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HomeMy WebLinkAboutPACKET MAR 28 2017TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 28, 2017 1:30 P.M. CONSENT AGENDA * Approval of minutes — March 21, 2017 * Confirmation of committee appointments A) Approve a resolution opposing Senate Bill 2 B) Approve a resolution accepting a Quitclaim Deed from the Texas Department of Transportation for a portion of US 90 C) Approve a resolution approving the necessary repairs of a Caterpiller Dozer used at the Landfill D) Authorize the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department E) Authorize the settlement of the subrogation claim of Albert and Faye Thibodeaux L1 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Jarmon, Executive Assistant to the City Manager MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a resolution opposing Senate Bill 2 BACKGROUND Senate Bill (SB) 2 was recently approved by the Texas Senate and has been sent to the Texas House for consideration. SB 2 is a revenue cap bill that does little to provide significant tax relief to citizens. SB 2 reduces the "rollback rate" from eight percent to five percent and provides for a mandatory election on any increase over five percent. The City of Beaumont opposes SB 2 and any similar legislation that imposes revenue caps or impedes the City's ability to meet local needs. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 85(R) SB 2 - Engrossed version - Bill Text By: Bettencourt, et al. A BILL TO BE ENTITLED AN ACT Page 1 of 38 S. B. No. 2 relating to ad valorem taxation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. This Act may be cited as the Texas Property Tax Reform and Relief Act of 2017. SECTION 2. Chapter 5, Tax Code, is amended by adding Section 5.01 to read as follows: Sec. 5.01. PROPERTY TAX ADMINISTRATION ADVISORY BOARD. (a) The comptroller shall appoint the property tax administration advisory board to advise the comptroller with respect to the division or divisions within the office of the comptroller with Primary responsibility for state administration of property taxation and state oversight of appraisal districts and local tax offices. The advisory board may make recommendations to the comptroller regarding improving the effectiveness and efficiency of the property tax system, best practices, and complaint resolution procedures. (b) The advisory board is composed of at least six members appointed by the comptroller. The members of the board should include: (1) representatives of property tax pavers, appraisal districts, and school districts; and (2) a person who has knowledge or experience in conducting ratio studies. (c) The members of the advisory board serve at the pleasure of the comptroller. (d) Any advice to the comptroller relating to a matter described by Subsection (a) that is provided by a member of the advisory board must be provided at a meeting called by the comptroller. (e) Chapter 2110, Government Code, does not apply to the advisory board. SECTION 3. Section 5.05, Tax Code, is amended by adding Subsection (c-1) to read as follows: (c-1) An appraisal district shall appraise property in accordance with any appraisal manuals prepared and issued by the comptroller under this section. SECTION 4. Sections 5.102(a) and (c), Tax Code, are amended to read as follows: (a) At least once every two years, the comptroller shall review the governance of each appraisal district, taxpayer assistance provided, and the operating and appraisal standards, procedures, and methodology used by each appraisal district, to determine compliance with generally accepted standards, procedures, and methodology, including compliance with standards, procedures, and methodology prescribed by appraisal manuals prepared and issued by the comptroller. After consultation with the property tax administration advisory board [_,......._____ ___-____ M,Tder SeCtiOn 483.362-8vrocrnareTt t eOde] , the comptroller by rule may establish procedures and standards for conducting and scoring the review. (c) At the conclusion of the review, the comptroller shall, in writing, notify the appraisal district concerning its performance in the review. If the review results in a finding that an appraisal district is not in compliance with generally accepted standards, procedures, and methodology, including compliance with http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 2 of 38 standards, procedures, and methodology prescribed by appraisal manuals prepared and issued by the comptroller, the comptroller shall deliver a report that details the comptroller's findings and recommendations for improvement to: (1) the appraisal district's chief appraiser and board of directors; and (2) the superintendent and board of trustees of each school district participating in the appraisal district. SECTION 5. Section 5.13(d), Tax Code, is amended to read as follows: (d) In conducting a general audit, the comptroller shall consider and report on: (1) the extent to which the district complies with applicable law or generally accepted standards of appraisal or other relevant practice, including appraisal standards and practices prescribed by appraisal manuals prepared and issued by the comptroller; (2) the uniformity and level of appraisal of major kinds of property and the cause of any significant deviations from ideal uniformity and equality of appraisal of major kinds of property; (3) duplication of effort and efficiency of operation; (4) the general efficiency, quality of service, and qualification of appraisal district personnel; and (5) except as otherwise provided by Subsection (b) [,o+ t____ sect____], any other matter included in the request for the audit. SECTION 6. Section 6.035(a-1), Tax Code, is amended to read as follows: (a-1) An individual is ineligible to serve on an appraisal district board of directors if the individual has engaged in the business of appraising property for compensation for use in proceedings under this title or of representing property owners for compensation in proceedings under this title in the appraisal district at any time during the preceding three [five] years. SECTION 7. Section 6.15, Tax Code, is amended by adding Subsection (c-1) to read as follows: (c-1) Subsections (a) and (b) do not prohibit a member of the board of directors of an appraisal district from transmitting to the chief appraiser without comment a complaint by a property owner or taxing unit about the appraisal of a specific property, provided that the transmission is in writing. SECTION 8. Section 6.41, Tax Code, is amended by amending Subsections (b) and (d-9) and adding Subsections (b-1), (b-2), and (d-10) to read as follows: (b) Except as provided by Subsection (b-1) or (b-2), an appraisal review ['i -re] board consists of three members. (b-1) An appraisal [Homever, t!+e] district board of directors by resolution of a majority of the board's [its] members may increase the size of the district's appraisal review board to the number of members the board of directors considers appropriate. (b-2) An appraisal district board of directors for a district established in a county described by Subsection (d-1) by resolution of a majority of the board's members shall increase the size of the district's appraisal review board to the number of members the board of directors considers appropriate to manage the duties of the appraisal review board, including the duties of each special panel established under Section 6.425. (d-9) In selecting individuals who are to serve as members of the appraisal review board, the local administrative district fudge shall select an adequate number of qualified individuals to http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 3 of 38 permit the chairman of the appraisal review board to fill the positions on each special panel established under Section 6.425. (d-10) Upon selection of the individuals who are to serve as members of the appraisal review board, the local administrative district judge shall enter an appropriate order designating such members and setting each member's respective term of office, as provided elsewhere in this section. SECTION 9. Section 6.414(d), Tax Code, is amended to read as follows: (d) An auxiliary board member may hear taxpayer protests before the appraisal review board. An auxiliary board member may not hear taxpayer protests before a special panel established under Section 6.425 unless the member is eligible to be appointed to the special panel. If one or more auxiliary board members sit on a panel established under Section 6.425 or 41.45 to conduct a protest hearing, the number of regular appraisal review board members required by that section to constitute the panel is reduced by the number of auxiliary board members sitting. An auxiliary board member sitting on a panel is considered a regular board member for all purposes related to the conduct of the hearing. SECTION 10. Section 6.42, Tax Code, is amended by adding Subsection (d) to read as follows: (d) The concurrence of a majority of the members of the appraisal review board or a panel of the board present at a meeting of the board or panel is sufficient for a recommendation, determination, decision, or other action by the board or panel, and the concurrence of more than a majority of the members of the board or panel may not be required. SECTION 11. Subchapter C, Chapter 6, Tax Code, is amended by adding Section 6.425 to read as follows: Sec. 6.425. SPECIAL APPRAISAL REVIEW BOARD PANELS IN CERTAIN DISTRICTS. (a) This section applies only to the appraisal review board for an appraisal district described by Section 6.41(b-2). (b) The appraisal review board shall establish a separate special panel for each of the following classifications of property to conduct protest hearings under Chapter 41 relating to property included in that classification: (1) commercial real and personal property; (2) real and personal property of utilities; (3) industrial and manufacturing real and personal property; and (4) multifamily residential real property. (c) The chairman of the appraisal review board may establish additional special panels described by this section to conduct protest hearings relating to property included in a classification described by Subsection (b) if the chairman determines that additional panels are necessary. (d) Each special panel described by this section consists of three members of the appraisal review board appointed by the chairman of the board. (e) To be eligible to be appointed to a special panel described by this section, a member of the appraisal review board must: (1) hold a juris doctor or equivalent degree; (2) hold a master of business administration degree; (3) be licensed as a certified public accountant under Chapter 901, Occupations Code; (4) be accredited by the American Society of Appraisers as an accredited senior appraiser; (5) possess an MAI professional designation from the http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 4 of 38 Appraisal Institute; (6) possess a Certified Assessment Evaluator (CAE) professional designation from the International Association of Assessing Officers; (7) have at least 20 years of experience in property tax appraisal or consulting; or (8) be licensed as a real estate broker or sales agent under Chapter 1101, Occupations Code. (f) Notwithstanding Subsection (e), the chairman of the appraisal review board may appoint to a special panel described by this section a member of the appraisal review board who does not meet the qualifications prescribed by that subsection if: (1) the number of persons appointed to the board by the local administrative district judge who meet those qualifications is not sufficient to fill the positions on each special panel; and (2) the board member being appointed to the panel holds a bachelor's degree in any field. SECTION 12. Section 11.4391(a), Tax Code, is amended to read as follows: (a) The chief appraiser shall accept and approve or deny an application for an exemption for freeport goods under Section 11.251 after the deadline for filing it has passed if it is filed not later than June 1 [before l SECTION 13. Section 21.09(b), Tax Code, is amended to read as follows: (b) A person claiming an allocation must apply for the allocation each year the person claims the allocation. A person claiming an allocation must file a completed allocation application form before April [M"] 1 and must provide the information required by the form. If the property was not on the appraisal roll in the preceding year, the deadline for filing the allocation application form is extended to the 30th [45th] day after the date of receipt of the notice of appraised value required by Section 25.19(a)(3). For good cause shown, the chief appraiser shall extend the deadline for filing an allocation application form by written order for a period not to exceed 30 [E,&] days. SECTION 14. Section 22.23, Tax Code, is amended to read as follows: Sec. 22.23. FILING DATE. (a) Rendition statements and property reports must be delivered to the chief appraiser after January 1 and not later than April 1 [+5], except as provided by Section 22.02. (b) On written request by the property owner, the chief appraiser shall extend a deadline for filing a rendition statement or property report to a date not later than May 1 [+5]. The chief appraiser may further extend the deadline an additional 15 days upon good cause shown in writing by the property owner. (c) Notwithstanding any other provision of this section, rendition statements and property reports for property regulated by the Public Utility Commission of Texas, the Railroad Commission of Texas the federal Surface Transportation Board, or the Federal Energy Regulatory Commission must be delivered to the chief appraiser not later than April 30, except as provided by Section 22.02. The chief appraiser may extend the filing deadline 15 days for good cause on written request by the property owner. SECTION 15. Section 23.01(b), Tax Code, is amended to read as follows: (b) The market value of property shall be determined by the application of generally accepted appraisal methods and techniques, including appraisal methods and techniques prescribed http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 5 of 38 by appraisal manuals prepared and issued by the comptroller. If the appraisal district determines the appraised value of a property using mass appraisal standards, the mass appraisal standards must comply with the Uniform Standards of Professional Appraisal Practice. The same or similar appraisal methods and techniques shall be used in appraising the same or similar kinds of property. However, each property shall be appraised based upon the individual characteristics that affect the property's market value, and all available evidence that is specific to the value of the property shall be taken into account in determining the property's market value. SECTION 16. Section 25.19, Tax Code, is amended by amending Subsections (a) and (g) and adding Subsection (b-3) to read as follows: (a) By April 15 [�] or as soon thereafter as practicable [if the property +S a Single family residelMe that for an exemption under Section +i.iB, or by May 1 or aS 00011 thereafter as practicabl- with any other ], the chief appraiser shall deliver a clear and understandable written notice to a property owner of the appraised value of the property owner's property if: (1) the appraised value of the property is greater than it was in the preceding year; (2) the appraised value of the property is greater than the value rendered by the property owner; (3) the property was not on the appraisal roll in the preceding year; or (4) an exemption or partial exemption approved for the property for the preceding year was canceled or reduced for the current year. (b-3) This subsection applies only to an appraisal district described by Section 6.41(b-2). In addition to the information required by Subsection (b), the chief appraiser shall state in a notice of appraised value of property included in a classification described by Section 6.425(b) that the property owner has the right to have a protest relating to the property heard by a special panel of the appraisal review board. (g) By April 15 [�] or as soon thereafter as practicable [if exemption ander Section ii.13, or by May 1 or as sc)M there-fter ts ], the chief appraiser shall deliver a written notice to the owner of each property not included in a notice required to be delivered under Subsection (a), if the property was reappraised in the current tax year, if the ownership of the property changed during the preceding year, or if the property owner or the agent of a property owner authorized under Section 1.111 makes a written request for the notice. The chief appraiser shall separate real from personal property and include in the notice for each property: (1) the appraised value of the property in the preceding year; (2) the appraised value of the property for the current year and the kind of each partial exemption, if any, approved for the current year; (3) a detailed explanation of the time and procedure for protesting the value; and (4) the date and place the appraisal review board will begin hearing protests. SECTION 17. Section 25.22(a), Tax Code, is amended to read as follows: (a) By May or as soon thereafter as practicable, the http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 6 of 38 chief appraiser shall submit the completed appraisal records to the appraisal review board for review and determination of protests. However, the chief appraiser may not submit the records until the chief appraiser has delivered the notices required by Subsection (d) of Section 11.45, Subsection (d) of Section 23.44, Subsection (d) of Section 23.57, Subsection (d) of Section 23.79, Subsection (d) of Section 23.85, Subsection (d) of Section 23.95, Subsection (d) of Section 23.9805, and Section 25.19. SECTION 18. Sections 26.01(a) and (e), Tax Code, are amended to read as follows: (a) By July 10 the chief appraiser shall prepare and certify to the assessor for each taxing unit participating in the district that part of the appraisal roll for the district that lists the property taxable by the unit. The part certified to the assessor is the appraisal roll for the unit. The chief appraiser shall consult with the assessor for each taxing unit and notify each unit in writing by April 1 of the form in which the roll will be provided to each unit. (e) Except as provided by Subsection (f), not later than Mav 15 [April 381, the chief appraiser shall prepare and certify to the assessor for each county, municipality, and school district participating in the appraisal district an estimate of the taxable value of property in that taxing unit. The chief appraiser shall assist each county, municipality, and school district in determining values of property in that taxing unit for the taxing unit's budgetary purposes. SECTION 19. Section 26.012(9), Tax Code, is redesignated as Section 26.012(18), Tax Code, and amended to read as follows: (18) "No -new -taxes [ ] maintenance and operations rate" means a rate expressed in dollars per $100 of taxable value and calculated according to the following formula: NO -NEW -TAXES [EFFEeTi] MAINTENANCE AND OPERATIONS RATE _ (LAST YEAR'S LEVY - LAST YEAR'S DEBT LEVY - LAST YEAR'S JUNIOR COLLEGE LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) SECTION 20. The heading to Section 26.04, Tax Code, is amended to read as follows: Sec. 26.04. SUBMISSION OF ROLL TO GOVERNING BODY; NO -NEW -TAXES [E] AND ROLLBACK TAX RATES. SECTION 21. Section 26.04, Tax Code, is amended by amending Subsections (b), (c), (d), (e), (e-1), (f), (i), and (j) and adding Subsections (c-1), (d-1), (d-2), (d-3), and (h-1) to read as follows: (b) The assessor shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by July 15 [Augast 1] or as soon thereafter as practicable. By July 15 [Angcot i] or as soon thereafter as practicable, the taxing unit's collector shall certify [_l ____ _f] the anticipated collection rate for the current year to the governing body. If the collector certified an anticipated collection rate in the preceding year and the actual collection rate in that year exceeded the anticipated rate, the collector shall also certify the amount of debt taxes collected in excess of the anticipated amount in the preceding year. (c) An officer or employee designated by the governing body shall calculate the no -new -taxes [rte -*±vel tax rate and the rollback tax rate for the unit, where: (1) "No -new -taxes ["F e] tax rate" means a rate expressed in dollars per $100 of taxable value calculated according to the following formula: http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text NO -NEW -TAXES [EFFEeTIVB] TAX RATE = (LAST YEAR'S LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) ; and Page 7 of 38 (2) "Rollback tax rate" means a rate expressed in dollars per $100 of taxable value calculated according to the following formula: ROLLBACK TAX RATE = (NO -NEW -TAXES [EFFE6T] MAINTENANCE AND OPERATIONS RATE x 1.05 [3:$81) + CURRENT DEBT RATE (c-1) Notwithstanding any other provision of this section, the governing body may direct the designated officer or employee to substitute "1.08" for "1.05" in the calculation of the rollback tax rate if any part of the taxing unit is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States. (d) The no -new -taxes [effective] tax rate for a county is the sum of the no -new -taxes [mac] tax rates calculated for each type of tax the county levies., and the rollback tax rate for a county is the sum of the rollback tax rates calculated for each type of tax the county levies. (d-1) As soon as practicable after the designated officer or employee calculates the no -new -taxes tax rate and the rollback tax rate for the taxing unit, the designated officer or employee shall submit the worksheets used in calculating the rates to the county assessor -collector for each county in which the unit is located. The county assessor -collector or an employee designated by the county assessor -collector shall determine whether the values used in the calculation of those tax rates are the same as the values shown in the unit's appraisal roll and the tax rates have otherwise been calculated correctly. If the county assessor -collector or designated employee makes such a determination, the county assessor -collector shall: (1) execute a written certification to that effect, attach the certification to each worksheet, and submit the worksheets to the governing body of the unit; and (2) notify the unit's designated officer or employee of the submission of the worksheets with the attached certifications to the governing body. (d-2) The designated officer or employee of the taxing unit may not submit the no -new -taxes tax rate and the rollback tax rate to the governing body of the unit and the governing body of the unit may not adopt a tax rate until the county assessor -collector for each county in which the unit is located submits to the governing body of the unit the worksheets used to calculate each tax rate with the certification described by Subsection (d-1) attached. (d-3) The comptroller shall adopt rules governing the form of the certification described by Subsection (d-1) and the manner in which the worksheets with the attached certifications are required to be submitted to the governing body of the taxing unit. (e) By July 22 [Angast �] or as soon thereafter as practicable, the designated officer or employee shall submit the rates to the governing body. By July 27, the designated officer or employee [i -i,--] shall deliver by mail to each property owner in the unit or publish in a newspaper in the form prescribed by the comptroller: (1) the no -new -taxes [] tax rate, the rollback tax rate, and an explanation of how they were calculated; (2) the estimated amount of interest and sinking fund balances and the estimated amount of maintenance and operation or general fund balances remaining at the end of the current fiscal http://www.legis.state.tx.us/tlodocs/85R/bilitext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 8 of 38 year that are not encumbered with or by corresponding existing debt obligation; (3) a schedule of the unit's debt obligations showing: (A) the amount of principal and interest that will be paid to service the unit's debts in the next year from property tax revenue, including payments of lawfully incurred contractual obligations providing security for the payment of the principal of and interest on bonds and other evidences of indebtedness issued on behalf of the unit by another political subdivision and, if the unit is created under Section 52, Article III, or Section 59, Article XVI, Texas Constitution, payments on debts that the unit anticipates to incur in the next calendar year; (B) the amount by which taxes imposed for debt are to be increased because of the unit's anticipated collection rate; and (C) the total of the amounts listed in Paragraphs (A) -(B), less any amount collected in excess of the previous year's anticipated collections certified as provided in Subsection (b); (4) the amount of additional sales and use tax revenue anticipated in calculations under Section 26.041; (5) a statement that the adoption of a tax rate equal to the no -new -taxes [±] tax rate would result in an increase or decrease, as applicable, in the amount of taxes imposed by the unit as compared to last year's levy, and the amount of the increase or decrease; (6) in the year that a taxing unit calculates an adjustment under Subsection (i) or (j), a schedule that includes the following elements: (A) the name of the unit discontinuing the department, function, or activity; (B) the amount of property tax revenue spent by the unit listed under Paragraph (A) to operate the discontinued department, function, or activity in the 12 months preceding the month in which the calculations required by this chapter are made; and (C) the name of the unit that operates a distinct department, function, or activity in all or a majority of the territory of a taxing unit that has discontinued operating the distinct department, function, or activity; and (7) in the year following the year in which a taxing unit raised its rollback tax rate as required by Subsection (j), a schedule that includes the following elements: (A) the amount of property tax revenue spent by the unit to operate the department, function, or activity for which the taxing unit raised the rollback tax rate as required by Subsection (j) for the 12 months preceding the month in which the calculations required by this chapter are made; and (B) the amount published by the unit in the preceding tax year under Subdivision (6)(B). (e-1) The tax rate certification requirements imposed by Subsections (d-1) and (d-2) and the notice requirements imposed by Subsections (e)(1)-(6) do not apply to a school district. (f) If as a result of consolidation of taxing units a taxing unit includes territory that was in two or more taxing units in the preceding year, the amount of taxes imposed in each in the preceding year is combined for purposes of calculating the no -new -taxes [] and rollback tax rates under this section. (h-1) Notwithstanding Subsection (h), the assessor may not certify an anticipated collection rate under Subsection (b) that is lower than the lowest actual collection rate in the preceding three years. http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 9 of 38 (i) This subsection applies to a taxing unit that has agreed by written contract to transfer a distinct department, function, or activity to another taxing unit and discontinues operating that distinct department, function, or activity if the operation of that department, function, or activity in all or a majority of the territory of the taxing unit is continued by another existing taxing unit or by a new taxing unit. The rollback tax rate of a taxing unit to which this subsection applies in the first tax year in which a budget is adopted that does not allocate revenue to the discontinued department, function, or activity is calculated as otherwise provided by this section, except that last year's levy used to calculate the no -new -taxes [*r] maintenance and operations rate of the unit is reduced by the amount of maintenance and operations tax revenue spent by the taxing unit to operate the department, function, or activity for the 12 months preceding the month in which the calculations required by this chapter are made and in which the unit operated the discontinued department, function, or activity. If the unit did not operate that department, function, or activity for the full 12 months preceding the month in which the calculations required by this chapter are made, the unit shall reduce last year's levy used for calculating the no -new -taxes [effective] maintenance and operations rate of the unit by the amount of the revenue spent in the last full fiscal year in which the unit operated the discontinued department, function, or activity. (j) This subsection applies to a taxing unit that had agreed by written contract to accept the transfer of a distinct department, function, or activity from another taxing unit and operates a distinct department, function, or activity if the operation of a substantially similar department, function, or activity in all or a majority of the territory of the taxing unit has been discontinued by another taxing unit, including a dissolved taxing unit. The rollback tax rate of a taxing unit to which this subsection applies in the first tax year after the other taxing unit discontinued the substantially similar department, function, or activity in which a budget is adopted that allocates revenue to the department, function, or activity is calculated as otherwise provided by this section, except that last year's levy used to calculate the no -new -taxes [fir] maintenance and operations rate of the unit is increased by the amount of maintenance and operations tax revenue spent by the taxing unit that discontinued operating the substantially similar department, function, or activity to operate that department, function, or activity for the 12 months preceding the month in which the calculations required by this chapter are made and in which the unit operated the discontinued department, function, or activity. If the unit did not operate the discontinued department, function, or activity for the full 12 months preceding the month in which the calculations required by this chapter are made, the unit may increase last year's levy used to calculate the no -new -taxes [] maintenance and operations rate by an amount not to exceed the amount of property tax revenue spent by the discontinuing unit to operate the discontinued department, function, or activity in the last full fiscal year in which the discontinuing unit operated the department, function, or activity. SECTION 22. Section 26.041, Tax Code, is amended by amending Subsections (a), (b), (c), (e), (g), and (h) and adding Subsection (c-1) to read as follows: (a) In the first year in which an additional sales and use tax is required to be collected, the no -new -taxes [fie] tax rate and rollback tax rate for the unit are calculated according to http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 10 of 38 the following formulas: NO -NEW -TAXES [] TAX RATE = j(LAST YEAR'S LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)i - SALES TAX GAIN RATE and ROLLBACK TAX RATE = (NO -NEW -TAXES [EFFEeTIVE] MAINTENANCE AND OPERATIONS RATE x 1.05 [1.68]) + CURRENT DEBT RATE - SALES TAX GAIN RATE where "sales tax gain rate" means a number expressed in dollars per $100 of taxable value, calculated by dividing the revenue that will be generated by the additional sales and use tax in the following year as calculated under Subsection (d) [n{ _____ _______] by the current total value. (b) Except as provided by Subsections (a) and (c) [mss section], in a year in which a taxing unit imposes an additional sales and use tax the rollback tax rate for the unit is calculated according to the following formula, regardless of whether the unit levied a property tax in the preceding year: ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.05 [1.88]) / ([TeTPrB] CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + (CURRENT DEBT RATE - SALES TAX REVENUE RATE) where "last year's maintenance and operations expense" means the amount spent for maintenance and operations from property tax and additional sales and use tax revenues in the preceding year, and "sales tax revenue rate" means a number expressed in dollars per $100 of taxable value, calculated by dividing the revenue that will be generated by the additional sales and use tax in the current year as calculated under Subsection (d) [off this sect____] by the current total value. (c) In a year in which a taxing unit that has been imposing an additional sales and use tax ceases to impose an additional sales and use tax the no -new -taxes [+e] tax rate and rollback tax rate for the unit are calculated according to the following formulas: NO -NEW -TAXES [EFFEeTiv] TAX RATE = [(LAST YEAR'S LEVY - LOST PROPERTY LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + SALES TAX LOSS RATE and ROLLBACK TAX RATE = [(LAST YEAR'S MAINTENANCE AND OPERATIONS EXPENSE x 1.05 [1.881) / ([T6TAfij CURRENT TOTAL VALUE - NEW PROPERTY VALUE)] + CURRENT DEBT RATE where "sales tax loss rate" means a number expressed in dollars per $100 of taxable value, calculated by dividing the amount of sales and use tax revenue generated in the last four quarters for which the information is available by the current total value and "last year's maintenance and operations expense" means the amount spent for maintenance and operations from property tax and additional sales and use tax revenues in the preceding year. (c-1) Notwithstanding any other provision of this section, the governing body may direct the designated officer or employee to substitute "1.08" for "1.05" in the calculation of the rollback tax rate if any part of the taxing unit is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States. (e) If a city that imposes an additional sales and use tax receives payments under the terms of a contract executed before January 1, 1986, in which the city agrees not to annex certain property or a certain area and the owners or lessees of the property or of property in the area agree to pay at least annually to the city an amount determined by reference to all or a percentage of the http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 11 of 38 property tax rate of the city and all or a part of the value of the property subject to the agreement or included in the area subject to the agreement, the governing body, by order adopted by a majority vote of the governing body, may direct the designated officer or employee to add to the no -new -taxes (effective] and rollback tax rates the amount that, when applied to the total taxable value submitted to the governing body, would produce an amount of taxes equal to the difference between the total amount of payments for the tax year under contracts described by this subsection under the rollback tax rate calculated under this section and the total amount of payments for the tax year that would have been obligated to the city if the city had not adopted an additional sales and use tax. (g) If the rate of the additional sales and use tax is increased, the designated officer or employee shall make two projections, in the manner provided by Subsection (d) [of this section], of the revenue generated by the additional sales and use tax in the following year. The first projection must take into account the increase and the second projection must not take into account the increase. The officer or employee shall then subtract the amount of the result of the second projection from the amount of the result of the first projection to determine the revenue generated as a result of the increase in the additional sales and use tax. In the first year in which an additional sales and use tax is increased, the no -new -taxes [ter] tax rate for the unit is the no -new -taxes [effeetiuel tax rate before the increase minus a number the numerator of which is the revenue generated as a result of the increase in the additional sales and use tax, as determined under this subsection, and the denominator of which is the current total value minus the new property value. (h) If the rate of the additional sales and use tax is decreased, the designated officer or employee shall make two projections, in the manner provided by Subsection (d) [c!E th±.s section], of the revenue generated by the additional sales and use tax in the following year. The first projection must take into account the decrease and the second projection must not take into account the decrease. The officer or employee shall then subtract the amount of the result of the first projection from the amount of the result of the second projection to determine the revenue lost as a result of the decrease in the additional sales and use tax. In the first year in which an additional sales and use tax is decreased, the no -new -taxes [effect *el tax rate for the unit is the no -new -taxes [effective] tax rate before the decrease plus a number the numerator of which is the revenue lost as a result of the decrease in the additional sales and use tax, as determined under this subsection, and the denominator of which is the current total value minus the new property value. SECTION 23. The heading to Section 26.043, Tax Code, is amended to read as follows: Sec. 26.043. ROLLBACK AND NO -NEW -TAXES [V=] TAX RATES [FftTE] IN CITY IMPOSING MASS TRANSIT SALES AND USE TAX. SECTION 24. Sections 26.043(a) and (b), Tax Code, are amended to read as follows: (a) In the tax year in which a city has set an election on the question of whether to impose a local sales and use tax under Subchapter H, Chapter 453, Transportation Code, the officer or employee designated to make the calculations provided by Section 26.04 may not make those calculations until the outcome of the election is determined. If the election is determined in favor of the imposition of the tax, the representative shall subtract from the city's rollback and no -new -taxes [effect±uC] tax rates the http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 12 of 38 amount that, if applied to the city's current total value, would impose an amount equal to the amount of property taxes budgeted in the current tax year to pay for expenses related to mass transit services. (b) In a tax year to which this section applies, a reference in this chapter to the city's no -new -taxes [mss] or rollback tax rate refers to that rate as adjusted under this section. SECTION 25. The heading to Section 26.044, Tax Code, is amended to read as follows: Sec. 26.044. NO -NEW -TAXES [*V=] TAX RATE TO PAY FOR STATE CRIMINAL JUSTICE MANDATE. SECTION 26. Sections 26.044(a), (b), and (c), Tax Code, are amended to read as follows: (a) The first time that a county adopts a tax rate after September 1, 1991, in which the state criminal justice mandate applies to the county, the no -new -taxes [ter] maintenance and operation rate for the county is increased by the rate calculated according to the following formula: (State Criminal Justice Mandate) / (Current Total Value - New Property Value) (b) In the second and subsequent years that a county adopts a tax rate, if the amount spent by the county for the state criminal justice mandate increased over the previous year, the no -new -taxes [effective] maintenance and operation rate for the county is increased by the rate calculated according to the following formula: (This Year's State Criminal Justice Mandate - Previous Year's State Criminal Justice Mandate) / (Current Total Value - New Property Value) (c) The county shall include a notice of the increase in the no -new -taxes [fir] maintenance and operation rate provided by this section, including a description and amount of the state criminal justice mandate, in the information published under Section 26.04(e) and Section 26.06(b) [n{ `__-_ co,-]. SECTION 27. Sections 26.0441(a), (b), and (c), Tax Code, are amended to read as follows: (a) In the first tax year in which a taxing unit adopts a tax rate after January 1, 2000, and in which the enhanced minimum eligibility standards for indigent health care established under Section 61.006, Health and Safety Code, apply to the taxing unit, the no -new -taxes [e] maintenance and operations rate for the taxing unit is increased by the rate computed according to the following formula: Amount of Increase = Enhanced Indigent Health Care Expenditures / (Current Total Value - New Property Value) (b) In each subsequent tax year, if the taxing unit's enhanced indigent health care expenses exceed the amount of those expenses for the preceding year, the no -new -taxes [effective] maintenance and operations rate for the taxing unit is increased by the rate computed according to the following formula: Amount of Increase = (Current Tax Year's Enhanced Indigent Health Care Expenditures - Preceding Tax Year's Indigent Health Care Expenditures) / (Current Total Value - New Property Value) (c) The taxing unit shall include a notice of the increase in its no -new -taxes [iue] maintenance and operations rate provided by this section, including a brief description and the amount of the enhanced indigent health care expenditures, in the information published under Section 26.04(e) and, if applicable, Section 26.06(b). http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 13 of 38 SECTION 28. Section 26.05, Tax Code, is amended by amending Subsections (a), (b), (c), (d), and (g) and adding Subsection (e-1) to read as follows: (a) The governing body of each taxing unit[, bef,re L' imerter of September 38 or the 68th dety after the dnte tile certified appraise! rojj is received by 1!he taxiny ,] shall adopt a tax rate for the current tax year and shall notify the assessor for the unit of the rate adopted. The governing body must adopt a tax rate before the later of September 30 or the 60th day after the date the certified appraisal roll is received by the taxing unit, except that the governing body must adopt a tax rate that exceeds the rollback tax rate before August 15. The tax rate consists of two components, each of which must be approved separately. The components are: (1) for a taxing unit other than a school district, the rate that, if applied to the total taxable value, will impose the total amount published under Section 26.04(e)(3)(C), less any amount of additional sales and use tax revenue that will be used to pay debt service, or, for a school district, the rate calculated under Section 44.004(c)(5)(A)(ii)(b), Education Code; and (2) the rate that, if applied to the total taxable value, will impose the amount of taxes needed to fund maintenance and operation expenditures of the unit for the next year. (b) A taxing unit may not impose property taxes in any year until the governing body has adopted a tax rate for that year, and the annual tax rate must be set by ordinance, resolution, or order, depending on the method prescribed by law for adoption of a law by the governing body. The vote on the ordinance, resolution, or order setting the tax rate must be separate from the vote adopting the budget. For a taxing unit other than a school district, the vote on the ordinance, resolution, or order setting a tax rate that exceeds the no -new -taxes [rtetwr] tax rate must be a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance, resolution, or order. For a school district, the vote on the ordinance, resolution, or order setting a tax rate that exceeds the sum of the no -new -taxes [effective] maintenance and operations tax rate of the district as determined under Section 26.08(1) and the district's current debt rate must be a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance, resolution, or order. A motion to adopt an ordinance, resolution, or order setting a tax rate that exceeds the no -new -taxes [ *ue] tax rate must be made in the following form: "I move that the property tax rate be increased by the adoption of a tax rate of (specify tax rate), which is effectively a (insert percentage by which the proposed tax rate exceeds the no -new -taxes [effective] tax rate) percent increase in the tax rate." If the ordinance, resolution, or order sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year, the taxing unit must: (1) include in the ordinance, resolution, or order in type larger than the type used in any other portion of the document: (A) the following statement: "THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE."; and (B) if the tax rate exceeds the no -new -taxes [mere] maintenance and operations rate, the following statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO -NEW -TAXES [EFFEeTi�VE] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE h4://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 14 of 38 TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(Insert amount)."; and (2) include on the home page of any Internet website operated by the unit: (A) the following statement: "(Insert name of unit) ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE"; and (B) if the tax rate exceeds the no -new -taxes [] maintenance and operations rate, the following statement: "THE TAX RATE WILL EFFECTIVELY BE RAISED BY (INSERT PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE NO -NEW -TAXES [V=] MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(Insert amount)." (c) If the governing body of a taxing unit does not adopt a tax rate before the date required by Subsection (a), the tax rate for the taxing unit for that tax year is the lower of the no -new -taxes [] tax rate calculated for that tax year or the tax rate adopted by the taxing unit for the preceding tax year. A tax rate established by this subsection is treated as an adopted tax rate. Before the fifth day after the establishment of a tax rate by this subsection, the governing body of the taxing unit must ratify the applicable tax rate in the manner required by Subsection (b) . (d) The governing body of a taxing unit other than a school district may not adopt a tax rate that exceeds the lower of the rollback tax rate or the no -new -taxes [effective] tax rate calculated as provided by this chapter until the governing body has held two public hearings on the proposed tax rate and has otherwise complied with Section 26.06 and Section 26.065. The governing body of a taxing unit shall reduce a tax rate set by law or by vote of the electorate to the lower of the rollback tax rate or the no -new -taxes [=.mac] tax rate and may not adopt a higher rate unless it first complies with Section 26.06. (e-1) The governing body of a taxing unit that imposes an additional sales and use tax may not adopt the component of the tax rate of the unit described by Subsection (a)(1) of this section until the chief financial officer or the auditor for the unit submits to the governing body of the unit a written certification that the amount of additional sales and use tax revenue that will be used to pay debt service has been deducted from the total amount published under Section 26.04(e)(3)(C) as required by Subsection (a)(1) of this section. The comptroller shall adopt rules governing the form of the certification required by this subsection and the manner in which it is required to be submitted. (g) Notwithstanding Subsection (a), the governing body of a school district that elects to adopt a tax rate before the adoption of a budget for the fiscal year that begins in the current tax year may adopt a tax rate for the current tax year before receipt of the certified appraisal roll for the school district if the chief appraiser of the appraisal district in which the school district participates has certified to the assessor for the school district an estimate of the taxable value of property in the school district as provided by Section 26.01(e). If a school district adopts a tax rate under this subsection, the no -new -taxes [tel tax rate and the rollback tax rate of the district shall be calculated based on the certified estimate of taxable value. SECTION 29. Section 26.052(e), Tax Code, is amended to read as follows: (e) Public notice provided under Subsection (c) must specify: h4://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 15 of 38 (1) the tax rate that the governing body proposes to adopt; (2) the date, time, and location of the meeting of the governing body of the taxing unit at which the governing body will consider adopting the proposed tax rate; and (3) if the proposed tax rate for the taxing unit exceeds the unit's no -new -taxes [+-] tax rate calculated as provided by Section 26.04, a statement substantially identical to the following: "The proposed tax rate is a tax increase and would increase total taxes in (name of taxing unit) by (percentage by which the proposed tax rate exceeds the no -new -taxes [l tax rate)." SECTION 30. Section 26.06, Tax Code, is amended by amending Subsections (b), (d), and (e) and adding Subsections (b-1), (b-2), (b-3), and (b-4) to read as follows: (b) The notice of a public hearing may not be smaller than one-quarter page of a standard -size or a tabloid -size newspaper, and the headline on the notice must be in 24 -point or larger type. [The -notice -mtts t cstettement in tile fu±lowinq form. [ter eE -- - Bbie ffEARittis eti TA F;- pu?he (name of the taxing unit) tqiii: hold L-",, rnbiic heetrings taxrateexceeds ±±Wer-of-ro3lbac1 bax rate or effective tax ralte ["(NnMeS Of -±± Mefrthe-- Of the qoverninq bod7, showing how of taxing nnit) ±ast year wts $ (everage taxable Unice n disabled persens or persons 65 7enrs Of age or oi:der)- Based on +nst 7ear's tax rate C)f $ (preceding year's &6�5pted tax rate) per $j88 -f tftXab±e Vt±t2e, t - ---t -f- taxes imposed last 7ear tnn of taxing unit) this year is $ (avernge taxable Va±tTe of--& dinfeeJarding residence homestead exemption. etVeri±etb±e on±Y ter disabled persons or persons 65 years of -ye or o±der). 3��*e taxzbje V&hre--bf M reSidelMe hQLfte3teeld i7l the tax+ng-grit--for --tire t�i!der)- http://www.legis. state.tx.us/tlodocs/85 R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 16 of 38 On±7 to disabled persons or persons 65 years of a7T C�r O±der�—. ["Members of the ptTb±i- araged tin attend the hearings and expres3 their ] (b-1) If the proposed tax rate exceeds the no -new -taxes tax rate and the rollback tax rate of the taxing unit, the notice must contain a statement in the following form: "NOTICE OF PUBLIC HEARING ON TAX INCREASE "PROPOSED TAX RATE $ per 100 "NO -NEW -TAXES RATE $ per $100 "ROLLBACK TAX RATE $ per $100 "The no -new -taxes rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year. "The rollback tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to ratify the rate. "The proposed tax rate is greater than the no -new -taxes rate. This means that (name of taxing unit) is proposing to increase property taxes for the (current tax year) tax year. "A public hearing on the proposed tax rate will be held on (date and time) at (meeting place). "A second public hearing will be held on (date and time) at (meeting place). "The proposed tax rate is also greater than the rollback tax rate. If (name of taxing unit) adopts the proposed tax rate, (name of taxing unit) is required to hold an election so that voters may accept or reject the proposed tax rate. If a majority of voters refect the proposed tax rate, the (name of taxing unit) will be required to adopt a new tax rate that is not greater than the rollback tax rate. The election will be held on (date of election). You may contact the (name of office responsible for administering the election) for information about voting locations. The hours of voting on election day are (voting hours). "Your taxes owed under any of the tax rates mentioned above can be calculated as follows: "Property tax amount = tax rate x taxable value of your property / 100 "(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)" (b-2) If the proposed tax rate exceeds the no -new -taxes tax rate but does not exceed the rollback tax rate of the taxing unit, the notice must contain a statement in the following form: "NOTICE OF PUBLIC HEARING ON TAX INCREASE "PROPOSED TAX RATEper 100 "NO -NEW -TAXES RATE $ per $100 "ROLLBACK TAX RATEper 100 "The no -new -taxes rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year. "The rollback tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to ratify the rate. "The proposed tax rate is greater than the no -new -taxes rate. http://www.legis.state.tx.us/tiodocs/85R/bilitext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 17 of 38 This means that (name of taxing unit) is proposing to increase property taxes for the (current tax year) tax year. "A public hearing on the proposed tax rate will be held on (date and time) at (meeting place). "A second public hearing will be held on (date and time) at (meeting place). "The proposed tax rate is not greater than the rollback tax rate As a result, (name of taxing unit) is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the (name of governing body) of (name of taxing unit) at their offices or by attending one of the public hearings mentioned above. "Your taxes owed under any of the tax rates mentioned above can be calculated as follows: "Property tax amount = tax rate x taxable value of your Property / 100 "(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)" (b-3) If the proposed tax rate does not exceed the no -new -taxes tax rate but exceeds the rollback tax rate of the taxing unit, the notice must contain a statement in the following form: "NOTICE OF PUBLIC HEARING ON TAX INCREASE "PROPOSED TAX RATEper 100 "NO -NEW -TAXES RATE $ per $100 "ROLLBACK TAX RATE $ per $100 "The no -new -taxes rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year. "The rollback tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to ratify the rate. "The proposed tax rate is not greater than the no -new -taxes rate. This means that (name of taxing unit) is not proposing to increase property taxes for the (current tax year) tax year. "A public hearing on the proposed tax rate will be held on (date and time) at (meeting place). "A second public hearing will be held on (date and time) at (meeting place). "The proposed tax rate is greater than the rollback tax rate. If (name of taxing unit) adopts the proposed tax rate, (name of taxing unit) is required to hold an election so that voters may accept or reject the proposed tax rate. If a majority of voters reject the proposed tax rate, the (name of taxing unit) will be required to adopt a new tax rate that is not greater than the rollback tax rate. The election will be held on (date of election). You may contact the (name of office responsible for administering the election) for information about voting locations. The hours of voting on election day are (voting hours). "Your taxes owed under any of the tax rates mentioned above can be calculated as follows: "Property tax amount = tax rate x taxable value of your Property / 100 "(Names of all members of the governing body, showing how each voted on the proposal to consider the tax increase or, if one or more were absent, indicating the absences.)" (b-4) In addition to including the information described by h4://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 18 of 38 Subsection (b-1), (b-2), or (b-3), as applicable, the notice must include the information described by Section 26.062. (d) At the public hearings the governing body shall announce the date, time, and place of the meeting at which it will vote on the proposed tax rate. After each hearing the governing body shall give notice of the meeting at which it will vote on the proposed tax rate and the notice shall be in the same form as prescribed by Subsections (b) and (c), except that it must state the following: "NOTICE OF TAX REVENUE INCREASE "The (name of the taxing unit) conducted public hearings on (date of first hearing) and (date of second hearing) on a proposal to increase the total tax revenues of the (name of the taxing unit) from properties on the tax roll in the preceding year by (percentage by which proposed tax rate exceeds lower of rollback tax rate or no -new -taxes [effective ____] rate calculated under this chapter) percent. "The total tax revenue proposed to be raised last year at last year's tax rate of (insert tax rate for the preceding year) for each $100 of taxable value was (insert total amount of taxes imposed in the preceding year). "The total tax revenue proposed to be raised this year at the proposed tax rate of (insert proposed tax rate) for each $100 of taxable value, excluding tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by the difference between current total value and new property value). "The total tax revenue proposed to be raised this year at the proposed tax rate of (insert proposed tax rate) for each $100 of taxable value, including tax revenue to be raised from new property added to the tax roll this year, is (insert amount computed by multiplying proposed tax rate by current total value). "The (governing body of the taxing unit) is scheduled to vote on the tax rate that will result in that tax increase at a public meeting to be held on (date of meeting) at (location of meeting, including mailing address) at (time of meeting). "The (governing body of the taxing unit) proposes to use the increase in total tax revenue for the purpose of (description of purpose of increase)." (e) The meeting to vote on the tax increase may not be earlier than the third day or later than the seventh [err] day after the date of the second public hearing. The meeting must be held inside the boundaries of the taxing unit in a publicly owned building or, if a suitable publicly owned building is not available, in a suitable building to which the public normally has access. If the governing body does not adopt a tax rate that exceeds the lower of the rollback tax rate or the no -new -taxes [effective] tax rate by the seventh [i-4thl day, it must give a new notice under Subsection (d) before it may adopt a rate that exceeds the lower of the rollback tax rate or the no -new -taxes [t*] tax rate. SECTION 31. Chapter 26, Tax Code, is amended by adding Sections 26.061 and 26.062 to read as follows: Sec. 26.061. NOTICE OF MEETING TO VOTE ON PROPOSED TAX RATE THAT DOES NOT EXCEED LOWER OF NO -NEW -TAXES OR ROLLBACK TAX RATE. (a) This section applies only to the governing body of a taxinq unit other than a school district that proposes to adopt a tax rate that does not exceed the lower of the no -new -taxes tax rate or the rollback tax rate calculated as provided by this chapter. (b) The notice of the meeting at which the governing body of the taxing unit will vote on the proposed tax rate must contain a statement in the following form: http://www.legis.state.tx.us/tlodocs/85R/billtext/httnl/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 19 of 38 "NOTICE OF MEETING TO VOTE ON TAX RATE "PROPOSED TAX RATE $ per $100 "NO -NEW -TAXES RATE $ per $100 "ROLLBACK TAX RATE $ per $100 "The no -new -taxes rate is the tax rate for the (current tax year) tax year that will raise the same amount of property tax revenue for (name of taxing unit) from the same properties in both the (preceding tax year) tax year and the (current tax year) tax year. "The rollback tax rate is the highest tax rate that (name of taxing unit) may adopt without holding an election to ratify the rate. "The proposed tax rate is not greater than the no -new -taxes rate. This means that (name of taxing unit) is not proposing to increase property taxes for the (current tax year) tax year. "A public meeting to vote on the proposed tax rate will be held on (date and time) at (meeting place). "The proposed tax rate is also not greater than the rollback tax rate. As a result, (name of taxing unit) is not required to hold an election at which voters may accept or reject the proposed tax rate. However, you may express your support for or opposition to the proposed tax rate by contacting the members of the (name of governing body) of (name of taxing unit) at their offices or by attending the public meeting mentioned above. "Your taxes owed under any of the above rates can be calculated as follows: "Property tax amount = tax rate x taxable value of your property / 100 "(Names of all members of the governing body, showing how each voted on the proposed tax rate or, if one or more were absent, indicating the absences.)" (c) In addition to including the information described by Subsection (b), the notice must include the information described by Section 26.062. Sec. 26.062. ADDITIONAL INFORMATION TO BE INCLUDED IN TAX RATE NOTICE. (a) In addition to the information described by Section 26.06(b-1), (b-2), or (b-3) or 26.061, as applicable, a notice required by that provision must include at the end of the notice: (1) a statement in the following form: "The following table compares the taxes imposed on the average residence homestead by (name of taxing unit) last year to the taxes proposed to be imposed on the average residence homestead by (name of taxing unit) this year:"; (2) a table in the form required by this section following the statement described by Subdivision (1); and (3) a statement in the following form following the table: (A) if the tax assessor for the taxing unit maintains an Internet website: "For assistance with tax calculations, please contact the tax assessor for (name of taxing unit) at (telephone number) or (e-mail address), or visit (Internet website address) for more information."; or (B) if the tax assessor for the taxing unit does not maintain an Internet website: "For assistance with tax calculations, please contact the tax assessor for (name of taxing unit) at (telephone number) or (e-mail address)." (b) The table must contain five rows and four columns. (c) The first row must appear as follows: (1) the first column of the first row must be left blank; http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 20 of 3 8 (2) the second column of the first row must state the year corresponding to the preceding tax year; (3) the third column of the first row must state the year corresponding to the current tax year; and (4) the fourth column of the first row must be entitled "Change" (d) The second row must appear as follows: (1) the first column of the second row must be entitled "Total tax rate (per $100 of value)"; (2) the second column of the second row must state the adopted tax rate for the preceding tax year; (3) the third column of the second row must state the proposed tax rate for the current tax year; and (4) the fourth column of the second row must state the nominal and percentage difference between the adopted tax rate for the preceding tax year and the proposed tax rate for the current tax year as follows: "(increase or decrease, as applicable) of (nominal difference between tax rate stated in second column of second row and tax rate stated in third column of second row) per $100, or (percentage difference between tax rate stated in second column of second row and tax rate stated in third column of second row)%" (e) The third row must appear as follows: (1) the first column of the third row must be entitled "Average homestead taxable value"; (2) the second column of the third row must state the average taxable value of a residence homestead in the taxing unit for the preceding tax year; (3) the third column of the third row must state the average taxable value of a residence homestead in the taxing unit for the current tax year; and (4) the fourth column of the third row must state the percentage difference between the average taxable value of a residence homestead in the taxing unit for the preceding tax year and the average taxable value of a residence homestead in the taxing unit for the current tax year as follows: "(increase or decrease, as applicable) of (percentage difference between amount stated in second column of third row and amount stated in third column of third row)%". (f) The fourth row must appear as follows: (1) the first column of the fourth row must be entitled "Tax on average homestead"; (2) the second column of the fourth row must state the amount of taxes imposed by the taxing unit in the preceding tax year on a residence homestead with a taxable value equal to the average taxable value of a residence homestead in the taxing unit in the preceding tax year; (3) the third column of the fourth row must state the amount of taxes that would be imposed by the taxing unit in the current tax year on a residence homestead with a taxable value equal to the average taxable value of a residence homestead in the taxing unit in the current tax year if the taxing unit adopted the proposed tax rate; and (4) the fourth column of the fourth row must state the nominal and percentage difference between the amount of taxes imposed by the taxing unit in the preceding tax year on a residence homestead with a taxable value equal to the average taxable value of a residence homestead in the taxing unit in the preceding tax year and the amount of taxes that would be imposed by the taxing unit in the current tax year on a residence homestead with a taxable value equal to the average taxable value of a residence homestead in the http://www.legis.state.tx.us/tlodocs/85R/bilitext/htmi/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 21 of 38 taxing unit in the current tax year if the taxing unit adopted the proposed tax rate, as follows: "(increase or decrease, as applicable) of (nominal difference between amount stated in second column of fourth row and amount stated in third column of fourth row), or (percentage difference between amount stated in second column of fourth row and amount stated in third column of fourth row)%" (g) The fifth row must appear as follows: (1) the first column of the fifth row must be entitled "Total tax levy on all properties"; (2) the second column of the fifth row must state the amount equal to last year's levy; (3) the third column of the fifth row must state the amount computed by multiplying the proposed tax rate by the current total value and dividing the product by 100; and (4) the fourth column of the fifth row must state the nominal and percentage difference between the total amount of taxes imposed by the taxing unit in the preceding tax year and the amount that would be imposed by the taxing unit in the current tax year if the taxing unit adopted the proposed tax rate, as follows: "(increase or decrease, as applicable) of (nominal difference between amount stated in second column of fifth row and amount stated in third column of fifth row), or (percentage difference between amount stated in second column of fifth row and amount stated in third column of fifth row)%". (h) In calculating the average taxable value of a residence homestead in the taxing unit for the preceding tax year and the current tax year for purposes of Subsections (e) and (f), any residence homestead exemption available only to disabled persons, persons 65 years of age or older, or their surviving spouses must be disregarded. SECTION 32. The heading to Section 26.08, Tax Code, is amended to read as follows: Sec. 26.08. ELECTION TO RATIFY TAX RATE [L=] SECTION 33. Sections 26.08(a), (b), (d), (d-1), (d-2), (e), (g), (h), (n), and (p), Tax Code, are amended to read as follows: (a) If the governing body of a taxing unit [__`-_' _t --_t] adopts a tax rate that exceeds the taxing unit's [distri, H s] rollback tax rate, the registered voters of the taxing unit [T] at an election held for that purpose must determine whether to approve the adopted tax rate. When increased expenditure of money by a taxing unit [s_`.__' --t] is necessary to respond to a disaster, including a tornado, hurricane, flood, or other calamity, but not including a drought, that has impacted the taxing unit [__ school d__t -t] and the governor has requested federal disaster assistance for the area in which the taxing unit [-`___ --t] is located, an election is not required under this section to approve the tax rate adopted by the governing body for the year following the year in which the disaster occurs. (b) The governing body shall order that the election be held in the taxing unit [_-`--_ ---t] on the uniform election date prescribed by [a dette not -1, -ss then 38 or more than 98 detys after day mi which it adopted the tax .] Section 41.001, Election Code, that occurs in November of the applicable tax year. The order calling the election may not be issued later than August 15 [dots fer±±s voith+n the time permitted by this ]. At the election, the ballots shall be prepared to permit voting for or against the proposition: "Approving the ad valorem tax rate of $ per $100 valuation in (name of taxing unit [. ____ __ district]) for the http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 22 of 38 current year, a rate that is $ higher per $100 valuation than the [__'__l _rice] rollback tax rate of (name of taxing unit), for the purpose of (description of purpose of increase)." The ballot proposition must include the adopted tax rate and the difference between that rate and the rollback tax rate in the appropriate places. (d) If the proposition is not approved as provided by Subsection (c), the governing body may not adopt a tax rate for the taxing unit [__`__' --1] for the current year that exceeds the taxing unit's [a,rool district -'-s] rollback tax rate. (d-1) If, after tax bills for the taxing unit [T d istTetj have been mailed, a proposition to approve the taxing unit's [.,hoof district's] adopted tax rate is not approved by the voters of the taxing unit [}] at an election held under this section, on subsequent adoption of a new tax rate by the governing body of the taxing unit [T], the assessor for the taxing unit [school] shall prepare and mail corrected tax bills. The assessor shall include with each bill a brief explanation of the reason for and effect of the corrected bill. The date on which the taxes become delinquent for the year is extended by a number of days equal to the number of days between the date the first tax bills were sent and the date the corrected tax bills were sent. (d-2) If a property owner pays taxes calculated using the originally adopted tax rate of the taxing unit [_-_____ ___-__--] and the proposition to approve the adopted tax rate is not approved by the voters, the taxing unit [_______ dist__._] shall refund the difference between the amount of taxes paid and the amount due under the subsequently adopted rate if the difference between the amount of taxes paid and the amount due under the subsequent rate is $1 or more. If the difference between the amount of taxes paid and the amount due under the subsequent rate is less than $1, the taxing unit [s_'.__' d-__---=] shall refund the difference on request of the taxpayer. An application for a refund of less than $1 must be made within 90 days after the date the refund becomes due or the taxpayer forfeits the right to the refund. (e) For purposes of this section, local tax funds dedicated to a junior college district under Section 45.105(e), Education Code, shall be eliminated from the calculation of the tax rate adopted by the governing body of a [t+re-1 school district. However, the funds dedicated to the junior college district are subject to Section 26.085. (g) In a school district that received distributions from an equalization tax imposed under former Chapter 18, Education Code, the no -new -taxes tax [effective] rate of that tax as of the date of the county unit system's abolition is added to the district's rollback tax rate. (h) For purposes of this section, increases in taxable values and tax levies occurring within a reinvestment zone under Chapter 311 (Tax Increment Financing Act), in which a school district is a participant, shall be eliminated from the calculation of the tax rate adopted by the governing body of the school district. (n) For purposes of this section, the rollback tax rate of a school district whose maintenance and operations tax rate for the 2005 tax year was $1.50 or less per $100 of taxable value is: (1) for the 2006 tax year, the sum of the rate that is equal to 88.67 percent of the maintenance and operations tax rate adopted by the district for the 2005 tax year, the rate of $0.04 per $100 of taxable value, and the district's current debt rate; and (2) for the 2007 and subsequent tax years, the lesser of the following: http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 23 of 38 (A) the sum of the following: (i) the rate per $100 of taxable value that is equal to the product of the state compression percentage, as determined under Section 42.2516, Education Code, for the current year and $1.50; (ii) the rate of $0.04 per $100 of taxable value; (iii) the rate that is equal to the sum of the differences for the 2006 and each subsequent tax year between the adopted tax rate of the district for that year if the rate was approved at an election under this section and the rollback tax rate of the district for that year; and (iv) the district's current debt rate; or (B) the sum of the following: (i) the no -new -taxes [] maintenance and operations tax rate of the district as computed under Subsection (i) [ ]; (ii) the rate per $100 of taxable value that is equal to the product of the state compression percentage, as determined under Section 42.2516, Education Code, for the current year and $0.06; and (iii) the district's current debt rate. (p) Notwithstanding Subsections (i), (n), and (o), if for the preceding tax year a school district adopted a maintenance and operations tax rate that was less than the district's no -new -taxes [effectiere] maintenance and operations tax rate for that preceding tax year, the rollback tax rate of the district for the current tax year is calculated as if the district adopted a maintenance and operations tax rate for the preceding tax year that was equal to the district's no -new -taxes [effect -err] maintenance and operations tax rate for that preceding tax year. SECTION 34. Section 26.08(i), Tax Code, as effective September 1, 2017, is amended to read as follows: (i) For purposes of this section, the no -new -taxes [effective] maintenance and operations tax rate of a school district is the tax rate that, applied to the current total value for the district, would impose taxes in an amount that, when added to state funds that would be distributed to the district under Chapter 42, Education Code, for the school year beginning in the current tax year using that tax rate, would provide the same amount of state funds distributed under Chapter 42, Education Code, and maintenance and operations taxes of the district per student in weighted average daily attendance for that school year that would have been available to the district in the preceding year if the funding elements for Chapters 41 and 42, Education Code, for the current year had been in effect for the preceding year. SECTION 35. The heading to Section 26.16, Tax Code, is amended to read as follows: Sec. 26.16. POSTING OF TAX -RELATED INFORMATION [TAX RATES] ON COUNTY'S INTERNET WEBSITE. SECTION 36. Section 26.16, Tax Code, is amended by amending Subsections (a) and (d) and adding Subsections (a-1), (d-1), and (d-2) to read as follows: (a) Each county shall maintain an Internet website. The county assessor -collector for each county [HMt _____--__ _______L_] shall post on the Internet website maintained by [ef] the county the following information for the most recent five tax years beginning with the 2012 tax year for each taxing unit all or part of the territory of which is located in the county: (1) the adopted tax rate; (2) the maintenance and operations rate; http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 24 of 38 (3) the debt rate; (4) the no -new -taxes [*c] tax rate; (5) the no -new -taxes [fie] maintenance and operations rate; and (6) the rollback tax rate. (a-1) For purposes of Subsection (a), a reference to the no -new -taxes tax rate or the no -new -taxes maintenance and operations rate includes the equivalent effective tax rate or effective maintenance and operations rate for a preceding year. This subsection expires January 1, 2024. (d) The county assessor -collector shall post immediately below the table prescribed by Subsection (c) the following statement: "The county is providing this table of property tax rate information as a service to the residents of the county. Each individual taxing unit is responsible for calculating the property tax rates listed in this table pertaining to that taxing unit and providing that information to the county. "The adopted tax rate is the tax rate adopted by the governing body of a taxing unit. "The maintenance and operations rate is the component of the adopted tax rate of a taxing unit that will impose the amount of taxes needed to fund maintenance and operation expenditures of the unit for the following year. "The debt rate is the component of the adopted tax rate of a taxing unit that will impose the amount of taxes needed to fund the unit's debt service for the following year. "The no -new -taxes [effective-___] rate is the tax rate that would generate the same amount of revenue in the current tax year as was generated by a taxing unit's adopted tax rate in the preceding tax year from property that is taxable in both the current tax year and the preceding tax year. "The no -new -taxes [] maintenance and operations rate is the tax rate that would generate the same amount of revenue for maintenance and operations in the current tax year as was generated by a taxing unit's maintenance and operations rate in the preceding tax year from property that is taxable in both the current tax year and the preceding tax year. "The rollback tax rate is the highest tax rate a taxing unit may adopt before requiring voter approval at an election. An [-In by Petition itta!j reItTire that a rolibnck eiect+on be held if the unit case of a schoe+ district, an] election will automatically be held if a taxing unit [____ ____rife] wishes to adopt a tax rate in excess of the unit's [district'] rollback tax rate." (d-1) In addition to posting the information described by Subsection (a), the county assessor -collector shall post on the Internet website of the county for each taxing unit all or part of the territory of which is located in the county: (1) the worksheets used by the designated officer or employee of each taxing unit to calculate the no -new -taxes and rollback tax rates of the unit for the most recent five tax years beginning with the 2018 tax year, as certified by the county assessor -collector under Section 26.04(d-1); and (2) the name and official contact information for each member of the governing body of the taxing unit. (d-2) Not later than August 1, the county assessor -collector shall post on the website the worksheets described by Subsection (d-1)(1) for the current tax year. SECTION 37. Sections 31.12(a) and (b), Tax Code, are http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 25 of 38 amended to read as follows: (a) If a refund of a tax provided by Section 11.431(b), 26.08(d-2) 26.15 (f) , 31.11, or 31.111 is paid on or before the 60th day after the date the liability for the refund arises, no interest is due on the amount refunded. If not paid on or before that 60th day, the amount of the tax to be refunded accrues interest at a rate of one percent for each month or part of a month that the refund is unpaid, beginning with the date on which the liability for the refund arises. (b) For purposes of this section, liability for a refund arises: (1) if the refund is required by Section 11.431(b), on the date the chief appraiser notifies the collector for the unit of the approval of the late homestead exemption; (2) if the refund is required by Section 26.08(d-2) on the date the results of the election to reduce the tax rate are certified; (3) if the refund is required by Section 26.15(f): (A) for a correction to the tax roll made under Section 26.15(b), on the date the change in the tax roll is certified to the assessor for the taxing unit under Section 25.25; or (B) for a correction to the tax roll made under Section 26.15(c), on the date the change in the tax roll is ordered by the governing body of the taxing unit; (4) if the refund is required by Section 31.11, on the date the auditor for the taxing unit determines that the payment was erroneous or excessive or, if the amount of the refund exceeds the applicable amount specified by Section 31.11(a), on the date the governing body of the unit approves the refund; or (5) if the refund is required by Section 31.111, on the date the collector for the taxing unit determines that the payment was erroneous. SECTION 38. Section 33.08(b), Tax Code, is amended to read as follows: (b) The governing body of the taxing unit or appraisal district, in the manner required by law for official action, may provide that taxes that become delinquent on or after June 1 under Section 26.08(d-1) 26.15(e), 31.03, 31.031, 31.032, 31.04, or 42.42 incur an additional penalty to defray costs of collection. The amount of the penalty may not exceed the amount of the compensation specified in the applicable contract with an attorney under Section 6.30 to be paid in connection with the collection of the delinquent taxes. SECTION 39. Section 41.03(a), Tax Code, is amended to read as follows: (a) A taxing unit is entitled to challenge before the appraisal review board: (1) [the ievei of appraisalo Of ally CMteyory [{2}] an exclusion of property from the appraisal records; [f3-)-] a grant in whole or in part of a partial exemption; [-Htl a determination that land qualifies for appraisal as provided by Subchapter C, D, E, or H, Chapter 23; or [+S}] failure to identify the taxing unit as one in which a particular property is taxable. SECTION 40. Section 41.11(a), Tax Code, is amended to read as follows: http://www.legis.state.tx.us/tiodoes/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 26 of 38 (a) Not later than the date the appraisal review board approves the appraisal records as provided by Section 41.12, the secretary of the board shall deliver written notice to a property owner of any change in the records that is ordered by the board as provided by this subchapter and that will result in an increase in the tax liability of the property owner. An owner who receives a notice as provided by this section shall be entitled to protest such action as provided by Section 41.44(a)(2) [ ] SECTION 41. Section 41.12(a), Tax Code, is amended to read as follows: (a) By July 5 [-2-9], the appraisal review board shall: (1) hear and determine all or substantially all timely filed protests; (2) determine all timely filed challenges; (3) submit a list of its approved changes in the records to the chief appraiser; and (4) approve the records. SECTION 42. Sections 41.44(a), (c), and (d), Tax Code, are amended to read as follows: (a) Except as provided by Subsections (b), [(b 1)] (c), (c-1), and (c-2), to be entitled to a hearing and determination of a protest, the property owner initiating the protest must file a written notice of the protest with the appraisal review board having authority to hear the matter protested: (1) not later than the later of: [before] May 15; [-Ir] or [not ±ater than] the 30th day after the date that notice to the property owner was delivered to the property owner as provided by Section 25.19[, if the property is--& Seci,., 11.±3' Whichever ralnter] ; (2 ) [before 6ane ± or not ± +t the date b7 Section 25.+9 in conneetion tvith any other proper�y, whichever [-e3}] in the case of a protest of a change in the appraisal records ordered as provided by Subchapter A of this chapter or by Chapter 25, not later than the 30th day after the date notice of the change is delivered to the property owner; (3) [-H+l in the case of a determination that a change in the use of land appraised under Subchapter C, D, E, or H, Chapter 23, has occurred, not later than the 30th day after the date the notice of the determination is delivered to the property owner; or [-{5+1 in the case of a determination of eligibility for a refund under Section 23.1243, not later than the 30th day after the date the notice of the determination is delivered to the property owner. (c) A property owner who files notice of a protest authorized by Section 41.411 is entitled to a hearing and determination of the protest if the property owner files the notice prior to the date the taxes on the property to which the notice applies become delinquent. An owner of land who files a notice of protest under Subsection (a)(3) [{n}(4)] is entitled to a hearing and determination of the protest without regard to whether the appraisal records are approved. (d) A notice of protest is sufficient if it identifies the protesting property owner, including a person claiming an ownership interest in the property even if that person is not listed on the appraisal records as an owner of the property, identifies the property that is the subject of the protest, and indicates apparent dissatisfaction with some determination of the appraisal office. http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 27 of 38 The notice need not be on an official form, but the comptroller shall prescribe a form that provides for more detail about the nature of the protest. The form must permit a property owner to include each property in the appraisal district that is the subject of a protest. The form must permit a property owner to request that the protest be heard by a special panel established under Section 6.425 if the protest will be determined by an appraisal review board to which that section applies and the property is included in a classification described by that section. The comptroller, each appraisal office, and each appraisal review board shall make the forms readily available and deliver one to a property owner on request. SECTION 43. Section 41.45, Tax Code, is amended by amending Subsection (d) and adding Subsections (d-1), (d-2), and (d-3) to read as follows: (d) This subsection does not apply to a special panel established under Section 6.425. An appraisal review board consisting of more than three members may sit in panels of not fewer than three members to conduct protest hearings. HfOwever' t board.) If the recommendation of a panel is not accepted by the board, the board may refer the matter for rehearing to a panel composed of members who did not hear the original hearing or, if there are not at least three members who did not hear the original protest, the board may determine the protest. [Before snbehapter—.] (d-1) An appraisal review board to which Section 6.425 applies shall sit in special panels established under that section to conduct protest hearings. A special panel may conduct a protest hearing relating to property only if the property is included in the classification for which the panel was established and the property owner has requested that the panel conduct the hearing. The board may rehear a protest heard by a special panel if the board elects not to accept the recommendation of the panel. (d-2) The determination of a protest heard by a panel under Subsection (d) or (d-1) must be made by the board. (d-3) The board must deliver notice of a hearing or meeting to determine a protest heard by a panel, or to rehear a protest, under Subsection (d) or (d-1) in accordance with the provisions of this subchapter. SECTION 44. Section 41.66, Tax Code, is amended by amending Subsection (k) and adding Subsection (k-1) to read as follows: (k) This subsection does not apply to a special panel established under Section 6.425. If an appraisal review board sits in panels to conduct protest hearings, protests shall be randomly assigned to panels, except that the board may consider the type of property subject to the protest or the ground of the protest for the purpose of using the expertise of a particular panel in hearing protests regarding particular types of property or based on particular grounds. If a protest is scheduled to be heard by a particular panel, the protest may not be reassigned to another panel without the consent of the property owner or designated agent. If the appraisal review board has cause to reassign a protest to another panel, a property owner or designated agent may agree to reassignment of the protest or may request that the hearing on the protest be postponed. The board shall postpone the hearing on that request. A change of members of a panel because of a conflict of interest, illness, or inability to continue http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 28 of 38 participating in hearings for the remainder of the day does not constitute reassignment of a protest to another panel. (k-1) On the request of a property owner, an appraisal review board to which Section 6.425 applies shall assign a protest relating to property included in a classification described by that section to the special panel established to conduct protest hearings relating to property included in that classification. If the board has established more than one special panel to conduct protest hearings relating to property included in a particular classification, protests relating to property included in that classification shall be randomly assigned to those special panels. If a protest is scheduled to be heard by a particular special panel, the protest may not be reassigned to another special panel without the consent of the property owner or designated agent. If the board has cause to reassign a protest to another special panel, a property owner or designated agent may agree to reassignment of the protest or may request that the hearing on the protest be postponed. The board shall postpone the hearing on that request. A change of members of a special panel because of a conflict of interest, illness, or inability to continue participating in hearings for the remainder of the day does not constitute reassignment of a protest to another special panel. SECTION 45. Section 41.71, Tax Code, is amended to read as follows: Sec. 41.71. EVENING AND WEEKEND HEARINGS. (a) An appraisal review board by rule shall provide for hearings on protests [' ] on a Saturday or after 5 p.m. on a weekday [gyp]. (b) The board may not schedule: (1) the first hearing on a protest held on a weekday evening to begin after 7 p.m.; or (2) a hearing on a protest on a Sunday. SECTION 46. Section 41A.01, Tax Code, is amended to read as follows: Sec. 41A.01. RIGHT OF APPEAL BY PROPERTY OWNER. As an alternative to filing an appeal under Section 42.01, a property owner is entitled to appeal through binding arbitration under this chapter an appraisal review board order determining a protest filed under Section 41.41(a)(1) or (2) concerning the appraised or market value of property if: (1) the property qualifies as the owner's residence homestead under Section 11.13; or (2) the appraised or market value, as applicable, of the property as determined by the order is $5 [$-a] million or less. SECTION 47. Section 41A.03(a), Tax Code, is amended to read as follows: (a) To appeal an appraisal review board order under this chapter, a property owner must file with the appraisal district not later than the 45th day after the date the property owner receives notice of the order: (1) a completed request for binding arbitration under this chapter in the form prescribed by Section 41A.04; and (2) an arbitration deposit made payable to the comptroller in the amount of: (A) $450, if the property qualifies as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is $500,000 or less, as determined by the order; (B) $500, if the property qualifies as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than http://www.legis.state.tx.us/tlodoes/85R/bilitext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 29 of 38 $500,000, as determined by the order; (C) $500, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is $1 million or less, as determined by the order; (D) $800, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $1 million but not more than $2 million, as determined by the order; [,0'r] (E) $1,050, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $2 million but not more than $3 million, as determined by the order; or (F) $1,250, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $3 million but not more than $5 million, as determined by the order. SECTION 48. Section 41A.06(b), Tax Code, is amended to read as follows: (b) To initially qualify to serve as an arbitrator under this chapter, a person must: (1) meet the following requirements, as applicable: (A) be licensed as an attorney in this state; or (B) have: (i) completed at least 30 hours of training in arbitration and alternative dispute resolution procedures from a university, college, or legal or real estate trade association; and (ii) been licensed or certified continuously during the five years preceding the date the person agrees to serve as an arbitrator as: (a) a real estate broker or sales agent [ ] under Chapter 1101, Occupations Code; (b) a real estate appraiser under Chapter 1103, Occupations Code; or (c) a certified public accountant under Chapter 901, Occupations Code; and (2) agree to conduct an arbitration for a fee that is not more than: (A) $400, if the property qualifies as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is $500,000 or less, as determined by the order; (B) $450, if the property qualifies as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $500,000, as determined by the order; (C) $450, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is $1 million or less, as determined by the order; (D) $750, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $1 million but not more than $2 million, as determined by the order; [,0'r] (E) $1,000, if the property does not qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 30 of 38 than $2 million but not more than $3 million, as determined by the order; or (F) $1,200, if the property does not Qualify as the owner's residence homestead under Section 11.13 and the appraised or market value, as applicable, of the property is more than $3 million but not more than $5 million, as determined by the order. SECTION 49. Section 45.105(e), Education Code, is amended to read as follows: (e) The governing body of an independent school district that governs a junior college district under Subchapter B, Chapter 130, in a county with a population of more than two million may dedicate a specific percentage of the local tax levy to the use of the junior college district for facilities and equipment or for the maintenance and operating expenses of the junior college district. To be effective, the dedication must be made by the governing body on or before the date on which the governing body adopts its tax rate for a year. The amount of local tax funds derived from the percentage of the local tax levy dedicated to a junior college district from a tax levy may not exceed the amount that would be levied by five percent of the no -new -taxes [effect ue] tax rate for the tax year calculated as provided by Section 26.04, Tax Code, on all property taxable by the school district. All real property purchased with these funds is the property of the school district, but is subject to the exclusive control of the governing body of the junior college district for as long as the junior college district uses the property for educational purposes. SECTION 50. Section 130.016(b), Education Code, is amended to read as follows: (b) If the board of trustees of an independent school district that divests itself of the management, control, and operation of a junior college district under this section or under Section 130.017 [of this ___'_] was authorized by [Subsection (e) rrf] Section 45.105(e) or under former Section 20.48(e) [28.48 of this to dedicate a portion of its tax levy to the junior college district before the divestment, the junior college district may levy an ad valorem tax from and after the divestment. In the first two years in which the junior college district levies an ad valorem tax, the tax rate adopted by the governing body may not exceed the rate that, if applied to the total taxable value submitted to the governing body under Section 26.04, Tax Code, would impose an amount equal to the amount of taxes of the school district dedicated to the junior college under [^_'-___�___ _f] Section 45.105(e) or former Section 20.48(e) [26.8— of this code] in the last dedication before the divestment. In subsequent years, the tax rate of the junior college district is subject to Section 26.08 [26.6:71, Tax Code. SECTION 51. Section 403.302(o), Government Code, is amended to read as follows: (o) The comptroller shall adopt rules governing the conduct of the study after consultation with the comptroller's property tax administration advisory board [ Advisory l SECTION 52. Sections 281.124(d) and (e), Health and Safety Code, are amended to read as follows: (d) If a majority of the votes cast in the election favor the proposition, the tax rate for the specified tax year is the rate approved by the voters, and that rate is not subject to [- _;k elect__ _] Section 26.08 Tax Code. The board shall adopt the tax rate as provided by Chapter 26, Tax Code. (e) If the proposition is not approved as provided by http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 31 of 38 Subsection (c), the board may not adopt a tax rate for the district for the specified tax year that exceeds the rate that was not approved, and Section 26.08 [26-.8�], Tax Code, applies to the adopted rate if that rate exceeds the district's rollback tax rate. SECTION 53. Section 102.007(d), Local Government Code, is amended to read as follows: (d) An adopted budget must contain a cover page that includes: (1) one of the following statements in 18 -point or larger type that accurately describes the adopted budget: (A) "This budget will raise more revenue from property taxes than last year's budget by an amount of (insert total dollar amount of increase), which is a (insert percentage increase) percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (B) "This budget will raise less revenue from property taxes than last year's budget by an amount of (insert total dollar amount of decrease), which is a (insert percentage decrease) percent decrease from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; or (C) "This budget will raise the same amount of revenue from property taxes as last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (2) the record vote of each member of the governing body by name voting on the adoption of the budget; (3) the municipal property tax rates for the preceding fiscal year, and each municipal property tax rate that has been adopted or calculated for the current fiscal year, including: (A) the property tax rate; (B) the no -new -taxes [effective] tax rate; (C) the no -new -taxes [] maintenance and operations tax rate; (D) the rollback tax rate; and (E) the debt rate; and (4) the total amount of municipal debt obligations. SECTION 54. Section 111.008(d), Local Government Code, is amended to read as follows: (d) An adopted budget must contain a cover page that includes: (1) one of the following statements in 18 -point or larger type that accurately describes the adopted budget: (A) "This budget will raise more revenue from property taxes than last year's budget by an amount of (insert total dollar amount of increase), which is a (insert percentage increase) percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (B) "This budget will raise less revenue from property taxes than last year's budget by an amount of (insert total dollar amount of decrease), which is a (insert percentage decrease) percent decrease from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; or http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 32 of 38 (C) "This budget will raise the same amount of revenue from property taxes as last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (2) the record vote of each member of the commissioners court by name voting on the adoption of the budget; (3) the county property tax rates for the preceding fiscal year, and each county property tax rate that has been adopted or calculated for the current fiscal year, including: (A) the property tax rate; (B) the no -new -taxes [] tax rate; (C) the no -new -taxes [_ter] maintenance and operations tax rate; (D) the rollback tax rate; and (E) the debt rate; and (4) the total amount of county debt obligations. SECTION 55. Section 111.039(d), Local Government Code, is amended to read as follows: (d) An adopted budget must contain a cover page that includes: (1) one of the following statements in 18 -point or larger type that accurately describes the adopted budget: (A) "This budget will raise more revenue from property taxes than last year's budget by an amount of (insert total dollar amount of increase), which is a (insert percentage increase) percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (B) "This budget will raise less revenue from property taxes than last year's budget by an amount of (insert total dollar amount of decrease), which is a (insert percentage decrease) percent decrease from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; or (C) "This budget will raise the same amount of revenue from property taxes as last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (2) the record vote of each member of the commissioners court by name voting on the adoption of the budget; (3) the county property tax rates for the preceding fiscal year, and each county property tax rate that has been adopted or calculated for the current fiscal year, including: (A) the property tax rate; (B) the no -new -taxes [mac] tax rate; (C) the no -new -taxes [*e] maintenance and operations tax rate; (D) the rollback tax rate; and (E) the debt rate; and (4) the total amount of county debt obligations. SECTION 56. Section 111.068(c), Local Government Code, is amended to read as follows: (c) An adopted budget must contain a cover page that includes: (1) one of the following statements in 18 -point or larger type that accurately describes the adopted budget: (A) "This budget will raise more revenue from http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 33 of 38 property taxes than last year's budget by an amount of (insert total dollar amount of increase), which is a (insert percentage increase) percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (B) "This budget will raise less revenue from property taxes than last year's budget by an amount of (insert total dollar amount of decrease), which is a (insert percentage decrease) percent decrease from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; or (C) "This budget will raise the same amount of revenue from property taxes as last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is (insert amount computed by multiplying the proposed tax rate by the value of new property added to the roll)."; (2) the record vote of each member of the commissioners court by name voting on the adoption of the budget; (3) the county property tax rates for the preceding fiscal year, and each county property tax rate that has been adopted or calculated for the current fiscal year, including: (A) the property tax rate; (B) the no -new -taxes [+*`] tax rate; (C) the no -new -taxes [r*r] maintenance and operations tax rate; (D) the rollback tax rate; and (E) the debt rate; and (4) the total amount of county debt obligations. SECTION 57. Section 1101.254(f), Special District Local Laws Code, is amended to read as follows: (f) This section does not affect the applicability of [rrrfy rights district uoters may have to petition for an eieetim l Section 26.08 [26.83], Tax Code, to the district's tax rate, except that if district voters approve a tax rate increase under this section, [ l Section 26.08 [26.81, Tax Code, does not apply [rs] to the tax rate for that year. SECTION 58. Sections 1122.2522, 3828.157, and 8876.152, Special District Local Laws Code, are amended to read as follows: Sec. 1122.2522. ROLLBACK TAX RATE PROVISIONS APPLICABLE. [}] If in any year the board adopts a tax rate that exceeds the rollback tax rate calculated as provided by Chapter 26, Tax Code, [ ] an election under Section 26.08 of that code must be held to determine whether or not to approve [rednce] the tax rate adopted by the board for that year [to the rvilhaek i r,xra�] . To the extent et eonflicic exists between thin necti,prevaiis.] Sec. 3828.157. INAPPLICABILITY OF CERTAIN TAX CODE PROVISIONS. Sections 26.04, 26.05, and 26.08 Tax Code, do not apply to a tax imposed under Section 3828.153 or 3828.156. Sec. 8876.152. APPLICABILITY OF CERTAIN TAX PROVISIONS. (a) Sections 26.04, 26.05, 26.06, 26.061, and 26.08 [26..6], Tax Code, do not apply to a tax imposed by the district. (b) Sections 49.236(a) (1) and (2) and (b) [S__1-___ 49.236], Water Code, apply [ , Acts of tile 38th Reqcjar session, 2889, ] to the district. SECTION 59. Section 49.107(g), Water Code, is amended to http://www.legis.state.tx.us/tlodocs/85R/bilitext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 34 of 38 read as follows: (g) Sections 26.04, 26.05, 26.061, and 26.08 [26-87], Tax Code, do not apply to a tax levied and collected under this section or an ad valorem tax levied and collected for the payment of the interest on and principal of bonds issued by a district. SECTION 60. Section 49.108(f), Water Code, is amended to read as follows: (f) Sections 26.04, 26.05, 26.061, and 26.08 [26.8:71, Tax Code, do not apply to a tax levied and collected for payments made under a contract approved in accordance with this section. SECTION 61. Section 49.236, Water Code, as added by Chapter 335 (S.B. 392), Acts of the 78th Legislature, Regular Session, 2003, is amended by amending Subsections (a) and (d) and adding Subsections (e), (f), (g), (h), (i), (j), (k), and (1) to read as follows: (a) Before the board adopts an ad valorem tax rate for the district for debt service, operation and maintenance purposes, or contract purposes, the board shall give notice of each meeting of the board at which the adoption of a tax rate will be considered. The notice must: (1) contain a statement in substantially the following form: "NOTICE OF PUBLIC HEARING ON TAX RATE "The (name of the district) will hold a public hearing on a proposed tax rate for the tax year (year of tax levy) on (date and time) at (meeting place). Your individual taxes may increase or decrease, depending on the change in the taxable value of your property in relation to the change in taxable value of all other property and the tax rate that is adopted. "(Names of all board members and, if a vote was taken, an indication of how each voted on the proposed tax rate and an indication of any absences.)"; (2) contain the following information: (A) the district's total adopted tax rate for the preceding year and the proposed tax rate, expressed as an amount per $100; (B) the difference, expressed as an amount per $100 and as a percent increase or decrease, as applicable, in the proposed tax rate compared to the adopted tax rate for the preceding year; (C) the average appraised value of a residence homestead in the district in the preceding year and in the current year; the district's total homestead exemption, other than an exemption available only to disabled persons or persons 65 years of age or older, applicable to that appraised value in each of those years; and the average taxable value of a residence homestead in the district in each of those years, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; (D) the amount of tax that would have been imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older; (E) the amount of tax that would be imposed by the district in the current year on a residence homestead appraised at the average appraised value of a residence homestead in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, if the proposed tax rate is adopted; [n rd] h4://www.legis. state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 35 of 38 (F) the difference between the amounts of tax calculated under Paragraphs (D) and (E), expressed in dollars and cents and described as the annual percentage increase or decrease, as applicable, in the tax to be imposed by the district on the average residence homestead in the district in the current year if the proposed tax rate is adopted; and (G) if the proposed combined debt service, operation and maintenance, and contract tax rate requires or authorizes an election in the district to ratify the tax rate, a description of the purpose of the proposed tax increase; and (3) contain a statement in substantially the following form, as applicable: (A) if there are not any new improvements in the district in the current tax year: "NOTICE OF VOTE ON TAX RATE [Til�iEFRs - Ri9___ TE) ___ ________ __- _ _ _ _ _ ] "If taxes on the average residence homestead increase by more than five [eight] percent, [the qualified voters of the ei+striet b.-,YP that] an election must be held to determine whether to ratify [r eelc=e] the [ ] tax rate [to the—iib$ek taxrate]under Section 49.236(d), Water Code."L or (B) if there are any new improvements in the district in the current tax year: "NOTICE OF TAXPAYERS' RIGHT TO ROLLBACK ELECTION "If taxes on the average residence homestead increase by more than five percent, the qualified voters of the district by petition may require that an election be held to determine whether to ratify the tax rate under Section 49.236(e), Water Code." (d) This subsection applies to a district only if there are not any new improvements in the district in the current tax year. If the board [ ] of the [a] district adopts a combined debt service, operation and maintenance, and contract tax rate that would impose more than 1.05 [1.88] times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, [ rerIrir e that] an election must be held to determine whether [cr n�)t] to ratify [tee] the tax rate adopted for the current year [to the rol±ba-tax —rate] in accordance with the procedures provided by Sections 26.08(b) -(d-2) [ ], Tax Code. (e) This subsection and Subsections (f) -(i) apply to a district only if there are any new improvements in the district in the current tax year. If the board of the district adopts a combined debt service, operation and maintenance, and contract tax rate that would impose more than 1.05 times the amount of tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older, the qualified voters of the district by petition may require that an election be held to determine whether to ratify the tax rate adopted for the current year in accordance with the procedures provided by Subsections (f) -(i) of this section and Section 26.081, Tax Code. (f) A petition is valid only if: (1) it states that it is intended to require an election in the district on the question of ratifying the tax rate adopted for the current year; (2) it is signed by a number of registered voters of http://www.legis.state.tx.us/tlodocs/85R/billtext/htmi/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 36 of 38 the district equal to at least: (A) seven percent of the number of registered voters of the district according to the most recent official list of registered voters if the tax rate adopted for the current tax year would impose taxes for operation and maintenance in an amount of at least $5 million; or (B) 10 percent of the number of registered voters of the district according to the most recent official list of registered voters if the tax rate adopted for the current tax year would impose taxes for operation and maintenance in an amount of less than $5 million; and (3) it is submitted to the board on or before the 90th day after the date on which the board adopted the tax rate for the current year. (g) Not later than the 20th day after the day a petition is submitted, the board shall determine whether or not the petition is valid and pass a resolution stating its finding. If the board fails to act within the time allowed, the petition is treated as if it had been found valid. (h) If the board finds that the petition is valid (or fails to act within the time allowed), it shall order that an election be held in the district on a date not less than 30 or more than 90 days after the last day on which it could have acted to approve or disapprove the petition A state law requiring local elections to be held on a specified date does not apply to the election unless a specified date falls within the time permitted by this section. At the election, the ballots shall be prepared to permit voting for or against the proposition: "Approving the ad valorem tax rate of $ per $100 valuation in (name of district) for the current year, a rate that is $ higher per $100 valuation than the district's rollback tax rate, for the purpose of (description of purpose of increase)." The ballot proposition must include the adopted tax rate and the difference between that rate and the rollback tax rate in the appropriate places. (i) Sections 26.08(c), (d), (d-1), and (d-2), Tax Code, apply to an election under Subsection (e) of this section in the same manner as those subsections apply to an election under Section 26.08, Tax Code. (1) For purposes of an election under Subsection (d) or (e), as applicable [ ], the rollback tax rate of a district is the sum of the following tax rates: (1) the current year's debt service tax rate; (2) the current year's [a7 ] contract tax rate; and [tea] the operation and maintenance tax rate that would impose 1.05 [1.88] times the amount of the operation and maintenance tax imposed by the district in the preceding year on a residence homestead appraised at the average appraised value of a residence homestead in the district in that year, disregarding any homestead exemption available only to disabled persons or persons 65 years of age or older. (k) Notwithstanding any other provision of this section, the board may substitute "eight percent" for "five percent" in Subsection (a) and "1.08" for "1.05" in Subsection (d) or (e), as applicable, and Subsection (1) if any part of the district is located in an area declared a disaster area during the current tax year by the governor or by the president of the United States. (1) In this section, "improvement" has the meaning assigned by Section 1.04, Tax Code. SECTION 62. The following provisions are repealed: (1) Sections 403.302(m-1) and (n), Government Code; http://www.legis.state.tx.us/tlodocs/85R[bilitext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 37 of 38 (2) Section 140.010, Local Government Code; (3) Section 1063.255, Special District Local Laws Code; (4) Section 26.07, Tax Code; (5) Section 41.44(b-1), Tax Code; (6) Section 49.236, Water Code, as added by Chapter 248 (H.B. 1541), Acts of the 78th Legislature, Regular Session, 2003; and (7) Section 49.2361, Water Code. SECTION 63. The changes in law made by this Act relating to the ad valorem tax rate of a taxing unit apply beginning with the 2018 tax year. SECTION 64. Sections 5.05, 5.102, 5.13, and 23.01, Tax Code, as amended by this Act, apply only to the appraisal of property for ad valorem tax purposes for a tax year beginning on or after January 1, 2018. SECTION 65. Section 6.41(d-9), Tax Code, as amended by this Act, and Section 6.41(d-10), Tax Code, as added by this Act, apply only to the appointment of appraisal review board members to terms beginning on or after January 1, 2019. SECTION 66. Section 6.42(d), Tax Code, as added by this Act, applies only to a recommendation, determination, decision, or other action by an appraisal review board or a panel of such a board on or after January 1, 2018. A recommendation, determination, decision, or other action by an appraisal review board or a panel of such a board before January 1, 2018, is governed by the law as it existed immediately before that date, and that law is continued in effect for that purpose. SECTION 67. Sections 11.4391(a), 21.09(b), and 22.23, Tax Code, as amended by this Act, apply only to ad valorem taxes imposed for a tax year beginning on or after January 1, 2018. SECTION 68. Section 25.19(b-3), Tax Code, as added by this Act, applies only to a notice of appraised value for a tax year beginning on or after January 1, 2019. A notice of appraised value for a tax year beginning before January 1, 2019, is governed by the law in effect immediately before that date, and that law is continued in effect for that purpose. SECTION 69. Not later than October 1, 2017: (1) the designated officer or employee of each taxing unit shall submit to the county assessor -collector for each county in which all or part of the territory of the taxing unit is located the worksheets used by the designated officer or employee to calculate the effective and rollback tax rates of the unit for the 2013-2017 tax years; and (2) the county assessor -collector for each county shall post the worksheets submitted to the county assessor -collector under Subdivision (1) of this section on the Internet website of the county. SECTION 70. Section 41.03(a), Tax Code, as amended by this Act, applies only to a challenge under Chapter 41, Tax Code, for which a challenge petition is filed on or after January 1, 2018. A challenge under Chapter 41, Tax Code, for which a challenge petition was filed before January 1, 2018, is governed by the law in effect on the date the challenge petition was filed, and the former law is continued in effect for that purpose. SECTION 71. Sections 41.45 and 41.66, Tax Code, as amended by this Act, apply only to a protest filed under Chapter 41, Tax Code, on or after January 1, 2019. A protest filed under that chapter before January 1, 2019, is governed by the law in effect on the date the protest was filed, and the former law is continued in effect for that purpose. http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00002E.htm 3/24/2017 85(R) SB 2 - Engrossed version - Bill Text Page 38 of 38 SECTION 72. Section 41.71, Tax Code, as amended by this Act, applies only to a hearing on a protest under Chapter 41, Tax Code, that is scheduled on or after January 1, 2018. A hearing on a protest under Chapter 41, Tax Code, that is scheduled before January 1, 2018, is governed by the law in effect on the date the hearing was scheduled, and that law is continued in effect for that purpose. SECTION 73. Sections 41A.01, 41A.03, and 41A.06, Tax Code, as amended by this Act, apply only to a request for binding arbitration under Chapter 41A, Tax Code, that is filed on or after January 1, 2018. A request for binding arbitration under Chapter 41A, Tax Code, that is filed before January 1, 2018, is governed by the law in effect on the date the request is filed, and the former law is continued in effect for that purpose. SECTION 74. (a) Except as provided by Subsections (b) and (c) of this section, this Act takes effect January 1, 2018. (b) Section 69 of this Act takes effect September 1, 2017. (c) The following provisions take effect September 1, 2018: (1) Sections 6.41(b) and (d-9), Tax Code, as amended by this Act; (2) Sections 6.41(b-1), (b-2), and (d-10), Tax Code, as added by this Act; (3) Section 6.414(d), Tax Code, as amended by this Act; Act; Act; (4) Section 6.425, Tax Code, as added by this Act; (5) Section 25.19(b-3), Tax Code, as added by this (6) Section 41.44(d), Tax Code, as amended by this (7) Section 41.45(d), Tax Code, as amended by this Act; (8) Sections 41.45(d-1), (d-2), and (d-3), Tax Code, as added by this Act; (9) Section 41.66(k), Tax Code, as amended by this Act; and (10) Section 41.66(k-1), Tax Code, as added by this Act. http://www.legis.state.tx.us/tiodocs/85R/billtext/html/SB00002E.htm 3/24/2017 RESOLUTION NO. WHEREAS, Senate Bill 2 is a revenue cap bill that would reduce the "roll back rate" from eight percent to five percent and provide for, among other things, a mandatory election on any increase over five percent; and, WHEREAS, placing undue burdens on the ability of local entities to raise needed tax revenue impedes the ability of cities to meet local needs; and, WHEREAS, the City Council is of the opinion that it is in the best interest of the citizens of the City of Beaumont to oppose Senate Bill 2 or any similar legislation that would weaken the City's ability to raise sufficient revenue in order to sufficiently provide for the needs of its residents; 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 opposes Senate Bill 2 or any legislation that would weaken the City's ability to raise sufficient revenue in order to sufficiently provide for the needs of its residents. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - F �w �FAT1.�.L*L� TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a resolution accepting a Quitclaim Deed from the Texas Department of Transportation for a portion of US 90. BACKGROUND On September 4, 2012, City Council approved Resolution No. 12-194 accepting the control, jurisdiction and maintenance of a portion of US 90 from the Texas Department of Transportation starting at IH 10 at College and going East to Orleans Street, then North on Orleans Street and Pearl Street to North Street, including the one way pairs of Willow, Park and Wall Streets. The Texas Department of Transportation has executed a Quitclaim Deed by Texas Governor, Greg Abbott, re -designating all interest and control of a portion of US 90 as described as being a distance of approximately 4.11 miles from I-10 from College Street to the Neches River Bridge. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on September 4, 2012, City Council approved Resolution No. 12- 194 accepting the control, jurisdiction and maintenance of a portion of US 90 from the Texas Department of Transportation starting at IH 10 at College and going East to Orleans Street, then North on Orleans Street and Pearl Street to North Street, including the one way pairs of Willow, Park and Wall Streets; and, WHEREAS, the Texas Department of Transportation has executed a Quitclaim Deed by Texas Governor Greg Abbott re -designating all interest and control of the portion of US 90 as described as being a distance of approximately 4.11 miles from 1-10 from College Street to the Neches River Bridge; and, WHEREAS, the City Council for the City of Beaumont is empowered with all authority, rights and responsibilities for the management of the City, including, but not limited to, the authority to accept or reject the transfer of property to the City; and, WHEREAS, the City Council finds it is in the public interest to accept the conveyance of the property in question and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council does hereby accept the Quitclaim Deed of the property in question by the Texas Department of Transportation in substantially the form attached hereto as Exhibit "A" and cause the same to be filed in the Jefferson County Deed Records. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - QUITCLAIM DEED STATE OF TEXAS COUNTY OF JEFFERSON US 90 RCSJ 0028-07-055 Tract 1 In Beaumont, JEFFERSON COUNTY, on US 90, the state of Texas used certain land for highway purposes. The land (Tract 1), RCSJ 0028-07-055, as shown on Exhibit A, is no longer needed for a state highway purpose In accordance with Texas Transportation Code, §202.02I, the Texas Transportation Commission (commission) may recommend the quitclaim of any interest that might have accrued to the state by use of the property to the county or municipality where the property is located. The Texas Transportation Commission at its meeting on December 15, 2016, as shown by the official minutes of the Texas Transportation Commission, passed Minute Order 114802 recommending, subject to approval by the Attorney General, that the Governor of Texas execute a proper instrument quitclaiming to the CITY OF BEAUMONT, TEXAS hereinafter referred to as Grantee, whether one or more, the State's interest in Tract 1 in consideration of the foregoing premises as authorized by V.T.C.A., Transportation Code, Chapter 202, Subchapter B; NOW, THEREFORE, I, GREG ABBOTT, GOVERNOR OF THE STATE OF TEXAS, by virtue of the power vested in me by law and in accordance with the laws of the State of Texas, for and in consideration of the foregoing premises, and other good and valuable consideration, the receipt of which is hereby acknowledged, have RELEASED, REMISED, and QUITCLAIMED and do by these presents RELEASE, REMISE, and QUITCLAIM to the CITY OF BEAUMONT, TEXAS the State's interest in that certain tract or parcel of land situated in Jefferson County, Texas, which is more particularly described in Exhibit A. Anything herein to the contrary notwithstanding, this quitclaim is made subject to the rights of any and all existing public utilities or common carriers in accordance with V,T.C.A., Transportation Code, Chapter 202, Subchapter B, Section 202.029. Any required adjustment will be at no cost to Grantor. In addition, this quitclaim is subject to all matters of public record and to all easements, leases, agreements, or licenses, or other interests which affect the property, and to any matter which would be disclosed by title examination, survey, investigation, or inquiry, including but not limited to the rights of parties in possession. THIS QUITCLAIM OF THE PROPERTY IS MADE ON AN "AS IS" BASIS, WITH ALL FAULTS AND WITH ANY AND ALL LATENT AND PATENT DEFECTS. BY ACCEPTANCE HEREOF, GRANTEE ACKNOWLEDGES THAT GRANTEE HAS NOT RELIED UPON ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMFLIED, BY GRANTOR OR BY ANY REPRESENTATIVE OF GRANTOR WITH RESPECT TO THE PROPERTY, AND THAT NEITHER GRANTOR NOR ANY REPRESENTATIVE OF GRANTOR HAS MADE ANY COVENANT, REPRESENTATION OR WARRANTY, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OF MERCHANTABILITY, MARKETABILITY, EXHIBIT "A" PHYSICAL CONDITION, PRESENCE OF HAZARDOUS MATERIALS, VALUATION, UTILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTEE HAS INSPECTED THE PROPERTY AND THE PHYSICAL AND TOPOGRAPHIC CONDITION OF THE PROPERTY AND ACCEPTS QUITCLAIM TO THE PROPERTY "AS IS" IN ITS EXISTING PHYSICAL AND TOPOGRAPHIC CONDITION AND THAT GRANTEE IS RELYING ON GRANTEE'S OWN EXAMINATION OF THE PROPERTY. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in any wise belonging unto said Grantee and Grantee's heirs, successors, andfor assigns forever, subject to the reservations and exceptions described herein. IN TESTIMONY WHEREOF, I have caused the Seal of the State to be affixed. Executed this the O 7�r day of �l`u�-�' , 2017: Attest: Rolando B. Pablos Secretary of State W- ' "', 4,� F!-�? �d 0" an ,Vw? /A 309- W—, o � �, 10 owe •' • me Al Recommended for Approval: Jaynes M. Bass Executive Director Approved: Ken Paxton Attorney General By: Garland Williams Assistant Attorney General NOTE TO COUNTY CLERK: PROPERTY CODE § 12.006 AUTHORIZES THE RECORDATION OF THIS INSTRUMENT WITHOUT ACKNOWLEDGMENT OR FURTHER PROOF OF THE SIGNATURE OF THE GOVERNOR. 2 Designate 90j 4 ti � i 7 7US 90 concurrent with Ili lo Remove portion of US go from the State ", pot. Rem 'o, of US Highway System Orange 90 1 �uel-St ILI, Y ,, �fi�``� -N N N C I� LT.[*1`.t� T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a resolution approving the necessary repairs of a Caterpiller Dozer used at the Landfill. ffTITl"31IURT11 Unit 5190 is a Caterpiller D8T Dozer that is used to cover refuse daily at the City's landfill in order to keep in compliance with the Texas Commission on Environmental Quality's (TCEQ) regulatory requirements. The repairs will include a complete undercarriage repair and/or replacement of rails, pads, rollers, sprockets, etc. This work is required due to wear and tear that is exceeding the original equipment manufacturer (OEM) specifications and tolerances required for this unit. The estimated cost is $56,364.00 but is subject to change after disassembly and inspection. Mustang Cat is the local authorized dealer to perform the repairs on Caterpiller equipment. FUNDING SOURCE Solid Waste Fund. RECOMMENDATION Approval of resolution. MUSTANG 12800 N.W. Freeway Houston, Texas 77040 (713) 460-7233 CUSTOMER: City Of Beaumont P.O Box 3827 Beaumont, TX, 77704 CONTACT: John Yarbrough ESTIMATE DOC#: CUSTOMER NUMBER: 0587550 ESTIMATE DATE: 3/14/2017 OUR WORK ORDER NUMBER: YOUR PO NUMBER: SALES REP: Casey Jorgensen MACHINE MODEL: D8T SERIAL NUMBER: MLN01923 HOUR METER: EQUIPMENT #: Quantity DESCRIPTION Parts LABOR MISC AMOUNT 1 Wash Machine & Inspection $1,400.00 $1,400.00 1 Remove & Install Undercarriage $5,980.00 $5,980.00 88 Install New Track Shoes $1,560.00 $1,560.00 2 New 44 Section Links, with 27.6" Extreme Service Shoes & HardwarE $25,719.00 $25,719.00 10 Sprocket Segments & Hardware $1,512.00 $1,512.00 4 New Idlers,with New Caps & Hardware $12,839.00 $12,839.00 16 DF Bottom Rollers, with New Caps & Hardware $9,659.00 $9,659.00 $0.00 Customer Loyalty Shop Work -$3,500.00 -$3,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 ESTIMATE IS SUBJECT TO DISASSEMBLY AND INSPECTION $ - $49,729,001 $8,940.00 -$3,500.00 Tax Exempt: Not Included is any Freight Charges Cl SUBTOTAL E&S SUBTOTAL TAXES TOTAL $ 55,169.00 $ 195.00 $ 55,364.00 $ 55.364.00 Questions concerning this estimate? Call: Casey Jorgensen Customer Acceptance: Cell: 254-434-8245 Please Fax Signed Approval Back to My Attention At: 713-690-6213 THANK YOU FOR YOUR BUSINESS! RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the repair of a Caterpillar D8T Dozer for use by the Solid Waste Operations Department by Mustang Cat, of Beaumont, Texas, in the estimated amount of $56,364.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - i!J RICH WITH OPPORTUNITY IIIEIAI[11�1[1 T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: James Singletary, Chief of Police MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute all documents necessary, specifically a Grant Contract between the Office of the Attorney General and the Beaumont Police Department. BACKGROUND The Internet Crimes Against Children (ICAC) Task Force was created to help State and Local Law enforcement agencies enhance their investigative response to offenders who use the internet, online communication systems, or other computer technology to sexually exploit children. The program is currently composed of regional Task Force agencies funded by the United States Office of Juvenile Justice and Delinquency Prevention. The Training and Technical Assistance Program was established to assist these agencies with training and technical assistance in support of their Internet Crimes Against Children initiatives. Approval of this Grant contract between the Office of the Attorney General and Beaumont Police Department will provide $10,000 of allowable funds to be allocated for training and operating expenses. FUNDING SOURCE Grant Funds administered from the Texas Attorney General's office with no City match. RECOMMENDATION Approval of the resolution. DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-5918lE525B10 RE: FYI ICAC Sub -recipient Grant Coversheet *** FOR OAG INTERNAL USE ONLY *** GCD contract number: 1774900 Grantee: Beaumont Police Department Amount: $10,000.00 Executed: Term: Feb. 1, 2016—May 31, 2017 Budget coding: ORG PCA Agy Obj 885 15600 7611 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Grant Contract with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Grant Contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 GRANT CONTRACT OAG Contract No. 1774900 This grant contract is executed between the Office of the Attorney General (OAG) and Beaumont Police Department (GRANTEE) for certain grant funds. The Office of the Attorney General and GRANTEE may be referred to in this contract individually as "Party" or collectively as "Parties." SECTION 1. PURPOSE OF THE CONTRACT The Internet Crimes Against Children (ICAC) Task Force Program, Office of Juvenile Justice and Delinquency Prevention, Office of Justice Programs (OJP), United States Department of Justice, seeks to maintain and expand State and regional ICAC task forces to combat technology - facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes against children. The program requires existing task forces to develop multi jurisdictional, multi - agency responses to such offenses by providing funding and other support to State and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. The purpose of this contract is to provide reasonable contractual controls to ensure that the public purposes of the grant are achieved. SECTION 2 TERM OF THE CONTRACT This contract shall begin on February 1, 2017 and shall terminate May 31, 2017, unless it is terminated earlier or extended in accordance with another provision of this contract. The OAG is not obligated to reimburse expenses that were incurred prior to the commencement or after the termination of this contract. SECTION 3 GRANTEE's CONTRACTUAL SERVICES 3.1 GRANTEE's Compliance with the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Cooperative Agreement for Award Number 2015 -MC -FX -K049. The GRANTEE will comply with the terms and conditions as set forth and required in the Cooperative Agreement between the OAG and the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Award Number 2015 -MC -FX -K049, (OAG Award Document), as well as the applicable provisions of the OAG ICAC Grant Application or OAG Award Document as supplemented, amended or adjusted. 3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions. The GRANTEE's budget is attached as Exhibit A. ICAC Sub -recipient Grant Contract Page I of 19 EXHIBIT "A" DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 The GRANTEE's Project Narrative is as follows: To support efforts to combat certain Internet Crimes Against Children (ICAC) or other direct operating expenses. The Special Conditions, including the OAG Award Document, are attached as Exhibit B. The OAG, at its sole discretion, will establish the final project targets, outputs, and outcomes. In addition, the OAG, at its sole discretion, may adjust GRANTEE's budget, targets, outputs, outcomes and/or any other items as deemed appropriate by the OAG, at any time, during the term of this contract. The OAG, at its sole discretion, may supplement, amend or adjust the Special Conditions attached to this contract. SECTION 4 REQUIRED REPORTS 4.1 General Matters 4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that it files each document or form required by the OAG in an accurate and timely manner. Unless filing dates are given herein, all other reports and other documents that GRANTEE is required to forward to the OAG shall be promptly forwarded. From time to time, the OAG may require additional information from GRANTEE. 4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information contained in the required reports, other information may be required as requested by the OAG. GRANTTEE will immediately notify the OAG in the event GRANTEE discovers that any previously submitted information was inaccurate and forward the correction information to the OAG. 4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant Contact. GRANTEE shall submit, within ten (10) business days, notice to the OAG of any change of the following: GRANTEE's name; contact information; key personnel, officer, director or partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE shall promptly notify the OAG, preferably in advance, of a change in address or main telephone number of GRANTEE. A change in GRANTEE's name requires an amendment to the contract. To change an Authorized Official, GRANTEE must submit a written request on GRANTEE's letterhead, with original signature. GRANTEE, by an email, fax or GRANTEE letterhead signed by the Authorized Official, may request a change to the Grant Contact. 4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its governing body shall bear full and sole responsibility for the integrity of the fiscal and ICAC Sub -recipient Grant Contract Page 2 of 19 DocuSign Envelope ID: C033B80E-5311-416D-A7F9-59181E525B10 programmatic management of the organization, including financial and programmatic policies and procedures. Such fiscal and programmatic management shall include accountability for all funds and materials received from the OAG; compliance with OAG rules, policies and procedures, and applicable federal and state laws and regulations; and correction of fiscal and program deficiencies identified through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract provisions or other requirements referenced in this contract shall not constitute a defense or basis for waiving or failing to comply with such provisions or requirements. GRANTEE shall develop, implement, and maintain appropriate financial management and control systems, which include budgets that adequately reflect all functions and resources necessary to carry out authorized activities and the adequate determination of costs; accurate and complete payroll, accounting, and financial reporting records; cost source documentation; effective internal and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of any findings and applicable annual financial statements. 4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure the confidentiality of records required to be kept confidential by applicable federal and state law, rules and regulations. This provision shall not be construed as limiting the OAG's access to such records and other information. 4.2 Programmatic Reports 4.2.1 ICAC Semi -Annual Statistical (Performance) Reports, including Outcome Measure Reports. GRANTEE will support the OAG in its progress reporting requirements, including the reporting requirements of outcome measures. The OAG is required to report, within 30 days after the end of the reporting periods, certain outcome measures. The semi-annual reporting periods end on the last day of June and December each year. The OAG will establish deadlines for the GRANTEE to meet its requirement to report to the OAG. Contents of Semi -Annual Statistical Reports. GRANTEE shall report data to the OAG on the following outcome measures: a. Number of CyberTipLine referrals received and investigated; b. Number of indictments obtained on CyberTipLine referrals; c. Number of convictions obtained on CyberTipLine referrals; d. Number of online solicitation of a minor (or its equivalent) arrests; e. Number of online solicitation of a minor (or its equivalent) indictments obtained; f. Number of online solicitation of a minor (or its equivalent) convictions obtained; g. Total number of ICAC -related arrests during reporting period; ICAC Sub -recipient Grant Contract Page 3 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 h. Number of partner agencies that sign memorandum certifying compliance with ICAC program guidelines; i. Number of investigative technical assistance sessions that ICAC task force provides to non-member law enforcement agencies; j. Number of computer forensic technical assistance examinations that ICAC task forces provide to non-member law enforcement agencies; k. Percent increase in arrests related to technology -facilitated child sexual exploitation and Internet Crimes Against Children; 1. Percent increase in computer forensic examinations completed by ICAC task forces; and m. Percent increase in investigative technical assistance sessions provided by ICAC task forces to non-member law enforcement agencies. 4.2.2 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance Measures. The OAG will establish the GRANTEE's monthly reporting deadlines. The Performance Measures shall contain, at a minimum, the following additional supporting data elements: a. Complaints; b. Case Information; c. Goals; d. Court Actions; e. Technical Assists; f. Training; and g. Community Outreach Presentations. 4.2.3 ICAC Annual Reports. GRANTEE will support the OAG in its reporting requirements of the following measures: a. Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. b. Investigation and prosecution performance measures of the task force, including: 1. the number of investigations initiated related to Internet Crimes Against Children; 2. the number of arrests related to Internet Crimes Against Children; and 3. the number of prosecutions for Internet Crimes Against Children, including - i. whether the prosecution resulted in a conviction for such crime; and ii. the sentence and the statutory maximum for such crime under State law. ICAC Sub -recipient Grant Contract Page 4 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 c. The number of referrals made by the task force to the United States Attorney's Office, including whether the referral was accepted by the United States Attorney. d. Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. e. The number of investigative technical assistance sessions that the task force provided to non-member law enforcement agencies. f. The number of computer forensic examinations that the task force completed. g. The number of law enforcement agencies participating in Internet Crimes Against Children program standards established by the task force. 4.2.4 Written Explanation of Variance. GRANTEE is required to provide a written explanation to the OAG for any variances by GRANTEE from projected performance. In addition to the written explanation, GRANTEE shall promptly answer any questions of the OAG, whether in writing or otherwise, in connection with the reports presented to the OAG. 4.2.5 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered by GRANTEE, which may be conducted by the OAG or its designees. GRANTEE shall submit service delivery reports required by the contract or self -evaluations of performance and other reports requested by the OAG in appropriate format and on a timely basis. GRANTEE also shall make available at reasonable times and for reasonable periods client records and other programmatic or financial records, books, reports, and supporting documents for reviewing and copying by the OAG or its designees. 4.3 Financial Matters 4.3.1 Grant Budgets. With regard to the use of funds pursuant to this contract, GRANTEE will immediately review the annual budget as established in this contract. 4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for reimbursement for the actual and allowable allocable costs incurred by GRANTEE for project costs to provide services under this contract. The payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide the services under this contract. The request for reimbursement will be submitted to the OAG in the form and manner as approved by the OAG and will specify the detailed and total expenses for the month in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating ICAC Sub -recipient Grant Contract Page 5 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 expenses. The request for reimbursement must be accompanied by supporting documentation as required by the OAG. The OAG may from time to time require different or additional supporting documentation. A financial status report is required each month, whether GRANTEE has paid expenses, or is seeking reimbursement. 4.3.3 Fiscal Year End Required Reports. On or before July 15, 2017 or a date as established by the OAG, GRANTEE must submit the following two reports: Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct operating expenses. Equipment Inventory Report. GRANTEE will submit an Equipment Inventory Report which provides record of the current inventory of items purchased, disposed, replaced or transferred of any equipment purchased with grant funds. 4.3.4 Annual Independent Financial Audit Report. GRANTEE shall timely submit to the OAG a copy of its annual independent financial audit — "timely" means on or before May 31 for a grantee whose fiscal year ends on August 31 of each year; otherwise, the timely submission to the OAG is on or before nine (9) months after the end of GRANTEE's accounting year. GRANTEE will contract an independent CPA firm to perform an annual financial audit engagement. GRANTEE's independent CPA firm will determine the type of annual financial audit, which may include a compliance attestation in accordance with the requirements of OMB Circular A-133 (audits of States, Local Governments, and Non -Profit Organizations) and/or Texas Single Audit Circular (Single Audit or non -Single Audit financial audit). If applicable, GRANTEE will provide the OAG with any and all annual independent financial audits or audited financial statements, related management letters, and management responses of GRANTEE. 4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice. GRANTEE is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit monthly billings to the OAG, which shall cover the previous month's expenses, so that they are received by the OAG on or before the twentieth (201h) of each month, or if the twentieth (20th) falls on a weekend or holiday, the next business day. The OAG will make all reasonable efforts to promptly process and make payments on properly completed billings. GRANTEE may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this contract; or (2) forty-five (45) calendar days after the end of each State fiscal year. 4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs incurred and paid by GRANTEE during the term of this contract. The OAG shall only reimburse ICAC Sub -recipient Grant Contract Page 6 of 19 DocuSlgn Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 GRANTEE for employee costs that are directly related to performing the responsibilities of this contract. 4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant funds under this contract, such as payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement, but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the overpayment from the OAG unless an alternate payment plan is specked by the OAG. 4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination. GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment purchased with contract funds. GRANTEE shall permanently identify all equipment purchased under this contract by appropriate tags or labels affixed to the equipment. GRANTEE shall maintain a current inventory of all equipment which shall be available to the OAG at all times upon request; however, a title for equipment will remain with GRANTEE. GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this contract, it shall use the proceeds to repair or replace said equipment. 4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit Authorization Form. After the direct deposit request is approved by the OAG and the setup is completed on the Texas Identification Number System by the State Comptroller's Office, payment will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies of reimbursement vouchers. SECTION 5 OBLIGATIONS OF OAG 5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the effective and efficient use of grant funds to accomplish the purposes of this contract. 5.2 Maximum Liability of OAG attached Exhibit A. Any change to amendment to this contract. ICAC Sub -recipient Grant Contract Page 7 of 19 The maximum liability of the OAG is contained in the the maximum liability must be supported by a written DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this contract. The OAG is not obligated to pay unauthorized costs. Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of the grant, adding funds to previously un -awarded budget categories, changing funds in any awarded budget category by more than 10% of the annual budget and/or adding new line items to any awarded budget category. 5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an entitlement or right. Reimbursement depends, among other things, upon strict compliance with all terms, conditions and provisions of this contract. The OAG and GRANTEE agree that any act, action or representation by either Party, their agents or employees that purports to increase the maximum liability of the OAG is void unless a written amendment to this contract is first executed. GRANTEE agrees that nothing in this contract will be interpreted to create an obligation or liability of the OAG in excess of the funds delineated in this contract. 5.5 Funding Limitation. GRANTEE agrees that funding for this contract is subject to the actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG. GRANTEE agrees that the grant funds, if any, received from the OAG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OAG for the purpose of this contract. GRANTEE agrees that, notwithstanding any other provision of this contract, if the OAG is not appropriated the funds or if the OAG does not receive the appropriated funds for this grant program, or if the funds appropriated to the OAG for this grant program are required by the state to be reallocated to fund other state programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance on this contract. SECTION 6 TERMINATION 6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this contract without recourse, liability or penalty, upon thirty (30) calendar days' notice to the other Party. 6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an obligation of the terms, conditions and provisions of this contract, the OAG may, upon written notice of the breach to GRANTEE, immediately terminate this contract. 6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this contract. Termination of this contract for any reason or expiration of this contract shall not release the Parties from any liability or obligation set forth in this contract that is expressly stated to survive any such termination or by its nature would be intended to be applicable following any such ICAC Sub -recipient Grant Contract Page 8 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 termination. The following terms and conditions, (in addition to any others that could reasonably be interpreted to survive but are not specifically identified), survive the termination or expiration of this contract: Sections 4, 5, 7; 11; and 12. SECTION 7 AUDIT RIGHTS; RECORDS RETENTION 7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the OAG to verify all reporting measures and requests for reimbursements related to this contract. GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG's auditor, the State Auditor's Office or other auditors of the State of Texas, the federal government or such other persons or entities designated by the OAG, to ensure proper accounting for all costs and performances related to this contract. 7.2 Records Retention. GRANTEE shall maintain and retain records for a period of seven (7) years after the contract is completed or expires, or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the contract are resolved. The records include, but may not be limited to, the contract, any contract solicitation documents, any documents that are necessary to fully disclose the extent of services provided under this contract, any daily activity reports and time distribution and attendance records, and other records that may show the basis of the charges made or performances delivered. 7.3 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an audit of its systems. GRANTEE's automated systems, if any, must provide the means whereby authorized personnel have the ability to audit and to verify contractually required performances and to establish individual accountability for any action that can potentially cause access to, generation of, or modification of confidential information. 7.4 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make available all paper and electronic records, books, documents, accounting procedures, practices, and any other items relevant to the performance of this contract, compliance with the applicable state or federal laws and regulations, and the operation and management of GRANTEE to the OAG or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will direct any other entity, person, or contractor receiving fund directly under this contract or through a subcontract under this contract to likewise permit access to, inspection of, and reproduction of all books, records and other relevant information of the entity, person or contractor that pertain to this contract. All records, books, documents, accounting procedures, practices, and any other items, in whatever form, relevant to the performance of this contract shall be subject to examination or audit. Whenever practical as determined at the sole discretion of the OAG, the OAG shall provide GRANTEE with up to five (5) business days advance notice of any such examination or audit. ICAC Sub -recipient Grant Contract Page 9 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525810 7.5 State Auditor. In addition to and without limitation on the other audit provisions of this contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. The acceptance of funds by GRANTEE or any other entity or person directly under this contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State Auditor's Office must provide the State Auditor's Office with access to any information the State Auditor's Office considers relevant to the investigation or audit. GRANTEE further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. GRANTEE shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through GRANTEE and the requirement to cooperate is included in any subcontract it awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of GRANTEE related to this contract. 7.6 Location. Any audit of records shall be conducted at GRANTEE's principal place of business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit is being performed of a subcontractor, the subcontractor's premises if necessary) private space, office furnishings (including lockable cabinets), telephone and facsimile services, utilities and office -related equipment and duplicating services as OAG or its designees may reasonably require to perform the audits described in this contract. SECTION 8 SUBMISSION OF INFORMATION TO THE OAG 8.1 The OAG will designate methods for submission of information to the OAG by GRANTEE. The OAG generally requires submission of information via email or hard copy format. Some reporting requirements must occur via the internet and/or a web -based data collection method. Programmatic Reports and Information (excluding Financial Reports). All quarterly statistical reports, annual performance reports, correspondence, reports or notices, except financial reports specified below, must be submitted via email to: OAG-Grants@oag.texas.gov If requested or approved by the OAG, other programmatic reports may be submitted to: Program Manager — Contracts and Asset Management Division Office of the Attorney General ICAC Sub -recipient Grant Contract Page 10 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 8.2 Financial Reports (excluding Programmatic Reports and Information). All financial status reports, requests for reimbursement, audits, and inventory reports, must be submitted in hard copy format to: Financial Manager — Contracts and Asset Management Division Office of the Attorney General Mail Code 005 Post Office Box 12548 Austin, Texas 78711-2548 The Annual Independent Financial Audit and related documents, as well as any other reports, if requested or approved by the OAG, may be submitted to: OAG-Grants@oag.texas.gov SECTION 9 CORRECTIVE ACTION PLANS AND SANCTIONS The Parties agree to make a good faith effort to identify, communicate and resolve problems found by either the OAG or GRANTEE. 9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE's performance under this contract, the OAG, at its sole discretion, may impose one or more of the following remedies as part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial and/or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance and/or make modifications in business practices; reduce the contract amount; and/or terminate this contract. The foregoing are not exclusive remedies, and the OAG may impose other requirements that the OAG determines will be in the best interest of the State. 9.2 Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information, may result in the OAG, at its sole discretion, placing GRANTEE on immediate financial hold without further notice to GRANTEE and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion, may deny reimbursement requests associated with the expenses incurred during the time GRANTEE was placed on financial hold. 9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, ICAC Sub -recipient Grant Contract Page 11 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 offsetting previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminate this contract and/or any other appropriate sanction. 9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or sanctions, GRANTEE remains responsible for complying with the contract terms and conditions. Corrective action plans, financial hold and/or sanctions do not excuse or operate as a waiver of prior failure to comply with this contract. SECTION 10 GENERAL TERMS AND CONDITIONS 10.1 Federal and State Laws. GRANTEE agrees to comply with all applicable federal and state laws relevant to GRANTEE's performance under this contract. 10.2 Uniform Grant Management Act, UGMS and Applicable Standard Federal and State Certifications and Assurances. GRANTEE agrees to comply with applicable laws, including the Uniform Grant Management Act of 1981 (UGMA), Texas Government Code, Chapter, 783, as amended. GRANTEE also agrees to comply with Uniform Grant Management Standards (UGMS), as promulgated by the Texas Governor's Budget and Planning Office. Further, GRANTEE agrees to comply with the applicable OAG Certifications and Assurances as contained in the Application Kit. 10.3 Generally Accepted Accounting Principles or Other Recognized Accounting Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP) promulgated by the American Institute of Certified Public Accountants, unless other recognized accounting principles are required by GRANTEE. Grantee shall follow OAG fiscal management policies and procedures in processing and submitting for reimbursement GRANTEE's billing and maintaining financial records relating to this contract. 10.4 Conflicts of Interest; Disclosure of Conflicts. GRANTEE has not given or offered to give, nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or employee of the OAG, at any time during the negotiation of this contract or in connection with this contract, except as allowed under relevant state or federal law. GRANTEE will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. GRANTEE will operate with complete independence and objectivity without actual, potential or apparent conflict of interest with respect to its performance under this contract. GRANTEE must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential conflicts of interest relative to its performance under this contract. 10.5 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of GRANTEE's business or operations. GRANTEE agrees to remain ICAC Sub -recipient Grant Contract Page 12 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181 E525B10 in good standing with the Texas Secretary of State, Texas Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE's right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state, or federal laws. If GRANTEE is a law enforcement agency regulated by Chapter 1701, Texas Occupations Code, GRANTEE agrees that it is in compliance with all rules developed by the Texas Commission on Law Enforcement Officer Standards and Education. SECTION 11 SPECIAL TERMS AND CONDITIONS 11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement. GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered an OAG employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor of GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, joint enterpriser or partner of OAG. All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of GRANTEE'S contractors shall be considered to be solely the employees or agents of GRANTEE or the contractors. GRANTEE or GRANTEE'S contractors shall be responsible for ensuring that any and all appropriate payments are made, such as unemployment, workers compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. To the extent allowed by law, GRANTEE or contractors are responsible for all types of claims whatsoever due to the actions or performance under this contract, including, but not limited to, the use of automobiles or other transportation taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties. GRANTEE and/or contractors will indemnify and hold harmless the OAG and/or the State of Texas from and against any and all claims arising out of actions or performance of GRANTEE or GRANTEE'S contractors under this contract. To the extent allowed by law, GRANTEE agrees to indemnify and hold harmless the OAG and/or the State of Texas from any and all liability, actions, claims, demands, or suits, and all related costs, attorney fees, and expenses, that arise from or are occasioned by the negligence, misconduct, or wrongful act or omission of GRANTEE, its employees, representatives, agents, or subcontractors in their performance under this contract. 11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or indirectly in any media release, public service announcement or public service disclosure relating to this contract or any acquisition pursuant hereto, including in any promotional or marketing materials, without first obtaining written consent from the OAG. This section is not intended to and does not limit GRANTEE's ability to comply with its obligations and duties under the Texas Open Meetings Act and/or the Texas Public Information Act. ICAC Sub -recipient Grant Contract Page 13 of 19 DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-591B1E525B10 11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained under this contract may be used to produce original books, manuals, films, or other original material and intellectual property, GRANTEE may copyright such material subject to the royalty -free, non-exclusive, and irrevocable license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state (or federal government, if federal funds are expended in this grant) government. The OAG is granted the unrestricted right to use, copy, modify, prepare derivative works, publish and distribute, at no additional cost to the OAG, in any manner the OAG deems appropriate at its sole discretion, any component of such intellectual property made the subject of this contract. 11.4 Program Income. Gross income directly generated from the grant funds through a project or activity performed under this contract are considered program income. Unless otherwise required under the terms of this contract, any program income shall be used by GRANTEE to further the program objectives of the project or activity funded by this grant, and the program income shall be spent on the same project or activity in which it was generated. GRANTEE shall identify and report this income in accordance with the OAG's reporting instructions. GRANTEE shall expend program income during this contract term; program income not expended in this contract term shall be refunded to the OAG. 11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this contract to replace or substitute existing funding from other sources that also supports the activities that are the subject of this contract. 11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of the State of Texas. 11.7 No Subcontracting or Assignment Without Prior Written Approval of OAG. GRANTEE may not subcontract or assign any of its rights or duties under this contract without the prior written approval of the OAG. It is within the OAG's sole discretion to approve any subcontracting or assignment. In the event OAG approves subcontracting or assignment by GRANTEE, GRANTEE will ensure that its contracts with others comply with the provisions of this contract GRANTEE, in subcontracting for any performances specified herein, expressly understands and agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance with this contract and that the OAG shall not be liable in any manner to GRANTEE's subcontractor(s). 11.8 No Waiver of Sovereign Immunity. The Parties agree that no provision of this contract is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities from suit or from liability that the OAG or the State of Texas may have by operation of law. ICAC Sub -recipient Grant Contract Page 14 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 11.9 Governing Law; Venue. This contract is made and entered into in the State of Texas. This contract and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Except where state law establishes mandatory venue, GRANTEE agrees that any action, suit, litigation or other proceeding (collectively "litigation") arising out of or in any way relating to this contract shall be commenced exclusively in the Travis County District Court or the United States District Court in the Western District, Austin Division, and to the extent allowed by law, hereby irrevocably and unconditionally consents to the exclusive jurisdiction of those courts for the purpose of prosecuting and/or defending such litigation. GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action, or proceeding, any claim that GRANTEE is not personally subject to the jurisdiction of the above- named courts; the suit, action, or proceeding is brought in an inconvenient forum; and/or the venue is improper. 11.10 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled "Missing Children's Assistance." 11.11 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a Memorandum of Understanding that outlines the duties and responsibilities of GRANTEE as a member of the Internet Crimes Against Children Task Force. GRANTEE agrees to comply with the approved Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative Standards. SECTION 12 CONSTRUCTION OF CONTRACT AND AMENDMENTS 12.1 Construction of Contract. The provisions of Section 1 are intended to be a general introduction to this contract. To the extent the terms and conditions of this contract do not address a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to be construed consistent with the general objectives, expectations and purposes of this contract. 12.2 Entire Agreement, including Exhibits. This contract, including all exhibits, reflect the entire agreement between the Parties with respect to the subject matter therein described, and there are no other representations (verbal or written), directives, guidance, assistance, understandings or agreements between the Parties relative to such subject matter. By executing this contract, GRANTEE agrees to strictly comply with the requirements and obligations of this contract, including all exhibits. ICAC Sub -recipient Grant Contract Page 15 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 12.3 Amendment. This contract shall not be modified or amended except in writing, signed by both parties. Any properly executed amendment of this contract shall be binding upon the Parties and presumed to be supported by adequate consideration. 12.4 Partial Invalidity. If any term or provision of this contract is found to be illegal or unenforceable, such construction shall not affect the legality or validity of any of its other provisions. The illegal or invalid provision shall be deemed severable and stricken from the contract as if it had never been incorporated herein, but all other provisions shall continue in full force and effect. 12.5 Non -waiver. The failure of any Party to insist upon strict performance of any of the terms or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that Party's right to demand strict compliance in the fixture. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this contract shall constitute a consent or waiver to or of any breach or default in the performance of the same or any other obligation of this contract. 12.6 Official Capacity. The Parties agree that the signatories hereto are signing, executing and performing this contract only in their official capacity. OFFICE OF THE ATTORNEY Beaumont Police Department GENERAL OF TEXAS Printed Name: Printed Name: Kyte Hayes Office of the Attorney General Authorized Oficial ICAC Sub -recipient Grant Contract Page 16 of 19 DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-59181E525B10 EXHIBIT A GRANT CONTRACT OAG Contract No. 1774900 Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the OAG to GRANTEE, directly or indirectly, arising out of this contract for reimbursement of all expenses, shall not exceed: $10,000.00 Subject to the limitations within this contract, the OAG will reimburse GRANTEE for actual allowable and allocable costs paid according to the following amounts and budget categories: Budget Category Amount Personnel $0.00 Fringe Benefits $0.00 Professional & Contractual Services $0.00 Travel $0.00 Equipment $4,325.00 Supplies $0.00 Other Direct Operating Expenses $5,675.00 Total $10,000.00 ICAC Sub -recipient Grant Contract Page 17 of 19 DocuSign Envelope ID: C03388DE-5311-416D-A7F9-59181E5251310 EXHIBIT B GRANT CONTRACT OAG Contract No. 1774900 SPECIAL CONDITIONS Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified in this exhibit to this contract, the OAG may, at its sole discretion, impose additional special conditions, with or without notice, without amending this contract. GRANTEE agrees to comply with all Special Conditions imposed by the OAG, including the following documents, which are attached hereto and incorporated by reference herein: • Department of Justice, Office of Justice Programs, Office of the Assistant Attorney General—letter dated September 9, 2016 to Texas Office of the Attorney General. ➢ One (1) page. • Department of Justice, Office of Justice Programs, Office of Civil Rights—letter dated September 9, 2016, to Texas Office of the Attorney General, and any subsequent award document. ➢ Three (3) pages. • Department of Justice, Office of Justice Programs, Office of the Chief Financial Officer—Ietter dated September 9, 2016, to Texas Office of the Attorney General, Approved Budget Categories. ➢ Two (2) pages. • Department of Justice, Office of Justice Programs, Office of the Chief Financial Officer—Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug -Free Workplace Requirements. ➢ Three (3) pages. • Department of Justice, Office of Justice Programs—Standard Assurances ➢ One (1) page. • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention—memorandum to Official Grant File, concerning categorical exclusion for Texas Office of the Attorney General, and any subsequent award document. ➢ One (1) page. ICAC Sub -recipient Grant Contract Page 18 of 19 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 • Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, Grant Manager's Memorandum, Part I, Project Summary FY 16 (OAG Award Document), 2015 -MC -FX -K049. ➢ Two (2) pages. Department of Justice, Office of Justice Programs Delinquency Prevention, Cooperative Agreement (OAG Award Document), 2015 -MC -FX -K049, document. ➢ Twelve (12) pages. ICAC Subrecipient Grant Contract— Webb County Sheriffs Office 1665868 Page 19 of 19 , Office of Juvenile Justice and and Special Conditions FY 16 and any subsequent award DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.C. 20531 September 9, 2016 Mr, Jeffrey C. Mateer Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 Dear Mr. Mateer: On behalf of Attorney General Loretta Lynch, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 16 Internet Crimes Against Children Task Force Invited in the amount of 5514,754 for Texas Office of the Attorney General. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Lou Ann Holland, Program Manager at -(202) 305-2742; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfb@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, �-� D. ma-.Z� Karol Virginia Mason Assistant Attorney General Enclosures DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR®usdoj.gov Website: www.cjp.usdoj.gov/ocr September 9, 2016 Mr. Jeffrey C. Mateer Texas Office of the Attorney General PO Box 12548 Austin, TX 78711-2548 Dear Mr. Mateer: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Bights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to -recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obamasigned the Violence Against Women Reauthorization Act of2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion,.sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OV W have developed answers to some frequently asked questions aboutthis provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at http://ojp.gov/aboiit/ocr/vawafhgs.him. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, thie OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal' opportunity standards. DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Providing Service's to Limited English Proficiency (LEP) Individuals In accordance With DOJ guidance pertaining.to Title VI of the Civil Rights Act of 1964,42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). Soo U.S. Department of Justice. Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited.English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil tights responsibilities that recipients have in providing language services to LEP individuals, please see the website http-//www.Iep.gov. , Ensuring Equal Treatment for Faith -Based Organizations The DOJ regulation, Equal Treatment for Faith -Based Organizations, 28 C.F.R. pt. 38, requires State Administering Agencies (SAAB) to treat faith -based organizations the same as any other applicant or recipient. The regulation prohibits SAAB from making awards or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith -based organizations from using financial assistance front the DOJ to fund inherently (or explicitly) religious activities. While faith -based organizations can engage in non -funded inherently religious activities, they must hold them separately from the program funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. no Equal Treatment Regulation also makes cleanthat organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see the OCR's website at http://www,ojp.usdoj.gov/about/ocrYequaLAo.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 42 U.S.C. § 3789d(c); the Victims of Crime Act of 1984, as amended, 42 U.S.C. § 10604(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 42 U.S.C. § 5672(b); and VAWA, Pub. L. No. 113-4, sec. 3(b)(4),127 Stat. 54, 61-62 (to be codified at 42 U.S.C. § 13925(b)(13)) contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith-based.organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute thai authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of attest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at http://www.ojp.usdoj.gov//about/ocr/pdfs/Useofconyiction_Advisory.pdf. Recipients should be mindful that the misuse of arrestor conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with.the.Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with'the federal regulation pertaining to the.development of an EEOP (see 28 C.F.R. pt 42, subpt. E) and (2) submitting to the OCR findings of discrimination (tee 28 C.F.R. §§ 42.204(c), .205(c)(5)). DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Meeting the EEOP Requirement If your organization has less than fifty employees or receives an award of less than $25,000 or is a nonprofit organization, a medical institution, an educational institution, or an Indian tribe, then it is exempt -from the ESOP requirement. To claim the exemption, your organization must complete and submit Section A of the Certification Form, which Is available online at http://Www.ojp.usdoj.gov/about/ocr/pdfstcert.pdf. Ifyour organization is a government agency or private business and receives an award of $25,000 or more, but less than $500,000, and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an EEOP Short Form), but it does not have to submit the report to the OCR for review. Instead, your organization has to maintain the Utilization Report on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to the OCR. The Certification Form is available at http://www.ojp_usdoj_gov/about/ocrlpdfs/cert,pdf. If your organization is a government agency or private business and has received an award for $500,000 or more and has fifty or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare a Utilization Report (formerly called an ESOP Short Form) and submit it to the OCR for review within sixty days from the date of this letter. For assistance in developing a Utilization Report, please consult the OCR's website at htipJ/www.ojp.usdoj.gov/abbut/ocr/ecop.htm. In addition, your organization -has to complete Section C of the Certification Form and return it to the OCR: The Certification Form is available at http://www.ojp.usdoj,gov/about/oer/pdfs/Cert.pdE To comply with the EEOP requirements, you may request technical assistance from an ESOP specialist at the OCR by telephone at (202) 307-0690, by TTY at (202) 307,2027, or by e-mail at EEOsubmisson@usdoi.gov, Meeting the Requirement to Submit Findings of Discrimination [fin the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a. copy of the finding to the OCR. Ensuring the Compliance'of Subrecipients SAAB must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to die OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see http://www.ojp.usdoj.govifunding/other requirements.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst DocuSign Envelope ID:C033BBDE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of justice Programs i E OMce of the chief Financial Officer Washington, D.C. 20531 September 9.2016 Mr.:Jeffray C. Mateo Texas Office of the Attorney General PO Box 1254$ Austin. TX 78711 -:2548 Reference Grant Number: 2015 -MC -FX -K049 Supplemental Budget Number: 01 Dear Mr, Matter. U am pleased lo. inform you that,my office has approved the following budget categorics.l'or. the aforementioned grant award in the cost categories identified below: Category Prior Budget Supplemental Budget Total Personnel $256.582 5254,928 5511;510 Fringe Benefits 582,999 578.839 5161.838 Travel SAW $73,752 '5135,108 Equipment so So so Supplies 518,514 520;720 $39,234 Construction s0 So s0 Contnicmai $64,199 $69,965 6134.164 Other 510,550 514.550 625,100 Total Direct Cost 54921200 5514,154 51,006,954 Indirect Cost So 50 s0 Total Projcct.Cost $492.200 5514,754 51,006,954 FedcraiFunds Approved: $492,200 8514,754 $1,006,954 Nan -Federal Share: so s0 s0 Program Income: 6o So 50 Match is not required for this program. The line item -labeled "Contractual' may include contracts, subawards, or consultants. Approval of this•budget does not.inciude approval of codfcrence costs. All ofconference-costs require prior approval ofOJP. DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 If you "have questions regarding this award, please contact: Progranr,Qo4tions, Lou Ann Holland,.Progmm Managerar(202)305-2742 - Financial Questions, the:Offtcc of Chief Maaeial Officer, Customer Service Center(CSC) at (800) 458-0786, or you taay contact the CSC at ask.ocfodtisdoj.gov. Congratulations, and we lopk forward to.woiking millh you. Sincerely, Leigh Benda Chief' Financial Officer DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Page 1 of 3 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS OFFICE OF THE CHIEF FINANCIAL OFFICER CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; AND DRUG-FREE WORKPLACE REQUIREMENTS Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Acceptance of this form provides for compliance with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying," 2 CFR Part 2867, "DOJ Implementation of OMB Guidance on Nonprocurement Debarment and Suspension," and 28 CFR Part 83, "Government -wide Debarment and Suspension," and Government -wide Requirements for Drug -Free Workplace (Grants)." The certifications shall be treated as a material representation of fact upon which reliance will be placed when the Department of Justice determines to award the covered transaction, grant, or cooperative agreement. 1. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or, employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, 'Disclosure of Lobbying Activities," in accordance with its instructions; (c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subgrants, contracts under grants and cooperative agreements, and subcontracts) and that all sub -recipients shall certify and disclose accordingly. 2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (DIRECT RECIPIENT) Pursuant to Executive Order 12549, Debarment and Suspension, implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Section 2867.20(a), and other requirements: A. The applicant certifies that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Have not within a two-year period preceding this application been convicted of a felony criminal violation under any Federal law, unless such felony criminal conviction has been disclosed in writing to the Office of Justice Programs (OJP) at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has https://grants.ojp.usdoj.gov/gmsinternal/viewAssu ranceText.do?id=2&type=G M S—A P P L I... 7/15/2015 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Page 2of3 received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. (d) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and (e) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. FEDERAL TAXES A. If the applicant is a corporation, the applicant certifies that either (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to OJP at Ojpcompliancereporting@usdoj.gov, and, after such disclosure, the applicant has received a specific written determination from OJP that neither suspension nor debarment of the applicant is necessary to protect the interests of the Government in this case. B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 83, Subpart F, for grantees, as defined at 28 CFR Sections 83.620 and 83.650: A. The applicant certifies that it will or will continue to provide a drug-free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: Department of Justice, Office of Justice Programs, ATTN: https:llgrants.ojp.usdoj.gov/gmsinternal/viewAssuranceText.do?id=2&type=GMS_APPLl... 7/15/2015 DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 Page 3 of 3 Control Desk, 810 7th Street, N.W., Washington, D.C. 20531. Notice shall include the identification number(s) of each affected grant; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). As the duly authorized representative of the applicant, I hereby certify that the applicant will comply with the above certifications. Close Window https://grants.ojp.usdoj,gov/gmsinternalNiewAssu ranceText.do?id=2&type=GMS_AP P LI... 7/15/2015 DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-59181E525B10 OMB APPROVAL NO. 1121-140 EXPIRES 5/31/2019 STANDARD ASSURANCES The Applicant hereby assures and certifies compliance with all applicable Federal statutes, regulations, policies, guidelines, and requirements, including 2 C.F.R. Part 2800 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards by the Department of Justice), and Ex. Order 12372 (intergovernmental review of federal programs). The applicant also specifically assures and certifies that: 1. It has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. 2. It will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 3. It will give the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the financial assistance. 4. It will comply with all lawful requirements imposed by the awarding agency, specifically including any applicable regulations, such as 28 C.F.R. pts. 18, 22, 23, 30, 35, 38, 42, 61, and 63, and the award term in 2 C.F.R. § 175.15(b). 5. It will assist the awarding agency (if necessary) in assuring compliance with section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order 11593 (identification and protection of historic properties), the Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.), and the National Environmental Policy Act of 1969 (42 U.S.C. § 4321). 6. It will comply (and will require any subrecipients or contractors to comply) with any applicable nondiscrimination provisions, which may include the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C. §I0604(e)); the Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. § 5672(b)); the Violence Against Women Act (42 U.S.C. § 13925(b)(13)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); the Rehabilitation Act of 1973 (29 U.S.C. § 794); the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12131- 34); the Education Amendments of 1972 (20 U.S.C. §§ 1681, 1683, 1685-86); and the Age Discrimination Act of 1975 (42 U.S.C. §§ 6101-07). It will also comply with Ex. Order 13279, Equal Protection of the Laws for Faith - Based and Community Organizations; Executive Order 13559, Fundamental Principles and Policymaking Criteria for Partnerships With Faith -Based and Other Neighborhood Organizations; and the DOJ implementing regulations at 28 C.F.R. Part 38. 7. If a governmental entity— a) it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.§ 4601 et seq.), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and - b) it will comply with requirements of 5 U.S.C.§§ 1501-08 and §§7324-28, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance. DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention Washington. D.C. 20531 Memorandum To: Official Grant File From: Lou Ann Holland, OVDP NEPA Coordinator Subject: Categorical Exclusion for Texas Office of the Attorney General This award is made as part of the Internet Crimes Against Children Task Force Program. Awards under this program will be used to support State and local law enforcement agencies to maintain and expand State and regional task forces to address technology -facilitated child exploitation. None of the following activities will be conducted either under this award or a related third party action: 1) New construction; 2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, - including property (a), listed on or eligible for listing on the National Register of Historic Places, or (b) located within a I00 -year flood plain, a wetland, or habitat for an endangered species; - 3) A renovation which will change the basic prior use of a facility or significantly change its size; 4) Research and technology whose anticipated and future application could be expected to have an effect on the environment; or 5) Implementation of a program involving the use of chemicals, other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Additionally, the proposed action is neither a phase nor a segment of a project which when reviewed in its entirety would not meet the criteria for a categorical exclusion. Consequently, the subject federal action meets OJP's criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181 E525B10 U.S. Department of Justice Office of Justice Programa Office of Juvenile Justice and 5; a Delinquency Prevention GRANT MANAGER'S MEMORANDUM, PT. Y: PROJECT SUMMARY Cooperative Agreement i PROJECTNUMBER 12015•MC.PX-K049 This project is supported tinder FYI 6(OJJDP- MEC -ICAC Task Force-.otherithen TTA or "HERO" veterans employment) Pub. 2309 PAGE I OF 1 No. 1144 13; 129 Stat. 2242, 1. STAFF CONTACT (Name & telephone number) 2. PROJECT DIRECTOR (Name; address & telephone number) Lou Ann Holland Trey Morales (202) 305-2742 GAG Grants Coordinator 3a. TITLE OF THE PROGRAM OJJDP FY 161ntemet Crimes Against Children Task Fora Invited 4. TITLE OF PROJECT Texas Office of the Attorney General Southern ICAC Task Force 5. NAME & ADDRESS OF GRANTEE Texas Office of the Attorney General PO Box 12549 Austin; TX 78711-2548 7. PROGRAM PERIOD FROM; 07/01/2015 TO: 06/30/2017 9. AMOUNT OF AWARD S514,754 11. SECOND YEARS RUOGET 13. THIRD YEAR'S BUDGET Y PO Box 12548 c Austin; TX 78711-2548 (512)936-7946 3b. PDMS CODE (SEE INSTRUCTIONS fON REVERSE) 6. NAME & ADRESS OF SUBORANTEE S. BUDGET PERIOD FROM: .07/01/2015 TO: 06/30/2017 10. DATE OF AWARD 09/09/!016 i 12. SECOND YEARS BUDGET AMOUNT 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARYDESCRIPTION OF PROJECT (See instruction on reverse) The National Internet Crimes Against Children (ICAC) Task Force Program; as established by Om PROTECT our Children Act of 2008, consists of State and local law enforcement task forces dedicated to developing effective responses to online enticement of children by sexual predators, child exploitation, and child obscenity and pornography cases. Each State and local task force that is pad of the national program $hall: 1) consist of State and local investigators, prosecutors, forensic specialists, and education specialists who are dedicated to addressing the goals of the task force; 2) engage in proactive investigations, forensic examinations, and effective prosecutions of Internet crimes against children; 3) provide forensic, preventive, and investigative assistance to parents, educators, prosecutors, late enforcement, and others concerned with Internet crimes against children; 4) develop mu Ittlorisdictional, multiagency partnerships and responses to Intertetcrimos against children offenses through ongoing informational, administmtivc, and technological support to other Stale and local law enforcement agencies, as a means for such agencies to acquire the necessary knowledge, personnel, and specialized equipment to investigate and prosecute such offenses; 5) participate in nationally coordinated investigations in any case in which the Attorney General determines such participation to be necessary, as permitted by the available resource of such OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: CO33B8DE-5311-416D-A7F9-59181E525B10 task force; 6) establish or adopt investigative and prosecution standards consistent with established norms, to which such task fora shall comply; 7) investigate, and seek prosecution on tips related to httemct crimes against children, including lips from Operation Fairplay, the National Internet Crimes Against Children Data System, the National Center for Missing and Exploited Children's CyberTipline, ICAC task forces, and other Federal, State, and local agencies, with priority being given to investigate leads that indicate the possibility of identifying or rescuing child victims, including investigative lends that indicate a likelihood ofseriousness of offense or dangerousness to the community; g) develop procedures for handling seized evidence for ICAC task force lead agencies and affiliate agencies; 9) maintain reports required by OJJDP and other reports and records as determined by the Altontey General; and, 10) seek to comply with national standards regarding the investigation and prosecution of Internet crimes against children, as set forth by the Attorney Gencrul, to the extent such standards are consistent with the low of the Stale where the task force is located. The Texas Office of the Aftomey General (OAG) recognizes the importance of expanding the capacity of the Texas OAG Internet Crimes Against Children (ICAC) Task Force. The Texas OAG ICAC will continue to improve task force effectiveness to prevent, interdict, investigate, and prosecute Internet crimes against children and technology -facilitated child exploitation by (mining internal and external ICAC personnel, as well as non -ICAC entities. An emphasis will contimte to be placed on collaborating with external law enforcement and local and federal prosecutors for the suaessfid investigation and prosecution of child predators. in addition, mental wellness training of Investigators, supervisors and support diff remains a priority to ensure personnel are sufficiently equipped to prevent and mitigate the negative effects associated with conducting investigations Involving child pornography. NCA/CF DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 U.S. Department of Justice Office of Justice Programs • a '"` PAGE I OF 12 ._ Office of Juvenile Justice and Cooperative Agreement ' Delinquency Prevention L RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 2015-MC-FX-KO49 Texas Office of the Attorney General PO Box 12548 5. PROJECT PERIOD: FROM 07/01/2015 TO 06/30/2017 Austin, TX 78711-2548 BUDGET PERIOD: FROM 07/012015 TO 06/302017 6. AWARD DATE 09/092016 8. SUPPLEMENT NUMBER 7. ACTION Supplemental 2a. GRANTEE IRS/VENDOR NO. 746000057 01 2b. GRANTEE DUNS NO. 9. PREVIOUS AWARD AMOUNT S 492200 806780789 3. PROJECT TITLE 10. AMOUNT OF THIS AWARD S514.754 Texas Office of the Attorney General Southern ICAC Task Force I1. TOTAL AWARD S1.006.954 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY 16(OJJDP - MEC - ICAC Task Force - other than TTA or "HERO" veterans employment) Pub. L. No. 114-113; 129 Stat. 2242.2309 14. CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.543 - Missing Children's Assistance 15. METHOD OF PAYMENT GPRS AGENCYAPPROVAL GRANTEE ACCEPTANCE _- 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Karol Virginia Mason Jeffrey C. Mateer First Assistant Attorney General Assistant Attorney General 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. PMCTGT0052 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X F MC 70 00 00 514754 DIP FORM 40002 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 2 OF 12 Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-MC-FX-KO49 AWARD DATE 09/092016 SPECIAL CONDITIONS 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at http://ojp.gov/funding/Part200UniformRequirements.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 2. Compliance with DOJ Grants Financial Guide The recipient agrees to comply with the Department of Justice Grants Financial Guide as posted on the OJP website (currently, the "2015 DOJ Grants Financial Guide"), including any updated version that may be posted during the period of performance. 3. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by I20 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2015, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2015, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at http://Www.ojp.gov/trainingtfints.btm. All trainings that satisfy this condition include a session on grant fraud prevention and detection The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply With this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Initials OJP FORM 40002 (REV. 4-98) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION s1 Office of Juvenile Justice and SHEET PAGE 3 OF 12 ^T Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-MC-FX-KO49 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 4. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 5. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OV W, as appropriate) in writing of the potential duplication, and, if so requested by DOJ awarding agency, must seek a budget-modificatidn or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 6. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipients obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 7. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that — for. purposes of federal grants administrative requirements — OR considers a "subaward" (and therefore does not consider a procurement %ontract'). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://ojp.gov/funding(Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice <f- Office of Justice Programs AWARD CONTINUATION b Office of Juvenile Justice and SHEET PAGE 4 OF 12 5"" r Delinquency Prevention Cooperative Agreement PROJECPNUMBER 2015-MC-FX-KO49 AWARD DATE 09/092016 SPECIAL CONDITIONS 8. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that — for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at http://ojp.gov/funding/Explore/MoncompetitiveProcurement.btm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 9. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Traffickin&htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 10. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) govendng the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide"). 11. Requirement for -data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of activities under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act, and other applicable laws. 12. OJP Training Guiding Principles Any training or training materials that the recipient — or any subrecipient ("subgrantee") at any tier — develops or delivers with OJP award funds must adhere to the ON Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.goy/funding/ojptminingguidingprinciples.htm. Initials OR FORM 40002 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 5 OF 12 Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-MC-FX-KO49 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 13. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 14. The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OV W, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 15. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 16. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current' data. 17. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OR for guidance, and may hot proceed without the express prior written approval of OJP. Initials OJP FORM 400012 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-5918lE525B10 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAGE 6 OF 12 I PROJECTNUMBER 20MMC-FX-KO49 AWARD DATE 09/092016 1 SPECIAL CONDITIONS 18. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 19. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award — (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 86911499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Initials OJP FORM 40002 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311416D-A7F9-59181E525B10 U.S. Department of Justice y Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 7 OF 12 Delinquency Prevention Cooperative Agreement: PROJECT NUMBER 2015-MC-FX-KO49 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 20. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any, funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient— a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and . (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. Initials OR FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of Justice Programs Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement PAVE 8 OF 12 I PROIECTNUMBER 2015-MC-FX-Ko49 AWARD DATE 09/09/2016 1 SPECIAL CONDITIONS 21. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient must comply with, and is subject to, all applicable provisions of 41 U.S.C_ 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or O'VW, as appropriate) for guidance. 22. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Initials OJP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525610 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 9 OF 12 �^^"r Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-MC-FX-KO49 AWARD DATE 09/09/2016 1 SPECIAL CONDITIONS 23. Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) name of event; 2) event dates; 3) location of event; 4) number of federal attendees; 5) number of non-federal attendees; 6) costs of event space, including rooms for break-out sessions; 7) costs of audio visual services; 8) other equipment costs (e.g., computer fees, telephone fees); 9) costs of printing and distribution; 10) costs of meals provided during the event; 11) costs of refreshments provided during the event, 12) costs of event planner; 13) costs of event facilitators; and 14) any other costs associated with the event. The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) meals and incidental expenses (MME portion of per diem); 2) lodging; 3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and, 4) local transportation (e.g., rental car, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. Further instructions regarding the submission of this data, and how to determine costs, are available in the OR Financial Guide Conference Cost Chapter. Initials DIP FORM 4000/2 (REV. 4-88) DocuSign Envelope ID: C033B8DE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION ~s Office of Juvenile Justice and SHEET PAGE 10 OF 12 Delinquency Prevention Cooperative Agreement PROJECTNUMBER 2015-MC-FX-KO49 AWARD DATE 09/09/2016 SPECIAL CONDITIONS 24. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. 25. Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the Office of Justice Programs (OJP) program office prior to obligation or expenditure of such funds. 26. The recipient acknowledges that the Office of Justice Programs (OJP) reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227- 14 (Rights in Data - General). It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipients obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the OJP program office. 27. The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation ofthe five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgramees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at http://ojp.gov/fundingtExplore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 28. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes, unless otherwise designated in the award document. Initials OJP FORM 4000/2 (RFV. 4-88) DocuSign Envelope ID: C033BSDE-5311-416D-A7F9-59181E525B10 U.S. Department of Justice Office of Justice Programs AWARD CONTINUATION Office of Juvenile Justice and SHEET PAGE 1 t OF 12 Delinquency Prevention Cooperative Agreement PROJECTNUMUR 2015-MC-PX-KO49 AWARD DATE 0910912.016 SPECIAL CONDITIONS 29. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal govemment's Senior Executive Service (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OR official indicated in the program announcement under which this award is made. 30. The recipient agrees to submit a final report at the end of this award documenting all relevant project activities during the entire period of support under this award. This report will include detailed information about the project(s) funded, including, but not limited to, information about how the funds were actually used for each purpose area, data to support statements of progress, and data concerning individual results and outcomes of funded projects reflecting project successes and impacts. The final report is due no later than 90 days following the close of this award period or the expiration of any extension periods. This report will be submitted to the Office of Justice Programs, on-line through the Internet at https://granis.ojp.usdoj.gov/. 31. The recipient agrees that it will submit quarterly financial status reports to OJP on-line (at https://grants.ojp.usdoj.gov) using the SF 425 Federal Financial Report form (available for viewing at www.whitehouse.gov/omb/grants/Standard_forms/ff_rcport pdf), not later than 30 days after the end of each calendar quarter. The final report shall be submitted not later than 90 days following the end of the award period. 32. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. 33. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. (B) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. 34. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP- designated site. 35. The recipient agrees to submit quarterly reports to OR that set forth the following: Prosecution performance measures of the lead task force agency and any affiliates receiving $20,000 or more in subrecipient funding per project period year, including - 1) the number of prosecutions for Internet crimes against children; 2) whether the prosecution resulted in a conviction for such crime; and 3) the sentence and the statutory maximum for such crime under State law. 36. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards Initials OJP POW 400012 (REV. 4-88) DocuSign Envelope ID: C033BBDE-5311-416D-A7F9-59181 E525BI 0 U.S. Department of Justice k= Office of Justice Programs AWARD CONTINUATION F Office of Juvenile Justice and SHEET • PAGE Iz OF Iz Delinquency Prevention Cooperative Agreement PROJECTNUMBER 201SMC-FX-KO49 AWARD DATE 09/0912016 SPECIAL CONDITIONS 37. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings, and participate in project sponsored training events or conferences. 38. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs from the service: "This Web site is funded [insert "in part," if applicable) through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or.,tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 39. Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and administrative proceedings to SAM and FAPIIS The recipient must comply with any and all applicable requirements regarding reporting of information on civil, criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP award or any other grant, cooperative agreement, or procurement contact from the federal government. Under certain circumstances, recipients of OJP awards are required to report information about such proceedings, through the federal System for Award Management (known as "SAM"), to the designated federal integrity and performance system (currently, "FAPIIS"). The details of recipient obligations regarding the required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (currently, "FAPIIS") within SAM are posted on the OJP web site at http://ojp.govlfunding/FAPIIS.htm (Award condition: Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference here. Initials OJP FORM 4000/2 (REV. 4-88) E BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the subrogation claim of Albert and Faye Thibodeaux. BACKGROUND This matter was presented and discussed in Executive Session held on March 21, 2017. The City Attorney is requesting authority to settle this claim in the amount of $12,195.41. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the subrogation claim of Albert and Faye Thibodeaux was discussed in Executive Session properly called and held Tuesday, March 21, 2017; and, WHEREAS, the City Attorney is requesting authority to settle this claim; and, 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 subrogation claim of Albert and Faye Thibodeaux for the sum of Twelve Thousand One Hundred Ninety -Five and 41/100 Dollars ($12,195.41); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the subrogation claim. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MARCH 28, 2017 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on the Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a Specific Use Permit to allow a home-based childcare facility in an R-S(Residential-Single Family Dwelling) District located at 675 Alma Street 2. Consider a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD(General Commercial -Multiple Dwelling) District located at 1175 Reynolds Road 3. Consider a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District located at 4710 Highland Avenue PUBLIC HEARING * Receive comments from applicants requesting funds from the proposed 2017 Community Development Block Grant 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: Fire Station No. 1 Project I C�ICKIR►21W * The City Council will tour the Downtown Public Library, 801 Pearl Street 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. fl March 28, 2017 Consider a request for a Specific Use Permit to allow a home-based childcare facility in an R-S(Residential-Single Family Dwelling) District located at 675 Alma Street BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a home-based childcare facility in an R-S(Residential-Single Family Dwelling) District located at 675 Alma Street. BACKGROUND Carol Smith would like to operate a Licensed Child Care Home in her residence located at 675 Alma Street. A Licensed Child Care Home allows the caregiver to provide care for seven (7) to twelve (12) children under the age of fourteen (14). Childcare hours would be between 6:30 a.m. and 6:30 p.m. An existing six foot fence surrounds an outdoor play area in the rear yard of the property. In order to maintain the residential nature of the property, Ms. Smith has asked for a waiver to the landscape buffer and screening requirements for the east and south property lines. The applicant owns the adjacent, vacant, corner lot to the west. Customers would mostly be dropping off and picking up the children in the morning and evening. Two (2) parking spaces, providing a three (3) point turn around in the front yard, will be required. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a home-based childcare facility in an R -S (Residential -Single Family Dwelling) District with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following conditions: 1. Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) and a waiver to the landscape buffer and screening requirements. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSION APPLICANT'S NAME: 0 f 1ti' (-I.. I APPLICANT'S ADDRESS:- APPLICANT'S DDRESS:APPLICANT'S PHONE #:_ NAME OF OWNER: ---L ADDRESS OF OWNER: CITY COUNCIL, CITY OF BEAUMONT, TEXAS LOCATION OF PROPERTY: ';6 C.-�:\ LEGAL DESCRIPTION OF PROPERTY: LOT NO. L I c - BLOCK NO. I ADDITION C t) NUMBER OF ACRES + 31 Y'V\- A � e -V\' l;L � OR.' TRACT PLAT FAX #: 5 ALMA 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 legal field note description. PROPOSED USE: I -level b C'r 'Id C� i ZONE: k --5 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 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN V2 ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan sh a er - o amende nd approved by City Council SIGNATURE OF APPLICANT: 7DATE: SIGNATURE OF OWNER: . It (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DMSION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. The Zoning Ordinance requires that these Eight Condition must be met before a specific use permit can be Issued: That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; YES will Be Compatible That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided: W The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian without adversely affecting the general public or adjacent development; 111 111111111 1%; Will MesWD a` , w ! w w w M Location, height and type of each existed or required wall, fence, and all other types of screening Please see the attachment Location, height and size of all proposed signs No Text That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration; Yes That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; Yes That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; landscaping wa�er That the proposed use is in accordance with Comprehensive Plan; Proposed required landscaping and screening buffers k APPI v-\-5 '+ - � 1 k1,5 &�Vekbw6go Location and dimensions of all curb cuts, public and eY private streets, required parking and loading areas, pedestrian walks, lighting facilities, and trash storage facilities Please see the attachment; 101ION 91OMI0[aaN1Is] ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A HOME-BASED CHILDCARE FACILITY IN AN R -S (RESIDENTIAL -SINGLE FAMILY DWELLING) DISTRICT AT 675 ALMA STREET IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Carol Smith has applied for a specific use permit to allow a home- based childcare facility in an R -S (Residential -Single Family Dwelling) District at 675 Alma Street, being Lots 1 & 2, Block 10 Jeff Chaison Addition, Beaumont, Jefferson County, Texas, containing 0.32 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 home-based childcare facility in an R -S (Residential -Single Family Dwelling) District at 675 Alma Street, with a waiver to the landscape buffer and screening requirements, subject to the following condition: and, • Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway) WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a home-based childcare facility 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: 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 home-based childcare facility in an R -S (Residential -Single Family Dwelling) District at 675 Alma Street, being Lots 1 & 2, Block 10, Jeff Chaison Addition, Beaumont, Jefferson County, Texas, containing 0.32 acres, more or less as shown on Exhibit "A," is hereby granted to Carol Smith, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, with a waiver to the landscape buffer and screening requirements, subject to the following condition: • Two (2) paved parking spaces, one being for handicap access, meeting city requirements be installed on the property (to the left or right hand side of the driveway). 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - le, 2289P: A request for a Specific Use Permit to allow a home-based childcare an R -S (Residential -Single Family Dwelling) District. oplicant: Carol P. Smith cation: 675 Alma Street lWe I "-*"I "ITA 0 100 200 !F a " I 2\,A.3 O __ a a ,, IISIHXD iv,) -ToNvo }au'IegolG�gs�..ai�eqeq flew-� 1018-998 C60�) =xe� 0018-998 (root) 90LLL sexaJ- 'Iuowneag O ming sRpel� CINVOG IVNIMVNa s,V(3rw � f I ! ! ! Q 1 3�IzlQ o �o - ( Irn x 1 x i XJ x I � x o x r- x m � x I x ItWp x x Lo Eu ry 01-/�_ Z 107 x i 0 I l 107 x x 1SIX9-' �x x x > x x x x x x x x x I ENI -I 00-C)VI 2 March 28, 2017 Consider a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD(General Commercial -Multiple Dwelling) District located at 1175 Reynolds Road BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC-MD(General Commercial -Multiple Dwelling) District located at 1175 Reynolds Road. BACKGROUND Jill Broussard Schwertner is attempting to sell, or lease, the property located at 1175 Reynolds Road. Although contractors have previously been located here, the property is zoned GC -MD (General Commercial - Multiple Family Dwelling) which does not allow for outside storage or a laydown yard without a Specific Use Permit. Multiple buyers/tenants have showed interest in the property, but they all require outside storage. Property located to the east is zoned LI (Light Industrial) and the requested uses would blend well with neighboring uses. A property to the south, also zoned GC -MD will serve as a buffer to the proposed uses. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC -MD (General Commercial -Multiple Family Dwelling) District with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following condition: 1. Six (6) parking spaces, meeting city requirements, must be delineated on the property. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COMMISSIONANDCITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: :7"11—L:7"11—L j/O USS.4XV sC f�L,/ERTA/ Q APPLICANTS ADDRESS: Z-155- 7UXA1;W4 Lr &W Pe,- e6WVA�W,- jah$ 7770t APPLICANTS PHONE #: 409-2B4431-.5 FAX #: NAMEOFOWNER: Pb/IIW-D /f ;8RDUSS4RD (OECE17seD ADDRESS OF OWNER: 77-53- -f 4R/A1`W(' LbW,� D�• - j3EAt/MoA1 � �/9s 77 %'0 � LOCATION OF PROPERTY: 1175 RCI Wp1 p5 RaC> v BE -A /nl0A] % z 76 '7-7-7c-7 LEGAL DESCRIPTION OF PROPERTY: LOT 1 BLOCK NO. 3 ADDITION WFr CACP --k t � AWES NUMBER OF ACRES /= 7 7/15- 1W.9 I> 1W.9 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 legal field note description. PROPOSED USE: 6Ffr c'' 441W 1101tss WN Otgss -,f j�/Q/�►F/ ZONE: 6C- mb ATTACH A LETTER describing al 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'/s" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN 1/2 ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. SIGNATURE OF APPLICANT: 1� SIGNATURE OF OWNER: I PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED:' Phone - (409) 880-3764 Fax - (409) 880-3133 �.*•s�*�*ass*�*********.,*�**���***�*«*�*********«*******•s•***s•**s***sr**�****�«**+.,*******::*+++*��****«****s*****.� PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. February 24, 2017 2255 Turningleaf Dr. Beaumont, Texas 77706 City of Beaumont Planning Division 801 Main Street, Room 201 Beaumont, Texas 77701 RE: 1175 Reynolds Road in Beaumont, Texas To Whom It May Concern: For your review and consideration, I am submitting a Specific Use Permit Application on the above referenced property, which is owned by Ronald P. Broussard who is my late husband who passed away on December 5, 2002. There have been three (3) prospective users, two of which have been buyers and one of which was a tenant, that have recently considered this property as a location for their respective businesses; however, they have all been informed that the City of Beaumont will require a Specific Use Permit as their proposed uses will include outside storage space and/or a lay -down yard. The Specific Use for outside storage / lay down yard for storing equipment, inventory, and materials should be compatible with the adjoining uses, which are as follows: • North Side: car wash facility, which is zoned GC -MD. • East Side: zoned LI, and is occupied Manufacturing Solutions Industries, Inc., which specializes in the design and manufacture of equipment for the industrial fastener industry. • South Side: Storage units, and which is zoned GC -MD. • West Side: the Knights of Columbus Hall is across Reynolds Road, and is zoned GC - MD. The property at 1175 Reynolds Road, which is currently zoned GC -MD, has a 6,000 sf office - warehouse facility and a portable shed of approximately 784 sf on a 1.2715+/- acre tract (per JCAD). The office -warehouse facility, which was completed in 1999, consists of 1,740+/- sf office space and 4,260+/- sf warehouse space serviced by four (4) overhead doors at grade level. The property has a chain link fence on all sides, and is accessed by an electronic sliding gate near the south property line. The yard has approximately 12,400 square feet of concrete surfaced area which serves to provide parking for the employees, a truck court / turning area for delivery vehicles accessing the warehouse, and for outside storage. Additionally, there is approximately SPECIFIC USE PERMIT- 1175 REYNOLDS ROAD - BEAUMONT - 01 022317 February 24, 2017 2255 Turningleaf Dr. Beaumont, Texas 77706 10,000 square feet of stabilized soils and a large grass covered area, all of which is within the fenced portion of the property and which can be utilized for the storing of equipment, inventory, and materials. Bruce's General Construction has utilized the improvements and the yard space as part of its general contracting business from 1999 until November, 2016. The wide access drive with a gate set back off of Reynolds Road provides for easy access to the yard space without having an adverse impact on the traffic along Reynolds Road. The large yard area should provide for ample parking and not have any impact on the any of the neighboring properties. To my knowledge, the users currently considering the property will not be emitting any offensive odor, fumes, dust, noise, or vibration. There should be sufficient lighting for the property at 1175 Reynolds Road as there is one wall pack light and one spotlight which shines to the east on the east side of the building, three wall pack lights on the north side of the building, and one wall pack light on the west side of the building. None of the existing lighting should have an adverse impact on the neighboring properties. The intersection of Reynolds Road and College Street is 0.9 miles west of the intersection of Major Drive and College Street, and 0.3 miles east of the intersection of College Street and Meeker Road which is where the Beaumont Municipal Airport is located. There are several users along the south side of College Street between Major Drive and Reynolds which have outside storage areas. The entry to the property at 1175 Reynolds Road is situated approximately 450 feet south of College Street. I am requesting a Specific Use Permit to allow the current or future owner and / or tenant of the property to be able to store equipment, inventory, and materials within the fenced yard space much like it has been utilized during the years that it was occupied by Bruce's General Construction. Your consideration of this request is appreciated. Please do not hesitate to call me at 409-284- 4313 if you should have any questions or require additional information. SPECIFIC USE PERMIT - 1175 REYNOLDS ROAD - BEAUMONT - 01 022317 February 24, 2017 2255 Turningleaf Dr. Beaumont, Texas 77706 Sincerely, Jill Broussard Schwertner SPECIFIC USE PERMIT- 1175 REYNOLDS ROAD - BEAUMONT - 01 022317 y I s I t 4 If ,. „�. v, , ,. II I•i'a .rat ;� , r y _ M i L 1Nin • ''gi�yb 171 Y' r n s^ /1 A f1 T v 6 1 his map is for illustrative purposes only and does riot represent a survey. It is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness. The user Owner Information BROUSSARD RONALD P 2255 TURNINGLEAF DR BEAUMONT TX 77706-7713 Owner ID: 83763 Ownership: 100.0000000000 Site Information Pro pI D : 111444 GeoID:067550-000-014500-00000-7 Site Address: 1175 REYNOLDS RD 19gal: WESCALDER FIG ACRES L5 B3 1.236 r ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW AN OFFICE/WAREHOUSE WITH OUTDOOR STORAGE IN A GC -MD (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT AT 1175 REYNOLDS ROAD IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Jill Broussard Schwertner has applied for a specific use permit to allow an office/warehouse with outdoor storage in a GC -MD (General Commercial - Multiple Family Dwelling) District at 1175 Reynolds Road, being Lot 5, Block 3, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, containing 1.2715 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 an office/warehouse with outdoor storage in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1175 Reynolds Road, subject to the following condition: and, • Six (6) parking spaces, meeting city requirements, must be delineated on the property WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow an office/warehouse with outdoor storage 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: THAT the statements and findings set out in the preamble to this ordinance are hereby, and adopted; and, Cor.+inn 1 That a specific use permit to allow an office/warehouse with outdoor storage in a GC -MD (General Commercial -Multiple Family Dwelling) District at 1175 Reynolds Road, being Lot 5, Block 3, Wescalder Fig Acres Addition, Beaumont, Jefferson County, Texas, containing 1.2715 acres, more or less as shown on Exhibit "A," is hereby granted to Jill Broussard Schwertner, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following condition: • Six (6) parking spaces, meeting city requirements, must be delineated on the property. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - File 2287-P: A request for a Specific Use Permit to allow an office/warehouse with outdoor storage in a GC -MD (General Commercial -Multiple Family Dwelling) District. Applicant: Jill Broussard Schwertner Location: 1175 Reynolds Road 0 100 200 1 1 1 I Feet r 2�J•Qa Plfs1.30.�171 Jefferson CA®_ TX nate Printed, July 7 90.16 ' 111446 5-B ®caner Ynformation This map Is for illustrative purposes only and does not represent a survey. Itis provided 'as Is' without warranty or any representation of accuracy, timeliness or completeness. The user acknowledges and accepts all Inherent limitations of the maps and data, Includino the fact that the maps and data are dynamic and In a constant state of maintenance. correction and revision. No liability is assumed by Jefferson County as to the accuracy of the date delineated hereon. BROUSSARD RONALD P 1"00 2255 TURNINGLEAF DR BEAUMONT TX 77706-771$ ses-41' Owner ID: 83763 i % Ownership: 100.000000"0000 y Site Information ' ! PropID: 111444 ! 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March 28, 2017 Consider a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District located at 4710 Highland Avenue TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 28, 2017 REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District located at 4710 Highland Avenue. BACKGROUND MyKeesha Sears would like to establish a frozen treat shop at 4710 Highland Avenue. Ms. Sears would like to sell frozen "cool cups," along with other snacks. The hours of operation will be from 11 a.m. to 7 p.m., seven (7) days per week. All seating for the establishment will be provided outdoors. All business will be conducted in the drive-through or at a walk-up window. If business allows, additional space has been included for future expansion for an office and additional storage. A waiver to the landscape buffer has been requested for the north and west property lines. An eight foot fence will be constructed along the west property line, but as there is an existing fence along the north property line, therefore, the applicant is requesting a waiver to the screening requirement along this side. At a Joint Public Hearing held on March 20, 2017, the Planning Commission recommended 8:0 to approve a request for a Specific Use Permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization Dwelling) District with the following waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the ordinance with the following waiver: 1. A waiver to the landscape buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 28, City Codes) TO: THE PLANNING COSSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: �ffl u ' asha- R ' S Qa4--s APPLICANT'S ADDRESS:- APPLICANT'S DDRESS: APPLICANT'S PHONE #: h O g ) -1 og C1 I FAX #: NAME OF OWNER: ADDRESS OF LOCATION OF PROPERTY: /411.0 k(G W.d -B L> A --I V- . LEGAL DESCRIPTION IPTION OF PROPERTY: LOT NO. { " 5 BLOCK N0. (` ADDITION �h 11 l-0044 NUMBER OF ACRES o 0 OR 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 legal field note description. PROPOSED USE:r® l(1 7oo l ZONE: 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 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN %z ACRE.................................................................$250.00 '/z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the site plan shall be adhered to as amended and approved by City Council. j SIGNATURE OF APPLICANT: DATE: SIGNATURE OF OWNER: _ (IF NOT APPLICANT) DATE:2 --47 - PLEASE TYPE OR PRINT AND SUZMIa T_T-gef CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 BEAUMONT, TX 77701 FILE NUMBER: DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. 5 This Frozen Treat establishment is formulated with all children "at heart" in mind; from toddlers, students, young adults, adults, and even the elderly. It is a welcoming environment designed to ease and end the tension of a hot and stress -filled day. This establishment will provide various frozen Cool Cups, lasting longer than an average snow cone because it is frozen solid instead of beginning with soft ice, as well as different varieties of other sweet treats, like ice-cream filled frozen Cool Cups, rainbow frozen Cool cups, sugar -free frozen Cool Cups for Diabetics, etc. Also, if a snack before dinner is needed, Nachos, Chili Cheese Dogs, small packaged chips, and bottled water will be available, Along with the business, extra storage space will be provided above the establishment (attic) for numerous overstocked items that will be on hand. The business will utilize more storage space for forthcoming product inventory and bulk ordered items in the near future while an office will be required to suit all of the clerical needs the business will undergo. To conclude, both of these factors will be added sometime in the future based on cost efficiency. Including these items in this Application in order to be approved when the opportunity presents itself when eliminate the extra step of having to apply for another Specific Use Permit. The hours of operation for MyKeesha's Sweet Treats is 11:00 AM to 7:00 PM, seven days a week. The establishment will start off with two employees and as time and production permits, the most that will be hired is five employees. The business will not be cooking, although it was explained to me if anything changed, a grease trap will be needed. This business will operate as a Drive-Thru/Walk-Thru". The customers will walk, ride, or drive up to get their numerous variety or treats. They can either sit out in front under a covered awning, or get their items to go—quick, easy, effortlessness. Once the establishment closes for the day, the employees will remain another two to three hours to replenish and clean the area to get ready for the next day. This is how the business will operate on a daily basis. The property and location is perfect for this newly starting business because of the numerous amount of schools in the 77705 zip code. Listed are as follows: Bingman PK Elementary School, 5265 S. Kenneth St, Beaumont, Texas 77705: 475 Students Blanchette Elementary School, 2550 Sarah Street, Beaumont, Texas 77705: 521 Students Evolution Academy Beaumont, 3920 West Cardinal Dr, Beaumont, Texas 77705: 40 Students Hamshire-Fannett Elem. School, 23395 Burrell Wingate Rd, Bmt, Tx 77705: 521 Students Hamshire-Fannett Elem. School, 11407 Dugat Rd., Beaumont, Texas 77705: 402 Students Hamshire-Fannett Middle School, 11375 Dugat Road, Beaumont, Texas 77705: 259 Students Odom Middle School, 2550 West Virginia Avenue, Beaumont, Texas 77705: 815 Students Ozen High School, 3443 Fannett Road, Beaumont, Texas 77705: 1102 Students Pietzsch/MacArthur Elem. School, 4301 Highland Ave, Bmt., Texas 77705: 946 Students South Park Middle School, 4500 Highland Avenue, Beaumont, Texas 77705: 410 Students With these surrounding schools, the total is 5,491. This will be a perfect Drive-Thru for all. In addressing the eight conditions in detail, please approve my Specific Use Permit for the community: 1) This establishment will be compatible with and not injurious to the enjoyment of other property by only allowing the opportunity to sit and eat within this area. Tables and benches will be provided. At this moment, I do not think this institution will cause problems with neighboring properties. Nothing will be able to significantly diminish or impair this property's values within the immediate vicinity, as I will be mindful of others' acreage. By doing this, I will provide the appropriate necessary and precautionary steps to secure this statement with trash pick-up—and everything pertaining to trash, by offering the option to some of the Middle School students to pick up trash around and within the surrounding areas for a treat. I will not let anything diminish anyone's or my own property's values. 2) That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property. 3) There will be adequate utilities, access roads, drainage. Other necessary supporting facilities will be provided as well. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development. I will do this by only utilizing the Highland Avenue for the Drive-Thru where the side street will not be affected. 5) To my knowledge, there will be no offensive odor, fumes, dust, noise and vibration to control. So I will not have to take any adequate nuisance prevention measures for this condition; but if I have to, it will be provided. 6) That directional lighting will be provided so as to not disturb or adversely affect neighboring properties. All security lighting will be shielded to protect other's property. 7) That there will be sufficient landscaping and screening to insure harmony and compatibility with adjacent property. Regarding this condition of the landscaping/screening, I will have all required landscaping for the parking areas. But I also would like to ask for a waiver for the 10 ft. wide landscaping buffer on the North and the West side property lines, and a waiver to the fence on the North property line, as there is already an existing fence. 8) and that the proposed use is in accordance with the Comprehensive Plan. Highland Avenue was intended to be a commercial street, so therefore, the answer is Yes, the proposed use will be in accordance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FROZEN TREAT SHOP IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 4710 HIGHLAND AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, MyKeesha Sears has applied for a specific use permit to allow a frozen treat shop in an RCR (Residential Conservation Revitalization) District at 4710 Highland Avenue, being Lots 1-5, Block 2, Shell Subdivision, Beaumont, Jefferson County, Texas, containing 0.31 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 frozen treat shop in an RCR (Residential Conservation Revitalization) District at 4710 Highland Avenue, with a waiver to the landscaping buffer along the north and west property lines, as well as a waiver to the screening requirement to the north; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a frozen treat shop 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: 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 frozen treat shop in an RCR (Residential Conservation Revitalization) District at 4710 Highland Avenue, being Lots 1-5, Block 2, Shell Subdivision, Beaumont, Jefferson County, Texas, containing 0.31 acres, more or less as shown on Exhibit "A," is hereby granted to MyKeesha Sears, her legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, with a waiver to the landscaping buffer along the north and west property lines, as well as a waiver to the screening requirement to the north. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of March, 2017. - Mayor Becky Ames - 2288-P: A request for a Specific Use Permit to allow a frozen treat shop in an R idential Conservation Revitalization) District. pplicant: Mykeesha B. Sears ocation: 4710 Highland Avenue 0 100 200 1 1 Feet EXHIBIT "A" ABANDON EXISTING DRIVEW14Y ON SHELL STREET FLOT PLAN SCALE: I"= 201 4110 HIGHLAND AVE. f3EAUMONT TEXAS \/ —�- i ---- EXISTINGs I /4POwER j n --- FENCE --7 FENCE _ {�REA 0.;.i EXIST. LOT 1-5 BL.K 2 Q SHELL SU5DY. � i TREE / / ' 1,�1,lu DATE: 2-254110' Vl^n FIREI-IYDRANT LOCATED ON SHELL 6' LANSDSCAPE - BUFFER CREPE MYRTLE TREES 10- T A i I 0'TALL EVERY 210' 4 ATELIAS v v v vv v ASKING FOR A WAVER AAON LANDSCAPE BUFFER T REAR OF PRPOERTY 120.00 PROPERT`I' LINE ' PROPERTY LINE MAINTAINED o 3' TALL SIDEWALK SIDEWALK 18" GULVEJRTTS �- 18" CULVERTS HIGHLAND AVENUE fffnn-%,If-% A is V -»o All 1116,1/"_ 15 .4-N A fnv% I Mir e =1=.P Lld'.P� SI I I;=I=T T9P;=ATc, \/ —�- i ---- EXISTINGs I /4POwER j / - D ' NEW 8TALL w00 --- FENCE --7 FENCE _ {�REA 0.;.i EXIST. X0/7 LIN1= POLE I / EXISTING MANHOLIE i TREE / / 3 I LOT 5 f LOT •4 ' /i.OT 2 LOT 1 Itu / PA ;: := s' x SPA ES 1 ' w z I GREEN ARS � ...:: •.,:°.:: / ' I 25BUILDINCx/LINE - O .... :• 1:±;:: r:. - t6L I fl QI / f / 1 m I / 0 r f / A• CONI= Y tu •.�•• ,, i.,, ,,;. J 'Q' Yr Lu / I \ - •'RAM . I I 0 i �., - `i S �. y, .�y �k �O }— / 18-0 I y'': - •.t' ..Y. z :Y.,.: - I- CD ,•r:,• ,•+::Y::y,. , lel - 40 —Old EXIT [� Q FUTURE XPAN51ON :•;• 4I :..tee : t:::•: Q / 4: 43 ;'. ''' O �• „;,:; :.: n, X I W a�pACE ':s9:• "tu'' r 'XIS' N`Q- EXIT- i IT META 1 �3LDCz - O'= %!L,•V — SWEET i, ,.n :k O PPROX. % IN ATTIC ENTRAI`ICEu- i RAMP n,; n 0 I WINDOW 2� D 414 1 cx �G LINE ;30 —1 11 •40 —0 LICx T SIGN ON —it"'"'" - f I WALK FRONT OF _- iO ;h;: CxREEN ARE l . ! _ N ' PROPERTY LINE MAINTAINED o 3' TALL SIDEWALK SIDEWALK 18" GULVEJRTTS �- 18" CULVERTS HIGHLAND AVENUE fffnn-%,If-% A is V -»o All 1116,1/"_ 15 .4-N A fnv% I Mir e =1=.P Lld'.P� SI I I;=I=T T9P;=ATc, PUBLIC HEARING Receive comments from applicants requesting funds from the proposed 2017 Community Development Block Grant Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: March 28, 2017 REQUESTED ACTION: Council conduct a Public Hearing to hear applicant requests for funding from the 2017 Community Development Block Grant Program. BACKGROUND Applicants for Public Services and Public Facilities and Improvements funding from the 2017 Community Development Block Grant Program will have the opportunity at this Public Hearing to present details of their applications and answer questions from the City Council. In addition, the public will have the opportunity to comment on the proposed 2017 Community Development Block Grant Program. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant funds. CDBG 2017 Applicants for Public Services/Public Facilities Community Public Services/Housing/Educational 1. CATHOLIC CHARITIES $7,638 Funding will be used to reimburse a percentage of the salary for the (ABC) Program Director for the Asset Building Case Management Program. These expenses include but are not limited to personnel costs, allocated management and general expenses, printing, materials, supplies and volunteer training. 2. CHILD ABUSE AND FORENSIC SERVICES $10,000 Funding will be used to reimburse a portion of salary costs associated with the on call services ($2.75/hr) and examinations ($300.00 per exam) provided to low/moderate income victims of sexual assault that occur after hours and weekends. Purchase of a laptop and educational material. 3. FAMILY SERVICES OF SOUTHEAST TEXAS $10,000 Funding will be used to reimburse repair/maintenance expenses, of the building/grounds and utility costs for the shelter that houses victims of domestic abuse and their children. IV I 4. GIRL'S HAVEN $10,000 Funding will be used to pay for the psychiatric treatment, individual and group therapy for residents, trainings for independent living and of staff and Ehrhart teachers. 5. HABITAT FOR HUMANITY $10,000 Funding combined with additional funding sources will be used to construct a single family home at 4432 Galveston for a low to moderate income family. 6. HENRY'S PLACE/SOME OTHER PLACE $10,000 Funding will be used to pay for operational costs at a facility that serves homeless, mentally disabled persons. Costs to include: assistance with utility bills, repair/maintenance of equipment, office/custodial supplies, salaries and professional fees. 7. HOPE WOMEN'S RESOURCE CLINIC $10,000 Funding will be used to develop a grassy lot into a recreational area for the low to moderate income clients that are provided confidential counseling, pregnancy testing, educational classes and community referrals. 8. I.E.A. (INSPIRE, ENCOURAGE, ACHIEVE) $10,000 Funding for the implementation of activities that will benefit the youth, that are a part of the juvenile justice center, as well as those who are at risk of delinquency by providing them with learning and literacy sessions. Funding will be used to pay the salaries of the Project Coordinator and Educational providers, to pay for transportation costs, vehicle maintenance and fuel to transfer the students and to purchase project supplies. 9. JULIE ROGER'S GIFT OF LIFE PROGRAM $10,000 Funding will be used to provide prostate cancer, cholesterol and primary care tests screenings for more than 200 low to moderate income men. Cost to purchase educational outreach literature (cancer, tobacco, nutrition, and exercise) and to pay for the rental of a facility for the outreach events. 10. NUTRITION AND SERVICES FOR SENIORS $8,386.57 Funding will be used to purchase kitchen equipment: (1) food slicer and (1) pass-thru mobile heated cabinet, for the Meals on Wheels Program which provides a hot meal to the homebound senior citizens of our community that are low to moderate income. 11. SETX FAMILY RESOURCE CENTER $10,000 Funding will be used to facilitate an after-school and summer enrichment program, building and vehicle maintenance costs and repairs, supplies for the Jazzy Seniors Program, costs to include (health screenings, family activity nights, food distribution, and resource referrals, kitchen supplies, and paper/plastic goods). Funding will also enhance educational programs, computer literacy (ink/paper, educational & learning software and copier machine toner), GED library (books, books on tape, music and equipment). All services provided to benefit the low to moderate income areas of Beaumont. 12. SOUTHEAST TEXAS FOOD BANK $9,000 Funding will be used to purchase food that will be distributed to low to moderate income families. 13. Tender Loving Care/Legacy CDC $7,500 Funding will be used to cover the costs of the Home Buyers Education Certification and Credit Counseling courses which are Public Facilities needed for clients to participate in the I' Time Homebuyers Program, for the City of Beaumont. The financial and credit counseling is provided to low income families and residents of Beaumont that desire to purchase a home. 14. The H.O. W. Center $10,000 Funding will be used to repair the roof on Dorms # 1, #2 and the kitchen/dining hall. The Center provides shelter and educational opportunities, job training and other services for low to moderate income men who are recovering from substance and/or alcohol addiction. 15. YOUNG AMERICANS OVERSEAS $10,000 Funding will be used purchase and install a fence around the Women Veterans and First Responder garden that will be built in the north end of Beaumont. Costs will include the additional purchase of gravel, dirt, wood, plants and garden products. The vegetables grown will be given to low income families.