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HomeMy WebLinkAboutPACKET SEPT 14 2004 'A 401 A. City ,of Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 14, 2004 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 4, 6 & 7/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Hold a Joint Public Hearing on the FY 2005 Proposed Budget and the FY 2005 Capital Improvement Program(CIP) 2. Consider adopting the FY 2005 Budget 3. Consider adopting the FY 2005 Capital Improvement Program(CIP) 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2004 5. Consider approving a request for a specific use:permit to allow a residential care facility in an RCR(Residential Conservation.and Revitalization) District at 685 Irma 6. Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation 7. Consider granting the City Manager,authority to implement the contribution rate changes for retirees in the medical plans 8. Consider approving a one year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded Preferred Provider Organization (PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization(HMO) with HMO Blue Texas 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: Penni Simonson, et al v. City of Beaumont Douglas Manning, et al v City of Beaumont Sheila Broussard vs. 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. 1 September 14, 2004 Hold a Joint Public Hearing on the FY 2005 Proposed Budget and the FY 2005 Capital Improvement Program(CIP) QIE! City of Beaumont Council Agenda Item� c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 8, 2004 REQUESTED ACTION: Hold Joint Public Hearing on FY 2005 Proposed Budget and FY 2005 Capital Improvement Program (CIP). RECOMMENDATION It is recommended that Council hold a joint public hearing as scheduled on the Proposed FY 2005 Budget submitted to Council on August 10, 2004 and the CIP which was originally submitted on May 11, 2004. BACKGROUND The FY 2005 Proposed Budget was submitted to Council on August 10, 2004. A workshop was held August 24, 2004 and a public hearing was held August 31, 2004 both of which included a PowerPoint slide presentation and discussion of significant issues impacting the FY 2005 budget. The FY 2005 Capital Improvement Program was submitted to Council on May 11, 2004 with a PowerPoint presentation to Council on August 31, 2004. BUDGETARY IMPACT The proposed FY 2005 Budget appropriation for all funds, net of contingency, totals $164,767,900. Projects classified as current in the FY 2005 CIP total $58,848,000 and include $52,755,000 in Public Works Improvements and $6,093,000 in General Improvements. The total for planned projects in both categories is $56,110,000. Council Agenda Item Page 2 September 14, 2004 PREVIOUS ACTION As required by Article VI, Sections 2 and 4 of the City Charter, the FY 2005 Proposed Budget was submitted to Council on August 10, 2004; and as required by Sections 19 and 20, the FY 2005 CIP was submitted to Council on May 11, 2004. The notice of the public hearing on the Budget and CIP was published September 7, 2004. SUBSEQUENT ACTION The FY 2005 Budget and CIP must be adopted no later than September 27, 2004. The proposed date for adoption is September 14, 2004. RECOMMENDED BY City Manager and Finance Officer 2 September 14, 2004 Consider adopting the FY 2005 Budget tt-, :.. Cat of Beaumont y� Council Agenda Item tem TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 9, 2004 REQUESTED ACTION: Adopt FY 2005 Budget RECOMMENDATION Administration recommends Council adopt the FY 2005 Budget as submitted to Council on August 10, 2004. BACKGROUND Article VI, Section 8 of the City Charter requires that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." BUDGETARY IMPACT Proposed appropriation for all funds, net of contingency, totals $164,767,900. Additionally, a contingency appropriation of$1,500,000 is made for the General Fund. PREVIOUS ACTION Public hearings were held August 31, 2004 and September 14, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2004 AND ENDING SEPTEMBER 30, 2005 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT, REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2004 and ending September 30, 2005; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2004, and ending the 30th day of September, 2005, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $76,974,600 b. Debt Service $141182,800 C. Water Utilities $28,745,200 d. Solid Waste Management $8,618,600 e. Hotel Occupancy Tax $1,988,600 f. Street Maintenance $1,003,700 g. Municipal Transit $10,904,000 h. Other Special Revenue $1,851,500 I. Capital Reserve $2,404,300 j. Fleet Management $4,721,700 k. Employee Benefits $14,018,900 I. General Liability $854,000 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one line-item to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 6,946,038 7,160,532 8,545,292 10,359,392 REVENUES Sales and use tax 26,728,814 26,368,000 26,761,300 26,900,000 Property taxes 13,757,467 15,023,000 15,136,000 17,236,000 Industrial payments 11,757,638 11,920,300 11,920,300 11,461,100 Gross receipts tax 6,012,611 5,940,200 5,953,000 6,076,000 Utility fund in lieu 6,539,000 6,279,000 6,279,000 6,279,000 Charges for services 2,786,299 2,665,700 2,657,500 2,728,700 Fines and forfeits 1,905,118 1,926,500 1,889,000 1,905,000 Licenses and permits 1,296,384 1,159,100 1,260,000 1,176,700 Culture and recreation 801,386 757,300 736,200 722,400 Interest earnings 282,193 286,000 220,000 250,000 Miscellaneous revenue 789,287 604,100 724,800 740,000 TOTAL REVENUES 72,656,197 72,929,200 73,537,100 75,474,900 TOTAL AVAILABLE RESOURCES 79,602,235 80,089,732 82,082,392 85,834,292 EXPENDITURES Executive Office 1,240,309 1,306,000 1,171,500 1,186,500 City Clerk 1,001,977 229,600 217,100 231,700 City Attorney 603,790 622,900 615,700 671,900 Personnel and Benefits 643,045 683,800 696,700 731,100 Internal Services 6,511,155 8,707,900 8,535,200 8,925,000 Finance 1,105,378 2,003,000 1,939,300 2,023,800 Police 19,582,332 20,518,800 19,943,300 21,203,000 Fire 15,377,674 15,504,200 15,818,200 16,622,300 Public Health 4,388,477 4,560,300 4,230,400 4,600,700 Public Works 11,146,869 8,836,600 8,661,700 9,051,900 Libraries and Recreation 2,257,787 2,263,800 2,204,600 2,297,200 TOTAL EXPENDITURES 63,858,793 65,236,900 64,033,700 67,545,100 OTHER FINANCING USES: Transfers out 7,198,150 7,689,300 7,689,300 7,929,500 TOTAL APPROPRIATIONS 71,056,943 72,926,200 71,723,000 75,474,600 ENDING FUND BALANCE: Reserved for contingency - 1,500,000 - 1,500,000 Unreserved 8,545,292 5,663,532 10,359,392 8,859,692 TOTAL ENDING FUND BALANCE $ 8,545,292 7,163,532 12, 3 10,359692 Exhibit "A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES � Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 2,508,316 2,632,716 2,716,346 1,454,232 REVENUES Property taxes 12,920,360 12,929,000 13,119,000 12,949,000 Interest earnings 70,734 68,000 75,000 45,000 Miscellaneous revenue 328,761 340,700 340,700 337,100 Contributions from other funds 722,070 758,300 758,300 811,200 TOTAL REVENUES __14,041,925 14,096,000 14,293,000 14,142,300 TOTAL AVAILABLE RESOURCES 16,550,241 16,728,716 17,009,346 15,596,532 EXPENDITURES Principal and interest 13,812,897 13,903,800 13,862,500 14,174,800 Service charges 6,054 8,000 81000 8,000 Other operating expenses 14,944. _ - _ TOTAL.EXPENDITURES 13,833,895 13,911,800 13,870,500 14,182,800 OTHER FINANCING SOURCES(USES) Transfers out - (1,684,614) (1,684,614) - TOTAL APPROPRIATIONS - 15,596,414 15,555,114 - ENDING BALANCE $ 2671,66346, 1,1323 302 1,454,232 1,413,732 Exhibit "A" WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 4,498,252 3,932,955 3,972,833 5,787,733 REVENUES Water sales 15,009,183 15,016,000 15,250,000 15,617,000 Sewer charges 10,183,649 10,320,000 10,500,000 10,830,000 Other fees and charges 1,280,146 1,101,000 1,319,000 1,315,000 Interest $7,935 40,000 48,000 50,000 Miscellaneous revenue 11,577 5,200 75,000 9,000 TOTAL REVENUES 26,572,490 26,482,200 27,192,000 27,821,000 TOTAL AVAILABLE RESOURCES 31,070,742 30,415,155 31,164,833 33,608,733 EXPENDITURES Wages 4,455,463 4,738,300 4,582,000 4,776,900 Benefits 1,478,956 1,445,400 1,438,900 1,497,400 Supplies and equipment 1,967,585 2,039,900 1,784,600 1,857,200 Repair and maintenance 898,982 831,200 821,800 838,800 Utilities 1,616,772 1,509,300 1,801,100 1,807,400 Contract services 344,258 411,300 441,500 503,300 Capital 3,228,665 2,500,000 1,615,100 3,600,000 Debt service 6,820,128 6,826,000 6,826,000 7,767,100 Payment in lieu of taxes 5,239,000 4,973,000 4,973,000 4,973,000 Transfers to other funds 1,048,100 1,093,100 1,093,100 1,124,100 TOTAL EXPENDITURES 27,097,909 26,367,500 25,377,100 28,745,200 Unreserved 3,972,833 4,047,655 5,787,733 4,863,533 ENDING BALANCE $ 3,972,833 4,047655 5,787,733 4,863,533 Exhibit "A" SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 3,581,905 3,265,060 3,461,191 2,662,391 REVENUES Residential collections 4,982,428 5,000,000 5,100,000 5,100,000 Landfill fees 1,594,681 1,535,000 1,675,000 1,635,000 Clean community fees 267,712 265,000 265,000 265,000 Interest earnings 67,801 36,000 36,000 40,000 Miscellaneous revenue 199,557 45,000 61,000 55,000 TOTAL REVENUES 7,112,179 6,881,000 7,137,000 7,095,000 TOTAL AVAILABLE RESOURCES 10,694,084 10,146,060 10,598,191 9,757,391 EXPENDITURES Wages 2,100,464 2,263,000 2,232,800 2,251,000 Benefits 680,684 725,500 737,000 728,200 Supplies and equipment 474,155 531,400 538,200 651,700 Repair and maintenance 900,787 1,187,500 1,248,600 1,294,000 Utilities 36,292 37,500 36,800 35,800 Contract services 196,925 242,500 223,000 234,000 Capital 580,653 1,425,400 212,000 766,800 Debt service 393,933 798,300 798,300 731,700 Payment in lieu of taxes 1,300,000 1,306,000 1,306,000 1,306,000 Transfers to other funds 569,000 603,100 603,100 619,400 TOTAL EXPENDITURES 7,232,893 9,120,200 7,935,800 8,618,600 Unreserved 3,461,191 1,025,860 2,662,391 1,138,791 ENDING BALANCE $_ 31461,191 11025,860 2L662 391 _.1 138,791 Exhibit "A" ., HOTEL OCCUPANCY TAX FUND .. .. 3RM- w:a��?�. .. STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2403 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 368,865 351,766 349,088 274,188 REVENUES Gross receipts tax 1,619,399 1,580,000 1,700,000 1,700,000 Interest earnings 8,848 7,500 4,000 3,000 Miscellaneous revenues 13,914 16,000 71,700 16,400 TOTAL REVENUES 1,642,161 1,603,500 1,775,700 1,719,400 TOTAL AVAILABLE RESOURCES 2,011,026 1,955,266 2,124,788 1,993,588 EXPENDITURES Convention and Visitors Bureau 714,562 944,400 982,000 1,000,000 Convention Facilities 622,376 603,600 603,600 603,600 Designated Programs 325,000 345,000 265,000 385,000 TOTAL EXPENDITURES 1,661,938 1,893,000 1,850,600 1,988,600 ENDING BALANCE $ 349,088 _ _ 62,266 _ 274,188 4,988 Exhibit "A" STREET MAINTENANCE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 1,888,934 1,627,400 1,766,700 993,700 REVENUES Service charges 1,919 - 4,000 - Interest earnings 42,287 20,000 23,000 10,000 TOTAL REVENUES 44,206 20,000 27,000 10,000 TOTAL AVAILABLE RESOURCES 1,933,140 1,647,400 1,793,700 1,003,700 EXPENDITURES General construction 166,440 1,647,400 800,000 1,003,700 TOTAL EXPENDITURES 166,440 1,647,400 800,000 1,003,700 Unreserved 1,766,700 - 993,700 - ENDING BALANCE $ 1,766,700_ , - 9934700 - Exhibit "A7 n MUNICIPAL.TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 67,042 (42,959) (16,190) 14,210 REVENUES Service charges 565,924 661,200 600,000 600,000 Intergovernmental revenue 2,488,855 1,888,000 2,142,500 9,087,000 Interest 2$ _ _ _ Transfer from General Fund 1,275,000 1,200,000 1,200,000 1,300,000 TOTAL REVENUES 4,329,807 3,749,200 3942,500 10,987,000 TOTAL AVAILABLE RESOURCES 4,396,849 3,706,241 3,926,310 11,001,210 EXPENDITURES Contract services 3,411,246 3,600,000 3,600,000 3,650,000 Capital outlay 1,001,793 100,000 312,100 7,254,000 TOTAL EXPENDITURES 4,413,039 3,700,000 3,912,100 10,904,000 Unreserved (16,190) 6,241 14,210 97,210 ENDING BALANCE $ (16,190; 6,241 _. 14.210 9721 0 o ---r- ram Exhibit "A" OTHER SPECIAL REVENUE FUNDS STATEMENT OF REVENUES AND EXPENDITURES Balance FY 2005 Balance 10101104 Revenues Approp- 09/30105 Confiscated Goods $ 341,600 $ 5,000 $ 346,600 $ Tax Increment Financing 330,300 2,000 332,300 - Municipal Airport 41,600 89,000 130,600 - Texas Motor Carrier Violations 13,100 45,000 58,100 - Municipal Court Security Fee 12,000 66,000 78,000 Municipal Court Technology 176,900 93,000 269,900 Julie Rogers Theatre Endowment 235,400 4,000 139,400 100,000 (1) Tyrrell Historical library 124,700 2,000 126,700 - Expendable Trust 160,700 23,900 184,600 - Library Trust 122,800 5,000 127,800 - Library Endowment 792,300 12,000 43,700 760,600 (1) Historical Fire Museum 5,700 8,100 1�3 800_ TOTAL $557,100 $ 355,000 $ 1,851.500 $ 860,600 (1) UrM)VWKWAe 0rKbWnWW# Exhibit W FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2003 FY 2004 FY 2004 FY 2005 BEGINNING BALANCE $ 364,234 588,435 344,019 592,019 REVENUES User fees 4,048,412 4,350,900 4,579,300 4,561,300 Interest earnings 3,656 2,000 1,600 1,500 Miscellaneous revenue - - 4,800 - TOTAL REVENUES 4,052,068 4,352,900 4,585,700 4,562,800 TOTAL AVAILABLE RESOURCES 4,416,302 4,941,335 4,929,719 5,154,819 EXPENDITURES Wages 825,359 917,300 868,500 934,900 Benefits 258,461 268,500 262,500 286,300 Supplies and equipment 906,760 926,500 926,800 961,800 Repair and maintenance 1,287,692 1,518,200 1,439,200 1,580,100 Utilities 46,211 44,800 45,900 46,700 Contract services 552,646 501,200 548,300 539,700 Equipment 22,754 3,600 71,200 179,700 Transfers out 172,400 175,300 175,300 192,500 TOTAL EXPENDITURES 4,072,283 4,355,400 4,337,700 4,721,700 Reserved for inventory 344,019 350,000 350,000 350,000 Unreserved - 235,935 242,019 83,119 ENDING BALANCE $ X3441019 585,935 592 019 433,119 Exhibit "A" 3 September 14,2004 Consider adopting the FY 2005 Capital Improvement Program(CIP) City of Beaumont CIE. ...I!. i 1mr-111ILTIL91 IM#=EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 9, 2004 REQUESTED ACTION: Adopt FY 2005 Capital Improvement Program (CIP) RECOMMENDATION Administration recommends Council adopt the FY 2005 CIP as submitted to Council May 11, 2004. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." BUDGETARY IMPACT Projects classified as current in the FY 2005 CIP total $58,848,000 and include $52,755,000 in Public Works Improvements and $6,093,000 in General Improvements. The total for planned projects in both categories is $56,110,000. PREVIOUS ACTION The CIP was submitted to Council on May 11, 2004 and reviewed during a workshop on August 31, 2004. Public hearings were held on August 31, 2004 and September 14, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2005 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A". A public hearing was held at 1:30 PM on September 14, 2004 in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM PUBLIC WORKS PROJECTS FY 2005-2009 Estimated Estimated FY 2005 Future Anticipated Project Expenditures Planned Funding Construction Current Projects Cost at FYE 2004 Expenditures Required Start Date Virginia-Mercantile to Avenue A $ 2,700,000 1,193,000 1,507,000 Calder-Main to W. Lucas - 2004 11,300,000 - 370,000 10,930,000 2007 Downtown Improvements Pearl-College to Calder 1,000,000 875,000 125,000 2004 Delaware-Dowlen to Major 3,660,000 1,740,000 1,920,000 - 2003 Concord IV-E. Lucas to Hwy 105 9,540,000 (1,3) 140,000 720,000 8,680,000 2007 Phelan-Major to Keith 2,420,000 (3) 125,000 845,000 1,450,000 2005 Main-Calder to Blanchette 3,250,000 160,000 730,000 2,360,000 2005 Old Dowlen-Dowlen to Hwy 105 3,000,000 (2,3) 40,000 995,000 1,965,000 2005 R. Christopher-US 69 S to Virginia 2,485,000 (3) 125,000 610,000 1,750,000 2005 Street Rehabilitation (FY 05) 1,000,000 - 100,000 900,000 2005 Washington-ML King to IH-10 12,400,000 - 385,000 12,015,000 2007 Total Current Projects $ 52,755,000 3,523,000 9,057,000 40,175,000 Planned Proiects ROW Downtown Improvements Design Acquisition Future Locations(FY06-09) $ 2,000,000 2006 Street Rehabilitation (FY06-09) 4,000,000 2006 Dowlen-US 69 N to Folsom 1,900,000 (3) 2006 Madison- Irving to Grove 1,940,000 2006 N/A Moore Street Relief 4,650,000 2006 N/A South Park Relief 6,240,000 2007 Dowlen-College to Walden 4,320,000 (3) 2007 Complete Washington-Langham to Major 3,240,000 (3) 2007 High School Ditch 10,290,000 2007 Caldwood Outfall 4,380,000 2008 Phelan-1-10 to Dowlen 13,000,000 (3) 2009 Total Planned Projects $ 55,960,000 Total Public Works Improvements $ 108,715,000 (1) Includes Federal Highway Administration funding of 80%up to$7,375,000. Construction start is September 2007. (2) Includes TxDOT funding of 80%up to$2,400,000 for both phases.TxDOT construction start date for phase II is 2007. (3) Air Quality issues will not be determined until a later date and could affect project timeline. FYE=Fiscal Year End FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM GENERAL IMPROVEMENTS PROJECTS FY 2005-2009 Estimated Estimated FY 2005 Future Anticipated Project Expenditures Planned Funding Construction Current Proiects Cost at FYE 2004 Expenditures Required Start Date Central Park Tennis Courts $ 85,000 (1) 5,000 80,000 Communications Network-Phase II 703,000 - 2005 �2> - 703,000 Cottonwood and Magnolia - 2005 Park Improvements 350,000 (3) 25,000 325,000 Fire Station and - 2005 Communication Center 3,000,000 30,000 1,700,000 1,270,000 Perlstein Park-Walking Trail 110,000 2005 - Tyrrell Park-Clubhouse& 110,000 - 2005 Parking Lot 650,000 25,000 625,000 Visitor Center/CVB 1,100,000 85,000 1,015,000 2005 Wuthering Heights-Walking Trail 95,000 - 2005 95,000 - 2005 Total Current Projects $ 6,093,000 170,000 4,653,000 1,270,000 Planned Proiects Design Lefler Park $ 50,000 2005 Rogers Park-Walking Trail 100,000 2006 Total Planned Projects $ 150,000 Total General Improvements $ 6,243,000 (1) This project will utilize the$575,000 proceeds from the sale of a portion of Central Park. (2) FEMA grant will cover 70%of project cost up to$491,800. (3) Project includes grant funding of 80%from UPARR and 10%from TPW. FYE=Fiscal Year End 4 September 14,2004 Consider accepting the tax roll and establishing the property tax rate for the tax year 2004 lug I City of Beaumont Z�' Council Agenda Item � � c. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Andrea S. Deaton, Budget Officer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 8, 2004 REQUESTED ACTION: Accept the tax roll and establish the property tax rate for the tax year 2004. RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.664 for the tax year 2004(FY 2005).The tax rate would be apportioned $0.381267 to the General Fund and $0.282733 to the Debt Service Fund. This distribution represents a reduction of$0.006 and shift of$0.021267 from the rate dedicated to the Debt Service Fund to the General Fund. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates.Effective January 1,2000 Senate Bill 1118 requires all taxing units to adopt their tax rates before the later of September 30 or the 600' day after the taxing unit receives the appraisal roll. Additionally, state law requires the adoption of the Budget before the tax rate. BUDGETARY IMPACT Property tax revenue in the FY 2005 Budget is calculated at the rate of$0.664 per$100 in assessed value. This rate, applied to the certified tax roll of$4,568,576,349 at a collection rate of 97%, generates approximately$29,425,000 for the General and Debt Service Funds combined. PREVIOUS ACTION A public hearing was held on August 31, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. r ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2004; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of August 9, 2004 to be $4,568,576,349, and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.664 per each $100 of value for the tax year 2004 should be established based upon said roll; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$4,568,576,349 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2004, for municipal purposes only, an ad valorem tax of $0.664 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.381267 Debt Service Fund $0.282733 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - STATE OF TEXAS ) COUNTY OF JEFFERSON ) CERTIFICATION OF 2004 APPRAISAL ROLL FOR City of Beaumont I, Roland R. Bieber, Chief Appraiser for.the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. r August 9, 2004 Date Roland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal District 2004 APPRAISAL ROLL INFORMATION 2004 Gross Value $5,096,682,160 2004 Gross Taxable Value(Net Appraised) $4,790,526,191 Total Number of Accounts 63,042 #of Accounts with Homestead Exemption 24,483 #of Accounts with Over-65 Exemption 8,140 # of Accounts with Disabled Exemption 1,155 # of Accounts with Veterans Exemption 643 # of Agriculture-Use Accounts 228 #of Exempt Accounts 1989 2004 Taxable Value $4,568,576,349 RECEIVED BY: DATE: TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 8/09/2004 11.51.58 ADP3TAXC 2004 APPRAISAL ROLL 12310403 PAGE 1 ************************************************************************************************************************************ RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00% * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .670000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ************************************************************************************************************************************ ACCOUNTS SUB-TOTALS GROSS VALUE IN DISTRICT 63,042 5,096,682,160 * MINUS EXEMPT ACCOUNTS 3,989 279,049,449 4,817,632,711 MINUS AGRICULTURE ACCOUNTS 228 MARKET VALUE 28,119,550 PRODUCTION VALUE 1,013,030 LOSS DUE TO AG EXEMPTIONS 27,106,520 4,790,526,191 SUBJECT TO LATE PENALTY I POLLUTION CONTROL 0 0 4,790,526,191 FREEPORT ACCOUNTS 0 0 4,790,526,191 LEASED VEHICLES 0 0 4,790,526,191 PRIMARILY CHARITABLE ORG 7 0 4,790,526,191 NET APPRAISED VALUE 59,046 4,790,526,191 LOSS DUE TO LIMIT 8,259 51,359,252 4,739,166,939 ABATED ACCOUNTS 1 2,394,150 4,736,772,789 HISTORICAL ACCOUNTS 9 3,854,160 4,732,918,629 EXEMPTIONS STATE MANDATED HOMESTEAD 24,483 0 4,732,918,629 STATE MANDATED 065 8,140 0 4,732,918,629 STATE MANDATED DISABLED 1,155 0 4,732,918,629 LOCAL OPTION 065 8,140 139,533,400 4,593,385,229 LOCAL OPTION DISABLED 1,155 19,353,170 4,574,032,059 LOCAL OPTION HOMESTEAD 24,483 0 158,886,570 4,574,032,059 VETERAN EXEMPTIONS EXEMPTION CODE 1 @ p p p EXEMPTION CODE 2 @ 5000 212 1,034,190 EXEMPTION CODE 3 @ 7500 47 320,650 EXEMPTION CODE 4 @ 10000 47 446,920 EXEMPTION CODE 5 @ 12000 80 930,290 EXEMPTION CODE 6 @ 12000 232 2,529,660 EXEMPTION CODE 7 @ 12000 14 144,000 EXEMPTION CODE 8 @ 5000 11 50,000 TOTAL VETERAN 643 5,455,710 NET TAXABLE 4,568,576,349 GROSS TAX AMOUNT S 30,609.494.29 ** 065 FROZEN TAX ACCOUNTS p > 065 BEFORE FROZEN TAX 00 MINUS 065 FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** DISABL FROZEN ACCOUNTS .00 DISABLE BEFORE FROZEN TAX p MINUS DISABL FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** .00 .00 NET TAX AMOUNT - - - - - - - - --- - - - - -- - --- - --- > $ 30,609,494.29 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ** INCLUDES 4 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 77,519 TAX• CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 8/09/2004 11.51.58 ADP3TAXC 2004 APPRAISAL ROLL PAGE 2 ************************************************************************************************************************************ RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION OOX * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .670000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ************************************************************************************************************************************ CODE COUNT APPRAISED TAXABLE LEVY X OF TOTAL GROSS VALUE 5,096,682,160 Al 33,832 2,419,852,619 2,217,825,857 14,859,450.03 .4855 A2 144 1,637,330 1,261,650 8,453.10 .0003 A5 1,954 145,407,060 133,444,800 894,080.85 .0292 B1 1,329 151,628,062 151,558,062 1,015,439.44 .0332 B2 397 11,651,520 11,166,730 74,817.29 .0024 B4 3 97,350 97,350 652.24 .0000 C1 8,941 54,600,510 54,562,410 365,574.41 .0119 C2 925 21,010,190 21,010,190 140,769.12 .0046 Dl 150 1,547,810 1,547,810 10,370.43 .0003 D2 78 471,670 471,670 3,160.22 .0001 D3 35 1,429,520 1,429,520 9,577.82 .0003 D4 501 29,056,720 29,056,720 194,680.59 .0064 D5 2 10,460 10,460 70.08 .0000 E1 27 4,356,410 3,881,180 26,003.94 .0008 E2 1 101,600 101,600 680.72 .0000 Fl 2.980 886,520,390 882,545,810 5,913,058.31 .1932 F2 36 15,900,980 15.900,980 106,536.61 .0035 F5 33 2,147,690 2,147,690 14,389.56 .0005 F9 28 71,551,140 71,551,140 479,392.65 .0157 G1 103 2,395,600 2,395,600 16,050.62 .0005 G2 49 3,090 3,090 20.69 .0000 J2 23 8,041,960 8,041,960 53,881.14 .0018 J3 94 112,056,020 112,056,020 750,775.40 .0245 J4 17 56,363,750 56,363,750 377,637.14 .0123 J5 63 14,961,500 14,961,500 100,242.13 .0033 J6 165 10,499,010 10,499,010 70,343.44 .0023 J7 5 14.884,830 14,884,830 99,728.37 .0033 J8 109 17,013,760 17,013,760 113,992.29 .0037 L1 6,150 577,111,680 574,717,530 3,850,611.97 .1258 L2 7 672,310 672,310 4,504.48 .0001 L6 105 29,313,090 29,313,090 196,397.77 .0064 L8 23 71,669,650 71,669.650 480,186.67 .0157 L9 92 50,265,520 50,265,520 336,779.01 .0110 M1 415 1,619,390 1,471,100 9,856.55 .0003 O1 241 4,676,000 4,676,000 31,329.21 .0010 - -- -- - ---- -- -- --- - - - 59,057 4,790,526.191 4,568,576,349 30,609,494.29 A 35,930 2,566,897,009 2,352,532,307 15,761,983.98 .5149 B 1.729 163,376,932 162,822,142 1,090,908.97 .0356 C 9,866 75,610,700 75,572,600 506,343.53 .0165 D 766 32,516,180 32,516,180 2179859.14 .0071 E 28 4,458,010 3,982,780 26,684.66 .0009 F 3,077 976,120,200 972,145,620 6,513,377.13 ,2128 G 152 2,398,690 2,398,690 16,071.31 .0005 J 476 233,820,830 - 233,820,830 1,566,599.91 .0512 L 6,377 729,032,250 726,638,100 4,868,479.90 .1591 M 415 1,619,390 . 1,471,100 9,856.55 0003 0 241 4,676,000 4,676,000 31,329.21 .0010 --- - ---- --- - -- - 59,057 4.790,526,191 4,568,576,349 30,609,494.29 5 September 14, 2004 Consider approving a request for a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization) District at 685 Irma City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 7, 2004 REQUESTED ACTION: Council consider a request for a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District at 685 Irma. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a residential care facility in an RCR(Residential Conservation and Revitalization)District at 685 Irma,subj ect to redesigning the off-street parking to comply with city codes. BACKGROUND Patty Lee is requesting a specific use permit to allow the continued operation of a residential care facility at 685 Irma. In May, 2004, the City Council denied an expansion of the Watts Home into 1901 Park Street. During the public hearing on that case, Ms. Lee stated that the Watts Home was occupying a structure at 685 Irma,next to the original location at 695 Irma. Ms. Lee was informed that 695 Irma was the only legally permitted site and that a specific use permit would be required to operate at any other location. Therefore, Ms. Lee is now requesting that a specific use permit be granted at 685 Irma. Ms.Lee states that the purpose of the house at 685 Irma is to offer the women more privacy,comfort and space in the four bedroom house. The house has three full bathrooms, a kitchen, a living room and laundry room. Ms. Lee states that up until 2002,the women of Watts Home shared their living room with business activities,visiting social workers,nursing visits and incoming supplies and other traffic because their living room was located downstairs at 695 Irma. Ms.Lee says that at 685 Irma,Watts Home is housing 12 women who cannot live by themselves and are not able to live at home with family and friends. The staff provides life skills training such as good hygiene and self help outreach. In 2002, a fire alarm system was installed, inspected and approved. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held August 16, 2004, the Planning Commission voted 8:0 to approve a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization)District at 685 Irma,subject to redesigning the off-street parking to comply with city codes. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A RESIDENTIAL CARE FACILITY IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT LOCATED AT 685 IRMA IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Patty Lee to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 685 Irma, being Lot 5, Block 2, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described condition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a residential care facility in an RCR (Residential Conservation and Revitalization) District located at 685 Irma, being Lot 5, Block 2, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.165 acres, more or less, as shown on Exhibit"A" attached hereto, is hereby granted to Patty Lee, her legal representatives, successors and assigns, subject to the following condition: • Redesign the off-street parking to comply with city codes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - is vs f! !! !o i ' It !f K♦ii t �;`ff fl,! 11 q ? 'tI' f0� t1 l! ll 7. 4r4, ! FILE 1731-P: Request for a specific use permit to allow a residential care facility in an NORTH RCR(Residential Conservation and Revitalization)District Location: 685 Irma N � Applicant: Patty Lee ;SCALE J E.s N 1 X114 •� CRAIG Sr. •` AM F� ee w - ♦O Qo - W 6 _ Ap, IRMA AYE. FA dw SU ►� �� 13:1 ' �_,.. ;j � r.' 0 • ,► FAY ST. } w +.n _ *_s� `� - ---♦f ,f- - N. ISM AYE'• �: _s' JI;'"a.�'��] 0 Aw ///��� Syr. „►. -�� ,, c'+' '�`: '. ��.� � - '' �[ , T`- �:'-`��-t41t� Jai. .4y'.='. - R R`• - AV EXHIBIT' "A" Outside Trash- ' + Landscape;Butler : . Storage Facility ;. Handicap Ramp Handicap Parking y and sign i d• t all rt r } Location of rIT lights on the top Porch W . V Landscape Butler of the building Sign On •• ` Balcony 2ft. X 3 ft. 685 Irma Watts 2 Homes,Inc. SINGLE STORY Property RESIDENTIAL _ (60 ft. X 120 ft.) BUILDING xi x ,12. Gross - - ) Existins Floor Area ` 1840 sq.ft. _ y W arking ` Proposed _ Parking 1 2 3 4 GARAGE 8 Ft. Fence 3 .O y 5 b ~STORAGE torag� . 230 SQ. FT. 100 sq. Gross Floor ft. Area-440 ergo 8 Ft. Fence sq.ft. Gross 0 10 20 Concrete Scale In Feet SI GROUP, LP SITE PLAN ENGINEERING • ENVIRONMENTAL SCIENCE avared for PROJECT: 04CS 123 LOCATION: 685 IRMA STREET BEAUMONT,TX WATTS HOME, INC. APPR: MG DATE: 04/21/04 DRAWN BY: SB SCALE: AS SHOWN DATE: 04 20 04 FIGURE: 1 * Approval subject to redesigning the off-street parking to comply with city codes. EXHIBIT "B" 6 September 14, 2004 Consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States, Inc. and granting a new franchise to Entergy Gulf States, Inc. adopting a new method of compensation f C * of Beaumont � = Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: September 14, 2004 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: Council to consider adopting an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise to Entergy Gulf States,Inc. adopting a new method of compensation. RECOMMENDATION Administration recommends approval of an ordinance accelerating the expiration of the existing electric franchise ordinance between the City of Beaumont and Entergy Gulf States,Inc.and granting a new franchise which will include a new method of compensation to the City for the use of its streets and rights-of-ways. BACKGROUND The State of Texas enacted Senate Bill 7 (761 Legislature, 1999) which provided for retail electric competition to commence in most of the State on January 1,2002. That same legislation provided that utilities providing distribution service would begin paying franchise compensation to cities for the right to use city rights-of-ways based on a factor equal to the franchise revenue received by the city during the year 1998 divided by the number of kilowatt hours used in that year. This method of compensation substituted for what was in Beaumont 4% of gross receipts of the company for providing electric service. However, rates for Entergy Gulf States, Inc. in 1998 had been reduced significantly based on pending rate actions. As a result, the factor which was based on 1998 total receipts has not produced revenues for the years 2002,2003 and 2004 that were even equal to 1998 franchise revenues. Franchise revenues to the city have been significantly less than they should have been. MEETING DATE: August 24, 2004 PAGE 2/2 AGENDA MEMO DATE: August 19, 2004 REQUESTED ACTION: New Franchise for Entergy Gulf States, Inc. This problem was discussed with Dan Lawton,an attorney who has represented the coalition of cities in rate matters in the past. He suggested that the law allowed the company and the city to enter into a franchise agreement with new compensation provisions. To that end, we scheduled a meeting on August 5, 2003 with 1Entergy, Gulf States, Inc. which was coordinated with the City of Port Arthur who had the same franchise compensation problems. At that meeting, the Cities of Beaumont and Port Arthur agreed in principal with Entergy Gulf States, Inc. to a procedure which would result in the enactment of a new franchise agreement which would include a compensation provision that allowed for a per kilowatt hour unit rate calculated on the year 2001. The company was willing to participate in this project so long as they could be made whole for any additional franchise fees,costs or expenses which resulted from the new franchise, its implementation and approval by the Public Utilities Commission of Texas. The new franchise ordinance which is presented today complies with that general understanding in that it provides the City of Beaumont with a new compensation method which will produce revenues above last year's payment in excess of$1,000,000. Additionally,it provides safeguards to insure that the incremental costs of these franchise payments to Entergy Gulf States, Inc. will be collected through a surcharge rider to be approved by the City first and then by the Public Utilities Commission. Additionally, the franchise provides for the reimbursement to the company of any additional expenses or costs associated with the approval of this plan or the implementation of the ordinance. We contemplate that many other cities will enact new franchise ordinances. When they do so they will pay a portion of the additional costs reimbursed to Entergy Gulf States, Inc. BUDGETARY IMPACT The new franchise will produce higher franchise revenues to the City commencing after the franchise and.the surcharge rider are approved by the Public Utilities Commission of Texas. Under our Charter,franchises require three readings before they are passed. The franchise does not take effect until sixty(60) days after its adoption on the third and final reading;which means if this ordinance is adopted on the first reading on August 24,2004, it could not be passed until September 28,2004. It would then be effective in late November subject to the approval of the surcharge rider by the Public Utilities Commission of Texas. PREVIOUS ACTION None. SUBSEQUENT ACTION The ordinance must be adopted in accordance with the charter which requires that its adoption must be at least thirty(30) days from its first reading. RECOMMENDED BY City Manager and City Attorney. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT ACCELERATING THE EXPIRATION OF THE EXISTING ELECTRIC FRANCHISE BETWEEN THE CITY OF BEAUMONT AND ENTERGY GULF STATES, INC., WHICH PASSED THIRD AND FINAL READING ON THE 19TH OF SEPTEMBER, 1961 AND WAS AMENDED BY ORDINANCE NO. 82-137, AND GRANTING A NEW FRANCHISE TO ENTERGY GULF STATES, INC.; AUTHORIZING THE CITY'S ATTORNEY TO SEEK APPROVAL FROM THE PUBLIC UTILITY COMMISSION OF TEXAS OF A FRANCHISE FEE SURCHARGE TARIFF; PROVIDING AN EFFECTIVE DATE UPON THE ACCEPTANCE IN WRITING OF THE SURCHARGE BY ENTERGY GULF STATES, INC.; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS CONSIDERED WAS OPEN TO THE PUBLIC AND IN ACCORDANCE WITH TEXAS LAW. WHEREAS, the City of Beaumont ("City") contends that consideration or compensation for the use of the City's streets, alleys and rights-of-way paid by Entergy Gulf States, Inc. ("EGSI" or "Company") has not kept pace with changes in the rate of inflation or the increasing cost of goods and services or the requirements of the Public Utility Regulatory Act Section 33.008; and WHEREAS, Section 1 of Ordinance 82-137 which amends Sections 11 and 19 of the franchise agreement which passed on its third and final reading on the 19th of September, 1961, hereinafter sometimes referred to in combination as the "existing franchise agreement", provides for the annual payment consisting of the sum of money equal to four percent (4%) of the annual gross receipts of Company within the City from electric lighting and power sales for consumption within the corporate limits of the City, exclusive of receipts from (i) sales to industrial consumers, (ii) sales for governmental pumping, and (iii) street lighting; and WHEREAS, the method of calculating this payment was modified by EGSI in Ordinance 1 response to the enactment, by the 76th Legislature, of Section 33.008 of the Public Utility Regulatory Act ("PURA"), and the revised rate, as provided by said statute, is $0.00215246407 per kilowatt hour ("kWh") for each kWh delivered by EGSI within the corporate limits of the City and is a reflection of calculating the rate based upon consumption instead of gross receipts; and WHEREAS, the City of Beaumont is concerned that the per kWh method of calculating the amount of franchise fees due to the City may produce a lower level of franchise compensation than the gross receipts method contained in Section 1 of Ordinance No. 82-137 if, with everything else being equal, the cost of electric generation increases; and WHEREAS, laws enacted by the 76th Legislature provide that on the expiration of a franchise agreement existing on September 1, 1999, an electric utility and a municipality may mutually agree to a different level of compensation or to a different method for determining the amount the municipality may charge for the use of a municipal street, alley, or public way in connection with the delivery of electricity at retail within the municipality; and WHEREAS, the City desires, and EGSI agrees, conditional upon EGSI's satisfaction that procedures are in place by which EGSI will recover any and all incremental increases in franchise payments, associated with this ordinance, over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008 of PURA, together with all associated costs and expenses, including gross receipts taxes, to accelerate the expiration of the existing electric franchise, and to execute a new franchise agreement which is consistent with the new law; and WHEREAS, it is reasonable that EGSI, as a condition to its agreement, requires procedures and processes to be in place, to its satisfaction, by which it will recover all associated increases in payments and associated costs, expenses and taxes; and WHEREAS, it is reasonable that the expiration of the existing franchise and the contemporaneous implementation and effect of new franchise agreement be conditioned upon EGSI's acceptance in writing of an order of the Public Utility Commission of Texas ("PUCT" or "Commission") which approves a surcharge that Ordinance 2 authorizes the Company to collect any incremental increase in franchise payments over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008 of PURA, together with all associated costs and expenses, including gross receipts taxes; and WHEREAS, it is the intention of the City and EGSI that certain provisions of this ordinance providing for EGSI's recovery of any incremental increase in franchise payments over the amounts calculated pursuant to the existing franchise agreement, as modified by Section 33.008, together with all associated costs and expenses, shall remain in effect even if other provisions, such as, but not limited to, those providing for a per-kWh calculation of franchise payments, are found to be null and void; and WHEREAS, by this ordinance the City is authorizing the City's attorney to take action to obtain a PUCT order that would include the provisions set forth in the immediately preceding paragraphs; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT, TEXAS THAT: Section 1. That the findings and provisions set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The expiration date of the existing franchise agreement is hereby amended to provide for an expiration date contemporaneous with the effective date of this ordinance and the attached franchise agreement ("new franchise agreement"). Section 3. Subject to EGSI's acceptance, as provided in this ordinance and the new franchise agreement and as required for this ordinance to become effective, the franchise agreement attached as Exhibit A and signed (for the purpose of this ordinance "new franchise agreement"), is hereby enacted and is incorporated by reference herein and will be in full force and effect upon the effective date as provided therein and in Section 5 of this ordinance. Section 4. This Section 4 is included for explanatory purposes only and is not intended to change or alter, and does not change or alter, in any respect, the new franchise agreement. a. The new franchise agreement provides that the franchise fee due Ordinance 3 from EGSI shall be calculated by multiplying the factor of $0.00316612909 per kWh times the total kWh delivered by EGSI during the preceding calendar quarter to each retail customer whose consuming facility's point of delivery is located within City's boundaries. This franchise rate replaces the rate provided by the franchise agreement existing on the effective date of this ordinance, as modified by Section 33.008 of the Public Utility Regulatory Act ("P U RA") b. This ordinance and the new franchise agreement, including the franchise rate therein, reflect the mutual interest of both the City and EGSI. An underlying premise is that the Company shall be kept financially whole with respect to any and all increases in franchise fees calculated pursuant to the new franchise agreement over and above the franchise fees calculated under the existing franchise agreement, as modified by Section 33.008 of the PURA, together with all associated costs and expenses, including gross receipts taxes ("incremental amounts"). Consistent with this premise, the Company shall collect such incremental amounts through a "corresponding surcharge." C. As provided below, and as provided in the new franchise agreement, the corresponding surcharge must be approved by the Public Utility Commission of Texas as a condition to this ordinance taking effect. Attached to this ordinance as Exhibit B is a tariff entitled Municipal Franchise Fee Surcharge that City intends as the corresponding surcharge, subject to any amendments necessary to accommodate EGSI's acceptance as required herein. Section 5. Effective date. Except as provided in Section 7 below, this ordinance shall take effect ("effective date") upon the latter of 1) its final passage, or 2) EGSI's acceptance, in writing (in the form provided below) of a final order of the Commission ("final order") approving the corresponding surcharge implementing collection of the incremental amounts described in Section 4. Such acceptance shall be Ordinance 4 within the sole discretion of EGSI. If applicable, such acceptance shall be filed with the Office of the City Secretary, within thirty (30) days of the final order, in substantially the following form: To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer hereby accepts in all respects, on this the day of ' 2004, Ordinance No. amending, and accelerating the expiration of, the existing electric franchise between the City and EGSI and implementing the new franchise agreement, and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: In the event that EGSI has not filed said acceptance as required, and in the form provided, within the specified thirty (30) day period, this ordinance shall not become effective. Section 6. Upon the effective date of this ordinance, EGSI is authorized to charge the Municipal Fee surcharge as set forth in the attached tariff, or any amendment thereof, as the corresponding surcharge referred to in Section 4, said surcharge to be effective on the 1 st day of the 1 st full billing cycle subsequent to the effective date of this ordinance. Section 7. Notwithstanding the provisions of Section 5 above, the following provisions shall apply and become effective upon the passage of this ordinance [which shall be prior to its effective date as defined in Section 5]. (a) City's attorney is authorized to take action to obtain a PUCT order as contemplated in this ordinance and approving the attached Municipal Franchise Fee Surcharge, which shall be amended as necessary to accommodate EGSI's acceptance as required herein. (b) As part of the consideration for this ordinance and the new franchise Ordinance 5 agreement, the City shall bear the costs and expenses associated with obtaining the approval of the corresponding surcharge (regardless of whether the PUCT approves the corresponding surcharge and regardless of whether EGSI accepts such approval). Such costs and expenses include, but are not limited to: i. costs and expenses of the City, related to obtaining approval of the corresponding surcharge; and/or ii. costs and expenses of or to EGSI related to obtaining approval of the corresponding surcharge, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI, including, but not limited to, costs and expenses incurred in preparing for and/or supporting the PUCT filing, docket or proceeding initiated for the approval of the corresponding surcharge. Such costs and expenses of or to EGSI, as are enumerated in Subsections 7(a)(i) and (ii) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of future franchise payments as provided in this subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery Ordinance 6 of any ongoing expenditure of such costs and expenses. Section 8. Nothing in this ordinance, nor EGSI's acceptance as provided herein, has the affect of conceding City's jurisdiction over EGSI's rates, including the corresponding surcharge. Section 9. The attached Municipal Franchise Surcharge (or an amendment as referenced in Section 6) and Franchise Agreement signed by the Mayor, City of Beaumont the President, EGSI—TX, and dated the day of 2004, are adopted and made part of this ordinance. Section 10. If any provision, section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this agreement shall not be affected thereby, it being the intent of the City in adopting this ordinance that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and, to this end, all provisions of this ordinance are declared to be severable. Section 11. It is 'hereby officially found and determined that the meeting at which this Ordinance passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED ON THE FIRST READING this day of , 2004. ATTEST: City Secretary Mayor PASSED AND APPROVED ON THE SECOND READING this day of , 2004. ATTEST: Ordinance 7 I City Secretary Mayor READ IN FULL AND PASSED AND ADOPTED ON THE THIRD REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF this day of 2004. ATTEST: City Secretary Mayor Ordinance 8 FRANCHISE AGREEMENT WHEREAS, the City of Beaumont ("City") desires to enter into a franchise agreement granting to Entergy Gulf States, Inc. ("EGSi" or "Company") the right, privilege and franchise to conduct within the City, an electrical lighting and power business and to enter upon, erect, construct, maintain, extend, repair, replace and remove in, under, upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes, and alleys of the city, and over and across any and all stream or streams, and bridge or bridges now or hereafter owned or controlled by City, a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances (including telephone and telegraph poles and wires for said company's own use), necessary or proper for the transmission and distribution of electricity into, in, within, from, across, and through the City , as now existing, or as said city limits may hereafter be extended, and WHEREAS, the City desires to grant EGSI, its successors and assigns, the authority to use such for the purpose of transmission, distribution, delivery and sale of electricity to the City, and to the inhabitants of the City, or any other person or persons, firms or corporations, wherever located within or without the city limits of Beaumont, for use by such purchaser or purchasers, for light, power, cooling and heat or for either or all of said purposes, or for any other purpose or purposes for which electricity may be used; WHEREAS, the franchise provided herein shall be effective until February 12, 2018, commencing upon and extending from the effective date as provided herein; WHEREAS, the City desires to provide for: the temporary removal, raising or lowering by Company of its wires and other appurtenances; the right to, and condition of, the opening of pavements and sidewalks by company; the retention of all rights of City to regulate the location of Company's facilities in, upon, along, under and over the streets, alleys and other public places of City, as well as to require the re-location of same; the waiver of claims for damages by Company Franchise Agreement Page 1 EXHIBIT "A" against, and the provision of indemnity to, City; efficient electrical service and the maintaining of Company's facilities; the use by Cite fcr the purposes specified of poles and conduits of Company; WHEREAS, the City and Company desire to provide for: fair compensation, and method of payment of such, to the City for the use by Company of the streets, alleys and public ways of the City; and the surcharge recovery by EGSI of certain incremental franchise payments, together with associated costs and expenses (including gross receipts taxes), paid to the City by Company pursuant to this franchise; WHEREAS, said franchise shall: provide for the maintenance of records by Company with right of inspection by City reserving to City all powers of regulation; prohibit assignment except by consent by City; give City's consent to the cutting and trimming by Company of conflicting trees; provide a severability clause; provide that this franchise shall not be exclusive; and provide that the City shall have the right at any time within five years of the expiration of the term hereof, but prior to the last twelve months of said term, to purchase, or cause to be purchased, the property of the holder of this franchise within the limits of City and devoted to public service hereunder, and shall provide a method of determining the value of such properties if such purchase is made; make miscellaneous provisions relative to this grant of franchise; and repeal all previous electrical lighting and power franchise ordinances and agreements; and WHEREAS, said franchise shall provide for the publication of this franchise agreement and condition its effectiveness on acceptance by Company as provided therein; NOW THEREFORE: Section 1. Subject to the terms, conditions, and provisions of this franchise agreement (sometimes "franchise" or "agreement"), the City of Beaumont, Texas, hereinafter referred to as "City", does hereby grant unto Entergy Gulf States, Inc., hereinafter referred to as "EGSI" or "Company", its successors and assigns, the right, privilege and franchise to conduct within the boundaries of the City, as such Franchise Agreement Page 2 boundaries now exist or may hereafter be extended, an electrical lighting and power business and to enter upon. erect, construct, maintain, extend, repair, replace and remove in, under, upon, within, over, above, across and along any and all of the present and future public roads, highways, streets, lanes and alleys of the City and over and across any stream or streams, bridge or bridges, now or hereafter owned or controlled by the City a system of poles, pole lines, towers, distribution lines, transmission lines, wires, guys, cables, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances (including telephone and telegraph poles and wires for Company's own use) necessary or proper for the transmission and distribution of electricity into, in, within, from, across and through the City as now existing or as the said city limits may hereafter be extended; and Company, its successors and assigns, are authorized to use said poles, pole lines, towers, distribution lines, transmission lines, wires, guys, conduits, transformers, and other distribution and transmission instrumentalities, facilities and appurtenances for the transmission, distribution, delivery and sale of electricity to the City and to the inhabitants of the City or any other person or persons, firms or corporations wherever located within or without the city limits of Beaumont for use by such purchaser or purchasers for light, power, cooling and heat, or for either or all of said purposes, or for any other purpose or purposes, whether same or different from those herein specified for which electricity may be used. Section 2. Company, on written request of any person, firm, corporation or governmental authority, shall relocate, raise or lower its wires, where located on, in or over the streets, alleys and other public ways of City, temporarily to permit construction work in the vicinity thereof, or to permit the moving of houses or other bulky structures. The expense of such temporary relocation, raising or lowering of such wires shall be paid by the benefited party or parties, and the Company may require the payment in advance, being without obligation to remove, raise or lower its wires until such payment shall be made, provided, however, that no such payment shall be required of the City except as provided in Section 3. The Company shall be given not less than forty-eight (48) hours Franchise Agreement Page 3 prior notice to arrange for such temporary wire changes. Section 3. Within the streets or other public ways of the City, the location and route of all poles, stubs, guys, anchors, lines, conduits and cables placed and constructed and to be placed and constructed by Company in the construction and maintenance of its electrical lighting and power system in, within and through the City shall be subject to the reasonable and proper regulation, control and direction of the City, or of any city official to whom such duties have been or may be duly delegated. All poles erected by the Company shall be so set that they will not interfere with the flow of water in any gutter or drain and so that the same will interfere as little as practicable with the ordinary travel on the streets, sidewalks or other public way. The regulation and control herein reserved shall include, but not by way of limitation, the right to require in writing the relocation of Company facilities at Company's cost, within the streets or other public ways whenever such shall be reasonably necessary on account of the removal of a traffic hazard, the widening, change of grade, relocation or other City construction within such streets or public ways; provided, however, Company shall be entitled to be paid for its costs and expenses of any relocation, raising or lowering of its wires, required by City, pursuant to this Section or Section 2, if such expenses or costs are reimbursable or payable to the Company or the City by the State of Texas, the United States or any governmental agency or subdivision of either, whether directly or indirectly, but nothing herein shall impose any obligation on the City to pay such costs and expenses except to the extent it receives funds from the United States, State of Texas, or any governmental agency or subdivision of either, for the reimbursement or payment of same. Section 4. If it becomes necessary in furnishing electricity as contemplated under this franchise, the City grants to the Company the right and privilege to take up pavements and sidewalks, if any, in and upon said streets, alleys and highways in said City of Beaumont, and such as may be over and across any stream or bridge, for the purpose of making such excavation and installation as may be Franchise Agreement Page 4 necessary; provided, however, that Company shah not take up cr excavate any pavement at any time without first securing permission of the Director of Public Works of City or City Manager; and provided further, that all excavations and installations so made shall be performed in such manner as will cause the least inconvenience to the public, and Company shall promptly restore to as good condition as before working thereon, and to the reasonable satisfaction of the Director of Public Works of City or City Manager, all streets excavated by it. The City of Beaumont shall have the right to have one inspector present at each excavation and installation, whose salary for the time he is so present at, and traveling to and from, such excavation or installation, shall be paid by Company. Section 5. If any of the facilities installed by Company hereunder shall be in any respect damaged or injured by The City of Beaumont or any of its officers, agents, representatives, or employees, in connection with the performance of any work or repairs that may be done upon the streets, avenues, alleys, and other public places of the City of Beaumont, Company shall not be entitled to prosecute or maintain a claim against the City of Beaumont for any such damage or injuries so sustained by it, and the same is hereby in all things waived; provided, however, the foregoing portion of this Section shall not apply where such property is damaged or injured as a proximate result of installing, maintaining or removing City's equipment upon or from Company's poles, or in or from Company's ductlines, as provided in Section 9 hereof. Section 6. The City, by the granting of this franchise, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in the City under the Constitution and statutes of the State of Texas and under the Charter of the City to regulate the rates for services of Company; and Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time and from time to time. Franchise Agreement Page 5 Section 7. It shall be the Company's obligation hereunder to furnish efficient electrical service to the public at its rate schedule, said service to be first class in all respects, considering all circumstances, and Company shall maintain its system in reasonable operating condition during the continuance of this agreement. Section 8. Nothing contained in this franchise agreement shall be construed as conferring upon Company any exclusive rights or privileges of any nature whatsoever. Section 9. In addition to the consideration set forth elsewhere in this franchise agreement, the Company shall hold itself ready to furnish free of charge, subject to the use of the City, such pole space as may be required from time to time for the installation of City-owned traffic, police and fire alarm system conductors, and alarm or other necessary signal boxes; provided that such conductor space does not exceed the capacity of one cross-arm on any one pole, and provided that such space is then available on existing poles. The specific location for these traffic, police and fire alarm conductors and boxes on Company's poles shall be determined by the Company, and will be allotted at the times specific applications for space are received from the City. Where a main underground ductline is constructed or installed between manholes by Company after the effective date of this franchise agreement, Company shall, as part of same, provide free of charge for the installation by City of its traffic, police or fire alarm cables, one top duct having one capped off entry channel and one capped off exit channel between each two manholes, such entry and exit channels leaving the duct bank enclosure outside of, but near to, such manholes, and no cable or other equipment of City shall enter Company's manholes. Company shall, prior to each addition by it to any duct now existing or hereafter constructed, notify the Electrical Department of City of the nature and location of such intended addition; further, Company shall, along with its application for a permit to open a street for the purpose of laying a new duct, provide the City Electrical Department and the Franchise Agreement Page 6 City Engineer's office each with a set of plans snowing the type, number, and location in the street, of the ducts to be constructed. City, prior to the original installation by it of its equipment in any such top duct, shall notify Company of the time and place it intends to make such entry and installation. All cables installed by the City in Company ducts shall be of the non-metallic, sheath type to prevent corrosive or electrolytic action between the City and Company-owned cables. All City-owned conductors and cables, whether on poles or in ductlines, shall be constructed, maintained and operated in such manner as to not interfere with or create a hazard in the operation of the Company's electrical transmission and distribution system. Further, all City-owned traffic, police and fire alarm conductors, and alarm boxes, and any City circuits on Company poles, and all cables installed by City in ducts constructed by Company, shall be installed in strict compliance with the applicable provisions of the National Electric Safety Code, Handbook 30, as published in March, 1948, by the United States Department of Commerce, Bureau of Standards, as from time to time amended or supplemented; provided, however, nothing herein shall impair the right of the City in the future by ordinance to adopt any new, amended or revised code, or by ordinance to specify such further or different standards as may be found to be in the public interest. Section 10. The design and purpose of this franchise fee compensation clause is to establish an administratively simple uniform method of compensating the City for the use of the public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is consistent with the burdens placed on the City created by EGSI's use of the right-of-way; (5) provides fair and reasonable compensation for the use of the public right-of-way; and (6) provides a mechanism by which EGSI will remain financially whole with respect to any increases in franchise payments resulting from the implementation of this franchise over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA, together with all associated costs and expenses, including gross receipts taxes. (Hereinafter, Franchise Agreement Page 7 such, incremental franchise fees and associated costs and expenses, incluaing gross receipts taxes are referred to as "incremental amounts"). (a) In consideration of the right granted by the City to EGSI to use and occupy the Public Ways in the City for the conduct of its business under this agreement, the Company agrees to pay to the City franchise fees in the amount and manner described herein. The rate provided in Subsection (b) shall be effective for any delivery of electricity that will be billed to retail customers on the first day of the month immediately following the effective date of this franchise agreement. Franchise fee rental payments shall be made on a quarterly basis on or before the 15 th day of May, August, November and February for the preceding calendar quarter ending March, June, September and December of each year. The first quarterly payment shall be due on the due date immediately following the first full calendar quarter following the effective date of this agreement. If necessary, EGSI shall adjust its first payment to include any increase in the amount of franchise fees resulting from this agreement that are owed for deliveries made in any partial previous quarter for which this agreement became effective. Ail franchise fees due and owing to the City for the period prior to the effective date of this agreement shall be paid on or before the first day of August subsequent to the effective date of this franchise agreement. (b) Except as otherwise provided below in Subsection 10(g), and subject to any reductions in payments as provided below in this Section 10, the quarterly franchise fee shall be a sum of money which shall be equivalent to a $0.00316612909 charge per kilowatt hour (or "kWh") multiplied times the number of kilowatt hours delivered by EGSI to each retail customer whose consuming facility's point of delivery is located within the City's boundaries. (c) An underlying premise of this franchise agreement and the ordinance implementing it is that the Company shall be kept financially whole with respect to any and all incremental amounts, as defined above in this Franchise Agreement Page 8 Section 10. i. EGSI shall collect such incremental amounts through 1) a corresponding surcharge designed to collect the incremental increases in franchise fees calculated pursuant to the rate set forth in Subsection (b), including any increase due to the escalator provided for in Subsection 10(I), over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA, along with all applicable taxes, including gross receipts taxes ("corresponding surcharge"), which surcharge shall be approved by the Public Utility Commission of Texas ("PUCT° or "Commission"), and 2) a direct payment from the City to EGSI or a reduction in franchise payments to City, as set forth below. ii. The corresponding surcharge referred to in the preceding Subsection shall become effective on the 1 St day of the 1 st full billing cycle subsequent to the effective date of the ordinance implementing this franchise. iii. In the event the Company does not collect in the corresponding surcharge all incremental amounts associated with the three-month periods corresponding with the quarterly due dates as set out in Subsection 10(a), the Company is authorized to collect such amounts not collected in the surcharge ("uncollected difference") through either direct payment by City or a reduction of franchise payments to City as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any uncollected difference, such 30 days to run from City's receipt of Company's written notice, which shall identify the uncollected difference, the time period over which the uncollected difference accrued and a detailed explanation of the calculations. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of the uncollected Franchise Agreement Page 9 difference, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid uncollected difference not paid by the City. EGSI is authorized to implement the procedures set forth in this Subsection periodically as EGSI, in its sole discretion, determines is necessary to recover any ongoing uncollected difference. iv. With respect to the preparation for, or implementation of, retail open access in EGSi's Texas service territory, City agrees to authorize and support the approval and implementation of a monthly surcharge for both Entergy's affiliate distribution company in Texas ("DISCO") and Entergy's affiliate retail electric provider in Texas ("REP") that provides for the collection and recovery of the same amounts as are recovered through the corresponding surcharge described in Subsection 10(c). The monthly surcharge described in this subsection shall be in addition to the base rates otherwise established for DISCO or the Price to Beat rates otherwise established for the REP. v. The corresponding surcharge described in this Subsection 10(c) shall appear as a line item on EGSI's retail electric bill and identified as a "Municipal Franchise Fee." (d) In addition to the provisions of Subsection 10(c), EGSI is authorized to reduce the quarterly franchise payments by $150.00. Further, the City shall have until the latter of December 31, 2004 or 90 days after the effective date of this franchise agreement to pay to EGSI an amount of $24,400.00 for the cost of implementing the provisions of this franchise agreement ("implementation costs"). In the event payment in full is not timely made, the Company is authorized to reduce subsequent franchise payments in an amount necessary to recover the entirety of the implementation costs. (e) The City shall bear the costs and expenses of all claims, challenges, and lawsuits, of either the City or EGSI, regarding the validity of the new franchise agreement or the corresponding surcharge, regardless if such Franchise Agreement Page 10 claim or challenge is brought before a regulatory authority or in a federal or state court of law, including payment of attorneys fees and costs associated with the defense to EGSI or affiliates of EGSI for any legal or regulatory challenge to the new franchise agreement or corresponding surcharge, at the time such claim or challenge is made. The costs and expenses referred to in this Subsection include, but are not limited to: i. costs and expenses of the City, related to obtaining the corresponding surcharge; and/or ii. costs and expenses of or to EGSI, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI in the defense of such claims, challenges and lawsuits. (f) Such costs and expenses of or to EGSI, as are enumerated in Subsectionl0(e) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of franchise payments as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this Subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery any ongoing expenditure of such costs and expenses. (g) Upon the occurrence of any of the following events, the franchise fee rate provided for in Subsection 10(b) shall no longer be applicable or effective for the purpose of calculating the franchise payment: Franchise Agreement Page 11 i. the recovery of tJhe incremental amounts through a corresponding surcharge ceases, such as (but not exclusively) through the PUCT's determination that the incremental amounts shall be recovered through the Company's base rates rather than through the corresponding surcharge; ii. the PUCT or a court of competent jurisdiction 1) finds the corresponding surcharge unlawful or otherwise prohibits the surcharge recovery of the incremental amounts; 2) finds that the franchise fees calculated under this Section 10, or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by EGSI from its customers; or 3) in some manner prevents or prohibits EGSI from recovering said incremental amounts; and with respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, EGSI or Entergy's affiliate distribution company in Texas ("Disco") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly surcharge described in Subsection 10(c)(iv). Upon the occurrence of any of the events enumerated in Subsections 10(g) i, ii, or iii, the franchise rate effective immediately prior to the effective date of this franchise agreement shall be applicable and effective for the purpose of calculating the franchise payment under this franchise agreement. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding surcharge unlawful or otherwise prohibits a portion of the surcharge recovery of the incremental amounts, the franchise rate provided for under Subsection 10(b) shall be amended and adjusted such that the franchise payment made by the Company to the City is no greater than the amounts the Company is authorized to collect through its base rates and the corresponding surcharge. Nothing in the immediately preceding sentence permits the realignment of the recovery of any portion of the incremental amounts Franchise Agreement Page 12 from the corresponding surcharge to the Company's base rates, prohibited by Subsection 10(g)i. (h) If the PUCT or a court of competent jurisdiction orders EGSI to refund to customers any amounts for the franchise fees or any associated costs or expenses, including taxes, collected pursuant to this franchise agreement, such amounts refunded shall be recovered from the City pursuant to a direct payment or a reduction of franchise payments, under the procedure set forth in Subsection(c) iii above. (i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff (Corresponding Surcharge) i. City agrees that (a) it will adopt and approve the corresponding surcharge approved by the PUCT and accepted by EGSI as provided herein and, if required, amend accordingly the Municipal Franchise Surcharge attached to the implementing ordinance; (b) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of EGSI's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by EGSI in the manner consistent with this agreement; (c) in the event of an appeal of any such regulatory proceeding in which- the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by EGSI in the manner consistent with this agreement; and (d) subsequent to this agreement becoming effective, EGSI may take whatever action with, and seek whatever approval from, the PUCT, that it deems appropriate to continue to achieve full recovery of any incremental amounts under this agreement. ii. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such incremental amounts by EGSI. Neither the adoption of this franchise, the accompanying ordinance, nor the corresponding tariff shall be used by either the City or the Franchise Agreement Page 13 Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent fcr a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company in such matters, other than in requesting PUCT approval of the corresponding surcharge or in any direct court appeal of a PUCT order addressing the corresponding surcharge. (j) At the time of each quarterly payment, EGSI shall also submit to the City a sworn statement showing the following: (1) its kilowatt hour sales delivered to each retail customer whose consuming facility's point of delivery is located within the City's boundaries for the preceding calendar quarter upon which the franchise fee payment is calculated; (ii) a detailed listing of any claimed costs and expenses, including taxes, uncollected difference (not paid by City) and/or claimed refund items (all as referred to in this Section 10) ; and (iii) a detailed reconciliation of the quarterly franchise payment calculation. (k) Said quarterly payments above provided shall be exclusive of and in addition to ad valorem taxes. Any and all such quarterly payments made by Company pursuant to this Section shall be credited on any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. (1) Upon approval by the PUCT as provided herein, and beginning on the first anniversary of the effective date of this agreement and annually thereafter, EGSI shall annually adjust the total unit per kWh franchise fee rate, set forth in Subsection 10(b), by an amount to be designated in writing by the City based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code §283.055(x). The adjustment provided for in this Subsection shall become effective only upon the PUCT's approval of an equivalent adjustment to the corresponding surcharge which provides for the Company's collection Franchise Agreement Page 14 through the corresponding surcharge of the increase in the franchise payment resulting from the adjustment provided in this subsection. The approval of the PUCT referenced in the immediately preceding sentence may be obtained contemporaneously with, and contained in, a final order approving the corresponding surcharge, subject to acceptance by the Company, in its sole discretion, as provided in Section 18(a). Section 11. At all times during the continuance of the rights herein granted, Company shall keep in its office at the disposal of and open to inspection by the City of Beaumont at all reasonable times all contracts, books of accounts, and costs and operating records, a full, true, complete and accurate account of all monies received and expended, and liabilities incurred by it in connection with its business in the construction, maintenance and operation of its properties operated hereunder, and also complete statistical records of its business and operations. Notwithstanding the foregoing, City may conduct an inspection, audit, or other inquiry, or may pursue any cause of action in relation to Company's payments pursuant to this agreement only if such inspection, audit, inquiry or pursuit of a cause of action concerns a payment made less than two years before commencement of such inspection, audit, or pursuit of a cause of action. Section 12. The Company, its successors and assigns shall indemnify, save and hold harmless the City from any and all claims for injuries and damage to person or property occasioned by or arising out of the construction, reconstruction, maintenance, operation or repair of said Company's electrical lighting and power system, or by the conducting of Company's business in The City of Beaumont, or in any way growing out of the granting of this franchise, either directly or indirectly, or by reason of any act, negligence or nonfeasance of the contractors, agents or employees of Company, its successors and assigns, and shall refund to City all sums which it may be adjudged to pay on any such claim, or which may arise or grow out of the exercise of the rights and privileges hereby granted, Franchise Agreement Page 15 or by the ,abuse thereof, and Company shall indemnify and hold the City harmless from and on account of all damages, costs, expenses, actions and causes of actions that may accrue to or be brought by any person, persons, company or companies at any time hereafter by reason of the exercise of the rights and privileges hereby granted, or of the abuse thereof; provided, however, that the provisions of this Section shall not be applicable to any claims, damages, costs, expenses, actions or causes of actions proximately resulting from the use by City, its officers, agents, representatives or employees, of Company's poles and ductlines for the installation, maintenance or removal of City's equipment, as provided in Section 9. Section 13. In granting this franchise it is understood that the lawful power vested by law in the City to regulate all public utilities within the City and to regulate the local rates of public utilities within the City, within the limits of the Constitution and laws and to require all persons or corporations to discharge the duties and undertaking for the performance of which this franchise was made is reserved; this grant is made subject to all the rights, powers and authorities either of regulation or otherwise lawfully reserved to the City. Section 14. The rights, franchises and privileges granted hereby shall not be transferred or assigned by Company except with the consent of the City Council of The City of Beaumont expressed by Ordinance passed by said City Council. Section 15. The City shall have the right and reserves the right at any time within five (5) years of the expiration of the term hereof, but prior to the last twelve (12) months of said term, to purchase or cause to be purchased the property of the holder of this franchise located within the boundaries of The City of Beaumont and devoted to public service hereunder; said purchase, if made, to be effective at the expiration of the term hereof. If the City elects to exercise such purchase right, the values of such property, if not agreed between the parties, shall be determined in an appropriate proceeding filed in any court having jurisdiction; Franchise Agreement Page 16 provided, however, that before the City shall purchase or cause to be purchased such property of Company, the matter of such acquisition of such property shall be submitted at a municipal election to be determined by a majority vote of the qualified taxpayers voting thereon. Section 16. To the extent that the City has authority so to do, it gives to Company, during the life of this franchise, the right, license, privilege and permission to trim trees upon and overhanging the streets, alleys, sidewalks and public places of City, so as to prevent the branches of such trees from coming in contact with the wires or other equipment of Company. Company agrees that it will fully protect and indemnify City from any and all claims, demands, actions, causes of actions, damages and expenses arising because of such trimming by Company under the provisions of this Section. Section 17. (a) Except as provided in Section 10, Subsection (g), if any provision, section, subsection, sentence, clause or phrase of this franchise is, for any reason, held to be unconstitutional, void or invalid (or for any reason unenforceable), the validity of the remaining portions of this agreement shall not be affected thereby, it being the intent of the City in adopting this franchise agreement that no portion thereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation, and, to this end, all provisions of this franchise agreement are declared to be severable. (b) The failure of either party 1) to enforce any of its rights under this franchise agreement or 2) to take any action authorized under this franchise, shall not constitute a waiver of any rights, or a release of any obligations, provided or imposed by this franchise. Section 18. (a) This agreement shall become effective upon the latter of 1) the final passage of the ordinance approving this agreement, and 2) EGSI's Franchise Agreement Page 17 acceptance, in writing (in the form provided below) of a final order of the PUCT ("final order") approving the corresponding surcharge authorizing collection of the incremental amounts collected under the rate, as referenced in Subsection 10(c), as well as associated costs and expenses. Such acceptance shall be within the sole discretion of EGSI. if applicable, such acceptance shall be filed with the Office of the City Secretary, within thirty (30) days of the final order, in substantially the following form: To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2004, Ordinance No. amending, and accelerating the expiration of, the existing electric franchise between the City and EGSI and implementing the new franchise agreement, and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: In the event that EGSI has not filed said acceptance as required, and in the form provided, within the specified thirty (30) day period, this agreement shall not become effective. (b) Upon becoming effective pursuant to the terms of this Section, the franchise shall be in full force and effect for a term and period extending from its effective date until February 12, 2018. Section 19. This franchise replaces all former franchises granted to Company or its predecessors, which are hereby repealed, which repeal is effective as of the time the franchise herein granted takes effect. Section 20. The full text of this franchise agreement shall, after final passage by the City Council of The City of Beaumont, be published once each week for four (4) Franchise Agreement Page 18 consecutive weeks in a newspaper of general circulation published in The City of Beaumont, and the expense of such publication shall be borne by Company. Passed first reading on the day of Passed second reading on the day of Passed third and final reading on the day of Passed this the day of Approved this the day of , Mayor of the City of Beaumont, Texas Signed this day of , 2004 President, Entergy Gulf States, Inc.--Texas Mayor of the City of Beaumont, Texas Franchise Agreement Page 19 EXHIBIT B ENTERGY GULF STATES, INC. TARIFF FOR MUNICIPAL FRANCHISE FEES Applicable: Within City Limits of Beaumont, Texas Effective Date: On 1St day of lst full billing cycle subsequent to effective date of Ordinance Approvin Tariff Municipal Franchise Fee Surcharge And Associated Tax Adjustment APPLICATION This schedule is applicable to all electric service rendered by Entergy Gulf States, Inc. to retail customers whose consuming facility's points of delivery are located within the City Limits of Beaumont, Texas. MONTHLY RATE ADJUSTMENT Municipal Franchise Fee Surcharge $0.00101366502 per kWh In addition, the municipal franchise fee surcharge shall be adjusted for state gross receipts taxes imposed by Sections 182-021 — 182-025 of the Texas Tax Code. The municipal franchise fee surcharge shall also be adjusted by an amount equivalent to the amount of all applicable taxes and any other governmental impositions, rentals, fees, or charges (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed upon or allocated to Company with respect to the Electric Service provided to Customer by Company, and any associated facilities involved in the performance of'such Electric Service. The municipal franchise fee surcharge shall also be adjusted by an amount equivalent to the proportionate part of any increase or decrease of any tax and any other governmental imposition, rental, fee, or charge (except state, county, city, and special district ad valorem taxes and taxes on net income) levied, assessed, or imposed subsequent to the effective date of this tariff, upon or allocated to Company's operations, by any new or amended law, ordinance, or contract. The municipal franchise fee surcharge shall further be adjusted annually by EGSI by an amount which provides for the Company's collection through the municipal franchise fee surcharge of the increase in the franchise payment resulting from the annual adjustment to the franchise fee rate, as provided in the franchise, based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code §283.055(8). TERMS AND CONDITIONS Electric Service will be furnished in accordance with Entergy Gulf States Inc.'s tariff manual and standard terms and conditions. 1 7 September 14, 2004 Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans Cit y of Beaumont •�• Council A g enda Item . = K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 1, 2004 REQUESTED ACTION: City Council consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans. RECOMMENDATION Administration recommends that Council approve medical contribution rate changes for retirees including their dependents effective January 1, 2005. BACKGROUND Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statute. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 182 retirees on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which state, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%;single rate+1 at 58%;and the family rate at 54%of the COBRA rate on January 1 st annually." This same formula is utilized when calculating the contribution rate for civilian retirees. Monthly fixed rates for the PPO plan remain the same while HMO Blue Texas increased the HMO plan rates 6.0%. As such, retiree rates effective January 1, 2005 based on each medical plan will be as follows: 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 implement the contribution rate changes as shown below for retirees including their dependents who are on the City's medical and/or dental plans effective January 1, 2005. Plan Medical Prescription 2005 2004 2005 and Rate Drug Rate COBRA Retiree Retiree Category 2005 2005 Rate* Rate Rate PPO (EO) $273.85 $55.96 $329.81 $227.57 $227.57 (E1) $677.80 $133.88 $811.68 $470.77 $470.77 (E2) $890.23 $182.08 $1,072.31 $579.05 $579.05 HMO (EO) $233.00 $55.96 $288.96 $190.28 $199.38 (El $561.51 $133.88 $695.39 $384.89 $403.32 (E2) $799.14 $182.08 $981.22 $505.431 $529.85 *Rate does not include BCBS administration fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - 8 September 14,2004 Consider approving a one year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded Preferred Provider Organization(PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization(HMO) with HMO Blue Texas City of Beaumont •,� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie A. Dodson, Human Resources Director MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 1, 2004 REQUESTED ACTION: Council approval of a one year contract with Blue Cross Blue Shield of Texas for third party administration of the City's self funded Preferred Provider Organization(PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization(HMO)with HMO Blue Texas. RECOMMENDATION Administration recommends that council award a one year contract effective January 1, 2005 to Blue Cross Blue Shield ofTexas(BCBSTX)for third parry administration ofthe City's self funded Preferred Provider Organization (PPO) medical plan, self funded dental plan and a fully insured Health Maintenance Organization(HMO Blue Texas). BACKGROUND Full time city employees are offered medical and dental benefits. The medical and dental benefits consist of a fully insured HMO plan, a self funded PPO plan and a self funded dental plan. There are 544 participants enrolled in the HMO plan,463 active employees and 81 retirees. There are 816 participants enrolled in the PPO plan, 715 active employees and 101 retirees. In the dental plan, there are 944 participants enrolled, 930 active employees and 14 COBRA participants. In June 2004, City staff began analyzing the City's health care costs. Staff also began working with the City's health benefit consultant, McGriff, Siebels and Williams of Texas, Inc., to determine if the City should request bid proposals for the City's HMO, PPO, and dental plans or remain with the current administrator, Blue Cross Blue Shield (BOBS) for 2005. After evaluating the market, McGriff concluded that BCBS offered the most cost effective plans. Because of the extensive BCBS network, deep BCBS provider discounts,ability to retain continuity of insurance and the lack ofother extensive provider networks,in June staffrequested BCBS renewal rates. BCBSTX Renewal September 1, 2004 Page 2 McGriW s negotiations with BCBS resulted in a rate increase that was within industry trends. The final negotiations resulted in the HMO rates increasing 6.0%. The PPO's monthly fixed costs which include stop loss and administration fees will remain the same. Renewal rates for the self funded dental plan did not increase. Staff recommends implementation of the following negotiated HMO and PPO rates January 1, 2005: 2004 Monthly HMO Rates 2005 Monthly HMO Rates Employee Only $219.81 $233.00 Employee+ 1 Dependent $529.73 $561.51 Employee+Family $753.91 $799.14 Fixed Costs 2004 Monthly PPO Stop Loss 2005 Monthly PPO Stop Loss and Administration Rates and Administration Rates Employee Only $57.17 $57.17 Employee+ 1 Dependent $77.88 $77.88 Employee+Family $77.88 $77.88 BUDGETARY IMPACT Appropriation of funds is available in the Employee Benefits Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. S\AGENDAUGENDA r1EM MEM0S\coumed05.wpd 9/10/04 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 enter into a contract with Blue Cross and Blue Shield of Texas for a one-year contract commencing January 1, 2005 to provide third-party administration of the City's self-funded Preferred Provider Organization (PPO) medical plan, self-funded dental plan and a fully-insured Health Maintenance Organization (HMO) with HMO Blue Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - �� city of Bmumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 14, 2004 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve an annual contract to furnish Fire Department uniforms B) Approve a resolution authorizing the City Manager to accept a Local Law Enforcement Block Grant from the Department of Justice; Bureau of Justice Assistance in the amount of$77,895 C) Approve a resolution authorizing the granting of a License to Encroach to Joseph F. Delage and, his wife, Patsy Lou Delage for a garage encroaching into the City's 20-foot utility easement and the adjacent 16-foot wide utility corridor located at 580 24' Street D) Approve a resolution authorizing the acceptance of a 10-foot wide sanitary sewer easement across the northeast corner of State Highway 105 at Major Drive [FM 364] to serve the new Dollar General Store E) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Christina Court Section II, Phase I and II, Subdivision F) Approve a resolution authorizing the settlement of the claims of Marilyn Stephens, Catherine Bertrand and`ferry Chism brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont A 79ijCity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: September 14, 2004 AGENDA MEMO DATE: August 27, 2004 REQUESTED ACTION: Council consider the award of an annual contract to furnish Fire Department uniforms. RECOMMENDATION Administration recommends the award of an annual contract to supply Fire Department uniforms to Lone Star Uniforms of Houston, Texas for Elbeco and Dickie brand shirts and trousers and to Cotton Cargo of Beaumont,Texas for Jonathan Corey brand shirts at the unit prices indicated on the attached Bid Tabulation. BACKGROUND Firefighters are provided uniforms on an as needed basis throughout the year. New firefighters are issued three (3) shirts and two (2) pair of trousers. Bids were solicited from twenty (23) vendors for furnishing Elbeco, Dickie, and Jonathan Corey brand uniform items for firefighters. Prices were requested for men's and women's dress trousers, work trousers,uniform sport shirts, and traditional uniform shirts. Vendors were given approximate yearly usage quantities for each item and were asked to provide an itemized price list. Five (5) vendors submitted pricing for the various uniform items as indicated on the attached Bid Tabulation. BUDGETARY IMPACT Funds for uniforms are budgeted in the Fire Department's operating budget. The estimated total cost for Elbeco, Dickie, and Jonathan Corey brand products combined is $31,516.76. PREVIOUS ACTION None. Annual Contract for Fire Uniforms August 27,2004 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Fire Chief. BID TABULATION ANNUAL CONTRACT FOR FIRE DEPARTMENT UNIFORMS LONE STAR C&G WHOLESALE CODE BLUE TYLER UNIFORM UNIFORM HOUSTON,TX BEAUMONT,TX TYLER,TX HOUSTON,TX EST ELBECO&DICK BRAND UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL QTY PRODUCTS PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE 40 ElbecoDressTrouser-Men's $28.90 $1,156.00 $30.55 $1,222.00 $33.50 $1,340.00 $35.60 $1,424.00 220 Elbeco Work Trouser-Men's $27.60 $6,072.00 $29.19 $6,421.80 $32.00 $7,040.00 $33.97 $7,473.40 220 Dickie Work Trouser-Men's $19.97 $4,393.40 $19.15 $4,213.00 $23.75 $5,225.00 $21.84 $4,804.80 8 Elbeco Work Trouser-Women's $27.60 $220.80 $29.19 $233.52 $32.00 $256.00 $33.97 $271.76 120 Elbeco Short Sleeve Shirt-Men's $20.85 $2,502.00 $22.04 $2,644.80 $26.00 $3,120.00 $26.61 $3,193.20 120 Elbeco Long Sleeve Shirt-Men's $24.50 $2,940.00 $25.22 $3,026.40 $29.00 $3,480.00 $30.33 $3,639.60 8 Elbeco Short Sleeve Shirt-Women's $20.85 $166.80 $22.04 $176.32 $26.00 $208.00 $26.61 $212.88 8 Elbeco Long Sleeve Shirt-Women's $24.50 $196.00 $25.22 $201.76 $29.00 $232.00 $30.33 $242.64 ESTIMATED ANNUAL TOTAL: $17,647.00 $18,139.60 $20,901.00 $21,262.28 COTTON CARGO LONE STAR TYLER UNIFORM BEAUMONT,TX UNIFORM TYLER,TX BEAUMONT,TX EST JONATHAN COREY BRAND UNIT TOTAL UNIT TOTAL UNIT TOTAL QTY PRODUCTS PRICE PRICE PRICE PRICE PRICE PRICE 700 J Corey Sport Shirt-Men's $19.48 $13,636.00 $24.50 $17,150.00 $27.51 $19,257.00 12 J Corey Sport Shirt-Women's $19.48 $233.76 $24.50 $294.00 $27.51 $330.12 ESTIMATED ANNUAL TOTAL: $13,869.76 $17,444.00 $19,587.12 City of Beaumont �I u7L-711 Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: September 14, 2004 AGENDA MEMO DATE: August 23, 2004 REQUESTED ACTION: Council adopt a resolution authorizing the City Manager to accept a Local Law Enforcement Block Grant from the Department of Justice;Bureau of Justice Assistance in the amount of$77,895. RECOMMENDATION Administration recommends authorizing the City Manager to accept the Local Law Enforcement Block Grant from the Department of Justice. BACKGROUND The City has been awarded a block grant from the Department of Justice; Bureau of Justice Assistance since 1996. These funds are important in supporting special units and programs through purchasing equipment and paying for officer overtime for special events. BUDGETARY IMPACT An additional$77,895 will supplement the Police Department's budget. A matching grant in the amount of$8,655 will be required from the city. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. c Cit y of Beaumont ~ Council Agenda Item 'M K g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: August 30, 2004 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to Joseph F. Delage and, his wife, Patsy Lou Delage for a garage encroaching into the City's 20-foot utility easement and the adjacent 16-foot wide utility corridor located at 580 24r'Street. RECOMMENDATION An existing 24.1-foot x 24.4-foot garage is encroaching 20 feet into the City's 20-foot utility easement on Lot 26, Block 15, Calder Place Addition (580 24th Street) and 4.1 feet into the adjacent 16-foot wide utility corridor (Lot 28, Block 15, Calder Place Addition). Administration recommends authorization to execute the License to Encroach. BACKGROUND The License to Encroach protects the City from liability and provides a 30-day cancellation clause. BUDGETARYIMPACT There is a one time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager, Public Works Director and City Engineer. engdelage-ib.wpd 30 August 2004 SUBJECT LICENSE TO ENCROACH TERRI Z LOT 26, BLOCK 15 C I CTOR > zi [IN T CALDER PLACE ADDITION u HARRIS Z N F w W ESMT. SC CH M,14 C LD R- BRA T —111 ILIIRT (580 24th STREET) DTI cc VA, 0- LIBER TY-.LAUREL -T RE,- E so CA z m Olt PEC OWNERS: CAMBRIDGE N LIN x (az pq JOSEPH F. DELAGE 0 Rl E B LO�A L A LO❑ RUSK L AND DEVON ISE LVD W CEDAR W CED BRISTOL PATSY LOU DELAGE BRISTOL T 7 1 11 �JDF� kI]EIR co ORD u zl i BROM I I BELL6RE N LOCATIEN MAP LEGEND N.T.S, ® SUBJECT PROPERTY N , L Ag a 3-40 2-0 SCOTCH STS 27 /Zo /Zo 30 GARAGE 13 t. 2 b hi H _ _ _ _i 0 40 of 24.1' IN 11 14 0 10 15 24 ti -sa Q < 0 q 11 z A As w 17 N ID �-u U COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Existing garage encroaching into the City's 20 foot Utility Easement and adjacent 16 foot wide utility corridor,24.1 feet _ for a distance of 24.4 feet. [580 24t' Street — Calder-Place- Addition] APPLICANT: Joseph F. Delage, Jr. and Patsy Delage DATE OF DISTRIBUTION: August 20, 2004 1) Joris P. Colbert, City Engineer Date Received: 08-23-2004 Acceptance and Approval. 2) Jim Terry, Streets &Drainage Superintendent Date Received: 08-23-2004 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 08-24-2004 Acceptance and Approval. 4) Joe Majdalam, Water Utilities Date Received: 08-25-2004 Acceptance and Approval. Water Utilities has a 6" Sanitary Sewer line in the 20' easement and a 10' Sanitary Sewer line in the 16' easement. Also, there is an abandoned septic tank within the 20' easement. Water Utilities will not be responsible for the garage if damages occur during the repair, maintenance or natural occurrences to the above referenced Sanitary Sewer lines. The 6" and 10" Sanitary Sewer lines are existing under the garage. 5) Stephen Richardson, Planning Manager Date Received: 08-20-2004 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 08-23-2004 Acceptance and Approval. 7) Patrick Sam, CenterPoint Energy Entex Date Received: 08-20-2004 Acceptance and Approval. 8) James Bryant, Entergy Date Received: N/A 9) Cliff Moore, Southwestern Bell Corporation Date Received: N/A 10) Richard LeBlanc, D.D.46 Date Received: 08-24-2004 Acceptance and Approval. 11) Tyrone Cooper, Legal Department Date Received: 08-27-2004 Acceptance and Approval; subject to the concerns of the water utilities manager. comments summary-de Iage O M.H.UEP TH wn�, J701 0 3duu 3.5 1 3760 �'� m 9.58 M.H.DEPTH CONC. 8„ 8.08 M.H.DEPTH 6 13 v 13 6.9t 13 14 13 14 12 12 5 14 0 12 4 15 11 3 16 10 2 17 9 10"CONC 00 8 1 ID 7 1 2 3 4 5 6 4 6°CONC 7 8 CONC. ci 0 2 O I 2 � 7 8 9 10 ° o _ 17 920 1 1 26 1 20, 0 42 5 3.75 3.75 m 10°CONC. 10°CONC. 10° CONC. T 0 133 0 12 13 F'14 I3 3700 14 _ II i 2 4_A 5`A Ilo 12 10 0 ��' 6 27 N 9 _ 12 13 26 g 5 N _ 2 U N 7 �°, 4 11 = 14 2S -_ lz 00 u O m 3 = 10 =� 15 24 a H 4 9 16 23 O 0 2 N - 1 Do CON — 4,�3d fl9 3) 8 17 22 I /5° IB N 21' CpMC 1516 7 N = i L9 20 r+ 0 H 40,9.9 c°, 1 2 4 3 n 2 15"CONIC. 7.751-1 15° PVC. N 6.42 3925 t 1992 _4 = 5 1• z = v 0 u F a z ,� 4 N 5 °u CALDWOOD PLAZA N tO) ay 23RD ST. SHOPPIr` m 8 6 39.20 2 g" P I T STOP n H N 1 �N e 10 CONC. 6" PVC u - - - ' - - - - 3995 3915 00 n m c� DAIRY '" QUEEN 7 6 T1 Jr r _r 6 s-- a L D ,E1 City of Beaumont r• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 7, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 10-foot wide sanitary sewer easement across the northeast corner of State Highway 105 at Major Drive [FM 364] to serve the new Dollar General Store. RECOMMENDATION William T. Edgar, Paul J. Cormier, and Robert P. Cormier, the owners of the property listed below, have agreed to convey a 10-foot wide sanitary sewer easement to the City of Beaumont: One (1) 10-foot wide Sanitary Sewer Easement - 0.0508 acre tract out of Tract 2-A, Replat of Lot 2, Rand Addition and located across the northeast corner of State Highway 105 at Major Drive Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide sanitary sewer service to the new Dollar General Store. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngDollarGeneralEasementib.wpd 7 September 2004 SUBJECT w TEN FOOT (10') ' DR. SANITARY SEWER EASEMENT ���� EI Bf'!UCCA PCH v� GRIFr 11REIHORN A _ I MEOCR oP� / N W.ERE w vER P,AGO Q- -� P E MEN _ a n PIND(J TRACT 2—A, REPEAT OF LOT o 2 SIERR ° � a Q RAND ADDITION S WINDEMERE os Q CLAY OQ- OWNER: A JOYCE JU IE 3R)GE 64 WILLIAM T. EDGAR, PAUL J. CORMIER and ROBERT P. CORMIER L❑CATI❑N MAP LEGEND N T,S. ® SUBJECT PROPERTY mz� LT wv �,►,{� - H>O a o .w N J I � I ° 0.0508�01 LAND FOR SANRAR7 _ 3XIM L9OIR T YORPOm 007 OF TRACT 2-A.RMAT OF LOT 2 j RAND ADDITION o JZ"M SON COUN r.TEXAS rn 0 ,a ,a 3 W-W v vi a w u� _________STATE H11Y 105 0 a 0 N m ^ _ m 3 ID 0 a w_ U E 11 ..72171 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 7, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Christina Court Section II, Phase I and II, Subdivision. RECOMMENDATION Administration recommends approval of the following: • Christina Court from existing dead end approximately 174 linear feet north to and including the cul-de-sac and approximately 384 linear feet west to and including the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 16-27, Christina Court, Section II, Phase I and II. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on August 26, 2004. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngAgenChristinaCrtS2P 1&2.wpd September 7,2004 m pICADILLY r HAM o DEWBER �2 z AMILTON p�v �OICORD MARGO LANDRY Sp 3 pI'I'e �J�2- F�cFR •v� ODOM w ~ �'CO^iC0 n51s Lu a v Rd LDW N �y F LJ Lo Z r �df 9r0 w A COLLIER ® w� vGP Jr� �� w roC M a P T RDUS Y Pp� 4 2 69 Q N •o �V � FOLSOM s9 F❑ SOM S`� 96 Y ARTHUR 287 OAKWG v ¢w ENNYS N G� m U ALE IG w CO F�F zo ASHW❑ COOL D ROWNI G TAFT MAPLE OD W L' ILTO FO BROWNST NE Z NWILLO DOD \¢ w TIMBER OOD Z R PROJECT 3 ° 3 DOGWO D w 31 v \ ACK GOD 3 SITE 32 w 3 °a 33 IANE= BLACKMON D LAWAR U \ W W DELAWARE L ¢ HYDE P f w SLEEPY OCON NE PIR I _ p w BAR ON Liu U KIN - LAZY W U Z HAM AUSTIN LA COW i HAt4WOO INGS N Q I = a pIC WICK w G LEWOOD N TANG EDAHL ¢ � /HEAT INK TAFF B L Y IELDWOO n KENWOOD E IT�LE TWGO u E ONWOOD DURWO D y w DELWOOD i-- r CREST OGD S LROS ORKWOOD DAN H ¢ RENTW ERENE AYWOOD � w VIKIN LANARK o z x U w N GLADYS a n v Np O a CHRISTINA COURT a SECTION 11, PHASE I & II T 3 SUBDIVISION N _C 3 W m a 'C {11 U VO%W Cit y of Beaumont qw- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: September 14, 2004 AGENDA MEMO DATE: September 10, 2004 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claims of Marilyn Stephens, Catherine Bertrand and Terry Chism brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing in the amounts below settlement of the claims of Marilyn Stephens, Catherine Bertrand and Terry Chism brought in the lawsuit styled Penni Simonson, et al v. The City of Beaumont. BACKGROUND Council discussed the resolution of these lawsuit claims in an Executive Session held on August 10, 2004. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. SAAGENDA\AGENDA ITEM MEMOS\LAWSUIT.wpd RESOLUTION NO. WHEREAS, the claims of Marilyn Stephens, Catherine Bertrand and Terry Chism in the lawsuit styled Penni Simonson, et al v. The City of Beaumont, were discussed in an Executive Session properly called and held Tuesday, August 10, 2004; and, WHEREAS, the Council desires to authorize the settlement of the claims of Marilyn Stephens, Catherine Bertrand and Terry Chism in the lawsuit styled Penni Simonson, et al v. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle in the amounts below the claims of Marilyn Stephens, Catherine Bertrand and Terry Chism in the lawsuit styled Penni Simonson, et al v. The City of Beaumont. Marilyn Stephens $50,000 Catherine Bertrand $22,500 Terry Chism $36,500 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of September, 2004. - Mayor Evelyn M. Lord - G:\CG\AGENDA\RESOLUTI\CLAIMLAW.DOC\RESO-LAWSUITS\STEPHENS-BERTRAND-CHISM-9-04.wpd