HomeMy WebLinkAboutPACKET DEC 22 2015BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 22, 2015 1:30 P.M.
CONSENT AGENDA
Approval of minutes — December 15, 2015
Confirmation of committee appointments
Steve McGaha would be appointed to the Convention and Tourism Advisory Board. The term
would commence December 22, 2015 and expire September 30, 2017. (Councilmember Audwin
M. Samuel)
A) Authorize the purchase of a track loader and an excavator from Bobcat, Inc. of West
Fargo, North Dakota for use by the Streets and Drainage Division and the Parks and
Recreation Department
B) Authorize the purchase of an excavator and a tractor from Kubota Tractor Corporation, of
Torrance, California for use by the Water Utilities Department
C) Approve the purchase of splash pad upgrades for Pine Street Park and Liberia Park
D) Authorize the purchase of five mowers from Exmark Mfg. Co., of Beatrice, Nebraska for
use in the Parks and Recreation Department and at the Henry Homberg Golf Course
E) Authorize the execution of a License to Encroach Agreement with Carolyn Fullerton
related to property located at 635 Shakespeare Drive
F) Approve a resolution amending and approving the Alcohol and Substance Abuse Policy
for employees of the Beaumont Municipal Transit system
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Appointment Commission Beginning Expiration
of Term of Term
Steve McGahawould Convention and Tourism Advisory Board 12/22/2015 09/30/2017
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
U
T E X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing the purchase of a Bobcat
compact track loader and compact excavator from Bobcat, Inc. of
West Fargo, North Dakota in the total amount of $112,988.90 for
use by the Streets and Drainage Division and the Parks and
Recreation Department.
BACKGROUND
The track loader will be used by the Streets and Drainage Division for road construction. It will
replace unit 9674 which has proven unsuitable for the tasks required. Unit 9674, a 2006 Kubota
Utility Vehicle will be retained for other purposes. The excavator will replace unit 4270, a 1992
John Deere Tractor having 4,473 hours. The excavator is used for irrigation repair, pulling
stumps, grinding and dressing all field work. Unit 4270 will be disposed of through the City's
surplus equipment program.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes. The total purchase price includes the BuyBoard fee of $800 which is paid to the vendor.
Warranty service will be provided by Bobcat of Beaumont, Inc., the local dealer.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
Bobcat
Product Quotation 4-
�3
Quotation Number: CMS -30441v1 2 tQsb
Date: 2015-11-10 14:58:15 � L v
Customer Name/Address: Bobcat Delivering Dealer
CITY OF BEAUMONT
4955 LAFIN RD
BEAUMONT, TX 77705
Phone: (409) 842-5885
Fax: (409) 842-0851
Jason Briggs
Bobcat of Beaumont,
BEAUMONT TX 77705
Phone: (409) 835-2200
Fax: (409) 835-2022
Description
T750 T4 Bobcat Compact Track Lo
85 HP Turbo Tier 4 Diesel Engine
Air Intake Heater (Automatically Activated)
Auxiliary Hydraulics: Variable Flow
Backup Alarm
Bob -Tach
Bobcat Interlock Control System (BICS)
Controls: Bobcat Standard
Engine/Hydraulic Systems Shutdown
Horn
Instrumentation: Engine Temp and Fuel Gauges, Hourmeter, RPM
and Warning Lights
Tracks: Rubber, 17.7' wide
Warranty: 12 Months, Unlimited Hours
Factory Install A91 Option Package
Cab Enclosure with Heat and AC
High Flow Hydraulics
Sound Reduction
Hydraulic Bucket Positioning
Power Bob -Tach
Deluxe Instrument Panel w/Keyless Start
ORDERS TO BE PLACED WITH:
Contract Holder/Manufacturer
Bobcat Company
PO Box 6000
West Fargo, ND 58078
Phone: 701-241-8719
Fax: 701-280-7860
Contact: Crystal Stram
Crystal.stram@doosan.com
Part No Qty Price Ea. Total
ader M0281 1 $49,763.70 $49,763.70
Lift Arm Support
Lift Path: Vertical
Lights, Front & Rear
Operator Cab
• Includes: Adjustable Suspension Seat, Top & Rear
Windows, Seat Bar, Seat Belt
• Roll Over Protective Structure (ROPS) meets SAE -
J1040 & ISO 3471
• Falling Object Protective Structure (FOPS) meets SAE -
J1043 & ISO 3449, Level 1, (Level 11 is available through
Bobcat Parts)
Parking Brake: Spring Applied, Pressure Released (SAPR)
M0281 -P01 -A91
Engine Block Heater
Attachment Control Kit
Cab Accessories Package
Two Speed Travel
3 -Point Seat Belt
$7,095.90 $7,095.90
Attachments 80" C/I Heavy Duty Bucket
6726344
1
$1,074.50
$1,074.50
HB980 Hyd Breaker with Nail Point
7113421
1
$5,502.00
$5,502.00
--- Loader Mounting Frame
7113737
1
$469.00
$469.00
--- Hose Kit - Breakers - Ldr
7114764
1
$143.50
$143.50
24" Planer, High Flow
M7017
1
$11,151.00
$11,151.00
-- Drum 24 Fastcut
M7017 -R01-004
1
$2,961.00
$2,961.00
Quote Total - US dollars
$78,160.60
*Prices per the TX - Buyboard Contract# 424-13. Expires: 9-30-2016
*Must be a Coop Member to purchase off contract
*Terms Net 30 Days. Credit cards accepted.
*FOB Destination within the 48 Contiguous States.
*Delivery: 90 days from ARO.
*State Sales Taxes apply.
*ORDERS TO BE PLACED WITH: Clark Equipment Company dba Bobcat Company, PO Box 6000,
West Fargo, ND 58078
Prices & Specifications are subject to change. Please call before placing an order. Applies to factory ordered units only.
ORDER ACCEPTED BY:
SIGNATURE
DATED
Bobcat
Customer Name/Address:
CITY OF BEAUMONT
4955 LAFIN RD
BEAUMONT, TX 77705
Phone: (409) 842-5885
Fax: (409) 842-0851
Product Quotation
Quotation Number: CMS -30460v2 50
Date: 2015-11-16 20:27:34
Bobcat Delivering Dealer
Jason Briggs
Bobcat of Beaumont
BEAUMONT TX 77705
Phone: (409) 835-2200
Fax: (409) 835-2022
Description
E26 T4 Bobcat Compact Excavator
24.8 HP Tier 4
Auto -Idle
Auxiliary Hydraulics, Boom Mounted Flush Face Quick
Couplers
Boom Swing
Canopy
Includes: Cup Holder, Retractable Seat Belt
• Roll Over Protective Structure (ROPS)- Meets
Requirements of ISO 12117-2:2008
• Tip Over Protective Structure (TOPS) - Meets
Requirements of ISO 12117:2000
Control Console Locks
Control Pattern Selector Valve (ISO/STD)
Zero Tail Swing
ORDERS TO BE PLACED WITH:
Contract Holder/Manufacturer
Bobcat Company
PO Box 6000
West Fargo, ND 58078
Phone: 701-241-8719
Fax: 701-280-7860
Contact: Crystal Stram
Crystal.stram@doosan.com
Part No Qty Price Ea. Total
M3003 1 $25,718.00 $25,718.00
Dozer Blade with Float
Engine/Hydraulic Monitor with Shutdown
Fingertip Auxiliary Hydraulic Control
Fingertip Boom Swing Control
Horn
Hydraulic Joystick Controls
Rubber Track
Spark Arrestor Muffler
Two -Speed Travel, with Auto -Shift
Vandalism Protection
Warranty. 12 Months, Unlimited Hours
Work Lights
X -Change (Attachment Mounting System)
Factory Cab Enclosure with Heat and Air
M3003 -R01 -0O3
1
$4,012.40
Installed Conditioning
Hydraulic Clamp
M3003 -R08 -0O3
1
$1,250.90
Attachments 39" X -Change Grading Bucket
6735443
1
$707.00
15C Auger Drive Unit
6809442
1
$1,123.50
--- X -Change Auger Interface
6817100
1
$213.50
-- Standard Duty Bit, 36"
6666898
1
$893.00
13" Standard Duty Bucket, Class 2
6735375
2
$455.00
Quote Total - US dollars
$4,012.40
$1,250.90
$707.00
$1,123.50
$213.50
$893.00
$910.00
$34,828.30
*Prices per the TX - Buyboard Contract# 424-13. Expires: 9-30-2016
*Must be a Coop Member to purchase off contract
*Terms Net 30 Days. Credit cards accepted.
*FOB Destination within the 48 Contiguous States.
*Delivery. 90 days from ARO.
*State Sales Taxes apply.
*ORDERS TO BE PLACEv WITH: Clark Equipment Company dba Bobcat Company, PO Box 6000,
West Fargo, ND 58078
Prices & Specifications are subject to change. Please call before placing an order. Applies to factory ordered units only.
ORDER ACCEPTED BY:
SIGNATURE
DATED
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a Bobcat compact track loader
and compact excavator for use by the Street and Drainage Division and the Parks and
Recreation Department from Bobcat, Inc., of West Fargo, North Dakota, in the amount
of $112,988.90 through the Texas Association of School Boards (BuyBoard)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing the purchase of a Kubota
excavator and tractor from Kubota Tractor Corporation, of
Torrance, California, in the total amount of $108,013.30, for use
by the Water Utilities Department.
BACKGROUND
The excavator will replace Unit 5134, a 1999 Tacheuchi having 4,813 hours. This equipment has
reached the end of its useful life requiring costly repairs and downtime resulting in diminished
productivity. The excavator will be disposed of through the City's surplus equipment program.
The tractor is an addition to the fleet and is used to pull mowing equipment in the plant and
wetlands. The existing tractor is undersized and underpowered for the mowing equipment in use
resulting in excessive wear to the tractor and making mowing inefficient and time consuming.
Pricing was obtained through the Houston -Galveston Area Cooperative Purchasing Program
(HGAC)), a cooperative purchasing association providing cities and political subdivisions with
the means to purchase specialized equipment at volume pricing. HGAC complies with State of
Texas procurement statutes.
Warranty service will be provided by Beaumont Tractor, the local dealer.
FUNDING SOURCE
Water Fund.
RECOMMENDATION
Approval of resolution.
MACDay
KUBOTA TRACTOR CORPORATION EM06-15
NATIONAL ACCOUNT CONTRACT PRICING SHEET
contract Pricing
Worksheet
PHONE: 310-370-3370EX7. 1813 FAX: 310-370-3816 EMAIL: CBENNETTAKUBOTAXOM HGAC10-2015
Purchasing Party: City of Beaumont
Contact Jeff Harville Issue PO's TO
Phone #: 409-842-5885 Kubota Tractor Corp.
Fax #: 3401 Del Amo Blvd
Torrance, CA. 90503
Email: na
REMIT TO: Kubota Tractor Corporation
ADDRESS: 3401 DEL AMO BLVD
CITY: TORRANCE STATE: CA 90503
DLR # Beaumont Tractor PHONE
CONTACT Kyle FAX;
COMMENTS: Prices for product quoted are good for 60 days from quote date/Subject to Availability
ANT -This WORKSHEET MUST BE VERIFIED BY KUBOTA NATIONAL ACCOUNTS before a PO Is Issued. Please fax to Cynthia Bennett (310) 370-3846 or
small the worksheet to ebenne"@kubota.com. PO's without verified quote maybe subject to change. PO Must Be Issued To Kubota Tractor Corporation
General escr p on of Mlnl Excavators ( 18%) Wheel Loaders & SVL ( 14%) TLBackhoes 120%)
ORDERING INFORMATION
FOR KUBOTA USE ONLY
QTY, MODEL
DESCRIPTION
UNIT LIST
PRICE
%
oienart
NATIONAL ACCT.
DISCOUNT PRICE
TOTAL LIST
PRICE
TOTAL NATIONAL
ACCOUNT PRICE
A Catalog I Price Sheet hems being purchased - Itemize Below
1 KX057-4R3 Rubber Tracks, A/C ROPS/OPG $ 77 400.00 17% $ 64 242.00 $ 77,400.00 $ 64 242.00
Subtotal A: $ 77,400.00 $64,242.00 $ 77,400.00 $ 64,242.00
B. Unpublished Options, Accessory or Service Items- Itemize Below
1 Tag Bucket Model # 2425MX2 24" Pin On Bckt S 775.00 S 775.00 $ 775.00 $ 775.00
1 Pin Kit and Freight $90.00 S 338.00 $ 338.00 $ 338.00 $ 338.00
Subtotal B: S 1,113.001 IS 1,113.00$ 1,113.00 $ 1,113.00
C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous Charges
Standard Kubota Inbound Freight Charges $ 520.00 S 520.00 $ 520.00 $ 520.00
Dealer Assembly Charges $ 37.50 $ 37.50 $ 37.50 $ 37.50
Dealer PDI & Delivery $ 250.00 $ 250.00 $ 250.00 $ 250.00
Su" I "s Q $ 807.50 $ 807.50 $ 807.50 $ 807.50
Chaek: Total cost of Unpublished Options (B) cannot exceed 25% of For this transaction the 2%
the total of the Base Unit Price plus Published Options (A-13) percentage is:
• 66M $79,320.50 $66,162.50 $79,320.50 $66,162.50
Pricing Subject to Established Membership & Availabilty of Product
AUTHORIZED SIGNATURE: X DATE
HGAC order processing charge or 1 5 °i, on Section B items is the resposib Ry of the deiverinp dealer. Kubota will reint"se HGAC for the antis order processing d>ar8e
and deduct the arno nt applicable to Section B from i t" Kubota bid discounts
$ 16.70
All orders are subject to the terms and conditions as outlined In the National Purchase Agreement.
SUBJECT TO ALL APPLICABLE SALES TAX
The Standard Kubota Warranty lies, which does not Include pick up or delivery.
Payment Terms = Net 45 Days
FOR KTC INTERNAL USE- Quota #: HGAC10-2015 Quote Date: 1110612015
Verified By: crb
MACOmy
KUBOTA TRACTOR CORPORATION
NATIONAL ACCOUNT CONTRACT PRICING SHEET
GR01-12
Contract Pricing
Worksheat
; uote # HGAC 14-2015
Purchasing Party. City of Beaumont
Contact: Jeff Harville Issue PO's to:
Phone #: 409-842-5855 Kubota Tractor Corp.
Fax fk 3401 Del Amo Blvd
Email: na Torrance, CA. 90503
REMIT TO: Kubota Tractor Corporation
ADDRESS: 3401 DEL AMO BLVD
CITY: TORRANCE STATE: CA 90503
DLR # Beaumont Trac PHONE
CONTACT KYR FAX:
COMMENTS: Prices for product quoted are good for 60 days from uote date/Subject to Availability
IMPORTANT -This WORKSHEET MUST BE VERIFIED BY KUBOTA NATIONAL ACCOUNTS fore a PO is issued. Piease fax to Cynthia Bennett (310) 370-3846 or
email the worksheet to cbennett@kubota.com. PO's without verified quote may be subject to change. PO Must Be Issued To Kubota Tractor Corporation
General Description of
Product Discounts from
MSRP
B, BX, L, M Series (20%)
RTV Series (17%)
Z & F Series (20%)
T/G Series (18%)
ORDERING INFORMATION FOR KUBOTA USE ONLY
QTY. MOUCL
DLCRIPIION
UNIT LIST
PRICE
% NATIONAL ACCT.
Dismum DISCOUNT PRICE
TOTAL LIST
PRICE
TOTAL NATIONAL
ACCOUNT PRICE
A. Catalog I Price She Items being purchased - Itemize Below
4WD TRA W/HYD SHUTTLE
1 M9960HOC12 12X12/CAB $ 51602.00 20% 41281.60 $ 51602.00 $ 41281.60
1 M7687 2ND POSITION LEVER KIT $ 140.00 20% $ 112.00 $ 140.00 $ 112.00
1 IW611 2ND/3RD VALVE (FD) $ 684,00 20% $ 547.20 $ 684.00 $ 547.20
Selected Tires TIRES
AMR8558A 6 AMR8530A AG TIRES
Subtotal A: $ 52,426.00 $41,940.80 $ 52,426.00 $ 41,940.80
B. Unpublished Options, Accessory or Service Items- Itemize Below
$ $ $
$ $ $
$ - $ Is
Subtotal B: $ $0.00 $ Is -
C. Other Allowance Discounts Trade-Ins, Freight, Make eadyorMiscollaneous Charges
1 Kubota Standard Inbound Freight $ 480.00 $ 480.00 $ 480.00 $ 480.00
1 Factory Assembly Fee $ 250.00 $ 250.00 $ 250.00 $ 250.00
1 Dealer Assembly Fee $ 150.00 $ 130.00 $ 130.00 $ 130.00
1 Dealer PDI & Delivery Fee $ 250.00 $ 250.50 $ 250.00 $ 250.00
1 Dealer Approved Deduction from Compensation $ 200.00) S (1,200.00) S 1.200.00 $ 11.200.00
Subtotal C: $ (50.50) $ 90.00 $ 90.00 $ 90.00
Chock: Total cost of Unpublished Options (B) cannot exceed 25% at For this Iransaclon the 0%
the total d the Base Unit Price plus Published Options (A+B) percentage is:
kom
a 552,336.001 $41,850.80 $52,336.00 $41,850.80
Pricing Subject to Established Membership & Availabilty of Product
AUTHORIZED SIGNATURE: X DATE
HGAC order processing charge of 1 . 5 1. on Section B items is the responsibility of the delivering dealer. Kubota will mirbirse HGAC for the entre order processing chaiye
deduct tie amount applicable to Sector B from internal Kubota bid distant
I orders are subject to the terms and conditions as outlined In the National Purchase Agreement.
Payment Terms = Net 45 Days
SUBJECT TO ALL APPLICABLE SALES TAX
The Standard Kubota Warranty Applies, which does not include pick up or delivery.
FOR KTC INTERNAL USE. Quote #: HGAC14-2015 Quote Date: 11/06/15
Verified By: crb See #491021)
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a Kubota excavator and tractor
for use by the Water Utilities Department from Kubota Tractor Corp., of Torrance,
California, in the amount of $108,013.30 through the Houston -Galveston Area
Cooperative (H -GAC) Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
r«
�: I f.-LVV1 U ' I V 1 1*1
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Keith Folsom, Facilities Maintenance Superintendent
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution approving the purchase of splash pad
upgrades for Pine Street Park and Liberia Park in the amount of
$103,993.34.
BACKGROUND
Pricing was obtained from Kraftsman Commercial Playgrounds & Water Parks utilizing the
BuyBoard procurement process. BuyBoard purchasing network provides municipalities with the
means to purchase construction services and products at competitive prices contracted under the
procurement statues of the State of Texas.
The last upgrade on the splash pads at Pine Street Park and Liberia Park was completed in June
2003. The current rubber safety surfacing is 12 years old and has exceeded the 10 year product
life expectancy, therefore we are experiencing a breakdown in the product components.
The proposed upgrades will include new rubber safety surfacing, drain modifications, and
replacement of the umbrella feature.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract for the purchase of
splash pad upgrades for Pine Street Park and Liberia Park to Kraftsman Commercial
Playgrounds & Water Parks, of Spring, Texas, in the amount of $103,993.34 through
the Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
1:11
1 0014 K X.11 Z 1*A
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Office
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing the purchase of five (5)
mowers from Exmark Mfg. Co., of Beatrice, Nebraska in the
amount of $51,877 for use in the Parks and Recreation Department
and at the Henry Homberg Golf Course.
BACKGROUND
Four (4) 60 -inch mowers will replace units 4004, 4150, 4005, and 4269. The mowers are used to
maintain medians, rights of way, the athletic complex and other areas throughout the city. The
72- inch mower will replace unit 4151 which is a 2007 model having 3300 hours and is used for
maintaining the golf course. All units will be disposed of through the City's surplus equipment
program.
Pricing was obtained through the Houston -Galveston Area Cooperative Purchasing Program
(HGAC)), a cooperative purchasing association providing cities and political subdivisions with
the means to purchase specialized equipment at volume pricing. HGAC complies with State of
Texas procurement statutes.
The equipment carries a three year warranty. Warranty service will be provided by Trinity
Valley Tractors, Inc., of Dayton, Texas.
FUNDING SOURCE
Capital Reserve Fund.
RECOMMENDATION
Approval of resolution.
J �e3 o G--4-
HGACBuyCONTRACT PRICING WORKSHEET
For Catalog & Price Sheet Type Purchases
Contract € 671
No.: GRO1-15
Date l2;g/2015
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly.
Buying icity of Beaumont
Agency:
Contractor: :Exmark Mfg. Co. Inc.
Contact ':Jeffllarville
Person:
Prepared
B%.: :Jonathan S. Guarneri
Phone: :409-842-5885
Phone: '402-223-6255
Fax: ;409-842-0851
Fax: 1;402-223-4154
Email: jharvilleCabeaumonttexas.gov
Email: jonathan.guameri:c-exmark.com
Catalog i Price Sheet
Name:
rk Mf Co. Inc
Exmag'
General Description
of Product:
Exmark 72" Mower
A. Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet if Necessay
Quan Description Unit Pr Total
I :LZS801GKA724AI I.azer Z S -Series FX801V Kawasaki with 72" UltraCut Series 4 Deck. Suspension Seat. & $9,737 973
0
Total From Other Sheets, If Any:
Subtotal A: 973
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet if Necessary
(Note: Unpublished Items are any which were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
1 :116-8431 OCD. Foot 369; 36
1 :116-0513 Kit. Sunshade 275 275
Total From Other Sheets, If Any:
Subtotal B: 644
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: 7°i
the Base Unit Price plus Published Options A—B .
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges
Subtotal C: C�
Delivery Date:: D. Total Purchase Price (A+B+C): 10381
4 2.0 2,+o
ili-,i it rk s
CONTRACT PRICING WORKSHEET
HGACBuyFor Catalog & Price Sheet Type Purchases
Contract, 671
No.: GRO1-15
Date 12/9/2015
Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly.
B"Y1Og :City of Beaumont
Agency:
Contractor. :Fxmark Mfg. Co. Inc.
Contact JeffHarville
Person:
pared
Pre V :Jonathan S. Guarneri
B} :
Phone: :409-842-5885
Phone: ;402-223-6255
Fax: :409-842-0851
Fax: :402-223-4154
Email: jharvillec beaumonttexas.gov
Email: jonathan.guarneridextrark.com
Catalog / Price Sheet
Name:
Exmark Mfg. Co. Inc
General Description
of act-
xmark Lazer S 60"
A.Catalog / Price Sheet Items being purchased - Itemize Below - Attach Additional Sheet If Necessary
QuartDescription Unit Pr Total
4 ::LZS801GKA604A1 Lazer Z S -Series FX801 V Kawasaki with 60" UltraCut Series 4 Deck Suspension Seat. & $9,415 37
Total From Other Sheets, If Any:
Subtotal All 3766
B. Unpublished Options, Accessory or Service items - Itemize Below - Attach Additional Sheet If Necessary
(Note: Unpublished Items are an) which were not submitted and priced in contractor's bid.)
Quart Description Unit Pr Total
4 :116-8431 OCD. Foot 369; 147
4 :Kit. Sunshade 275: 110
4 :Bar Lug Tires 315: 126
Total From Other Sheets, If Any:
Subtotal B: 3836
Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is: 100/
the Base Unit Price plus Published Options (A+B).
C. Trade -Ins / Special Discounts / Other Allowances / Freight / Installation / ,Miscellaneous Charges
Subtotal C:
Delivery Date::
D. Total Purchase Price (A+B+C7: 4149
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of five (5) mowers for use by the
Parks and Recreation Department and at the Henry Homberg Golf Course from Exmark
Mfg. Co., of Beatrice, Nebraska, in the amount of $51,877.00 through the Houston -
Galveston Area Cooperative (H -GAC) Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
E
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Directors /
MEETING DATE: December 22, 2015 11
REQUESTED ACTION: Council consider a resolution authorizing the execution of a License
to Encroach Agreement with Carolyn Fullerton.
BACKGROUND
There are two (2) existing structures located at 635 Shakespeare Drive encroaching onto a twenty
foot (20') utility easement in Lot 9, Block 21, Dowlen West Subdivision. The pool encroaches
1.82' to 3.28' and the pool equipment is located within the easement.
The request from Carolyn Fullerton, was submitted to all city departments and utility companies
with no objections. The City Utilities Department approved the license to encroach with the
following conditions:
The City has an existing fifty-four inch (54") sanitary sewer main and a six inch (6") sanitary
sewer main within the twenty foot (20') utility easement. The City of Beaumont will not be
responsible for any damages to the structures (pool or pool equipment) if the sanitary sewer mains
should ever develop a cavity or due to any repairs to the City mains by City crews or contractor
crews hired by the City. The City of Beaumont shall not be responsible for the repair and
replacement of the pool or other structures within the Easement property.
The License Agreement protects the City from liability and provides a thirty (30) day cancellation
clause.
FUNDING SOURCE
There is a one time non-refundable fee of $500 from Carolyn Fullerton for the License to
Encroach.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, Carolyn Fullerton has requested that the City of Beaumont grant a
License to Encroach into one (1) twenty foot (20') utility Easement at 635 Shakespeare
Drive, which is described as being in Lot 9, Block 21, Dowlen West Subdivision, to the
City of Beaumont. The encroachment being two (2) existing structures overlapping
1.82' to 3.28' into the twenty foot (20') utility easement as described in Exhibit "A" and
shown on Exhibit "B," attached hereto and made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City easement and utilities therein; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at
this time,
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a License to
Encroach with Carolyn Fullerton to encroach into one (1) twenty foot (20') utility
easement at 635 Shakespeare Drive, which is described as being in Lot 9, Block 21,
Dowlen West Subdivision, to the City of Beaumont. The encroachment being two (2)
existing structures overlapping 1.82' to 3.28' into the twenty foot (20') utility easement,
as described in Exhibit "A" and shown on Exhibit "B," attached hereto and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
LICENSE TO ENCROACH
STATE OF TEXAS X
ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
On the date last indicated below, the City of Beaumont, a municipal corporation, of
Beaumont, Jefferson County, Texas, herein called "Licensor" and Carolyn Fullerton, owner,
hereinafter called "Licensee", contracted and agreed as set forth herein.
Licensee desires a license from Licensor to use that real property (the subject of this
license agreement) described as follows:
Said encroachment being two existing (2) structures (pool and pool equipment)
overlapping a 20'(twenty foot) utility easement by 1.82' to 3.28' on Lot 9, Block
21, Dowlen West Subdivision (635 Shakespeare Drive). Said encroachment is
shown on Exhibit "A", attached.
Subject property may continue to be occupied and used by Licensee solely in connection
with the existing structures and for incidental purposes related thereto during the term of this
license or until termination thereof. Said license shall terminate upon removal or demolition of
said encroachment.
Substantial improvements shall not be made upon any encroachment without first
obtaining the written consent of Licensor and giving notice to Licensor in writing of how, when
and to what extent such improvements are to be made. A copy of this license shall be attached to
such notice.
Substantial improvement means any repair, construction, or improvement of a structure,
the cost of which equals or exceeds twenty-five percent (25%) of the market value of the
structure either: (1) before the improvement or repair is started; or (2) if the structure has been
damaged and is being restored, before the damage occurred. For the purposes of this definition,
"substantial improvement" is considered to occur when the first alteration of any portion of the
structure commences, whether or not that alteration affects the external dimensions of the
structure. The term does not, however, include any projects or improvements of a structure to
comply with existing state or local health, sanitary, or safety code specifications which are solely
necessary to protect the health, safety and welfare of the public, inhabitants, or users of such
structure.
In the event the City of Beaumont, by resolution of the City Council, determines it needs
the subject property, or any part thereof, for the benefit of the City or to protect the health, safety
or welfare of the public, and it terminates this license or any part thereof, Licensee shall not
receive any compensation and the City of Beaumont shall not be liable therefore, whether for the
value of property taken, damage to the abutting or remaining property or improvement, loss of
Page 1 of 4
EXHIBIT "A"
business or profit, loss of access, or otherwise.
Licensee shall at all times indemnify and, hold harmless Licensor and any franchised
entity of licensor against, and pay in full, for all claims, losses, damages, law suits, attorney's
fees, costs, judgments or expenses, that Licensor and any franchised entity of Licensor may
sustain, incur, be required to pay or become liable for, resulting in any manner from the
construction, maintenance, use, state of repair, or presence of such encroaching structure.
Licensor, and any franchised entity of Licensor, reserves the right to make improvements,
perform maintenance and construction to the right-of-way or premises covered by this license
where such is deemed necessary for the health, welfare and safety of the community. In doing
so, Licensor and any franchised entity of Licensor shall not be liable to Licensee for any damage
occasioned thereby and Licensee shall not be entitled to prosecute or maintain a claim against
such parties for any such damage sustained by Licensee to said encroaching structure or any
abutting or attached structures, improvements or land caused by the removal or alteration of any
encroachment. In addition, Licensee shall reimburse Licensor and any franchised entity of
Licensor any additional costs resulting from the encroachment.
Licensor will not be responsible for any damages to the structures (pool or pool
equipment) if the sanitary sewer mains should ever develop a cavity or due to any repairs to the
Licensor main by Licensor crews or contractors crews hired by the Licensor. The Licensor shall
not be responsible for the repair and replacement of the pool or other structures within the
Easement property.
Licensee shall not permit trees, shrubs, plants, or any object to be placed on the subject
property in such a manner as to obstruct the view of traffic. In addition, Licensor will not be
responsible for any damages to the structure if the sewer main should ever develop a cavity or
due to any repairs to the Licensor main by Licensor crews.
As part of the consideration for this agreement, Licensee shall pay to Licensor the sum of
Five Hundred Dollars ($500.00). Said sum being non-refundable.
This license shall be recorded in the Real Property Records in the Office of the County
Clerk of Jefferson County, Texas by Licensor.
This agreement is terminable by either party by giving written notice to the other
specifying the date of termination. Said notice shall be given not less than thirty (30) days prior
to the termination date, therein specified, and shall be recorded in the Real Property Records in
the Office of the County Clerk of Jefferson County, Texas by Licensor.
This license is neither assignable nor transferable except in conjunction with, and as part
of, Licensee's conveyance of all the abutting property this license serves, through probate or
warranty deed or lease. In any such event, Licensor shall be notified of such occurrence by
being delivered a copy of the document or documents conveying or leasing the same.
Page 2 of 4
Any notice to Licensor shall be sufficient if it is mailed or hand delivered to the Office of
the City Engineer, City of Beaumont, P.O. Box 3827, Beaumont, Texas 77704. Any notice to
Licensee or their successors shall be sufficient if mailed or hand delivered to Property Owner at
635 Shakespeare Drive, Beaumont, Texas 77706.
IN WITNESS, WHEREOF, the parties hereto have executed this agreement as of
the day of , 2015.
LICENSOR: LICENSEE:
CITY OF BEAUMONT
By:
KYLE HAYES CAROLYN FULLERTON
CITY MANAGER
Page 3 of 4
ACKNOWLEDGMENTS
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
20155 by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf
of said corporation.
Notary Public, State of Texas
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on the day of ,
20153 by Carolyn Fullerton.
City of Beaumont
Antoinette Hardy - Engineering
P. O. Box 3827
Beaumont, Texas 77704
Notary Public, State of Texas
Page 4 of 4
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TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council approve a resolution amending and approving the Alcohol
and Substance Abuse Policy for employees of the Beaumont
Municipal Transit system.
BACKGROUND
Currently the Beaumont Municipal Transit (BMT) system is managed by a private company,
through a Management Agreement with Beaumont Transit Company of Jacksonville, Florida.
Receiving funding and oversight from the Federal Transit Administration (FTA), BMT was
recently informed that modifications to its Alcohol and Substance Abuse Policy were necessary in
order to be in compliance with all regulations and requirements. Specifically, the change
removes references to specific substance levels that would constitute a positive test result and
instead references the FTA -approved substance levels. Attached is the policy, with the proposed
changes on page two.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of the resolution.
Beaumont Municipal Transit System
EBAIT!
550 Milam Street
Beaumont, Texas 77701
409/835-7895
409/832-3609 fax
DATE: October 20, 2015
TO: Chris Boone, Community Development Director
FROM: Bill Munson, GM, BMT
SUBJECT: Beaumont City Council Approval of BMT Drug and Alcohol Plan
Please put this item on the Beaumont City Council agenda for November 3, 2015 at the regularly
scheduled meeting. In the recent FTA Triennial Review, the BMT Drug and Alcohol Plan was required to
be modified. By FTA regulations, the plan has to be re -adopted by the governing body, which is the City
Council.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the amended Beaumont Transit System Alcohol and Substance Abuse Policy,
substantially in the form attached hereto as Exhibit "A," is hereby in all things approved
for implementation by the Beaumont Municipal Transit System.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
BEAUMONT TRANSIT SYSTEM
ALCOHOL AND SUBSTANCE ABUSE POLICY
�. POLICY
It is the goal of Beaumont Transit System to provide safe,
dependable, low cost transportation to all passengers. while we
have many resources .to meat this goal, none is more important than
our employees. Therefore to ensure that our employees can perform
at their highest potential, it is our policy to: 1) create a
drug/alcohol free workplace; 2) prevent drugs/alcohol from
impairing an employee's ability to perform his or her job, in a
safe, efficient manner; 3) restrict the consumption, manufacturing,
or selling of drugs and other controlled substances; 4) support a
professional assistance program for individuals who have problems
with drugs and alcohol affecting their job performance.
B. PURPOSE
Beaumont Transit System has the right to protect its
employees, pass=engers and public from the adverse affects of drugs
and alcohol. While the employer does retain this right, it has no
right to restrict an employees' off -the -job conduct, absent a
showing that such conduct inherently and necessarily impairs or
could impair the employees' lob performance. The Federal Transit
Administration guidelines ( 49 CFR Part 655 - ) , set forth
in this policy are created to prohibit an employee from functioning
in a safety -sensitive position while under the affects of
drugs/alcohol and to assure the employee's fitness for duty. It
should be noted that this company will also remain under the "Drug
Free Workplace Act Of 1953" (49 CFR Part 29).
C. APPLICABILITY
This policy set forth by Beaumont Transit System will apply to
all safety -sensitive and non -safety -sensitive transit system
employees, paid part-time employees, volunteers, contractors and
their employees while on transit property or while conducting any
transit related safety -sensitive function. Safety -sensitive
function means performing, ready to perform or the immediate
availability to perform any duty related to the safe operation of
mass transportation services. The following are safety -sensitive
functions:
1. Operation of a revenue service vehicle, whether or not
such vehicle is in revenue service
11
EXHIBIT "A"
2. Operate nonrevenue service vehiclas that require drivers
to hold CDLs
3. Dispatch or control revenue service vehicles
4. Maintain revenue service vehicles or equipment
used in revenue service except contractors to
Section 18 transit agencies
S. Provide security and carry a firearm
The functions listed above are as outlined by the Federal
Transit Administration (FTA) and these are to include any salaried
personnel who perform these functions as well as hourly paid
employees. At the end of this policy you will find a list of
safety -sensitive functions as they apply to Beaumont Transit
System. Though the FTA only regulates testing to safety -sensitive
employees, this policy will cover all employees. Non -Safety -
Sensitive employees are subject to the testing procedures, test
methods, prohibited .-conduct and disciplinary action that are
presented in this policy unless otherwise stated. It will be noted
that any guidelines which Beaumont Transit deems necessary to apply
to non -safety -sensitive employees are done so at the authority of
Beaumont Transit System and not the FTA.
D. PROHIBITED DRUGS
"Prohibited Drugs" are defined and limited to the substances specified irrSchedule I thru V of
Section 202 of the Controlled Substances Act (21 CFR, U.S.C. 812) and as further defined by 21 CFR
1300.11 thru 1300.15. Beaumont transit is required by FTA to test for marijuana, amphetamines,
i
opiates, phencyclidine, and cocaine (or their metabolites). FTA regulations define the levels that would
be necessary to trigger a positive test result. Beaumont transit will strictly adhere to the FTA guidelines
when performing the required drug testing. I�
2
Beaumont Transi'- System reserves the right to Lest Lor other
drugs such as barbltuates, benzodiazapines(a.g. , Valium, Librium,
liana:£) , nonbarbituate sedatives (e.g. , Quaalude) , and nonamphata ni ne
stimulants. Tests for these drugs will be performed separately
from the FTA test. Such testing is outside the scope of the FTA
rsT,ilation and is entirely at the discration of the transit
company.
E. ALCOHOL
It is prohibited to conduct any transit business or operate
any transit vehicle while alcohol is present in the body. This
consists of the following which include alcohol:
1. Alcoholic beverages
2. Any medication containing alcohol
3. Mouthwash
4. Food or candy
5. Any other substance which may contain alcohol
F. LEGAL DRUGS
The appropriate use of legally prescribed drugs and non
prescription medications is not prohibited. A written prescription
from a physician which includes the patient's name, substance name,
amount, prescribed, and the period of authorization will constitute
a legally prescribed drug. Should the drug, whether prescription
or over -the counter in any way affect mental functioning or the
ability to operate machinery, use of must be reported to a
supervisor before performing a transit related function.
G. PROHIBITED CONDUCT
Alcohol Use
Under FTA guidelines an employee must not consume alcohol
while performing a safety -sensitive function, four hours prior to
performing a safety sensitive function, and up to eight hours
following an accident or until the employee undergoes a post
accident test, whichever comes first. As a part of Beaumont
Transit System's policy we require that no employee, safety -
sensitive or non -safety -sensitive, may consume alcohol within 4
hours of reporting for duty, while in uniform or on duty.
Furthermore no safety -sensitive employee may use alcohol in any
form during down time on a split run. Failure to comply will
result in disciplinary action up to and including termination.
Illegal Drugs
Use and ingestion of illegal drugs is prohibited at all times.
Transit system employees are prohibited from engaging in the
unlawful manufacture, distribution, dispensing, possession, or use
of conLr,D l lad subsLances in = a workplace :7n Xis _ani with he Drug
Free Wor::ol3oe A.t of 1933.
H. DISCIPLINE REGA?DING THE USE Oy DRUGS AND THE MISUSE OF ALCOHOL
Under this policy and as sat forth under FTA regulations, any
employee with an alcohol concentration of .04 or greater is not
allowed to perform any safety -sensitive duties until he or she has
been evaluated by a Substance Abuse Profassional and has passed a
return to duty test. An employees with a alcohol concentration of
.02 or greater but lass than .04 must be removed from duty for
eight hours or until a retest shows an alcohol concentration of
less than .02. Furthermore under the FTA guidelines any safety -
sensitive employee who has a verified positive drug test result, an
alcohol concentration of .04 or greater, or refuses to submit to a
test must also be evaluated by a Substance Abuse Professional.
Refusal to submit to a test include the following behaviors:
time.
1. Refusal to take the test.
2. Inability to provide sufficient quantities of breath or
urine to be tested without a valid medical explanation.
3. Tampering with or attempting to adulterate the specimen
or collection procedure.
4. Not reporting to the collection site in the allotted
5. Leaving the scene of an accident without a valid reason
before tests have been conducted.
The following disciplinary guidelines are not mandated by the
FTA, but for the purposes of this policy Beaumont Transit System
reserves the right to conduct disciplinary procedures regarding
drugs\alcohol as it deems necessary. These guidelines cover all
employees both safety -sensitive and non -safety -sensitive. As set
forth by the FTA, Beaumont Transit System will ensure that all
employees receive the opportunity for evaluation and treatment
should they have a verified positive test result. Evaluation and
rehabilitation will be offered to the employee even if the employee
is terminated. All employees who test positive for drugs\alcohol
while performing a safety -sensitive function will be offered
treatment in a rehabilitation program for the first offense.
Should the employee refuse the treatment program he\she will be
terminated immediately. Should an employee test positive a second
time while performing a safety-sansitive-zunction the employee will
be terminated immediately. Those who test positive_ while on
company property will be suspended pending an investigation by
management and dependent upon those findings the employee will
receive disciplinary action up to and including termination.
Should management have reasonable suspicion to believe that an
employee is abusing drugs or alcohol outside the workplace and it
is adversely, affecting his or her job performance, the company
reserves the right to require that the employee enter a Employes
Assistance Program. Any employee ,rho fails to comply with the
assistance progra.m at the rsques_ of managament is subject to
disciplinary action up to and including termination. Any employee
that refuses to submit to a drug urine test or a breath alcohol
test as outlined above will be terminated i7cmediately. An employee
that tests positive for drugs\alcohol aftar an accident will be
terminated immediately. The company has the right under FTA
regulation to test up to 32 hours for drugs and 8 hours for alcohol
after an accident. If an employee is charged with drug
traff icking, possession, manufacturing or use outside the workplace
he or she will be terminated immediately. Furthermore any safety -
sensitive employee or holder of a CDL who receives a DWI outside
the workplace and does not notify management within 1 day of being
charged will receive discipline up to and including termination.
I. EFFECTS OF ALCOHOL
A5 outlined by the FTA this section will cover the effect s of
alcohol misuse on an individual's health, work and personal life_;
signs and symptoms of an alcohol problem; and available methods of
intervening when an alcohol problem is suspected.
Health Effects
The chronic consumption of alcohol (average of three servings
per day of bear (12 ounces], whiskey [1 ounce], wine [6 ounce
glass]) over time may result in the following health hazards:
1. Decreased sexual functioning
2. Dependency (up to 10 percent of all people who drink
alcohol.become physically and/oT mentally dependent on
alcohol and can be termed "alcoholic"
3. Fatal liver diseases
4. Increased cancers of the mouth, tongue, pharnyx,
esophagus, rectum, breast, and malignant melanoma
5. Kidney disease
6. Pancreatitis
7. Spontaneous abortion and neonatal mortality
o. Ulcers
9. Birth defects ( up to 54% o all birth defects are
alcohol related).
Social Issues
1. Two thirds of all homicides are committed by people who
drink prior to the crime.
2. Two to three percent of the driving population is legally
drunk at any one time. This rate is doubled at night and
on weekends.
3. Two-thirds of all Americans will be involvad in a alcohol
related vehicle accident during their lifetimes.
4. The rate of separation and divorce in families with
alcohol dependency problems is 7 times the average
5
5. Forty percent of family court cases are alcoliol problem
related.
6. Alcoholics are 15 times more 111'_alv to coarnit sulclale
than are other segme.ts of the population.
7. More than 60 percent of burns, 40 oercent of falls, 63
percent of boating accidents and 75 percent of private
aircraft accidents are alcohol related.
The Annual Toll
1. 24,000 people will die on the highway due to the legally
impaired driver.
2. 12,000 more will die on the highway due to the alcohol
affected driver.
15,300 will die in non -highway accidents
4. 30,000 will die due to alcohol caused liver
5. 10,000 will die due to alcohol -induced brain disease
or suicide.
5. Up to another 125,000 will die due to alcohol-related
conditions or accidents
Workplace Issues
1. It takes one hour for the average person (150 pounds) to
process one serving of an alcoholic beverage from the
body.
2. Impairment in coordination and judgement can be
objectively measured with as little as two drinks in
body.
3. A person who is legally intoxicated is 6 times more
likely to have an accident than a sober person.
Signs and Symptoms of Use
1. Dulled mental processes
2. Lack of coordination
3. Odor of alcohol on breath
4. Possible constricted pupils
5. Sleepy or stuporous condition
6. Slowed reaction rate
7. Slurred speech
Methods of Intervention
1. Develop an effective Employee Assistance Program
to aid in the counseling of employees with alcohol
related problems
2. Drug and alcohol rehabilitation treatment (2 types)
A. Intensive Impatient Services: Treat people with
physical and/or psychological complications.
B. Intensive outpatient services: Treat dependent
6
patients w o have fewar physical or psy::aological
complications .
J. TESTING PROCEDURES
It is the policy of Beaumont Transit System zo follow the
drug\alcohol tasting procedures that have been laid out by the FTA.
Beaumont Transit System will strictly adhere to all standards of
cont idantiaLity and assure all employees that tasting records and
results will be released only to those authorized by the FTA rules
to receive such information. Furthermore should Beaumont Transit
System wish to test it's employeas for drugs other than the five
specified by the FTA, it will perform these tests separately from
the FTA test. Such testing is outside the scope of the FTA
regulation and is entirely at the discretion of the transit system.
R. DRUG TESTING
All drug testing will be done through urinalysis. All urine
specimens will be collected at a appropriate collection site. A
collection site is a place designated by the employer where
individuals present themselves for the purpose of providing a
specimen of their urine to be analyzed for the presence of drugs.
The collection site must meet the Department of Transportation
guidelines establishad in "Procedures for Transportation FTorkplace
Drug and Alcohol Testing Programs" (4-_9 CFR part 40) . All drug
testing under the FTA regulations must be completed in a laboratory
certified by the Departmant of Health and Human Services (DHHS).
111 testing will be conducted consistent with the procedures put
forth in 49 -CFR part 40, as amended. All test results will be
reviewed by a qualified Medical Review Officer (M1RO) and for all
specimens that test positive, a confirmatory Gas
Chromatography/Mass Spectrometry (GC/MS) test will be performed.
Also if an employee has a verified positive drug test they will be
advised of the resources available to evaluate and resolve problems
associated with drug abuses. Though the company maintains a policy
of termination for anyone testing positive they will afford the
employee the opportunity to be evaluated by a Substance Abuse
Professional (SAP) as mandated by the FTA.
L. ALCOHOL TESTING
The' FTA regulation (49 CFR part 654) requires that the
employer conduct breath alcohol testing on safety-sansitive
employess consistent with the provisions set forth in 49 CFR part
40. The breath specimen must be collected through the use of an
evidential breath testing device (EBT) that is approved by the
National Highway Traffic Safety Administration (NHTSA). The test
must be performed by a breath alcohol technician (BAT) The BAT
must be "trained to proficiency" in the operation of the EBT he or
she is using and in tha alcohol testing procedures specified in the
regulations. The alcohol test will be conducted at a site that
7
pro v ides privacy to the ? ndividual being tested. Noon arrival at
the site ti a emDlolee must Provide positive id=_: tificati on to the
u -T. Aftar the =as:ing procedures are e,-plain=_d to the employee
the employee and the BAT must completa,data and sign an alcohol
tasting form. The SAT will than condact- a screaaing test. If the
result of the screening test is less than .02 no further testing
will be required and the test will be reported to the employer as
negative. If the alcohol concentration is greater than .02 a
conf irmation teat will be performed. If the initial and
confirmatory tests are not identical, the confirmation test result
is deemed to be the final result. Policy regarding alcohol
concentration, refusal and removal from a safety -sensitive position
were discussed in section H.
M. TYPES OF TESTING
Six types of testing are required by the drug and alcohol
rules.
I. Pry-amploymant
2. Reasonable suspicion
3. Post -accident
4. Random
5. Return to duty
Follow-up
In alditi on the these six types of testing Beaumont Transit System
is also required by the FTA to perform blind sample testing as a
quality assurance measure for the testing laboratory.
Pre-Empl.oymen_t
FTA regulations (G. S. 653.41, 654.31) require that all
applicants for employmant in safety -sensitive positions or
individuals being transferred into safety -sensitive positions must
be given pre employment drug tests. Employees may not
be hired or assigned to the safety -sensitive position unless they
pass the tests. Participation in the system's prohibited substance
testing program is a requirement of each safety-sensitivs employee
and, therefore is a condition of employment. Beaumont Transit
System will test not only safety -sensitive employees but non -
safety -sensitive employees during pre-employment. Any prospective
employee who tests positiv? for drugs/alcohol during pre-employment
will not be hired and will not be allowed to apply for a position
with the transit system again. Any employes who wishes to transfer
into a safety -sensitive position and tests positive is subject to
disciplinary action up to and including termination.
Reasonable .Suspicion
The FTk regulations (G.S. 653.43, 634.37) also require a
safety -sensitive employee to submit to a test when the employer has
reasonable suspLcion that the emnloyea ha3 used as prohibited drug
or has misused alcohol as defined In the rajulatiDns. The request
to undergo a reasonable suspicion test mus z be ;based on spe'citic,
contemporaneous, articulable observations concerning the
appearance, behavior, sp?eich, or body odor of the safety -sensitive
employee. Managers who will be called upon to make this
determination, must be trained in th3 facts, circumstances,
physical evidence, physical signs and symptoris, or patterns of
performance and/or behavior that are associated with use. Managers
must be fair and objective in requesting reasonable suspicion
tests.
Post Aciideat
FTA regulations (G.S. 653.45, 634.33) require testing for
prohibited drugs and alcohol in the case of certain mass transit
accidents. Post -accident testing falls under two categories fatal
and non-fatal accidents.
1. Fatal Accidents
Whenever there is a loss of human lifer, each surviving safety -
sensitive employee on duty at the time Of the accident must be
tested. Safety -sensitive employees not on the vehicle (e.g.
maintenance personal) , whose performance could have contributed to
the accident (as determined by the transit agency using the best
information available at the time of the accident) must be tested.
Beaumont Transit System will reserve the right to test non -safety
sensitive employees should they be involved in or contribute to a
fatal accident.
2. Non -Fatal Accidents
Following nor. -fatal accidents involving a bus, van, or
automobile, employers shall test each safety -sensitive employee on
duty in the mass transit vehicle at the time of the accident if the
employee received a citation under State or local lard for a moving
violation arising from the accident. Safety-sansitive employees in
non-fatal accidents involving railcars, troLley cars, trolley
buses, or vessels on duty in the vehicle at the time of the
accident must be tested unless their behavior can be completely
discounted as a contributing factor to the accident. For non-fatal
ac-cidents, the employer shall test any other safety -sensitive
employee whose performance could have contributed to the accident,
as determined by the employer using the best information available
at the time of the accident. It will be noted that Beaumont
Transit System reserves the right to test non -safety -sensitive
employees in non-fatal accident situations if they were involved or
contributed in some way.
Post -accident drug and alcohol tests must be performed as soon
as possible. Drug tests must be performed within 32 hours
following the accident. Alcohol tests must be performed within 8
9
hDurs of tha a ::cidant .
Random Testing
The FT?, (G.S. 553.47, 654.35) requires random tasting of dugs
and alcoRol for all safety-san s'tive employees. Linder FTA
gu idelinss transit agencies must use a scientifically valid random
number selection method to select safety-sensitiva employees. For
Beaumont Transit System purposes, we will use a computer based
random number generator that is matchad with safety -sensitive
employees' identification numbers. At least 501. of the total
number of safety -sensitive employees subject to drug testing and
259.- subject to alcohol testing will be tested each year. The test
dates will be spread reasonably throughout the year and the transit
system will use precaution not to establish a predictable pattern.
The process will be unannounced as wall as random. All safety
sarnsitive employes in the random pool will have an equal chance of
being salectad for testing and shall remain in the pool, even after
being tested. All non -safety -sensitive employees that Beaumont
Transit System wishes to random test will be placed in a separate
pool and tested under the authority of Beaumont Transit System, not
the DOT's or the FTA's.
Ra tern to Duty Testing
Befora any employee is allowed to raturn to duty to perform a
sal qty -sensitive function following a verified positive test
result, an alcohol result of .04 or greater, a refusal to submit to
a test, or other activity that violates the regulations, that
employea must first be evaluated by a substance abuse professional
and pass a return to duty test (G.S. 653.49, 654.39). The test
result must be a verified negative drug test result or an alcohol
test result of less than .02 before the employee will be allowed to
return to a safety -sensitive function. Should the situation arise
where an individual will be allowed to return to duty after testing
positive, Beaumont Transit will strictly follow the FTA's
guidelines concerning return to duty testing.
Follow-up Testing
Once allowed to return to duty, an employee shall be subject
to unannounced follow-up testing for at lust 12 but not more than
-- - 50 montha: -TYia fr?quan�y and duration of follow-up testing will be
recommended by the substance abuse professional as long as a
minimum of six tests are performad during the first 12 months after
the employee has returned to duty (G.S. 653.51, 654.41). Employees
that are subject to follow-up testing will remain in the random
testing pool and will be tested when their names come up. Should
the situation arise Beaumont Transit System will follow FTA
guidelines on follow-up testing.
10
B11iid Perfornanoe Tas Lir_g
In addition to the S4X major eMployea testing categories
described above, Beaumont Transit System will perform blind sample
prOflCi- . testing as a q'..lallty assurance .TLeasure for the testing
laboratory (G.S. 40.31) . Under this FTA requirement, the employer
will submit three quality control specimens to the laboratory for
every 100 employee specimens sent for testing, up to a maximum of
100 blind samples per qua --tar.
11
BE' UMONT TRANSIT SYSTEM
SAFETY SENSITIVE FUNCTIONS
Fixed Route Bus Driver (Full Time or Part time)
Shuttle Driver ( Either Bus Or Van)
Charter Driver ( Either Bus Or Van)
Mechanics (A y B)
Bus Washer/Fueler
Service Employees
Mechanic's Helpers
Any Employee Operating A Handicap Service Vehicle
Manager (When Performing a Dispatch Function Or
Supervising a Maintenance Function)
Assistant Manager (When Performing a Dispatch Function Or
Supervising a Maintanance Function)
Sacratary/Recaptionist(when performing a Dispatch Function)
Office Manager (whan performing a Dispatch Function)
Dispatcher
Parts Room Clark (When Performing a Dispatch Function Or
Supervising a Maintenance Function)
Shop Foreman
12
Ynv-��astio �s
rs�3r3ing Lhis po'_ior or any
other asp_c= of
the
drug-fr_a and
slcohDl-traa transit p-rogram
should cDnt3ct
the
iollowing transit
system representative:
PROGRA-M LNUISA�37_R
Name: William J. Munson
Title: General Manager
AdIress: 550 Milam
Beaumont, Texas 77701
Telephone Humber: (409)035-7395
Fax Number: (409)092-4053
MEDICAL REVIEW OFFICER
Name: Dr. John S. Vardiman
Address: Diractor, Beaumont Industrial Clinic
Telephone N�Lmaber: (409)835-0074.
Fax Number: (409)332-7034
SLBSTIL"TCE ABI SE PROFESSIONRL
Name: ?ending
Title:
Address:
Telaohone Number:
Fax Number:
13
C i_AN iiL L
B%AUMO NT T. �NVS 1 S STED-A
-A—I C 0 H 0111 —N -D S U. 3STAN CE —BI SE PvLIC -
iieCtl �'� r'Iaf 1, 1999, L e tollowLn� char :es will be imptemented to the Beaumioat Transit
Sys','.--,Ln'-3 Alcohol and Substance Abuse Prograan:
RECORD SEC I-PRIMi :
All records pertaining to the alcohol and substance abuse tasting and training of Beaumont Transit
employees will be secured in a loci-= file cabinet to be located in the General I3nager's o>iice.
Only the General Manager, Assistant General Manager, and Office'Nl.anagar will have a key to the
filing cabinet.
All incoming records will be given to the General Manager by either the Care Nlaaager or
.,sistarlt General Manager for review. Al=ter nn iewing the records and tai ag any required
action, the General Manager will properly file the records in the locking file cabinet. The Geral
tilanager will be resp �nsibla for the security and retention of all per-Enent records.
Keys w -M only be issued out by the General ,,ianager. r for any reason any one of the three
individuals having access to the records should lea,je employment with Beaumont Transit, or
moire to a job pose, o not having access, the General -NI ar_a;er will collticz their key ( A-ssi3tI t
General Manager it collect General Manager's ley if he should leave), and the lock on the file
cabinet will be chanaed as a precautionary safety measure w-itb new keys being issued out.
RECORD RETENTION.
All records pertaining to alcohol and substance abuse testing and training of Beaumont Transit
ernpl_oy ees will be retained on file for a minimum of five (5 ) years fi•om the date of occurrence,
BL—TN-D !'ERLFOP- TA-�NCE TESTENG:
Urine samples will be sub-,-.u-,t--d to the Smith Kline Beecham Laboratories through the Beaumont
—--Inusial-Ciirdc fir b Luid performance tasting_ Three (3) b ,d sa=rnples will be submitted for every
100 employee samples submitted for testing as required by FT-Vregulatioas.
Urine samples will be obtained by a qualified provider and submitted to Smith Kline Beecham
Laboratories through the Bea --moat Industrial Clinic using fictional ernpioJee aarnes in the normal
manner that actual samples are submitted. The results �Mll be reported back to Beaumont Tra.rsh
through the Beaumont industrial Clinic. Arty wroag readings on a subrutted blind sample ( i.e.
positive on a ae;a.ive sample or nega.tivv on a positive sample) wit be reported to FTA
mrnediately as required by MEN rema.lations
CELS - GE
B B L-MONT TRANSIT SYSTEM
ALCOHOL ND SUBSTANCE ABUSE POLICY
The Beaumont Lidustrial Clinic, has closed and therefore effiecti-ie immediately, Occ,"�Ied
Systeras,184.5 IH 1:i South, 77707, (-1,)9)84()-9917, will be the new clinic used by Beaumont
Transit for DOT physicals, drug screens, alcohol screens, and on elle job injuries.
In additioq Sadth Kline Beecham rill no loner be used as the testing, laboratory, but et%ctive
i mrnediatelr, Kroll Laboratories, 1111 Nawtoa Street, Gretna, LA, 70053, (304)361-8939, will be
used as the nsmg Laboratory.
The new Medical Review Officer GIRO) will be:
Ltacne: Dr. Brian N. Heinen, Jr.
:-address: 301 'LvIar;.nLuther Kin,Dr.ve, Eunice, LA70-533
Telephone �;umber: (337)457-33 3
Fax Humber: (504)361-3939
CHANGE 3
BELA SIONT Mz +SIT IS TE I
�'.. C01HOL AND ST'BST��_`wCE� �j SIE �'Oi��C a
Occ-Nted S stem has cased and therefore Lfecti; iir!�:�iiirely. Beaumont `est tiLdical, 4-171
Calder, Beaumoar, T�_ias, 77706, will the new cliaic used tur DOT p11%slcals, dimsg jcr ens,
alcohol iestin?, and on the job injures.
La addition, Kroll Laboratories will no Lon,Ter be used as the urine Sample testin-Y faciliy, and
effective immediately, One Source T xicolr✓, 1313 Genoa RLd B1uY Road.., Pasadena, Texas,
7750-4, will be the new testing facility.
The new tiledic.al Review O -j-1ca (tiaO) will be.
Dr. James L. Davis, NID, PA
Beaumont West Medical
r-. , Calder A��enua
Beaumoat, Texas 77705
(409)856 -08>6 -Office
(4+)9 )866 -0136 -Fax
B i..79. UN it y,j� Y�tr, '1IND S '(;_.L $-. TR -A` S1TS S 1L
w{",i
As a resrilt of the F-zderal Transit Admini��ration's Office of Safety and Seclirit;� Dry and
_alcohol Compliaace audit, conducted through 10106106, the following
changes/revisiors are made the Beaumont Nfunicipal Transit System's Drug and _alcohol Testing
Policy :
1. A covered BMT employee shall only be randomly tested for alcohol misuse while the
employee is performing safery-sensitive functions, just before the emplo fee is to perform safety -
sensitive functions, or just a Ler the employee has performed such tinction. The same applies to
reasonable suspicion alcohol tem ing.
?. VvIen a cover --d employee or appucant has not performed a safery seas,
tis_Ctinn
for 90 consecutive calendar days regardless of the reason, and the employee has not been in the
Beaumont Transit random selection pool during that time, then BMT'will enSU're that the
employee or applicant takes a pre-employrnent drisg test wLi a verified negative result.
3. Post -accident testing roust meet all the FTS. threshold; and d,.7 alcohol time testilg
limits as outlined in Part- 655.P. - li BNMT employees are regiL-3d to make thernselves "readily
ava. i. blv'�' for testing after any accident and 'will r'mai.n availabte Whit tney have been tested, or
clear --d not co be tested, by rrl' grement.
. z soon as possible following an accident involving any Bi 1T vehicle (bus, paratransii
vehicle, track, or automobile) and causing the loss of Inman life, BNIT W-111immediately drag
and alcohol test each covered employee operating the vehicte involved and any other covered
employee whose actions could hays contributed to the accident. vVhen an accident occurs with. a
BAIT vehicle and there is no loss of human life, t1lea E VIT will as soon as possible drug and
alcohol test each covered employee operating the involved vehicle, plus any other covered
employee whose performance could have conuibuted to the accident, unless it is deterrn?-ted by
management using the best information available at the time of the decision, that the covered
operator's or other covered employee's performance can be eornpletely discos -:cited as a
_. contributing factor to the accident.
5. The consequences for a covered emptoyce who has a verified poaiuve drug test, or a
Dositive alcohol test with an alcohol concentration of .QT or greater, or who refuses to submit to a
test under =19 CFR Part 40 Section 655. 13, will be irrilmediate removal tom his or her safet-
serisitive function and evaluation by a substance abuse professional.
This statement wilt Serge as ctarlll,atioa that 'ID -MT, LR Qeneral, does have a second
chance policy for covered employees who test positive for drugs an&lor aLohol. Howe ;cr, each
individual situation wilt be evaluat_d on it's otxn merits, and B\,. -[T reserves d;.` right to te=inate
any ct, tired ernplov_e Who tesr_s rosin : e Coo drugs wid'or alcohol the first tial- with.,��t <-,`f_rir__ a
L-' a 3',Cond chance is otitr2d_ t:�� . i '� ;j. - pos <<
tee _�ver�u en_pLo+:-ee -h+ � te;_e:i _+��_. �r
_'i7hz�r dr1_3 an• ".')r? --oh•-DL tvill be LIIL1 diatel"y' r:n;o +i tr_`rr: bear ate'^-se^.=i
=nvalu.ted by a subsrarice aLouse pro f--ssl-onal, and -?,� o +u lined in CFR P:a_ 16 ,v ia'
be fold.
5. X11 references to y CFR Parts 653) and 55- .�1 1 be disregarded. _-ll dru- and alcohol
testing will be conducted nadir _419 CFR Part o». L IT shall re�1�a re e-;ery coVeredemplo;ee to
submit to a post-accide.t mug and alcohol test required under Section. 5».-1-1, a random drug and
alcohol test required under Secrsoa 0'55.45, a reasonable suspicion drag and alcohol to required
under Section 655.3, or a follow-up drug and alcohot test r2quirt-d under, section 653.47. BN.
will not permit any covered empLoyee who refuses to submit to any of the above Lsttd testing to
perfolzn or continue to perform safety -sensitive 5inctions.
7. It shall be the policy of B' -,,IT that any covered employee who produces a diluted
negative urine specimen will be required to take a.L�other test I MMediatet;� under non -observed
conditions, unless there is another basis for the use of direct observation. as listed under Section
0.57. This retest policy will apply to all types of testing and to all covered employees. when
notified for a rete, each covered employoe w-il-1 be gi ;: n the rninzaum possible advance notice
that he or sh e is to report to the collection site. The result of the second test, no that of the
original t-st, will become the test of record.
S. Under B -MT's policy, it is considered a refusal to taste a drag and for alcohol test if t1he
employee fails to remain at the drug testing site until the testing process is conplere. Provided,
that as Who leaves the tein g site before the testing process commences for a pre-
e-nployrnent test is not deemed to have refused to tea
9. Under BMT's policy, it is considered a refusal to tape a drug anw'or alcohol test i the
employee fails to undergo a medical exa- minatioa or evaluation, as directed by the NNEKO as par
of the verification process, or as directed by the DER ender Section _0.193(d). In the case of a
pre-employ-Eneat test, the employee is deer_aed to have refused to test on this basis only if the pre-
emplovrn.ent test is conducted following a contingent offer of employment.
10. Under B [T policy, it is considered a refusal to take a drug and/or alcohol test If: the
emplo,yee fails to cooperate with any part of the testiyng process (c.g. refuses to empty pockets
when so directed by the collector, behaves in a confrontational way that disrupts the collection
process, etc.).
11. It is consider-zd a rehlsal to take a drug test if in the case of a dlreetty observed or
monitored collection, the employee fails to pe=, himself or herself to be directly observed or
monitored during the collection of "the specimen.
12. It is coasidered a refusal to take a drug teS�. if ti ? :mpl+�;% L31Ls GC decllreS to take a
second test when direct. -d to do so by the enlpLoyer or collector
L 3. It is �+�rVi.�l�re�l a r.tt.3•al to tu`e a d^1+, t�s ;lruh.-- i ern0 � •t i ff _P �
' _ _ _L _L _�� r_piJL-3 �.Li L:Ld :tilv'l+)`�.�•_ :133
3 C �,,,L�d
L4. Ir i3 -.-ocj3.der�d 3 rtf-Lsa i- th? employee tai s or de -clines to sign- "at _'rte ,_3i:.'r a:
Jt'n 2 oft ;v _-ATF as olailLn_ed in See tiow 11)_2 11 and 4il.2 j 1id).
15. IL 3 1 oa-DOT 9aad. or alc0i_oL t --St i3 r2iljc d- to be talC_n by a'u 2M_pLT';l2e, or a naa-
DOT form i3 rift--6ed to bz sizaed, thea under thi3 po Licv .you hat,'. aot r�rised a DOT t--st a.'ld
ther-2 ars ao coclseglaences Bader DOT azency requladoas. Hov,.ever, riu3 d:,cs r_ot � L2rn t
eazplovaes &OM coasequerc;�s limier other ?rrpLoyer policies.
C H A jN GE S
5 E A1N10IlT MUi`IICIP.4LTRAi1'1SiTSYST=IN, I
.ALCOHOL AND SUBSTANCE ASUS= POLICY
Eii-2ctive immediately, Beaumont Transit's Substance Abuse Processional (SAP) will be:
Madeline Alford, LPC, LCDC
Ra;ents Park
85 IH -10 North, Suite 100A
Beaumont, Texas 77707
Phone: (409)839-8233
FAX: (409)839-44,39
CHAiNGE b
Ku:,-UMON T M UNICI PAL TR.AINSIT SYSTEM
ALCOHOL AND SUoSi.Ai+1C-!: a5USE POLICY
Eif active immediately, Beaumont West Medical has changed their name to XPRESS CAREC.
CHANGES
BEAUitiIONT MUNICIPAL TRANSIT SYSTEM ALCOHOL
AND SUBSTANCE ABUSE POLICY
Effective immediately, all behaviors listed in 49 CFR, Part 40, as amended, as constituting a
refusal to take a required drug and/or alcohol test by a safety sensitive employee, shall be
considered a part of the Beaumont Municipal Transit System's Alcohol and Substance Abuse
Policy. Any employee exhibiting any of the above listed behaviors shall be charged with a
refusal to take a required drub and/or alcohol test.
CHANGE 9
BEAUM®NT MUNICIPAL TRANSIT SYSTEM ALCOHOL
AND SUBSTANCE ABUSE POLICY
The Substance Abase Professional (SAP) has moved to a new address. It is as
follows:
Madeline Alford, MED, L.C.D.C., L.P.C.
1485 Wellington Circle, #102
Beaumont, TX 77706
(409)861-1930
ORMS
BE,"01MON T NI UNICPALT',a.i ISIT SYST-111;l
A' -COI -.OL AND SUBSTANCE ABUSE POLICY
A. Acknowledgement of Employer's Drug and Alcohol Testing Program
B. Prospective Employee Release of Information Form
C.
Occupational Testing Authorization Form
D. Reasonable Suspicion Decision Documentation Form
E. Post Accident Decision Documentation Form
APPENDIX A
Beaumont Municipal Transit System
Acknowledgment of Employer's Drug and Alcohol
sestina Procyram
I, , the undersigned, hereby acknowledg that I have
received a copy of the Beaumont Municipal Transit System's Alcohol and Substance Abuse
Policy as mandated by the United States Department of Transportation and Federal Transit
A;rninitration for all covered employees who perform a safety-sensiavt function_ I understaad
dais policy is r--T-sired by 49 CFR Part 65 5, as amended, and has been duly adopted by the City of
Beaumont for the Bea=ont -funicipal Transit System. Any provisions contained herein which
are not required by 49 CFR Part 655 or 49 CFF. Part 40, as amended, that have been unposed
solely on the authority of tue employer are designated as suca in the policy document.
I further understand that re^..eipt of this policy constitutes a legal notcanon of the contents, and
that it is my responsibility to become familiar with and adhere to all provisions contained therein.
I will seek and get cla�rificadons for any quesnons from the employer designated contact person
or persons. I also understand that compliance with all provisions contained in the policy is a
condition of my employment.
I fiu'her understand that the mi ori.nation contained in the approved policy dated
is s-lbject to change, and that any such caangs, or addendum, shall be give to me in a manner
consistent with the provision of 49 CFR Part 655, as amended.
Signature of Employee
Date
-- Signature of tivitaess Date
APPENDIX B
v e_.� l.i � �.: 3 = �
� 4 J i ;7 '3 ?
c i;i i3
.
1 Yi i� iii t -'0
Drug
and
��ac�ohol Testi ,"�3i��
Sect;ori 1. To be compl?ted by t;?: new employer, signed by .1 -ht trnpio, to and transmitted to the pr, 'vio s
empio_:er:
Prt1:ems or T,.ped Name
SS r ID \i am bl-tr:
;1e; ,,, sut�horze rl a e of informacon from my L-pa.m,nr ofT.-anmOrtadon reg-.1'.ated Jr -13 and 11cohol tesrina, msork �y
-ay previous --mrlorr, listed in S2 a. r. f--3, to rhe empioyer Listed in acction.-A. iris ra:ase is :n accordance with DSD T
r_e-.-+:lacion :�9 CFR Par' 4-13, Sccdon 1123. l understand [.hat infornadon z ie released in .;ec:ion ff-.d by n;y previous; :mpioyer,
is limited :o the tollowing DCDT-re;ltaccd resting iteru:
I . .'_:cohcfte,� with a result of 0.04 or higher,
3. V" -,rifled positive drug t ---s;
3. R efusa:s to be tested;
4. Other violarions of DOT agency drig and alcohol m=dng regulations;
5. Information obtained 57om previous employers of a drug and alcohol elle violation;
o. Docurnenration, if any, of completion of the return-to-durf process following a rule violation.
Employee Siggr:ature.
I -k.
iew Employer Llarna:
,A-jdr,2ss:
Phone T:
Designated Employer Reprasentarive:
I -B.
previous Employer Name:
Address:
Phone T.
Desigaand Employer Representative (if Imo vnl,:
Fa:c T:
Date:
Section II. To be completed by the previous employer and transmitted by mail or fax to the new employer:
II -A. In rhe two year prior to [he date of he employee's-igna=—, (in Section 1), for DOT-rgulated testing –
l. Did t`rt employee have alcohol tests with a result of 0.04 or higher? YES il0
?. Did the employee have verified positive drug tests? YZS NO
3. Did the employe-. r-.ilse to be tested? YES NO
4. Did the -.mployee have other violations of DOT agency dnig and
alcohol t -.sting regulations? YES N0
5. Did a previous emptoyer report a drug and alcohol rule
violation to you? YES 140
5. If you answprsd "yes" to any of the above items, did the
-.mploy�--e complete the return -to -duty process? Ni YES NO
;`[DTE: If you answered "yes" to item .i, you must provid-, the previous; employer's report. Ij you amwer'ed "}yes" to item 6, you
rnu_-t also trarsm_it the appropriate return -to -duty documentation (-2_g., S'. -L.° report(s), follow-up testing record) -
[I -B.
Mame or person providing information in Section II -A:
Title:
Phon: = -
Dat-.:
Address Which To Return Co;,_.pleted Form:
B,a=oat Muakipal Tramit S st=
nrr„• U.';11;nrr% ( \;Iiin:nn (i.,npr•aI Llan:a,r�r
Beau, mont Transit Contacts:
Officp- (409)S35-78")5
FAX (40 1) , R 5-799 )-
APPENDIX r
t . 1 a v.r 1 1f 1. J J J.. - ,
Af 'f
CA% C E::�iTERM
.,ai w3 ? th i+^. oof E_.I -i bit �xr a'.wr =...�'"-''�`�'•�_
?�j�.3:~��? -^Ta vli iv. _�s.�;iai':�:i�>n
at Ti e of - T Jil*
Pabant 'Name:
Coli Apa tf-
' l -
COMDany Address:
S S Irl:
D2t3 c, 1; B;r'l"�:
. . D&:a of
Corrmparr Contact: Co. Phone:
Billing:
Fmpiyv"c To Pay Ae i irne of Ser'/icu
cmpioyer (See Address Above)
Workers. Compensation
Ins. C{i:
Policy #r:
Phone , :
.Claim -:
=VorJK Ralatad:—Irliw-1
Date of Injury:
Rapid Urine Drag Test
(net racommended ifir infuries j
?os:Accider'it Drug Test- DOT _ Mont -DOT
POs �c.,ideF a of �a=J i ,-'��ICC iC( T?St
Post AAcddennt !-lai raiysis
LIGHT DUTY IS NVAiL.ABLE
R=Lurn to ` -Jor'k _valuation:
Job Title:
(Please Provide Job Descripbon
Occupational Injury.
Non-Occupationa-1 Injury
special
InstrLu&fl'ons:
ALi-thort`--d 8y (Orin;
Tf _sthm
o �� min
.andana Tastili;§ Raasor talbi Suspi �E
Urine Drug Fest: _DOT _Non -DO I
.arid Urine Drug CCheclm,
_
Braathi Alcohol Tast
Hair Analysis
Pr,-PI;'•pioymen t sa=, �flces: i
_ Urine Drub Test _LOT _Non -D -0T i
Rapid Urine Drug Check'
Braath Aicot of Test
Hata Analysis
Physicals: _DOT _DOT Re -Car;. Basic
Physical Par►formancL Evallua�oa �
(please Provide Job Descriptic,i
— Respirator pit Testing:
Qua1ita6-;e
Quantita}„e: Mask, Type:
_ Pulmonary Function
Audiogram: _DOT _OSHA Consa, taiion
Blood T1s7r tg:
CSC, SivtAC
_ ieawy Metal: (specifyl
TB Skin Test
X-rays: — Chest _ S -Reed
`fsiaTaStir)g:
`/hall C. art i-2 C:cilor
Tte:
Sigraw Data:
,;PPcNDIX D
3= t� x i .,ni P aI T rain,sit Sl Zvi
Sit on DLA -u ml IB t 01
1. N.ame :)I Ernrl)yte
?. Emt7l.Dvee tiumber.;Position
3. Decision to Test* FTA Authority — Yes — 'o
Company Authority _ Yes _ NO
Tine, Da7u� of Decision to Test
5. Type of Test _ Drua _:alcohol
b. Did the Alcosol Test Occur iMora- Trm 2 Hours F ollo-yinq the Observations That Leri to
Per for:rin� the Test's
Yes _ No
if Yes, Explain
7
If No Alcohol Test Occurred Because of More Than S Hours Elapsing Following7
Observations That Led to the Decision to Test, Explain
8. Suoer.isor Malci.r_a Decision
9. Not,5,-adoa of Test
10. Test CondLl.Ct�d
Time/Date
Dru,: Ti, -I
Alcohol T'une,'Date
L 1. «,-as the Decision to Drug- 3n�d.`or Alcohol Test Based on SQeci_ e, Contemporaneous.
Axrticul3ble Ob3ervation3 Concerning the Appearance, Behavior, Speech, or Body Odor of
the Saftf-v-S-nsir- eve Ernployec? Exptain
tr_ T:�er- an°: 5peciric lacideats or Corapla:ius Co-v'Vork_rs ,x Passengers Duri.Ig
the V orkday 4 iich Raised Suspi3ior, and VV, -r.! Thzs.- LacL4z4t3 or Complalars Full`
Ln`i tsrlo-attd by the Super -visor? Explain
i3. li the Employee Lndicated Recent Use of Prescription or O,ier-the-Count:r Medications,
T"nen Please Complete a Confidential Medical Report.
1-l. Ober Comment
Saper-visor Sig–_-ia:urt Dare
*'Tota: The decision to teat under reasonable suspicion should be 3ble to -pass the "reasonable
pnsdent individual" test, which simply means a similarly sand e-cperimeed supervisor, beiag,
reasonable and prudent, and having observed and noted dia same facts, signs, and circumstances,
could have raached the same conclusion. Hunches and "Tit feelin?s" art not valid in
determination. A reasonable suspicion referral must be based upon a trained supervisor's
specific, coatarnporaneous, attaculable observations concemm— the 3opearance, behavior, speech.
and'or bod-: odor of the cover_d employee.
APP,-NDIX E
r -
L
Bealumuunt Muni,: .21 n5ft
03t-Accidt-Intr iuig win: A3c0h0j T,,Q
Dccisiuwa DOcs1menuitioa Form
1. A-3cideut Repor{'Nurniber,
?. Location of Accident
3. Accident Time/Dat-,
4. Report Time; Date
J. Name of Employee
5. Employee Number,'Position
Result of �•�CL1-,nt _ Fatalit
Disabai z Damagr?* to One or tilor-, Vz cies
( Bus, Van, Paratraasit, Truck, _Auto )
— Remove From Revenue Service ( Rail Only)
IL.j� sy i' egLirir.� Immediate Transport to
Medical Facility
Employ _ Other Vehicle
— Pass -,ng -,r — O Lher, Speci.f
S.
9.
Was the Employ--,-- Sent for a Post -Accident Test'?
If No, Explain.
10. Decision to Test
11. Type of Test
12. Supervisor Makin -,g Dtision
FTA Authority
Company Authority
— Druz
_ T es No
_ Yes No
Yes _ `; o
alcohol
14 Test C, ,i.ducteu Dn T me- Da -e
_ad --- oh`,i: Tim_-; D -e
15. Did the AlcohoL Test Occur Mor_ Tha.-a ? Hours Fro -r t;_e Time of the A_c i.nc'
Y -s No
Ii r"es, Explain
Lo.
[I' ---\,o Alcohol Test Occu:�cd Because of '[or- Than 3 Hour Elapsing From Time of
Accident, Explain.
1?
Did the Emplc-vee Leave the Scene of the Accident Vviihout J,Cattse?
-s lNo
Exp13;n
18. T No Drug Test Was Performed Because 3? Hours Had Etap sed S ince the Tirne of the
Accident, Explain
19. If the EmpLo-y-:�-e Indicated R-ecent use- of Prescription or 0�-: r-the-Cortnter :� ledicatior'�;
Then PL�ase Complete a Confidential Medical Report.
20. Other Comments
1. Super-,isor Si_mature -- - Date
* Note: Disaolir.? damaa:—, means dama,.7e, which precludes dep:3rnare of any vehicle. Corm the-
scene
hescene of the oc:urren,3e in its usua- 1 manner in da,yLi?ht after simple repairs. Disabling dama_e
includes d.111igCQ . �L-ii-1--S that could ha"v- been opi-ratcd but would haves begin burth�'��a�
r dz.1
If s� ,reLa LL, bUt 1xs •,t i_1,1y,if Ml,
r4� �•...-ten �a -��-��r �� �l {.•�i. if rl: .i..� nl.arv+�i+` (� -i��li�( •.",,.j rn*•� ( ��� �...
.V Jl.. 1. uy�_4:. �. 441:—: I Li.ta� tl, �_ L) O. r �..�. _ �.zv_._4:.... \ l.ta� A_ '.— _ L !'_l_ L_
Y 3ilaH_..,-)r d=u--: nam signals, E_ , a. ,r �-v;adslhne[dw-'Terrs--
dl aL raaa�;�s
CHANGE 10
BEAUMONT TRANSIT SYSTEM
ALCOHOL AND SUBSTANCE ABUSE POLICY
The clinic used for the collection of urine samples for DOT drug testing, DOT alcohol
breathalyzer testing, and DOT physicals is now:
NOVA Medical Center
3817 Stagg Drive
Beaumont, Texas 77701
(409)866-0856
The lab used to test the urine samples is still:
One Source Toxicology
1213 Genoa Red Bluff Road
Pasadena, Texas 77504
(888)747-3774
The Medical Review Officer (MRO) is now:
Dr. Wayne F. Keller, M.D.
1213 Genoa Red Bluff Road
Pasadena, Texas 77504
(888)747-3774
BEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS DECEMBER 22, 2015 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance providing for the renumbering of Chapter 6, Article 6.06 of
the Code of Ordinances Pawn Shops and Pawn Brokers to Article 6.11 and
adopting a new Article 6.06 of the Code of Ordinances to provide for
Transportation Network Companies
2. Consider a resolution authorizing the purchase of a paving machine from Romco
Exchange Co., LLC of Dallas
3. Consider a resolution authorizing the purchase of a street sweeper from Kinloch
Equipment, Inc., of Houston
4. Consider a resolution authorizing the purchase of three backhoes from Mustang
Cat, Inc., of Beaumont for use by the Streets and Drainage Division and at the
Sewer Treatment Plant
EXECUTIVE SESSION
* As authorized by Section 551.087 of the Government Code, to discuss and
deliberate economic development negotiations regarding Enterprise Beaumont
Marine West, L.P.
5. Consider authorizing the City Manager to enter into an agreement with Enterprise
Beaumont Marine West, L.P. for economic development incentives under the City's
Chapter 380 Economic Development Program
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:
Claim of Duc Duy Au
United States of America vs. City of Beaumont, Texas; Civil Action No.
1:15CV201
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services
are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
I
December 22, 2015
Consider an ordinance providing for the renumbering of Chapter 6, Article 6.06 of the Code of
Ordinances Pawn Shops and Pawn Brokers to Article 6.11 and adopting a new Article 6.06 of the
Code of Ordinances to provide for Transportation Network Companies
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council to consider an ordinance providing for the renumbering of
Chapter 6, Article 6.06 of the Code of Ordinances Pawn Shops and
Pawn Brokers to Article 6.11 and adopting a new Article 6.06 of
the Code of Ordinances to provide for Transportation Network
Companies.
BACKGROUND
At the City Council meeting on December 8, 2015, staff conducted a work session where the
prospect of an ordinance allowing for transportation network companies in the City of Beaumont
was discussed. A draft ordinance was provided for Council's information. Since that time some
changes have been made to the previously presented draft. The most significant change is as to
the insurance requirements at Section 6.06.019. These changes were made to conform to the
new requirements for a TNC and TNC Drivers as adopted in the last session of the legislature,
which will become effective on January 1, 2016. The other changes are nonsubstantive in
nature.
FUNDING SOURCE
Nonapplicable.
RECOMMENDATION
Approval of the ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE RENUMBERING CHAPTER
6, ARTICLE 6.06 PAWNSHOPS AND PAWNBROKERS
TO ARTICLE 6.11 PAWNSHOPS AND PAWNBROKERS;
ADOPTING A NEW ARTICLE 6.06 TRANSPORTATION
NETWORK COMPANIES OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS TO MAKE
CHANGES AND ADDITONS RELATING TO
TRANSPORTATION NETWORK COMPANIES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
.qarfinn 1
THAT Chapter 6, Article 6.06 Pawnshops and Pawnbrokers of the Code of Ordinances
of the City of Beaumont, be and the same is hereby renumbered Article 6.11
Pawnshops and Pawnbrokers.
.qartinn 9
THAT Chapter 6, Article 6.06 of the Code of Ordinances of the City of Beaumont, be
and the same is hereby amended by adopting a new Article 6.06 to read as follows:
ARTICLE 6.06 TRANSPORTATION NETWORK COMPANIES
Division 1. Generally
Sec. 6.06.001 Definitions
In this article:
Operating permit means the permission granted by the city to operate a TNC inside
the city for a period of one year, renewable under the provisions of this chapter. The
permit term shall automatically renew for additional terms of one (1) year upon payment
of fees, unless a party sends written notice of termination to the other party at least
thirty (30) days prior to the end of the then current term.
Transportation Network Company (TNC) is defined as an organization whether a
corporation, partnership, sole proprietor, or other form, that provides on -demand
transportation services for compensation using an online -enabled application (app) or
platform to connect passengers with drivers.
Transportation Network Company (TNC) Driver shall mean an individual who
operates a motor vehicle that is:
(1) Owned, leased or otherwise authorized for use by the individual,
(2) Not a taxicab; and
(3) Used to provide Transportation Network Company services.
Transportation Network Company (TNC) Services shall mean transportation of a
passenger between points chosen by the passenger and prearranged with a TNC driver
through the use of a TNC digital network or software application. TNC services shall
begin when a TNC driver accepts a request for transportation received through the
TNC's digital network or software application service, continue while the TNC driver
transports the passenger in the TNC driver's vehicle, and end when the passenger exits
the TNC driver's vehicle. TNC service is not taxicab or street hail service.
Sec. 6.06.002 Fare charged for services
(a) A TNC may charge a fare for the services provided to passengers; provided that, if
a fare is charged, the TNC shall disclose to passengers the fare calculation method
on its website or within the software application service. The TNC shall also provide
passengers with the option to receive an estimated fare before the passenger
enters the TNC driver's vehicle.
(b) If a TNC utilizes dynamic pricing through its software application to incentivize
drivers in an effort to maximize the supply of available vehicles on the network to
match the demand for rides and increase reliability, the software application must:
(1) Provide clear and visible indication that dynamic pricing is in effect prior to
requesting a ride;
(2) Include a feature that requires riders to confirm that they understand that
dynamic pricing will be applied in order for the ride request to be completed;
(3) Provide a fare estimator that enables the user to estimate the cost under
dynamic pricing prior to requesting the ride; and
Sec. 6.06.003 Agent required
The TNC must maintain an agent for service of process in the State of Texas.
Sec. 6.06.004 Identification of TNC vehicles and drivers
Before a TNC ride is accepted, the TNC's software application or website shall
display the driver's first name, an accurate picture of the TNC driver, a picture or
description of the vehicle, and the license plate number of the motor vehicle utilized for
providing the TNC service.
Sec. 6.06.005 Electronic receipt required
Within a reasonable period of time following the completion of a trip, a TNC shall
transmit an electronic receipt to the passenger that lists:
(1) The origin and destination of the trip;
(2) The total time and distance of the trip; and
(3) An itemization of the total fare paid, if any.
Sec. 6.06.006 Zero tolerance for alcohol or drug use
(a) The TNC shall implement a zero tolerance policy on the use of drugs or alcohol
while a TNC driver is providing TNC services or is logged into the TNC's digital
network but is not providing TNC services, and shall provide notice of this policy on
its website, as well as procedures to report a complaint about a driver with whom a
passenger was matched and whom the passenger reasonably suspects was under
the influence of drugs or alcohol during the course of the trip.
(b) Upon receipt of such passenger complaint alleging a violation of the zero tolerance
policy, the TNC shall immediately suspend such TNC driver's access to the TNC's
digital platform, and shall conduct an investigation into the reported incident. The
suspension shall last the duration of the investigation.
(c) The TNC shall maintain records relevant to the enforcement of this requirement for
a period of at least two years from the date that a passenger complaint is received
by the TNC.
Sec. 6.06.007 No street hails
A TNC driver shall exclusively accept rides booked through a TNC's digital network
or software application service and shall not solicit or accept street hails.
Sec. 6.06.008 No cash rides
The TNC shall adopt a policy prohibiting solicitation or acceptance of cash
payments from passengers and notify TNC drivers of such policy. TNC drivers shall not
solicit or accept cash payments from passengers. Any payment for TNC services shall
be made only electronically using the TNC's digital network or software application.
Sec. 6.06.009 No discrimination; accessibility
(a) The TNC shall adopt a policy of non-discrimination on the basis of destination, race,
color, national origin, religious belief or affiliation, sex, disability, age, sexual
orientation, or gender identity with respect to passengers and potential passengers
and notify TNC drivers of such policy.
(b) TNC drivers shall comply with all applicable laws regarding non-discrimination
against passengers or potential passengers on the basis of destination, race, color,
national origin, religious belief or affiliation, sex, disability, age, sexual orientation, or
gender identity.
(c) TNC drivers shall comply with all applicable laws relating to accommodation of
service animals.
(d) A TNC shall not impose additional charges for providing services to persons with
physical disabilities because of those disabilities.
(e) A TNC shall provide passengers an opportunity to indicate whether they require a
wheelchair -accessible vehicle. If a TNC cannot arrange wheelchair -accessible TNC
service in any instance, it shall direct the passenger to an alternate provider of
wheelchair -accessible service, if available.
Sec. 6.06.010 Records required
(a) A TNC shall maintain:
(1) Individual trip records which must include driver and passenger identity
information for at least one year from the date each trip was provided; and
(2) TNC driver records at least until the one year anniversary of the date on which
a TNC driver's activation on the TNC digital network has ended.
(b) Within seven (7) business days of the receipt of a duly issued subpoena, court order
or warrant relating to investigation of a criminal matter, or within a longer period of
time if agreed to by the parties, the TNC shall furnish the requested records to the
chief of police. For any non -criminal investigations conducted by the chief of police
in his administrative capacity, a TNC will conduct an internal investigation and shall
within ten (10) business days or within a longer period of time if agreed to by the
parties furnish records in response to a written request related to the underlying
complaint, in accordance with its publicly posted privacy policies.
(c) Any record or information made available by a TNC to the City pursuant to this
ordinance may be confidential and proprietary. If the City is required to disclose
such confidential information under court order or other applicable law, the City shall
promptly notify the TNC of such requirement, prior to disclosure in accordance with
the Texas Public Information Act or other applicable law.
Sec. 6.06.011 Personal identity information
A TNC shall not disclose a passenger's personal identity information to a third party
unless: the passenger consents, disclosure is required by a legal obligation, or
disclosure is required to protect or defend the terms of use of the service or to
investigate violations of those terms. In addition to the foregoing, a TNC shall be
permitted to share a passenger's name and/or an anonymized telephone number with
the TNC driver providing TNC services to such passenger in order to facilitate correct
identification of the passenger by the TNC driver, or to facilitate communication between
the passenger and the TNC driver.
Division 2. Operating Permit
Sec. 6.06.012 Required
No TNC shall operate upon the city streets without having first obtained an
operating permit from the City of Beaumont.
Sec. 6.06.013 Application
An application for an operating permit required under this division shall be filed with
the Chief of Police upon forms provided by the city. The application shall contain the
following information:
(1) The name and business address of the applicant;
(2) If a business entity, certified copies of the applicant's organizational documents,
e.g., certificate of organization, articles of incorporation or similar documents as
applicable, together with evidence of authorization from the Texas Secretary of
State to conduct business in the state of Texas, and current franchise tax
account status with the Texas Comptroller;
(3) The experience of the applicant in the transportation of passengers; and
(4) Any facts the applicant believes tend to prove that public convenience and
necessity require the granting of an operating permit.
Sec. 6.06.014 Fees
No operating permit required under this division shall be issued or continued in
operation unless the holder thereof has paid an annual license fee of $100.00. The fees
shall be paid to the city to compensate the city for its superintendence of the TNC
business operated under this article and for the use of the city streets, alleys and public
ways.
Sec. 6.06.015 Issuance
If the city council, after the public hearing required by section 90.354, finds that TNC
service or additional TNC service in the city is required by the public convenience and
necessity and that the applicant is fit, willing and able to provide the public
transportation and to conform to this article, the Chief of Police shall issue an operating
permit stating the name and address of the applicant; otherwise the application shall be
denied.
Sec. 6.06.016 Suspension and revocation
(a) Upon the filing of a written complaint alleging a violation of any of the provisions of
this article by a TNC driver or a TNC filed by any person with the chief of police, or
upon the person's motion, the chief of police, after five days' notice of the grounds
of such complaint to the TNC driver or owner or operators of the TNC against whom
complaint is made, shall conduct an investigation and, where appropriate, hear
evidence with reference to such complaint, and after such hearing, the chief of
police may revoke or suspend the operating permit of such holder or require the
TNC to remove said TNC driver from the system with good cause shown.
(b) Due cause for the suspension or revocation of an operating permit will include, but
not be limited to, the following:
(1) Failure of the operating permit holder to maintain any and all of the general
qualifications applicable to the initial issuance of the permit as set forth in this
title;
(2) Obtaining an operating permit by providing false information,
(3) Violating any ordinance of the city, the laws of the United States or of the state,
the violation of which adversely affects the ability of holder to offer
transportation network services; or
(4) Violating any part of this article.
(c) The holder shall have the right to appeal the suspension or revocation to the city
manager within ten business days of the notice of suspension or revocation. Such
appeal will be submitted by a letter addressed to the city manager stating that an
appeal from the decision of the chief of police is desired to the city manager. Upon
receiving such notice of appeal, the city manager, as soon as practical thereafter,
shall conduct a hearing at which the appealing party will be given an opportunity to
present evidence and make argument in the person's behalf. The formal rules of
evidence do not apply to an appeal hearing under this section. The city manager
shall make its ruling on the basis of a preponderance of the evidence at the hearing.
(d) The city manager will affirm, modify or reverse the decision of the chief of police.
The decision of the city manager is final.
(e) If no appeal is taken from the ruling of the chief of police in the time and manner as
provided in this title, the ruling of the chief of police shall be final.
(f) Any person who continues to operate a TNC under a permit that has been
suspended or revoked for any reason while the suspension or revocation is in effect
shall be considered guilty of a misdemeanor and upon conviction thereof, shall be
assessed a penalty accordingly. Every day's violation shall be considered to be a
separate offense.
Division 3. Driver and Vehicle Requirements
Sec. 6.06.017 Driver background check required
(a) Prior to permitting an individual to act as a TNC driver on its digital platform, the
TNC shall:
(1) Require the individual to submit an application to the TNC which includes
information regarding his or her address, age, driver's license, driving history,
motor vehicle registration, automobile liability insurance, and other information
required by the TNC;
(2) Conduct, or have a third party conduct, a local and national criminal background
check for each applicant that shall include:
a. Multi-state/Multi-jurisdiction criminal records locator or other similar
commercial nationwide database with validation (primary source search);
and
b. National Sex Offender Registry database; and
(3) Obtain and review a driving history research report for such individual.
(b) The TNC shall not permit an individual to act as a TNC driver on its digital platform
who:
(1) Has had more than three moving violations in the prior three-year period, or one
major violation in the prior three-year period (including, but not limited to,
attempting to evade the police, reckless driving, or driving on a suspended or
revoked license);
(2) Has been convicted, within the past seven years, of driving under the influence
of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a
felony, a crime involving property damage, and/or class B misdemeanor or
higher theft, acts of violence, or acts of terror;
(3) Is a match in the National Sex Offender Registry database;
(4) Does not possess a valid driver's license;
(5) Does not possess proof of registration for the motor vehicle(s) used to provide
TNC services;
(6) Does not possess proof of automobile liability insurance for the motor vehicle(s)
used to provide TNC services; or
(7) Is not at least 19 years of age.
(c) Notification. In the event that a TNC becomes aware of a driver being involved in
criminal conduct or driving violations or otherwise becomes ineligible to serve as a
driver by virtue of no longer meeting the criteria listed above, the TNC shall
immediately terminate the driver's ability to access the platform's application.
Sec. 6.06.018 Vehicle safety and emissions
The TNC shall require that any motor vehicle(s) that a TNC driver will use to provide
TNC services meets the requirements set forth in V.T.C.A., Transportation Code, Ch.
547 for vehicle safety equipment and inspection.
Division 4. TNC and TNC Driver Insurance Requirements
Sec. 6.06.019 Insurance requirements
(a) A TNC and TNC Drivers shall comply with the requirements of Chapter 1954 of the
Texas Insurance Code, as amended.
(b) At the time a TNC Driver is logged on to the transportation network company's
digital network and is available to receive transportation network requests, as well
as between prearranged rides, the minimum amounts of liability insurance coverage
required are:
(1) $50,000 for bodily injury to or death for each person in an incident;
(2) $100,000 for bodily injury to or death of a person per incident; and,
(3) $25,000 for damage to or destruction of property of others in an incident;
(4) Uninsured or underinsured motorist coverage where required by Texas
Insurance Code Section 1952.101; and,
(5) Personal injury protection coverage where required by Texas Insurance
Code Section 1952.152.
(c) At the time a TNC Driver is engaged in a prearranged ride, the automobile
insurance policy must provide, at a minimum.-
(1)
inimum:
(1) Coverage with a total aggregate limit of liability of $1,000,000 for death,
bodily injury and property damage for each incident;
(2) Uninsured or underinsured motorist coverage where required by Texas
Insurance Code Section 1952.101; and,
(3) Personal and injury protection coverage where required by Texas
Insurance Code Section 1952.152.
(d) If an insurance policy maintained by a TNC Driver has lapsed or does not provide
the required coverage, the TNC shall provide the coverage required by this section
beginning with the first dollar of a claim against the driver.
(e) Insurance satisfying the requirements of this section satisfies the financial
responsibility requirement for an automobile under Chapter 601, Transportation
Code.
Sec. 6.06.020 Disclosure requirements
A TNC shall disclose in writing to TNC drivers, as part of its agreement with those
drivers, the insurance coverage and limits of liability that the TNC provides while the
driver uses a personal vehicle in connection with a TNC's online -enabled digital
network. A TNC shall also disclose in writing to participating drivers, as part of its
agreement with those drivers, that the driver's own automobile insurance policy might
not provide coverage while the TNC driver uses a vehicle in connection with a TNC's
digital network depending on its terms.
Rarfinn I
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any
reason be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
0artinn �;
That any person who violates any provision of this ordinance shall, upon conviction, be
punished, as provided in Section 1.01.009 of the Code or Ordinance of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
2
December 22, 2015
Consider a resolution authorizing the purchase of a paving machine from Romco Exchange Co.,
LLC of Dallas
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer/
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing the purchase of a paving
machine from Romco Exchange Co., LLC of Dallas in the amount
of $385,165.
BACKGROUND
The City currently has a small paving machine that does not meet the needs of the Streets and
Drainage Division; consequently a large amount of asphalt paving is performed by a contractor.
The new paving machine is much larger and will increase efficiency and timeliness as it will
more than double the width of one pass of the current machine. The larger machine will result in
shorter traffic closures, increased productivity, and reduced dependence and expense for
contractor- provided equipment and personnel.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes.
Manufacturer two (2) year warranty is provided, with service through Romco Equipment, Inc., of
Houston.
FUNDING SOURCE
The equipment will be financed in FY 2016 over a three to five year period.
RECOMMENDATION
Approval of resolution.
to
8450 Breen Rd / Houston TX 77064 1 713-937-3005 / Fax: 713-937-7541
Quote No.
Version: 2
Date: 06/5/2015
Thomas Gill
City of Beaumont
2610 Concord
P.O. Box 3827
Beaumont, TX 77704-3827
ROMCO Equipment Co. is pleased to present the following equipment for your consideration:
New Volvo PF -7170 Asphalt Paver equipped as follows:
- Volvo D8 Tier IVi Diesel Engine @ 235 hp
- TopCon System 5 (Dual Side Joint Matcher)
- 20ft Screed with 17in Augers
- Hydraulic Auger Height Adjustment
- Auger Reverse
- High Torque Auger Motor
- (2) Stage Power Tunnels
- Truck Hitch
- Dual Control Consoles w/Vandal Covers
- Electronic Grade & Slope (minus the controller & sensors)
- Drive Tire Size (18x25) Front Wheel Size (1422)
- 4 Wheel Drive
- Work Light Pkg (2 Front / 4 Rear)
- Back Up Alarm
- Light Beacon Only
- SmokEater w/Fold Down Stack
- Model Resistor Plug
- 30 kw Onboard Generator w/(5) 120 Volt Outlets
- 24 Volt Circuits
- Flow Gate Installation
- Conveyor Reverse (Independent Conveyors and Augers)
- 3 Function Screed Control
- Remote Control Options
- Tow Point Indicator
- Right Hand Outlet Box
- Hopper Locks
- Side Extendable Rotating Seats
- (4) Sensor Feed System
-Automatic Tensioning Conveyors
-Adjustable Screed Side Arms
- Color Display w/Speed Limiter
- Interchangeable Drop -In Floor Plates
- Ground Level Fuel Fill
- Remote Jumper Start Connections on Both Sides of Paver
- Emergency Operations Panel
- Outboard Conveyor Drive Motors
- Low Fuel Alarm
- Blaw-Kote Coating System w/35ft Hose and Spray Valve/Nozzle
BUYBOARD Pricing (All Fees Included) $385,165.00
VOLVO ROAD INSTITUTE TRAINING at the Shippensburg Factory:
The Road Institute focuses their training efforts on you, the paving contractor and various other
occupations within the asphalt paving industry. A few of the many topics they will cover are - asphalt
paving training, compactor operator training and paving operator training.
They will provide the paving contractor, operator, agency and industry personnel with the "important
link" between equipment technology and industry applications. Our Operator courses / seminars are
designed to improve an operator's skills with both theory (classroom) and hands-on operation of Volvo
Road Machinery equipment.
Machine Warranty:
24 Months / Unlimited Hours Standard Full Machine
Screed Warranty:
12 Months / 1000 Hours
Price does not include any taxes. The above price is valid for 30 days unless specifically extended by ROMCO
Equipment Co.
Notice is hereby given that ROMCO Equipment Co. LLC has assigned its rights under this sales contract to
ROMCO Exchange Co. LLC to sell the equipment described herein and, if applicable, to purchase trade-in
property described herein.
Quoted By:
pa- o slaffwy rr
Pat Slattery
ROMCO Paving Equipment Sales
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a paving machine for use by
the Streets and Drainage Division from Romco Exchange Co., LLC, of Dallas, Texas, in
the amount of $385,165.00 through the Texas Association of School Boards (BuyBoard)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
3
December 22, 2015
Consider a resolution authorizing the purchase of a street sweeper from Kinloch Equipment, Inc.,
of Houston
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officerbt-11
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing purchase of a sweeper and
roller from Kinloch Equipment, Inc., of Houston, in the total amount
of $279,999.
BACKGROUND
The Elgin sweeper will replace unit 4298, which has 3,549 operating hours. In addition to
excessive maintenance and unreliability, the sweeper has suffered a major mechanical failure and
will be disposed of through the City's surplus equipment program. The Wacker-Neusson roller is a
new addition. It is used to compact road base prior to paving. Concrete crews do not have a roller
and must borrow or rent one to do this work.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes. The total purchase price includes the BuyBoard fee of $2090 which is paid to the
vendor.
One (1) year manufacturer warranty is provided, with service through Kenloch Equipment, Inc.
FUNDING SOURCE
The roller in the amount of $29,500 is budgeted in the Capital Reserve Fund while the sweeper for
$250,499 will be financed in 2016 for a three to five year term.
RECOMMENDATION
Approval of the resolution.
PRODUCT PRICING SUMMARY BASED ON CONTRACT
BUYBOARD #420-13
End User: City of Beaumont Kinloch Rep: Marcus Breidenthal
Contact: Jeff Harville Phone/email: 713-823-6107
Phone/email: 409-842-5885 Date: Thursday, October 22, 2015
Product Description: Elgin 4M Eagle - Dual
A. Bid Series: 420-13 A. Base Price: I $ 168,480.00
R R,1.}Gai,a.i 11..4:....a fifn.n.�u nary Mlnwl
Code Options
Bid Price Code Options Bid Price
2016 M2 Dual Steer Chassis
$ 101,790.00
M2-Chassi Alterations
$
2,220.40
Hig Temp H d Shutdown
$
338.00
Low Level H d Shutdown
$
348.00
Hopper Interior Light
$
780.00
Rear Mounted LED Arrowstick
$
1,731.60
LED Stop/Tail/Turn Lts
$
343.20
Side Broom Tilt - RH
$
1,222.00
25' Water Fill Hose - ILO 16'
$
192.40
AM/FM/CD Radio
$
904.80
Total of B. Published Options:I $ 109,870.40
C. Unpublished Options [Itemize each below, not to exceed 25%] u.0 /o
tions Bid Price Options Bid Price
Total of C. Unpublished Options: $ -
D. Pre -delivery Inspection:
E. Texas State Inspection:
F. Manufacturer Destination/Delivery:
G. Floor Plan Interest (for in -stock and/or equipped vehicles):
H Lot Insurance (for in -stock and/or equipped vehicles):
I.
Contract Price Adjustment: Loyal Customer Discount
$ (31,601.40)
J.
Additional Delivery Charge: 1500 miles
$ 2,250.00
K
Subtotal:
$ 248,999.00
L.
Quantity Ordered 1 x K =
$ 248,999.00
M.
Trade in:
N.
BUYBOARD Administrative Fee ($400 per purchase order)
$ 1,500.00
O.
TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE
$ 250,499.00
PRODUCT PRICING SUMMARY BASED ON CONTRACT
BUYBOARD #424-13
End User: City of Beaumont Kinloch Rep: Marcus Breidenthal
Contact: Jeff Harville Phone/email: 713-823-6107
Phone/email: 409-842-5885 Date: Thursday, October 22, 2015
Product Description: Wacker Neusson RD 16-90 Roller, Double Dn
A. Bid Series: 424-13 A. Base Price: I $ 38,080.00
D.
E.
F.
G.
H
I.
J.
K
Pre -delivery Inspection:
Texas State Inspection:
Manufacturer Destination/Delivery:
Floor Plan Interest (for in -stock and/or equipped vehicles):
Lot Insurance (for in -stock and/or equipped vehicles):
Contract Price Adjustment:
Additional Delivery Charge:
Subtotal:
L. Quantity Ordered
M. Trade in:
650 miles
I xK=
N. BUYBOARD Administrative Fee ($400 per purchase order)
O. TOTAL PURCHASE PRICE INCLUDING BUYBOARD FEE
$ (10,145.00)
IS 975.00
$ 28,910.00
$ 28,910.00
$ 590.00
IS 29,500.00
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a sweeper and roller for use by
the Streets and Drainage Division from Kinloch Equipment, Inc., of Houston, Texas, in
the amount of $279,999.00 through the Texas Association of School Boards (BuyBoard)
Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
December 22, 2015
Consider a resolution authorizing the purchase of three backhoes from Mustang Cat, Inc., of
Beaumont for use by the Streets and Drainage Division and at the Sewer Treatment Plant
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider a resolution authorizing the purchase of three (3)
Caterpillar backhoes from Mustang Cat, Inc., of Beaumont, in the
total amount of $219,705 for use by the Streets and Drainage
Division and the Sewer Treatment Plant.
BACKGROUND
Two of the three units will be used by the Streets and Drainage Division for preparing roadways
for paving. The third unit will be used at the Sewer Treatment Plant to move sludge in and out of
the drying beds, removing heavy debris from the high flow pump station, loading trucks for
transport to the landfill and in repairing and replacing pumps. The new backhoes are replacing
existing equipment that is not reliable and will be disposed of through the City's surplus
equipment program.
Pricing was obtained through the Texas Association of School Boards (BuyBoard), a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. BuyBoard complies with State of Texas procurement
statutes.
Warranty service for 3 years/5,000 hours will be provided by Mustang Cat, Inc., of Beaumont,
the local dealer.
FUNDING SOURCE
Capital Reserve Fund and Water Fund.
RECOMMENDATION
Approval of resolution.
0ard
Coaprativrr Purchasi+rq
To: CITY OF BEAUMONT
Attn: JEFF HARVILLE
416F ST
2WD/ STD
NEW CATERPILLAR STICK/
MODEL: CAB/AC
4161`2 BHL ST, TIER 4 HRC, 70KW
STICK, STANDARD, 14FT
CONTROLS, BACKHOE PATTERN
ENGINE, 70KW, C4.4 ACERT, T4F
HYDRAULICS, GP, 5FCN/7BNK
BELT, SEAT, 2" SUSPENSION
CAB, STANDARD
SEAT, FABRIC
COUNTERWEIGHT, 1015 LBS
STABILIZER PADS, FLIP -OVER
BUCKET -GP, 1.25 CYD
CUTTING EDGE, TWO PIECE
BUCKET -HC SOIL, 24", 8.5 CFT
INSTRUCTIONS, ANSI
SERIALIZED TECHNICAL MEDIA KIT
PLATE GROUP - BOOM WEAR
GUARD, STABILIZER
PACK, DOMESTIC TRUCK
LANE 3 ORDER
PT, 2WD, STD SHIFT, MECH
TIRES, 2WD BIAS, FIRESTONE
AIR CONDITIONER, T4
Selling Price DEL TO FLEET
10/21/2015
BUYBOARD $73,235.00
QUOTE
Warranty: 1st Year Premier/Unlimted Hours; Years 2 & 3, 5000 Hour Powertrain + Hydraulics
*No Travel Time and Mileage Charges for Warranty Repairs
Thank you for the opportunity to quote on your equipment needs.
Stevan de Leon
409-201-9500
sdeleon@mustangcat.com
**Financing Rate to be determined by Cat Financial Services
Corporation.
***Price valid for 30 days from time of quote.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of three (3) Caterpillar backhoes
for use by the Streets and Drainage Division and the Sewer Treatment Plant from
Mustang Cat, Inc., of Beaumont, Texas, in the amount of $219,705.00 through the
Texas Association of School Boards (BuyBoard) Cooperative Purchasing Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -
5
December 22, 2015
Consider authorizing the City Manager to enter into an agreement with Enterprise Beaumont
Marine West, L.P. for economic development incentives under the City's Chapter 380 Economic
Development Program
A
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: December 22, 2015
REQUESTED ACTION: Council consider authorizing the City Manager to enter into an
agreement with Enterprise Beaumont Marine West, L.P. for
economic development incentives under the City's Chapter 380
Economic Development Program.
BACKGROUND
Chapter 380 of the Texas Local Government Code allows cities to implement economic incentive
programs to encourage new businesses as well as project expansions. In June 2014, the City
Council established the Chapter 380 Economic Development Program in an effort to encourage
significant economic development projects within the city.
Enterprise Beaumont Marine West, L.P. (formerly Oil Tanking) is making improvements in the
estimated amount of $370 Million to store and transport 4.1 million barrels of crude oil.
Enterprise owns land and improvements located inside and outside the city limits of Beaumont.
Property taxes for property owned by Enterprise that is located outside the city limits is governed
by an Industrial Agreement with the City of Beaumont.
Improvements made by Enterprise that are located within the city limits will be governed by the
380 Agreement. The estimated value of improvements being made within the city limits is $145
Million. The applicant is requesting a 100% abatement of city taxes for ten years, beginning in
January 2016. For consideration of the tax abatements being provided, the City has negotiated
with Enterprise for payments to be made over a ten-year period. A payment of $1.0 Million will
be made to the City in 2017 and 2018 and payments of $139,327 will be made each year thereafter
from 2019 through 2026.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution authorizing the City Manager to enter into an agreement with
Enterprise Beaumont Marine West, L.P.
STATE OF TEXAS §
§
COUNTY OF JEFFERSON §
CHAPTER 380
ECONOMIC DEVELOPMENT AGREEMENT
between
THE CITY OF BEAUMONT, TEXAS
and
ENTERPRISE BEAUMONT MARINE WEST, L.P.
This CHAPTER 380 ECONOMIC DEVELOPMENT AGREEMENT (the
"AGREEMENT") is made, entered, and executed in duplicate originals by and between
the CITY OF BEAUMONT, TEXAS, ("CITY") and ENTERPRISE BEAUMONT MARINE WEST, L.P.
("ENTERPRISE"), as authorized by Chapter 380, Texas Local Government Code.
WHEREAS, Article 3, Section 52A, Texas Constitution, authorizes the Legislature
to enable cities and counties to implement programs for the public purposes of economic
development under which cities and counties may provide financial incentives for the
purposes of stimulating local economic development and business and commercial
activity in the CITY; and
WHEREAS, Section 380.001, Texas Local Government Code, authorizes the
municipalities to establish and provide for the administration of one or more programs in
order to stimulate business and commercial activity in the CITY, including programs for
making loans and grants of public money to promote local economic development; and
WHEREAS, CITY has established a program of economic development for the
purposes of creation and retention of jobs for the citizens of the CITY and region, to
promote economic expansion, and to add to the tax base of the CITY; and
WHEREAS, CITY wishes to encourage ENTERPRISE to continue to expand its
operations within the City of Beaumont; and
WHEREAS, the proposed expansion by ENTERPRISE will result in new economic
development in the CITY, including creating new jobs, increasing sales tax revenue to the
CITY and increasing ad valorem taxes within the CITY; and
Economic Development Agreement 1
WHEREAS, the proposed expansion by ENTERPRISE will have a direct positive
and measurable economic benefit to the CITY; and
WHEREAS, the CITY recognizes the positive economic impact the proposed
expansion will have on the CITY and wishes to provide incentives to ENTERPRISE to
assist in the proposed expansion by ENTERPRISE, thereby contributing toward the
further economic development and growth of the CITY; and
WHEREAS, the CITY finds that this AGREEMENT embodies an eligible "program"
and clearly promotes economic development in the City of Beaumont, Texas, and, as
such, meets the requisites under Chapter 380 of the Texas Local Government Code and
further is in the best interests of the CITY.
NOW, THEREFORE, for the mutual consideration set out below, the Parties hereto
agree as follows:
I. AUTHORIZATION
CITY's execution and performance of this AGREEMENT is authorized by Section
380.001, Texas Local Government Code, and by the CITY's Chapter 380 Economic
Development Policy, and constitutes the valid and binding obligation of the CITY from
and after execution hereof by all Parties. ENTERPRISE's execution and performance of
this AGREEMENT has been duly authorized and constitutes the valid and binding
obligation of ENTERPRISE from and after execution hereof by all Parties.
II. DEFINITIONS
1. "Ad Valorem Taxes" means with respect to any property tax year, all ad valorem
property taxes collected by the CITY on the Eligible Property for that tax year. For the
purposes of this AGREEMENT, Ad Valorem Taxes collected by the CITY shall not include
penalties, interest, or attorneys' fees.
2. "Affiliate" of any specified person or entity means any other person or entity, which,
(i) directly or indirectly, through one or more intermediaries, controls, or is controlled by,
or (ii) is under direct or indirect common control with such specified person or entity. For
the purposes of this definition, "control" when used with respect to any person or entity
means (a) the ownership, directly or indirectly, of fifty (50%) or more of the voting
securities of such person or entity; or (b) the right to direct the management and
operations of such person or entity, directly or indirectly, whether through the ownership
(directly or indirectly) of securities, by contract or otherwise, and the terms "controlling"
and "controlled" have meanings correlative to the foregoing.
Economic Development Agreement 2
3. "Commercially Reasonable Efforts" means, as to a Party hereto, an undertaking
by such Party to perform or satisfy an obligation or duty or otherwise act in a manner
reasonably calculated to obtain the intended result by action or expenditure not
disproportionate or unduly burdensome under the circumstances, which means, among
other things, that such Party shall not be required to (i) expend funds other than for
payment of the reasonable and customary costs and expenses of employees,
contractors, counsel, consultants, representatives or agents of such Party in connection
with the performance or satisfaction of such obligation. duty or other action or (ii)
institute or settle any litigation or arbitration as a part of its reasonable efforts.
4. "Eligible Property" means the buildings, structures, fixed machinery and
equipment, process units including all integral components necessary for operations,
site improvements, infrastructure, and that office space and related fixed improvements
necessary to the operations and administration of the Project. A list of the Eligible
Property is set forth in the Application for 380 Incentives filed by Enterprise, a copy of
which is attached hereto as Exhibit A, which is incorporated by this reference. During
the construction phase of the Project, ENTERPRISE may make such change orders to
the Eligible Property as are reasonably necessary to accomplish its intended use.
5. "Force Maieure" means an event or occurrence caused by (a) provisions of law,
or the operation or effect of rules, regulations or orders promulgated by any
governmental authority having jurisdiction over ENTERPRISE or the Project; (b) any
demand or requisition, arrest, order, request, directive, restraint or requirement of any
government or governmental agency whether federal, state, military, local or otherwise;
(c) the action, judgment or decree of any court; (d) floods, storms, hurricanes,
evacuation due to threats of hurricanes, lightning, earthquakes, washouts, high water,
fires, acts of God or public enemies, wars (declared or undeclared), blockades,
epidemics, riots or civil disturbances, insurrections, strikes, labor disputes (it being
understood that nothing contained in this AGREEMENT shall require ENTERPRISE to
settle any such strike or labor dispute), explosions, breakdown or failure of plant,
machinery, equipment, lines of pipe or electric power lines (or unplanned or forced
outages or shutdowns of the foregoing for inspections, repairs or maintenance), inability
to obtain, renew or extend franchises, licenses or permits, loss, interruption, curtailment
or failure to obtain electricity, gas, steam, water, wastewater disposal, waste disposal or
other utilities or utility services, inability to obtain or failure of suppliers to deliver
equipment, parts or material, or inability of ENTERPRISE to receive product into, or to
ship or transport product out of their respective facilities; or (e) any other cause (except
financial), whether similar or dissimilar, over which ENTERPRISE has no reasonable
control and which forbids or prevents performance.
Economic Development Agreement 3
6. "Ineligible Property" means land, inventories, supplies, tools, furnishings, and
other forms of movable personal property, including but not limited to, vehicles, vessels,
aircraft, housing, hotel accommodations, deferred maintenance investments,
improvements for the generation or transmission of electrical energy not wholly consumed
by the Project, and property that has an economic life of less than fifteen (15) years.
7. "Parties" means collectively the CITY and ENTERPRISE, and "Party" means the
CITY or ENTERPRISE, as the case may be.
8. "PILOT Payment" means the amount for each tax year as designated in Exhibit "B"
attached hereto, subject to reduction as provided in Section IV.1 and Section VITA of this
Agreement.
9. "Project" means the new crude oil storage tanks, pipeline interconnects, a
distribution system and a new finger -pier style vessel dock to be constructed by
ENTERPRISE at its existing facility in Beaumont, as described in Section IV. 1, below on
the Property described in Exhibit C.
10. "Property" means the land on which the Project will be developed as described in
the legal description and depicted on the plat attached hereto as Exhibit C. The Property
is within the Gatsby Reinvestment Zone, an area within Beaumont, Jefferson County,
Texas, comprising approximately 1559.5 acres, more or less. The Gatsby Reinvestment
Zone was designated by the City under Ordinance No. 14-024 dated June 10, 2014, a
true and correct copy of which is attached hereto as Exhibit D and is hereby incorporated.
It is understood and agreed that the Gatsby Reinvestment Zone boundary is subject to
revision based upon the final construction plan for the Project and the City agrees to take
the steps necessary to amend the Reinvestment Zone boundary upon request by
Enterprise.
11. "Term" means the period commencing on the Effective Date and ending on the
Termination Date.
12. "Termination Date" means December 31, 2026.
Economic Development Agreement 4
III. TERM
This AGREEMENT shall be enforceable upon execution and delivery by both Parties
(which date is herein referred to as the "Effective Date"). Subject to the provisions of
Section 1 of Article IV, should ENTERPRISE not undertake the construction of the Project
as described in Section 1 of Article IV below, this AGREEMENT shall be null and void.
IV. ENTERPRISE REPRESENTATIONS / OBLIGATIONS
ENTERPRISE agrees as a condition of receiving the benefits of this AGREEMENT:
1. Project: To construct the Project on the Property described on Exhibit C at the
estimated construction cost of $394,059,542, pursuant to the representations made in the
Application attached hereto as Exhibit A.
2. Local Sourcing: Enterprise agrees to make bidding information available to
qualified local contractors, vendors, manufacturers and laborers and to conduct pre-bid
meetings from time to time with potential local bidders and suppliers of services and
materials for the Project.
3. PILOT Payments- Commencing January 31, 2016, and continuing through the
term of this Agreement, ENTERPRISE shall pay to the CITY the PILOT Payment amounts
set forth on Exhibit B.
V. VALUE AND TERM OF AGREEMENT
1. The tax abatement provided for in this Agreement for the Project shall be
effective on the January 1, 2016 valuation date as authorized by Sec. 312.204 of the
Texas Tax Code and Section 380.001 of the Texas Local Government Code. A separate
property tax account (Property ID 349283) has been established by the Jefferson County
Appraisal District for the Project. In each year that this Agreement is in effect, the amount
of abatement for the Project shall be an amount equal to the percentage as indicated in
the Tax Abatement Schedule ("Schedule") below. The appraised value, as defined in the
Texas Property Tax Code, of Eligible Property must be abated in accordance with the
Schedule below:
Economic Development Agreement 5
TAX ABATEMENT SCHEDULE
Tax Year Abated
Percentage of Value Abated
2016
100%
2017
100%
2018
100%
2019
100%
2020
100%
2021
100%
2022
100%
2023
100%
2024
100%
2025
100%
2. During the period that the tax abatement granted herein is effective:
(a). The value of Ineligible Property shall be fully taxable;
(b). The appraised value, as defined in the Texas Property Tax
Code, of Eligible Property shall be abated as set forth in the
above Schedule.
3. In no event shall the abatement period for the Project exceed a period of
ten (10) years, in accordance with state law.
ment Agreement 6
VI. LIABILITY
1. No Assumption: By this AGREEMENT, ENTERPRISE assumes no obligation,
duty or other responsibility with regard to any governmental function or service for which
the CITY is responsible that is not otherwise addressed by this AGREEMENT. In addition,
ENTERPRISE assumes no legal liability for the actions of the CITY through the execution
of this AGREEMENT. The CITY individually assumes no obligation, duty or other
responsibility with regard to any duty, right, obligation or responsibility associated with the
Project for which ENTERPRISE is responsible that is not otherwise addressed by this
AGREEMENT. In addition, the CITY assumes no legal liability for the actions of
ENTERPRISE or its successors or assigns by virtue of its execution of this AGREEMENT.
2. Agents: Each Party to this AGREEMENT agrees that it shall have no liability for
the actions or omissions of the employees, agents, directors, members, trustees or
representatives of any other Party, and each Party is solely responsible for the actions
and omissions of its own employees, agents, directors, members, trustees or
representatives.
VII. DEFAULT
1. Events of Default: During the Term, the CITY may declare a default hereunder
by ENTERPRISE if ENTERPRISE (i) fails to commence construction of the Project within
one (1) year after the Effective Date, (ii) fails to commence construction of the Project,
(iii) refuses or neglects to comply with any of the terms of this AGREEMENT and fails to
cure within the Cure Period (as defined below), or (iv) if any representation made by
ENTERPRISE in this AGREEMENT is false or misleading in any material respect.
2. Notice and Cure: If the CITY declares ENTERPRISE to be in default of this
AGREEMENT, the CITY shall notify ENTERPRISE in writing prior to the end of the
abatement period, and if such default is not cured within sixty (60) days from the date of
such notice (such sixty (60) day period, or such longer period as is provided for in this
Section 2 being referred to as the "Cure Period"), then this AGREEMENT may be
terminated or modified; provided, however, that in the case of a default for causes beyond
ENTERPRISE's reasonable control which cannot with due diligence be cured within such
sixty (60) day period, the Cure Period shall be deemed extended an additional sixty (60)
day period, or a period of time agreeable to both parties should the circumstances require
a longer period of time to cure, if ENTERPRISE (i) shall immediately, upon the receipt of
such notice, advise the CITY of ENTERPRISE's intention to institute all steps necessary
to cure such default and (ii) shall proceed to cure.
3. Delinquent Ad Valorem Taxes: In the event ENTERPRISE allows its ad valorem
taxes on the Project owed the CITY to become delinquent and fails to timely and properly
Economic Development Agreement 7
follow the legal procedures for their protest and appeal, or if ENTERPRISE violates any
of the terms and conditions of this AGREEMENT and fails to cure during the Cure Period,
this AGREEMENT may then be terminated.
4. Discontinuation: In the event the Project herein is completed and begins
producing product or services, but subsequently discontinues storage and shipment of
crude oil, petroleum and liquefied petroleum products for any reason excepting fire,
explosion or other casualty, accident or natural disaster, or governmental mandate, or
other event of Force Majeure, for a continuous period of one (1) year during the Term of
the AGREEMENT, then this AGREEMENT shall terminate with respect to the applicable
portion of the Project that is no longer producing product or services; and in such event,
this AGREEMENT shall be amended to exclude such portion of the Project from coverage
under this AGREEMENT, including, without limitation, a commensurate reduction in the
PILOT Payment amounts from Enterprise to the CITY with respect to such portion of the
Project. In the event of termination pursuant to the provisions of this paragraph, the
abatement of the taxes for the calendar year during which the Project no longer operates
shall terminate, but there shall be no recapture of prior years' taxes abated by this
Agreement. The taxes otherwise abated shall be paid to the City prior to the delinquency
date for such year. In no event shall Enterprise be required to pay such taxes within less
than sixty (60) days of the termination.
5. Termination: If after notice of default and failure to cure, the CITY terminates
this Agreement, it shall provide ENTERPRISE written notice of such termination. If
ENTERPRISE believes that such termination was improper, ENTERPRISE may file suit
in the Jefferson County District Court appealing such termination within sixty (60) days
after receipt from the CITY of written notice of the termination. If such a suit is filed,
ENTERPRISE shall remit to the CITY, within ninety (90) days after receipt of the notice
of termination, any additional Ad Valorem Taxes as may be payable during the pendency
the litigation pursuant to the payment provisions of Section 42.08, Tax Code. If the final
determination of the appeal increases ENTERPRISE's tax liability above the amount of
tax paid, ENTERPRISE shall remit the additional tax to the CITY pursuant to Section
42.42, Tax Code. If the final determination of the appeal decreases ENTERPRISE's tax
liability, the CITY shall refund to ENTERPRISE the difference between the amount of tax
paid and the amount of tax for which ENTERPRISE is liable pursuant to Section 42.43,
Tax Code.
VIII. NOTICE
Economic Development Agreement 8
Any notice and/or statement required and permitted to be delivered shall be
deemed delivered by deposing by depositing same in the United States mail, certified
with return receipt requested, postage prepaid, addressed to the appropriate Party at the
following addresses:
Notices to ENTERPRISE shall be addressed to:
Curt Tate, Director of Property and Transaction Tax
ENTERPRISE BEAUMONT MARINE WEST, L.P.
P.O. Box 4018
Houston, Texas 77210-4018
1100 Louisiana Street, Suite 1000
Houston, Texas 77002
With copies to:
ATTN: General Counsel
ENTERPRISE BEAUMONT MARINE WEST, L.P.
P.O. Box 4018
Houston, Texas 77210-4018
1100 Louisiana Street, Suite 1000
Houston, Texas 77002
and
Timothy E. Young
Ikard Wynne LLP
2901 Via Fortuna, Suite 450
Austin, Texas 78746
Notices to CITY shall be addressed to:
City of Beaumont
Kyle Hayes, City Manager
801 Main Street
Beaumont, Texas 77701
Either Party may change its address for receipt of notices under this AGREEMENT from
time to time by delivering at least ten (10) days prior written notice of such change to the
other Party in the manner prescribed above.
IX. MISCELLANEOUS PROVISIONS
Economic Development Agreement 9
1. Disclaimer: Nothing herein shall confer upon any person, firm or other
entity other than the Parties hereto any benefit or any legal or equitable right, remedy or
claim under this AGREEMENT. All obligations hereunder of the Parties hereto shall be
binding upon their respective successors and assigns.
2. Amendments to Agreement: Waivers: This AGREEMENT may not be
modified or amended except by an instrument or instruments in writing signed by all of
the Parties. Waiver of any term, condition or provision of this AGREEMENT by any Party
shall only be effective if in writing and shall not be construed as a waiver of any
subsequent breach of, or failure to comply with, the same term, condition or provision, or
a waiver of any other term, condition or provision of this AGREEMENT.
3. Approvals or Consents: Approvals or consents required or permitted to
be given under this AGREEMENT shall be evidenced by an ordinance, resolution, or
minute order adopted by the governing body or board of the appropriate Party or by a
certificate executed by a person, firm or entity previously authorized to give such approval
or consent on behalf of a Party. Approvals and consents shall be effective without regard
to whether given before or after the time required for giving such approvals or consents.
4. Assignment: ENTERPRISE may assign this AGREEMENT in whole or in
part to an Affiliate or a new owner or lessee of the Property or the Project, or any portion
thereof, provided that ENTERPRISE shall provide written notice of such assignment to
the CITY. Upon such assignment, ENTERPRISE's assignee will be liable to the CITY for
outstanding taxes or other obligations arising under this AGREEMENT with respect to the
applicable portion of the Property or the Project. The CITY shall not assign its rights or
obligations under this Agreement to any other person or party.
5. Parties in Interest: This AGREEMENT shall be for the sole and exclusive
benefit of the Parties hereto and shall not be construed to confer any rights upon any third
parties.
6. Supplementation: In the event any further documentation or information
is required for this AGREEMENT to be valid, then the Parties to this AGREEMENT shall
provide or cause to be provided such documentation or information. The Parties shall
execute and deliver such documentation, including but not limited to any amendments,
corrections, deletions or additions as necessary to this AGREEMENT provided however
that the Parties shall not be required to do anything that has the effect of changing the
essential economic terms of this AGREEMENT or imposing greater liability on the Parties.
The Parties further agree that they shall do anything necessary to comply with any
requirements to enable the full effect of this AGREEMENT; provided, however, that the
Parties shall not be required to do anything that has the effect of changing the essential
economic terms of this AGREEMENT or imposing greater liability on the Parties.
Economic Development Agreement 10
7. Merger: This AGREEMENT contains all of the terms and conditions of
the understanding of the Parties relating to the subject matter hereof. All prior
negotiations, discussions, correspondence, and preliminary understandings between the
Parties and others relating hereto are superseded by this AGREEMENT.
8. Governing Law: This AGREEMENT and the transactions contemplated
hereby shall be governed by and interpreted in accordance with the laws of the State of
Texas without giving effect to principles thereof relating to conflicts of law or rules that
would direct the application of the laws of another jurisdiction. Venue in any legal
proceeding shall be in Jefferson County, Texas.
9. Authorization: Each of the parties hereto represents and warrants to
the other party that (i) it has all requisite power and authority to execute and deliver, to
perform its obligations under and to consummate the transactions contemplated by this
Agreement and (ii) the execution and delivery of this Agreement, the performance of its
obligations under and the consummation by each party of the transactions contemplated
by this Agreement have been duly authorized by all requisite corporate authority on the
part of Enterprise, with respect to the representation and warranty of Enterprise, and by
all requisite governmental authority on the part of the City, with respect to the
representation and warranty of the City, and (iii) upon execution and delivery of this
Agreement, this Agreement will constitute valid and binding legal obligations of such
party.
10. Severability: If any term, provision or condition of this AGREEMENT, or any
application thereof, is held invalid, illegal or unenforceable in any respect under any Law
(as hereinafter defined), this AGREEMENT shall be reformed to the extent necessary to
conform, in each case consistent with the intention of the Parties, to such Law, and to the
extent such term, provision or condition cannot be so reformed, then such term, provision
or condition (or such invalid, illegal or unenforceable application thereof) shall be deemed
deleted from (or prohibited under) this AGREEMENT, as the case may be, and the
validity, legality and enforceability of the remaining terms, provisions and conditions
contained herein (and any other application such term, provision or condition) shall not in
any way be affected or impaired thereby. Upon such determination that any term or other
provision is invalid, illegal or incapable of being enforced, the Parties hereto shall
negotiate in good faith to modify this AGREEMENT in a mutually acceptable manner so
as to effect the original intent of the Parties as closely as possible to the end that the
transactions contemplated hereby are fulfilled to the extent possible. As used in this
Section 10, the term "Law" shall mean any applicable statute, law (including common
law), ordinance, regulation, rule, ruling, order, writ, injunction, decree or other official act
of or by any federal, state or local government, governmental department, commission,
Economic Development Agreement 11
board, bureau, agency, regulatory authority, instrumentality, or judicial or administrative
body having jurisdiction over the matter or matters in question.
11. Payment of Expenses: Except as otherwise expressly provided in this
AGREEMENT, or as covered by the application fee, (i) each of the Parties shall pay its
own costs and expenses relating to this AGREEMENT, including, but not limited to, its
costs and expenses of the negotiations leading up to this AGREEMENT, and of its
performance and compliance with this AGREEMENT, and (ii) in the event of a dispute
between the Parties in connection with this AGREEMENT, the prevailing Party in the
resolution of any such dispute, whether by litigation or otherwise, shall be entitled to full
recovery of all attorneys' fees (including a reasonable hourly fee for in-house legal
counsel), costs and expenses incurred in connection therewith, including costs of court,
from the non -prevailing Party to the extent allowed by law.
12. Force Majeure: In the event either Party is rendered unable, wholly or
in part, by Force Majeure to carry out any of its obligations under this AGREEMENT,
except the obligation to pay amounts owed or required to be paid pursuant to the terms
of this AGREEMENT, then the obligations of such Party, to the extent affected by such
Force Majeure and to the extent that due diligence is being used to resume performance
at the earliest practicable time, shall be suspended during the continuance of any inability
so caused to the extent provided but for no longer period. As soon as reasonably possible
after the occurrence of the Force Majeure relied upon, the Party whose contractual
obligations are affected thereby shall give notice and full particulars of such Force
Majeure to the other Party. Such cause, as far as possible, shall be remedied with all
reasonable diligence.
13. Interpretation: When a reference is made in this AGREEMENT to a
Section, Article or Exhibit, such reference shall be to a Section or Article of, or Exhibit to,
this AGREEMENT unless otherwise indicated. The headings contained in this
AGREEMENT are for reference purposes only and shall not affect in any way the meaning
or interpretation of this AGREEMENT. The words "include," "includes" and "including"
when used in this AGREEMENT shall be deemed in such case to be followed by the
phrase "but not limited to" words used in this AGREEMENT, regardless of the number or
gender specifically used, shall be deemed and construed to include any other number,
singular or plural, and any other gender, masculine, feminine or neuter, as the context
shall require. This AGREEMENT is the joint product of the Parties and each provision of
this AGREEMENT has been subject to the mutual consultation, negotiation and
agreement of each Party and shall not be construed for or against any Party.
Economic Development Agreement 12
14. Execution of Counterparts: This AGREEMENT may be executed in
multiple counterparts, each of which shall be deemed an original, and all of which, taken
together, shall constitute but one and the same instrument, which may be sufficiently
evidenced by one counterpart.
15. Waiver. Failure of any Party hereto to insist on the strict performance
of any of the agreements herein or to exercise any rights or remedies accruing thereunder
upon default or failure of performance shall not be considered a waiver of the right to
insist on and to enforce by an appropriate remedy, strict compliance with any other
obligation hereunder to exercise any right or remedy occurring as a result of any future
default or failure of performance.
16. Governmental Immunity; Consent to Suit. Nothing in this
AGREEMENT shall constitute a waiver by the CITY of its governmental or sovereign
immunity. Nothing in this AGREEMENT shall be construed as express or implied consent
by the CITY to being sued.
Executed in duplicate this the
CITY OF BEAUMONT
Kyle Hayes
City Manager
day of
, 2015.
ENTERPRISE BEAUMONT MARINE WEST, L.P.
By: Enterprise Beaumont Marine West GP, LLC
Its: General Partner
By: _
Name:
Title:
Economic Development Agreement 13
EXHIBIT A
Application and Eligible Property
CEE�UYONi, TEY119
APPLICATION FOR 380 INCENTIVES
Applicant Information
1. Beneficiary of Incentives Enterprise Beaumont Marine West, L.P
Property Owner X Business Owner. Leaseholder_ (check all that apply)
Mailing address P. O Box 4018 Houston, Texas 77210-4018
Telephone (713)381-8253 Fax 281-887-7022
Cell Phone N/A Email anoor@eprod.com
2. Contact Information Curt Tate
Title Director of Property and Transaction Tax
Mailing address PO. Box 4018 Houston, Texas 77210-4018
Telephone (713) 381-8071 Fax 281-887-7022
Cell Phone N/A Email ctate(c-)eprod.com
Relationship to Beneficiary: Same as above X Authorized Representative _
3. Property address 6275 Highway 347 , Beaumont, Texas 77705
4. Property legal description (metes & bounds) P Humphreyes ABS -32 PT TR 11 &12
Jefferson County Appraisal District Account # 130567
5. Attach a complete description of the project including: See Attached
A. Method of financing Equity financing/Self funding
B. Primary business activity at this site -Crude Storage
C. Complete description of all land uses see attached
D. Time schedule for completion of improvements 14 Months
E. NAICS/SIC Industry Code 486110
F. Descriptive list of improvements
1. Size 125.344 Acres
2. Cost of construction $ 394,059,542
3. Value of Personal Property
a. Inventory $ None
What percent is eligible for Freeport Exemption (exported from
Texas within 175 days) N/Ayo
b. Equipment, machinery, furnishings, etc. $ 154,427,504
G. What taxable sales will be generated at this location $ None per year
6. These documents must be submitted prior to the City staff's review of the application:
• Property tax statement from the County Tax Office See attached
• Plat/map of project location See Attached
7. Level of abatement requested 100
or X Business Personal Property
City of Beaumont Incentives Application
Page 1 of 3
10 Years on X Real Property
Describe, in detail, all other incentives sought from the City- other economic incentives, fee waivers, fast-track
plans review, etc. Jefferson County,and Port of Beaumont Navigation District.
9. Estimated taxable value of property improvements: Real $154 Million Personal $150,0000
Estimated taxable value is the value of the improvements on January 1 of the year after the improvements are
made.
10. Job Creation & Retention:
Number of Full Time
Equivalent Jobs
Avg. Annual, Monthly, Benefits Provided #t of Positions Created # of Positions
or Hourly Wage Retained
Executive
Professional
$ 60,230 Avg. Annual H"&'.Msdcaltrn� and AWK, C
V
Managerial
Administrative
General Labor
Other
Total
11. Infrastructure improvements/modifications sought: None
12. Will 381 application be made to Jefferson CountyYes X No
13. On an attachment, describe why incentives are necessary for the success of this project and, how the
improvements will benefit the property at the conclusion of the incentives (Include any
documentation necessary to substantiate your request and if any other locations are under
consideration). See Attached
14. 1 am authorized to sign this application for incentives and to certify through my signature below that
the business for whom I am authorized to sign, or a branch, division, or department of the business,
does not and will not knowingly employ an undocumented worker. If, after receiving an incentive or
a "public subsidy" as defined In Government Code § 2254.001(3), the business or a branch, division,
or department of the business, is convicted of a violation under 8 U.S.C. § 1324a(f), the business shall
repay the amount of the incentive or the public subsidy with interest, at the rate and according to the
other terms provided by an agreement rewired under Government Cade § 2264.D53, not Jater than the
120th day after the date the City notifies the business of the violation.
I certify that the information contained herein is true and correct.
Curt Tate Director of Property and Transaction Tax
Name Title (Must be signed by a corporate officer
December 3, 2015 with signature authority)
Date
City of Beaumont Incentives Application
Page 2 of 3 ct
U1
This application must be completed and returned for consideration prior to the submission of an
application for a building permit or the issuance of a certificate of occupancy, whichever comes first.
Upon receipt of this application, the City of Beaumont shall require such financial and other information
as may be deemed appropriate for evaluating the financial capacity and other factors of the applicant.
An electronic copy of this application is available. For more information, please call (409) 880-3100.
Completed requests should be submitted to,
Chris Boone
Director of Planning and Community Development
City of Beaumont
P.O. Box 3827
Beaumont, TX 77701
City of Beaumont Incentives Application
Page 3 of 3
Project Description
Enterprise Beaumont Marine West, L.P ("Enterprise") is considering construction of a
storage facility consisting of new 4.1 million barrels of crude oil storage tanks, pipeline
interconnects and distribution system at the existing Enterprise Oiltanking Beaumont
facility. The construction will include a new finger -pier style vessel docks near existing
docks to accommodate the additional storage capacity. Also, additional inbound and
outbound pipeline connectivity will be required.
Project investment:
Location Remote Side'
Shore Side
Pipelines
Total
Total Cost of Project
$154,427,504
$95,250,012
$144,382,026
$394,059,542
Taxable Property
131,301,628
78,260,078
135,104,907
344,666,614
Pollution Control*
13,860,225
11,274,933
614,197
25,749,356
Capitalized Interest*
9,265,650
5,715,001
8,662,922
23,643,573
$
154,427,504
$ 95,250,012 $
144,382,026
$ 394,059,542
* Exempt
** Eligible for 381 Agreement
Method of Financing- Self funding /Equity offering
- Primary business activity at the site- Crude oil storage
Time schedule of completion of improvements- 14 months
- NAICS/SIC Industry Code -486110
Construction Cost- $ 394,049,542
Inventory value owned by Enterprise -$ 0 ( Inventory owned by third party)
Inventory eligible for Freeport Exemption- NA
Equipment, Tanks, Pipe, etc. -$ 154,427,504
00054631-2
Location Determination Factors
• Enterprise is a leading midstream energy company with large pipeline foot print
in Louisiana. These pipelines provide substantial flexibility in plant location.
(a) Enterprise has significant assets in Louisiana including pipes that can and do move
product to and from Texas.
(b) For every significant Investment we make, there is a thorough review of the offered
tax Incentives in the region that helps determine our long term Investment approach
in a states or location.
(c) While Louisiana has had very competitive incentives to make big investments in their
state, Texas has been equally competitive with the Inclusion of the local tax
incentives programs.
(d) Support for these Texas industries can be managed via pipelines to and processes in
neighboring states.
(e) Enterprise will continue this business valuation and decision process.
• The property tax burden has a direct impact on the proposed project's economic
viability and the decision to invest in the City of Beaumont.
• The ability to enter into 380 agreements with the City of Beaumont is a determining
factor to invest in the City of Beaumont, Texas.
• Capital investments by the Applicant are allocated to projects based on expected
economic return on investment. Property tax liabilities can make up a substantial
ongoing cost of operation that directly impacts the rate of return on the investment in
the proposed project. Without the tax incentive this project will not meet the required
rate of return to move forward with the investment.
• Tax incentives play an important role in attracting capital intensive facilities due to
the high property tax burden in Texas.
• The Applicant is evaluating various projects for development and where to commit
substantial long term investment based on economic rate of return on investment in
the proposed projects. The economic benefit provided by the 380 agreement is an
important component in this analysis.
00054631-2
Map of Project Location:
Beaumont — West Terminal
o 5.5 MMBbls storage (primarily products
and petrochemicals)
o 4.1 MMBbIs crude oil storage under
construction
Beaumont — West Docks
D 2—ship / 2—barge with 40' draft
o 2—ship under construction
LOA — 900'/ Beam —150'
o Crude oil loading rate up to 25,000 BPH
00054631-2
From
This laNOT a ement x 2015 Notice Of Appraised Value °° Nor ►�avice
Statement 77la Notice
Property ID: 349283 A
Jefferson Court A raisal District Ownership % 10°_0° S
County PP Geo ID:+ - —n -vim u
PO Box 21337 DSA:
Beaumont, TX 77720-1337 Legal BEAUMONT TERMINAL IMPROVEMENTS kN
INSIDE CITY NEW ASATMENT) 6275 HWY
Phone: 409-840-9944 Fax: 405-840-9732 347; 0MOMBEAUM00 (1 �fj�
528600-000-0OOOt3-00000 t
DATE OF NOTICE: May 21, 2015 Legal Acres. c�
Sftus:
Appraiser
Owner ID 480875
Property ID: 349283 - 528600-0DO-0000000
M BPR[Sl; iilMOW MARINA '
WEST -S
PROPERTY TAX DEPARTMENT. PO BOX 4018
HOUSTON, TX 77210-4018 US
Jefferson County Appraisal District
PO Box 21337
Beaumont, TX 77720-1337
Dear Prop" Owner,
i
W^ h— nr ;, A th^ nrr rtv lixie l nhnve for the tax veer 2015. As of January 1. our aooraisal Is outlined bel yw
Appra" Informabon
P - 2015
Structure 1 Improvement Market Value
2,050,000
Market Value of Nan AgiTimber Land
0
Market Value of AgJTvnber Lend
0
0
Market Value of Petsorta! M nerals
2,050,000
Total Market Value
l 2 050 040
prod ivity Value of amber Land
0
Appraised Value ' Possible Homestead Limitations tee asterisk below
2,050,000
Homestead Cap Value excluding Non-Homeslte Value i.e. Ag, Commercial
0
Exemptions
tI AB
2014
2,050 000
2015
l 2015
f 2015
2015
2015
Tsxabk
Taxing Unit
Proposed
Examptfon
TYxabie
Tan RataEstimated
L
Frieze You and
vakm
7,48250
Appnalsied Value
Amount
Vail
Taxes
Tkx
U hAK M AN U LA I=MRL KUhLLJ
0 BEAUMONT INDEPENDENT SCHO
6,.J0. y
2,050,000
v
0
r.v....,vv..
2,050,000
•""'•'•"'_
1315000
---
28,85750
0 CITY OF BEAUMONT
2,050,000
0
2,050,000
0.880000
14,145,00
0 PORT OF BEAUMONT
2,050,000
0
2,050000
0.084877
1,325.87
0 SABINE-NECHES NAVIGATION DI
2,050,000
0
2,050 000
0 OB9374
1,832.18
0 DRAINAGE DISTRICT *7
2,050,000
0
2,050 000
0.170802
3,497.34
0 JEFFERSON COUNTY
2,050,000
0
2,050.000
0.385000
7,48250
Do NOT Pay From This Notice Total Estimated Tax: SSS,240.37
The Texas Leglalature does not set the amount of your local taxes, Your property ax burden Is decided by your localty elected oRiclals and all Inquiries
concerning your taxes should be directed to those oA9clels.
The above tax estimates use last year's tax rates for the taxing units shown. The govem;ng body of each unit (school board, county commissioners, and so forth) decides
whether property taxes Increase, The appraisal district onhy de'.ermines your property value. The taxing units will set tau rates later this year
Your residence homestead is protected from future appraisal va ue Increases in excess of 10% per year from the date of the last appraisal PLUS the value of any new
Improvements.
if you are 65 years of age or older and received the 510,000 school tax exemption on your home last year from the school listed above, your school taxes for this year
will not be higher than when you first received the exemption on this horse, if you are disabled and received the 510,000 sdtod tax exemption on your home last year from
the school listed above, your school taxes !or this year will not be higher than the 2003 taxes or the first year you received the exemption, whichever is later N your
county city, or junto, college has approved a limitation on ycur taxes in the preceding year, your county. city, or;unlor college taxes will not be hpher than the first
year your county, city, orjunior col fte approved the limitation or line first year you qualified for the limitation. 11 you imprcved your property (by adding rooms or
buildings), your school, county, city, or Junior college ceiling may Increase for these improvements. If you area surviving spouse, age 55 or older, you may retain the
school, county, city. or junior college tax ceiling.
Contact the appraisal office If you disagree with this years proposed value for your property or If you have any proGem with the property description or address
information If the problem cannot be resolved, you have the right to appeal to the appraisal review board (ARB).
To appeal, You mu_-4_jiia._a_w ittenpmtest with the ARB beforethe deadline date:
�:.
Location of hearings: 4810 S 4th St Beaumont. TX 77705
ARB will begin heahngar June 3, 2015
Enclosed is a Protest form to send the appraisal district office if you Intend to appear and present evidence before the ARB The ARB will notify, you of the date, time
and place of your acf:eduted hearing. Enclosed, also, Is information to help you in preparing your protest You do not need to use the enclosed form to file Your protest
You may protest by letter, if it includes your name, your property's description, and your reason for protesting.
If you have any questions or meed more information, please contact the appraisal district office at 409-840-9944 or at the address shorn above
Sincerely,
Angie Bedard a a[� D
Chief Appraiser
rplol5
This is NOT a Tax
Statement
2015 Notice of Appraised Value
JEFFERSON COUNTY APPRAISAL DISTRICT
PO BOX 21337
BEAUMONT, TX 77720-1337
Phone 409440-0944 Fax 409-840-9732
DATE OF NOTICE April 27, 2015 442,7�QIS
Do Not Pay From
This Notice
Account#: 130567
Ownership %: 100.00
Geo 1D: 300032.000-U02101-00000-4
Legal: P HUNIPHREYS ASS -32 PT TR 11&12 125 344 AC
(NON -AG ACCT) FEE 644 & 645 IND USE LAND
Legal Acres: 125.344
Situs: Tx
Agent 10: 468640
Property ID, 130567 - 300032-000-002101-00000-0 Jefferson County Appraisal District
OUCHARME MCMILLEN &ASSOC INC PO Box 21337
Agent for, OILTANKING BEAUMONT PARTNERSH
e diw 12710 RESEARCH BLVD STE 305 Beaumont, TX 77720-1337
AUSTIN, TX 787591360
Dear Property Owner,
We have appraised the property listed above for the tax year 2015. As of January 1, our appraisal Is outlined below.
Appraisal lnfarination
Last Year - 2014
Proposed - 2015
Structure & {m rovement Market Value
0
0
Market Value or Non A rTmber Land
940,080
940,080
Market Value of A !Timber Land
0
0
Niarket Value of Personal Pro art /irlinerals
0
0
Total Market Value
940,080
940,000
Productivity Value of AglTimber Land
0
0
A praised Value ' Possible Homestead Umltations, see asterisk below
940.080
940,060
Homestead Cap Value exdudin Non-Homesite Value I e. Ag, Commercial)
0
0
F -rem tions (DV- Disabled Vet: DP -Disabled Person; HS -Homestead, OV55-Over 65)
O.Oe9314
2014
Taxable
Value
Taxing Unit
2015
Proposed
Assessed
Value
2015
Exemption
Amount
2015
Taxable
Value
2014
Tax Rate
2015
Estimated
Taxes
940,090 JLrnrmou coDtr:r
2015
FreezeYear
and Tax Calling"
940,080 FXM AND LATr3UL ROAD
940,000
0
940,060
0.000000
0.00
940,080 ELAlOrm IMemminirr 13CHO
940,080
0
940,080
1.335000
12,362.05
940,000 CIT! Or BEAUMONT
940,080
0
940,060
0.690000
6,476.56
940,080 PORT Or atXUH err
940,080
0
940,070
0.064617
608.02
940,080 aMrn-HLCHLa HAvIGATION
940,080
0
940,080
O.Oe9314
840.19
940,080 CRA aGZ DIBTAICT 17
940,080
0
940,080
0.170602
1,603.BD
940,090 JLrnrmou coDtr:r
940,080
0
940,080
0.365000
3,431,29
Do NOT Pay From This Notice Total Estimated Tax: $25,331.91
The difference batvmvn the 2010 appralsed value and the propmad 2015 appraised value Is 20249.05%. This p4rcentage Information Is raquirad by Tax Code section 26.19(b-1
"The Texas Legislature does not set the amount of your local taxes. Your property tax burden Is decided by your locally elected officials, and all
Inquirfes concerning your taxes should be directed to those officials."
The above tax estimates use last years lax rates for the taxing units shown. The goveming body of each unit (school board, county commissioners, and so forth)
decides whether property taxes increase. The appraisal district only determines your property's value. The taxing units will set tax rates tater this year.
'Your residence homestead Is protected from future appraisal value increases in excess of 10% per year from the dale of the last appraisal PLUS the value of any
new improvements. Any property previously omitted from the appraisal will be added as allowed by Section 25 21 of the Texas Property Tax Cade.
" If you are age 65 or older and received the $10,040 school tax exemption on your home Iasi year from the school listed above, your school taxes for this year veil
not be higher than when you first received the exemption on your home. If you are disabled and received the 510,000 schDol tax exemption on your home last year
from the school listed above, your school taxes for this year will nal be higher than the 2003 taxes or the first year you received the exemption, whichever is later. If
your county, dly, or Junior college has approved a limitation on your taxes in the preceding year, your county, city, or junior college taxes will not be higher than the
First year your county, city, or junior college approved the limitalion or the first year you qualified for the limitation. If you improved your property (try adding rooms or
buildings) your school, county, city, or junior college ceiling may increase for these improvements. If you are a surviving spouse age 55 or older of a person that
qualified for the age 65 or older exemption , you may retain the school, county, city, or junior college lax ceiling
If you wish to appeal, you must file a WRITTEN protest with the ARB by the deadline dale:
Deadline for filing a protest: June 1, 2015
Location of Hearings: 4610 S 4th St Beaumont, TX 77705 THIS IS NOT A SILL
ARB will begin hearings: June 3, 2015
If you intend to appear and present evidence before the ARE], you may use the enclosed protest form to send to the appraisal office The ARB wilt notify you of the
date, time, and place of your scheduled hearing. You do not need to use the form 10 file your protest. You may protest by letter, if it Includes your name, your
property's description, and your reason for protesting
If you have any questions or need more information, please contact the appraisal district office at 409-040.9944 or at the address shown above
Sincerely,
Angie Bellard
Chief Appraiser
EXHIBIT "B"
PILOT Payment Schedule
Tax Year
PILOT Payment Amount
Pilot Payment Date
2016
$1,000,000
1/31/2017
2017
$1,000,000
1/31/2018
2018
$139,327
1/31/2019
2019
$139,327
1/31/2020
2020
$139,327
1/31/2021
2021
$139,327
1/31/2022
2022
$139,327
1/31/2023
2023
$139,327
1/31/2024
2024
$139,327
1/31/2025
2025
$139,327
1/31/2026
EXHIBIT C
Property
00048224-4
DESCRIPTION OF THE GATSBY REINVESTMENT 'LONE
All bearings and coordinates are based on the Texas Coordinate System, South Central Zone,
(NAD 27).
BEGINNYNG at a 21" iron pipe found for the most Soutlierly corner of the herein described
Gatsby Reinvestment Zone and a call 727.93 acre tract being a part of the same tracts as recorded
in Volume I765, Page 220, Jefferson County Deed Records (J.C.D.R.); said "POINT OF
13EGfNNTNG" being in the North line of McFaddin Canal No. 1.
THENCE, North 58°01'45" West, at 695.32 feet pass a TXDOT concrete ROW monument with
aluminum disk found at the intersection of the South ROW line of State Highway FM 3514, said
FM Highway 3514 being a perpetual road easement as recorded in File Number 9310194, Film
Code 104-73-1433, J.C.O.P.R., at I273.69 feet pass a found TXDOT concrete ROW monument
in the North ROW line of said FM 3514, and continuing for a total distance of 2914.31 feet (call
North 541119'27" West, 2914.29 feet) to a found 2" iron pipe in concrete (Yount-Lec Oil Co.
monument), said monument being the most Easterly confer of a call 2.125 acre tract conveyed to
Amoco Pipeline Company as recorded in File Number 98-9801168, Jefferson County Official
Public Records (J.C.O.P.R.);`
THENCE, along the South line of said 2.125 acre tract, South 59°03'22" West, 415.10 feet (call
62°42'45" West, 414.70 feet) to a 5/8" iron rod found for the most Southerly corner of said
2.125 acre tract, said corner being in the Easterly ROW line of Union Pacific Railroad (formerly
T&NO RR), said corner being the Northwest corner of a call 8.203 acre tract as recorded in File
Number 98-9821361, J C.O.P.R.;
THENCE-, along said Easterly ROW line of Union Pacific Railroad (100' wide), North
30°56'59" West, 267.57 feet (call North 27°14'47" West, 267.21 feet) to a 3/," iron pipe with cap
set for the Northwest or most Westerly corner of said 2.125 acre tract, from said'/," iron pipe a
found 1" iron pipe bears North 18"58'16" East, 1.62 feet;
THENCE, North 59"03'22" East, at 278.71 feet (call 278.14 feet) pass a 2" iron pipe in concrete
(Yount -Lee Oil Co. monument) found for a corner of said 727.93 acre tract and said 2.215 acre
tract, and continuing for a total distance of 2191.91 feet (call 2191.00 feet) to a point in a found
fence comer post in concrete;
THENCE-', Notlh 30'49'18" West, at 8.80 feet pass a ''/a" iron rod with Amoco Product=ion cap
found for reference, and continuing for a total distance of 3350.00 feet (call North 27°06'49"
West, 3350.01 feet) to a point at a 2" iron pipe in concrete found destroyed;
THENCE, along the most Northwesterly line of said 727.93 acre tract, North 42°02'16" East, at
10.00 feet pass a '/4" iron pipe with cap set for reference, and continuing for a total distance of
2306.14 feet (call North 45°45'45" East, 2306.11 feet) to a %" iron rod with Amoco Production
cap found at the most Northerly corner of said 727.93 acre tract;
E=XHIBIT "A"
THENCE-, North 42'02'16" Ease, 148.02 feet (call North 45145'45" East,148.00 feet) to a found
'/_" iron rod with Amoco Production cap;
THFNCE, along the Southwesterly line of a call 103.89 acre TEPPCO tract as recorded in File
Number 9006316, film Code 103-07-1160, J.C.O.PA., South 52°27'45" East, 1864.90 feet to a
'/" iron pipe whit cap set for the most Southerly earner of said 103.89 acre tract, from said 3/: '
iron pipe a found iron rod with Amoco Production cap hears North 24051154" Bast, 4.99 feet;
THENCE, along the Southeasterly line of said 103.89 acre tract and a call 13.12 acre TEPPCO
tract as recorded in File Number 9006316, North 37'23'15" East, 268I.07 feet (call 2681.0 feet)
to a 3/a" iron pipe with cap set for the most Easterly corner of said 13.I2 acre tract, said corner
being in the Southwesterly line of a Lower Neches Valley Authority (LNVA) 120 foot wide
canal easement as recorded in Volume 264; Page 489, J.C.D.R.;
THENCE, along the Northeasterly line of said 13.12 acre tract, sante being the Southwesterly
line of said LNVA easement, North 52°27'30-" West, 1903.70 feet to a'/." iron pipe With cap set
for the most Northerly corner of said 13.12 acre tract;
THENCE, traveling in a Northerly direction approximately 365 feet to a 3/4" iron pipe with cap
set at the in(ersection of the Northerly line of said McFaddin Canal No. 2 with said GSU
Northeasterly line, said corner being the Southwest corner of the residue of a call 155.58 acre
tract as recorded in Volume 260, Page 233, J.C.D.R.;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 53°05'46" East, 1098.05 feet to a set'/," iron pipe with cap;
THENCE, along the North line of said McFaddin Canal and the south line of said 155.58 acre
tract.. North 61 213'45" East, 400.24 feet to a :4" iron pipe with cap set in the Westerly ROW line
of State Highway 69, 96 & 287 (343' wide), from said pipe an iron rod with plastic cap bears
North 46°48'00" West, 6.73 feet;
THENCE, traveling in an Easterly Northeasterly direction approximately 335 feet to a %" iron
pipe witli cap set at the intersection of the Northerly line of said McFaddin Canal No. 2 with said
Easterly ROW line, said pipe being in the Soutlt line of the residue of said 155.58 acre tract;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 61 °13'45" Last, 333.62 feet to a set MA" iron pipe With cap;
THENCE, along the North line of said McFaddin Canal and the South line of said 155.58 acre
tract, North 4314238" l=ast, 191.53 feet to a'/." iron pipe with cap set in the Westerly ROMI line
of State I3ighway FM 347 (200' wide);
THENCE, traveling in a Northeasterly direction approximately 215 feet to a''/s" iron rod found in
the Northeast ROW line of State Highway FM 347 (200' wide at this point);
THE -NCE, along the Norlheast ROW line of said FM Higliway 347, North 51°42'49" West, at
15.5 feet pass a found concrete ROW monument, and continuing for a total distance of 396.17
firer to a found TXDO'f' concrete monument with brass cap (disturbed);
THENCE, continuing along the ROW line of FM Highway 347 (varying width), North
42°14'32" Last, 128.65 feet (call 126.76) to a set'/." iron pipe with cap;
TI1L'•NCE, along the ROW line of FM Highway 347, North 63°42'49'' West, 230.38 feet to a set
'/4" iron pipe with calx, said point being the beginning of a curve to the right;
THENCE, 200.00 feet along said curve to the right in said ROW line, said curve having a radius
of 954.93 feet, a delta of 12°00'00", and a chord bearing North 57°42'49" West, 199.63 feet to a
point on a found 4" iron pipe fence post;
THENCE, along the ROW line of said FM Highway 347, North 51'42'49" West, 101.62 feet to
a point on found 4" iron pipe fence post;
THENCE, North 43°32'08" East, 1,187.75 feet (call North 47115'27" Last) along the Southeast
line of a call 20.03 acre; tract as recorded in File Number 97-9731390, I.C.O.P.R. to a found 2"
iron pipe in concrete (Yount -Lee Oil Co. monument) said point being the East corner of said
20.03 acre tract, said point also being in the West Iute of the Kansas City Southern Railroad
(100` wide) as recorded in Volume 230, Page 58, J.C.D_R.;
THENCE-, along the Southwest line of said Kansas City Southern Railroad, South 47°48'03"
Last, 1,002.54 feet (call South 44°05'03" Cast), to a set'/," iron pipe with cap from which a
found %" iron rod bears South 50°27'20" West, 1.41 feet), said iron pipe being in the North line
of McFaddin Canal No. 2;
THENCE, along said North line and a Southeasterly line of a 24,05 acre tract as recorded in File
Number 2001014848, J.C.O.P.R., North 74°23'22" East, approximately 10 feet to a'/4" iron pipe
with cap found in the Southwesterly ROW line of said Kansas City Southern Railroad;
THENCE, North 7710C'I2" East, 121.79 feet to a'/4" iron rod with cap set in the Northeasterly
line of said railroad;
THENCE, along said Northeasterly ROW line, North 47°48'03" West, 54.29 feet to z 5/8" iron
rod (bent) found at the Southwest corner of a call 23.5505 acre tract as recorded in File Number
98814109;
THENCE, along the South line of said 23.5505 acre tract, North 830225116" Last, 398.85 feet to a
2" iron pipe found at the Southeast corner of said 23.5505 acre tract, said corner being a corner
of a call 461.42 acre tract as recorded in File Number 2001014848, I.C.O.P.R.;
THENCE, North 47"48'03" West, 2,715.70 feet (call North 44°07'00" 'West, 2,713.75 feet)
along said Fasterly line of said 23.5505 acre tract to a I" Iron pipe found for the most Westerly
corner of the herein described tract, said point being the most Southerly corner of a call 203.2524
acre tract as recorded in File Number 98-9814111, said point also being in the East line of said
23.5505 acre tract;
THENCEE, North 41056'47" East, 2,730.34 feet (call North 45138' East, 2,730.3 feet), to a found
!" iron rod;
THENCE, North 87°28'34" East (call South 88°55' Last), at 464.63 feet, pass a found 3-1/2"
aluminum pipe, at 876.09 feet pass a found 3-1/2" aluminum pipe, at approximately 2200 feet to
a point for corner being the Southwest corner of a call 24.6091 acre tract described as Tract 128,
P. Humplueys Survey, Abstract 32 in the Jefferson County Tax Records.
THENCE, traveling in a Northerly direction along the West line of said 24.6091 acre tract
approximately 1005 i-ect to a point for comer,
THENCE, traveling in a_ Westerly direction along the North line of said 24.6091 acre tract
approximately 750 feet to a point in the vegetation Iine of the Neches River,
THENCE, along with t re meanders of the Neches River the following courses and distances:
Southeast approximately 570 feet to a point;
Southeast approximately 475 feet to a point;
South 14123'24" East, 479.93 feet to a point on the end of an existing bulkhead;
South 08°41'51" East, 996.25 feet along an existing bulkhead to a point;
South 37°26'52" West, 97.18 feet along an existing bulkhead to a point;
South 12°03'OT' East, 90.65 feet along an existing bulkhead to a point;
South 24°41'26" Wcst, 54.32 feet to a point on the end of said bulkhead;
South 05°00'28" East, 263.95 feet to a point;
South 10°22'26" Eas'v, 128.42 feet to a point;
South 86°15'02" West, 27.20 feet to a point;
South 19°11'28" West, 105.60 feet to a point;
South 31 °57'39" Eas'., 60.57 feet to a point;
South 75159'58" East, 57.99 feet to a point;
North 89°01'22" East, 91,42 feet to a point;
South I5°36'54" East, .17.98 feet to a point;
South 23°49'09" West, 39.63 feet to a point;
South 14°25'57" ''Vc st, 241.83 feet to a point;
South 36`47'52" East, 46.54 feet to a point;
South 0S°09'24" last, 44.99 feet to a point;
South 31053'11" Bast, 354.38 feet across a United States Maritime Commission channel to the
end of an existing bulkhead;
South 26'37'11 " East, 226.69 feet to a point;
South 46°41'09" East, 111.12 feet to a point;
South 79°45'19" East, 77.11 feet to a point;
South 43102'03" Last, 123,25 feet to a point;
THENCE, departing the Neches River, South 03°43'30" East, at 20.24 feet pass a %z" iron pipe
set for reference, and continuing for a total distance of 120.24 feet to a set 1/4" iron pipe with cap;
THENCE, South 27036'31" West (call South 31020'02" West), along the North line of a Kansas
City Southern Railroad strip of land a5 recorded in Volume 230, Page 626, I.C.D.R., at 10.0 feet
pass a found 2" iron pipe, and continuing for a total distance of 1,428.00 feet to a point in deep
marsh;
THENCE, South 38°38'59" West, 269.63 feet, (call South 42°17'54" West, 270 feet) to a set 1/4"
iron pipe with cap;
THENCE, South 86026"16" West (call North 89'56'13" West), 148.00 feet to a found 2" iron
pipe in concrete (Yount-Lec Oil Co. monument);
THENCE;, North 89" 14'28" West, 102.67 feet (call Nordi 85"26'13" West, 103 feet) to a found
'/z" iron rod;
THENCE. North 4658'31" West, 455.46 feet (call North 43°21'07" West, 455 feet) to a set 3/4"
iron pipe with cap;
THENCE. South 32°20'56" West, at 3.60 feet pass a found ''/z" iron rod in concrete, and
continuing for a total distance of 685.34 feet (call South 36°03'02" West, 684.74 feet) to a found
%" iron rod;
THENCE. continuing South 32`20'26" West, approximately 840 feel, to a point for corner in the
Noriheasl ROW line of said State Highway FIA 347;
THENCE, traveling in a Southwesterly direction approximately 105 feet to a point for corner
being the East corner of a 13.202 acre tract described as Tracts 5-A & 5-C, P. Humphreys
Survey, Abstract 32 in the Jefferson County Tax Records.
THENCE, traveling in a Southwesterly direction along the Southeast line of said 13.202 acre
tract approximately 1000 feet to a point being the inost Southerly comer of said 13.202 acre tract
and the East ROW line of State Highway 69, 96 &, 287;
THENCE, continuing Southwest along the same line 220 feet to a point in the West ROW line of
State Highway 69, 96 & 287, also being the north line of a call 101.86 acre tract of land, being
part of a tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801169,
Jefferson County Official Public Records (J.C.0.11.11.);
THENCE, along said Southwest ROW line of FM Highway 347, South 51142'49" East,
approximately 1260 feet, to a concrete ROW monument ibund for corner from which a found 1/2"
iron rod bears South 52"05'33" East, 4.34 feet, said corner being the most Easterly corner of said
101.96 acre tract;
THENCE, South 38025'43" West (call South 42°05'58" West), 2129.69 feet to a 3/d" iron pipe
with cap set at the intersection of the South line of said 101.86 acre tract with the Easterly ROW
line of US Highway 69, 96 and 287 (338 feet wide at this point);
THENCE, in an Easterly direction approximately 330 feet to an iron rod in concrete (bent) bears
North 89°16'49" East, 0.57 feet, said point being in the Westerly ROW line of US Highway 69,
96 and 287 (338' wide't;
THENCE, along said Westerly ROW line, South 27'44'13" East, 286.94 feet to a point from
which a found '/z" iron rod bears North 58029'12" East, 0.48 feet, said point being the
intersection of said Westerly Highway ROW line with the Suuthwesterly line of said LNVA 120
foot wide can a] easement;
THENCE, along the Southwesterly line of said LNVA canal easement, North 52°27'30" West,
184.80 feet to a'h" iron pipe with cap set for the most Northerly corner of a tali 1.64 acre LNVA
fee tract as recorded in Volume 1394, Page 410, J.C.D.R.;
THENCE, with a Westerly 1bie of said 1.64 acre tract, South 14°57'30" East, 230.60 feet to a 3/,"
iron pipe with cap set for corner;
THENCE, with a Westerly Iine of said 1.64 acre tract- South 29120'38" East, 339.69 feet (call
335.7 feet) to a set 3/4" iron pipe with cap;
THENCE, with a Southerly line of said 1.64 acre tract, South 54142'13" East, 261.90 feet to a
/," iron pipe with cap set in the Westerly ROW line of US Highway 69, 96 & 287;
THENCE, alonIT said Westerly ROW line, South 27°44'13" last, at 656.55 feet Pass a found
concrete ROW monument, and continuing for a total distance of 658.15 feet to a 3/4" iron pipe
with call set for comer in the Northwesterly line of old McFaddin Canal No. I ;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 727.93 acre tract, South 55°07'11" West (call South 58°50'Wcst), 1320.78 feet to a point
from which a found 2" iron pipe: bears North 38055' West, 2.0 feet;
THENCE, along; the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract, South 43°32'50" West, 199.83 feet (call South 4715' West, 200 feet) to a
point from which a found 2" iron pipe bears North 52°07' West, 2.0 feet;
TIAENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract., South 32°11'35" West, 835.48 feet (call South 35°55' West, 836 feet) to a
point from which a found 2" iron pipe bears North 52028' West, 2.0 feet;
THENCE-, along the Northwesterly line of McFaddin Canal No. i and the Southeasterly Iine of
said 729.93 acre tract, South 32°16'04" West, at 3973.53 fact pass a 3/4 " iron pipe with cap set
at the intersection of the North ROW line of the aforesaid State Highway FM 3514 with the
Southeasterly line of said 729.93 acre tract, at 4182.14 pass a '/" iron pipe with cap set in the
South ROW line of said FM Highway 3514, and continuing; for a total distance of 5024.51 feet to
the "POINT OF BEGENNING" and containing 1559.5 acres more or fess.
1
■wrwar,yyne.�.
Mer
EXHIBIT D
Gatsby Reinvestment Zone
Designated by the City of Beaumont
Ordinance No. 14-024
Dated June 10, 2014
00048224 - 4`
ORDINANCE NO. 14-024
ENTITLED AN ORDINANCE DESIGNATING AN AREA AS
THE GATSBY REINVESTMENT ZONE PURSUANT TO THE
TEXAS REDEVELOPMENT AND TAX ABATEMENT ACT
(TEXAS TAX CODE, CHAPTER 312); PROVIDING TAX
INCENTIVES; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
WHEREAS, the City of Beaumont endeavors to create the proper economic and
social environment to induce the investment of private resources in productive business
enterprises located in areas of the City; and,
WHEREAS. it is found to be feasible and practical and would be a benefit to the
land to be included in the zone and to the City of Beaumont after the expiration of any
agreement entered into pursuant to the Property Redevelopment and Tax Abatement Act;
and,
WHEREAS, the zone is for Commercial -Industrial tax abatement; and,
WHEREAS, the area being designated is reasonably likely as a result of the
designation to contribute to the retention or expansion of primary employment or to attract
major investment in the zone that would be a benefit to the property and that would
contribute to the economic development of the City of Beaumont; and,
WHEREAS, to further this purpose, it is in the best interest of the City of Beaumont
to designate the area described in Exhibit "A" and shown on Exhibit "B" as the Gatsby
Reinvestment Zone pursuant to the Texas Redevelopment and Tax Abatement Act (Texas
Tax Code, Chapter 312);
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That the statements and findings set out in the preamble to this ordinance are hereby,
in all things, approved and adopted.
Section 2.
That the City Council hereby designates the area described in in Exhibit A and shown
on Exhibit T," attached hereto and incorporated herein for all purposes, as the Gatsby
Reinvestment Zone (herein referred to as the "Zone").
Section 3.
That the City Council finds that the Zone meets the criteria contained in the Texas
Redevelopment and Tax Abatement Act (Texas Tax Code, Chapter 312).
Section 4.
That the City Council finds that the designation of the reinvestment zone would
contribute to retention or expansion of primary employment in the area and/or would
contribute to the attraction of major investments that would be a benefit to the property and
would contribute to the economic development of the municipality.
Section 5.
That the City Council may provide certain tax incentives applicable to business enterprises
in the Zone, which are not applicable throughout the city, as allowed for in the Act.
Section 6.
That the City Council has established certain guidelines and criteria governing tax
abatement agreements and is therefore eligible to participate in tax abatement.
Section 7.
That a public hearing to consider this ordinance was held by the City Council on
June 10, 2014.
Section 8.
That this ordinance shall take effect from and after its passage as the law and
charter provide.
Section 9.
That if any section, subsection, sentence, clause, or phrase of this ordinance, orthe
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 10.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 10th day
June, 2014.
DESCRIPTION OF THE GATSBY REINVESTMENT 'LONE
All bearings and coordinates are based on the Texas Coordinate System, South Ccn+xal Zone,
(_-IAD 27).
BEGINNING at a -'" iron pipe found for the most Southerly corner of the herein described
Gatsby Reinvestment Zone and a call 727.93 acre tract being a part of the same tracts as recorded
in Volume 1765, Page 220, Jefferson County Deed Records (J.C.D.R.); said "POINT OF
BEGTN-.NTNG" being in the North line of McFaddin Canal No. I .
THENCE, North 58°01'45" West, at 695.32 feet pass a TXDOT concrete ROW monument with
aluminum disk found at the intersection of the South ROW line of State Highway FM 3514, said
FM Highway 3514 being a perpetual road easement as recorded in File Number 9310194, Film
Code 104-73-1433, J.C.O.P.R., at 1273.69 feet pass a found TXDOT concrete ROW monument
in the North ROW line of said FM 3514, and continuing for a total distance of 2914.3I feet (call
North 54019'27" West, 2914.29 feet) to a found 2" iron pipe in concrete (Yount-Lec Oil Co.
inonument), said monument being the most Easterly corner of a call 2.125 acre tract conveyed to
Amoco Pipeline Company as recorded in File Number 98-9801168, Jefferson County Official
Public Records (J.C.0.13.11.);
THENCE, along the South line of said 2.125 acre tract, South 59003'22" West, 415.10 feel (call
62°42'45" West, 414.70 feet) to a 5/8" iron rod found for the most Southerly corner of said
2.125 acre tract, said corner being in the Easterly ROW line of Union Pacific Railroad (formerly
T&NO RR), said corner being the Northwest corner of a call 8.203 acre tract as recorded in File
Number 98-9821361, J.C.O.P.R.;
THENCE, along said Easterly ROW line of Union Pacific Railroad (I00' wide), North
30°56'59" West, 267.57 feet (call North 27°14'47" West, 267.21 feet) to a 3/4" iron pipe with cap
set for the Northwest or most Westerly corner of said 2.125 acre tract, from said'/," iron pipe a
found i" iron pipe bear North 18°58'16" East, 1.62 feet;
THENCE, North 59°03'22" East, at 278.71 feet (call 278.14 feet) pass a 2" iron pipe in concrete
(Yount -Lee Oil Co. monument) found for a corner of said 727.93 acre tract and said 2.215 acre
tract, and continuing for a total distance of 2191.91 feet (call 2191.00 feet) to a point in a found
fence corner post in concrete;
THENCE, North 30°49' 18" West, at 8.80 feet pass a ''/i" iron rod with Amoco Production cap
found for reference, and continuing for a total distance of 3350.00 feet (call North 27°06'49"
West, 3350.01 feet) to a point at a 2" iron pipe in concrete found destroyed;
THENCE. along the most Northwesterly line of said 727.93 acre tract, North 42002'1611 East, at
10.00 feet pass a '/4" iron pipe with cap set for reference, and continuing for a total distance of
2306.14 feet (call North 45°45'45" East, 2306.11 feet) to a ''/i" iron rod with Amoco Production
cap found at the most Northerly corner of said 727.93 acre tract;
L;xH1Dl'r "A"
THENCE, North 42"02'16" East, 148.02 feet (call North 45°45'45" East, 148.00 feet) to a found
'/" iron rod with Amoco Production cap;
THENCE, along the Southwesterly line of a call 103.89 acre TEPPCO tract as recorded in File
Number 9006316, film Code 103-07-1160, J.C.O.P.R., South 52°27'45" East, 1864.90 feet to a
'/4" iron pipe with cap set for the most Southerly corner of said 103.89 acre tract, from said 3/"
iron pipe a found iron rod with Amoco Production cap heajs North 24°51'54" East, 4.99 feet;
THENCE, along the Southeasterly Iine of said 103.89 acre tract and a call 13.I2 acre TEPPCO
tract as recorded in File Number 9006316, North 37023'15"' East, 2681.07 feet (call 2681.0 feet)
to a z/4" iron pipe with cap set for the most Easterly comer of said 13.12 acre tract; said corner
being in the Southwesterly line of a Lower Neches Valley Authority (LNVA) 120 foot wide
canal easement as recorded in Vol-Lune 264; Page 489, J.C.D.R.;
THENCE, along the Northeasterly Iine of said 13.12 acre tract, same being the Southwesterly
line of said LNVA easement, North 52°27'30' West, 1903.70 feet to a 114" iron pipe with cap set
for the most Northerly corner of said 13.12 acre tract;
THENCE, traveling in a Northerly direction approximately 365 feet to a 3/4" iron pipe with cap
set at the intersection of the Northerly line of said McFaddvi Canal No. 2 with said GSU
Northeasterly line, said corner being the Southwest corner of the residue of a call 155.58 acre
tract as recorded in Volume 260, Page 233, J.C.D.R.;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 53°05'46" fast, 1098.05 feet to a set'/," iron pipe with cap;
THENCE, along die '-North line of said McFaddin Canal and the south line of said 155.58 acre
tract, North 61113'45" Bast, 400.24 feet to a '/," iron pipe with cap set in the Westerly ROW line
of State Highway 69, 96 & 287 (343' wide), from said pipe an iron rod with plastic cap bears
North 46°48'00" West, 6.73 feet;
THENCE, traveling in an Easterly Northeasterly direction approximately 335 feet to a /," iron
pipe wide cap sct at the intersection of the ]Northerly line of said McFaddin Canal No_ 2 wilh said
Easterly ROW line, said pipe being in the South line of the residue of said 155.58 acre tract;
THENCE, along the Northerly line of said McFaddin Canal No. 2, same being the South line of
said 155.58 acre tract, North 61013'45" East, 333.62 feet to a set !." iron pipe with cap;
THENCE, along the North line of said McFaddin Canal and the South line of said 155.58 acre
tract, North 43°42'38'' Bast, 191.53 feet to a'/," iron pipe with cap set in the Westerly ROW line
of Slate Highway FM 347 (200' wide);
THENCE, traveling in a Northeasterly direction approximately 215 feet to a I/2" iron rod found in
the Northeast ROW line of State Highway FM 347 (200' wide at this point);
THE-NCE. along the Northeast ROW line of said FM Highway 347, North 51'42'49" West, at
15.5 feet pass a found concrete ROW monument, and continuing for a total distance of 396.17
feet to a found TXDOT concrete monument with brass cap (disturbed);
THENCE, continuing along the ROW line of FM Highway 347 (varying width), North
42014'32" last, 128.65 feet (call 126.76) to a set'l." iron pipe with cap;
TI IENCE, along the ROW line of 1=M Highway 347, North 63°42'49' West, 230.38 feet to a set
iron pipe with cap, said point being the beginning of a curve to the right;
THENCE, 200.00 feet along said curve to the right in said ROW line, said curve having a radius
of 954.93 feet, a delta of 12°00'00", and a chord bearing North 57°42'49" West, 199.63 feet to a
point on a found 4" iron pipe fence post;
THENCE, along the ROW line ofsaid FM Highway 347, North 51°42'49" West, 101.62 feet to
a point on found 4" iron pipe fence post;
THENCE, North 43°32'08" East, 1,187.75 feet (call North 47=15'27" East) along the Southeast
line of a call 20.03 acre tract as recorded in File Number 97-9731390, J.C.O.P.R. to a found 2"
iron pipe in concrete (Yount-Lee Oil Co. monument) said point being the East corner of said
20.03 acre tract, said point also being in the West line of the Kansas City Southern Railroad
(100` wide) as recorded in Volume 230, Page 58, J.C.D.R.;
THENCE, along the Southwest line of said Kansas City Southern Railroad, South 47148'03"
East, 1,002.54 feet (call South 44°05'03" East), to a set'/," iron pipe with cap from which a
found '/z" iron rod bears South 50°27'20" West, 1.41 feet), said iron pipe being in the North line
of McFaddin Canal No. 2;
THENCE, along said North line and a Southeasterly line of a 24.05 acre tract as recorded in File
Number 2001014848, J.C.O.P.R., North 74°23'22" East, approximately 10 feet to a'/a" iron pipe
with cap found in the Southwesterly ROW line of said Kansas City Southern Railroad;
THENCE, North 77'OC'l2" East, 121.79 feet to a'/4" iron rod with cap set in the Northeasterly
line of said railroad;
THENCE, along said Northeasterly ROW line, North 47°48'03" West, 54.29 feet to a 5/8" iron
rod (bent) found at the Southwest comer of a call 23.5505 acre tract as recorded in File Number
98814109;
THENCE, along the South line of said 23.5505 acre tract, North 83'25'16" Last, 398.85 feet to a
2" iron pipe found at the Southeast corner of said 23.5505 acre tract, said corner being a corner
of a call 461.42 acre tract as recorded in File Number 2001014848, J.C.O.P.R.;
THENCE, North 47"48'03" West, 2,715.70 feet (call North 44107'00" West, 2,713.75 feet)
along said Easterly line of said 23,5505 acre tract to a I" iron pipe found for the most Westerly
corner of the herein described tract, said point being the most Southerly corner of a call 203.2524
acre tract as recorded in File Number 98-9814111, said point also being in the East line of said
23.5505 acre tract;
THENCE, E, North 41056'47" fast, 2,730.34 feet (call North 45°38' East, 2,730.3 feel), to a found
'/-_" iron rod;
THENCE-, North 87°28'34" East (call South 88055' East), at 464.63 feet, pass a found 3-1/2"
aluminum pipe, at 876.09 feet pass a found 3-1/2" aluminum pipe, at approximately 2200 feet to
a point for comer being the Southwest corner of a call 24.6091 acre tract described as Tract 128,
P. Humphreys Survey, Abstract 32 in the Jefferson County Tax Records.
')'HENCE, traveling in a Northerly direction along the West line of said 24.6091 acre tract
approximately 1005 feet to a point for comer,
THENCE, traveling in a. Westerly direction along the Noah line of said 24.6091 acre tract
approximately 750 feet to a point in the vegetation line of the Neches River,
THENCE, along with tae meanders of the Neches River the following courses and distances:
Southeast approximately 570 feet to a point;
Southeast approximately 475 feet to a point;
South 14123'24" East, 479.93 feet to a point on the end of an existing bulkhead;
South 08°41'51" Last, 996.25 feet along an existing bulkhead to a point;
South 37°26'52" West, 97.18 feet along all existing bulkhead to a point;
South 12°03'07" East, 90.65 feet along an existing bulkhead to a point;
South 24°41'26" West, 54.32 feet to a point on the end of said bulkhead;
South 05°00'28" East, 263.95 feet to a point;
South 10°22'26" East, 128.42 feet to a point;
South 86°15'02" West, 27.20 feet to a point;
South 19°11'28" West, 105.60 feet to a point;
South 31 °57'39" East, 60.57 feet to a point;
South 75°59'58" East, 57.99 feet to a point;
North 89°01'22" East, 91.42 feet to a point;
South 15'3654" East, 37.98 feel to a point;
South 23°49'09" West, 39.63 feel to a point;
South 14°25'57" West, 241.53 feet to a point;
South 36°47'52" Fast, 46.54 feet to a point;
South 05°09'24" East, 44.99 feet to a point;
South 31°53'11" last, 354.38 feet across a United States Maritime Cornmission channel to the
end of an existing bulkhead;
South 26'37'11 " East, 226.69 feet to a point;
South 46°41'09" East, 111.12 feet to a point;
South 79'45'19" East, 77.11 feet to a point;
South 43°02'03" Easy., 123.25 feet to a point;
THENCE, departing the Neches River, South 03°43'30" East, at 20.24 feet pass a ''/_" iron pipe
set for reference, and continuing for a total distance of 120.24 feet to a set 3/o" iron pipe with cap;
THENCE. South 27036'31" West (call South 31'20'02" West), along the North line of a Kansas
City Southern Railroad strip of land as recorded in Volume 230, Page 626, J.C.D.R., at 10.0 feet
pass a found 2" iron pipe, and continuing for a total distance of I,428.00 feet to a point in deep
rn ars] i;
THENCE, South 38°38'59" West, 269.63 feet, (call South 42°17'541' West, 270 feet) to a set 1W,
iron pipe with cap;
TI IENCE, South 86°26' I6" West (call North 89056'13" West), I48.00 feet to a found 2" iron
pipe in concrete (Yount-Lec Oil Co. monument);
THENCE, North 99°14'28" West, 102.67 feet (call North 8526'13" West, 103 feet) to a found
'/z" iron rod;
THENCE. North 46°58'31" West, 455.46 feet (call North 43°21'07" West, 455 feet) to a set 3/n"
iron pipe with cap;
THENCE, South 32°20'56'' West; at 3.60 feet pass a found 'lz" iron rod in concrete, and
continuing for a total distance of 685.34 feet (call South 36103'02" West, 684.74 feet) to a found
`�Z" iron rod;
THENCE. continuing South 32"20'26" West, approximately 840 feet. to a point for corner in the
Northeast ROW line of said State Highway rM 347;
THENCE, traveling in a Southwesterly direction approximately 105 feet to a point. for corner
being the East corner of a 13.202 acre tract described as Tracts 5-A & 5-C, P. I-Iumphreys
Survey, Abstract 32 in the Jcftcrson County Tax Records.
THENCE, traveling in a Southwesterly direction along the Southeast line of said 13.202 acre
tract approximately 1000 feet to a point being the most Southerly comer of said 13.202 acre tract
and the East ROW line of State Highway 69, 96 & 287;
THENCE, continuing Southwest along the same line 220 feet to a point in the West ROW line of
State Highway 69, 96 & 287, also being the north line of a call 101.86 acre tract of land, being
part of a tract conveyed to Amoco Pipeline Company as recorded in File Number 98-9801168,
Jefferson County Official Public Records (J.C.O.P.R.);
THENCE", along said Southwest ROW line of FM Highway 347, South 51°42'49" East,
approximately 1260 feet, to a concrete ROW monument found for corner from which a found '/1"
iron rod bears South 52°05'33" East, 4.34 feet, said corner being the most Easterly corner of said
101.96 acre tract;
THENCE, South 38°25'43" West (call South 42°05'58" West), 2129.69 feet to a'/4" iron pipe
with cap set at the intersection of the South line of said 101.86 acre tract with the Easterly ROW
line of US Highway 69, 96 and 287 (338 feet wide at this point);
TIIENCE, in an Easterly direction approximately 330 feet to an iron rod in concrete (bent) bears
North 89°16'49" East, 0.57 feet, said point feint; in the Westerly ROW line of US Highway 69,
96 and 287 (338' wide);
THENCR, along said Westerly ROW line, South 27'44'13" East, 286.94 feet to a point from
which a found ''/s" iron rod bears North 58029'12" East, 0.48 feet, said point being the
intersection of said Westerly highway ROW line with the Southwesterly line of said LNVA 120
foot wide canal easement;
THENCE, along the Southwesterly line of said LNVA canal easement, North 52°27'30" West,
t 84.80 feet to a'/4" iron pipe with cap set for the most Northerly corner of a call 1.64 acre LNVA
fee tract as recorded in Volume 1394, Page 410, J.C.D.R.:
TIIENCE, with a Westerly line of said 1.64 acre tract, South 14°57'30" East, 230.60 feet to a '/4"
iron pipe with cap set for corner;
THENCE, with a Westerly line of said 1.64 acre tract, South 29°20'38" East, 339.69 feet (call
335.7 feet) to a set 3/4" iron pipe with cap;
THENCE, with a Southerly line of said 1.64 acre tract, South 54'42'13" East, 261.90 feet to a
/." iron pipe with cap set in the Westerly ROW line of US Highway 69, 96 & 287;
ITIHNTCE, along said Westerly ROW line, South 27°44'13" l=ast, at 656.55 feet pass a found
concrete ROW monument, and continuing for a total distance of 658.15 feet to a 3/," iron pip --
with cap set for corner in the Northwesterly line of old McFaddin Canal No. 1;
THENCE, along the Northwesterly line of McFaddin Canal No. l and the Southeasterly line of
said 727.93 acre tract, South 55107'11" West (call South 58050'Wcst), 1320.78 feet to a point
from %vhieh a found 2- iron pipe: bears North 38°55' West. 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. I and the Southeasterly line of
said 729.93 acre tract, South 43°:12'50" West, 199.83 feet (call South 4715' West, 200 feet) to a
point from which a found 2" iron pipe bears North 52007' West. 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre tract, South 32°11'35" West, 835.48 feet (call South 35°55' West, 836 feet) to a
point from which a found 2" iron pipe bears North 52128' West, 2.0 feet;
THENCE, along the Northwesterly line of McFaddin Canal No. 1 and the Southeasterly line of
said 729.93 acre trac'. South 32°16'04" West, at 3973.53 feet pass a 3/4 " iron pipe witli cap set
at the intersection o- the North ROW line of the aforesaid State Highway FM 3534 with the
Southeasterly line of said 729.93 acre tract, at 4182.14 pass a 14" iron pipe with cap set in the
South ROW line of said FM Highway 3514, and continuing for a total distance of 5024.51 feet to
the "POINT Or BEGINNING" and containing 1559.5 acres more or less.
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RESOLUTION NO.14-125
BE IT FURTHER RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby adopts the City of Beaumont's Chapter 380 Economic
Development Program Polices and Procedures attached hereto as Exhibit "A."
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of June,
lot s
wt..�`
"-Mayorky Ames -
CHAPTER 380 ECONOMIC DEVELOPMENT PROGRAM
POLICIES AND PROCEDURES
I.
General Statement of Purpose and Policy
The City of Beaumont is committed to the promotion of high quality development in all
parts of the City and to an ongoing improvement in the quality of life for its citizens. The
City has previously developed economic development programs and incentives designed
to encourage new development in targeted areas. Now the City of Beaumont seeks to
enhance its economic development efforts to attract and retain high quality development
and jobs by establishing these Chapter 380 Economic Development Program Policies and
Procedures.
These Policies and Procedures are established in an effort to develop and expand the local
economy by promoting and encouraging development and redevelopment projects that
enhance the City's economic base, and diversify and expand job opportunities or by
promoting and encouraging projects that create additional revenue for the city without
substantially increasing the demand on City services or infrastructure. Tlie ultimate goal
and public purpose of programs established hereunder is to protect and enhance the
City's fiscal ability to provide high quality municipal services for the safety, comfort and
enjoyment of Beaumont residents.
In furtherance of these objectives, the City of Beaumont will, on a case-by-case basis,
give consideration to providing economic incentives to applicants in accordance with
these Policies and Procedures as authorized by Chapter 380 of the Texas Local
Government Code, as amended from time to time.
Nothing in this document is intended to imply or suggest that the City of Beaumont is
under any obligation to provide economic incentives to any applicant. All applicants shall
be considered on a case-by-case basis. The decision to approve or deny economic
incentives shall be at the discretion of the City Council. Each applicant granted economic
incentives as a Chapter 380 Economic Development Program (also referred to as
Program) under these Policies and Procedures must enter into an agreement with the City
of Beaumont containing all terms required by these Policies and Procedures and by .state
law to protect the public interest of receiving a public benefit in exchange for public
funds, assets and services invested to stimulate economic development.
EXHIBIT "A"
II.
Program Requirements
A. To be considered for incentives as a Chapter 380 Economic Development Program
under these Policies and Procedures, a project must at least meet the following
minimum requirements:
1. The project shall
a. be specifically determined by resolution of the Beaumont City Council to
bring benefit to the City consistent with the General Statement of Propose and
Policy.
2. In addition, the project
a. will enhance the City's fiscal ability to provide high quality municipal
services for the safety, comfort and enjoyment of Beaumont residents.
b. will make a unique or unequaled contribution to development or
redevelopment efforts in the City of Beaumont, due to its magnitude,
significance to the community or aesthetic quality.
B. A project shall not be eligible for incentives under these Policies and Procedures if a
building permit has been issued for the project prior to making application in
accordance with these Policies and Procedures.
M.
Additional Considerations
Additional factors to be considered by the City Council in determining whether to
authorize an Agreement for incentives as a Chapter 380 Economic Development Program
(Program) are:
A. The number and types of jobs to be created or retained;
B. The financial capacity of the applicant to undertake and complete the proposed
project;
C. The market conditions and growth potential for the business activity, and
D. Any other factors the City Council finds helpful and relevant to accomplishing the
City's economic development objectives.
F4
IV.
Application Process
A. An application for consideration as a Program shall be made on forms supplied by
the City. An applicant may be required to provide additional information to show
compliance with minimum Program requirements. If City staff determines
minimum Program requirements have been met, City staff shall prepare and
present a proposed Agreement with the application to the City Council.
B. The City Council may consider the proposed Agreement and may take action on
the proposal as it deems appropriate. Nothing in these Policies and Procedures
and nothing in the application form and process shall create any property,
contract, or other legal right in any person to have the City Council consider or
grant incentives.
V.
Agreement Terms
An Agreement established for a Program must include:
A. A timetable and list of the kind of improvements or development that the Program
will include, and conditions to assure that the Program meets or exceeds the City's
requirements.
B. A complete description of the location of the proposed Program or projects included
in the Program;
C. A timetable and list of the kind of benefits that the proposed Progimn will provide;
D. A provision establishing the duration the Agreement;
E. A provision providing a tangible means for measuring whether the applicant and
other responsible parties have met their obligations under the Agreement;
F. A provision providing for access to and authorizing inspection of the property and
applicant's pertinent business records by municipal employees in order to determine
compliance with the Agreement;
G. A provision for cancellation of the Agreement and/or nonpayment of incentives if the
Program is determined to not be in compliance with the Agreement;
H. A provision for recapturing City funds granted or loaned, or for recapturing the value
of other public assets granted or Ioaned,, if the applicant does not meet its duties and
obligations under the terms of the Agreement;
I. A provision that allows assignment of the Agreement with prior written approval of
the City Council, or without the prior written approval of the City Council provided
that:
1. all rights, duties, obligations and liabilities under the Agreement are assigned
from the assignor to the assignee; and
2. the assignment is made subject and subordinate to the Agreement and the
Chapter 380 Economic Development Program Policies and Procedures; and
3. the assignment document is in a form and contains content acceptable to the City
Attorney's Office;
I Provisions relating to administration, delinquent taxes, reporting requirements and
indemnification;
K. A provision that the Agreement may be amended by the parties to the Agreement by
using the same procedure for approval as is required for entering into the Agreement;
and
L. Such other provisions as the City Council shall deem appropriate.
4
RESOLUTION NO.
WHEREAS, the City of Beaumont has been approached by Enterprise Beaumont
Marine West, L.P. (formerly Oil Tanking) with a proposal for the construction of a facility
to store and transport 4.1 million barrels of crude oil; and,
WHEREAS, this project is intended to bolster local economic development by
stimulating business and commercial activity within the city; and,
WHEREAS, the developers have approached the City seeking economic
development incentives in the form of ad valorem tax abatements and have filed an
application with the City for Chapter 380 economic development incentives; and,
WHEREAS, the application has been reviewed and it has been determined that
the proposed project does satisfy the purpose and goals of the program in that it will
enhance the City's economic base and diversify and expand job opportunities; and,
WHEREAS, in order to maintain sufficient controls to ensure that the public
purpose is carried out, it is necessary to enter into an economic development
agreement with the developer establishing the expectations and terms of the
transaction; and,
WHEREAS, the City Council is of the opinion that approval of an application for
Chapter 380 economic development incentives and entering into an economic
development agreement with Enterprise Beaumont Marine West, L.P. for the
construction of a facility to store and transport 4.1 million barrels of crude oil are in the
best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby,
in all things, approved and adopted; and,
THAT approval of an application for Chapter 380 economic development
incentives for Enterprise Beaumont Marine West, L.P. for the construction of a facility to
store and transport 4.1 million barrels of crude oil is hereby approved; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute an economic development agreement with Enterprise Beaumont
Marine West, L.P. granting a 100% ad valorem tax abate for a period of ten (10) years
for the construction of a facility to store and transport 4.1 million barrel of crude oil.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of
December, 2015.
- Mayor Becky Ames -