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Home My WebLink AboutPACKET SEPT 03 2002 r IL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 3, 2002 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on items listed on the Consent Agenda Consent Agenda GENERAL BUSINESS 1. PUBLIC HEARING: FY 2003 Proposed Budget 2. PUBLIC HEARING: FY 2003 Capital Improvement Program 3. PUBLIC HEARING: 2002 (FY 2003) Proposed Tax Rate of$0.67 Consider setting and announcing the date of the City Council meeting at which the Council will vote on the tax rate COMMENTS Councilmembers comment on various matter * Public Comment (Persons are limited to three minutes) EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Beaumont Professional Firefighters Local 399 Columbus Broussard v. City of Beaumont, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. l September 03,2002 PUBLIC HEARING: FY 2003 Proposed Budget . f City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 3, 2002 AGENDA MEMO DATE: August 27, 2002 REQUESTED ACTION: Hold Public Hearing on FY 2003 Proposed Budget RECOMMENDATION It is recommended that Council hold a public hearing as scheduled on the Proposed FY 2003 Budget submitted to Council on August 13, 2002. BACKGROUND The FY 2003 Proposed Budget was submitted to Council on August 13, 2002. Public meetings were held in Wards I, III and IV using a PowerPoint slide presentation and included discussion of significant issues impacting the FY 2003 budget process and the challenge to produce a balanced budget. A meeting for Ward II is scheduled for 7:00 p.m. September 3, 2002. BUDGETARY IMPACT Proposed appropriation, net of contingency, for all funds totals $152,678,000. PREVIOUS ACTION As required by Article VI, Sections 2 and 4 of the City Charter the FY 2003 Proposed Budget was submitted to Council on August 13, 2002 and the notice of the public hearing was published August 26, 2002. SUBSEQUENT ACTION The FY 2003 Budget must be adopted no later than September 27, 2002. The FY 2003 Budget is proposed for adoption on September 17, 2002. Council Agenda Item Page 2 September 3, 2002 RECOMMENDED BY City Manager RECOMMENDED MOTION No motion necessary. 2 September 03,2002 PUBLIC HEARING: FY 2003 Capital Improvement Program City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 3, 2002 AGENDA MEMO DATE: August 30, 2002 REQUESTED ACTION: Hold Public Hearing on FY 2003 Capital Improvement Program RECOMMENDATION It is recommended that Council hold a public hearing as scheduled on the FY 2003 Capital Improvement Program originally submitted to Council on May 14, 2002. BACKGROUND The FY 2003 CIP was submitted to Council on May 14, 2002. Public meetings were held in Wards I, III and IV using a PowerPoint slide presentation and included discussion of the FY 2003 CIP as well as the FY 2003 Proposed Budget. A meeting for Ward II is scheduled for 7:00 p.m. September 3, 2002. BUDGETARY IMPACT The FY 2003 CIP totals $80,900,900 and includes $68,370,000 in Public Works Improvements and $12,530,900 in General Improvements. PREVIOUS ACTION As required by Article VI, Sections 19 and 20 of the City Charter the FY 2003 CIP was submitted to Council on May 14, 2002 and the notice of the public hearing was published August 26, 2002. SUBSEQUENT ACTION The FY 2003 CIP must be adopted no later than September 27, 2002. The FY 2003 CIP is proposed for adoption on September 17, 2002. Council Agenda Item Page 2 September 3, 2002 RECOMMENDED BY City Manager RECOMMENDED MOTION No motion necessary. 3 September 03,2002 PUBLIC HEARING: 2002 (FY 2003) Proposed Tax Rate of$0.67 ...... Cit of Beaumont y •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 3, 2002 AGENDA MEMO DATE: August 30, 2002 REQUESTED ACTION: Hold Public Hearing on the 2002 (FY 2003) Proposed Tax Rate of$0.67 and set and announce the date of the meeting at which the City Council will vote on the tax rate. RECOMMENDATION It is recommended that Council hold a public hearing as scheduled on the Proposed 2002 (FY 2003) tax rate of$0.67. Also, in accordance with the Property Tax Code the Council must set and announce the date of the meeting at which it will vote on the tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. A Notice of Public Hearing of Tax Increase was published August 26, 2002 regarding the proposal to increase total tax revenue from properties on the tax roll by 4.99%. The percent change to the homeowner is dependent on their taxable value. BUDGETARY IMPACT Currently, the tax rate for the City of Beaumont is $0.635. The tax rate required to support the City Managers proposed budget is $0.67. The estimated impact of the proposed $0.035 tax increase is $1,897,000 which includes the effect on industrial agreements. PREVIOUS ACTION On August 13, 2002 City Council took a record vote to place the proposal to adopt a tax rate of$0.67 on the agenda of a future meeting. The motion passed and a public hearing was scheduled for September 3, 2002. Council Agenda Item Page 2 September 3, 2002 SUBSEQUENT ACTION The City Clerk will publish the required Notice to Vote on Tax Rate which will include the date, time and location of the meeting as well as the percentage increase in total revenues based on the rate established by Council at the end of the public hearing. As required by the Property Tax Code the meeting to vote on the tax rate must take place no less than three days and no more than 14 days after the public hearing or the Notice to Vote on Tax Rate with revised date, time and location must be republished. The date proposed to adopt the tax rate is September 17, 2002. The FY 2003 Budget must be adopted before the vote on the tax rate. Both can be done at the same meeting as long as the budget is adopted first. RECOMMENDED BY City Manager RECOMMENDED MOTION Council is requested to set and announce the date of the meeting at which it will vote on the tax rate of$0.67 as September 17, 2002. - ° L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 3, 2002 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute the Form ROW U-43,the Three Party Agreement for the Millennium Pipeline Company, L. P., on the FM 364 Major Drive Improvement Project A aw- City of Beaumont i Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 3, 2002 AGENDA MEMO DATE: August 27, 2002 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute the Form ROW U-43,the Three Party Utility Agreement for the Millennium Pipeline Company,L.P.,on the FM 364 Major Drive Improvement Project. RECOMMENDATION Administration recommends the City Manager be authorized to execute Form ROW U-43. BACKGROUND The City of Beaumont,in cooperation with the Texas Department of Transportation has entered into an agreement to make improvements to FM 364/Major Drive from Humble Road to I-10. Part of this agreement is to have any adjustments that may need to be made by both pipeline and utility companies submitted to the State for approval prior to authorizing any work to be done. The Form ROW U-43 must be executed by all parties involved as part of this process. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager,Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the City Manager to execute the Form ROW U-43,the Three Party Utility Agreement for the Millennium Pipeline Company, L. P., on the FM 364 Major Drive Improvement Project. Form ROW-U-43 7/2000 (Replaces Form D-15-43) (Electronic version GSD-EPC Word 97) Page I of 2 THREE PARTY UTILITY AGREEMENT Agreement No. County: Jefferson ROW CSJ No.: 0786-01-064 Federal Project No.: DPR 0057 (001 ) Highway No.: FM 364 Contract No.: Account No.: 9120-00-01 This Agreement by and between the State of Texas,acting by and through the Texas Transportation Commission,hereinafter called the State,and The City of Beaumont,Texas, acting by and through its duly authorized official under Ordinance No.: dated the day of ,hereinafter called the City,and Millennium Pipeline Company, L.P. , acting by and through its duly authorized representative,hereinafter called the Owner,shall be r effective on the date of approval and execution by the State. WHEREAS, it has been determined necessary to make certain highway improvements in the State Highway System as designated by the State and generally described as follows: Jefferson County; FM 364; located from SH 124 To SH 105. WHEREAS,the State and the City have previous to this date entered into a contractual agreement, agreeing to handle by separate agreement the adjustment, removal or relocation of certain utility facilities necessitated as a result of highway improvements on the hereinabove designated project on the basis of an 80/20 State to City funding/participation ratio with the 80%State portion being in fact federal funds in which the State acts as steward; and, WHEREAS,the State as steward, and the City will participate in the costs of relocating and adjusting certain facilities of the Owner to the extent as may be eligible for State participation under Transportation Code,Title 6, Chap.203, Sec. 203.092;and, WHEREAS, the Owner, in Affidavit, Form D-15-U 1,dated 7/17 2002 , has asserted an interest in certain lands and that this proposed highway improvement will necessitate the adjustment, removal or relocation of certain facilities of the Owner now located upon such lands as indicated in the following statement of work: and WHEREAS,the State will administer federal funds in payment of the costs incurred in the adjusting of Owner's facilities under provisions of Title 23 Code of Federal Regulations, Part 645; and. WHEREAS, the State and the City desire to accomplish the adjustment, removal or relocation of the Owner's utility facilities by entering into an agreement with the Owner and such work is shown in more detail in Owner's preliminary plans,specifications and cost estimates which are attached hereto and made a part hereof,and which are prepared in the form and manner required by Title 23 Code of Federal Regulations, Part 645 and; WHEREAS,the State, City, and Owner wish to document their agreement for the effectuation of these terms, NOW,THEREFORE, BE IT MUTUALLY AGREED: The City will pay to the Owner the costs incurred in relocating and adjusting Owner's facilities up to the amount said costs may be eli zible for state and federal cost participation with the State then reimbursing the Citv. The Owner has determined that the method to be used in developing the relocation or adjustment costs shall be as specified for the method checked and described hereafter: (I)Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable federal or state regulatory body. _(2)Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the State. _(3)An agreed lump sum of$ ,as supported by the detailed itemization of estimated costs attached hereto. Upon execution of this agreement by the parties hereto the City will,by written notice,authorize the Owner to proceed with the necessary adjustment,removal or relocation,and the Owner agrees to prosecute such work diligently in accordance with the plans attached hereto,to completion in such manner as will not result in avoidable interference or delay in either the State's highway construction or in the said work. Such authorization to proceed shall constitute notice on the part of the State that the utility relocation has been included in an approved program as an item of right of way acquisition,that a project agreement which includes the work has or will be executed,and that the utility relocation or adjustment will be required by the final approved project agreement and plans. If costs are developed under procedure(1)or(2)as before specified,upon satisfactory completion of the relocation or adjustment and upon receipt of a final billing from the Owner prepared in form and manner as prescribed by Title 23 Code of Federal Regulations Part 645 and after the required audit,the City will pay to the Owner the full amount of costs found eligible by said audit and the costs paid by the City pursuant to this agreement shall be full compensation to the Owner for the costs incurred in making such adjustment,removal or relocation.Bills for work contemplated herein shall be submitted to the City not later than ninety(90)days after completion of the work. The State will reimburse the City in an amount equal to eighty(80%)percent of the payment to the Owner by the City upon receipt of evidence and certificate that payment in this amount has been made to the Owner. The City agrees that if requested by the Owner,it will pay ninety(90%)percent of the total billed costs to the Owner upon receipt of Owner's final bill resulting in a ten(10%)percent retainage pending audit results. The City may elect to request its eighty(80%)percent reimbursement from the State if this option is elected. And,accordingly,upon conclusion of the audit and settlement of its findings all remaining retainage is to be promptly paid the Owner by the City and the City agrees to promptly request final reimbursement from the State. If costs are developed under procedure(3)as before specified,the City will,upon satisfactory completion of the relocation and adjustment by the Owner and upon receipt of a billing prepared in acceptable form,make payment to Owner in the agreed to amount.And as before,the City may then claim eighty(80%)reimbursement from the State. In this instance,no audit shall be required prior to paymnent. Form D-15-48 enclosed with Owner's preliminary estimate attached to this agreement,is approved as complying with Title 23,Code of Federal Regulations,Part 645,Sec.645.115 and Owner is authorized,but not required,to contract such work. The preliminary estimate will indicate the extent to which work is to be performed under each contract. Other work shall be contracted by Owner only with approval of the State in accordance with Title 23,Code of Federal Regulations,Part 645. In the event it is determined that a substantial change from the statement of work contained in this agreement is required, reimbursement therefor shall be limited to costs covered by a modification of this agreement or a written change or extra work order approved by the State. It is expressly understood that this agreement is subject to cancellation by the State at any time up to the date that work under this agreement has been authorized and that such cancellation will not create any liability on the part of the State. The Owner by execution of this agreement does not waive any of the rights which Owner may legally have within the limits of the law. City of BEAUMONT, TEXAS EXECUTION RECOMMENDED: By: C i t v M a n a q e r District Engineer,Texas Department of Transportation District ATTEST: — - THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders,established policies, j or work programs heretofore approved and authorized by the Owner: Millennium Pipeline Company, L.P. Texas Transportation Commission By: ilk C_ / By. Director,Right of Way Division Title: President and COO Date: Date: July 17, 2002 i