HomeMy WebLinkAboutPACKET AUG 26 2014HIGH WITH fJYPORTLN11Y
BEA-UMON*
T• E• X• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 26, 2014 1:30 P.M.
CONSENT AGENDA
* Approval of minutes — August 19, 2014
* Confirmation of committee appointments
A) Authorize the City of Beaumont to submit a grant application to the Mamie McFaddin
Ward Heritage Foundation for grant funds in the amount of $7,500
B) Approve the cancellation of a contract with Valley View Consulting, LLC, for investment
management services
C) Authorize the acceptance of a ten foot wide Non - Exclusive Water Line Easement located
at a new boiler facility at its Lucas Terminal on West Port Arthur Road
0
RICH WITH OPPORTUNITY
111'EA,[111C111
T - E• X• A• S
TO:
FROM:
REQUESTED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Mayor Pro Tern Alan Coleman and
Councilmember W.L. Pate
August 26, 2014
REQUESTED ACTION: Council consider a resolution authorizing the City of
Beaumont to submit a grant application to the Mamie
McFaddin Ward Heritage Foundation for grant funds in the
amount of $7.500.
BACKGROUND
Mayor Pro -Tem Alan Coleman is spearheading the development of a regional coalition that will
coordinate the services of our area's non - profits, hospitals, school districts and counties as it
relates to healthy initiatives. The grant funds, if received, will be utilized to contract with a
company to develop a website to provide "easy access to fitness opportunities, nutritional
counseling and medical advice."
If approved, the content of the website will be managed by the IT Department in the same manner
that it is responsible for beaumonttexas.gov.
The grant application will be prepared and completed by Sherry Ulmer, Public Health. Director,
before the application deadline of August 31, 2014.
healthy * beaumont
A regional coalition will coordinate the services of our area's
non - profits, hospitals, school districts and counties.
A Needs Assessment will be performed to assure that necessary
services are being provided and all human services needs are
being met.
A website will be developed with easy access to fitness
opportunities, nutritional counseling and medical advice.
healthy -jr beaumont
Baton Rouge has one of the top three coalitions in the nation.
The coalition is named HealthyBR. Their structure includes two
boards. One to promote healthy lifestyles and one to address
the medical needs of the community.
HealthyBR is sustainable, with a separate 501(c)(3) status.
HealthyBR's activities and website are coordinated by the
Community Outreach Coordinator. Salary $40,000.
8/19/2014
10
MAMIE McFADDIN WARD HERITAGE
FOUNDATION GRANT APPLICATION
Caj*al -Bank
Wealth and Asset Management
P. O. Box 3928
Beaumont, Texas 77704 -3928
GENERAL GUIDELINES
The following guidelines and comments are provided to assist applicants in the
preparation of their grant requests and to provide some insight as to the manner
in which grants are considered.
1. Applicants should use the attached pre - printed form, or follow the
same format. Ten copies of the grant application should be submitted; four of
the copies should be fully supported by the attachments listed in Section 4 and
the other six may be submitted without the attachments listed in Section 4. Do
not include the instructions /General Guidelines with your Grant application.
Grant requests should be received by Capital One, National Association -
Wealth and Asset Management (herein referred to as "Bank ") by August 31 st in
order to assure consideration along with all other applications received during
the year. Submitted material will not be returned and becomes the property of
the Foundation.
2. Applicants must have received tax exemption as a 501(c)(3) charitable
organization, or the equivalent designation, prior to making application and must
attach a copy of the IRS exemption letter to the grant request form. Grants may
not be made to individuals.
3. The General Guidelines found at the beginning of this packet should
not be included in your materials submitted with the grant application. The
Affidavit found at the end of this packet must be signed, notarized and attached
to the application.
FORMS\ G RANTAPPM MW
Page 1
4. The primary purpose of the Mamie McFaddin Ward Heritage Foundation
is to support the McFaddin -Ward House Museum, located in Beaumont, Texas.
The Foundation may also make grants to non - profit organizations in the local
community typically within the following giving areas:
(1) the arts, culture, humanities and historic preservation (2) community services,
(3) educational /vocational training, (4) health, and (5) services for the needy and
disadvantaged.
5. There are no formal restrictions as to the types of requests being
considered, whether programming, project or capital improvement in nature.
There are never enough funds available to meet the many worthwhile requests
submitted for consideration. In order to meet as many of these needs as
possible within the community, and to encourage organizations to expand their
permanent services without becoming dependent upon the Foundation, the Co-
Trustees prefer to move the Foundation's support among various charities from
time to time, and not to become a continuous supporter of any organization.
There is a general policy against the funding of positions, salaries or other
continuing operational expenses that would subject the organization to
becoming dependent upon continued foundation support. No funds will be
provided for student loans, scholarships or fellowships for individual students,
grants for endowment funds, annual fundraisers or annual operating budgets.
6. These guidelines are general in nature, with the Co- Trustees
presume that they will make exceptions and changes in any and all of these
areas, within their own discretion, as they may from time to time deem
appropriate.
7. A list of previous grants received by the Mamie McFaddin Ward
Heritage Foundation is required as a part of this grant application. (see Section
3.G.) If no previous grants have been received from the Foundation, please
respond "None ".
8. It is the Co- Trustees' practice to notify all applicants of the decision
concerning their requests. This usually occurs in November.
9. A final report must be submitted upon completion of the
program /project as described in the grant application or at least annually if the
funds are not utilized in the time specified. Future grant requests will not be
considered unless the appropriate reports have been received. A Final Report
form will be sent to all successful grant applicants and is available upon request.
FORMS`,GRANTAPPMMW
Name
Page 2
of
Organization:
FORMS\GRANTAPPMMW
Name
Page 3
of
Organization:
MAMIE MCFADDIN WARD HERITAGE FOUNDATION
• al Ig
Capit Bank
Wealth and Asset Management
P. O. Box 3928
Beaumont, Texas 77704 -3928
GRANT APPLICATION
1. Organization Information
A. Name:
B. Executive
C. Grant
D. Mailing
E. Street
F. Phone
G. FAX
H. E -mail
FORMS`,GRANTAPPMMW
Name
Page 4
of
Writer /Contact
Director:
Person:
Address:
Address:
Number:
Number:
Address:
Organization:
I. Website Address:
J. Tax ID Number:
2. Request Information
A. Amount of Request: $------ - - - - -- and Date Needed:
-------- - - - - --
B. Title of Request:
C. Brief Description, Including Statement of Need:
--------------------------------------------------------------------
D. Name and Qualifications of the Person Responsible for this
Program/ Project:
E. Number of People Served by This Request:
F. Other Entities Being Asked for Funding:
G. Describe Plans to Evaluate the Program/ Project:
FORMS\GRANTAPPMMW
Name of
Page 5
Organization:
3. Organizational History and Structure
A. Mission of the Organization:
---------------------------------------
B. Brief History of the Organization and Its Achievements:
C. Description of Existing Services:
------------------------------------
---------------------------------------------------------------------
D. Objective
Years) : --------- - - - - --
(Next
IW
-------------------------------------------------------------------
E. Geographic Area and Population Served:
---------------------------
FORMS),GRANTAPPMMW
Name of Organization:
----------------------------------------------------- - - - - --
Page 6
F. Organizations Offering Same or Similar Services:
G. Previous Grants Received from this Foundation (Project Title, Date
and Amount):
H. List Major
I. Current Number
---------------------------
K. Organization Officers:
President /Chairman:
Treasurer:
Grant and Gift Sources:
of Staff and Volunteers:
Others:
------------------------------------------------------------
L. Board Members:
Chairman:
-----------------------------------------------
FORMS \GRANTAPPMMW
Name of
----------------------------------------------------- - - - - --
Page 7
Organization:
Others:
4. Required Attachments and Additional Information
A. Attach IRS Determination Letter verifying tax - exempt status.
B. Organizations applying for funding must submit with their
application a copy of their most recent fiscal year Audit (Audited
Financial Statements) completed by an outside, independent
Certified Public Accountant (CPA).
if your organization has not had a financial audit, please submit a
copy of 7) a Review; or
2) a Compilation, completed by an outside,
independent CPA.
C. The following supplemental financial documents must be
submitted
with your application:
1) Most recent Year -to -Date, detailed statements of income
and expenses, i.e. Profit & Loss (P &L) Statement,
2) Most recent Balance Sheet,
3) Current year, Board approved, Operating Budget
Please do not submit a copy of your IRS Tax Form 990, as that
information will be accessible utilizing your Tax ID
number /Employer Identification Number (EIN), provided on your
IRS Determination Letter.
D. The following additional documents must be submitted
with your application:
1) Project Budget (Income and Expenses)
FORMS'\ GRANTAPPMMW
Name
--------------- --
Page 8
of
Organization:
2) Project Timeline
AFFIDAVIT
I, the undersigned, state and affirm that all of the above statements and
information are true and correct. Further, I hereby declare that the
organization for which this application is filed, is a charitable organization as
defined under 501(c)(3) and /or related sections of the Internal Revenue Code,
and does not discriminate in any manner on the basis of race, color, religion,
sex national origin or on the basis of age.
Signature of Affiant
NOTARIZATION:
I, the below signed Notary, in and for the State of ___________________I
County of do hereby acknowledge that
--- --------------------------- the above signed Affidavit, did sign and publish
the above Affidavit before me, on this _______ day of ---------------- 20___,
affirming the correctness and validity of the statements made in the application
to which the Affidavit is attached.
FORMS\GRANTAPPMMW
Name
Page 9
of
NOTARY
Organization:
My Commission Expires: _________________ day of ---------------- 20___.
FORMS\GRANTAPPMMW
Name
Page 10
of
Organization:
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 through the Mamie McFaddin Ward Heritage Foundation in an
amount not to exceed $7,500 to contract with a company to develop a website to provide
easy access to fitness opportunities, nutritional counseling and medical advice.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
August, 2014.
- Mayor Becky Ames -
50�
RICH WITH OPPORTI,NITY
C. (
T • E • X • A • S City Council Agenda Item
TO:
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 26, 2014
REQUESTED ACTION: Council consider a resolution approving the cancellation of
a contract with Valley View Consulting, LLC, for
investment management services.
BACKGROUND
On April 19, 2008, Council approved a contract for investment management services with Valley
View Consulting, LLC The agreement has been extended several times, most recently on May
14. 2013, for an additional two years. Since the inception of this contract, the City has had a great
relationship with Valley View and is still pleased with their services. However, when considering
the City's FY 2015 budget and in an effort to reduce expenditures citywide, the cancellation of
this contract would save approximately $60,000 per year. Because today's market environment is
much more stable and predictable than the market environment that existed in 2009, the
investments can be administered in -house with current staff. The contract requires 30 days notice
prior to termination.
FUNDING SOURCE
Estimated savings to the General Fund in the amount of $60,000.
RECOMMENDATION
Approval of resolution
RESOLUTION NO.
WHEREAS, on April 28, 2009, City Council approved Resolution No. 09 -115
authorizing the City Manager to execute a two -year contract with Valley View Consulting,
L.L.C. for professional services to direct and coordinate all programs of investing as may
be considered and authorized by the City for an annual fee of .04% (4 basis points) of the
average quarterly fund balance for all funds designated as Investable Funds; and,
WHEREAS, on March 8, 2011, City Council approved Resolution No. 11 -087
authorizing the City Manager to exercise an option for a two -year extension of the contract
with Valley View Consulting, L.L.C. for professional services to direct and coordinate all
programs of investing as may be considered and authorized by the City for an annual fee
of .04% (4 basis points) of an average quarterly fund balance for all funds designated as
Investable Funds; and,
WHEREAS, on May 14, 2013, City Council approved Resolution No. 13 -104
authorizing the City Manager to exercise an option for a two -year extension of the contract
with Valley View Consulting, L.L.C. for professional services to direct and coordinate all
programs of investing as may be considered and authorized by the City for an annual fee
of .04% (4 basis points) of the average quarter end book value; and,
WHEREAS, when considering the City's FY 2015 budget and in an effort to reduce
expenditures citywide the termination of the contract would save approximately $60,000
per year and the investments can be administered by City staff; and,
WHEREAS, City Council is of the opinion that it is in the best interest of the City to
terminate the contract with Valley View Consulting, L.L.C.;
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 contract with Valley View Consulting, L.L.C. be and it is hereby
terminated effective upon the giving of thirty (30) days notice of termination.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
August, 2014.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
r A, [I 1�1 C1 11 (
T • E • X • A • S Cit y Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director - /I
MEETING DATE: August 26, 2014
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten
foot (10') wide Non - Exclusive Water Line Easement.
BACKGROUND
Valero Partners Lucas, LLC has agreed to convey a ten foot (10') wide non - exclusive Water Line
Easement to the City of Beaumont. The easement is described as being a 0.0155 acre tract out of
the Pelham Humphreys Survey, Abstract No. 32. The water line easement is for a new boiler
facility at its Lucas Terminal on West Port Arthur Road.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution
RESOLUTION NO.
WHEREAS, Valero Partners Lucas, LLC, has agreed to convey one (1) ten foot (10')
wide non - exclusive water line easement, said easement being a 0.0155 acre tract out of
the Pelham Humphreys Survey, Abstract No. 32, as described in Exhibit "A" and shown on
Exhibit "B," attached hereto, to the City of Beaumont for the purpose of constructing a new
boiler facility at its Lucas Terminal located on West Port Arthur Road; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT one (1) ten foot (10') non - exclusive water line easement conveyed by Valero
Partners Lucas, LLC, being a 0.0155 acre tract out of the Pelham Humphreys Survey,
Abstract No. 32, as described in Exhibit "A" and shown on Exhibit "B," attached hereto, be
and the same is hereby, in all things, accepted for the stated purpose.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
August, 2014.
- Mayor Becky Ames -
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
WATER LINE EASEMENT
THAT, VALERO PARTNERS LUCAS, LLC, a Delaware limited liability company, of
the County of Bexar, State of Texas, with an address of One Valero Way, San Antonio, Texas
78249 -1616, hereinafter called "GRANTOR ", whether one or more, for and in consideration of
the sum of TEN AND NO /100 DOLLARS ($10.00), and other good and valuable consideration
to us in hand paid by the CITY OF BEAUMONT, a municipal corporation domiciled in
Jefferson County, Texas, with an address of P.O. Box 3827. Beaumont, Texas 77704., hereinafter
called "GRANTEE ", the receipt and sufficiency of which consideration are hereby
acknowledged, has GRANTED, SOLD and CONVEYED. and by these presents does GRANT,
SELL and CONVEY unto GRANTEE, its successors and assigns, a Water Line Easement
(herein so called) and the right to construct, alter, and maintain waterlines and appurtenances
under, over, in and across those certain tracts or parcels of land owned by GRANTOR situated in
the County of Jefferson, State of Texas, and being more particularly described in Exhibits "A &
B ", attached and made a part hereof for all purposes (collectively, the "Easement Area")
The Water Line Easement herein granted shall be used solely for the purpose of placing,
constructing, operating, repairing, rebuilding, replacing, relocating. and /or removing water lines
and appurtenances for water and related services to GRANTOR's property_ and the following
rights are also hereby conveyed (collectively, the -Easement Rights")
It is expressly understood and agreed that GRANTEE shall have the right of ingress to
and egress along the Easement Area, and any such other roads or other areas of access located
within GRANTOR "s property adjacent to the Easement Area as may reasonably be necessary for
EXHIBIT "A"
GRANTEE's use and enjoyment of the Easement Rights, such roads and access points to be
specifically designated by GRANTOR.
GRANTOR reserves for itself', its successors and assigns. the right to cross over or under
said Easement Area with pipelines, roads. water lines, sewer lines, and other utilities or facilities
so long as such use does not unreasonably interfere with GRANTEE's rights hereunder or create
a safety hazard. GRANTOR agrees not to construct new, pipelines or utilities that parallel
GRANTEE's water lines within the Easement Area. GRANTOR further agrees not to place any
new structures or appurtenances within the Easement Area that will unreasonably interfere with
GRANTEE's ability to exercise the Easement Rights.
GRANTEE shall have the right and privilege to improve, maintain and operate its water
lines and appurtenances hereunder as permitted by law. GRANTEE shall not be responsible for
the repair and replacement of any paving or other structures within the Easement Area.
The grant provided herein unto GRANTEE is subject to all prior easements, rights -of-
way, exceptions, reservations, covenants. conditions. restrictions, and all other matters affecting
the Easement Area, whether or not of record or physically evident on the Easement Area. This
instrument does not constitute a conveyance of the surface of the Easement Area (or any other
portion of GRANTOR's property), nor of any of the oil, gas, water, or minerals contained therein
or thereunder. This agreement shall be governed by and construed in accordance with the laws of the
State of Texas, without giving effect to conflicts of laws rules as applied in Texas.
FO HAVE AND TO HOLD the above described Water Line Easement unto GRANTEE.
its successors and assigns forever, subject, however, to the terms contained herein.
[signatui -e contained on next Paget
EXECUTED this - day of e = 21 014.
GRANTOR:
VALERO PARTNERS LUCAS, LLC
r
Bv: _ � � �- " ` � , � _ �_ APPROVED
LEQAL
Printed Name: .lames V. Siet�all =
Title: Vice President
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF BEXAR X
BEFORE ME, the undersigned authority. on this day personally appeared
James V. Stegall as Vice President of Valero Partners Lucas, LLC, a Delaware limited liability
company. known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same as the act of such company for
the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. this -ter day of 2014.
AAA
KATH'sJ LYONS
rlot,-ri Public -
e
j
STATE OF TExAS
My comm. Exp. 05-07 -2017 of "y Public, tate of T xas
9i'V'•�r,vee -mow ��swvn¢R'°°`y1.d'� "�'iP7°
RETURN TO: City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont. TX 77704
EXHIBIT "A"
WATERLINE EASEMENT
Legal Description: 0.0155 Acre Waterline Easement
Pelham Humphreys Survey, Abstract No. 32
Jefferson County, Texas
BEING a 0.0155 acre waterline easement situated in the Pelham Humphreys Survey, Abstract
No. 32, Jefferson County, Texas and being out of and part of that certain called 220.32 acre tract
of land, identified as Tract IV as described in a "Deed Without Warranty" from Clark Refining &
Marketing, Inc. to Clark Port Arthur Pipeline Company as recorded in Clerk's File No. 95-
9505625, Official Public Records of Real Property, Jefferson County, Texas and also being out
of and part of that certain called 46.7013 acre tract of land identified as "Lucas Terminal Tract
IV" as described in a "Special Warranty Deed" from The Premcor Pipeline Co. to Valero
Partners Lucas, LLC as recorded in Clerk's File No. 2013039464, Official Public Records of
Real Property, Jefferson County, Texas, said 0.0155 acre waterline easement being more
particularly described as follows:
NOTE: All bearings are referenced to the Texas State Plane Coordinate Sweni
AAD83(CO,RS96). All distances and acreage are sin face.
COMMENCING at an iron pipe with a cap stamped "Gullett" found for the most Southerly
corner of the said 46.7013 acre Valero Partners Lucas, LLC tract, also being the most Westerly
corner of that certain called 2.125 acre tract of land as described in a "Special Warranty Deed"
from BP Pipelines (North America) Inc. to Oiltanking Beaumont Partners, L.P. as recorded in
Clerk's File No. 2001014848, Official Public Records of Real Property, Jefferson County, Texas
and said corner being in the East right -of -way line of the Southern Pacific Railroad (formerly the
Sabine & East Texas Railroad)(based on a width of 100 feet);
THENCE NORTH 30 °5500" WEST, along and with the said East right -of -way line of Southern
Pacific Railroad, for a distance of 1863.11 feet to the POINT OF BEGINNING of the tract
herein described;
THENCE NORTH 30 055'00" WEST, continuing along and with the said East right -of -way line
of Southern Pacific Railroad, for a distance of 10.52 feet to a point for corner;
THENCE NORTH: ?7 013'52" EAST, over and across the said 46.7013 acre Valero Partners
Lucas, LLC tract, for a distance of 69.19 feet to a point for corner;
THENCE SOUTH 12 046'07" EAST, continuing over and across the said 46.7013 acre Valero
Partners Lucas, LLC tract, for a distance of 10.00 feet to a point for corner;
1'1 -IRK 11'. 11'HITPLE1 IND. ISSOCI. -ITFA. I.SC:
THENCE SOUTH 771.3'52" WEST, continuing over and across the said 46.7013 acre Valero
Partners Lucas, LLC tract, for a distance of 65.91 feet to the POINT OF BEGINNING of the
tract herein described and containing 0.0 15 5 acres more or less.
Surveyed on August 29, 2013. This legal description is being submitted along with a plat based
on this survey.
01 / F
so- .Q.
Thomas S. Rowe, RPLS No. 5728 f ._...N��AS ...........
W '01; I3 -L,'_ 11-1.12_ WATERLINE EASEMENT %IS &doc ,,. ••° a
\= ,S�J�
11. IRK 11 : It HITELEY 4ND ISSOCIATfS, LNC.
�oc
o
OR NN
° °
,l
0 C-
+� `sue •�N . a, 'jy�` o
1 o iii i c�
s a
3
!a
2
m
�^ 2
f �
2
0 0� crv;
o
N ca
A o
O
$a
nv�mQ
off,
Q�
�1 w
m �`
-o
G
IC)
a
N ca
A o
c
� o
o
0
rn
L2
L n
v
mo
z�
m"m
m7
n
Z
0
11
w
O
$a
nv�mQ
off,
m �`
-o
o u4
P
N
c
� o
o
0
rn
L2
L n
v
mo
z�
m"m
m7
n
Z
0
11
w
9�stiU
Qs
L�•t-
0 S5 �p5� Op 222Q4 6� i
f N ` S62 a
!Q
O Ni
O
$a
M � P,
p rn G�>n>
j - 9
`Q
Z` N
9�stiU
Qs
L�•t-
0 S5 �p5� Op 222Q4 6� i
f N ` S62 a
!Q
O Ni
RICH WITH OPPORTUNITY
i
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 26, 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 1-2/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a resolution approving a change order to the contract with Johnson
Controls. Inc. to increase the number of new water meters to be replaced
2. Consider granting a solid waste collection and transportation service franchise to
Sprint Waste Services, L.P.
WORK SESSION
* Review and discuss the proposed FY 2015 Budget and the proposed 2015 Capital
Program
PUBLIC HEARING
* Receive comments on the proposed FY 2015 Budget and the proposed 2015
Capital Program
PUBLIC HEARING
* Receive comments on the 2014 (FY 2015) Proposed Tax Rate
WORK SESSION
* Review and discuss proposed changes to the Alcohol and Beverage Ordinance
COMMENTS
Councilmembers /City Manager comment on various matters
Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
.lames Mathews vs. City of Beaumont, Texas; A- 192,887
Robert "Bobby' Lorraine vs. City of Beaumont, Texas; Cause No. 122490
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 ineeting.
0
August 26, 2014
Consider a resolution approving a change order to the contract with Johnson Controls, Inc. to
increase the number of new water meters to be replaced
RICH WITH OPPORTUNITY
Cl [I 1�1 C1 11
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 26, 2014
REQUESTED ACTION: Council consider a resolution approving a change order to
the contract with Johnson Controls, Inc. to increase the
number of new water meters to be replaced.
BACKGROUND
The City entered into a performance contract with Johnson Controls, Inc., on September 27, 2012
in the amount of $14,487,402. The debt was financed over a 7 year period at 1.766 1/D. The
purpose of the project is to install Automated Metering Infrastructure (AMI) in the City of
Beaumont for reading water meters. The initial project included replacing 29,644 5/8" water
meters that were installed prior to 2006 and retrofitting other meters with the appropriate register
from the original wager meter manufacturer compatible with the Itron AMI system and a leak
detection system. unfortunately, the manufacturer of some of our meters (meters manufactured
by Kent) that were planned to be retrofitted has discontinued producing register retrofits
compatible with the Itron system. Consequently there are 1,806 meters that will need to be
replaced rather than retrofitted at a cost of $606,962. If the change order is approved, the
outstanding debt for this contract will be $15,094,364. Staff will look at refinancing the total
amount from 7 years to 10 years and will bring the item to City Council for consideration if it is
found to be advantageous.
FUNDING SOURCE
Capital Program — Water and Sewer Projects.
RECOMMENDATION
Approval of resolution
Attachment 2
CHANGE ORDER
Performance Contract dated September 27, 2012 between
Change Order No. 1
Date (mo /day /yr)
Johnson Controls, Inc. and Customer
13/20/14
Customer
CITY OF BEAUMONT
The above referenced Performance Contract is hereby modified to the extent described below in accordance with the
Terms and Conditions of the CHANGE ORDERS section thereof.
Scope of Work changed as follows:
See Attached
- — $ 606,962
otal amount of this Change Order ................... ............................... ....... ............
$ 15, 094, 364
Fotal Performance Contract amount as revised this Change Order ..................
he :ime for completion is: increased, ❑decreased, unchanged. (mo, day, y�>
The new completion date resulting from this Change Order is: 11/30/2014
[check ifapplinbiel Assured Performance Guarantee changed as follows:
.1n'ess specifically changed by this Change Order, all terms, conditions and provisions of the above referenced
formance Contract remain unchanged and in full effect.
JOHNSON CONTROLS, INC.
CUSTOMER
a
Signature:
Signature:
Printed Name: S
Printed Name:
Ti' !St^t�! _��'�l_Q1Yz�
Title: - -
SCOPE OF WORK
1. SUMMARY OF WORK: The following summarizes the additional Work to be provided
by JCI under this Agreement, as further defined below:
Scope Of Work Summary:
1. Water ME;ter Improvements and Advanced Metering Infrastructure (AMI) System
This Business Improvement Measure will include the following:
• Replacement of one thousand and fifty-nine (1,283) V water meters. New water meters will be
Neptune meters with itron inline connectors for AMI system
• Replacement of one hundred and two (134) 1.5° water meters. New water meters will be
Neptune meters with Itron inline connectors for AMI system
• Replacement of three hundred and seventeen (389) 2" water meters. New water meters will be
Neptune meters with Itron inline connectors for AMI system
A credit is being issued for registers that were in the scope of work to retrofit, but that can no longer be
purchased.
2
RESOLUTION NO.
WHEREAS, on September 25, 2012, the City Council of the City of Beaumont,
Texas passed Resolution No. 12 -225 authorizing the City Manager to execute a
Performance Contract with Johnson Controls, Inc., in the amount of $14,487,402, for
installation and irriplementation of an Automated Metering and Leak Detection
Infrastructure for the Water Utilities Department; and,
WHEREAS, a Change Order, in the amount of $606,962, is required for
replacement of one thousand two hundred eighty -three (1,283) 1" water meters with a
credit for register retrofit of one thousand two hundred eighty -three (1,283) 1" meters;
replacement of one hundred thirty -four (134) 1.5" water meters with a credit for register
retrofit of one hundred thirty -four (134) 1.5" meters; and, replacement of three hundred
eighty -nine (389) 2" water meters with a credit for register retrofit of three hundred eighty -
nine (389) 2" meters, thereby increasing the contract amount to $15,094,364;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a Change Order
for additional work described above, thereby increasing the contract amount by $606,962
for a total contract amount of $15,094,364 forthe Automated Metering Infrastructure (AMI)
Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of
August, 2014.
- Mayor Becky Ames -
August 26, 2014
Consider granting a solid waste collection and transportation service franchise to Sprint Waste
Services, L.P.
RICH WITH OPPORTUNITY
ILI ► �
T - E• X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
• - ' l�Z111II�11]
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
August 26. 2014
Council consider granting a solid waste collection and
transportation service franchise to Sprint Waste Services,
L.P.
On January 1, 2014, Triangle Waste ( a wholly -owned subsidiary of Sprint Waste Ser<;,ices, LP)
merged into Sprint Waste Services, LP. Triangle Waste has a solid waste franchise agreement
with the City of Beaumont but due to the legal change in corporate structure and merger with
Sprint Waste Services, LP, it is necessary for the company to obtain a franchise agreement with
the City in the name of Sprint Waste Services, LP. According to City Ordinance 22.05.101, no
person shall engage in the business of collecting, hauling or transporting, in the city, any garbage,
waste or refuse, without first having obtained a franchise from the City. Seven (7) entities
currently have nonexclusive franchise agreements with the City and are doing business in this
area.
The requested franchise is generally the same as those previously approved by City Council. It
provides for a term of one year from its effective date and a franchise fee of seven percent (7 %)
of gross revenues received for service. It also requires the entity to indemnify the City of
Beaumont and provide insurance which names the City of Beaumont as a named insured.
According to City Charter, franchise ordinances require readings at three (3) separate Council
meetings, with the third not less than thirty (30) days from the first reading. The ordinance does
not take effect until sixty (60) days after its adoption on the third and final reading. After passage,
the ordinance must be published for four (4) consecutive weeks in a newspaper of general
circulation in the city. All publication costs are paid by the franchisee.
This is first reading of the franchise ordinance.
Franchise for Sprint Waste Services, I,P.
August 26. 2014
Page 2
FUNDING SOURCE
A franchise fee of seven percent (7 %) of gross receipts is paid into the General Fund.
RECOMMENDATION
Approval of resolution.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES TO SPRINT WASTE SERVICES, L.P.
WHEREAS, Sprint Waste Services, L.P. (the "Company ") has requested a franchise
to operate a solid waste collection and transportation service within the City of Beaumont,
Texas (the "City "); and,
WHEREAS, the City desires to grant such franchise;
NOW, THEREFORE, BE IT ORDAINED BY 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
Section 1.
Grant of Authority
There is hereby granted by the City to Sprint Waste Services, L.P. the right and
privilege to operate and maintain within the City a solid waste collection and transportation
service (the "service "'). For purposes of this franchise, the term "solid waste collection and
transportation service" shall mean the regular business of collection, hauling ortransporting
any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such
material in accordance with law. The franchise granted herein is nonexclusive, and
franchises may be granted to other persons for service.
Section 2.
Term of Franchise
The franchise herein granted shall take effect and be in force sixty (60) days after
the final passage hereof as required by law and upon the filing by the Company of an
acceptance with the City Clerk, and shall continue in force and effect until one (1) year
thereafter. The acceptance required hereunder must be in writing and filed with the City
Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term
hereof, this franchise shall continue on a month -to -month basis until terminated by either
party or extended or replaced.
Section 3.
Rates
The Company shall establish rates for service which are uniform as to customer
class based upon such criteria as type of waste, container size, frequency of collection
and distance of travel. The Company shall file its initial rates for service with its
acceptance as required herein. Such rates shall, unless modified by the City, be effective
with the effective date of this franchise. Any modifications in rates by the Company shall
first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after
such filing unless modified by City as provided herein. Nothing herein shall prevent the
Company from charging uniform rates which are less than the rates filed with the City. The
City shall have the right to establish rates charged by Company for services performed
hereunder, after notice and hearing. Rates established by the City shall be sufficient to
allow the Company an opportunity to earn a reasonable return on its invested capital used
in providing such services.
Section 4.
Franchise Fee
The Company shall pay to the City, on or before the fifteenth (15th) day of each
month, a sum equal to SEVEN PERCENT (7 %) of the gross revenues received for service
in the previous month as payment for the use of the City's streets, alleys and rights -of -way.
The payments herein provided do not relieve Company from the payment of ad valorem
taxes, special assessments, charges, or other fees applicable to the public generally. City
shall have the right, at any reasonable time, to audit the books and records of the
Company and the Company is hereby required to make such books and records available
at the request of City. Upon written acceptance, the Company shall furnish to the City a
listing of customers served, including customer name, address, frequency of pick -up, size
of container or type of service and charge for same. The following report shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein:
Upon written request and within thirty (30) days of receipt, the Company shall
furnish to the City adequate reconciliation of reported revenues which would
include: a listing of names and addresses of all customers served, frequency
of pick -up, size of container or type of service and charge for same, and date
service was initiated and discontinued.
Section 5.
Indemnity. Insurance and Bond
The Company shall at all times during the effective period of this franchise, carry
liability insurance as provided herein. The Company covenants and agrees at all times to
indemnify and save harmless the City, its officers, agents, employees, and any member
of the public against any and all injuries, damages, claims, causes of action or loss of
compensation arising or resulting from Company's operations under this franchise, whether
or not such loss was caused by the negligence of the City, its agents, servants or
employees. Upon notice given Company by City, Company must defend at its own
expense, any action or suit brought against the City because of any work or other acts
done by the Company under the terms of this franchise. Counsel chosen by Company to
defend City must be satisfactory to City. Company will pay any final judgment which might
be obtained against City by reason of any work or acts done hereunder by Company, its
agents, servants or employees, and Company will pay all damages occurring to any person
or property, public or private, resulting from any fault or neglect on its part or on the part
of its agents or employees.
The Company agrees to carry insurance as follows:
1) Workers' Compensation
The Company shall furnish the City Clerk a certificate of
insurance indicating workers' compensation coverage as
required by the State of Texas.
2) Automobile Liability Insurance
The Company shall carry, in its own name, a policy in
comprehensive form to insure the automobile liability of its
operation with limits of not less than Five Hundred Thousand
Dollars ($500,000.00) per occurrence for bodily injury and, in
addition. not less than One Hundred Thousand Dollars
($100,000.00) property damage. This policy shall name City
as an additional insured and provide for thirty (30) days notice
to City prior to cancellation. A certificate of insurance certifying
such coverage shall be filed with the City Clerk before the
effective date of this franchise, and it shall be maintained in
force during the term of the franchise.
3) General Liability
The Company shall carry, in its own name, a comprehensive
liability insurance policy including contractual coverage for
operations other than automobile with limits of not less than
Five Hundred Thousand Dollars ($500,000.00) per occurrence
for bodily injury, and One Hundred Thousand Dollars
($100,00.00) per occurrence for property damage. The policy
shall name the City as named insured and provide for thirty
(30) days notice to City prior to cancellation. A certificate of
insurance certifying such coverage shall be filed with the City
Clerk before the effective date of this franchise and maintained
in force during the term of the franchise.
Section 6.
Compliance with Laws and Ordinances
The Company shall, at all times during the term of this franchise, be subject to all
lawful exercise of police power by the City and to such reasonable regulations as the City
shall hereafter by ordinance provide. In addition, the Company will observe all city, county,
state, and federal laws regulating the collection and disposal of solid waste.
Section 7.
Service Standard and Equipment
The Company shall maintain and operate its collection system and equipment in
good order to render efficient service subject to the terms of this franchise. All vehicles,
containers, and equipment used for the collection and transportation of solid waste shall
be constructed, operated and maintained to prevent loss of liquid or solid waste material
and to minimize health and safety hazards to solid waste management personnel and the
public. Such vehicles, containers, and equipment used shall be maintained in a clean,
sanitary condition and free from odors at all times. All vehicles and equipment shall comply
with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and
roll -off type containers shall be painted and numbered and shall have the Company's name
and telephone number painted in letters of a contrasting color. Such containers may not
be placed on any street or right -of -way within the City. All collections shall be made directly
from the premises of the customer and any emptied containers returned directly to such
premises.
Section 8.
Providing Services
The Company shall provide service to any person, firm, corporation, association or
entity inside the City, of Beaumont who requests such service and is not delinquent in the
payment of collection charges due the Company.
Section 9.
Office
The Company shall establish and maintain an office with telephone service and shall
keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except
Saturday, Sunday and holidays.
Section 10.
Interruption of Service
In the event that service shall be interrupted for any reason for more than forty -eight
(48) hours, the City shall have the right to make temporary independent arrangements for
the purposes of continuing this necessary service to its residents in order to provide or
protect the public health and safety. If the interruption in service mentioned herein
continues for a period of seventy -two (72) hours, then the City shall have the right to
terminate the rights and privileges granted in this franchise.
Section 11.
Termination
In the event that any provision of this franchise is violated by the Company, the City
may serve written notice upon the Company of its intention to terminate this franchise. The
notice shall contain the reasons for such intention to terminate the franchise. Unless within
ten (10) days after mailing such notice by City to the Company, such violation shall cease,
or satisfactorily arrangements for correction be made by Company, the City Council may,
after a public hearing in which Company is provided an opportunity to present evidence
concerning such violation, declare the franchise terminated and serve written notice upon
the Company of the termination and the termination of the franchise shall be effective upon
the mailing of such notice.
Section 12.
Transfer of Franchise Rights
Franchise rights granted hereunder shall not be transferred to another without the
approval of City. A, single transfer or a series of transfers of Company's stock which
constitute a transfer of a majority interest in Company is subject to the prior approval of
City.
Section 13.
Notices
Where written notices are provided for in this ordinance, same shall be sufficient to
notify Company when provided by certified mail to:
Sprint Waste Services, L.P.
1000 :i. Business Park Dr.
Port Arthur, TX 77640
Notice to City, is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, TX 77704
Section 14.
If any section, sentence, clause, paragraph or phrase of this ordinance, other than
Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the
remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any
reason, the ordinance shall be immediately invalid.
Section 15.
It is agreed by City and Company that venue of any legal proceedings under this
franchise agreement shall be in Jefferson County, Texas.
Section 16.
Vehicle Permits
Twenty (20) days prior to the effective date of this franchise, the Company shall
furnish to the City a list of all vehicles to be providing solid waste collection and disposal
service under this franchise. Such list shall include state license number, year, make,
model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City
of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize
the City refuse disposal facility. If at any time a vehicle or equipment is found to be in
noncompliance with Section 7 of this franchise, the Company will be notified of its violation
and said equipment: or vehicle shall be removed from service upon receipt of written
notification.
Failure to comply with this provision or to falsify the information concerning the
location of the service of the vehicle shall be a material breach of this franchise. Should
City decide not to terminate this franchise because of any violation of this Section,
Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for
a period of sixty (60) days.
PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the
26th day of August, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the day of
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
day of
ACCEPTANCE:
Sprint Waste Services, L.P.
0
(Company Owner /Representative)
2014.
- Mayor Becky Ames -
WORK SESSION
Review and discuss the proposed FY 2015 Budget and the
proposed 2015 Capital Program
VYisFa WS'l'h ¢, PO FtTUN!TY
r
ri
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
August 26, 2014
Council to hold a joint public hearing on the proposed
FY 2015 Budget and the proposed 2015 Capital Program.
BACKGROUND
The proposed FY 2015 Budget was submitted to Council on August 12, 2014. The proposed
2015 Capital Program was originally submitted on May 13, 2014. On August 12, 2014, the
proposed 2015 Capital Program was submitted with revisions.
The notice oi' the public hearing on the Budget and Capital Program was published August 19,
2014.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
To hold the joint public hearing.
PUBLIC HEARING
* Receive comments on the proposed FY 2015 Budget: and the
proposed 2015 Capital Program
PUBLIC HEARING
Receive comments on the 2014 (FY 2015) Proposed Tax
Rate
ItICR WI`I'I3 0Y'6'0RTUNfTY
r
T E• X - A S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
August 26, 2014
Council to hold a public hearing on the 2014 (FY 2015)
Proposed Tax Rate.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth -in- taxation laws
in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the
lower of the effective tax rate or the roll back tax rate. A Notice of Proposed Tax Rate is required
to be published in the newspaper, on the city website, and on a television channel, if available.
The notice was published in the newspaper, on the website and on the cable channel 4 on August
19, 2014.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
To hold the public hearing.
WORK SESSION
Review and discuss proposed changes to the Alcohol and
Beverage Ordinance
ARTICLE 6.03 ALCOHOLIC BEVERAGES
Division 1. Generally
Sec. 6.03.001 Definitions.
For the purpose of this Article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Applicant. An individual that submits an original or renewal application for a permit. The
applicant is the intended operator, occupant, or owner of the establishment.
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.
Establishment. The intended site for which the permit will be issued.
Fire Chief. The Chief of the City of Beaumont Fire Department or the designated representative
of the Chief of the Fire Department.
Occupant. An individual who occupies or exercises direct control of the establishment.
Operator. The manager or other natural person principally in charge of the establishment.
Owner.An individual who has an ownership interest in the establishment or receives an
economic or monetary benefit from the establishment.
Permit. A current, valid permit issued by the City Manager pursuant to the terms of this Article
to an applicant.
Permit Holder. A person how has been issued a permit pursuant to this Article.
Police Chief. The Chief of the City of Beaumont Police Department or the designated
representative of the Chief of the Police Department.
Public Health Director. The Public Health Director for the Public Health Department for the City
of Beaumont or the designated representative of the Public Health Director.
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 1 through 12 classes are taught; and
(2) Special education facilities in which students who have physical or learning disabilities
receive specialized education in lieu of attending regular classes in kindergarten or any
grades 1 through 12.
Division 2. Permits
Sec. 6.03.002 Permits.
(a) It shall be unlawful for any operator, occupant, or owner of an establishment. to do the
following without first obtaining a permit issued pursuant to this Article by the City:
(1) Manufacture, distill, brew, sell, possess, import into this state, export from this state,
transport, distribute, warehouse, or store any liquor or alcoholic beverage;
(2) Solicit or take orders for any liquor or alcoholic beverage; or
(3) Bottle, rectify, blend, treat, fortify, mix or process any liquor or alcoholic beverage.
(b) A permit issued under this Article is non - transferable and non - refundable.
Sec. 6.03.003 Display.
It shall be unlawful for any operator, occupant, or owner of an establishment required to obtain a
permit hereunder to fail to keep the same displayed in a conspicuous place at or near the
principal public entrance in the establishment for which it was issued.
Sec. 6.03.004 Application, term.
(a) A permit issued under this Article does not vest any property rights in the applicant or
permit holder.
(b) All permits, excluding mixed beverages and late beverages, shall be valid for a two (2)
year period starting from the date of issuance.
(c) Permits for mixed beverages and late beverages shall be valid for a three (3) year period
and upon renewal shall be valid for a two (2) year period.
(d) An application shall be made by the intended owner or operator of the establishment.
(e) The application for permit shall be submitted with the prescribed fee as outlined in the
fee schedule. 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 establishment,
and if incorporated, the name registered with the Secretary of State;
(2) Name, address, and telephone number of the operator of the establishment to be
permitted;
(3) Whether a previous permit of the applicant, or, if applicable, a corporate officer of the
applicant, has been revoked within three (3) years of filing of the application; and
(4) A statement that all the facts contained in the application are true and correct.
(5) Proof of a valid state permit.
Sec. 6.03.005 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.
(b) The renewal application must be submitted with the prescribed fee not to exceed one -half
the state fee.
(c) Applications submitted after the expiration date of the expiration date of the previous
permit will be accessed a fifty dollar ($50.00) penalty.
Sec. 6.03.006 Grounds for denial or revocation.
(a) The City Manager shall refuse to approve the issuance or renewal of a permit or shall
revoke a pen-nit for one or more of the following reasons:
(1) A false statement as to a material matter made in an application for a permit or
renewal of a permit.
(2) Revocation of a permit; pursuant to this Article, of the applicant or corporate officer
of the applicant within three (3) years preceding the filing of the application.
Sec. 6.03.007 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
the 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. 6.03.008 Transfer of permit.
(a) A permit issued under the provisions of this Article shall be specific to the establishment
site and personal to the permit holder thereof and shall not be transferable or assignable.
(b) Owners or occupants of multiple sites are required to have permits for each location.
Sec. 6.03.009 Replacement permits.
(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.
Sec. 6.03.010 Occupation tax; permit fees.
(a) There are hereby prescribed and levied occupation taxes or permit fees upon persons
carrying on the business of manufacturing, distributing or dealing in alcoholic beverages,
as described in this article, in an amount not to exceed one -half of the taxes or fees levied
upon such business by the state.
(b) The holder of a state retail dealer's on- premises late hours license shall pay to the city,
before exercising any privilege by virtue of such late hours license, a fee not to exceed
one -half of the state fee for such late hours license.
(c) All taxes or fees for each place of business shall be paid in advance in compliance with
the fee schedules authorized by the Texas Alcoholic Beverage Code.
Division 3. Inspections
Sec. 6.03.011 Inspections; compliance
(a) The establishment shall conform to all zoning ordinances, building codes, health and
sanitization codes and fire prevention codes of the City and comply with all federal, state
and local ordinances and regulations relevant to the sale, manufacturing, or distributing of
alcoholic beverages.
(b) The Police Chief, the Fire Chief, the Chief Building Official, and Public Health Director
shall have the right to immediate access to enter and inspect all manufacturing,
distributing, and retailing establishments in possession of alcoholic beverages.
(c) An owner, operator, occupant, or any person who does not allow immediate access to the
establishment for the purpose of inspection commits an offense.
Sec. 6.03.012 Prohibited locations.
(a) Except as otherwise provided by the Texas Alcoholic Beverage Code, it shall be unlawful
for any person to sell or possess for the purpose of sale any alcoholic beverages where the
establishment or place of business of any dealer is:
(1) Within three hundred (300,1 feet of a church or public or private school;
(2) Within one thousand (1,000) feet of a public school or a private school if the
governing body of the city receives a request from the governing body of the private
school or from the board of trustees of the school district under section 38.007,
Education Code; or
(3) Within 1,900 feet of a day care center or child care facility, as those terms are defined
by section 42.002 of the Texas Human Resources Code.
(b) The measurement of the distance between the place of business where alcoholic
beverages are sold and the church, public or private school, day care center, or child care
facility shall be determined as described in sections 109.33 and 109.331 of the Texas
Alcoholic Beverage Code, as amended.
Sec. 6.03.013 Responsibility of permit holder.
(a) The permit holder shall within fourteen (14) days of the effective date notify the City
Manager in writing of any changes to information submitted in the application.
(b) Failure to notify the City Manager of changes may result in the revocation of the
establishment's permit or the denial of the permit renewal.
(c) The permit holder shall within fourteen (14) days of the effective date notify the City
Manager of the establishment's closure.
Division 4. Enforcement
Sec. 6.03.014 Hours of operation
(a) The city is hereby designated as an "extended (late) hours area,,, and the times
permitted for consumption and possession of alcoholic beverages defined by section
105.06 of the Texas Alcoholic Beverage Code, as amended, are hereby adopted and
made effective in the City.
(b) The hours prescribed by section 105.05 of the Texas Alcoholic Beverage Code, as
amended, for the sale of beer are hereby adopted and made effective in the City.
(c) The hours prescribed by section 105.03 of the Texas Alcoholic Beverage Code, as
amended, for the sale of mixed beverages are hereby adopted and made effective in
the City.
(d) It shall be unlawful for holders of package store permits as provided in the Texas
Alcoholic Beverage Code to sell, offer for sale, or deliver any liquor:
(1) Between 9:00 p.m. of any day and 10:00 a.m. of the following day;
(2) On Sunday;
(3) On New Year's Day;
(4) On July fourth;
(5) On Labor Day;
(6) On Thanksgiving Day;
(7) On Christmas Day;
(8) On the following Monday when Christmas Day or New Year's Day falls on a
Sunday.
Sec. 6.03.015 Violation of existing laws not authorized
Nothing herein shall be construed or have the effect to license, permit, authorize or legalize the
sale, offer to sell, or delivery of any liquor 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. 6.03.016 Penalties.
(a) It shall be unlawful for an owner, operator, or occupant of an establishment not to
maintain and display a valid permit issued by the City.
(b) 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
fifty dollars ($50.00) nor more than two hundred dollars ($200.00).
(c) Upon a second conviction of a violation of this Article, the defendant shall be punished
by a fine of' not less than one hundred dollars ($100.00) nor more than two hundred
dollars ($200.00).
(d) 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 granted under this Article.
Sec. 6.03.017 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 provision 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. 6.03.018 Strict enforcement.
All law enforcement personnel, inspectors, and other designated City personnel shall carry out
the provisions of this Article and may issue citations for violations of this Article. All law
enforcement personnel, inspectors, and other designated City personnel 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.