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HomeMy WebLinkAboutPACKET SEP 25, 2018BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2018 1:30 PM CONSENT AGENDA * Approval of minutes — September 18, 2018 * Confirmation of board and commission member appointments A. Approve a resolution making a formal request to Beaumont's representatives to the Texas State Legislature to amend State statutes that limit the freedom of Texas cities to better regulate gaming rooms B. Approve the renewal of an annual software maintenance agreement with Superion Financial Software for use by City Departments C. Approve the write-off of uncollectible water accounts for which each individual account exceeds $1,000 D. Accept maintenance of the street, storm sewer, water and sewer improvements in Old Dowlen Business Park Section 2, Subdivision E. Authorize the City Manager to execute all documents necessary for a Memorandum of Understanding between the Texas Task Force 1 TX -TF1, a division of the Texas A & M Engineering Extension Service, and Beaumont Fire -Rescue Services F. Approve the settlement of the claim of Carolotta Nicholas 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager 4�1 f�2 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 25, 2018 REQUESTED ACTION: . Council consider a resolution making a formal request to Beaumont's representatives to the Texas State Legislature to amend State statutes that limit the freedom of Texas cities to better regulate gaming rooms. BACKGROUND In an effort to regulate an increasing number of game rooms, the City enacted Ordinance 14-023 in 2014. This ordinance provided for an application process for gaming sites and background checks of operators, a three hundred (300) foot distance requirement from churches, hospitals and schools and, licensing and tracking of machines. In 2017, a zoning review was also enacted. However, the ability to prohibit new gaming rooms solely through zoning is limited. Despite these regulations, many game rooms have proven to generate a variety of negative activities within the properties as well as nearby. From January 2017 to January 2018, Beaumont Police Department received 3,494 calls to 911 for service to these locations and the surrounding area. Of this number, approximately 1,000 calls to 911 were to the gaming locations. In an effort to better regulate game rooms, City staff drafted a variety of amendments to Ordinance 14-023. However, during the review process, it was found that State law greatly limits cities' ability to regulate these uses. Given this restriction by the State, only very minor amendments to our ordinance can currently be made. As such, we recommend that the City Council consider approving a resolution requesting that Senator Brandon Creighton, Representative Joe Deshotel and Representative Dade Phelan develop and sponsor amendments to State statutes to allow Texas cities the freedom to better regulate these uses within our communities. The proposed resolution should also include a similar request to the Texas Municipal League (TML), given the struggle that many other Texas cities are having with these uses. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. operating Game Rooms as of January 2018 BEAUMONT Beaumont Texas .,•tea ,-. RESOLUTION NO. WHEREAS, on June 10, 2014 the City Council of the City of Beaumont, Texas adopted Ordinance No. 14-023 providing for the licensing and permitting of gaming sites and gaming machines being operated in the City of Beaumont; and, WHEREAS, the ordinance provided for an application process for gaming sites and background checks of operators, a three hundred (300) foot distance requirement from churches, hospitals and schools and, licensing and tracking of machines; and, WHEREAS, in 2017, a zoning review was also enacted, however, the ability to prohibit new gaming rooms solely through zoning is limited; and, WHEREAS, despite these regulations, many game rooms have proven to generate a variety of negative activities within the properties as well as nearby. From January 2017 to January 2018, Beaumont Police Department received 3,494 calls to 911 for service to these locations and the surrounding area. Of this number, approximately 1,000 calls to 911 were to the gaming locations; and, WHEREAS, in an effort to better regulate game rooms, City staff drafted a variety of amendments to Ordinance No. 14-023. However, during the review process, it was found that State law greatly limits cities' ability to regulate these uses. Given this restriction by the State, only very minor amendments to our ordinance can currently be made; and, WHEREAS, Administration requests that the City Council requests the support of Senator Brandon Creighton, Representative Joe Deshotel and Representative Dade Phelan in developing and sponsoring amendments to State statutes to allow Texas cities the freedom to better regulate these uses within our communities; and, WHEREAS, Administration also requests that the Texas Municipal League (TML) develop and sponsor amendments to State statutes to allow Texas cities the freedom to better regulate these uses within our communities; 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 Council requests the support of Senator Brandon Creighton, Representative Joe Deshotel and Representative Dade Phelan in developing and sponsoring amendments to State statutes to allow Texas cities the freedom to better regulate game rooms within our communities; and, BE IT FURTHER RESOLVED THAT the City Council Administration also requests that the Texas Municipal League (TML) develop and sponsor amendments to State statutes to allow Texas cities the freedom to better regulate game rooms within our communities. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer 1313 MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a resolution approving the renewal of an annual maintenance agreement with Superion Financial Software for use by All City Departments. BACKGROUND This purchase is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three (3) software updates during the annual term. The annual maintenance cost is $85,430.07. This agreement is for an annual period beginning October 1, 2018 and includes the following applications: • Building Codes and Permitting o Building code management and permitting • Finance o Cash receipts o Asset management o Accounting o Loans o Accounts receivable o Purchasing • C1ick2GOV Citizen Web Portal • Occupational licensing • Water billing FUNDING SOURCE General Fund — Information Technology, Municipal Court Technology Fund, and Water Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to pay an invoice in the amount of $85,430.07 to Superion Financial Software for the renewal of an annual maintenance agreement for financial software support beginning October 1, 2018. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer `t MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a resolution approving the write-off of uncollectible water accounts totaling $17,067.16 for which each individual account exceeds $1,000. K_ •: IJAI This request is in accordance with the City's current write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off an individual account receivable identified as uncollectible with a balance due that exceeds $1,000.00. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from April of 2016 through March of 2017. A detailed report is attached. A customer with a written -off account will not be able to obtain new water service with the City until the delinquent balance has been paid. If at any time it is determined such a customer is associated with a new or an existing account, the written off amount will be reinstated and transferred to that account for payment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT, in accordance with adopted policy, the Council hereby approves the write-off of uncollectible water accounts totaling $17,067.16 for which each individual account exceeds $1,000, as shown on Exhibit "A," attached hereto; and, BE IT FURTHER RESOLVED THAT these debts are not being extinguished or forgiven and if, at any time, an account becomes collectible after having been written off, the receivable shall be adjusted accordingly and the balance of the account shall be reinstated and payments shall be applied to that balance. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED by the City Council of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - PREPARED 9/19/18, 10:05:11 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION ------------------------------------------------------------------------------------------------------------------------------------ 365021 AMELIA LITTLE LEAGUE 070525720702 (409) 832-1963 PO BOX 7972 CUSTOMER'S BIRTHDATE 05/28/1964 BEAUMONT TX 77726-7924 454676 580 ELDRIDGE DR 9/19/18 1,625.38 1,625.38 1/13/17 66939 BOLTON,BILLY E 010130827813 (409) 832-1938 1760 LEIGHT ST CUSTOMER'S BIRTHDATE 11/14/1950 HOUSE BEAUMONT TX 77703 409040 1760 LEIGHT ST HSE 9/19/18 3,143.18 3,143.18 3/03/17 443209 CLARK,VERONICA L (409) 683-2276 3025 CORLEY ST CUSTOMER'S BIRTHDATE 12/13/1997 BEAUMONT TX 77701-6529 159306 3025 CORLEY ST 9/19/18 3,641.72 3,641.72 2/07/17 404791 HAATHORNE,SHADEA A (409) 926-7299 1670 PARRY ST CUSTOMER'S BIRTHDATE 09/07/1988 BEAUMONT TX 77703-2414 155650 1670 PARRY ST 9/19/18 2,092.97 2,092.97 7/1-5/16 443261 HODGELNS,CANDY (979) 417-5152 3430 OGDEN CUSTOMER'S BIRTHDATE 7/3/92 BEAUMONT TX 77705-2358 410962 3430 OGDEN 9/19/18 1,343.82 1,343.82 11/09/16 233831 0HENS,BRENNDA J 081023028006 (409) 444-6416 1455 PIPKIN ST CUSTOMER'S BIRTHDATE 06/26/1967 BEAUMONT TX 77705-2009 193450 1455 PIPKIN ST 9/19/18 1,012.97 1,012.97 4/08/16 440295 RESTAURANTS ACQUISITION 1, LLC (615) 277-1305 313 E MAIN ST STE 2 HENDERSONVLLE TN 37075-2552 426710 6455 PHELAN BLVD 431117 THOMAS,TAUREAN T AVOI 5450 SUNBURY DR BEAUMONT TX 77707-1942 139956 5450 SUNBURY DR xxx COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS - DELETED RECORDS 9/19/18 2,095.43 2,095.43 1/09/17 (409) 338-8042 CUSTOMER'S BIRTHDATE 06/26/1985 (M) 9/19/18 2,111.69 2,111.69 7/14/16 8 17,067.16 17,067.16 .00 .00 4/29/06 40 YES 4/29/06 38 YES 13 YES 23 YES YES 10 YES 4/29/06 28 YES 17 YES 6 YES PREPARED 9/19/18, 10:05:11 COLLECTION REPORT PROGRAM UT212L City of Beaumont - customer Service ------------------------------------------------------------------------------------------------------------------------------------ SELECTION CRITERIA: TERMINATIONS THRU DATE: 3/31/17 SELECT TRAN. DATE: FROM LOWEST TO HIGHEST AMOUNT GREATER THAN: 1,000.01 AMOUNT LESS THAN: .00 COLLECTION AGENCY: HELD ACCOUNTS* HELD ONLY ORDER: CUSTOMER NAME l BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sewer improvements in Old Dowlen Business Park Section 2, Subdivision. BACKGROUND On September 18, 2018, a final inspection from all entities was completed and administration recommends approval of the following: • Muela Creek Drive approximately 758 feet extension west of existing Muela Creek Drive and including the Cul de Sac. Recommended for approval are the street, storm sewer, water and sewer improvements within the Old Dowlen Business Park Section 2, Subdivision right-of-way only. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. VICINITY MAP RESOLUTION NO. WHEREAS, construction of the street, storm sewer, water and sanitary sewer improvements constructed in Old Dowlen Business Park Section 2 Subdivision have been completed as follows: ; and, Street • Muela Creek Drive approximately 758 feet extension west of existing Muela Creek Drive and including the cul-de-sac Street Maintenance, Storm Sewer, Water and Sanitary Sewer Improvements • Old Dowlen Business Park Section 2 Subdivision right-of-way only WHEREAS, the developers of said improvements desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department has determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the above -referenced street, storm sewer, water and sanitary sewer improvements in Old Dowlen Business Park Section 2 Subdivision rights-of-way, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - RICH WITH OPPORTUNITY III T- E - X - A - S TO: FROM: PREPARED BY: MEETING DATE: City Council Agenda Item City Council Kyle Hayes, City Manager Earl White, Fire Chief ) September 25, 2018 E REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary for a Memorandum of Understanding (MOU) between the Texas Task Force 1 TX -TF1, a division of the Texas A & M Engineering Extension Service (TEEX), and Beaumont Fire -Rescue Services. BACKGROUND The purpose of the Memorandum of Understanding (MOU) is to delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities under the authority of the State of Texas Emergency Management Plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. TExAS A&M ENGINEERING -- EXTENSION SERVICE CONTRACT # 47-101743 Memorandum of Understanding CW Between The Texas A&M Engineering Extension Service, The Sponsoring Agency of Texas Task Force 1, And The Participating Agency/Employer This Memorandum of Understanding (MOU) is entered into this 18th day of June , 2018 between Texas Task Force 1 (TX -TF1), a division of the Texas A&M Engineering Extension Service (TEEX), and the Participating Agency/Employer (Employer) City of Beaumont, located in Beaumont, Texas. TEEX is the Sponsoring Agency, as that term is defined in 42 USC 5165f(a)(6), for TX -TF1, a Task Force as defined in 42 USC5165f(a)(9), as a cooperating party under a Memorandum of Agreement dated December 8, 2008, between the Federal Emergency Management Agency (FEMA) and the State of Texas. Employer desires to provide personnel to serve in TX -TF1 as determined by TEEX. The parties therefore agree as follows: I. PURPOSE The purpose of this MOU is to delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities under the authority of the State of Texas Emergency Management Plan, the Robert T. Stafford Disaster Relief and Emergency Act, Public law 93-288, as amended 42 U.S.C. 5121, et seq., and Title 44 CFR Part 208— National Urban Search and Rescue Response System. II. SCOPE The provisions of this MOU apply to: A. US&R activities performed at the request of the State and the Federal government and provided at the option of the Employer and the Member. These activities may be in conjunction with, or in preparation of, a State or federal declaration of disaster; and B. Training activities mandated by the Department of Homeland Security (DHS)/FEMA and TEEX to maintain TX -TF1 operational readiness. III. PERIOD OF PERFORMANCE This MOU begins as of the date of the last signature and terminates October 31, 2023, or as described in section IX of this MOU. IV. DEFINITIONS For purposes of this MOU, the following definitions apply: A. Activation: The process of TEEX mobilizing Members to deploy to a designated disaster site. B. Alert: The process of TEEX informing Members that an event has occurred and that TX -TF1 may be activated at some point within the next 24-48 hours. Pagel of 11 Reviewed by OGC September 2017 EXHIBIT "A" CONTRACT #: 47-101743 C. Backfill: The assignment of personnel by the Employer to meet their minimum level of staffing to replace a deployed Member. D. Deactivation: The process of TEEX demobilizing Members upon notification from the State or DHS/FEMA to stand down. E. Member: A rostered TX -TF1 member. F. Personnel Rehabilitation Period: The period sometimes allowed by DHS/FEMA or the State for Members' rehabilitation to normal conditions of living following activation. G. Reasonable Personal Costs: Approved out-of-pocket expenses incurred by a Member in performance of his/her duties as a deployed Member. H. Rotational Model: Model used to determine which, of the three teams (Red, White, Blue) is first up for deployment or on standby for the month. I. State: The State of Texas. J. Task Force Sponsored Training: Training and/or exercises performed at the direction, control, and funding of DHS/FEMA or TX -TF1. K. Task Force Sanctioned Training: Training and/or exercises performed at the direction, control, and funding of an Employer or Member in order to develop and maintain the US&R capabilities of the Member and TX -TF1. Task Force Sanctioned Training must be coordinated with TEEX/US&R staff and receive written authorization to conduct such training prior to the start of the training. V. RESPONSIBILITIES A. TEEX shall: 1. Recruit and organize TX -TF1 according to guidelines prescribed in the National US&R Response System Operations Manual. 2. Ensure that each Member meets the necessary licensing, certification, or other professional qualification requirements of his/her assigned position. 3. Provide administrative; financial and personnel management to TX -TF1 and perform all financial requirements as set forth in this MOU. 4. Reimburse payroll costs to the Employer for each activated Member and allowable backfill costs as stated in Section Vlll. A. Reimbursement of the Employer and the TX -TF1 Standard Pay Policy, Attachment A. 5. Provide training to Members consistent with the objectives of developing, upgrading, and maintaining individual skills, as identified in the position description requirements, necessary to maintain operational readiness. 6. Develop, implement, and exercise a notification and call -out system for Members. 7. Provide all personal protective equipment and uniforms required by TX -TF1. 8. Provide tools and. equipment necessary to conduct safe and effective US&R operations as listed in the current approved cache list. 9. Maintain all tools and equipment in the US&R cache in a ready state. Page 2 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 10. Coordinate between DHS/FEMA, the State, the Employer, other relevant governmental and private entities, and the individual Members. 11. Maintain a primary contact list for all Members. 12. Maintain personnel files on all Members for the purposes of documenting training records, emergency notification, and other documentation as required by DHS/FEMA and the State. 13. Provide a roster of the Employer Members upon execution of this MOU and annually, in the month of July, see Attachment D. B. The Employer shall: 1. Provide approval of its Members' participation in TX -TF1 training, meetings, and emergency response activities when fiscally reasonable to do so. Agency Chief approval is provided by signing the Participating Agency Individual Member Letter of Endorsement, Attachment C, at the time the Member's administrative documents are submitted. 2. Maintain a roster of all its personnel participating as Members. 3. Provide a primary point of contact to TEEX for the purpose of notification of TX -TF1 activities and other matters. 4. Pay deployed Members in accordance with Section Vlll Administrative, Financial, and Personnel Management and AttachmentA, the Texas Task Force 1 Standard Pay Policy. 5. Certify and submit personnel reimbursement claims and requested supporting documentation within 45 days of Deactivation of its Member(s). C. Participation Requirements for Members. Employer shall notify TEEX TX -TF1 if Employer reasonably believes that a Member does not meet any of the following: 1. Members must be in good standing with the Employer. 2. Members must be of good moral character and may not have been convicted of any felony or any other criminal offense involving moral turpitude. 3. Members serving in a TX -TF1 position that requires the individual to hold a license, registration, certificate or other similar authorization to lawfully engage in an activity must hold such authorization, which must be current and validly issued. 4. Members must follow all TX -TF1 Standard Operating Guidelines (SOG) that are available at https://texastaskforcel.org/home. 5. Members must meet medical/fitness standards, and be physically capable of performing assigned duties required in the position description requirements for the assigned position in a wide range of environments per TX -TF1 SOG. 6. Members must complete and/or provide documentation of the required immunizations specified in the Individual Letter of Endorsement. 7. Members must maintain knowledge, skills, and abilities necessary to operate safely and effectively in the assigned position. 8. Members must advise the Employer of TX -TF1 activities that may require time off work. Page 3 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 9. Members must notify TEEX of any change in the notification process, i.e. address or phone number changes, and maintain current personal profile in the "Task Force Personnel Records System." 10. Members must ensure availability for immediate call -out during the period the Member's assigned team is first on the rotational model for call -out. Members who are not on the team that is first on the rotational model may be requested to fill the position of another team member who is not available to deploy to ensure the team is fully staffed for the mission. 11. Members must respond immediately to call -out with acceptance or refusal of current mission request and arrive within 3 hours from time of call -out to the assigned point of assembly (POA). 12. Members must maintain all equipment issued by TX -TF1 in a ready state and advise TEEX immediately of any lost, stolen or damaged items 13. Members must be prepared to operate in the disaster environment for not less than 14 consecutive days. 14. Members must follow the TX -TF1 Policies and Procedures as published at www.texastaskforcel.org. VI. PROCEDURES A. Activation 1. Upon request from DHS/FEMA for disaster assistance, and/or determination that pre - positioning TX -TF1 is prudent, TEEX shall request activation of TX -TF1 from the State. 2. Upon request or permission from the State for disaster assistance, and/or determination that pre -positioning TX -TF1 is prudent, TEEX will follow the steps in section VI.B. 3. TEEX shall communicate an Alert and/or activation notices to Members through the paging and call -out system according to the current approved mobilization plan. B. Mobilization, Deployment and Demobilization 1. TEEX shall notify Members of activation of TX -TF1. 2. When TX -TF1 responds to such a mobilization request, the Members must arrive with all equipment and personal gear to the designated POA within 3 hours of activation notice. 3. Upon arrival at the POA, the Members will be provided initial briefings, maps, food, housing and any other items essential to the initial set-up and support of TX - TF1. 4. When TX -TF1 is activated, TEEX shall provide transportation for Members and all necessary equipment to the pre -designated point of departure (POD) for ground transportation or air transport. 5. TEEX will provide transportation from the POD to the disaster site and transportation on the return trip. 6. TEEX shall demobilize Members and equipment to the original POA upon completion of the US&R mission. Page 4 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 C. Management 1. TEEX maintains overall management, command and control of all TX -TF1 resources and operations. 2. Tactical deployment of TX -TF1 will be under the direction of the local Incident Commander and the Task Force Leader(s) assigned to the incident. VII. TRAINING AND EXERCISES A. DHS/FEMA-Sponsored Training and Exercises Periodically Members will be required to attend DHS/FEMA sponsored functional training. DHS/FEMA sponsored functional training will be performed at the -direction, control and funding of DHS/FEMA in order to develop the technical skills of the Members. B. Task Force Sponsored Training Periodically Members will be requested or required to attend Task Farce Sponsored Training. Task Force Sponsored Training will be performed at the direction, control and funding of TX -TF1 in order to develop the technical skills of Members. C. Task Force Sanctioned Training Periodically Members will be required and/or invited to attend Task Force Sanctioned Training. Task Force Sanctioned Training may be performed at the direction, control and funding of TEEX, the Employer, or the State in order to develop and maintain the US&R capabilities of TX -TF1. D. Non -Sponsored and/or Non -Sanctioned Training and Exercises Non -sponsored and/or non -sanctioned training and/or exercises may be performed at the direction, control and funding of the Employer or Member in order to develop and maintain the US&R capabilities of TX -TF1. E. Minimum Training Requirements Each Member must maintain the skills and abilities identified in the position description requirements. Each Member must attend one of the scheduled Full Scale exercises or Mobility Exercises and one Regional Training Event annually. Each Member must attend a minimum of 50% of the Task Force Sponsored Training and Task Force Sanctioned Training opportunities provided for his or her assigned TX -TF1 position. Failure to attend a minimum of 50% of those training opportunities will result in dismissal from TX -TF1. Exceptions may be granted at the discretion of TEEX or the Task Force Leader. VIII. ADMINISTRATIVE, FINANCIAL, AND PERSONNEL MANAGEMENT A. Reimbursement of the Employer 1. TEEX shall reimburse the Employer for each of its employees activated as a Member for payroll and associated costs during the Members' participation in State and/or federal disaster deployments. This reimbursement will be in accordance with the TX -TF1 Pay Policy and will require the Employer to submit supporting documentation to TEEX prior to reimbursement. 2. TEEX shall reimburse the Employer for the cost of Backfilling Members while activated. This will consist of expenses generated by the replacement of a deployed Member on his/her normally scheduled duty period/day. Backfill costs incurred by the Employer will be reimbursable only to the extent that the costs are in excess of the costs that would have been incurred had the Member not been deployed. TEEX cannot pay for hours Backfilled other than those that coincide with a Member's scheduled on -duty hours. Backfill reimbursement is available only for positions that are normally Backfilled by the Employer. Page 5 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 3. TEEX shall reimburse the Employer for salaries and Backfill expenses of any deployed Member who would be required to return to regularly scheduled duty during the Personnel Rehabilitation Period described in the demobilization order. If the deployed Member's regularly scheduled shift begins or ends within the identified Personnel Rehabilitation Period, the Employer may give the deployed Member that time off with pay and Backfill his/her position. If Members use time from a paid leave bank during the Personnel Rehabilitation Period, or if a Member is not normally scheduled to work during the identified Personnel Rehabilitation Period, then no reimbursement will be made for that Member. TEEX will determine the Personnel Rehabilitation Period that will apply to each deployment based on the demobilization order for that deployment. B. Other Reimbursements 1. TEEX shall reimburse Members for Reasonable Personal Costs associated with operations and maintenance of TX -TF1 during a State or federal activation. Itemized receipts are required and should not include Texas Hotel Occupancy taxes, alcohol, tips, or gratuities. All receipts must be submitted to the TEEX Business Office within 15 days of Deactivation. 2. TEEX shall reimburse Members for reasonable travel costs associated with approved training in accordance with established TX -TF1 travel policy. Itemized receipts are required and should not include Texas Hotel Occupancy taxes as they are not reimbursable. Receipts should be submitted to the TEEX Business Office within 15 days from the end of the trip. 3. TEEX shall reimburse on a replacement basis for emergency procurement of TX -TF1 materials, equipment and supplies purchased and used or consumed by Members in providing requested assistance. Advance approval by TX -TF1 leadership must be obtained and itemized receipts for such items must be submitted to TEEX. Such materials, equipment and supplies are the property of TEEX and must be returned to TEEX upon deactivation or return from training. 4. No Member or the Employer will be reimbursed for costs incurred by activations that are outside the scope of this MOU. 5. All financial commitments herein are made subject to availability of funds from the State and/or DHS/FEMA. 6. TEEX shall perform all duties of an employer in relation to a Member who is injured and eligible to receive benefits under Chapter501 of the Texas Labor Code. IX. CONDITIONS, AMENDMENTS, AND TERMINATION A. This MOU may be modified or amended only with the written agreement of both parties, and all amendments will be attached to this MOU. B. Any party, upon 30 day written notice, may terminate this MOU. C. TEEX complies with the provisions of Executive Order 11246 of Sept. 24, 1965, as amended and with the rules, regulations, and relevant orders of the Secretary of Labor. To that end, TEEX will not discriminate against any employee or Member on the grounds of race, color, religion, sex, or national origin. In addition the use of state or federal facilities, services, and supplies will be in compliance with regulations prohibiting duplication of benefits and guaranteeing nondiscrimination. Distribution of supplies, provisions of technical assistance and other relief assistance activities shall be accomplished in an equitable and impartial manner, without discrimination on a basis prohibited by Texas or federal law or on a basis of economic status. Page 6 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 X. LIABILITY AND WORKERS' COMPENSATION FOR FEDERAL ACTIVATION AND DHS/FEMA SANCTIONED OR SPONSORED TRAINING A. TEEX intends that participation under this MOU by a Member in exercises, pre -incident staging, major disaster or emergency response activities, or training events sponsored or sanctioned by DHS/FEMA constitute appointment into federal service to the extent authorized by Sec. 327 of the Stafford Act (42 USC 5165f). B. Specifically, TEEX intends that a Member participating in an activity described above: 1. Be eligible for the benefits described in Sec. 327(h) of the Stafford Act (42 USC5165f(h)) should the Member suffer personal injury, illness, disability, or death as a result of a personal injury sustained while acting in the scope of such federal service; 2. Be considered to be an employee of the federal government for purposes of tort claim procedure as described in Sec. 327(1) of the Stafford Act (42 USC5165f(i)); 3. Be considered in "service in the uniformed services" for purposes of employment and reemployment rights of individuals who have performed service in the uniformed services as described in Sec. 327(j) of the Stafford Act (42 USC5165f(j)); 4. If he or she holds valid licenses, certificates, or permits required by TX -TF1, be deemed to be performing.a federal activity when rendering aid involving such skill or assistance as described in Sec. 327(k) of the Stafford Act(42 USC5165f(k)); and 5. Be eligible for all other benefits and protections provided under the Stafford Act or elsewhere in federal law. XI. LIABILITY AND WORKERS' COMPENSATION FOR STATE ACTIVATION /AND TRAINING A. During any period in which TX -TF1 is activated by the State, or during any Task Force Sponsored Training or Task Force Sanctioned Training, Members who are not employees of a member of The Texas A&M University System or another agency of the State will be included in the coverage provided under Chapter 501 of the Texas Labor Code in the same manner as an employee, as defined by Section 501.001. Services with TX -TF1 by an activated Member who is a state employee are considered to be in the course and scope of the employee's regular employment with the State. XII. LIABILITY AND WORKERS' COMPENSATION FOR NON-SPONSORED/SANCTIONED TRAINING A. During non -TX -TF1 training and exercises, Members who are not employees of a member of The Texas A&M University System or another agency of the State will not be included in the same workers' compensation coverage afforded Members that are activated or attending DHS/FEMA or Task Force Sponsored Training or Task Force Sanctioned Training. XIII. GENERAL PROVISIONS A. The substantive laws of the State (and not its conflicts of law principles) govern all matters arising out of or relating to this MOU and all of the transactions it contemplates. B. This MOU does not create a partnership or joint venture between TEEX and the Employer. Neither party may bind the other or otherwise act in any way as the representative of the other, unless otherwise expressly agreed to in a writing signed by authorized representatives of both parties before any such act or representation. C. Any provision of this MOU that conflicts with a law or regulation of the United States or the State is null and void to the extent of the conflict. Page 7 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 D. Any notices required or permitted under this MOU will be deemed given (a) three business days after it is sent by certified or registered mail, return receipt requested, (b) the next business day after it is sent by overnight carrier, (c) on the date sent by facsimile or email transmission with confirmation of transmission and receipt, if sent during the recipient's normal business hours and if not, on the next business day, or (d) on the date of delivery if delivered personally, and in each case, addressed to the intended recipient at the address below or such other address as the intended recipient may specify in writing: a. TEEX: TEEX TX -TF1, 200 Technology WaV, College Station TX 77845-3424 b. Employer: G H. This MOU is assignable only with the written consent of both parties. Nothing in this MOU waives or relinquishes either party's right to claim any exemptions, privileges, and immunities as may be provided by law. The failure of either party at any time to require performance by the other party of any provision of this MOU will in no way affect the right to require such performance at any time thereafter nor will the waiver by either party of a breach of any provision be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of .the provision itself. Each provision of this MOU is severable. If any provision is rendered invalid or unenforceable by statute or regulations or declared null and void by any court of competent jurisdiction, the remaining provisions will remain in full force and effect if the essential terms of this MOU remain valid, legal, and enforceable. If either party fails to fulfill its obligations under this MOU, when such failure is due to an act of God, or other circumstance beyond its reasonable control, including but not limited to fire, flood, civil commotion, riot, war, revolution, acts of foreign or domestic terrorism, or embargos, then the other party shall excuse the failure for the duration of the event and for such a time as is reasonable to enable the parties to resume performance under this MOU, provided however, that in no event will such time extend for more than 30 days. This MOU along with the following attachments constitutes the entire understanding between the parties as to the matters contained in this MOU, and supersedes all other written and oral agreements between the parties as to those matters: ➢ Attachment A, TX -TF1 Standard Pay Policy ➢ Attachment B, TX -TF1 Pay Schedule by Position ➢ Attachment C, Individual Member Letter of Endorsement ➢ Attachment D, Employer's TX -TF1 Member Roster The parties may execute agreements, but those will not alter this MOU unless expressly stated in writing. Page 8 of 11 Reviewed by OGC September 2017 This MOU is entered into by and between the following parties: TEXAS A&M ENGINEERING EXTENSION SERVICE (TEEX): Jeff Saunders Authorized Signature Printed Name CONTRACT #: 47-101743 Date 200 Technology Way College Station TX, 77845-3424 Address City State, Zip _(979)458-0857 37167167164025 Phone Number TX VIN EMPLOYER: City of Beaumont Employer Name Authorized Signature Address Phone Number Printed Name City Email Date State, Zip Page 9 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 Attachment A Texas Task Force 1 Standard Pay Policy I. Scope The provisions of this policy apply to all TX -TF1 members and Texas A&M Engineering Extension Service (TEEX) personnel assigned to the Urban Search and Rescue program. II. Purpose The purpose of this document is to delineate the policy and procedures for payment and/or reimbursement of payroll expenses to include salaries/wages and associated fringe benefits incurred during all federal and state activations of a TX -TF1 member. III. Pay Rate A. TX -TF1 will reimburse the Employerfor the participation of each of their activated TX -TF1 members at the current hourly rate or salary at the time of deployment and identified on the payroll printout provided by the Employer requesting salary reimbursement. TX -TF1 may also reimburse the Employer for the allocable portion of fringe benefits paid to or on behalf of the TX -TF1 member during the period of activation. Member work schedules, payroll policies, payroll and benefit documentation must be retained by the Employer for a period of three years following the final payment to TEEX by TDEM or DHS/FEMA in accordance with 2 CRF 200.333 — Retention Requirements for Records. TEEXwill notify Employers when payment has been made. B. As an affiliated member, TX -TF1 members not employed by an Employer will be paid at a rate identified with his/her TX -TF1 position on the TX -TF1 Pay Schedule by Position, Attachment B. The affiliated member's 40 -hour workweek will begin upon activation. The affiliated memberwill receive the standard base rate of pay for the first 40 hours worked within each workweek of a deployment. Hours in excess of 40 hours each week will be paid at 1 % time the member's base rate of pay. Affiliated members are not eligible for Personnel Rehabilitation pay. C. TEEX employees who hold positions on TX -TF1 will be paid in accordance with Section IV below. Payroll printouts and fringe benefits documentation will be included in the reimbursement process. IV. Deployment Work Shift A. Everyday is considered a workday during the Deployment until the activation is over, and the Task Force returns to its original Point of Assembly (otherwise known as "portal to portal"). Therefore, Saturday, Sunday, holidays and other scheduled days off are also considered workdays during the period of activation. B. All individuals are assured pay for base hours of work, mobilization and demobilization, travel, or standby at the appropriate rate of pay for each workday. C. During the deployment period from activation through de -activation, all FLSA-exempt and non- FLSA exempt TX -TF1 members will receive the standard base rate of pay for all hours they are scheduled to be on duty during a work day. A work day is defined from midnight to midnight. Additional hours during this day not scheduled on duty will be compensated in accordance with 44 CFR 208.39 and Employer pay policies. Kelly days are considered off duty hours. D. 44 CFR 208.39 allows Participating Agency/Employers whose members follow the Public Safety Exemption 29 U.S.C. 207(k) have the option of converting deployed members to a standard FLSA 40 hour week during the deployment period. The conversion does not apply to backfill or rehab time. V. Ordered Standby Compensable standby shall be limited to those times when an individual is held, by direction or orders, in a specific location, fully outfitted and ready for assignment. Page 10 of 11 Reviewed by OGC September 2017 CONTRACT #: 47-101743 Attachment B Texas Task Force 1 Pay Schedule by Position TX -TF1 has adopted the following pay schedule for TX -TF1 members who are not employed by a Participation Agency/Employer: HOURLY ' HOURLY f ASSIGNMENT ! RATE 'ASSIGNMENT RATE LEADERS: , �----._-----._.-- i_ LSPECIALISTS: Task Force Leader _ �! _$ 52.00 ! �Bo_a_t Operator & Bowman { $ 35.00 1 MANAGERS: -- I 'Canine Specialist i $ 35.00 $ 40 Manager .00 Haz-Mat WMD I �--"------- ----------- V-- �—_-.---___.___._.l — / g ! I i ----- Communications Specialist,- $ -' 35.001 Logistics Manager j $^ 40._00 -- ---- L ___--- f Haz-Mat ------------------ /WMD Specialist_ $ 35.00 Medical Team Manager $ 108.00 ^~ ~ Heavy Rigging Specialist_ 35_.00 Plans Team Manager I $ 40.00 ji Helo Search & Rescue Tech t $ 35.00 Rescue Team Manager --( $- - .40.00 Logistics Specialist $ 35.00 SyOfficer/Manager afet $ 40.00 —35`00 Search Team Manager ^ L$ 40.00 Rescue Specialist_ _- ' $---..._._ 35.00_ I Water Manager $ 40.00 Structural Specialist $ 54.00 SQUAD OFFICERS: ! - - - -----..------------- Boat Squad Officer $ 37.00 Technical Info Specialist $ 35.00 Rescue Squad Officer - $ 37`00 jTechnical Search Specialist-� $ 35.00 TX -TF1 Standard Pay Policy Rev 2017 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, with the Texas Task Force 1 (TX -TF1), a division of the Texas A&M Engineering Extension Service (TEEX) to delineate responsibilities and procedures for Urban Search and Rescue (US&R) activities under the authority of the State of Texas Emergency Management Plan. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - F BEAUMONT TEXAS TO: City Council FROM: - Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Carolotta Nicholas. BACKGROUND This matter was presented and discussed in Executive Session held on August 28, 2018. The City Attorney is requesting authority to settle this claim in the amount of $13,657.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Carlotta Nicholas was discussed in Executive Session properly called and held Tuesday, August 28, 2018; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Carlotta Nicholas for the sum of Thirteen Thousand Six Hundred Fifty -Seven and 00/100 Dollars ($13,657.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - BEAUMONT TEXAS i REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2018 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance amending the FY 2018 Budget 2. Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located on Eastex Freeway south of Triumph Church 3. Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District located at 3355 Gladys/1155 Interstate 10 North COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of George W. Brown III Application of Entergy Texas, Inc. for Authority to Change Rates SOAH Docket No. 473-18-3733; PUC Docket No. 48371 4. Consider an ordinance approving the settlement of Entergy Texas, Inc.'s 2018 base rate case Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. D September 25, 2018 Consider an ordinance amending the FY 2018 Budget ,o BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider an ordinance amending the FY 2018 Budget. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the proposed amendment are as follows: 1. Internal Service Funds are funded through transfers from other funds and/or user fees from the departments that they support. The Fleet Fund is an internal service fund that accounts for maintenance and repairs of vehicles and equipment used by all city departments. The Fleet Fund is projected to exceed budgeted expenditures by over $500,000 due to unexpected heavy equipment repairs and rising fuel usage/costs in the last few months of the fiscal year. Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,291,500 $500,000 $8,791,500 FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2018 TO APPROPRIATE ADDITIONAL EXPENDITURES IN THE FLEET FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Charter of the City of Beaumont requires the City Manager to strictly enforce the provisions of the budget and not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred; and, WHEREAS, it is necessary to amend the FY 2018 budget to ensure that appropriations are sufficient to ensure that expenditures are authorized within the approved budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted Section 2. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2017 through September 30, 2018, be and the same is hereby amended to appropriate additional expenditures in the Fleet Fund as shown below: Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $8,291,500 $500,000 $8,791,500 Section 3. THAT if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. THAT all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - September 25, 2018 Consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located on Eastex Freeway south of Triumph Church BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager �� / PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) or a more restrictive District for property located on Eastex Freeway south of Triumph Church. BACKGROUND Reid C. Wilson, Wilson, Cribbs & Goren, P.C., is requesting a zone change for 10.91 acres of land located just south of Triumph Church, from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling) District. A 100' wide, former railroad right-of-way to the west, and a pipeline easement to the south, will both remain residentially zoned. The applicant intends to sell the property once it has been zoned for commercial uses. At a Joint Public Hearing held on September 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Rezoning from RS (Residential Single Family Dwelling) to GC -MD (General Commercial -Multiple Family Dwelling). FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance. APPLICATION FOR AMENDMENT OF THE ZONING ORDINANCE BEAUMONT, TEXAS (Chapter 28, City Codes) TO; THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMQNT, TEXAS APPLICANT'S NAME AND ADDRESS- Reid C. Wilson, Wilson, Cribbs & Goren, PC 2500 Fannin, Houston, 77 77002 APPLICANT'S PHONE #: 713-222-9000 FAX #: 713-229-8824 NAME OF OWNER: Enterprise Intrastate, LLC ADDRESS OF OWNER: P.O. Box 4324, Houston, TX 77210-4324 (Attn: Land Department) LOCATION OF PROPERTY: West side of Eastex Fwy, south of Triumph Church LEGAL DESCRIPTION OF PROPERTY: See Attached LOT NO. OR TRACT BLOCK NO PLAT ADDITION SURVEY NUMBER OF ACRES Ia'91 NUMBER OF ACRES For ptopettles not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed to be changed, and a complete legal field note description. CURRENT ZONING DISTRICT: RS ZONING DISTRICT REQUESTED: GC -NM HAS THE REQUEST BEEN MADE BEFORE? No IF SO, DATE: ACTION: SUBMIT A LETTER STATING REASONS FOR REQUEST. See attached ATTACH THE APPROPRIATE APPLICATIONTEE: LESS THAN 112 ACRE...........................................................$250.00 Ill ACRE OR M AND LESS THAN 5 ACRES.............$450.00 5 ACRES OR RE.............................................................$650.00. I HEREBY ACKNOWLEDGE HAT THE PLj27�Ttl IS j.IOR THE REQUESTED DISTRICT QIZ A MORE RESTRICTIVE DISTRI T. a SIGNATURE OF SIGNATURE OF PLEASE TYPE OR PRINT A Gent M1T-r4alr PLANNING DIVISION, ROOM 201 and AttornVy:Vi l ,-MtMAlN STREET 23%� I BEAUMONT, TX 77701 FILE NUMBER. P.O. BOX 3827 77704 DATE RECEIVED: (409) 880-3764 RECEIPT NUMBER: FAX (409) 880-3133 2500 Fannin Street 713.222.9000 main Houston, Texas 77002 713.229.8824 fax rwilson cC wcglaw.com 713.547.8504 direct July 9, 2018 Adina Josey Senior Planner City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Re: 10.91 acres - west side of Eastex Freeway (immediately south of Triumph Church) Requested rezoning — RS to GC -MD (Our File No. 7213-144) Dear Ms. Josey: This firm represents Enterprise Intrastate, LLC, an affiliate of Enterprise Products Company, a publicly traded mid -stream energy company headquartered in Houston, Texas. Executive Summary This tract is proposed for rezoning from RS to GC -MD to facilitate its sale and future development. Virtually all frontage on the Eastex Freeway is zoned GC -MD, including north of the tract. The Land Enterprise's predecessor (Tennessee Gas Transmission Company) became owner of this tract (described on the Survey attached as Tract 1) in 1955 as part of the acquisition of right-of-way for adjacent pipelines to the south. The original deed is recorded in Vol. 996 at P. 207 (and subsequent internal transfers are recorded at Vol. 907 at P. 211, and File # 2003005595). By virtue of numerous corporate name changes and entity conversions, the record title owner is now Enterprise Intrastate, LLC. The adjacent pipelines and the land on which they are located (described on the Survey attached as Tract 2), is not requested for rezoning, and instead will retain its current RS zoning., The 10.91 ac. tract only has frontage on the southbound Eastex Freeway feeder road. It does not extend to Old Voth Road. Between this tract and Old Voth Road is the abandoned 100' railroad right-of-way which abuts on the east side of Old Voth Road. That land is not owned by Enterprise and will remain zoned RS. Most of the tract is covered by timber and heavy underbrush. The pipeline corridor tracts contain 2 pipelines: i) 30" natural gas transmission line which runs from Nueces County to Newton County and is jointly owned by Enterprise and Energy Transfer, and ii) 12" liquids transmission line which runs from Chambers County to Wake County, North Carolina and is owned by Dixie. GC -MD Zone The GC -MD Zone (General Commercial — Multiple Family Dwelling District) is the most prevalent commercial zoning category in the City along highways. Virtually all of the frontage of the Eastex Freeway is zoned in this district. This district is specially designed for frontage road locations such as this tract. Adina Josey Senior Planner City of Beaumont July 9, 2018 Page 2 Adiacent Tracts & Zoning North — Triumph Church (GC -MD) West — Undeveloped 100' strip on Old Voth Road (RS) South —Pipeline corridor (RS) East - Eastex Freeway and across Eastex Freeway TxDOT (LI) No Material Adverse Impacts The residential neighborhood to the west of Old Voth Road is protected by the 100' RS fee strip along the east side of Old Voth Road, which screens this tract from Old Voth Road. The closest houses are approximately 200' from the tract. The 100' buffer strip is heavily treed. The RS use south of the tract will be buffered by the intervening pipeline corridor, which will remain zoned RS. Proposed Sale The tract has been listed with JM Prewitt Company for sale. Mr. Milton Prewitt recommended that the property be placed in the proper zoning district prior to the commencement of marketing. It is anticipated that the tract will be sold to a user rather than an investor. Fee Enclosed is a $650.00 application fee. Request for Approval Enterprise respectfully requests that this matter be set for consideration by the Planning & Zoning Commission at its September 97th meeting after a joint public hearing with the City Council that same date, that the Planning & Zoning Commission make an affirmative recommendation to the City Council after the jol"blic hearing on September 17th, and that the City Council approve rezoning of the tract from RS to fitfully u itt d C. Wilson sel for Enterprise Intrastate, LLC Attachments: Application for Amendment Survey Legal Description cc: Kirsten White Enterprise Products Company Chris Garza, ,Esq. Enterprise Products Company Via Email. kiwhite(a)-eprod.com Via Email. ca_garza(a-)_eprod.com Adina Josey Senior Planner City of Beaumont July 9, 2018 Page 3 Milton Prewitt Via Email. milf@jmprewiff.com JM Prewitt Company Tdumph Church, Inc. Caped 2.92 A-Trect C.F. No. 2005021414 O.P.RJ.C. Found 1 Triumph Church. Inc (aka Triumph Testament) i Church, Inc. 1 Tract One ` Caped 2.288 Acro Tract I C.F. No. 2003043213 1 O.P,R.J.C. \Pwhifor Comer ROM ch ee 112' Rod bears N11'D4'57'H10.19 64 i16e5 svu 1 Patr9�'N . Set 518' L Rod with cap stamped 'I -JA ENG. TBPLS NO. 10`105600" o `I 7. Tract 1 4752372 5q.'Feet n 10.91 Acres a Enterprise Intrastate LLC anted 11.83 Acres More fully described in Volume 996. Page 207 O D.R.J.C. � a a N to Tract 2 42129.6 Sq. Feet 0.967 Acre EllIntrastates�ffuy described Texas AS 834 In Volume 014R21 C.ap 25 Set 5W 1. Rod DOW with cap stamped 'WA ENG. TBPLS NO. 10105600' Surveyed for. Enterprise Products Partners, LP. Jefferson County, Texas 5uRwoes certification The undemlgned does hereby tartly that ft survey Plot acwmlely represents an on fire ground survey made under my direct supervW m on April 30, 2016. 11 _- 1 200 41.1 111111111 Notes: 1. All bearings are based upon the Texas Coordinate System of 1983 (2011), South Central Zone'4204' (US Survey Foot). Al distances are surface a combined scale factor of 1.00007 applied. Set 518' I. Rod with cap stamped ENG. TBPLS NO.10105600' Enterprise Pipeline P ""' 'Set 518' I. Rod -- P P— P P a with cap stamped �¢ /�st��ro 4� Bre 'I -JA ENG. T13PLS NO. 10105600• �/' (Celled 422.001 7 Gulf States Utilities Company Caped 1.495 A— Tract 2 Volume 1009, Page 436 D.RJ.0 Found 516' I. Rod Found 518' I. Rod .107.34' with cap stamped -Mteley' Lot? dot 1 Replat Parker Brothers Subdivision Unit One ClerksFile No. 031775 BOUNDARY SURVEY O.P.R.J-C-RJ.C• OF A 10.910 ACRE TRACT (TRACT 1) F AND A DIST ,� . 0.967 ACRE TRACT (TRACT 2) tp IN THE L W. DIKES SURVEY, ABSTRACT NO. 17 WoRrM v JEFFERSON COUNTY, TEXAS MAY 2018 JOB NO. UAS431-1801 efat2t0Revised May 21, 2018 A 4A SDRVE N9, INC. j; ;j 3616 4 M 7r Soa F= 09 MV Eem.00i0. Tem 77703 Nt � 0.0517 . T�15 FY,o r1o. 10/05600 f Q tw 2615 Calder Avenue, Suite 500, Beaumont, Texas 77702 UA SURVEYING t 409.833.3363 f 409.833.0317 LJA.com TBPLS 10105600 May 14, 2018 Revised May 21, 2018 Surveyor's Field Note Description: 10.910 acre tract (Tract 1) and a.0.967 acre tract (Tract 2) .Tract 1. BEING a 10.910 acre tract, being out of and a part of that certain Enterprise Intrastate. LLC called 11.83 acre tract of land, more fully described and recorded in Volume 996, Page 207 of the Deed Records of Jefferson County, Texas. Said 10.910 acre tract being situated in the W. Dikes Survey, Abstract No. 17, Jefferson County, Texas and being more particularly described as follows: BEQPNNING at a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Northeast corner of said 10.910 acre tract and 11.83 acre tract, same being the Southeast corner of that certain Triumph Church, Inc. (aka Triumph New Testament Church, Inc.) called 2.288 acre tract of land, more fully described as Tract One, and recorded in Clerk's File No. 2003043213 of the Official Public Records of Jefferson County, Texas, and being in the West right-of-way line of U.S. Highway 69, 96, & 287 (aka Eastex Freeway) (270 foot wide Public Right -of -Way), from which a 3/4 inch iron pipe found at the Northeast corner of said 2.288 acre tract, same being the Southeast corner of that certain Triumph Church, Inc. called 2.92 acre tract of land, more fully described and recorded in Clerk's File No. 2005021414 of said Official Public Records bears North 13 deg. 38 min. 57 sec. West, a distance of 245.96 feet; THENCE South 13 deg. 38 min. 57 sec. East, along and with the East line of said 10.910 acre tract and 11.83 acre tract, same being the West right-of-way line of said,U.S. Highway 69, 96, & 287, a distance of 1250.35 feet to a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Southeast corner of said 10.910 acre tract, same being the Northeast corner of that certain Enterprise Intrastate LLC tract of land, more fully described as Texas AS 834, and recorded in Volume 1421, Page 25 of said Deed Records, from which a 5/8 inch iron rod found at the Southeast corner of that certain Gulf States Utilities Company called 1.495 acre tract of land, more fully described and recorded in Volume 1009, Page 436 of said Deed Records, same being the Northeast corner of that certain Lot 2, Unit One of the Replat of Parker Brothers Subdivision, more fully described and recorded in Clerk's File No. 2015031775 of said Official Public Records bears South 13 deg. 38 min. 57 sec. East, a distance of 258.34 feet; THENCE South 88 deg. 06 min. 03 sec. West, along and with the South line of said 10.910 acre tract, same being the North line of said Texas AS 834 tract, a distance of 418.98 feet to a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Southwest corner of said 10.910 acre tract, same being in the West line of said 11.83 acre tract, and being the Northwest corner of said Texas AS 834 tract, also being in the East right-of-way line of the Southern Pacific Railroad; THENCE North 11 deg. 04 min. 57 sec. West, along and with the West line of said 10.910 acre tract and 11.83 acre tract, same being the East right-of-way line of the Southern Pacific Railroad, a distance of 1223.61 feet to a point for the Northwest corner of said 10.910 acre tract and 11.83 acre tract„ same being in the South line of said 2.288 acre tract, from which a found 1/2 inch iron rod bears North 11 deg. 04 min. 57 sec. West, a distance of 0.19 feet; LASurvey\PROJECTSILJAS431 (Enterprise Products)U.JAS431-1601 W.B. Dyches Survey\07-DocumentslLJAS431-1801_Description.docx THENCE North 85 deg. 31 min. 03 sec. East, along and with the North line of said 10.910 acre tract and 11.83 acre tract, same being the South line of said 2.288 acre tract, a distance of 360.00 feet to the PLACE OF BEGINNING, containing 10.910 acres of land, more or less. Tract 2 BEING a 0.967 acre tract, being all of that certain Enterprise Intrastate LLC tract of land, more fully described as Texas AS 834, and recorded in Volume 1421, Page 25, same being a part of that certain Enterprise Intrastate LLC called 11.83 acre tract of land, more fully described and recorded in Volume 996, Page 207 of the Deed Records of Jefferson County, Texas. Said 0.967 acre tract being situated in the W. Dikes Survey, Abstract No. 17, Jefferson County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Southeast corner of said 0.967 acre tract and 11.83 acre tract, same being the Northeast corner of that certain Gulf States Utilities Company called 1.495 acre tract of land, more fully described and recorded in Volume 1009, Page 436 of said Deed Records, and being in the West right-of-way line of U.S. Highway 69, 96, & 287 (aka Eastex Freeway) (270 foot wide Public Right -of -Way), from which a 5/8 inch iron rod found at the Southeast corner of said 1.495 acre tract, same being the Northeast corner of that certain Lot 2, Unit One of the Replat of Parker Brothers Subdivision, more fully described and recorded in Clerk's File No. 2015031775 of said Official Public Records bears South 13 deg. 38 min. 57 sec. East, a distance of 156.20 feet; THENCE South 88 deg. 06 min. 03 sec. West, along and with the South line of said 0.967 acre tract and 11.83 acre tract, same being the North line of said 1.495 acre tract, a distance of 423.61 feet to a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Southwest corner of said 0.967 acre tract and 11.83 acre tract, same being in the East right-of-way line of the Southern Pacific Railroad; THENCE North 11 deg. 04 min. 57 sec. West, along and with the West line of said 0.967 acre tract and 11.83 acre tract, same being the East right-of-way line of the Southern Pacific Railroad, a distance of 101.29 feet to a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set at the Northwest corner of said 0.967 acre tract, THENCE North 88 deg. 06 min. 03 sec. East, along and with the North line of said 0.967 acre tract, a distance of 418.98 feet to a 5/8 inch iron rod with cap stamped "LJA ENG. TBPLS NO. 10105600" set for the Northeast comer of said 0.967 acre tract, same being in the East" line of said 11.83 acre tract and the West right-of-way line of U.S. Highway 69, 96, & 287; THENCE South 13 deg. 38 min. 57 sec. East along and with the East line of said 0.967 acre tract and 11.83 acre tract, same being the West right-of-way line of U.S. Highway 69, 96, & 287, a distance of 102.14 feet to the PLACE OF BEGINNING, containing 0.967 acre of land, more or less. (This description is based upon a survey made on the ground under my direct supervision on April 30, 2018 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the Texas Coordinate System of 1983 (CORS), South Central Zone '4204' (US Survey foot). All distances and acreages are surface with a combined adjustment factor of 1.00007 applied.) ENTERPRISE INTRASTATE LLC POWER OF ATTORNEY ENTERPRISE INTRASTATE LLC or the "Company" herein, is a Delaware limited liability company, with offices at 1100 Louisiana Street, Houston, Texas 77002. The Company hereby appoints and authorizes: Gloria L. Keeter Michael D. Brown Paul D. Lair Carl D. Richardson each as its Agent and Attorney -in -Fact, acting alone, to act in its name and on its behalf, to execute and deliver, accept, make application for, assign, modify, amend, extend, renew, ratify, terminate or release the following instruments and documents in the usual course of its business relating to its pipelines, storage facilities, and appurtenant facilities (collectively the "Facilities"), to wit: (a) easements, rights-of-way, encroachment agreements, reimbursement agreements, real property leases, licenses, or permits, relating to real property; and (b) applications for any of the foregoing, relating to lands, waters, or other property owned by or under the jurisdiction of any government or governmental authority, as well as any other applications or reports or statements (excepting tax reports or returns) required by any government or governmental authority; and (c) damage receipts and /or release agreements (non -litigation) for payment of damages caused by the construction, repair, operation or maintenance of the Facilities; and This Power of Attorney shall, as to each person named above, terminate and be of no further force and effect on the earliest to occur of: (i) written revocation, (ii) two years from the date hereof, or (iii) termination of such person's employment with Enterprise Products Company. IN WITNESS WHEREOF, the undersigned, in the capacity stated below, has caused this Power of Attorney to be issued on behalf of the Company. Effective as of the Ist day of August, 2016. ATTEST: By aygj-I 5• J*JLdf-., Name: Wendi S. Bickett Title: Assistant Secretary STATE OF TEXAS COUNTY OF HARRIS ENTERPRISE INTRASTATE LLC By: Name: Aga P. Weitzel Title: SVP, General Counsel an retary This instrument was acknowledged before me on the 2 2. day of September, 2016, by, Harry P. Weitzel, Senior Vice President, General Counsel and Secretary of ENTERPRISE INTRASTATE LLC, on behalf of said limited liability company. R08YN M. OUILLEN Notary Public, State of Taxao Comm. Expires Oe -20.2020 Its Notary ID I I50e701 otary P blic In and for the State of TEXAS My commission expires: nn aoa-a ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT EASTEX FREEWAY SOUTH OF TRIUMPH CHURCH, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 28.01.005(b) thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC -MD (General Commercial -Multiple Family Dwelling) District for property located at Eastex Freeway south of Triumph Church, being Plat RS4, Tract 64- E less the south — 101 feet, W.B. Dyches Survey, Abstract 17, Beaumont, Jefferson County, Texas, containing 10.91 acres, more or less, as shown on Exhibit "A," attached hereto, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. 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. Section 5. 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 of Ordinances of Beaumont, Texas. c The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - Dom": Re General Co Eli for a Rezo 'Plica xnmercial_ Hing from nt: Reid Multiple a (Residenfial 'afion; C: Wilson mny D�yellin Szngle Famil South Of 10255 Wilson1 Cribbs & g) or a more YD 'ellin Easter Free�'av Gore restrictive Dis g) to GC u, P.C. tx'ict 3 September 25, 2018 Consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District located at 3355 Gladys/1155 Interstate 10 North BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District located at 3355 Gladys/1155 Interstate 10 North. ��;Cl�_Z111J►17 John Wilson has requested a Specific Use Permit to open a restaurant at the corner of 3355 Gladys 1155 Interstate 10 North. Mr. Wilson would like to refurbish the existing gas station as a restaurant. All necessary utilities and drainage are existing at the property. At a Joint Public Hearing held on September 17, 2018, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a restaurant in a NC (Neighborhood Commercial) District with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking, but needs to be drawn correctly on the site plan. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the ordinance with the following conditions: 1. Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. 2. The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking, but needs to be drawn correctly on the site plan. J SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION fAN/D�� COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: C'14V G�/ / /JO -t/ APPLICANT'S ADDRESS: 5111A9 6714 J4( It, APPLICANT'S PHONE / NAME OF PROPERTY OWNER-� 7 ADDRESS OF PROPERTY OWNER: d 3//'' %% LOCATION OF PROPERTY: 1 � 14 -f rGALESCRIPTION OF PROPERTY: (499CLaJi[� JC /- /� -9�J "/J BL CK NO. ,C/ / . OR 249 NUMBER OF ACRES— -W �7X 77 FAX # 79 TRACT PLAT. SURVEY NUMBER OF ACRES For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete 1egal field note description. PROPOSED ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X Xl" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the backside of this sheet must be met before City Council can grant .specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 %ACRE ORMORE AND LESS THAN 5 ACRES .................... $450.00 5ACRES ORMORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping andparldng areas depicted on the site plan shall be adhered to as amended and approve�iCity Council. SIGNATURE OF SIGNATURE PLEASE TYPE OR PRINTAND SUBMIT TO: FILE NUMBE2��W— P OF EAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 Phone - (409) 880-3764 Fax - (409) 880-3110 PLEASE MAZE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING TBE SITE PLANAND LETTER 017 PROPOSED USES AND ACfIMIFS. To Whom it may Concern, My name is John Wilson and I'm the owner of JWilson's at 4190 Gladys. I am proposing a new restaurant concept at 3355 Gladys and 1155 110. 1 want to refurbish and use the existing gas station as a family -friendly neighborhood hot dog joint. The space has either been vacant or been used to store old cars for as long as I remember. I believe I can enhance the neighborhood aesthetics and bring something different to Beaumont, as you see in many of the big cities. Thank you for your time and consideration. Sincerely, John Wilson Zoning Ordinance Eight Conditions 1) 1 am enhancing the property from its current state..... I will be remodeling, painting, installing new doors, glass, and ect. It is currently abandoned and full of trash 2) Using the same foot print as before but cleaning it up 3) Currently has all utilities, access roads, drainage needed 4) As I am laying out parking and driveways, we will be adhering to City of Beaumont codes and ordinances 5) We will enclose all dumpsters and place as far away as possible from the nearby residents 6) We will place lighting in such a way that won't disturb neighbors 7) After we have met code with parking, curb cuts, and driveways we will beautify the property as best as possible. We want to break up the concrete coldness and add greenery. 8) We will be restoring gas station into a family friendly restaurant THOMAS H. LENS SURVEY G1°, bst act No. 169 Jefferson Chouft Tees Gladys Street N 88'40'12" E 88.91' 'Iron Fence e,'. •;;.:,;." 'ph&'%t Asphalto- S 0 20 40 U 5 A L Grass Concrete' :1E.3.•. -•�.°' <• - 'r'• .38.7• _ las' Brick > 3 Building 0 ; "v O 03 . V.•.. _ co ip Ab 0 z Asphalt cn p _.._—_. 41.9' WO Asphalt >p Mobile 2 Building :i Asp al zbn�fd•; PP CdnGFete, Wood.."Dtk: " p F'itrrt�4od lJo?03 Qt8 0 84LOP�JGT .' 3 w � .ugh; � *:'32:3•. •l I� U) 71.9 V7 cod, 00 ` Brick r o .. ,feriae C Building no NZ h N S 8150'14" W 131.23 2 PP Joint Venture C0 CCF No. 2018025914 OPRJCT (Caped 0.302 Acres) Notes: 1. This survey was completed without the benefit of a title commitment, and not all easements or servitudes, whether of record or not, were researched at the time of this survey or shown hereon. 2. All bearings referenced hereon are based on the Texas State Plane Coordinate System — 4204 — Texas South Central Zone; all areas and distances are based on surface measurements. J. A field note description of even date accompanies this plat. GF No. N/A 4 Mitchell Lee Bruckin, Texas Registered Professional Land Surveyor No. 5163, do hereby certify that I have made a survey on the ground of the property legally described hereon, that the survey is correct, and that there are no discrepancies or conflicts, shortages in boundaries, intrusions, protrusions, or overlapping of improvements, or visible utility lines or roads in place, except as shown hereon, and that said property hos . access to and from a dedicated public roadway, unless otherwise shown hereon. Survey Dated: August 1, 2018 The subject tract being located at: 3355 Gladys Avenue, Beaumont Texas & 1155 1—H 10 North Beaumont, Texas Subject Property located in Flood Zone: X Preliminary Community Panel No. 485457 0035 C Mitchell Lee Brackin FIRM Dated: 08/06/02 Registered Professional Land Surveyor No. 5163 D:\PROJECTS\18003\18DO3-OD78\Sur y\18003.0078._SV_'nnEdwg Aug 02, 2018 02.26pm SHT. NO. INC. PROJECT NAME: J. Wilson S1 CbmuWwFjv&w=amdLwW&avq= 3355 Gladys Beaumont, Texas 1405 CORNERSTONE COURT, BEAUMONT, TEXAS 1155 1-H 10 North Beaumont, Texas PROJECT NO. PH (409) 832-7238 FAX (409) 832 7303 Aug15003.0078 T.B.P.E. FIRM #1160 a TX.LS. Fl, ' #100186 © COPYRIGHT 2016 FR7Z 8 SHIPMAN, INC. DATE: 02, 2018 ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESTAURANT IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT AT 3355 GLADYS/1155 INTERSTATE 10 NORTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, John Wilson has applied for a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 3355 Gladys/1155 Interstate 10 North, being Plat D16, Tracts 225-B & 225J, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit "A," attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending approval of a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) District at 3355 Gladys/1155 Interstate 10 North, subject to the following conditions: ; and, • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. • The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking, but needs to be drawn correctly on the site plan. WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a restaurant is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: r THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a restaurant in an NC (Neighborhood Commercial) J District at'3355 Gladys/1155 Interstate 10 North, being Plat D16, Tracts 225-B & 225J, A. Williams Survey, Beaumont, Jefferson County, Texas, containing 0.64 acres, more or less, as shown on Exhibit 'A," is hereby granted to John Wilson, his legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Construction plans must meet all requirements by Water Utilities for water and sanitary sewer services, including any requirements of the City's pre-treatment program. • The curb shown on the site plan along Longfellow Drive needs to be corrected. The north driveway is missing and the south driveway's approach is not accurate. The site's existing conditions can remain for the proposed parking, but needs to be drawn correctly on the site plan. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - �; �'b•.�LI. o ` iF±,°� y 1' ?IF -,. F`. 1•, 41' a 'i `+L.,j, -i-F:,�,' .�,. .1. a'': _-Ifs -_ ;f , - :'•?.. _ i', ,., y\\4 - 'rr, , "{°Ai✓..-,.� t ♦B*l6:e�u' I,r .'� :-_!• t'�" a� ��,.",. 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"�u I' 1, r 1'ar,9s4��^. •_— ... ___.__ •-L7D.{. J.- Ilj I ,t�(. ( F/ni. r�'V. _ •'�:'!�,_�`�/ 1 I' „ • f (.: ' _ s �.. -r � r • .�-;,=�__ ,y` ` � f. ! t � 1 , "t r/r � ,.r/ � j >y -r, f r .i'?�, •. - �-'=-._ t 8 I `.7r "�` .rP r••h'(t / VTR .� taw 17 ,li I' � J� f �5 •', �/, :{q: ref . Ulf, Ill,. ,' , • t!�- , , it j, •L_- ! r } GLADYS ST. 3355 G LADYS S -E PROPOSED CONVERSION OF AUTO GARAGE TO RESTAURANT Scale: 1"= ao' IWA:II1,111M:-Y i NRB r i ti 1 i f 1 f I f I i - GLADYS ST. 3355 G LADYS S -E PROPOSED CONVERSION OF AUTO GARAGE TO RESTAURANT Scale: 1"= ao' IWA:II1,111M:-Y i NRB r i September 25, 2018 Consider an ordinance approving the settlement of Entergy Texas, Inc.'s 2018 base rate case BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 25, 2018 REQUESTED ACTION: Council consider an ordinance approving the settlement of Entergy Texas, Inc.'s 2018 base rate case. BACKGROUND On May 15, 2018 Entergy Texas, Inc. (ETI) filed its statement of intent to increase rates by $117.5 million annually. On May 26, 2018 the City Council suspended the effective date of the increase in order to allow for the cities attorneys and consultants to analyze the request. On August 28, 2018 the City Council denied the rate increase as requested based upon the findings that Entergy had not justified the need for the increase as requested. During the time of the assessment and in anticipation of an appeal to the Public Utilities Commission of Texas, Entergy has been in discussion with the cities representatives in an effort to resolve the rate case. The primary terms of the settlement are as follows: ETI will receive an annual base rate increase of $53.2 million; ETI will return to customers approximately $205 million (including interest) in excess deferred tax savings that accrued pursuant to the Tax Cuts and Jobs Act of 2017 ("TCJA"); and, ETI will return $25 million to customers for 2018 tax over -collections as a result of the TCJA. The total $230 million in TCJA credits will be returned to customers over a four year period. This will completely offset the $53.2 million annual rate increase resulting in a net average annual decrease of $4.3 million for the next four years for all rate classes combined. The proposed settlement includes other terms and housekeeping matters that are beneficial to ETI's customers. FUNDING SOURCE The reasonable cost of attorney and consultant expenses related to the rate increase request are reimbursable by the company. RECOMMENDATION It is recommended that the proposed settlement be approved. ORDINANCE NO. AN ORDINANCE BY THE CITY OF BEAUMONT, TEXAS ("CITY") APPROVING THE SETTLEMENT FILED IN ENTERGY TEXAS, INC.'S RATE PROCEEDING INITIATED ON MAY 15, 2018; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about May 15, 2018, Entergy Texas, Inc. ("ETI" or "Company") filed a Statement of Intent with the City to increase electric rates in its service area by $117.5 million per year; and, WHEREAS, ETI proposed to offset the first two years of the rate increase by about $100.8 million per year for income taxes that it over -collected as a result of the Tax Cuts and Jobs Act of 2017 ("TCJA"); and, WHEREAS, the City suspended the effective date of ETI's rates within its jurisdictional limits until September 17, 2018, and retained the Lawton Law Firm, P.C. to review the Company's rate change request and proposed tariffs; and, WHEREAS, the City denied ETI's rate request on August 28, 2018; and, WHEREAS, concurrently with its filing with the City, the Company filed its Statement of Intent with the Public Utility Commission of Texas ("PUC" or "Commission") on May 15, 2018, under Docket No. 48371; and, WHEREAS, the City intervened in Docket No. 48371 at the Commission along with other cities pursuant to the Public Utility Regulatory Act ("PURA") § 33.025; and, I WHEREAS, ETI, PUC Staff, and other intervening parties participating in Docket No. 48371 have reached a settlement of ETI's base rate increase request; and, WHEREAS, the settlement authorizes a $53.2 million increase to ETI's current adjusted revenues; and, WHEREAS, the settlement provides that ETI will return to customers approximately $205 million (including interest) in excess deferred tax savings that accrued pursuant to the TCJA; and, WHEREAS, the settlement provides that ETI will return to customers $25 million for tax over -collections in 2018 as a result of the TCJA; and, WHEREAS, over the first four years rates are in effect, Residential customers will experience. a $2.9 million annual decrease compared to current rates, Small General Service customers will receive a $1.3 million annual increase, and Street Lighting rates will decrease by about $900,000 per year. The impact on the remaining rate classes will average out to a $3.6 million annual decrease for General Service customers, a $700,000 annual increase for Large General Service customers, and $1.1 million annual increase for Large Industrial Power Service customers; and, WHEREAS, having reviewed the Company's rate change request and the terms of the proposed settlement, the Lawton Law Firm has recommended approval of the settlement agreement; and, WHEREAS, settlement of the case will reduce the risk of an unanticipated or negative outcome and will also reduce litigation expenses; and, WHEREAS, the settlement will result in a just and reasonable outcome and is in the public interest; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the statement and findings set out in the preamble to this Ordinance are hereby in all things approved and adopted. Section 2. The settlement agreement proposed in PUC Docket No. 48371 is approved. Section 3. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 4. This ordinance shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2018. - Mayor Becky Ames - ATTEST: