HomeMy WebLinkAboutPACKET DEC 23 2008 (02)RICH WITH OPPORTUNITY
BEA,IIMON*
T- E- X- A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 23, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve entering into a Landscape Partnership Program Agreement with TXDOT for
plantings and maintenance of plantings within TXDOT rights-of-way
B;) Authorize the City Manager to execute an Industrial District Contract with DCP
Midstream, LP
C) Authorize the City Manager to execute an Industrial District Contract with Slamback
Partners
D;) Approve a resolution accepting maintenance of the street, water and sanitary sewer
improvements in Regent I, Hope VI Subdivision
RICH WITH OPPORTUINITY
11EA,11110fl
T- E - X - A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
� �-3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: December 23, 2008
REQUESTED ACTION: Consider entering into a Landscape Partnership Program
Agreement with TXDOT for plantings and maintenance of
plantings within TXDOT rights-of-way.
RECOMMENDATION
The Administration recommends approval of entering into a Landscape Partnership Program
Agreement with the Texas Department of Transportation (TXDOT) for plantings and
maintenance of plantings by the City within TXDOT rights-of-way. These plantings are part
of the City's Beautification Plan.
BACKGROUND:
In an effort to beautify Beaumont, the City has been implementing its Beautification Plan. The
goal of the plan is to attract development and improve the quality of life of our citizens through
improving the city's appearance at key locations. During last winter's planting season,
Delaware Extension, phases one and two, were completed as well as the Fannett median
plantings. Also, the College and 11th Street landscaping islands were also completed. The
cleaning of the a and 1 Vh Street underpasses is currently out for bid. During this winter's
planting season, we will be removing asphalt in the medians and planting trees and grass turf at
some of our "gateway" highway interchanges. These sites include:
• Eastex and Dowlen
• IH10 and 11`h Street
0 IH 10 and College Street
0 Cardinal and Fannett
• IH 10 and Walden
Attached are copies of planting plans and the agreement for your review.
BUDGETARY IMPACT
Funds are budgeted for this expenditure in the FY2009 Budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Landscape Partnership Program
Agreement with the Texas Department of Transportation (TxDOT), substantially in the form
attached hereto as Exhibit "A," for plantings and maintenance of plantings within TxDOT
rights-of-way. The sites include:
• Eastex and Dowlen;
• IH10 and 11th Street;
• IH10 and College Street;
• Cardinal and Fannett; and
• IH10 and Walden.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTYOF JEFFERSON §
LANDSCAPE PARTNERSHIP PROGRAM
FOR GOVERNMENTAL ENTITIES
County Jefferson
Location City of Beaumont
THIS AGREEMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the "State" or "TxDOT," and the _City of Beaumont , Texas acting by and
through its duly authorized officials as evidenced by Resolution or Ordinance, dated , which is
attached to and made part of this contract, hereinafter called the "Local Government."
WITNESSETH
WHEREAS, Transportation Code, Chapter 201 and Transportation Code, Chapter 221 authorizes the State to lay
out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway
System; and,
WHEREAS, Title 43, Texas Administrative Code, §§2.67, Landscape Partnership Program, allows private
businesses, civic organizations, and local governments an opportunity to support the aesthetic improvement of the
state highway system by donating the project development, establishment, and maintenance of a landscaped
section of the state highway system upon approval of the State.
WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said
improvement by funding that portion of the improvement described as landscape development, hereinafter called
the "Project'; and,
WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; and
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties
hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government
do agree as follows:
AGREEMENT
ARTICLE 1. TIME PERIOD
This agreement becomes effective when signed by the last party whose signing makes the agreement fully
executed and shall terminate in accordance with Article 10.
ARTICLE 2. PROJECT
A. The Local Government agrees to perform the landscape work described in Attachment A, Landscape Plan,
which consists of project design plans, sketches, drawings, notes, estimates, and specifications as required by
the State, and in Attachment B, Work Responsibilities. The project design plan shall be subject to the review
and satisfactory approval by the State prior to installation. No modification to the approved design may be
made without the prior written approval of TxDOT's local District Engineer or the Director of the Design Division.
B. Unless otherwise specifically stated in Attachment B, the State may supervise and inspect all work performed
and provide such engineering inspection services as may be required to ensure that the project is accomplished
in accordance with Attachment A.
C. The Local Government agrees to maintain the landscaping to the State's satisfaction for a period of no more
than two years in accordance with Attachment C, Project Work Schedule.
D. The Local Government shall provide, erect, and maintain to the satisfaction of the State any barricades, signs,
and traffic handling devices necessary to protect the safety of the traveling public while performing any work on
the project.
E. All aspects of the project shall be carried out in compliance with applicable federal and state laws and
regulations. The project shall be designed in accordance with Attachment A and with TxDOT's latest policies,
procedures, standards, and guidelines. The Local Government shall award and manage all construction work.
F. It is expressly understood that the State does not purport hereby to grant any right, claim, title or easement in or
upon this State property.
ARTICLE 3. PROJECT FUNDING
A. The Local Government is responsible for 100% of the cost of designing, constructing and maintaining the
landscape project. State funds shall not be made available to contribute to the design, construction, or
maintenance of this project under any circumstances.
Landscape—Landscape_Govt Page 1 Of 7 Rev. 08/21/07
EXHIBIT "A"
B. Any costs incurred by the State for repairs to the State Property, for removal of debris or any other necessary
restoration work as a result of the project shall be billed to the Local Government at cost. The Local
Government shall make full and complete payment to the State within thirty (30) days from receipt of State's
written notification.
ARTICLE 4. REPRESENTATIONS AND WARRANTIES
A. The Local Government represents and warrants that it has unrestricted and full use of any materials and items
described in Attachment A and that by signing this agreement it relinquishes and transfers all rights and interest
in and use to the State.
B. The Local Government acknowledges that while it is not an agent, servant, nor employee of the State, it is
responsible for its own acts and deeds and for those of its agents or employees during the performance of the
work on the Project.
ARTICLE 5. MAINTENANCE
Upon completion of the installation of the Project, the Local Government will assume responsibility for the
maintenance of the completed Project.
ARTICLE 6. RIGHT OF ACCESS
A. The State shall permit the Local Government access to the site to perform any activities required to execute the
work. If the project is on a controlled access highway, any access to the highway by the Local Government to
perform its responsibilities, whether construction work or maintenance, must be from frontage roads, nearby
adjacent private property, nearby adjacent roads and streets, or trails along or near the right of way line, without
access from the main lanes or ramps. The Local Government shall provide for all necessary right of way
needed for performance of the work on sites not owned or to be acquired by the State.
B. Ingress and egress shall be allowed at all times for Federal and Highway Administration personnel and state
employees and equipment when highway maintenance operations are necessary and for inspection purposes.
C. This agreement does not give the Local Government any right to display or permit any other party to display
literature, memorabilia, artifacts, or anything else in or around the landscape project, with the exception of the
project itself. The Local Government shall follow all current TxDOT rules, polices, procedures, and regulations,
which may be modified by TxDOT at any time without notice.
ARTICLE 7. CONDITION OF THE PROPERTY
A. The Local Government shall construct the landscape project in strict conformity to the design as approved by
the State. The Local Government shall not deposit any waste products on the premises and shall remove any
materials and debris from the premises at the end of the construction of the landscape project. Construction of
the landscape project shall pose no danger or interfere to the traveling public. The State may halt construction
of the landscape project at any time if, in its sole judgment, construction is posing a danger to the traveling
public.
B. The Local Government shall avoid damage on or outside the State property. At the State's request, the Local
Government shall, at its own expense, restore or repair damage occurring on or outside State property,
including but not limited to roadway and drainage structures, overhead signs, signs, traffic signals, pavement
markings, and pavement to a condition equal to that existing before the project, and restore the natural and
cultural environment in accordance with federal and state laws, including landscaping and historical features.
ARTICLE B. UTILITIES
A. If the required right of way encroaches upon existing utilities and the proposed project requires their adjustment,
removal or relocation, the Local Government shall be responsible for determining the scope of utility work and
notify the appropriate utility company to schedule adjustments.
B. The Local Government shall be responsible for the adjustment, removal or relocation of utility facilities in
accordance with applicable State laws, regulations, rules, policies and procedures. This includes, but is not
limited to: 43 TAC §15.55 relating to Construction Cost Participation; 43 TAC §21.21 relating to State
Participation in Relocation, Adjustment, and/or Removal of Utilities; and, 43 TAC§ 21.31 et seq. relating to Utility
Accommodation. The Local Government shall be responsible for all costs associated with additional
adjustment, removal, or relocation during the construction of the project, unless this work is provided by the
owners of the utility facilities per agreement or per all applicable statutes or rules.
ARTICLE B. SIGNAGE
A. A sign may be erected at the project site that announces participation in the program. The sign shall be four
feet by four feet and shall conform to the current Texas Manual on Uniform Traffic Control Devices. The Local
Government must maintain the sign for the duration of the project and pay for all associated costs.
B. All signs shall be approved by the State before installation.
C. This agreement does not give the Local Government any right to display or permit any other party to display
literature, memorabilia, artifacts, or anything else in or around the landscape project, with the exception of the
project itself. The Local Government shall follow all current TxDOT rules, polices, procedures, and regulations,
which may be modified by the State at any time without notice.
Landscape—Landscape_Govt Page 2 of 7 Rev. 08/21/07
ARTICLE 10. TERMINATION
A. This agreement may be terminated by: mutual written agreement and consent of both parties; the State upon
the Local Government's violation of contract terms or failure to fulfill the obligations of this agreement; or the
State if it determines that the performance of the project is not in the best interest of the State.
B. If the Local Government fails to maintain the project in accordance with Attachment C, Maintenance Schedule,
the project shall be subject to removal at the State's discretion and at the Local Government's expense.
C. If the project is not installed within one year of the date of execution of this agreement, this agreement shall be
terminated.
In the event the Project is not completed, the State shall seek reimbursement from the Local Government for repairs
to the State Property, for removal of debris or any other necessary restoration work as a result of the project. The
State shall bill the Local Government at cost and the Local Government shall make full and complete payment to the
State within thirty (30) days from receipt of State's written notification.
ARTICLE 11. NOTICES
All notices to either party by the other required under this agreement shall be delivered personally or sent by
certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent
permitted by law but only after a separate written consent of the parties), addressed to such party at the following
addresses:
Local Government:
State:
Kyle Haves, City Manager
JCity
Mail To:
District Engineer
Texas Department of Transportation
Deliver To:
District Engineer
Texas Department of Transportation
of Beaumont
801 Main
Beaumont, TX 77701
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided
herein. Either party may change the above address by sending written notice of the change to the other party.
Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such
request shall be honored and carried out by the other party.
ARTICLE 12. SOLE AGREEMENT
In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between
the Local Government and the State, the latest agreement shall take precedence over the other agreements in
matters related to the Project.
ARTICLE 13. AMENDMENTS
By mutual written consent of the parties, this contract may be amended prior to its expiration.
ARTICLE 14. EMPLOYEES NOT TO BENEFIT
Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation shall
not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do
business with the State under this contract. The only exceptions allowed are ordinary business lunches and items
that have received the advance written approval of the Executive Director of the Texas Department of
Transportation.
ARTICLE 15. DISPUTES
In the event of disputes as to obligations under the agreement, the State's decision shall otherwise be final and
binding.
ARTICLE 16. ORDER OF DOCUMENT PRECEDENCE
In the event of any conflict among the elements of this agreement, they should prevail in this order
A. This Agreement,
B. Attachment A, Landscape Plan,
C. The current edition of the Design Division's Landscape Partnership Program Guidelines,
D. Attachment B, Work Responsibilities,
E. Attachment C, Project Work Schedule.
ARTICLE '17. CONFIDENTIALITY
Landscape—Landscape_Govt Page 3 of 7 Rev. 08/21/07
The Local Government shall not disclose information obtained from the State under this contract without the express
written consent of the State.
ARTICLE 18. ASSIGNMENTS OR SUBCONTRACTS
The Local Government shall not assign or otherwise transfer their obligations under this agreement except with prior
written consent of TxDOT. Subcontracts in excess of $25,000 shall contain all applicable terms and conditions of
this contract. A copy of the subcontract must be sent to TxDOT immediately following execution.
ARTICLE 19. INDEMNIFICIATION
A. Errors, Omissions, Negligent Acts. To the extent permitted by law, the Local Government shall indemnify and
save harmless the State and its officers and employees from all claims and liability due to activities of itself, its
agents, or employees, which are performed under this contract and which are caused by or result from error,
omission, or act of the Local Government, its agent, or any person employed by the Local Government.
B. Attorney Fees. The Local Government shall also indemnify and save harmless the State from any and all
expense, including, but not limited to, attorney fees, which may be incurred by the State in litigation or otherwise
resisting a claim or liabilities that may be imposed on the State as a result of error, omission, or act of the Local
Government, its agents, or its employees.
ARTICLE 20. COMPLIANCE WITH LAWS
The Local Government performance shall be in compliance with all federal, state, and local laws, ordinances, and
regulations including but not limited to:
♦ the Endangered Species Act of 1973, 16 USC Section 1531 et seq., and the regulations there as
amended;
♦ TxDOT erosion and sedimentation control standards and TxDOT Vegetation and Management
Standards, which may in any way regulate or control the activity; and
♦ all state and federal environmental laws and any conditions required by the State to protect the
environment.
ARTICLE 21. STATE AUDITOR
The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the
contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or
indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under
the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with access to any information
the state auditor considers relevant to the investigation or audit.
ARTICLE 22. INSURANCE
If the Local Government or its subcontractors shall perform work on the State's right of way, the Local Government
or its subcontractors shall maintain insurance on file with the Contract Services Section of the Office of General
Counsel of the Texas Department of Transportation in the amount specified on Texas Department of Transportation
Form 20.102 or Form 1560, Certificate of Insurance, as required by the State. No other proof of insurance is
acceptable to the State. The Local Government or its subcontractors certifies that it shall keep current insurance on
file with that office for the duration of the contract period. If insurance lapses during the contract period, the Local
Government or its subcontractors must stop work until a new certificate of insurance is provided.
Landscape—Landscape_Govt Page 4 of 7 Rev. 08/21/07
ARTICLE 23. SIGNATORY WARRANTY
The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the
party they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and
effect of activating and/or carving out the orders, established policies or work programs heretofore approved and
authorized by the Texas Transportation Commission.
=4
Mark A. Marek, Director of Design Division
Date
THE LOCAL GOVERNMENT
Name of the Local Government City of Beaumont. Texas
By
Date
Typed or Printed Name and Title Kyle Hayes, City Manager
Attachments
A. Landscape Plan
B. Work Responsibilities
C. Project Work Schedule
Landscape—Landscape_Govt Page 5 of 7 Rev. 08/21/07
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Attachment B
Work Responsibilities
A. The Local Government (City of Beaumont) agrees to:
1. Perform all work necessary to remove sealcoat and install plantings as
outlined in Attachment A.
2. The City will provide, erect, and maintain to the satisfaction of the State
any barricades, signs, and traffic handling devices necessary to protect the
safety of the traveling public while performing any work on the project.
3. All aspects of the project shall be carried out in compliance with
applicable federal and state laws and regulations. The project shall be
designed in accordance with Attachment A and with TxDOT's latest
policies, procedures, standards, and guidelines. The Local Government
shall all construction work
4. Furnish the State any revisions or modifications mutually agreed upon
between the Local Government and the State.
5. Furnish all labor, equipment, materials, and incidentals to provide for
maintenance activities.
6. Maintenance and upkeep for the life of the project.
B. The State (TxDOT) agrees to:
1. Allow the Local Government to utilize the right-of-way for all aspects of
the Project described in this agreement.
2. Review all plans affecting the TxDOT right-of-way.
Attachment C
Work Schedule
The Local Government (City of Beaumont) agrees to the following work schedule:
January -March, 2009: Removal of sealcoat and preparation for planting as
outlined in Attachment A
February -April, 2009 Installation of trees and turf at areas outlined in
Attachment A and installation of stamped concrete
in medians
January, 2009 -life of project Maintenance of these planting areas as outlined in
Agreement and Attachment A
11ICH WITH OPPORTUNITY
BEA,[1140N*
T• E• R• 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
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with DCP Midstream, LP.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with DCP Midstream, LP.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with DCP Midstream, LP, that will expire December 31, 2008.
The new contract will be effective January 1, 2009. The in -lieu of tax payment will be based on a
ratio of 80% of property taxes due to the City as if the industry were located within the city limits
in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The
2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate
effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to
the City by February I ' of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for DCP Midstream, LP is $58,500 of the $15,782,000 of
industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with DCP Midstream, LP. The contract is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and DCP
Midstream, LP, its parent, subsidiaries and affiliates, hereinafter called "COMPANY."
DDU A It A13Y 1J
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAAGENDA\AGENDA ITEM MEMOS\DCP Midstream (DA02009 - Final.doc
1
EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009 and
calculated as follows:
S:\AGENDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
2
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's properties,
real, personal and mixed, having taxable situs within the areas described in this agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2010 — 2011 payments shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt
SAAGE'NDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
3
of said City acknowledging full, timely, final and complete payment due by said Company to
City for the property involved in this Agreement for the year in which such payment is made. If
payment is not made on or before any due date, the same penalties, interest, attorneys' fees and
costs of collection shall be recoverable by the City as would be collectible in the case of
delinquent ad valorem taxes. Further, if payment is not timely made, all payments which
otherwise would have been paid to the City had Company been in the City limits of City will be
recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on the records of the Jefferson County Appraisal District
which are within the extra -territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
S:\AGENDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
4
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
SAAGENDA\AGENDA [TEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
5
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs. The City will also provide police protection if called
upon by the Jefferson County Sheriff's Department for assistance.
ARTTCLF TV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
SAAGENDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
6
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager DCP Midstream, LP.
City of Beaumont Property Tax Division
801 Main 5718 Westheimer, Suite 1900
Beaumont, Texas 77704 Houston, Texas 77057
Fax: (409) 880-3132 Fax: (713) 735-3134
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
SAAGENDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
7
IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of , 2008.
CITY OF BEAUMONT, TEXAS
I=
ATTEST:
Tina Broussard
City Clerk
Kyle Hayes
City Manager
DCP MIDSTREAM, LP
R. Gregg West
Property Tax Director
ATTEST:
SAAGENDA\AGENDA ITEM MEMOS\DCP Midstream (Duke)2009 - Final.doc
c
RICH WITH OPPORTUNITY
BEA,IIMON*
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
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Slamback Partners.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with Slamback Partners.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with Slamback Partners that will expire December 31, 2008.
The new contract will be effective January 1, 2009. The in -lieu of tax payment will be based on a
ratio of 80% of property taxes due to the City as if the industry were located within the city limits
in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The
2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate
effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to
the City by February I' of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for Slamback Partners is $2,400 of the $15,782,000 of industrial
payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is .hereby authorized to execute an Industrial District
Contract with Slamback Partners. The contract is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are the City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "City," and Slamback
Partners, hereinafter called "Company."
PREAMBLE
WHEREAS, the City has established an industrial district comprising a certain part of the
extraterritorial jurisdiction of the City, such industrial district being known as the City of
Beaumont Industrial District.
WHEREAS, Company owns land and/or improvements within the City of Beaumont
Industrial District which are a part of the manufacturing, industrial, and refining facilities of said
Company.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City by reason of being located immediately adjacent to said City and benefits derived
by the Company by reason of being located within the Industrial District.
In view of the above and foregoing reasons and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Agreement, the Company will pay the City a certain sum which will be
computed on the assessed value of the Company's facilities and property, real, personal, and
mixed located on Company's land covered by this Agreement (herein "the properties").
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for ad valorem tax purposes.
3. The term "Assumed City Taxes Due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009.
The 2009 payment is calculated as follows:
SAAGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.d1c
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment
Each October thereafter, the Chief Financial Officer of the City shall obtain the current
Assessed Values set by the Jefferson County Appraisal District for the Company's Properties
having taxable situs within the areas described in this Agreement. For example, in October,
2008, the 2008 assessed values shall be used in calculating the payment due February 1, 2009.
If the Assessed Values of the Properties for a tax year are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified Assessed Values of the Properties by the Jefferson County Appraisal District.
The Company shall notify the City following resolution of the Assessed Value question and an
adjustment for the payment, without interest, will be made within thirty (30) days following such
resolution.
(b) After the Assessed Value of the Company's Properties has been determined, the
annual payment due shall be calculated in accordance with the following schedule:
The 2009 annual payment shall be eighty percent (80%) of Assumed City Taxes
Due. The 2010 and 2011 annual payments shall be 80% of Assumed City Taxes Due, except
such payment shall not exceed or be less than the previous year's payment by more than ten
percent (10%).
SA\AGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.1c
The 2012 through 2015 annual payments shall be seventy-five percent (75%) of Assumed
City Taxes Due, except such payment shall not exceed or be less than the previous year's
payment by more than seven percent (7%).
(c) City hereby agrees to bill Company for annual payments due hereunder on or
before January 1 each year. Company shall pay such amount to City on or before February 1
each year. Upon receiving the annual payment due, the Chief Financial Officer of the City shall
issue an official receipt of said City acknowledging full, timely, final and complete payment due
by said Company to City for the Properties involved in this Agreement for the year for which
such payment is made. If payment is not made on or before any due date, the same penalties,
interest, attorneys' fees and costs of collection shall be recoverable by the City as would be
collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all
payments which otherwise would have been paid to the City had Company been in the city limits
of City will be recaptured and paid to the City within sixty (60) days of any such event.
ARTICT.F TT
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property, more particularly described in Exhibit "A" hereto, which are within
the extraterritorial jurisdiction of the City of Beaumont.
SA\AGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.¢4c
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's property, including
facilities, to any person or entity, if the value of such property substantially affects the current
assessed value of the property as set forth by the Jefferson County Appraisal District. As to
payments due under this Agreement, no such sale shall reduce the amount due the City under this
Agreement until the purchaser of such property has entered into an agreement in lieu of taxes
with the City that provides for a continuation of payments to City as if no such sale had been
made. It is the intent of the parties that no sale of any of Company's properties will affect the
amount to be paid to City under this Agreement.
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the Agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
SAAGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.G9c
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all costs of such action being borne equally by the City and by the said Company or
Companies.
2. The City further agrees that during the term of this Agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this Agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's properties
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs.
SAAGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.49c
ARTICLE V
TERMINATION OR BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company may enjoin the enactment or enforcement of any ordinance or charter amendment in
violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable
relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is
further agreed that should this Agreement be breached by Company, the City shall be entitled, in
addition to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE VI
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to Company's
"affiliates" and to any properties owned or acquired by said affiliates within the area described in
Exhibit "A" to this Agreement and, where reference is made herein to the Properties owned by
Company, that shall also include land, property and improvements owned by its affiliates. The
word "affiliates" as used herein shall mean all companies with respect to which Company
directly or indirectly, through one or more intermediaries at the time in question, owns or has the
power to exercise the control over fifty percent (50%) or more of the stock having the right to
vote for the election of directors.
SAAGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.dpc
ARTICLE VII
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009
and ending on December 31, 2015.
ARTICLE VIII
NOTICES
Any notice provided for in this Agreement, or which may otherwise be required by law,
shall be given in writing to the parties hereto by certified mail addressed as follows:
TO CITY: TO COMPANY:
City Manager
Slamback Partners
City of Beaumont
c/o Hal Bean
801 Main Street
P. O. Box 430
P. O. Box 3827
Beaumont, Texas 77704-0430
Beaumont, Texas 77704
A R TTf T .F TX
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
S:\AGENDA\AGENDA ITEM MEMOS\Slamback Industrial ContractIpc
IN WITNESS THEREOF, this Agreement, consisting of 9 pages, is executed in duplicate
counterparts as of this day of , 2008.
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
ATTEST:
SAAGENDA\AGENDA ITEM MEMOS\Slamback Industrial Contract.'�c
�c
RICH WITH OPPORTUNITY
111'CmA,111�1011 �
T• E - X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works j_PC
December 23, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, water and sanitary sewer improvements in Regent I,
Hope VI Subdivision.
RECOMMENDATION
Administration recommends approval of the following:
• Regent St. from existing Gulf St. approximately 1400 feet west to the end of the
cul-de-sac.
• Jirou St. from existing Delaware St. approximately 1200 feet south to proposed
Maime St.
• Maime St. from proposed Jirou St. approximately 1000 feet west to the end of the
cul-de-sac.
• Averill St. from proposed Maime St. approximately 400 feet north to proposed
Regent St.
Also, recommended for approval are the water and sanitary sewer improvements for Regent I,
Hope VI subdivision.
BACKGROUND
The aforementioned improvements in the subdivision substantially passed final inspection from
all entities involved on December 17`h 2008.
BUDGETARY IMPACT
None.
VICINITY MAP,
NTS
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, and sanitary sewer
improvements constructed in Regent I, Hope VI Subdivision, have been completed as
follows:
Street. Storm Sewer
• Regent St. from existing Gulf St. approximately 1400 feet west to the
end of the cul-de-sac..
• Jirou St. from existing Delaware St. approximately 1200 feet south to
proposed Maime St.
• Maime St. from proposed Jirou St. approximately 1000 feet west to
the end of the cul-de-sac.
• Averill St. from proposed Maime St. approximately 400 feet north to
proposed Regent St.
Water and Sanitary Sewer Improvements
• Regent I, Hope VI Subdivision
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department has
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above -referenced street, storm sewer, water and sanitary sewer improvements
in Regent I, Hope VI Subdivision, with the exception of streetlights, are hereby accepted
by the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
BEA,UIION*
T• E• S• A• S
REGULAR MEETING OF THE CITY COUNCIL.
COUNCIL CHAMBERS DECEMBER 23, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 5-14/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a request for a specific use permit to allow pre -owned auto sales in an
NSC (Neighborhood Shopping Center) District and GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at W. Lucas at Arthur
2. Consider a request for a specific use permit to allow church parking in an RS
(Residential Single Family Dwelling) District at 1135 Chamberlin
3. Consider a request for a specific use permit to allow a church and community
outreach center in an RS (Residential Single Family Dwelling) District at the
northwest corner of Broussard Road and Best Drive
4. Consider a request for an amended specific use permit to allow for the expansion
of a medical building in a GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District at the northeast comer of Folsom and Pointe' Parkway
Consider authorizing the City Manager to execute a contract for an Ammonia
System Addition at the Loeb Water Plant
6. Consider authorizing the City Manager to increase the Surface Water Treatment
Plant Improvements Phase I Project for "extra work"
7. Consider approving the purchase of air-cooled chillers for use at various city
facilities
8. Consider granting a new solid waste collection and transportation service franchise
9. Consider authorizing the City Manager to execute an Industrial District Contract
with Arkema, Inc.
10. Consider authorizing the City Manager to execute an Industrial District Contract
with Lucite International, Inc.
11. Consider authorizing the City Manager to execute an Industrial District Contract
with Martin Operating Partnership, LP
12. Consider authorizing the City Manager to execute an Industrial District Contract
with Centana Intrastate Pipeline, LLC
13. Consider approving the renewal of an annual maintenance agreement for software
support
14. Consider approving an amendment to the Management and Concession Agreement
with the Beaumont Yacht Club
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:
Tina Lewallen vs. the City of Beaumont
Linda Thomas vs. the City of Beaumont and John Savoy
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
i
December 23, 2008
Consider a request for a specific use permit to allow pre -owned auto sales in an NSC
(Neighborhood Shopping Center) District and GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District at W. Lucas at Arthur
RICH WITH OPPORTUNITY
r
CAi 11 1�1 U1 11!0(
T E• X• A - S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C)\5
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE:
December 23, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow pre -owned auto sales in an NSC (Neighborhood
Shopping Center) District and GC -MD -2 (General
Commercial -Multiple Family Dwelling -2) District at W.
Lucas at Arthur.
RECOMMENDATION
The Administration recommends approval of the request.
BACKGROUND
Tony and Dana Archibald have applied for the specific use permit.
Mr. and Mrs Archibald state that the majority of the activity will occur on Lots 9-11 of Block 35.
There will be no more than six cars in inventory at any one time. The office for the pre -owned
car sales will be located in the existing office for the West End Storage facility. The cars will be
placed in the display area during the day. At night, the cars will be moved behind the fence that
surrounds the storage facility. The display area will be located between the existing car wash and
the storage facility.
In July, 2005, City Council approved a zone change from NSC to GC -MD -2 for the property
where the storage facility is located.
At a Joint Public Hearing held December 15, 2008, the Planning Commission recommended
approval 6:0 of a specific use permit to allow pre -owned auto sales in an NSC (Neighborhood
Shopping Center) District and GC -MD -2 (General Commercial -Multiple Family Dwelling -2)
District at W. Lucas at Arthur.
BUDGETARYIMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW PRE -OWNED AUTO SALES IN AN NSC
(NEIGHBORHOOD SHOPPING CENTER) DISTRICT AND
GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING) DISTRICT FOR PROPERTY LOCATED AT W.
LUCAS AT ARTHUR IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Tony and Dana Archibald to allow pre -owned auto sales in an NSC
(Neighborhood Shopping Center) District and GC -MD (General Commercial -Multiple
Family Dwelling) District for property located at W. Lucas and Arthur, being all of Lots 1,
2, 13 and 14, Lot 3, Tr. 3 and Lots 7-12, Tr. 1 Block 35, Highlands Addition, City of
Beaumont, Jefferson County, Texas, containing 1.4 acres, more or less, as shown on
Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens:
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow pre -owned auto sales in an NSC (Neighborhood
Shopping Center) District and GC -MD (General Commercial -Multiple Family Dwelling)
District for property located at W. Lucas and Arthur, being all of Lots 1, 2, 13 and 14, Lot
3, Tr. 3 and Lots 7-12, Tr. 1 Block 35, Highlands Addition, City of Beaumont, Jefferson
County, Texas, containing 1.4 acres, more or less, as shown on Exhibit "A" attached
hereto and made a part hereof for all purposes, is hereby granted to Tony and Dana
Archibald, their legal representatives, successors and assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the properly herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day
of December, 2008.
- Mayor Becky Ames -
1971-P: Request for a specific use permit to allow pre -owned auto sales in an NSC
ighborhood Shopping Center) District and GC -MD -2 (General Commercial -Multiple
lily Dwelling -2) District
ation: W. Lucas at Arthur
Tony and Dana Archibald 0 100 200
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EXHIBIT "B"
2
December 23, 2008
Consider a request for a specific use permit to allow church parking in an RS (Residential Single
Family Dwelling) District at 1135 Chamberlin
RICH WITH OPPORTUNITY
11 I'L"Ai
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T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
6))')
Chris Boone, Community Development Director
December 23, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow church parking in an RS (Residential Single Family
Dwelling) District at 1135 Chamberlin.
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
1. The parking lot must be in compliance with the City's drainage requirements.
2. The driveway and parking lot must meet with the Traffic Engineering Division's
approval.
3. A six foot wide landscape strip must be installed along the street frontage of the
new parking lot.
BACKGROUND
Pastor Carl Vickery, representing Calvary Tabernacle Ministries, has applied for the specific use
permit.
Pastor Vickery states that the church has been at this location for more than twenty years. Because
of recent growth, the church is in dire need of additional parking. In May, 2008, the church bought
the subject property so that it could add more parking spaces. The proposed 47'x 95'4" parking lot
will accommodate an additional seven parking spaces.
At a Joint Public Hearing held December 15, 2008, the Planning Commission recommended
approval 6:0 of a specific use permit to allow church parking in an RS (Residential Single Family
Dwelling) District at 1135 Chamberlin, subject to the following conditions:
1. The parking lot must be in compliance with the City's drainage requirements.
2. The driveway and parking lot must meet with the Traffic Engineering Division's
approval.
3. A six foot wide landscape strip must be installed along the street frontage of the
new parking lot.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW CHURCH PARKING IN AN RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR
PROPERTY LOCATED AT 1135 CHAMBERLIN IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Calvary Tabernacle Ministries to allow church parking in an RS (Residential
Single Family Dwelling) District for property located at 1135 Chamberlin, being Lot 14,
Block 5, Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing
0.75 acres, more or less as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens subject to the
hereinafter described conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow church parking in an RS (Residential Single
Family Dwelling) District for property located at 1135 Chamberlin, being Lot 14, Block 5,
Caldwood Acres Addition, City of Beaumont, Jefferson County, Texas, containing 0.75
acres, more or less as shown on Exhibit "A" attached hereto and made a part hereof for
all purposes, is hereby granted to Calvary Tabernacle Ministries, its legal representatives,
successors and assigns subject to the following conditions:
• The parking lot must be in compliance with the City's drainage
requirements.
• The driveway and parking lot must meet with the Traffic Engineering
Division's approval.
• A six foot wide landscape strip must be installed along the street
frontage of the new parking lot.
• Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
1972-P: Request for a specific use permit to allow church parking in an RS
idential Single Family Dwelling) District.
ition:1135 Chamberlin
Calvary Tabernacle Ministries .
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EXHIBIT "C"
3
December 23, 2008
Consider a request for a specific use permit to allow a church and community outreach center in
an RS (Residential Single Family Dwelling) District at the northwest corner of Broussard Road
and Best Drive
RIGH WITH OPPORTUNITY
11 I'L A
► �
T - E• X• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
C's 6
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: December 23, 2008
REQUESTED ACTION: Council consider a request for a specific use permit to
allow a church and community outreach center in an RS
(Residential Single Family Dwelling) District at the
northwest corner of Broussard Road and Best Drive.
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
1. The site plan must comply with City drainage requirements.
2. Off-street parking lot and driveway dimensions and number of off-street parking
spaces must comply with City standards.
3. The parking lot must meet the City landscaping requirements both within the
interior of the parking lot and along all street frontages.
4. A sidewalk will be required along Broussard Road.
5. An 8' fence and 10' wide landscape strip will be required along the north and west
property lines.
BACKGROUND
Pastors Henry and Tquita Brown, representing Colossians Christian Center Church, have applied
for the specific use permit.
Pastors Brown state that the church will serve the community through a variety of ministries. In
addition to two Sunday services, the church will provide a variety of activities throughout the
week.
The initial phase of construction will consist of a 9,500 sq. ft. sanctuary and the necessary
parking. A future phase will consist of a 6,719 sq. ft. community fitness and outreach center and
related parking. The church will accommodate a maximum attendance of 500.
The City's Engineering, Traffic, Planning Divisions have reviewed the request. All three
divisions have approved subject to City's drainage, parking lot, driveway and landscaping
standards.
At a Joint Public Hearing held December 15, 2008, the Planning Commission recommended
approval 6:0 of a specific use permit to allow a church and a community outreach center in an RS
(Residential Single Family Dwelling) District at the northwest corner of Broussard Road and Best
Drive, subject to the following conditions:
1. The site plan must comply with City drainage requirements.
2. Off-street parking lot and driveway dimensions and number of off-street parking
spaces must comply with City standards.
3. The parking lot must meet the City landscaping requirements both within the interior
of the parking lot and along all street frontages.
4. A sidewalk will be required along Broussard Road.
5. An 8' fence and 10' wide landscape strip will be required along the north and west
property lines.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHURCH AND COMMUNITY
OUTREACH CENTER IN AN RS (RESIDENTIAL SINGLE
FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED
AT THE NORTHWEST CORNER OF BROUSSARD ROAD
AND BEST DRIVE IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific use
permit to Colossians Christian Center Church to allow a church and community outreach
center in an RS (Residential Single Family Dwelling) District for property located at the
northwest corner of Broussard Road and Best Drive, being Tracts 186 and 186A, Plat RS5,
D. Easley Survey, Abst. 20, City of Beaumont, Jefferson County, Texas, containing 5.415
acres, more or less as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens subject to the
hereinafter described conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a church and community outreach center in an
RS (Residential Single Family Dwelling) District for property located at the northwest corner
of Broussard Road and Best Drive, being Tracts 186 and 186A, Plat RS5, D. Easley
Survey, Abst. 20, City of Beaumont, Jefferson County, Texas, containing 5.415 acres,
more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all
purposes, is hereby granted to Colossians Christian Center Church, its legal
representatives, successors and assigns subject to the following conditions:
• The site plan must comply with City drainage requirements.
• Off-street parking lot and driveway dimensions and number of off-
street parking spaces must comply with City standards.
• The parking lot must meet the City landscaping requirements both
within the interior of the parking lot and along all street frontages.
• A sidewalk will be required along Broussard Road.
• An 8' fence and 10' wide landscape strip will be required along the
north and west property lines.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
1970-P: Request for a specific use permit to allow a church and a community outreach
!r in an RS (Residential Single Family Dwelling) District.
tion: Northwest corner of Best and Broussard
Pastor Henry F. Brown, Jr. for Colossians Christian Center Church
0 100 200
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December 23, 2008
Consider a request for an amended specific use permit to allow for the expansion of a medical
building in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at the
northeast comer of Folsom and Pointe' Parkway
RICH WITH OPPORTUNITY
11 17C A
. �
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
C50
Chris Boone, Community Development Director
December 23, 2008
REQUESTED ACTION: Council consider a request for an amended specific use
permit to allow for the expansion of a medical building in a
GC -MD -2 (General Commercial -Multiple Family
Dwelling -2) District at the northeast corner of Folsom and
Pointe' Parkway.
RECOMMENDATION
The Administration recommends approval of the request subject to the following conditions:
1. Drainage of the project must comply with the City's drainage requirements.
2. The driveways and parking lots must comply with the City's driveway and
parking lot standards.
3. The perimeter and interior of the parking lots must meet the City's landscaping
requirements.
4. Provide an 8' tall wood screening fence along the north end of the subject
property.
5. Sidewalks will be required along Folsom and Pointe' Parkway.
and with a waiver of the 10' wide landscape strip along the north property line.
BACKGROUND
Clifton Thomason has applied for the amended specific use permit.
In June, 2008, a specific use permit was approved for a 25,400 sq. ft. medical office building. It
is now the desire of the developer to add 3,373 sq. ft. of building space for a total size of 28,773
sq. ft. The developer has potential commitments for the additional space.
At a Joint Public Hearing held December 15, 2008, the Planning Commission recommended
approval 6:0 of an amended specific use permit to allow for the expansion of a medical building
in a GC -MD -2 (General Commercial -Multiple Family Dwelling -2) District at the northeast
corner of Folsom and Pointe' Parkway subject to the following conditions:
1. Drainage of the project must comply with the City's drainage requirements.
2. The driveways and parking lots must comply with the City's driveway and
parking lot standards.
3. The perimeter and interior of the parking lots must meet the City's landscaping
requirements.
4. Provide an 8' tall wood screening fence along the north end of the subject
property.
5. Sidewalks will be required along Folsom and Pointe' Parkway.
and with a waiver of the 10' wide landscape strip along the north property line
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING AN AMENDED
SPECIFIC USE PERMIT TO CLIFTON THOMASON TO
ALLOW FORTHE EXPANSION OFA MEDICAL BUILDING IN
A GC -MD -2 (GENERAL COMMERCIAL -MULTIPLE FAMILY
DWELLING -2) DISTRICT AT THE NORTHEAST CORNER OF
FOLSOM AND POINTE PARKWAY IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on June 24, 2008, City Council approved Ordinance No. 08-051 issuing
a Specific Use Permit to Camidyn Real Estate to allow a medical office in a GC -MD -2
(General Commercial -Multiple Family Dwelling -2) District for property located at the
northeast corner of Folsom Drive and Pointe Parkway in the City of Beaumont, Jefferson
County, Texas; and,
WHEREAS, the applicant, Clifton Thomason, on behalf of the owner, Juansrich,
Ltd., wishes to further expand the medical building located at the northeast corner of
Folsom and Pointe Parkway, as described in Exhibit "A" and shown on Exhibit "B" attached
hereto and made a part hereof for all purposes; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request to amend the Specific Use Permit to allow expansion of the medical
building located at the northeast corner of Folsom and Pointe Parkway; and,
WHEREAS, the City Council is of the opinion that the amendment of such specific
use permit is in the best interest of the City of Beaumont and its citizens, subject to the
hereinafter described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
THAT Ordinance 08-051 be amendedby amending the Specific Use Permit to allow
expansion of a medical building located at the northeast corner of Folsom and Pointe
Parkway is hereby granted to Juansrich, Ltd., its legal representatives, successors, and
assigns for that certain tract shown on Exhibit "B" attached hereto and made a part hereof
for all purposes subject to the following conditions:
• Drainage of the project must comply with the City's drainage
requirements;
• The driveways and parking lots must comply with the City's driveway and
parking lot standards;
• The perimeter and interior of the parking lots must meet the City's
landscaping requirements;
• Provide an 8' tall wood screening fence along the north end of the subject
property;
• Sidewalks will be required along Folsom and Pointe' Parkway;
and with a waiver of the 10' wide landscape strip along the north property line.
Section 2.
Notwithstanding the site plan attached hereto as Exhibit "C," the use of the property
herein above described shall be in all other respects subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as
well as comply with any and all federal, state and local statutes, regulations or ordinances
which may apply. as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
BEING a 2.2621 acre (98,537.26 sq ft) tract or parcel of land located in the Wesley
Dikes Survey, Abstract No. 17, Jefferson County, Texas, Titled October 16, 1835,
Patent 1185 Volume 23 in the General Land Office,(aka the W.B. Dyches Survey, Abstract
No. 17) and being out of and a part of that called 200.686 acre tract conveyed to LaTex
Investors, L.P, of record in Clerks File No. 2000021770 of the Official Public Records of
Jefferson County, Texas, said 2.2621 acres being more particularly described by metes and
bounds as follows:
COMMENCING at a Jefferson County Drainage District No.6 (DD6) Iron Rod with
aluminum disc found in the North Right -Of -Way Line of Folsom Drive (100' R.O.W.) for
the southwest corner of that called 300 acre tract conveyed as Tract 1 to the Jefferson
County Drainage District No.6 of record in Film Code No. 104-01-0353 of the Real
Property Records of Jefferson County, Texas, the southeast corner of the said 200.686 acre
tract, and the southeast corner of that called 3.5813 acre tract conveyed to Dunleith Partners,
- Ltd of record in Clerks File No. 2001021999 of the Official Public Records of Jefferson
County, Texas;
THENCE S 87001'05" W(Basis of Bearing) along the said North R.O.W. Line of
Folsom Drive and the South Line of the said 3.5813 acre tract, the South Line of the said
200.686 acre tract, and the South Line of that called 2.296 acre tract conveyed to Beaumont
Family Practice Associates P A of record in Clerks File No.2002025586 of the Official
Public Records of Jefferson County, Texas, for a distance 700.04 feet to a %Z" capped
Iron Rod found for the southwest corner of the said 2.296 acre tract and the southeast
corner and POINT OF BEGINNING of the herein described tract;
THENCE S 87001'05" W continuing along the said north R.O.W Line of Folsom Drive,
the South Line of the 200.686 acre tract, and the South Line of the herein described tract for
a distance of 200.00 feet to a %Z" capped Rod set for the southeast corner of the herein
described tract at the intersection of the said North R.O.W. Line of Folsom Drive and the
East R.O.W Line of Pointe Parkway (called 80' R.O.W.) as described in Plat of Highlands.
Pointe' of record in Clerks File No.2006050552 of the Official Public Records of Jefferson
County, Texas;
THENCE N 030 01' 43" W along the West Line of the herein described tract and the East
R.O.W. Line of Pointe Parkway for a distance of 304.01 feet to a %2" capped Iron Rod
set for the Point of Curvature (PC) of a curve to the right;
THENCE continuing along said East R.O.W. Line of Pointe Parkway and the West
Line of the herein described tract with said curve to the right, having a Radius of
330.53 feet, a Delta Angle of 40° 47'43", a Chord Distance of 230.40 feet, a Chord Bearing
of N 17° 22'08" E, a distance along the Arc 235.34 feet to.a %Z" capped Iron Rod Set
for the northwest corner of the herein described tract and the southwest corner of that called
Tract H-2 of said Highlands Pointe';
EXHIBIT "A"
THENCE N 870 01' 05" E along the North Line of the Herein described tract and the
South Line of said Tract H-2 for a distance of 119.67 feet to a %Z" capped Iron Rod set
for the northeast corner of the herein described tract and the northwest corner of that called
2.4798 acre tract conveyed to Beaumont Family Practice Associates P A of record in Clerks
File No. 2004033555 of the Official Public Records of Jefferson County, Texas;
THENCE S 030 01 ` 43" W along the West Line of the said 2.4798 acre tract and the East
Line of the herein described tract for a distance of 520.03 feet to the POINT AND
PLACE OF BEGINNING and containing 2.2621 acres (98,537.26 sq ft) of land, more or
less
L973 -P: Request for an_amended specific use permit to allow the for expansion of a
cal building in a GC -MD -2 (General Commercial -Multiple Family Dwelling) District.
tion: Northeast corner of Folsom and Pointe' Parkway
icant: Clifton Thomason
0 100 200
1 1 1 I Feet
EXHIBIT "B"
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December 23, 2008
Consider authorizing the City Manager to execute a contract for an Ammonia System Addition at
the Loeb Water Plant
RICH WITH OPPORTUNITY
[IEA,111�1011T
T- E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, Water Utilities Director 0
December 23, 2008
Council approval of a resolution authorizing the City
Manager to execute a contract for the Proposed Ammonia
System Addition for Loeb Water Plant Project.
Administration recommends approval of a contract with Placo, Ltd., Lumberton, Texas, in the
amount of $488,907.51 for the Proposed Ammonia System Addition for Loeb Water Plant
Project. This project shall provide for furnishing and installing a new Ammonia Chemical Feed
system at the existing Loeb Water Plant Site. The project includes replacement of two (2)
existing flowmeters on the High Service Pump Discharge to the distribution system and new
chemical monitoring equipment.
The MBE participation will be met with Gulf Coast Electric Company. The amount of the
subcontract is for $126,180 which represents 25.81 percent of the total bid.
BACKGROUND
The City owns three (3) ground water wells located in Lumberton, Texas. The wells pump raw
water into two (2) five million gallon ground storage tanks. The ground water is disinfected prior
to entering the two ground storage tanks by chlorine solution injection to provide free chlorine
residual. The treated water is then pumped into the distribution system for customer
consumption. The addition of ammonia with chlorine will provide disinfection using
chloramines. The treatment process at the existing Water Treatment Plant, located on Pine Street,
is currently using chloramines. Where the well and surface water meet, the current different
disinfection methods have the potential to create poor water quality. The addition of ammonia
will assist in maintaining high water quality at the interface of the treated water in the
distribution system. The project will improve water quality and protect public health for the
citizens of Beaumont.
This Contract is recommended for approval by the City Manager and the Water Utilities
Director.
Ammonia System Addition for Loeb Water Plant Project
December 23, 2008
Page 2 of 2
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
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:
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 contract with Placo,
Ltd., Lumberton, Texas, in the amount of $488,907.51 for the Proposed Ammonia System
Addition for Loeb Water Plant Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
71
December 23, 2008
Consider authorizing the City Manager to increase the Surface Water Treatment Plant
Improvements Phase I Project for "extra work"
RICH WITH OPPORTUNITY
11 11cm
► �
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Dr. Hani J. Tohme, Water Utilities Director 14
December 23, 2008
REQUESTED ACTION: Council approval of a resolution authorizing the City
Manager to increase the Proposed Surface Water Treatment
Plant Improvements Phase I Project for "extra work".
RECOMMENDATION
The Administration recommends approval of increasing the Proposed Surface Water Treatment
Plant Improvements Phase I Project by $239,066.95. The proposed changes to the contract will
furnish labor, equipment, and material to install a new alum tank, the removal and disposal of
deteriorated existing precast pipe supports, and furnish labor, equipment, and material to install
stainless steel pipe supports for each of the three pulsators. The proposed changes will increase
the contract time by 55 calendar days. The additional days including approved rain days increases
the total contract time to 520 calendar days. The proposed extra work will represent an increase
of 2.97% of the original contract amount.
BACKGROUND
This project is the construction phase of the improvements at the Water Treatment Plant
including renovating the pulsators, and building new chlorine and chemical feed facilities. The
pulsators were originally sedimentation basins constructed in 1948. During the 1980's, the basins
were converted into the pulsators. The project will repair the numerous cracks in the reinforced
concrete walls and floors. The existing chemical feed facility was constructed in the 1980's and is
in need of substantial renovation. Advancements in chlorine containment and usage implemented
in this project will provide a safe environment and more efficient operation. The project will
include miscellaneous mechanical and electrical improvements including a building with
provisions for two (2) 150OKW Caterpillar generators. The generators were pre -purchased by the
City due to the long lead delivery time and are scheduled for delivery in January 2009. The
changes will improve the future operation, provide emergency backup power, increase the
efficiency of the Water Treatment Plant, and help the City meet required State and Federal
regulations.
Surface Water Treatment Plant Improvements Phase I Project
December 23, 2008
Page 2 of 2
Previous actions include:
Resolution 08-137 in the amount of $8,041,191.50 was passed by City Council on May 6, 2008.
This Change Order is recommended for approval by the City Manager and the Water Utilities
Director.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
APPROVAL OF CONTRACT CHANGE
CHANGE ORDER NO.: 001
DATE: 12/12/2008
PROJECT: City of Beaumont, Texas
Surface Water Treatment Plant Improvements Phase I
BMT05253
OWNER:
CONTRACTOR:
City of Beaumont, Texas
801 Main Street
Beaumont, Texas 77704
Allco, Inc.
6720 College Street
Beaumont, Texas 77707
TO THE OWNER: Approval of the following contract change is requested.
ORIGINAL CONTRACT AMOUNT: $ 8,041,191.50
AMOUNT OF CHANGE ORDER No. 000:
REVISED CONTRACT AMOUNT PER PREVIOUSLY
APPROVED CHANGE ORDER No. 000: $ 8,041,191.50
NET CHANGE: $ -0-
Description:
Ref CMR -003 - "Install New Alum Tank" (Allco Change Order Request IA) - Attached-
Provide
ttachedProvide the 12,150 Gallon HDXLPE Vertical IMFO Tank, (12'-0" D X 16'-8" H) described in
CMR -003 to be shipped from Monroe, La.
Total cost for the work including labor and materials is: $ 39,205.00
(10 calendar days shall be added to the contract for this work.)
Ref: PCM -004 "Removal and Disposal of Precast Pipe Lateral Supports" attached.
CMR -008 "Pulsator Pipe Support" attached
Provide stainless steel pipe supports per PCM4, Option 3.
The cost for the work including labor and materials is $66, 620.65 for each of the three pulsators.
Total cost for 3 pulsators shall be: $__ 199,861.95
(15 calendar days shall be added to the contract for this work in each of three pulsators. The total days
added shall be 45 days.)
TOTAL AMOUNT OF THIS CHANGE ORDER: $ 239,066.95
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER: $ 8.280.258.45
CONTRACT TIME
Original Contract Time:
Additional Time:
Rain/wet days requested:
Total Additional Days:
Revised Contract Time:
465 Days
45 Days
55 Days
520 Days
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of , and the time
required to perform the entire work under the Contract arising directly or indirectly from this Change Order
and all previous Change Orders. Acceptance of this waiver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the
Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommennde
reese and Nichols, Inc.
Engineer
Date: 11Z —1 S— 01 8
1z -ice -vv
Approved by:
City o Beaumont
Owner
Date: 12
Accepted by:
Allco, Inc.
Contractor
RESOLUTION NO. 08-320
WHEREAS, on May 6, 2008, the City Council of the City of Beaumont, Texas,
passed Resolution No. 08-137 awarding a contract in the amount of $8,041,191.50 to
Allco, Ltd., Beaumont, Texas, for a contract for the Proposed Surface Water Treatment
Plant Improvements Phase I Project; and,
WHEREAS, Change Order No. 1 in the amount of $239,066.95 is required to furnish
labor, equipment and material to install a new alum tank, the removal and disposal of
deteriorated existing precast pipe supports, and furnish labor, equipment and material to
install stainless steel pipe supports for each of the three (3) pulsators, thereby increasing
the contract amount to $8,280,258.45.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute Change Order No. 1 in the
amount of 239,066.95, thereby increasing the contract amount to $8,280,258.45.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
December 23, 2008
Consider approving the purchase of air-cooled chillers for use at various city facilities
RICH WITH OPPORTUNITY
r City Council Agenda Item
T E - X• A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: December 23, 2008
REQUESTED ACTION: Council consider the purchase of air-cooled chillers.
RECOMMENDATION
Administration recommends the purchase of two (2) air-cooled chillers from Trane Company of
Houston in the amount of $265,643 through The Cooperative Purchasing Network.
BACKGROUND
The Cooperative Purchasing Network (TCPN) is administered by the Region 4 Education
Service Center, a government agency authorized by the Texas Education Code. The purchasing
network is available for use by public and private schools, college, cities, counties, and other
government entities. TCPN complies with all state bidding statutes and participation allows
members to purchase items or services from contracted vendors. TCPN has contracted with
Trane Company to provide heating, ventilating, and air conditioning (HVAC) products.
The air conditioning at the Police Building, Main Library, and part of the Julie Rogers Theatre is
provided by an indoor chilled water system located in the Police Building. The system is
approximately thirty (30) years old and maintenance on the system is continuous and inefficient.
This system provides air conditioning to the Police Building, Main Library and cools
approximately 60% of the Julie Rogers Theatre. The replacement system uses outdoor air-
cooled chillers and will be capable of providing air conditioning more efficiently at the Police
Building, Main Library and approximately 95% of the Julie Rogers Theatre.
Equipment delivery is expected in approximately eight (8) weeks. A local mechanical
engineering firm is designing the conversion and installation process and is preparing the
construction documents for bid.
BUDGETARY IMPACT
Funds are budgeted in the Capital Program for this project.
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) air-cooled chillers in the
amount of $265,643 from Trane Company of Houston, Texas, through The Cooperative
Purchasing Network administered by the Region 4 Education Service Center.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
r ,
U
December 23, 2008
Consider granting a new solid waste collection and transportation service franchise
RICH WITH OPPORTUNITY
BEA,UMON*
T• E• S• A• 8
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
December 23, 2008
Council consider granting a new solid waste collection and
transportation service franchise.
Administration recommends granting a solid waste collection and transportation service franchise
to Coastal Waste Disposal, Inc.
BACKGROUND
According to City Ordinance 28-22.1, 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. Five (5) entities currently have nonexclusive franchise agreements with the City and
are doing business in this area. Coastal Waste Disposal, Inc. has requested that the City Council
grant the company such franchise agreement. Coastal Waste Disposal, Inc. is locally owned and
has regional operations with one of its corporate office located at 4749 Odom Road in Beaumont.
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 franchisee. Attached, is a copy of the
franchise agreement for your review.
The second reading of this item took place at the November 25, 2008 council meeting.
BUDGETARY IMPACT
A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund.
ORDINANCE NO. 08-102
ENTITLED AN ORDINANCE GRANTING FRANCHISE FOR
SOLID WASTE COLLECTION AND TRANSPORTATION
SERVICES; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
WHEREAS, Coastal Waste Disposal, Inc. (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:
Section 1.
Grant of Authority
There is hereby granted by the City to Coastal Waste Disposal, Inc., 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 or transporting
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 reports shall be filed
monthly with the City Manager or his designee along with the street rental payment
required herein.-
1.
erein:
1. 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 underthis 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 oremployees, and Companywill 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 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:
Coastal Waste Disposal, Inc.
4749 Odom Road, Suite 101
Beaumont, Texas 77706
Notice to City is sufficient if mailed by certified mail to:
City Manager
City of Beaumont
P.O. Box 3827
Beaumont, Texas 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
18th day of November, 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this
the 25th day of November, 2008.
PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the
23rd day of December, 2008.
- Mayor Becky Ames -
ACCEPTANCE:
Coastal Waste Disposal, Inc.
ma
December 23, 2008
Consider authorizing the City Manager to execute an Industrial District Contract with Arkema,
Inc.
RICH WITH OPPORTUNITY
11EA,[1M0N*
T• E• 8• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Arkema, Inc.
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with Arkema, Inc.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with Arkema, Inc., that will expire December 31, 2008. The
new contract will be effective January 1, 2009. The in -lieu of tax payments will be based on a
ratio of 80% of property taxes due to the City as if the industry were located within the city limits
in 2009 through 2011 and 75% of property taxes due to the City in 2012 through 2015. The
2009 payment will be calculated based on 80% of the assessed value multiplied by the tax rate
effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be due to
the City by February 1 ' of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for Arkema, Inc., is $735,200, of the $15,782,000 of industrial
payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with Arkema, Inc. The contract is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Arkema, Inc.,
its parent, subsidiaries and affiliates, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc I
EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed, located
on Company's land covered by this contract as described in Article II (hereinafter called "the
properties").
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009,
The February 1, 2009 payment is calculated as follows:
SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 2
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment Due
Each October thereafter, the Chief Financial Officer shall obtain the most recent assessed
values as set by the Jefferson County Appraisal District for the Company's properties, real,
personal and mixed, having taxable situs within the areas described in this Agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment. This assessed value shall be used in the calculation of the payment.
If the assessed values for the period required are in question and/or under litigation with
the Jefferson County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and an adjustment for the payment, without
interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payment due hereunder shall be calculated in accordance with the following schedule:
The 2010 - 2011 payments shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes due.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City such amount billed on or before February 1
each year. Upon receiving the final payment, the Chief Financial Officer shall issue an official
SAAGENDMAGENDA ITEM MEMOS\Arkema 2009-Final.doc 3
receipt of said City acknowledging full, timely, final and complete payment due by said
Company to City for the property involved in this Agreement for the year in which such payment
is made. If any annual payment is not made on or before any due date, the same penalties,
interest, attorneys' fees and costs of collection shall be recoverable by the City as would be
collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely made, all
payments which otherwise would have been paid to the City had Company been in the City
limits of City will be recaptured and paid to the City within 60 days of any such event.
(d) During the prior contract period, a construction project to be done by Company
and Novus International on Company's properties was approved. Novus will lease land from
Arkema to construct its part of the proposed project. The value of Novus assets will be subject to
provisions of this Agreement. No separate agreement with Novus will be executed.
(e) In 2008, 80% of the assessed value of the project as determined by the Jefferson
County Appraisal District will be included in the Company's and Novus' assessed value for
purposes of calculating assumed city taxes due for the payment in 2009. In 2009, 100% of the
assessed value of the project as determined by the Jefferson County Appraisal District will be
included in the Company's and Novus' assessed value for purposes of calculating assumed city
taxes due for the payment in 2010.
SAAGENDA\AGENDA ITEM MEMOS�Arkema 2009-Final.doc 4
A R TW R. TT
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property more particularly described in Exhibit "A" hereto, which are within the
extra -territorial jurisdiction of the City of Beaumont.
R.'adrai7miil
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's properties to any
person or entity. It is the intent of the parties that no sale of any of Company's properties will
affect the amount to be paid to the City under this Agreement. As to payments due under this
contract, no such sale shall reduce the amount due the City under this contract until the purchaser
of such property has entered into a contract in lieu of taxes with the City that provides for a
continuation of payments to the City as if no such sale had been made.
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of Company's properties covered by this Agreement for the period of the
agreement except as follows:
(a) If the City determines that annexation of all or any part of the Company's
properties covered by this Agreement belonging to said Company is reasonably necessary to
promote and protect the general health, safety and welfare of persons residing within or adjacent
SAAGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doe 5
to the City, the City will notify Company in accordance with State law of the proposed
annexation. In the event of such annexation, Company will not be required to make further
payment under this Agreement for any calendar year commencing after such annexation with
respect to the property so annexed, but shall nevertheless be obligated to make full payment for
the year during which such annexation becomes effective if the annexation becomes effective
after January 1" of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits of the Company's properties, City shall, with the approval of Company, seek immediate
legal relief against any such attempted annexation or incorporation and shall take such other
legal steps as may be necessary or advisable under the circumstances with all cost of such action
being borne equally by the City and by the said Company or companies with the Company's
portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of the Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
SAAGENDA\AGENDA [TEM MEMOS\Arkema 2009-Final.doc 6
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property;
provided, however, City agrees to furnish fire protection to Company should such protection be
requested by Company in the event an unusual emergency situation occurs.
ARTTCT P V
TERMINATION
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company may enjoin the enactment or enforcement of any ordinance or charter amendment in
violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable
relief, including specific performance of the Agreement, as is necessary to enforce its rights. It is
further agreed that should this Agreement be breached by Company, the City shall be entitled, in
addition to any action at law for damages, to obtain specific performance of this Agreement and
such other equitable relief necessary to enforce its rights.
ARTICLE VI
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to Company's
"affiliates" and to any properties owned or acquired by said affiliates within the area described in
Exhibit "A" to this Agreement, and where reference is made herein to properties and
improvements owned by Company that shall also include land, property and improvements
owned by its affiliates. The word "affiliates" as used herein shall mean all companies with
S:\AGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 7
respect to which Company directly or indirectly, through one or more intermediaries at the time
in question, owns or has the power to exercise the control over fifty percent (50%) or more of the
stock having the right to vote for the election of directors.
ARTICLE VII
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE VIII
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
ARTICLE IX
CONTINUATION
TO COMPANY
Arkema, Inc.
P. O. Box 1427
Beaumont, Texas 77704
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
SAAGENDA\AGENDA ITEM MEMOS\Arkema 2004-Final.doc 8
IN WITNESS THEREOF, this Agreement, consisting of 9 pages plus Exhibit "A", is
executed in duplicate counterparts as of this day of 52008.
CITY OF BEAUMONT, TEXAS
IM
ATTEST:
Tina Broussard
City Clerk
Kyle Hayes
City Manager
ARKEMA, INC.
3
ATTEST:
S:\AGENDA\AGENDA ITEM MEMOS\Arkema 2009-Final.doc 9
WE
December 23, 2008
Consider authorizing the City Manager to execute an Industrial District Contract with Lucite
International, Inc.
RICH WITH OPPORTUNITY
BEA,UMON*
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
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Lucite International,
Inc.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with Lucite International, Inc.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with Lucite International, Inc., that will expire December 31,
2008. The new contract will be effective January 1, 2009. The in -lieu of tax payment will be
based on a ratio of 80% of property taxes due to the City as if the industry were located within
the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through
2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the
tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be
due to the City by February 1 ' of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for Lucite International, Inc., is $486,500 of the $15,782,000 of
industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with Lucite International, Inc. The contract is substantially in the form attached
hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Lucite
International, Inc., its parent, subsidiaries and affiliates, hereinafter called "COMPANY."
PREAMBLE
WHEREAS, Company leases land and owns improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SAAGENDA\AGENDA ITEM MEMOS\Lucite Intemational 2009 - Final.doc
1
EXHIBIT "A"
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities property, real, personal, and mixed located on
Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Lucite
International, Inc. taxable properties, as determined by the Jefferson County Appraisal District
for the previous tax year. "Assessed value" does not include (and such value shall be excluded
from the provisions of this Agreement) the value, in whole or in part, of any property owned by
Company, whether real, personal or mixed, which would not be subject to ad valorem taxation
by the City pursuant to any current or future local, state or federal law, (whether by reason of
exemption, exclusion, allocation, abatement or otherwise) if such property were located within
the taxing jurisdiction of City. It is the intent of the parties to this Agreement that only the value
of that property owned by Company which would otherwise be taxable by City if the property
were located within the taxing jurisdiction of City is to be included in the calculation of
payments to be made under this Agreement.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
S: AGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - nnal.doc
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009.
The 2009 payment is calculated as follows:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment Due
Each October, the Chief Financial Officer shall obtain the most recent assessed values as
set by the Jefferson County Appraisal District for the Company's properties, real, personal and
mixed, having taxable situs within the areas described in this agreement; for example, in
October, 2008, the 2008 assessed values shall be used for the February 1, 2009 payment. This
assessed value less exclusions as described in Article 10 shall be used in the calculation of the
payment.
If the assessed values for the period required are in question and/or under litigation with
the Jefferson County Appraisal District, payment shall be computed on the most recent certified
values from the Jefferson County Appraisal District. The Company shall notify the City
following resolution of the appraised value question and if the final resolution reduces the value
of the Company's properties, the Company's liability hereunder shall be recalculated based on
the final determination of value and City shall, within 30 days following such resolution refund
S: AGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - Final.doc
3
to Company the difference between the amount actually paid hereunder and the amount for
which Company is determined to be liable, together with interest thereon from the date of tender
of payment by Company to the date of payment by City of such refund at the rate specified in
Section 42.43 of the Texas Property Tax Code for interest on tax refunds. Should such final
resolution increase the value of Company's properties, the Company's liabilities shall be
recalculated based on the final determination of value and Company shall pay within 30 days
following such resolution the increased amount due to the City under their agreement plus
interest from the date such payment should have been made to City under their contract. Interest
shall be calculated in accordance with the tax code provisions for interest as calculated in
Section 42.43 of the Texas Property Tax Code.
(b) After the assessed value of the Company's properties has been determined, the
value of the property shall be calculated in accordance with the following schedule:
The 2010 and 2011 payments shall be 80% of assumed City taxes due, except
such payment shall not exceed or be less than the previous year's payment by more than 10%.
The 2012 - 2015 payments shall be 75% of assumed City taxes due except the
payment shall not exceed or be less than the previous year's payment by more than 7%.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City such amount billed on or before February 1
each year or within 30 days of the delivery of such bill, whichever is later. Upon receiving the
final payment, the Finance Officer shall issue an official receipt of said City acknowledging full,
timely, final and complete payment due by said Company to City for the property involved in
this Agreement for the year in which such payment is made. If any annual payment is not made
SAAGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - gnal.doc
on or before any due date, the same penalties, interest, reasonable attorneys' fees and costs of
collection shall be recoverable by the City as would be collectible in the case of delinquent ad
valorem taxes. Further, if payment is not made timely and Company fails to cure by making the
payment due within thirty (30) days of written notice by the City, all payments which otherwise
would have been paid to the City had Company been in the City limits of City will be recaptured
for the year in which the payment was not timely made and paid to the City within 60 days after
written notice by the City as set out herein that the payment is delinquent.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on records of the Jefferson County Appraisal District, which
are within the extra -territorial jurisdiction of the City of Beaumont. It is the intent of the parties
to this Agreement that only the value of that property owned by Company which would
otherwise be taxable by City if the property were located within the taxing jurisdiction of City is
to be included in the calculation of payments to be made under this Agreement.
ARTICLE III
SALE BY COMPANY
(a) Sale by Company. Company shall notify City of any sale of any or all of Company's
facilities to any person or entity. As to payments due under this Agreement, no such sale shall
reduce the amount due the City under this Agreement until the purchaser of such facility has
either assumed the Company's obligation under this Agreement or entered into a written
SAAGENDA\AGENDA ITEM MEMOS\Lucite lntemational 2009 - Final.doc
5
agreement with the City assuming all obligations of Company in this Agreement. It is the intent
of the parties that no sale of any of Company's facilities will affect the amount to be paid to the
City under this Agreement.
(b) Assignment. Company shall have the right to assign, transfer or convey all, or any
part of its rights, title and interest in this Agreement in connection with any transfer or
conveyance of title to all or any part of the properties subject to this Agreement to any person or
entity at any time during the term of this Agreement; provided, however, that Company shall
provide City with written notice of such assignment. Company shall be relieved of its
obligations under this Agreement to the extent that an assignee expressly assumes Company's
obligations in a written instrument binding such assignee to the City. Subject to the preceding,
this Agreement shall inure to the benefit of and be binding upon the parties hereto and their
respective successors and assigns.
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered by
this Agreement belonging to said Company is reasonably necessary to promote and protect the
general health, safety and welfare of persons residing within or adjacent to the City, the City will
notify Company in accordance with State law of the proposed annexation. In the event of such
annexation, Company will not be required to make further payment under this Agreement for
S: AGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - �nal.doc
any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or in
the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall seek immediate legal
relief against any such attempted annexation or incorporation and shall take such other legal
steps as may be necessary or advisable under the circumstances with all cost of such action being
borne by the City.
2. The City further agrees that during the term of this Agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this Agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs.
4. Should Company's properties be finally annexed by another City, this Agreement
shall terminate at the end of the year in which such annexation occurs.
SAAGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - Final.doc
7
ARTICLE V
TERMINATION
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company may enjoin the enactment or enforcement of any ordinance or charter amendment in
violation of, or in conflict with, the terms of this Agreement and may obtain such other equitable
relief, including specific performance of the Agreement and may exercise the right of offset,
deduction or other remedies, as is necessary to enforce its rights. It is further agreed that should
this Agreement be breached by Company, the City shall be entitled, in addition to any action at
law for damages, to obtain specific performance of this Agreement and such other equitable
relief necessary to enforce its rights.
ARTICLE VI
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to Company's
"affiliates" and to any properties owned or acquired by said affiliates within the area owned by
Company, and where reference is made herein to land, property and improvements owned by
Company, that shall also include land, property and improvements owned by its affiliates. The
word "affiliates" as used herein shall mean all companies with respect to which Company
directly or indirectly, through one or more intermediaries at the time in question, owns or has the
SAAGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - Winal.doc
power to exercise the control over fifty percent (50%) or more of the stock having the right to
vote for the election of directors.
ARTICLE VII
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE VIII
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law shall be
given in writing to the parties hereto at the addresses set forth below by certified mail, return
receipt requested, and shall be deemed to have been duly served and received on the earlier of
actual receipt or the second business day after the mailing thereof.
TC) CTTV
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
With copy to:
Chief Financial Officer
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704
TO COMPANY
Plant Manager
Lucite International, Inc.
6350 N. Twin City Hwy
Nederland, Texas 77627
Tax Manager
Lucite International, Inc.
7275 Goodlett Farms Prkwy
Cordova, Tennessee 38016
SAAGENDA\AGENDA ITEM MEMOS\Lucite International 2009 - Final.doc
9
ARTICLE IX
EXCLUSIONS
1. In determining the assessed value of the Company facilities there is to be excluded
therefrom the value of any new plant facilities, replacement, modernization or additions that
significantly increase the assessed value of Company's properties. "Significantly increase" shall
be defined as an increase in assessed value of fifty percent (50%) or more above the prior year's
assessed value of Company's properties excluding land. Any number of projects (whether new
construction, replacement, modernization or additions) may be added together to determine
whether they aggregate a significant increase in the assessed value of Company's properties so
long as construction of each project begins within a single twelve (12) month period. This
exclusion will be restricted to include only a new and distinct processing facility, replacement,
modernization of or additions to present facilities, and shall not include the maintenance,
reconditioning, upgrading, refurbishing or repairing of existing process facilities. The intent of
this exclusion is to encourage major new capital investment within the extraterritorial environs of
the City. Determination of qualifications for this exclusion shall be made by the City Manager
upon petition by Company and presentation of all pertinent data.
Company shall notify the City Manager of its intention to claim an exclusion at least one
hundred twenty (120) days prior to the end of the calendar year prior to the year in which the
exclusion will take place. Subject to the upper and lower limitations on payments set out in
Article I 4 (b) hereof Company agrees that to whatever extent that the non -excluded plant's
SAAGENDA\AGENDA ITEM MEMOS\Lucite International 2009 IOWA= A=
assessed value on realty improvements is reduced for whatever reason (excepting from fire,
explosion, or other casualty or accident or from any natural disaster), an equivalent amount
(dollar for dollar) of assessed value on realty improvements of the excluded facilities shall be
deemed for the purposes of this agreement to lose its exclusion for the current year and
accordingly shall be deemed to be included in the non -excluded plant's total assessed value and
payments shall be calculated and made by Company thereon to City for the subsequent year,
however, in no event shall the offset exceed the fair market value of the realty improvements that
would otherwise be excluded. Company agrees to provide the City Manager with all the
information necessary for the City Manager to determine whether the expenditure by the
Company is qualified for exclusion.
The exclusion shall commence the first calendar year following the completion of
construction and it shall be in the amount of 100% for the first, second and third years, 75% of
value for the fourth and fifth years, and 50% of value for the sixth and seventh years. The
exclusions provided by this Article shall survive the term of this Agreement and shall be
included in any subsequent Industrial District Agreement between the parties or in an abatement
agreement should the Company's property be annexed. It is the parties' intentions that any
increases in value qualifying for exclusion should receive the benefits of exclusion for the full
seven years after the completion of construction regardless of the number of years remaining in
the term of this Agreement.
2. In determining the assessed value of the Company's facilities, there is also to be
excluded therefrom the value of incomplete construction also known as construction in progress.
This exclusion applies to new and distinct plant facilities, replacements, modernization of or
S: AGENDA\AGENDA ITEM MEMOS\Lucite Intemational 2009 - Final.doc
11
additions to present facilities as specified in item (1) above, regardless of whether such will
significantly increase the assessed values of Companies properties.
3. If a question arises relating to the exclusion amount, payment shall be made based on
the last Certified assessed value, without the questioned exclusion. An adjustment to the
payment, if any, shall be made following resolution of the question. The determination
concerning whether a capital expenditure by Company is qualified for exclusion hereunder shall
be made by the City Manager. Any appeal of the decision of the City Manager shall be made in
writing to the City Council within fifteen (15) days of the decision of the Manager. The decision
of the City Council shall be final.
ARTICLE XI
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such holding
shall not affect the right of City to any payment made or accruing to City hereunder prior to such
adjudication, and this provision is intended to be an independent and separable provision not to
be affected by such adjudication.
S: AGENDAIAGENDA ITEM MEMOS\Lucite International 2009-f�tal.doc
IN WITNESS THEREOF, this Agreement, consisting of 13 pages, is executed in duplicate
counterparts as of this day of , 2008.
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
LUCITE INTERNATIONAL, INC.
an
ATTEST:
SAAGENDA\AGENDA ITEM MEMOS\Lucite Intemational 2009 - FinaLdoc
13
11
December 23, 2008
Consider authorizing the City Manager to execute an Industrial District Contract with Martin
Operating Partnership, LP
RICH WITH OPPORTUNITY
BEA,U140N*
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Martin Operating
Partnership, LP.
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with Martin Operating Partnership, LP.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has contracts with Martin Operating Partnership, LP for the Neches Industrial
Park and with Martin Gas Sales that will expire December 31, 2008. The assets of Martin Gas
Sales have been transferred to Martin Operating Partnership, LP, therefore there will only be one
industrial contract in the future with Martin Operating Partnership, LP. The new contract will be
effective January 1, 2009. The in -lieu of tax payment will be based on a ratio of 80% of property
taxes due to the City as if the industry were located within the city limits in 2009 through 2011
and 75% of property taxes due to the City in 2012 through 2015. The 2009 payment will be
calculated based on 80% of the assessed value multiplied by the tax rate effective on October 1,
2008 or $0.64 per $100 of assessed valuation. Payments will be due to the City by February I' of
each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for Martin Operating Partnership, LP. is $443,800 of the
$15,782,000 of industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with Martin Operating Partnership, LP. The contract is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Martin
Operating Partnership, LP, its parent, subsidiaries and affiliates, hereinafter called
"COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
EXHIBIT "A"
euTTrr T; T
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009 and
calculated as follows:Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment
2
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's properties,
real, personal and mixed, having taxable situs within the areas described in this agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2010 and 2011 payments shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Invoices will be sent to Martin Operating Partnership LP for the properties located at
Martin Gas Sales and at Neches Industrial Park. Upon receiving the final payment, the Chief
Financial Officer shall issue an official receipt of said City acknowledging full, timely, final and
complete payment due by said Company to City for the property involved in this Agreement for
the year in which such payment is made. If payment is not made on or before any due date, the
same penalties, interest, attorneys' fees and costs of collection shall be recoverable by the City as
3
would be collectible in the case of delinquent ad valorem taxes. Further, if payment is not timely
made, all payments which otherwise would have been paid to the City had Company been in the
City limits of City will be recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on the records of the Jefferson County Appraisal District
which are within the extra -territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
.19
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
E
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs. The City will also provide police protection if called
upon by the Jefferson County Sheriff's Department for assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall. be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
G
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY TO COMPANY
City Manager Martin Operating Partners
City of Beaumont P. O. Box 191
801 Main Kilgore, Texas 75663
Beaumont, Texas 77704
ARTICLE VII
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
7
IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of , 2008.
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
MARTIN OPERATING PARTNERS
ATTEST:
iz
December 23, 2008
Consider authorizing the City Manager to execute an Industrial District Contract with Centana
Intrastate Pipeline, LLC
RICH WITH OPPORTUNITY
IIEA,UMON*
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
December 23, 2008
Council consider authorizing the City Manager to execute
an Industrial District Contract with Centana Intrastate
Pipeline, LLC.
RECOMMENDATION
The Administration recommends approval of a resolution authorizing the City Manager to execute
an Industrial District Contract with Centana Intrastate Pipeline, LLC.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The City currently has a contract with Centana Intrastate Pipeline, LLC that will expire December
31, 2008. The new contract will be effective January 1, 2009. The in -lieu of tax payment will be
based on a ratio of 80% of property taxes due to the City as if the industry were located within
the city limits in 2009 through 2011 and 75% of property taxes due to the City in 2012 through
2015. The 2009 payment will be calculated based on 80% of the assessed value multiplied by the
tax rate effective on October 1, 2008 or $0.64 per $100 of assessed valuation. Payments will be
due to the City by February I' of each year.
A copy of the agreement is attached for your review.
BUDGETARY IMPACT
The estimated FY 2009 payment for Centana Intrastate Pipeline, LLC is $225,300 of the
$15,782,000 of industrial payments expected in FY 2009.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Industrial District
Contract with Centana Intrastate Pipeline, L.L.C. The contract is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation and a
home -rule city located in Jefferson County, Texas, hereinafter called "CITY," and Centana
Intrastate Pipeline, L.L.C., its parent, subsidiaries and affiliates, hereinafter called
"COMPANY."
DDDAA 4DTD
WHEREAS, Company owns land and. improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established an
industrial district comprising a certain part of the extra -territorial jurisdiction of the City, such
industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an obligation to
contribute to the revenue needs of said City in an amount commensurate with the burdens placed
upon the City and benefits derived by the Company by reason of being located immediately
adjacent to said City.
WHEREAS, the Company and the City desire to base the industrial district payment on
assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
SA\AGENDA\AGENDA ITEM MEMOS\Centana 2009 - Final.doc
ARTICLE I
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2009 and each calendar year thereafter for the
duration of this Contract, the Company will pay the City a certain sum which will be computed
on the assessed value of the Company's facilities and property, real, personal, and mixed located
on Company's land covered by this contract. (Herein "the properties")
2. By the term "Assessed Value" is meant the 100% valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax year.
3. The term "assumed City taxes due" shall be calculated by the following formula:
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2009 shall be due and payable on or before February 1, 2009,
and calculated as follows:
SAAGENDA\AGENDA ITEM MEMOS\Centana 2009 - Final.doc 2
Assumed City Taxes Due:
Assessed Value / 100 X Current City Tax Rate = Assumed City Tax Due
Year 1 80% of Assumed City Taxes Due = 2009 Payment
Each October thereafter, the Chief Financial Officer shall obtain the most recent
assessed values as set by the Jefferson County Appraisal District for the Company's properties,
real, personal and mixed, having taxable situs within the areas described in this agreement; for
example, in October, 2008, the 2008 assessed values shall be used for the February 1, 2009
payment.
If the assessed values for the period required are in question and/or under
litigation with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall notify
the City following resolution of the appraised value question and an adjustment for the payment,
without interest, will be made within thirty (30) days following such resolution.
(b) After the assessed value of the Company's properties has been determined, the
payments due hereunder shall be calculated in accordance with the following schedule:
The 2010 - 2011 payments shall be 80% of assumed City taxes due.
The 2012 - 2015 payments shall be 75% of assumed City taxes.
(c) City hereby agrees to bill Company for its payments due hereunder on or before
January 1 each year. Company shall pay to City the amount billed on or before February 1 each
year. Upon receiving the final payment, the Chief Financial Officer shall issue an official receipt
SA\AGENDA\AGENDA ITEM MEMOS\Centana 2009 - Final.doc
3
of said City acknowledging full, timely, final and complete payment due by said Company to
City for the property involved in this Agreement for the year in which such payment is made. If
payment is not made on or before any due date, the same penalties, interest, attorneys' fees and
costs of collection shall be recoverable by the City as would be collectible in the case of
delinquent ad valorem taxes. Further, if payment is not timely made, all payments which
otherwise would have been paid to the City had Company been in the City limits of City will be
recaptured and paid to the City within 60 days of any such event.
ARTICLE II
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument shall
govern and affect the properties of Company (facilities, real, personal, and mixed) located on
Company's real property as shown on the records of the Jefferson County Appraisal District
which are within the extra -territorial jurisdiction of the City of Beaumont.
ARTICLE III
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's facilities to any person
or entity. It is the intent of the parties that no sale of any of Company's facilities will affect the
amount to be paid to the City as provided under this Agreement. Accordingly and as to
payments due under this contract no such sale shall reduce the amount due the City under this
contract until the purchaser of such facility has entered into a contract in lieu of taxes with the
City that provides for a continuation of like payments to the City.
SAAGENDA\AGENDA ITEM MEMOS\Centana 2009 - Final.doc 4
ARTICLE IV
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in any way cause or permit to
be annexed any portion of lands or facilities or properties of said Company covered by this
Agreement for the period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the properties covered
by this Agreement belonging to said Company is reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City, the City
will notify Company in accordance with State law of the proposed annexation. In the event of
such annexation, Company will not be required to make further payment under this Agreement
for any calendar year commencing after such annexation with respect to the property so annexed,
but shall nevertheless be obligated to make full payment for the year during which such
annexation becomes effective if the annexation becomes effective after January 1 st of said year.
(b) In the event any municipality other than the City attempts to annex separately or
in the event the creation of any new municipality shall be attempted so as to include within its
limits any land which is the subject matter of this Agreement, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or incorporation
and shall take such other legal steps as may be necessary or advisable under the circumstances
with all cost of such action being borne equally by the City and by the said Company or
companies with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not be
extended or enforced as to any land and property of Company within said City of Beaumont
SAAGENDAWGENDA ITEM MEMOS\Centana 2009 - Final.doc
5
Industrial District, any rules, regulations, or any other actions: (a) seeking in any way to control
the platting and subdivisions of land, (b) prescribing any buildings, electrical, plumbing or
inspection standards or equipment, or (c) attempting to regulate or control in any way the
conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any renewals
thereof, the City shall not be required to furnish any municipal services to Company's property
located within the City of Beaumont Industrial District; provided, however, City agrees to
furnish fire protection to Company should such protection be requested by Company in the event
an unusual emergency situation occurs. The City will also provide police protection if called
upon by the Jefferson County Sheriff's Department for assistance.
ARTICLE IV
TERMINATION OF BREACH
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the parties
and that, therefore, in addition to any action at law for damages which either party may have,
Company shall be entitled to enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and shall be entitled
to obtain such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be breached by
Company, the City shall be entitled, in addition to any action at law for damages, to obtain
specific performance of this Agreement and such other equitable relief necessary to enforce its
rights.
SA\AGENDA\AGENDA ITEM MEMOS\Centana 2009 - Final.doc 6
ARTICLE V
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1, 2009,
and ending on December 31, 2015.
ARTICLE VI
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
TO CITY
City Manager
City of Beaumont
801 Main
Beaumont, Texas 77704
TO COMPANY
Centana Intrastate Pipeline, L.L.C.
Property Tax Division
5718 Westheimer, Suite 1900
Houston, Texas 77057
ARTICLE VII
16TOWI VL : • ►
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder prior
to such adjudication, and this provision is intended to be an independent and separable provision
not to be affected by such adjudication.
SAAGENDA\AGENDA ITEM MEMOS\Cen[ana 2009 - Final.doc
7
IN WITNESS THEREOF, this Agreement, consisting of 8 pages, is executed in duplicate
counterparts as of this day of , 2008.
CITY OF BEAUMONT, TEXAS
Kyle Hayes
City Manager
ATTEST:
Tina Broussard
City Clerk
CENTANA INTRASTATE PIPELINE L.L.C.
R. Gregg West
Agent and Property Tax Director,
DCP Midstream, LP
ATTEST:
SA\AGENDA\AGENDA [TEM MEMOS\Centana 2009 - Final.doc 8
13
December 23, 2008
Consider approving the renewal of an annual maintenance agreement for software support
RICH WITH OPPORTUNITY
11IL'Aitilluill(
T- E• X- A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Chief Technology Officer i3 D
December 23, 2008
Council consider renewal of an annual maintenance
agreement for SunGard Public Sector software support.
RECOMMENDATION
The Administration recommends payment of an invoice to SunGard Public Sector for the
renewal of an annual maintenance agreement for Police, Fire, and EMS public safety software
support in the amount of $224,801.
BACKGROUND
SunGard Public Sector software is used by the Police, Fire, and EMS Departments. This
purchase is exempt from competitive bidding since it is available from only one (1) source
having exclusive rights to modify and maintain the software. The software maintenance
agreement provides twenty-four/seven unlimited telephone support for 911 dispatching; Monday -
Friday, 8-5 support for mobile computers, electronic field reporting, and all records management
applications, and provides annual software upgrades.
This agreement is for an annual period beginning January 2009 and includes the following
applications.
Software Applications
Contract Amount
OSSI Computer Aided Dispatching with Mapping
$58,005.00
OSSI Roster Module
$1,170.00
OSSI Firehouse Records Interface
$990.00
OSSI EMS Interface to Zoll Patient Billing
$1,350.00
OSSI CAD Resource Monitor
$9,990.00
Records Management
$48,292.80
Accident Module
$5,928.00
Training Module
$3,040.00
Mobile Dispatching and Field Reporting
$58,011.20
Automatic Vehicle Locator System
$14,484.00
Integrated State Message Switch
$10,674.00
Police 2 Citizen
$2,000.00
Evidence Notification with bar coding
$2,556.00
Gang Module
$1,200.00
Quartermaster Module
$1,040.00
Custom Interfaces
$6,070.00
Total
$224,801.00
BUDGETARYIMPACT
The maintenance contract will be funded from the Confiscated Goods Fund and General Fund.
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 pay an invoice in the amount
of $224,801 to SunGard Public Sector for the renewal of an annual maintenance
agreement for Police, Fire and EMS public safety software support beginning January,
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -
14
December 23, 2008
Consider approving an amendment to the Management and Concession Agreement with the
Beaumont Yacht Club
y
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • % • 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
December 23, 2008
Council consider an Amendment to the Management and
Concession Agreement with the Beaumont Yacht Club
RECOMMENDATION
Administration recommends amending the 1998 Management and Concession Agreement with the
Beaumont Yacht Club to address the losses caused by Hurricane Ike.
BACKGROUND
On October 1, 1998 the City entered into a Management and Concession Agreement with the
Beaumont Yacht Club (BYC) for its continued operation of the City's public marina. The marina
is located on approximately 30 acres of city owned river front property north of Interstate 10. To
date, the City has invested over $1,500,000 for improvements to the marina. Since the facilities
are income producing, the City was to recover its investment from the BYC. A payment schedule
was established that provided for monthly installments over a 15 year term, payable from the
BYC's operating revenues. That payment schedule was amended on April 25, 2006 due to the
losses caused by Hurricane Rita. The amended payment schedule called for monthly installments
of $7,500 effective January 1, 2006 (a reduction from $11,200 per month) but extended the
Agreement for another 2 years, expiring on June 30, 2015.
On September 13, 2008 Hurricane Ike hit the Beaumont area causing more damage to the marina.
The damage included the loss of 65 uninsurable dry stalls. With the loss of the 65 stalls and the
related revenue, the BYC would experience a negative cash flow if no other changes were made.
For that reason, on October 6, 2008 the BYC's Board of Governors authorized a rate increase of
60% for all stall rentals effective January 1, 2009. This rate increase will bring the BYC's cash
flow back to a position where all normal operating bills can be paid.
Given the existing conditions, amending the Agreement to defer the installments for October,
November and December of 2008 is recommended. This deferment would extend the
Agreement's expiration date another 3 months, thus expiring on September 30, 2015. Currently,
the BYC is seeking application for a Small Business Loan in order to replace the 65 stalls lost in
Hurrican Ike. Once that application is approved and the details of the loan are made available,
administration may consider amending the Agreement again to accommodate proper cash flows
for the BYC.
BUDGETARY IMPACT
No substantive budgetary impact is created by this action.
AMENDMENT OF MANAGEMENT AND CONCESSION AGREEMENT
EXECUTED ON 10-1-1998 BETWEEN
CITY OF BEAUMONT AND BEAUMONT YACHT CLUB
Given that the City of Beaumont and the Beaumont Yacht Club, Inc. entered into a
Management and Concession Agreement executed on or about October 1, 1998 for the
operation and management of a public marina, a copy of which is attached hereto and
made a part hereof for all purposes as Exhibit 'A" and
Given the damage to the premises made the subject of the foregoing agreement
which occurred as a result of Hurricane Rita; and
Given the reduced revenue generated by said properties as a result of the damage
to said premises; and
Given Resolution No. 06-120 of the City Council of the City of Beaumont approves
a request for a reduction in payments due to the City of Beaumont pursuant to the
Management and Concession Agreement; and
Given the parties' desire to amend the foregoing Agreement;
NOW, THEREFORE, Paragraph 3 of the Management and Concession Agreement
executed on or about October 1, 1998, and only that provision, is hereby amended to read
as follows:
Commencing on January 1, 2006 and concluding on June 30, 2015, Yacht
Club agrees to make monthly payments of $7500 per month to the City of
Beaumont in lieu of the payment schedule set forth in said agreement and
paragraph prior to the execution hereof.
All other terms and conditions of the Agreement executed on October 1, 1998, not
specifically addressed by this amendment shall continue and remain in full force and effect.
Wage 1
IN WITNESS WHEREOF, the parties hereto have executed this amendment on the
' day of ir'"� �� �/ 2006.
BEAUMONT YACHT CLUB, INC.
B,
t ommodore
Attest:
CITY OF BEAUMONT
By:
� I�
Attest:
t
` ,r,PP,UMOA/A
Page 2
RESOLUTION NO. 06-120
WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council
approved the existing Management and Concession Agreement with the Beaumont Yacht
Club for its continued operation of the City*s public arena; and
WHEREAS, said agreement established monthly installments of $11,200 per month
over a 15 -year term to be paid by the Beaumont Yacht Club to the City of Beaumont; and
WHEREAS, the Beaumont Yacht Club made timely payments to the City of
Beaumont until September, 2005, when Hurricane Rita caused extensive damage to the
marina resulting in a considerable loss of income by the Beaumont Yacht Club resulting
in reduced capacity to make payments.
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an amendment to the
Management and Concession Agreement with the Beaumont Yacht Club reducing its
i monthly installments to $7,500 per month effective January 1, 2006 through June 30, 2015.
BE IT FURTHER RESOLVED THAT this action will bring the Beaumont Yacht Club
current in its payments and that credit against the monthly installment will be directed to
cleanup expenses incurred by the Beaumont Yacht Club.
2006.
PASSED BY THE CITY COUNCIL of the City of Beaumontthis the 25th day of April,
- Mayor Guy N. Goodson -
RESOLUTION NO.
WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council
approved the existing Management and Concession Agreement with the Beaumont Yacht
Club for its continued operation of the City's public arena; and
WHEREAS, as a result of loss of revenues created by extensive damage caused
by Hurricane Rita, said agreement was amended by Resolution No. 06-120 dated April 25,
2006, reducing the monthly installments paid by the Beaumont Yacht Club to the City of
Beaumont from $11,200 per month to $7,500; and
WHEREAS, the Beaumont Yacht Club made timely payments to the City of
Beaumont until September, 2008, when Hurricane Ike caused extensive damage to the
marina, again resulting in a loss of revenue by the Beaumont Yacht Club; and
NOW, THEREFORE, BE IT RESOLVED
BY THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an amendment to the
Management and Concession Agreement with the Beaumont Yacht Club deferring the
October, November and December, 2008, installments of $7,500, thereby extending the
expiration of the Agreement to September 30, 2015.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
December, 2008.
- Mayor Becky Ames -