HomeMy WebLinkAboutPACKET SEPT 20 2005 ti7ijaj
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL,
COUNCIL CHAMBERS SEPTEMBER 20,2005 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Sina Nejad would be appointed to the Planning and Zoning Commission. The term would
commence September 20, 2005 and expire September 19, 2008. (Councilmember Nancy
i Beaulieu)
A) Approve the appointment of Bettye Kyle Thomas as a Senior Assistant City Attorney and
setting her starting compensation
B) Approve the purchase of motorcycle video equipment for the Police Department
C) Amend Resolution Number 05-199 to correct the name of an appointee to the Historic
Landmark Commission
•
A
117EJCity of Beaumont
.4
_j ArTasoffixIMOL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 15, 2005
REQUESTED ACTION: Adopt a resolution approving the appointment of Bettye Kyle
Thomas as a Senior Assistant City Attorney and setting her starting
compensation.
RECOMMENDATION
The City Attorney recommends that the appointment of Bettye Kyle Thomas as an Assistant City
Attorney for the City of Beaumont be approved at a starting salary of$63,000 annually.
BACKGROUND
Under the Charter,the City Attorney may appoint his assistants with the approval of the City Council
at such compensation as set by the Council. The position vacated by the promotion of Joseph Sanders
has been vacant since December and we have interviewed applicants for the vacant position. Mrs.
Thomas is very qualified for this position. Her resume is attached for your review.
BUDGETARY IMPACT
The amount necessary to pay the salary and benefits of the position are available in the City Attorney's
budget for Fiscal Year 2005.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Attorney
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the appointment of Bettye Kyle Thomas as Senior Assistant City Attorney for the City
of Beaumont be and the same is hereby approved and her initial salary is established at
$63,000 annually and thereafter as established by the Budget of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
September, 2005.
- Mayor Guy N. Goodson -
10-23-'04 07:53 FROM- T-448 P02/03 U-015
6198 Afton bane-Beaumont, Texas 77706-cell(409)466-2294-home(409)860-9610
PROFESSIONAL EXPERIENCE
► Assocrar$ 2004 to present
Chambers, Templeton, Cashiola & Thomas, L.L.P.
2090 Broadway, Beaumont, Texas 77701
Associate in a small to mid-sized civil defense firm, whose chief practice is
insurance defense. Manage various litigation files, including several
governmental defense files. Assist partners at trial.
► Assn. Crry ATTORNEY 2001 to 2004
City of Amarillo
507 S.E. 7'Ave., Amarillo, Texas 79701
Served as a civil litigator for a self-insured municipality of 170,000,
providing advice and legal defense in situations involving employment,land
use, code enforcement, civil service, Tort Claims Act, civil rights, appellate
practice, and other issues and claims involved in defending a municipality
and protecting its interests. First chair attorney for most lawsuits filed by
or against the City. Legal advisor for the Planning and Zoning Commission
and the Zoning Board of Adjustment. Prepared ordinances in planning,
zoning,and other areas. Served as an interim municipal prosecutor, when
required.
► Assocm= 1998 to 2000
Law Office of J. Arnold Aguilar
1200 Central Blvd., Suite H2, Brownsville, TX 78520
Associate in a 2-attorney firm specializing in defending governmental
entities. Handled files in all phases of litigation, including discovery, trial,
and interlocutory appeals.
' AssoCUTL 1997 to 1998
Brasch& Taylor, L.L.P.
806 Morgan Blvd., Suite J, Harlingen, Texas 78550
Associate in a 3-attorney firm specializing in family law. Managed family
law files in all types of family law matters, including divorces, custody
suits, child support suits, and suits to enforce a Divorce Decree.
Represented clients in hearings for temporary and final orders.
10-23-'04 07:53 FBOM- T-448 P03103 U-015
ASSOCIATE 1994 to 1997
Ray J. Black &Assocfates
528 Austin Ave., Waco, Texas 7670I
Associate in a 2-attorney firm with a general civil and criminal practice.
Assisted Mr. Black in all pre-trial phases of litigation, for family and
criminal matters. Managed several family law cases, including temporary
and final hearings. Negotiated criminal plea agreements,and attended plea
hearings.
EDUCATION
Jmus DOCTORATE 1994
Baylor University School of Law Waco, Texas
B.A. IN POLITICAL SCIENCE 1987
Austin College Sherman, Texas
ADDITIONAL PROFE88IONAL ACTTVY'ITIES AND HONORS
CERTIFICATE WITS HONORS, The National Center for Paralegal Training,
Atlanta GA, 1989. ORDER OF THE BARRISTERS , Baylor University School of
Law. licensed to practice in the Eastern,Northern, and Southern Districts
of Texas. Member of Jefferson County Bar Association.
B
• City of Beaumont
•�•
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 9, 2005
REQUESTED ACTION: Council consider the purchase of motorcycle video equipment for the
Police Department.
RECOMMENDATION
Administration recommends the purchase of motorcycle video equipment from Mobile-Vision,Inc.
of Boonton, New Jersey in the amount of$34,363.
BACKGROUND
Council has previously approved purchases of video surveillance equipment beginning in 1994.
Trunk mounted video camera systems are currently installed in sixty-one(61)patrol vehicles. The
equipment is used to record all traffic stops and disturbances, and serves as a tool to enhance
officer safety. The audio/video recordings are also used as evidence in court as they provide a fair
and impartial account of an incident.
The Traffic Division operates five (5) motorcycle units that are currently equipped with audio
recorders only.The VHS format video surveillance equipment installed in the patrol vehicles cannot
function on the motorcycles. Recording systems using older technology such as 8mm and VHS
formats fail to operate properly due to the vibration and heat generated by a motorcycle. Recent
technology developments have enabled DVD audio/video recording equipment to withstand this
rigorous environment. The motorcycle video equipment would be used for the same purposes as the
video equipment in patrol vehicles.
Proposals were solicited from eight(8) vendors to supply motorcycle digital audio/video recording
systems. Two (2) proposals were received. A tabulation is attached for review. While EYE COM
Corporation of Hartland, Wisconsin presented the lowest price, their proposed system is not fully
developed and has not been successfully field tested on motorcycle equipment.
Purchase of Motorcycle Video Equipment
September 9,2005
Page 2
Administration recommends the proposed system from Mobile-Vision, Inc. which has been tested
successfully on police motorcycles. The Mobile-Vision system includes digital video recorders
mounted to the motorcycles that activate manually or by officer actions such as speed acceleration
and lights or siren activation. Audio and video data is recorded and transferred using flashcard
technology into a storage unit capable of holding 90 days of digital video.
BUDGETARYIMPACT
Funds are available in the Confiscated Goods Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Internal Services Director, Finance Officer, and Police Chief.
Purchase of Motorcycle Video Equipment
September 9,2005
Page 3
EYE COM Corp. Mobile-Vision, Inc.
Hartland, WI Boonton,NJ
5 Motorcycle Digital Video Recorders $24,475 $24,975
1 Capture/View Station - $6,895 $2,885
PC with all necessary control software and
hardware networked with a flashcard reader
transfer unit and the storage unit
1 Storage Unit-including hard drive storage space to $795 $4,378
hold minimum of 90 days of digital video
Installation&Training $850 $2,125
TOTAL: $33,910 $34,363
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• ' C
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 20,2005 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 4-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider adopting the FY 2006 Budget
2. Consider accepting the tax roll and establishing the property tax rate for the tax
year 2005 (FY 2006)
3. Consider adopting the 2006 Capital Program
4. Consider amending various parts of Section 29-40 through 29-64 of the Code of
Ordinances relating to taxicabs
5. Consider approving an agreement with Cook Shaver Parker&Williams, P.C. for
auditing services related to the 2005 fiscal year
6. Consider authorizing the City Manager to execute an extension of the Beaumont
Community Players' Development and Lease Agreement
7. Consider approving the City of Beaumont Investment Policy with changes
COMMENTS
* Couneilmembers/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:
In the Matter of Arbitration between The City of Beaumont and Beaumont
Firefighters' Local 399
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 20, 2005
Consider adopting the FY 2006 Budget
City of Beaumont
Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 12, 2005
REQUESTED ACTION: Consider adopting the FY 2006 Budget
RECOMMENDATION
Administration recommends Council adopt the FY 2006 Budget as submitted to Council on
August 16, 2005.
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 $172,310,399. Additionally, a
contingency appropriation of$1,500,000 is made for the General Fund.
PREVIOUS ACTION
The FY 2006 Budget was reviewed during a workshop on August 30, 2005. A public hearing
was held on August 30, 2005 which met the requirements of the Charter but not state law. A
second public hearing was held on September 6, 2005 that met the requirements of state law.
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, 2005 AND ENDING SEPTEMBER 30, 2006 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, 2005 and ending September 30,
2006; 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, 2005, and ending the 30th day of
September, 2004, 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 $80,063,700
b. Debt Service 13,741,300
C. Water Utilities 29,490,600
d. Solid Waste Management 8,274,600
e. Hotel Occupancy Tax 2,069,000
f. Henry Homberg Golf Course 434,500
g. Street Maintenance 36,199
h. Municipal Transit 10,822,600
i. Other Special Revenue 848,600
j. Capital Reserve 4,136,100
k. Fleet Management 5,169,200
I. Employee Benefits 14,710,500
M. General Liability 1,004,500
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
$63,000 annually and thereafter as established by the Budget of the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
September, 2005.
- Mayor Guy N. Goodson -
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 8,474,094 10,359,392 11,083,128 12,844,518
REVENUES
Sales and use tax 27,063,841 26,900,000 27,670,000 28,215,000
Property taxes 15,244,109 17,236,000 17,415,000 19,939,000
Industrial payments 11,920,119 11,461,100 11,456,900 11,560,700
Gross receipts tax 5,945,346 6,076,000 6,056,000 6,078,000
Utility fund in lieu 6,279,000 6,279,000 6,279,000 6,279,000
Charges for services 2,733,456 2,728,700 3,142,100 3,133,700
Fines and forfeits 1,738,636 1,905,000 1,682,800 1,750,000
Licenses and permits 1,314,852 1,176,700 1,321,500 1,325,900
Culture and recreation 785,549 722,400 666,800 660,300
Interest earnings 228,502 250,000 400,000 400,000
Miscellaneous revenue 821,651 740,000 942,900 737,300
TOTAL REVENUES 74,075,061 75,474,900 77,033,000 80,078,900
TOTAL AVAILABLE RESOURCES 82,549,155 85,834,292 88,116,128 92,923,418
EXPENDITURES
Police 19,805,059 21,203,000 21,108,400 24,092,700
Fire 15,782,826 16,622,300 16,517,200 18,439,700
Public Works 8,676,239 9,051,900 9,152,000 10,426,900
Internal Services 8,570,686 8,925,000 9,200,600 8,058,900
Public Health 4,179,405 4,600,700 4,322,400 6,178,600
Finance 1,889,727 2,023,800 1,978,700 3,742,800
Community Services 2,182,510 2,297,200 2,252,950 3,473,700
Executive Office 1,181,220 1,186,500 1,295,750 1,423,500
Human Resources 691,313 731,100 758,700 899,300
City Attorney 622,686 671,900 565,460 707,400
City Clerk 194,598 231,700 189,950 214,200
TOTAL EXPENDITURES 63,776,269 67,545,100 67,342,110 77,657,700
OTHER FINANCING USES:
Transfers out 7,689,758 7,929,500 7,929,500 2,406,000
TOTAL APPROPRIATIONS 71,466,027 75,474,600 75,271,610 80,063,700
EXCESS(DEFICIT)REVENUES
OVER APPROPRIATIONS 2,609,034 300 1,761,390 15,200
ENDING FUND BALANCE:
Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000
Unreserved 9,583,128 8,859,692 11,344,518 11,359,718
TOTAL ENDING FUND BALANCE $ 11,083,128 10,359,692 12,844,518 12,859,718
EXHIBIT "A"
DEBT SERVICE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 2,718,885 1,454,232 1,526,258 1,917,958
REVENUES
Property taxes 13,147,093 12,949,000 12,980,000 12,399,000
Interest earnings 75,617 45,000 100,000 100,000
Miscellaneous revenue 340,681 337,100 337,100 333,100
Contributions from other funds 758,762 811,200 811,200 819,400
TOTAL REVENUES 14,322,153 14,142,300 14,228,300 13,651,500
TOTAL AVAILABLE RESOURCES 17,041,038 15,596,532 15,754,558 15,569,458
EXPENDITURES
Principal and interest 13,823,557 14,174,800 13,475,600 13,733,300
Service charges 6,609 8,000 8,000 8,000
Other operating expenses - - 353,000 -
TOTAL EXPENDITURES 13,830,166 14,182,800 13,836,600 13,741,300
EXCESS(DEFICIT)REVENUES
OVER APPROPRIATIONS 491,987 (40,500) 391,700 (89,800)
RESIDUAL EQUITY TRANSFER
OUT (1,684,614) - - -
ENDING BALANCE $ 1,526,258 1,413,732 1,917,958 1,828,158
WATER UTILITIES FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 3,972,833 5,787,733 7,730,393 8,302,193
REVENUES
Water sales 16,257,737 15,617,000 16,200,000 16,200,000
Sewer charges 10,608,940 10,830,000 10,720,000 11,100,000
Other fees and charges 1,530,518 1,315,000 1,684,400 1,614,400
Interest 65,019 50,000 200,000 200,000
Miscellaneous revenue 79,616 9,000 35,100 10,200
TOTAL REVENUES 28,541,830 27,821,000 28,839,500 29,124,600
TOTAL AVAILABLE RESOURCES 32,514,663 33,608,733 36,569,893 37,426,793
EXPENDITURES
Wages 4,479,517 4,776,900 4,910,400 5,540,100
Benefits 1,433,033 1,497,400 1,506,900 2,787,800
Supplies and equipment 781,116 694,700 831,500 901,100
Repair and maintenance 2,003,603 2,001,300 2,456,700 2,669,400
0 Utilities 1,791,059 1,807,400 1,851,200 1,924,600
Contract services 382,969 503,300 426,700 453,000
Capital 978,665 3,600,000 2,428,600 1,871,100
Debt service 6,868,208 7,767,100 7,758,600 8,120,500
Payment in Neu of taxes 4,973,000 4,973,000 4,973,000 4,973,000
Transfers to other funds 1,093,100 1,124,100 1,124,100 250,000
TOTAL EXPENDITURES 24,784,270 28,745,200 28,267,700 29,490,600
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 3,757,560 (924,200) 571,800 (366,000)
Unreserved 7,730,393 4,863,533 8,302,193 7,936,193
ENDING BALANCE $ 7,730,393 4,863,533 8,302,193 7,936,193
SOLID WASTE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 3,461,191 2,662,391 3,060,860 2,007,285
REVENUES
Residential collections 5,109,838 5,100,000 5,110,000 5,600,000
Landfill fees 1,885,103 1,635,000 1,835,000 1,650,000
Clean community fees 268,680 265,000 269,000 -
Interest earnings 37,405 40,000 40,000 40,000
Miscellaneous revenue 93,511 55,000 94,000 55,000
Proceeds from capital leases - - 286,000 885,000
TOTAL REVENUES 7,394,537 7,095,000 7,634,000 8,230,000
TOTAL AVAILABLE RESOURCES 10,855,728 9,757,391 10,694,860 10,237,285
EXPENDITURES
Wages 2,201,433 2,251,000 2,156,500 1,801,400
Benefits 720,171 728,200 685,900 974,900
Supplies and equipment 580,527 598,700 739,600 753,800
Repair and maintenance 1,262,702 1,347,000 1,229,500 1,255,500
Utilities 36,997 35,800 39,400 49,300
Contract services 173,158 234,000 366,275 90,000
Capital 112,460 766,800 811,400 1,285,000
Debt service 798,321 731,700 733,600 683,700
Payment in Neu of taxes 1,306,000 1,306,000 1,306,000 1,306,000
Transfers to other funds 603,099 619,400 619,400 75,000
TOTAL EXPENDITURES 7,794,868 8,618,600 8,687,575 8,274,600
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES (400,331) (1,523,600) (1,053,575) (44,600)
Unreserved 3,060,860 1,138,791 2,007,285 1,962,685
ENDING BALANCE $ 3,060,860 1,138,791 2,007,285 1,962,685
HOTEL OCCUPANCY TAX FUND
'INN IN11111NI'lgal STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 349,088 274,188 287,062 258,312
REVENUES
Gross receipts tax 1,737,044 1,700,000 1,800,000 1,850,000
Interest earnings 3,991 3,000 4,500 3,000
Miscellaneous revenues 47,701 16,400 39,650 21,500
TOTAL REVENUES 1,788,736 1,719,400 1,844,150 1,874,500
TOTAL AVAILABLE RESOURCES 2,137,824 1,993,588 2,131,212 2,132,812
EXPENDITURES
Convention and Visitors Bureau 984,668 1,000,000 1,004,400 1,073,300
Convention Facilities 601,094 603,600 603,500 610,700
Designated Programs 265,000 385,000 265,000 385,000
TOTAL EXPENDITURES 1,850,762 1,988,600 1,872,900 2,069,000
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (62,026) (269,200) (28,750) (194,500)
ENDING BALANCE $ 287,062 4,988 258,312 63,812
HENRY HOMBERG GOLF COURSE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ - - - 31,100
REVENUES
Charges for services - - 361,000 415,000
Miscellaneous revenue - - 36,000 49,000
TOTAL REVENUES - - 397,000 464,000
TOTAL AVAILABLE RESOURCES - - 397,000 495,100
EXPENDITURES
Wages - - 157,800 161,100
Benefits - - 20,200 41,000
Supplies and equipment - - 45,500 50,100
Repair and maintenance - - 51,300 69,200
Utilities - - 15,000 17,800
Contract services - - 13,000 19,600
Debt service - - 63,100 75,700
TOTAL EXPENDITURES - - 365,900 434,500
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES - -
31,100 29,500
Unreserved - - 31,100 60,600
ENDING BALANCE $ - - 31,100 60,600
STREET MAINTENANCE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Es
g tunated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 1,766,700 993,700 1,048,199 36,199
REVENUES
Service charges 4,163 - - -
Interest earnings 23,449 10,000 10,000 -
Miscellaneous revenue 9,193 - -
TOTAL REVENUES 36,805 10,000 10,000 -
TOTAL AVAILABLE RESOURCES 1,803,505 1,003,700 1,058,199 36,199
EXPENDITURES
General construction 755,306 1,003,700 1,022,000 36,199
TOTAL EXPENDITURES 755,306 1,003,700 1,022,000 36,199
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES (718,501) (993,700) (1,012,000) (36,199)
Unreserved 1,048,199 - 36,199 -
ENDING BALANCE $ 1,048,199 - 36,199 -
MUNICIPAL TRANSIT FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ (202,959) 14,210 (36,995) (175,195)
REVENUES
Service charges 630,218 600,000 625,000 625,000
Intergovernmental revenue 2,142,562 9,087,000 1,886,800 8,793,000
Interest - - - -
Transfer from General Fund 1,200,000 1,300,000 1,300,000 1,396,000
TOTAL REVENUES 3,972,780 10,987,000 3,811,800 10,814,000
TOTAL AVAILABLE RESOURCES 3,769,821 11,001,210 3,774,805 10,638,805
EXPENDITURES
Contract services 3,494,669 3,650,000 3,950,000 3,950,000
Capital outlay 312,147 7,254,000 - 6,872,600
TOTAL EXPENDITURES 3,806,816 10,904,000 3,950,000 10,822,600
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 165,964 83,000 (138,200) (8,600)
Unreserved (36,995) 97,210 (175,195) (183,795)
ENDING BALANCE $ (36,995) 97,210 (175,195) (183,795)
SPECIAL REVENUE AND OTHER FUNDS
STATEMENT OF REVENUES AND EXPENDITURES
Balance FY 2006 Balance
10/01/05 Revenues Approp. 09/30/06
Confiscated Goods $ 885,000 $ 14,000 $ 899,000 $ -
Tax Increment Financing - 5,000 5,000 -
Municipal Airport 16,100 114,500 130,600 -
Texas Motor Carrier Violations 7,100 17,200 24,300 -
Municipal Court Security Fee 9,400 62,100 71,500 -
Municipal Court Technology 250,600 88,000 338,600 -
Julie Rogers Theatre Endowment 314,100 77,000 291,100 100,000 (1)
Tyrrell Historical Library 96,500 1,500 98,000 -
Expendable Trust 265,700 26,300 292,000 -
Library Trust 141,800 5,000 146,800 -
Library Endowment 787,000 14,000 52,400 748,600 (1)
Historical Fire Museum 200 8,100 8,300 -
TOTAL $ 2,773,500 $ 432,700 $ 2,357,600 $ 848,600
(1) Unexpendable endowment
CAPITAL RESERVE FUND
ION IN NOW IN 91101011
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 1,120,015 2,853,029 2,901,555 1,781,555
REVENUES
Fleet rental 1,357,299 1,469,600 1,469,600 1,234,800
Interest earnings 26,001 40,000 55,000 40,000
Miscellaneous revenue 121,074 - 4,700 -
Transfers in 350,000 220,500 220,500 525,000
Proceeds from capital lease - - 386,600 1,106,000
TOTAL REVENUES 1,854,374 1,730,100 2,136,400 2,905,800
TOTAL AVAILABLE RESOURCES 2,974,389 4,583,129 5,037,955 4,687,355
EXPENDITURES
Improvements 170,137 175,000 280,000 609,500
Equipment 116,683 406,000 883,400 829,700
Vehicles 652,655 1,112,000 1,343,600 1,859,500
Debt service 817,973 711,300 749,400 837,400
TOTAL EXPENDITURES 1,757,448 2,404,300 3,256,400 4,136,100
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 96,926 (674,200) (1,120,000) (1,230,300)
RESIDUAL EQUITY TRANSFER IN 1,684,614 - - -
ENDING FUND BALANCE
Reserved for contingency - - - 551,255
Unreserved 2,901,555 2,178,829 1,781,555 -
TOTAL ENDING FUND BALANCE $ 2,901,555 2,178,829 1,781,555 551,255
FLEET MANAGEMENT FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 344,019 592,019 550,042 685,542
REVENUES
Userfees 4,799,810 4,561,300 5,099,000 5,093,400
Interest earnings 2,015 1,500 5,000 1,500
Miscellaneous revenue 5,175 - 400 -
TOTAL REVENUES 4,807,000 4,562,800 5,104,400 5,094,900
TOTAL AVAILABLE RESOURCES 5,151,019 5,154,819 5,654,442 5,780,442
EXPENDITURES
Wages 864,472 934,900 869,100 1,077,100
Benefits 259,804 286,300 276,900 524,800
Supplies and equipment 1,037,912 961,800 1,302,900 1,343,800
Repair and maintenance 1,552,894 1,580,100 1,582,600 1,598,200
Utilities 49,326 46,700 50,500 52,200
Contract services 594,508 539,700 515,500 538,000
Equipment 66,762 179,700 178,900 35,100
Transfers out 175,299 192,500 192,500 -
TOTAL EXPENDITURES 4,600,977 4,721,700 4,968,900 5,169,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 206,023 (158,900) 135,500 (74,300)
Reserved for inventory 350,000 350,000 350,000 350,000
Unreserved 200,042 83,119 335,542 261,242
ENDING BALANCE $ 550,042 433,119 685,542 611,242
EMPLOYEE BENEFITS FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 1,732,991 2,708,688 2,402,023 3,029,323
REVENUES
Service charges 1 11,688,278 11,808,900 11,808,900 12,055,500
Employee contribution 1,943,626 1,815,000 2,071,700 2,178,100
Interest 55,895 55,000 79,000 120,000
Insurance recoveries 185,617 60,000 182,800 75,000
TOTAL REVENUES 13,873,416 13,738,900 14,142,400 14,428,600
TOTAL AVAILABLE RESOURCES 15,606,407 16,447,588 16,544,423 17,457,923
EXPENDITURES
Health
Standard indemnity plan 5,728,481 5,715,000 5,410,000 5,850,000
Managed health organization 3,480,852 3,900,000 3,700,000 4,100,000
Health prescriptions 1,570,726 1,800,000 1,814,000 2,000,000
Dental 669,506 731,000 725,100 787,100
Other benefits 154,262 157,000 153,500 212,500
Total 11,603,827 12,303,000 11,802,600 12,949,600
Worker's Compensation
Third party administration 62,352 62,000 62,000 62,400
Claims paid 934,222 1,000,000 1,000,000 1,000,000
Excess insurance 75,000 75,000 76,500 85,000
Safety management 96,996 128,900 129,100 163,500
Total 1,168,570 1,265,900 1,267,600 1,310,900
General
Unemployment 134,527 100,000 100,000 100,000
Short-term disability 297,460 350,000 344,900 350,000
Total 431,987 450,000 444,900 450,000
TOTAL EXPENDITURES 13,204,384 14,018,900 13,515,100 14,710,500
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 669,032 (280,000) 627,300 (281,900)
Unreserved 2,402,023 2,428,688 3,029,323 2,747,423
ENDING BALANCE $ 2,402,023 2,428,688 3,029,323 2,747,423
Included as Service charges are amounts which were budgeted and reported as Interdepartmental transfers
in prior years.
GENERAL LIABILITY FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2004 FY 2005 FY 2005 FY 2006
BEGINNING BALANCE $ 1,135,199 1,073,699 771,111 449,411
REVENUES
Interest 17,258 20,000 12,500 12,500
Transfers in 549,999 600,000 600,000 775,000
TOTAL REVENUES 567,257 620,000 612,500 787,500
TOTAL AVAILABLE RESOURCES 1,702,456 1,693,699 1,383,611 1,236,911
EXPENDITURES
Professional services 338,028 50,000 110,000 100,000
Claims paid 589,180 800,000 820,000 900,000
Other insurance 4,137 4,000 4,200 4,500
TOTAL EXPENDITURES 931,345 854,000 934,200 1,004,500
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (364,088) (234,000) (321,700) (217,000)
Reserved for unpaid claims - 800,000 - 232,411
Unreserved 771,111 39,699 449,411 -
ENDING BALANCE $ 771,111 839,699 449,411 232,411
2
September 20,2005
Consider accepting the tax roll and establishing the property tax rate for the tax year 2005 (FY
2006)
•
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 12, 2005
REQUESTED ACTION: Consider accepting the tax roll and establishing the property tax
rate for the tax year 2005 (FY 2006).
RECOMMENDATION
Administration recommends that Council accept the Jefferson County Appraisal District's Certified
Tax Roll and adopt a property tax rate of$0.659 for the tax year 2005(FY 2006).The tax rate would
be apportioned $0.407869 to the General Fund and $0.251131 to the Debt Service Fund. This
distribution represents a reduction of$0.005 and shift of$0.026602 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. State law requires all taxing units to adopt their tax rates before the later of
September 30 or the 60'day after the taxing unit receives the appraisal roll.Additionally, state law
requires the adoption of the Budget before the tax rate.
BUDGETARYIMPACT
Property tax revenue in the FY 2006 Budget is calculated at the rate of$0.659 per$100 in assessed
value. This rate, applied to the certified tax roll of$4,913,341,853 at a collection rate of 97%,
generates approximately$31,408,000 for the General and Debt Service Funds combined.
PREVIOUS ACTION
Two public hearings were held on August 30, 2005 and September 6, 2005.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Finance Officer.
ORDINANCE NO.
is
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 2005; 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 4, 2005 to be
$4,913;341; 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$0.659
per each$100 of value for the tax year 2005 (FY 2006) should be established based upon
said roll; and,
WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR
MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE;
AND,
WHEREAS, THE TAX RATE WILL RAISE TAXES FOR
MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY
APPROXIMATELY $266.
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 $4,913,341,853 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 2005 (FY 2006), for municipal purposes only, an ad valorem tax rate of
$0.659 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 $0.407869
Debt Service Fund $0.251131
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, orthe
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 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 20th day of
September, 2005.
- Mayor Guy N. Goodson -
08/04/2005 15: 18 4098409732 PAGE 03
STATE OF TEXAS )
CDUNTY OF JEFFERSON )
CERTIFICATION OF 2005 APPRAISAL;ROLL FOR City of Beaumont
1,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.
Alliust 005
Lkte land R, Bieber, RPA
Chief Appraiser
Jefferson County Appraisal District
2005 APPRAISAL ROLL INFORMATION
2005 Gross Value $5.472.543,050
2005 Gross Taxable Value(Net Appraised) $St1IQU 8.763
Total Number of Accounts 63.314
#of Accounts with Homestead Exemption
#of Accounts with Over-65 Exemption 8.101
#of Accounts with Disabled Exemption 1..19S
#of Accounts with Veterans Exemption M8
#of Agriculture-Use Accounts 2n
#of Exempt Accounts 4,023
2005 Taxable Value $4,913.341.853
RECEIVED BY: DATE: al- /-p r—
EXHIBIT "A"
. ! 0 0
TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT
8/04/2005 9.54.00 AOP3TAXC CERTIFIED 20D5 APPRAISAL ROLL 12310403 PAGE 1
#'**#**#**#*******#*****t***#**#***#**4#t*********##***t#******##***#***fr!*t#***###**t#**#**#***#****#**#****#****!**#t#***!r******t*I
CS) RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION COX * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500
ALLOWANCES * S .6640DO * STATE MANDATED 0 * STATE MANDATED Q * STATE MANDATED D
#********t********#*1t#**#****1t#t*1k*#**ft*#*****t1F*t***##******t#**t#**#***t****STATE******##**f#7k*#********#7k*7F*STAT ti MANDATED 0
a ACCOUNTS SUB-TOTALS
GROSS VALUE IN DISTRICT 63,314 5,472,543.050
* MINUS EXEMPT ACCOUNTS 4.023 331,341.657 5.141,201,393
MINUS AGRICULTURE ACCOUNTS 231
MARKET VALUE 32,136.230
PRODUCTTON VALUE 1,163,600
LOSS DUE TO AG EXEMPTIONS 30,972,630 5.110,228,763
SUBOECT TO LATE PENALTY 0
POLLUTION CONTROL O O 6.110,228,763
FREEPORT ACCOUNTS 0 0 5,110.228.763
LEASED VEHICLES 0 0 5,110.228.763
PRIMARILY CHARITABLE ORG 8 0 5,110.228.763
NET APPRAISED VALUE 59.283 5,110.228.763
LOSS DUE TO LIMIT 5.946 25,624,660 5.084,604,103
ABATED ACCOUNTS 1 1.863.750 5.082,740.353
HISTORICAL ACCOUNTS 9 4,193.430 5,078,546,923
EXEMPTIONS
STATE MANDATED HOMESTEAD 24,603 0 5,078.546,923
STATE MANDATED 065 8.101 0 5,078,546.923
STATE MANDATED DISABLED 1.195 0 5.078,546,923
LOCAL OPTION 065 8,101 139.510,580 4,939,036,343
LOCAL OPTION DISABLED 1.195 20,293,230 4.918,743,113
LOCAL OPTION HOMESTEAD 24,603 0 159,8D3,810 4,916,743.113
VETERAN EXEMPTIONS
EXEMPTION CODE 1 0 0
EXEMPTION CODE 2 @ 5000 198 977,990
EXEMPTION CODE 3 @ 7500 54 371,570
EXEMPTION CODE 4 @ 10000 60 559.700
EXEMPTION CODE 5 @ 12000 78 913,340
EXEMPTION CODE 6 0 12000 216 2,406,680
EXEMPTION CODE 7 0 12000 11 121,960
EXEMPTION CODE 8 P 5000 11 50.000
M TOTAL VETERAN 628 5.401,260
MET TAXABLE 4.913,341,853
GROSS TAX AMOUNT .00664000 -- ------------- ---•_. -------.--__---__----_. __--------_ ---- --- ---> S 32.624.587.13 **
065 FROZEN TAX ACCOUNTS 0
m 065 BEFORE FROZEN TAX
v .00
MINUS 065 FROZEN TAX .DO
LOSS DUE TO FROZEN TAX ***
DISABL FROZEN ACCOUNTS .OD
0
DISABLE BEFORE FROZEN TAX .00
m MINUS DISABL FROZEN TAX 00
"' LOSS DUE TO FROZEN TAX ***
NET TAX AMOUNT ------------ ------ ------ --- . ,
•---•-- ••--...---• •---•••--•-------•---... __---------- ----- --> S 32 -6-24—.S8_7.13
GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS
Lo ** INCLUDES 31 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 544.447
m *# INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 0
` ** INCLUDES 3 PRORATED HOMESTEAD ACCTS TOTAL PRORATED MONESTEADAMOUN 0
v
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TAX CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT
8/04/2005 9.54.00 ADP3TAXC CERTIFIED 2005 APPRAISAL ROLL PAGE 2
t**xx*#x#*ttx#*t*tt t�Y***at#t*t#ttl 7t ltRlY##*x*aF#*1!!rt*1t*t#x*tF*#tt#*t1t!*fEtltt*kx#iNr:tt!!x*t1k*11 iriF til-IFtttxtslNr*,t1ht*itx#1t tYtx#1t###!xt#xPAGE X#A'
CD RATES AND * TAX RATE * HOHESTFAD LOCAL OPTION ODX * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17.500
w
ALLOWANCES * S .664000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0
,wi*ktitkatitt#xtr�r:#ir�t#,Htf#�Ftt+r�ttxxt#xt#ttxt*ytit+tt*iNr�tit*+ttt-+r*tt*,t:*+r**re**,rfr�F,ttxtr+rtt*ttrt,ca*x*,r rt*w*,r,.irtirt,r**,r*t******,ki*yr,r*,r*,r:*,twk**�a�,t,rt
CL CODE COt1NT APPRAISED TAXABLE LEVY X OF TOTAL GROSS YAL 5,472,543,050
Al 33.889 2,553.195.790 2.375,749.310 15,774,975.31 .4835
A2 143 1,622.100 1.253,720 8.324.71 .0003
AS 1.963 148.271,410 136.804.11D 908,379.54 .0278
81 1,329 162,378,410 162.325.91D 1,077,844.01 .0330
82 396 11.777,290 11.248,970 74,693.15 OD23
B4 3 103.540 103,540 687.51 .0000
C1 91028 58,158.526 58,117,646 385,899.03 .0118
C2 916 23,154.668 23,154,668 153.747.11 .0047
02 134 267.300 267.300 1,774.70 .0001
02 79 502,030 502,030 3.333.35 .0001
D3 37 1,514.38D 1,514,380 10,055.47 .0003
D4 520 33.430,496 33.430,496 221,978.34 .0068
D5 2 10,460 10,460 69.45 .0000
E1 26 5,374.060 4,658,790 30,934.37 .0009
E2 1 102.580 LD2.590 682.13 .0000
F1 2,995 982.394,473 978.102,483 6.494.600.16 .1991
F2 34 16.356,220 16.356,220 1D8,605.28 .0033
F5 32 2.109,190 2,109,190 14.004.99 .0004
F9 25 72,149,03D 72,149,030 479,069.58 .0147
Gl 152 4,265.80D 4,265.80D 28.324.88 .0009
G2 49 3,090 3,090 20.52 .0000
32 23 7,936,460 7,936,460 52.698.12 .0016
J3 94 108.952.230 108,952.230 723,442.86 .0222
34 17 59.588.920 59.588.920 395,670.44 .0121
J5 64 15.391.930 15.391.930 102.202.42 .0031
J6 168 12,851.530 12.851.530 85.334.13 .0026
J7 5 15,272.080 15.272.080 101,406.62 DD31
J8 110 17.577,570 17.577.570 116,715.09 .0036
Ll 6,160 604,883,810 603,020,060 4,004.053.27 .1227
L2 7 525,700 625.700 4,154.65 .0001
L6 102 29.530.280 29,53D.280 196,081.06 .0060
LB 30 108,919.170 108,919.170 723,223.28 .0222
L9 73 42,628,080 42.628.080 283.050.43 .0087
H1 409 1.503,410 1.391.370 9,238.75 DO03
01 302 7,426.750 7,426,750 49,313.42 .0615
---- --- .. ............
N 59,322 5.110,228,763 4,913,341,853 32,624,587.13
m
Q' A 35,995 2,703,089,300 2,513,807.140 16,691,679.56 .5116
8 1,728 174.259,240 173,678.420 1,153.224.67 .0353
W C 9,944 81,313,194 81.272.314 539.646.14 .0165
m D 772 35,724.666 35.724,666 237.211.31 .0073
E 29 5.476.640 4,761,370 31.615.50 .0010
F 3,089 1.073,008,913 1.068"716.923 7.096,280.01 .2175
G 201 4.268.890 4,268.890 28.345.40 ,0009
CD J 481 237,570,720 237.570.720 1.577.469.68 .0484
L 6.372 786,587.040 784,723,290 5"210.562.69 .2597
in M 409 1.503.410 1,391.370 9,238.75 .0003 "
r' 0 302 7,426.750 7.426,750 49.313.42 .0015
------- •-------- -----
m
59,322 5.110.228,763 4.913.341,853 32,624,587.13
m
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TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT
8/04/2005 9.54.DO AOP3TAXC CERTIFIED 2005 APPRAISAL ROLL 12310403 PAGE 3
:r*r,rr,r**,c,tr"**rr*,arr*arx+�xxt*,tir**r*�esr***x-ir*trrtx:x*,txx*rr#**t*rrr*x*rr*xtr*rrr*srrrr:rr*�r:*x*,cr***�r**irtr,�r+rt**r�ct�*xatx�r*tx*,t**x**x
m RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION OOX * OVER SIXTY-FIVE LOCAL OPTION 17.500 * DISABILITY LOCAL OPTION 17.500
ALLOWANCES * S .664000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0
W xxx*x*4rr�r,txrr*!*#x**xxxxrntx*x#*r#trr#**-kr*rtrr*r*,Ht#*rrr*!r*yt*-k#*,k-krk*t*tt*err:*rrrt*rr**�k#*"*�rfrr:*rrr.t**"r#i-ie.c,tw-*earryr,rr7r*#wyerwr�r*rr sR+k*
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d BEFORE PRORATE
NON EXEMPT NON EXEMPT EXEMPT' EXEMPT
ACCOUNTS VALUE ACCOUNTS VALUE TOTAL
LAND VALUE 702.983.270 * 82,356,390 * 785.339,660
IMPROVEMENT 3,438,817,630 * 245,127,020 * 3.683.944,650
PERSONAL PROPERTY 988,734.730 * 10,251,860 * 998.986,590
PRODUCTIVITY 1,163.600 0 1,163,6DO
MINERAL 4.268,890 * 3.260 * 4,272,160
INDUSTRY 409,775,490 962,368 410,737.650
-----..._... ------------ ------------
TOTAL APPRAISED 5,134.BD4.520 * 337,738.530 * 5,472.543,DSO
NUMBER REAL 52,246 3,909
NUMBER AS 231 0
NUMBER PERSONAL 6.617 104
NUMBER MINERAL 201 6
NUMBER INDUSRTY 266 1
AFTER PRORATE
LAND VALUE 703,000,861 * 82,338,799 * 785,339,660
IHPROV£MEHT 3.438,481,533 * 245,463.117 * 3,683,944,650
PERSONAL PROPERTY 988,734.730 * 10,251.860 * 998,986.590
PRODUCTIVITY 1.163,600 0 1.163.600
MINERAL 4,268,890 * 3,260 * 4.272,150 *
INDUSTRY 409,775.490 962,360 410.737.850
TOTAL APPRAISED 5,134,486,014 * 338.057.036 * 5,472,543,050 *
NUMBER REAL 52,263 3,923
NUMBER A8 231 0
NUMBER PERSONAL 6,617 104
NUMBER MINERAL 201 6
NUMBER INDUSTTY 266 1
N #**rrx*tcr**r#rr**w+rr*rrr*tr*,t**+r*rr**rrr**r*r***rrr**rr*rrr****rrr***rrr*rrr**rr#**kr*,r*trr**x***rr*rrr�t**xr*rx*,rr*r****xrrrxrt*x*r#
m
m PRORATION LDSS/GA.IN 318,506•* 318,506
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September 20, 2005
Consider adopting the 2006 Capital Program
s
+� ...... City
g
of Beaumont
�• Council Agenda Item
M M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 12, 2005
REQUESTED ACTION: Consider adopting the 2006 Capital Program
RECOMMENDATION
Administration recommends Council adopt the 2006 Capital Program as submitted to Council
May 10, 2005 and updated August 30, 2005.
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
In the 2006 Capital Program, projects in the construction phase total $76,908,000 and include
$18,395,000 in Public Works projects, $7,200,000 in General Improvement projects and
$51,313,000 in Water and Sewer projects. Projects in the design phase total $117,404,000
which includes $85,118,000 in Public Works projects, $7,220,000 in General Improvement
projects, and $25,066,000 in Water and Sewer projects. The total for planned projects in all
three areas is $123,635,000.
PREVIOUS ACTION
The Capital Program was submitted to Council on May 10, 2005 and reviewed during a work
session on August 30, 2005. A public hearing was also held on August 30, 2005.
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 FY2006 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 August 30, 2005 in the City Council Chambers, City Hall, Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
September, 2005.
- Mayor Guy N. Goodson -
PUBLIC WORKS PROJECTS
FY 2006-2010
anticipated
Estlmated Cost Construction Date
Construction Phase
Ditch No. 117 $ 739,000 2006
Downtown Improvements
Pearl - College to Calder 2,100,000 2005
Griffing Ditch 350,000 2006
Hayes Gully 2,786,000 2006
Main - Calder to Blanchette 3,520,000 2005
Phelan - Major to Keith 2,600,000 2005
Rolfe Christopher - US 69 S.to Virginia 2,600,000 2006
Street Rehabilitation 1,000,000 2006
Virginia - Mercantile to Avenue A 2,700,000 In Progress
Total Construction Phase $ 18,395,000
Destan Phase
Brakes Bayou $ 1,148,000 2007
Calder- Main to Phelan 13,000,000 2007
Concord N - E.Lugs to Hwy. 105 9,540,000 [1] 2007
Dowlen - Colege to Waklen 4,320,000 [3] 2008
Dowlen - Delaware to Gladys 5,950,000 2008
Dowlen - US 69 N to Delaware 8,380,000 [3] 2008
Downtown Improvements(FY 2007-2010)
Neches - Laurel to College 1,160,000 2008
Willow and Park - North to College 1,940,000 2007
Future Improvements 2,000,000 2007
Fannett Road 600,000 2008
Laurel - IH-10 to Office Park 3,650,000 [3] 2008
Madison - Irving to Grove 1,940,000 2007
North Street - ML King to Twenty-Third 6,000,000 2008
Old Dowlen - Dowlen to Hwy. 105 3,100,000 [2] 2007
Seventh Street - IH-10 to Laurel 2,750,000 2007
Street Rehabiliihation(FY 2007-2010) 4,000,000
Washington - IH-10 to ML King 12,400,000 2007
Washington - Langham to Major 3,240,000 [3] 2008
Total Design Phase $ 85,118,000
Planned Protects 2008-2010
Caklwood Outfall $ 4,380,000
College Street - IH-10 to Goliad 6,100,000
Delaware - Concord to Dowlen 9,600,000
Eleverith Street - Washington to US 69 12,400,000
Gladys Street - IH-10 to Dowlen 7,700,000
High School Ditch 10,290,000
Magnolia - Liberty to E Lucas 10,470,000
Moore Street Relief 4,650,000
North Main Street - Calder to RR Tracks 1,500,000
Pearl Street - Calder to North 450,000
Phelan - IH-10 to Dowlen 13,000,000
Pine Street - IH-10 to Crockett 3,000,000
South Park Relief 6,240,000
Total Planned Projects $ 89,780,000
Grand Total $ 193,293,000
[1] Indudes Federal Highway Administration funding d 80 percent up to$7,375,000. Constriction start is September 2007.
[2] Includes TxDOT funding o(80 percent up to$2,400,000 for both phases. T>mOT construction start date for phase 11 is 2007.
[3] Air Quality issues will not be determined until a later date and could effect project timeline.
EXHIBIT "A"
WATER AND SEWER PROJECTS
FY 2006 -2010
Anticipated
Estimated Cost Construction Date
Construction Phase
Master Plan for Water&Sewer System $ 400,000 2006
Water Projects:
2 MG Elevated Storage Tank on Dishman 2,800,000 2005
14 MGD Water Plant Expansion 13,835,000 In Progress
36"Transmission Line 4,800,000 2005
Bunn's Bluff Canal Improvements 2,630,000 In Progress
Initial Distribution System Evaluation(IDSE) 100,000 2006
Northwest Tank Rehab 600,000 2006
Southwest Elevated Storage Tank 410,000 In Progress
Water Line Extension on IH-10 850,000 2005
(between Brooks and Walden)
Water Line Replacement-Lindbergh 600,000 2005
Sewer Projects:
2.2 Meter Belt Press 202,000 In Progress
20-Acre Treatment Pond 3,900,000 In Progress
30"Force Main 1,500,000 2005
54"Central Trunk Rehab 1,100,000 In Progress
Bar Screen Area-Beltpress 1,300,000 In Progress
Degritter-Waste Water Treatment Plant 1,200,000 2005
East Lucas Sewer Interceptor 2,434,000 In Progress
Howell/Yount Outfall 862,000 In Progress
Lab Addition-Waste Water Treatment Plant 335,000 In Progress
Lift Station Repairs 300,000 In Progress
Replace Grit Pumps-Waste Water Treatment Plant 150,000 2005
Sanitary Sewer Line Extension on I1-1-10 850,000 2005
(between Brooks and Walden)
Sanitary Sewer Rehabilitation-Contract VIII 2,940,000 In Progress
Sanitary Sewer Rehabilitation-Contract X 2,300,000 In Progress
Waste Water Treatment Plant-Rock Trap Basin 600,000 2005
Wetlands Evaluation-Phase 1 200,000 2006
Water/Sewer for Street Projects:
Delaware Street Utility Relocation 1,242,000 In Progress
Main Street-Calder to Blanchette 719,000 2005
Pearl Street-College to Calder 314,000 2005
Phelan Blvd. -Major to Keith 555,000 2005
Rolfe Christopher-US 69 to Virginia 85,000 2006
Tyrrell Park Road Resurfacing 1,200,000 2005
Total Construction Phase $ 51,313,000
GENERAL IMPROVEMENT PROJECTS
FY 2006 -2010
Anticipated
Estimated Cost Construction Date
Construction Phase
Central Park Community Center $ 300,000 2006
Lefler Park Spray Device Replacement 50,000 2005
Martin Luther King, Jr. Park 350,000 In Progress
Public Safety Comm. &Emergency Operations Center 1,500,000 2006
Public Safety Communication Hardware/Software 3,000,000 pl 2006
Rogers Park Walking Trail 100,000 2006
Tyrrell Park Clubhouse&Parking Lot 700,000 In Progress
Visitor Center/CVB 1,200,000 In Progress
Total Construction Phase $ 7,200,000
Desian-Phase
Athletic Complex Restroom Facilities $ 200,000 2007
Detention Facilities Hike&Bike Trail 600,000 2007
Downtown Area Park 1,300,000 2007
Fire Station Driveway Replacements 120,000 2007
Fire Station Relocation/Administration 3,000,000 2007
Julie Rogers Theatre 500,000 2007
Senior Center 1,500,000 2007
Total Design Phase $ 7,220,000
Planned Projects 2007-2010
Alice Keith and Chaison Park Playground Renovations $ 150,000
Alice Keith Park Restroom Facilities 125,000
City Hall Rooftop Air Handler 175,000
Fire Fleet Maintenance Shop 400,000
Total Planned Projects $ 850,000
Grand Total $ 15,270,000
[1] Staff is applying for Federal and State grants that may reduce the City's share.
Water Utilities Continued
Anticipated
Estimated Cost Construction Date
Desian Phase
54"Central Trunk Line- $ 4,500,000 2007
(East of Eleventh Street-Phase II)
54"West Trunk Outfall-Phase 1 2,215,000 2007
Dredge Pond 1 S 2-Waste Water Treatment Plant 400,000 2007
Replacement of Clarifiers, Filters, Thickner Lines, 1,200,000 2007
Filter Arms&Bearings -WWTP
Water Plant Improvements-Phase 1 6,000,000 2007
Wetlands Evaluation-Phase 11 200,000 2007
WaterlSewer for Street Projects:
Calder-Main to Phelan 1,600,000 2007
Concord Road-Phase IV-East Lucas to Hwy. 105 873,000 2007
Dowlen Road-College to Walden 1,200,000 2008
Dowlen Road-Delaware to Gladys 487,000 2008
Dowlen Road-US 69 to Delaware 699,000 2008
Downtown Improvements:
Neches-Laurel to College 161,000 2008
Willow and Park-North to College 541,000 2007
Laurel-IH-10 to Office Park 377,000 2008
Madison-Irving to Grove 85,000 2007
North Street-ML King to Twenty-Third 741,000 2008
Seventh Street-I1-1-10 to Laurel 391,000 2007
Old Dowlen-Dowlen to Hwy. 105 533,000 2007
Washington-IH-10 to ML King 1,535,000 2007
Washington-Langham to Major 1,328,000 2008
Total Design Phase $ 25,066,000
Planned Protects 2008-2010
54"West Trunk Outfall-Phase 11 1,300,000
Ammonia Edition to LOEB Plant 250,000
Lift Station Repairs 1,000,000
Sanitary Sewer Rehab-Small Mains 8,000,000
Waste Water Treatment Plant Ground Improvements 1,000,000
Water Plant Improvements-Phase 11 12,000,000
Wetland Rehabilitation 3,000,000
WaterlSewer for Street Projects:
College Street-IH-10 to Goliad 645,000
Delaware-Concord to Dowlen 2,102,000
Eleventh Street-US 69 to Washington 337,000
Gladys Street-IH-10 to Dowlen 982,000
Magnolia-Liberty to E. Lucas 1,364,000
North Main Street-Calder to Railroad Tracks 130,000
Pearl Street-Calder to North 107,000
Phelan Blvd-IH-10 to Dowlen 450,000
Pine Street-IH-10 to Crockett 338,000
Total Planned Projects $ 33,005,000
Grand Total $ 109,384,000
• 4
September 20, 2005
Consider amending various parts of Section 29-40 through 29-64 of the Code of Ordinances
relating to taxicabs
. f
co
ity of Beaumont
•� Council Agenda Item
A O g
TO: Mayor and City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: September 20, 2005
REQUESTED ACTION: Consider amending various parts of Sections 29-40 through 29-64
of the Code of Ordinances relating to taxicabs.
BACKGROUND
The Code of Ordinances regulating taxicabs has not been amended since October of 1999. After
a thorough review, a number of changes are being recommended which are attached for your
review. Proposed changes include:
(1) Instituting an annual company license permit fee of$100 and a$75 annual fee for each
permitted vehicle. The above set fees will replace the current 1.5% of gross receipts' method of
payment.
(2) The rate or fare of either one or two passengers would remain at $2.00 for the first
1/10 mile or fraction thereof; however, the$0.10 for each 1/10 mile traveled thereafter would be
increased to $0.20.
(3) The $0.25 rate per minute of waiting time at the instance of the passenger would be
increased to $0.30.
(4) Regulations for engaging a taxicab on an hourly basis would be deleted from the
ordinance.
BUDGETARY IMPACT
The City would receive approximately $2,500 less in annual revenue by changing the payment
method.
PREVIOUS ACTION
The City Council held a work session related to this subject on September 13, 2005.
RECOMMENDED BY
City Manager.
i
TAXICABS
ARTICLE III. TAXICABS*
*Editor's note: Ord. No. 99-77, adopted October 5, 1999, amended the Code by repealing
former art. III, §§ 29-40--29-64, and adding a new art. III, §§ 29-40--29-64. Former art.
III pertained to similar subject matter, and derived from Ord.No. 99-63, adopted
September 7, 1999.
Sec. 29-40. Definitions.
As used in this article,the following terms shall have the respective meanings ascribed to
them:
Chief of police: Shall be the duly appointed chief of the police department or his/her
designee.
Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the city
in search of, or soliciting prospective passengers for hire; except, however, unoccupied
taxicabs proceeding to answer a telephone call for taxicab service from an intended
passenger, and taxicabs returning to a taxi stand,terminal or subterminal by the most
direct route, after having discharged a passenger, to the place where such taxicab is
housed or to the place of discharge of the passenger, shall not be considered to be
cruising.
Driver, chauffeur: Any person in actual charge of the operation of a taxicab,whether as
owner, or agent, servant or employee of the owner.
License to operate: Authority granted by the city authorizing such operator of a taxicab to
engage in the business of transportation by taxicab.
Owner, operator: Any person who has the control, direction,maintenance and the benefit
of the collection of revenue derived from the operation of taxicabs on or over the streets
of the city, whether as owner or otherwise, except "driver" as herein defined.
Subterminal: Any place other than a terminal in which the drivers or chauffeurs of
taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi
terminal or taxi stand, and which shall likewise mean and embrace the space and area
used by taxicabs while waiting for passengers.
Taxicab: An automobile or motor-propelled vehicle used for transportation of passengers
for hire over the public streets of the city, and not over a defined or fixed route, and
irrespective of whether the operations extend beyond the city limits, at rates for distance
traveled, or for waiting time, or for both, or at rates per hour,per week or per month,
which such vehicle is routed to destinations under the direction of the passenger;
provided, however, the term "taxicab" shall not apply to motor buses operated within the
city under a franchise from the city, over a fixed definite route, nor shall such term apply
to motor buses regularly operated in the city along fixed routes to and from points outside
the city, nor shall such term apply to motor vehicles operated under a permit or certificate
of the railroad commission of the state or the Interstate Commerce Commission.
Taximeter: A machine adapted to automatically calculate, at a predetermined rate or
rates, and to register the charge for hire of a taxicab; and such charges shall be indicated
by means of figures.
• Terminal: The taxi depot at which place the taxicabs shall be housed or parked, and at
which place the telephone calls and requests for service shall be made, and at which place
a dispatcher shall control the movements of the taxicabs to the points of request for
taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean
and embrace that space and area of land and buildings off the streets of the city, and upon
private property, and shall be and constitute the main office of the owner and taxicab
operator.
Waiting time: Such time as may be consumed or lost at the special instance and request
of a passenger after such passenger has first entered the taxicab to make a trip and before
reaching his final destination, and no charge shall be made against a passenger for any
time lost on account of any other delay whatsoever.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-41. Permit--Required; contents of application.
(a) It shall be unlawful for any person to drive or operate or cause to be driven or
operated, any taxicab upon, or over any street in the city, unless and until a permit
therefor has been issued by the city.
(b) No permit certificate shall be issued by the city until the owner or person in charge
or control of such taxicab shall make application in writing to the city for such permit, on
blanks to be furnished by the chief of police, stating in such application the name of the
owner, or person by whom such permit is desired,his street address, the type of motor
vehicle to be used as a taxicab, the cubic inch displacement of the engine, the VIN
• number and license plate number thereof,the seating capacity, according to its trade
rating,the owner thereof, and such other relevant information as may be deemed
advisable and necessary by the city.
(c) Such application shall be signed and sworn to by the applicant.
(d) If the applicant for a permit is a corporation, such application shall be made by
some duly authorized officer of the corporation, and shall state whether it is a foreign or
domestic corporation, its address and place of business, its officers and their addresses, its
correct corporate name and a "certificate of good standing" issued by the state agency
which issued the corporation charter; if the applicant for a permit is a partnership or
association, such application shall be made by some duly authorized officer or agent, of
the partnership or association, and shall give the trade name, or partnership name or
association name of the partnership or association, together with the names and addresses
of the partners.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-42. Same--Notice of filing application; determination of public convenience and
necessity; issuance; denial; renewal; transferability.
(a) If the chief of police finds from investigation or hearing that such application shall
be denied, the chief of police shall immediately give notice to the applicant of such
action.
(b) It shall be unlawful for the owner of any taxicab to operate the same where a permit
has not been issued therefore under the provisions of this article, and a violation of this
section shall be sufficient reason to revoke the permit of such owner or operator with
• respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or
over the streets of the city has been granted, in accordance with this article, it shall be the
• duty of the chief of police to issue a permit therefore to such applicant.
(c) All permits issued hereunder shall commence January 1 of each year and expire
December 31 of such year. The annual company license permit fee shall be$100. The
annual fee for each permitted vehicle shall be $75.
EM - -
(d) The permits issued under this article shall be deemed personal to the holder thereof
and shall not be transferable or assignable.
(Ord. No. 99-77, § 1, 10-5-99)
•
Sec. 29-44. Same--Statement of receipts; bookkeeping; failure to file statement or pay
fee.
The permit holder shall be required to install and adequately
maintain a system of bookkeeping which is subject to the approval of the finance officer
of the city, which books shall be subject to inspection of such person as the city manager
may designate, to verify the accuracy of amounts that ma be due the city.
Any neglect, omission or refusal by the ermit holder
shall act as a forfeiture of such permit.
(Ord. No. 99-77, § 1, 10-5-99)
taxicab
Sec. 29-45. Same--Cancellation unless taxicab operated for twenty days of each month.
Every permit held under the provisions of this article by the owner or operator of a
taxicab may be canceled,unless taxicabs are operated thereunder in accordance with the
provisions of this article on at least twenty(20) days out of each calendar month.
(Ord. No. 99-77, § 1, 10-5-99)
•
iSec. 29-46. Withdrawing and substituting taxicabs.
If at any time any taxicab,which has been regularly licensed under the provisions of this
article, is to be withdrawn or replaced by another and different motor vehicle, the same
may be done after making written application to the chief of police and securing approval
thereof. Such approval shall be based upon the chief of police having a complete record
of such substitution and being satisfied that all rules and regulations of this article have
been complied with;provided, upon refusal of the chief of police to approve said
application,the applicant may within ten(10) days thereafter, appeal in writing to the city
manager(or his designee).
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-47. Insurance.
Before any permit shall be granted or renewed under this article, the operator shall obtain
and file with the chief of police a public liability insurance policy in the standard Texas
form covering each automobile to be operated by such operator of a taxicab with
minimum amounts of liability coverage thereunder as required pursuant to Texas
Transportation Code, Article 601.072 (or succeeding statute).
Such insurance policy shall be issued by a casualty insurance company authorized to do
business in the state,with an agent within the city, and shall be for the protection of any
member of the public who might be injured or whose property might be damaged by the
operation of such taxicab. Such policy shall be maintained in full force and effect by the
operator of taxicabs covering each taxicab licensed by a permit under this article. A copy
• of such insurance or a certificate evidencing such insurance shall be provided to the chief
of police.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-48. Ad valorem taxes--Payment required, delinquency causes revocation of
permit.
It shall be the duty of every owner of a taxicab that is operated in the city to pay all ad
valorem taxes assessed by the city against such vehicle and other equipment used in such
business, and a failure to pay such ad valorem taxes before they become delinquent shall
operate as a revocation of the permit issued in accordance with this article.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-49. Same--Operation without payment unlawful.
No owner or operator of taxicab shall engage in the transportation of persons by taxicab
at any time within the city when the ad valorem taxes assessed against his taxi terminals,
stands, taxicabs or taxicab equipment, is delinquent.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-50. Condition of vehicle; inspections.
(a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated
upon any street within the city it shall be inspected to determine whether such vehicle is
in a safe condition to be operated as a taxicab.
•
(b) The ins ection of such taxicab shall be made by the chief of police.
•
(c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle
inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long as the
vehicle has affixed to it a valid motor vehicle inspection sticker.
(d) Upon notifying the owner or operator of such taxicab that it is not in a safe
condition,the same shall not be used as a taxicab until the defects found are corrected
and such taxicab is reinspected and found that it is in a safe condition by the chief of
police who shall paste a paper seal of a type and design approved by
the chief of police upon the windshield of such vehicle certifying that the taxicab was
approved by such inspector. No taxicab shall be operated in the city without such a valid
approval seal attached thereto.
(e) At no time shall an taxicab that is found to be unsafe by the chief of police,
be operated over the streets of the city.
(f) Nothing herein, however, shall prevent the city from inspecting any taxicab at any
time and if the city,through its agents or employees, should find that it is in a defective
condition,the chief of police shall order the use of such taxicab discontinued until the
same is approved.
(Ord. No. 99-77, § 19 10-5-99)
Sec. 29-51. Chauffeur's license.
(a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within
the city,without having secured a chauffeur's license duly issued to such person by the
• chief of police.
(b) Each applicant for a chauffeur's license shall be a citizen of the United States, at
least eighteen(18) years of age prior to the filing of his application for a chauffeur's
license.
(c) Any person desiring to drive or act as chauffeur of a taxicab in the city shall file
application for a chauffeur's license with the chief of police at the police station on
application forms to be furnished by the chief of police. Such forms shall provide for the
applicant's name, age, present address, last place of employment, whether the applicant
has been convicted of a violation of a motor vehicle traffic or criminal law of the city or
the state, with a space sufficient for particulars concerning such violation, if any, and the
length of time the applicant has driven a motor vehicle.
(d) After filling in the above described form,the applicant shall sign same and shall
swear to the truthfulness of the answers made in such application before a notary public.
After such application has been duly sworn to, the applicant shall present such
application to the chief of police at the police station,together with an affidavit from two
(2-)reputable citizens of the city, stating the applicant to be a trustworthy, sober and
reliable person, of good moral character, and that such a licant is com etent to erate a
taxicab.
(e) Upon receipt of any application for a chauffeur's license,the chief of police shall
satisfy himself that such applicant is qualified too erate a taxicab in the ci . After the
• chief of police has examined the application
• and has investigated the applicant for his ability to
properly operate a taxicab within the city,he shall either grant such application or refuse
same. If the chief of police refuses any application,he shall notify the applicant either
personally or at the last address given in such application. The applicant may appeal from
the decision of the chief of police by giving notice in writing to the city manager(or his
designee)within ten(10) days after notification. In the event such applicant appeals to
the city manager(or his designee) for a license,the city manager(or his designee) shall
notify the applicant of the date the hearing on his application will be heard, and shall hear
the appeal of such applicant for a chauffeur's license. After receiving the evidence in
connection therewith,the city manager(or his designee) shall either refuse or approve
such application. In the event the city manager(or his designee) approves the application,
the city manager(or his designee) shall order the chief of police to issue a license to such
applicant.
(f) If the application of a person is granted either by the chief of police or by the city
manager(or his designee),the chief of police shall immediately notify such applicant by
letter addressed to such applicant at the last address shown on the application. Within
three(3)business days after the postmark date of such letter, the applicant shall furnish
the chief of police two (2)recent,true photographs of such applicant, such photographs to
be not less than one and one-half(1 1/2)inches by one and one-half(1 1/2) inches,nor
greater than two (2)inches by two (2)inches, in size, one of which hoto a hs shall be
retained bZ the chief of police with the application, affidavits,
to be kept by the chief of police as a permanent record. The
other picture shall be firmly affixed to the license to be issued to the applicant. The
• license issued to such person shall be numbered, shall state the year for which such
license is issued. Such license shall further state the name, address, age,height,weight
and color of eyes and hair, and state that the party named on such license, whose picture
is shown on the face thereof, is a duly licensed driver of a motor vehicle in the city, and
such license shall further provide a space for the signature of the licensee,which
signature shall be affixed on the license in the presence of the chief of police at the time
such license is delivered to the licensee. All licenses shall be signed by the chief of
police.
(g) License shall be kept by the licensee under a celluloid cover,while such licensee is
driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in
such vehicle.
(h) It shall be a violation of this section for any person holding a chauffeur's license
hereunder to fail to have same displayed in the manner stated in subsection(g) at all
times in the motor vehicle which he is driving and of which he is acting as chauffeur.
(i) All licenses issued by the chief of police under this section shall expire on the
thirty-first day of December of the year in which same are issued. It shall be a violation
of this section to drive a taxicab with a chauffeur's license displayed which has expired.
0) Any chauffeur's license issued by the city under the terms of this section may be
either revoked or suspended by the chief of police for a violation of the ordinances of the
city or the traffic laws of the state by the holder of such license, and such license may
also be revoked or suspended if the holder thereof is negligent or careless in the operation
of a taxicab. Upon revoking or suspending any license the chief of police shall notify in
• writing the licensee whose license is revoked or suspended, and the chief of police shall
• immediately take up such license so revoked or suspended. Within ten(10)days after
revocation or suspension of the license, the party whose license had been revoked or
suspended may appeal to the city manager(or his designee) for reinstatement. The city
manager(or his designee) shall give the party so appealing a hearing, and after a hearing,
shall either sustain or reverse the action of the chief of police in revoking or suspending
such license. If the action of the chief of police is sustained by the city manager(or his
designee),the revocation or suspension of such license shall stand. If the action of the
chief of police is reversed, the license shall be returned to such licensee immediately.
(k) It shall be a violation of this section for any person to employ or permit a person to
drive a taxicab owned by such person,who does not have a valid chauffeur's license
issued by the chief of police for the current year, and such owner of such a vehicle shall
require such driver to produce a chauffeur's license issued by the city for the current year.
Upon employing a driver for a taxicab the person owning such vehicle or the agent
thereof so employing, shall immediately notify the chief of police of the name of such
driver and the license number of the license which such drive holds. If a driver of a
taxicab is discharged or otherwise leaves the employ of the person owning such vehicle,
such person shall immediately notify in writing the chief of police of any dismissal. Upon
receipt of such a notice,the chief of police shall investigate the reasons for such
dismissal, and after completing such investigation may, if he deems it advisable,revoke
or suspend the license of the driver so dismissed. Such licensee may appeal from the
action of the chief of police to the city manager(or his designee)who shall either sustain
or reverse the action of the chief of police.
(1) It shall be a violation of this section for any person owning one or more taxicabs to
• keep in his employment for the driving of such vehicle any person whose license issued
by the city has been either revoked or suspended.
(m) A licensee may renew his license upon expiration thereof by filing with the chief
of police an application for renewal upon forms to be furnished by the chief of police,
and shall furnish two (2) recent photographs of himself of the dimensions heretofore set
out in subsection(f), and shall furnish a certificate from a physician of the city showing
that he is physically capable to safely operate a motor vehicle for hire.
(n) No fee shall be charged for the issuance of any chauffeur's license or a renewal
thereof by the city.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-52. Rates and fares--Amounts;regulations.
(a) Authority to fix. The city council shall have the right to change or establish the
rates and fares to be charged by taxicabs in the city at any time it deems necessary.
(b) Schedule. Unless otherwise changed by the city council, the following taxicab rates
and fares shall be effective in the city:
(1) The rate or fare of either one or two (2)passengers shall be two dollars ($2.00) for
the first one-tenth( 1/10)mile or fraction thereof an I twenty cents
($0.20) for each one-tenth( 1/10)mile or fraction thereof traveled thereafter. The rate for
additional passengers shall be one dollar($1.00)per passenger, not to exceed the
vehicle's maximum seating capacity, according to trade rating.
(2) For each one minute of waiting time consumed by the taxicab at the instance of the
passenger, the rate shall be thirty cents ($0.30).
•
(c) Posting. There shall be posted, in a conspicuous place in a frame with a transparent
cover, on the inside of each taxicab, a card showing the rates herein prescribed; such card
shall be posted in a place easily discovered and read by any passenger riding in such
taxicab.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-53. Same--Refusal of passenger to pay.
It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the
use of any taxicab mentioned in this article, after having hired the same; and any person
who hires any taxicab with the intent to defraud the person from whom it is hired and,
after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of
a misdemeanor.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-54. Taximeters--Required.
All holders of permits for taxicabs operating upon the streets in the city shall install and
equip each taxicab with a taximeter,which taximeter shall be set upon the rates
hereinabove established in this article, and such taximeters shall be subject to inspection
• at any time by the city or its employees.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-55. Same--To be in operation while conveying passengers.
No taxicab shall be operated at any time with a passenger unless the meter on the taxicab
is correctly operating and showing the rates that are being charged. If at any time the
taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the
operator of the taxicab to immediately take such taxicab to its terminal and not operate
the same until the meter has been fixed and adjusted.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-56. Terminals;required; soliciting at stations prohibited; remaining in cab at
subterminals.
(a) Every operator of a taxicab shall maintain within the city an off-street terminal of
sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels, depots
and other places shall be designated by the director of traffic and transportation or other
designated official.
(b) When any taxicab is at any public carrier depot within the city it shall be unlawful
and enter the depot or o upon
for the driver or person in charge thereof to leave the same p g p
P g
the sidewalk or private property of any railroad company, air field or bus station for the
purpose of soliciting the transportation of any passenger arriving on the trains,buses or
airplanes at the depot.
(c) The drivers of taxicabs using subterminals shall remain seated in their vehicles at
• all times while such vehicle is at a public stand; provided,however, such drivers may
leave their vehicles when actually necessary to assist passengers to enter or leave same,
• or in any case of accident, necessity or emergency beyond the control of such driver.
(d) The form and type of a terminal shall be of such a nature as best meets public
convenience and necessity and affords a safe, sanitary and lawful operation of
transportation by taxicabs. The site, location,type of proposed buildings and the sanitary
conditions of the taxi stand shall be reflected in an application to the chief of police. The
equipment, site and place of a terminal must be found by the director of traffic and
transportation or other designated official to best meet public convenience and necessity
prior to an authorization to a permit holder to operate such terminal. An affirmative
finding in favor of applicant,reflecting adequate sufficiency of the place of any off-street
terminal shall be considered as having an established prima facie case thereon,upon its
appearing within the application that the operator of taxicabs is presently operating for
his own exclusive use such off-street terminal now being operated in the commercial
areas of the city.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-57. Signs; numbering; lettering.
Every taxicab shall have printed on each side and in the rear of such taxicab the name of
the owner or the assumed name under which the owner operates, together with the
company's telephone number and the cab number. All of the lettering mentioned in this
section shall not be less than two and one-half(2 1/2) inches in height and not less than
five-sixteenths ( 5/16)of an inch in stroke and such paint shall be either enamel or oil
paint that will weather the elements, and shall be kept legible at all times.
• (Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-58. Maximum load.
No driver or owner of any taxicab, licensed under the provisions of this article, shall
permit or allow more than six (6)persons to ride in such taxicab; and in no event shall
more than two (2)persons, in addition to the driver,be permitted to ride in the front seat
of such taxicab, and then only if the number of passengers makes it necessary.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-59. Persons permitted to ride;picking up additional passengers.
No taxicab driver shall permit any other person to occupy or ride in such taxicab except a
passenger for hire or an employee of the taxicab service by whom the driver is employed.
Unless the person first employing the taxicab shall consent, no additional passengers
shall be picked up or permitted to ride in a taxicab on the same trip.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-60. Maximum driving hours.
It shall be unlawful for the driver of any taxicab to be in charge of the same continuously
for more than twelve(12)hours, and no owner of any taxicab shall permit any driver of
any taxicab to be on continuous duty, as a driver, for a greater period than twelve(12)
hours.
(Ord. No. 99-77, § 1, 10-5-99)
•
•
Sec. 29-61. Cruising.
No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver shall
proceed at once by the most direct route to the garage where the vehicle is housed or to
the nearest stand; or if dispatched by radio, it shall proceed at once by the most direct
route to the place directed by the radio dispatcher.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-62. Soliciting patrons--By calling out to any person.
It shall be unlawful for any person to speak or to call out in a loud manner"taxicab,"
"automobile for hire," "hack," "carriage," "bus," "baggage," or"hotel," or in any manner
attempt to solicit passengers at any passenger depot or upon any passenger depot
platform, grounds or premises of any public carrier, or upon any sidewalk or street in
front of any passenger depot of any public carrier within the city.
(Ord.No. 99-77, § 1, 10-5-99)
Sec. 29-63. Same--By driver.
It shall be unlawful for any driver or operator of any taxicab or for any other person to
seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or
indirectly,while driving any taxicab over, through, or on, any public street or public
place of the city, or while same is parked on any public street or alley of the city, or to
repeatedly or persistently drive any taxicab through, over, or on, any public street or
place of the City, except in response to calls by patrons for such taxicab or while actually
transporting passengers therein.
(Ord. No. 99-77, § 1, 10-5-99)
Sec. 29-64. Property left in cabs.
All drivers of taxicabs shall promptly deliver to the police department all property left in
such vehicles by passengers.
When articles left in taxicabs have been delivered to the office of the chief of police,he
shall make an entry of the fact and shall keep all such articles until claimed by the owner,
or disposed of as authorized by statute.
(Ord.No. 99-77, § 1, 10-5-99)
Secs. 29-65--29-69. Reserved.
•
5
September 20, 2005
Consider approving an agreement with Cook Shaver Parker& Williams, P.C. for auditing services
related to the 2005 fiscal year
0 :4�- ,117!1371
City of Beaumont
M • EL
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Officer
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 14, 2005
REQUESTED ACTION: Council approval of an agreement with Cook Shaver Parker&Williams,
P.C. for auditing services related to the 2005 fiscal year.
RECOMMENDATION
Administration recommends approving an agreement with Cook Shaver Parker&Williams,P.C. for
auditing services related to the 2005 fiscal year.The Beaumont City Charter states"no auditor or firm of
auditors shall serve as auditor for the City ofBeaumont for more than four successive years."This will be
the third consecutive yearthat Cook Shaver Parker&Williams has been appointed as auditor for the City,
and therefore, they will be eligible to serve for fiscal year 2006 as well.
BACKGROUND
Interim work is scheduled to begin later this month,and the financial auditing reports will be completed by
January 24, 2006. The agreement is attached for your review.
BUDGETARY IMPACT
The contract amount including expenses will not be greater than$62,5 50,which is the same as in last year's
contract. Funds will be available in the FY 2006 budget for this expenditure.
PREVIOUS ACTION
Council approved an agreement with Cook Shaver Parker&Williams,P.C.on July 22,2003 for auditing
services related to the 2003 fiscal year,with an option to renew annually for a period ofthree additional
years. The second year agreement was approved on August 3, 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 firm of Cook Shaver Parker & Williams, P.C. be and it is hereby, designated as
the independent auditing firm for the City of Beaumont for a contract amount of no greater
than $62,550 including expenses for the fiscal period ending September 30, 2005 with an
option to renew annually for a period of one additional year. The agreement is substantially
in the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
September, 2005.
- Mayor Guy N. Goodson -
THE STATE OF TEXAS §
COUNTY OF JEFFERSON § Professional Services Contract
This Professional Services contract ("Contract") is hereby entered into on this day
of September, 2005 and effective immediately by and between Cook Shaver Parker&Williams,
P.C. ("Contractor") and the City of Beaumont ("City"), a municipal corporation located in
Jefferson County, Texas acting by and through its City Manager or his/her designee.
WITNESSETH:
That in consideration of the covenants and agreements hereinafter contained and subject to the
terms and conditions hereinafter stated, the parties hereto do mutually agree as follows:
I. Description of Work
For the consideration hereinafter agreed to be paid to Contractor by City, Contractor will conduct
an independent audit of the funds and account groups of the City for the fiscal year(s) ending
September 30, 2005 and other related services ("services") as described in Contractor's
proposal. The services are to conform in every respect to this Contract and the following
documents:
• City Request for Proposal (RFP); and
• Contractor's Proposal ("Proposal") to the RFP.
All documents referred to above are incorporated herein as if written word for word. In the case
of conflict in the language of any of the documents listed above and this Contract, the terms and
conditions of this Contract shall be final and binding on all parties. In the case of conflict in the
language of the RFP and Proposal, the terms and conditions of the RFP shall be final and
binding on all parties.
II. Term
This Contract shall commence on the day and year first written above and will terminate on the
issuance of internal control recommendation letters and Single Audit Reports or May 31, 2006,
whichever occurs first in accordance with the Proposal. This Contract may be extended on a
year to year basis, for a period not to exceed one (1) additional year, upon mutual consent of
City and Contractor. If Contractor desires to extend this Contract beyond the initial term,
Contractor shall request such extension sixty (60) days prior to the expiration of the initial term
or any extension thereof.
Fees will be as follows:
i
EXHIBIT "A"
Financial and Out-of-
Fiscal Comprehensive Pocket
Year Audit Fee Expenses Total Fee
2003 $ 61,800 $ 750 $ 62,550
2004 $ 61,800 $ 750 $ 62,550
2005 $ 61,800 $ 750 $ 62,550
2006 $ 61,800 $ 750 $ 62,550
Total payment to Contractor will not exceed the amount specified above for each fiscal period,
unless other conditions necessitate additional services which must be authorized in advance by
the City Manager. Contractor's charges for services are not to exceed similar charges of
Contractor for comparable services to other clients. Contractor will submit periodic billings for
services rendered on the basis of hours of work completed during the course of the engagement
and out-of-pocket expenses incurred in accordance with Contractor's dollar cost bid proposal.
Interim billings shall cover a period of not less than a month. Ten percent(10%)will be withheld
from each billing pending delivery of Contractor's final reports. No interest shall ever be due on
late payments. Payments to Contractor will be in the amount shown by the monthly statement
and other documentation submitted and shall be subject to the approval of the Finance Officer.
City shall not be liable under this Contract for any services which are unsatisfactory or which
have not been approved by City.
Contractor will not be entitled to reimbursement for expenses incurred in accordance with this
Contract unless Contractor has obtained the priorwritten consent of City to incur such expenses.
For services not included in this Contract, it is agreed between City and Contractor that a
separate agreement shall be entered into to cover such additional services.
Any and all charges made to City other than those specified in this Contract shall be fully
explained in a signed written document delivered to the Finance Officer prior to incurring any
charge or fee in excess of the amount stated in this Contract. Such written explanations shall
include, but not be limited to:
• nature of the additional charge, • basis of such charge,
• hours, • persons involved,
• hourly rate, • costs incurred, and
• statement that services provided were not included in basic Contract.
Any out-of-pocket expenses will require approval of the Finance Officer. Contractor will not incur
such expenses until written approval is obtained from the Finance Officer.
2
Contractor and City recognize that the continuation of any contract after the close of any given
fiscal year, which ends September 30 each year, of City shall be subject to the approval of the
City Manager.
III. Scope of Services
Contractor agrees to provide the services under this Contract in accordance with generally
accepted auditing standards (GAAS) and to perform the services to the highest professional
standards.
IV. City's Responsibilities
City agrees to:
• Have City accounting staff provide necessary prepared-by-client working papers normally
required for the annual audit and locate and reproduce documents necessary to the audit.
• Provide adequate work space and physical facilities needed to complete services.
V. Staff Requirements
Contractor agrees that staff assigned to City's audit shall contain at least one(1)person with two
(2)or more years of governmental auditing experience. This person shall be at a senior or higher
level. There shall be at least one (1) additional person that has completed a minimum of one (1)
full year in governmental auditing. Staff provided on site at City will be computer literate and
knowledgeable of spreadsheet software.
VI. Schedule
A. Contractor agrees to meet the following time deadlines for each fiscal period:
1. All working papers to be prepared by City must be submitted, by written list, to City on
or before September 30 of each year together with adequate written explanatory detail
as to the purpose of the working papers as well as the methodology to be used in
preparing such working papers and agreed-upon timing.
2. Preliminary audit work conducted prior to year-end closing may be scheduled by
Contractor at a mutually agreeable time and date.
3. Year-end fieldwork must begin by December 1.
4. Audit fieldwork must be completed by December 31.
3
5. Year-end audit adjustments and trial balances are to be submitted to City no later than
40 January 10.
6. The completed CAM and Single Audit Report must be submitted by January 24,
2006.
7. The management letter shall be submitted no more than thirty(30)calendar days after
submission of the CAFR.
8. Copies of all working papers or schedules shall be maintained by the Contractor for
the latter of five(5)years after acceptance by Council and all relevant federal and state
agencies or the time period required by any funding sources.
B. The audit shall not be considered complete until the relevant federal and state agencies
have approved the audit plan and accepted the single audit report in writing.
VII. Termination
It is agreed and fully understood that City may, at its option and without prejudice to any other
remedy it may be entitled to at law or in equity, cancel or terminate this Contract upon thirty(30)
days written notice to Contractor with the understanding that immediately upon receipt of said
notice, all work being performed thereunder shall cease. Contractor shall be compensated in
accordance with the terms of this Contract for all services performed through the date of receipt
of notice provided that City shall not be obligated to pay for any work which is unsatisfactory or
not submitted in compliance with the terms of this Contract. Contractor shall deliver all original
source documents belonging to City immediately after notice of termination of this Contract has
been received by Contractor.
VIII. Ownership of Documents
All original source documents given to Contractor under this Contract are the sole property of
City and shall be delivered to City without restriction on future use.
IX. Confidential Work
No reports, information, project evaluation, data, or any other documentation developed by,
given to, prepared by, or assembled by Contractor under this Contract shall be disclosed or
made available to any individual or organization by Contractor without the express prior written
approval of City.
4
X. Contractor's Liability
Acceptance by City of Contractor's reports shall not constitute or be deemed a release of the
responsibility and liability of Contractor, its employees, agents, or associates for the accuracy
and competency of their reports, information, and other documents or services; nor shall
acceptance or approval be deemed to be the assumption of such responsibility by City for any
defect, error, or omission in the documents prepared by Contractor, its employees, agents, or
associates.
XI. Nondiscrimination
As a condition of this Contract, Contractor covenants that contractor will take all necessary
actions to insure that, in connection with any work under this Contract, Contractor, its associates
and subcontractors, will not discriminate in the treatment or employment of any individual or
groups of individuals on the grounds of race, color, religion, national origin, age, sex, ancestry,
place of birth, or disability, either directly, indirectly, or through contractual or other
arrangements. In this regard, Contractor shall keep, retain, and safeguard all records relating
to this Contract or work performed thereunder place of birth, or disability, either directly,
indirectly, or through contractual or other arrangements. In this regard, Contractor shall keep,
retain, and safeguard all records relating to this Contract or work performed thereunder for a
minimum period of five (5) years from the final Contract completion, with full access allowed to
authorized representatives of City, upon request,for purposes of evaluating compliance with this
and other provisions of the Contract.
XII. Notices
All notices, communications, and reports required or permitted under this Contract shall be
personally delivered or mailed to the respective parties by depositing same in the United States
mail, postage prepaid, at the address shown below, unless and until either party is otherwise
notified in writing by the other party, at the following addresses. Mailed notices shall be deemed
communicated as of five (5) days after mailing.
If intended for City, mail to: Max S. Duplant, CPA
Finance Officer
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704-3827
or deliver to: Max S. Duplant, CPA
Finance Officer
Beaumont City Hall
801 Main Street, Room 320
Beaumont, TX 77701
s
5
If intended for Contractor, mail to: Ted J. Williams
Cook Shaver Parker & Williams, P.C.
P. O. Box 7343
Beaumont, Texas 77726-7343
XIII. Applicable Law
This Contract is entered into subject to the Charter and ordinances of City as they may be
amended from time to time and is subject to and is to be construed, governed, and enforced
under all applicable federal and state laws. Contractor will make any and all reports required by
federal, state, or local law, including but not limited to, proper reporting to Internal Revenue
Service, as required in accordance with the Contractor's income. Situs of this Contract is agreed
to be Jefferson County, Texas for all purposes including performance and execution.
XIV. Severability
If any of the terms, provisions, covenants, or conditions of this Contract shall for any reason be
. held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability will not affect any other provisions of this Contract. All provisions shall remain
in full force and effect and shall in no way be affected, impaired, or invalidated. Any other
provisions of this Contract shall be considered as if such invalid, illegal, or unenforceable
provision had never been contained in this Contract.
XV. Default
If at any time during the term of this Contract, Contractor shall fail to commence work, in
accordance with the provisions of this Contract, fail to diligently provide services in an efficient,
timely, and careful manner and in strict accordance with the provisions of this Contract, fail to
use adequate number or quality of personnel to complete the work, or fail to perform any of its
obligations under this Contract, then City shall have the right, if Contractor shall not cure any
such default afterfifteen(15)days written notice thereof,to terminate this Contract and complete
the work in the manner it deems desirable, including engaging the services of other parties
therefor. Any such act by City shall not be deemed a waiver of any right or remedy of City. If,
after exercising any such remedy, the cost to City of the performance of the balance of the work
is in excess of that part of the Contract sum which has not theretofore been paid to Contractor
thereunder, Contractor shall be liable for and shall reimburse City for such expenses.
6
XVI. Monies Withheld
When City has reasonable grounds for believing that Contractor will be unable to perform this
Contract fully and satisfactorily within the time fixed for performance, or that meritorious claim
exists or will exist against Contractor or City arising out of the negligence, error, or omission of
Contractor or Contractor's breach of any provision of this Contract, then City may withhold
payment of any amount otherwise due to Contractor under this Contract. Any amount so
withheld may be retained by City for that period as it may deem advisable to protect City against
any loss. City may, after written notice to Contractor, apply such money in satisfaction of any
claim(s). This provision is intended solely for the benefit of City and no other person or entity
shall have any right against City or claim against City by reason of City's failure or refusal to
withhold monies. No interest shall be payable by City on any amounts withheld under this
provision. This provision is not intended to limit or in any way prejudice any other right of City.
XVII. Indemnification
Contractor shall and does hereby agree to indemnify and hold harmless City, its officers, agents,
and employees from any and all damages, loss or liability of any kind whatsoever by reason of
death or injury to property to third persons caused by negligent act, error, or omission of
Contractor, its officers, agents, employees, invitees, or other persons for whom Contractor is
legally liable with regard to the performance of this Contract. Contractor will, at its own expense,
defend, pay on behalf of and protect City, its officers, agents, and employees against any and
all such claims and demands.
XVIII. Insurance
A. Contractor shall at Contractor's own expense, purchase and keep in force during the term
of this Contract such insurance as set forth below. Contractor shall not commence work
under this Contract until Contractor has obtained all insurance required and such
insurance has been approved by City. All insurance policies provided under this Contract
shall be written on an "occurrence basis" unless otherwise indicated. The insurance
requirements shall remain in effect throughout the term of this Contract.
1. Professional liability insurance - including contractual liability in an amount not less
than $500,000
2. Commercial general liability insurance-$500,000 combined single limit per occurrence
for bodily injury, personal injury, and property damage; this policy shall have no
coverages removed by exclusion
3. Automobile liability- $500,000 combined single limit per accident for bodily injury and
property damage; coverage should be provided as a "Code 1", any auto
4. Workers compensation and employers' liability - employer's liability policy limits of
$100,000 for each accident, $500,000 disease policy limit
7
B. Other insurance provisions
1. City shall be named as an additional insured on the commercial general liability and
automobile liability insurance policies. These insurance policies shall contain the
appropriate additional insured endorsement signed by a person authorized by that
insurer to bind coverage on its behalf.
2. Should professional liability coverage be provided on a"claims-made"form,Contractor
must maintain this policy for a period of four(4)years after completion of this Contract
or purchase extended reporting period or "tail" coverage.
3. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, cancelled, or reduced in coverage or in limits except
after thirty (30) days prior written notice has been provided to City.
4. Insurance is to be placed with insurers with a Best rating of no less than "AMII". The
company must also be duly authorized to transact business in the state of Texas.
5. Workers compensation and employer's liability coverage - The insurer shall agree to
waive all rights of subrogation against City, its officials, employees, and volunteers for
losses arising from the activities under this Contract.
6. Certificates of insurance completed on the Accord form only and endorsements
effecting coverage required by this clause Shall be forwarded to:
Rose Ann Jones
City Clerk
City of Beaumont
P.O. Box 3827
Beaumont, Texas 77704-3827
XIX. Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any other right or
remedy herein granted by law or equity provided or permitted; but each shall be cumulative of
every other right or remedy given thereunder. No covenant or condition of this Contract may be
waived without consent of the parties. Forbearance or indulgence by either party shall not
constitute a waiver of any covenant or condition to be performed pursuant to this Contract.
a
XX. Independent Contractor
Contractor covenants and agrees that he/she is an independent contractor and not an officer,
agent, servant, or employee of City;that Contractor shall have exclusive control of and exclusive
right to control the details of the work performed thereunder and all persons performing same
shall be responsible for the acts and omissions of its officers, agents, employees, contractors,
subcontractors, and consultants;the doctrine of respondeat superior shall not apply as between
City and Contractor, its officers, agents, employees, contractors, subcontractors, and
consultants; and nothing herein shall be construed as creating a partnership or joint enterprise
between City and Contractor.
XXI. Entire Agreement
This Contract embodies the complete agreement of the parties hereto, superseding all oral,
written,-previous, and contemporary agreements between the parties relating to matters herein,
and except as otherwise provided herein, cannot be modified without written agreement of the
parties.
XXII. Successors and Assigns
City and Contractor each bind themselves, their successors, executors, administrators, and
assigns to the other party to this Contract. Neither City nor Contractor will assign, sublet,
subcontract, or transfer any interest in this Contract without the written consent of the other
party. No assignment, delegation of duties or subcontract under this Contract will be effective
without the written consent of City.
XXIII. Non-Waiver
It is further agreed that one (1) or more instances of forbearance by City in the exercise of its
rights herein shall in no way constitute a waiver thereof.
XXIV. Headings
The headings of this Contract are for the convenience of reference only and shall not affect in
any manner any of the terms and conditions thereof.
XXV. Changes
City may, from time to time, require changes in the scope of services to be performed under this
Contract. Such changes as are mutually agreed by and between City and Contractor shall be
incorporated by written modification to this Contract.
9
XXVI. Performance of Services
Contractor, its associates, and employees shall perform all services called for in this Contract.
Contractor covenants and agrees that all of its associates and employees who work on the
engagement shall be fully qualified to undertake same and competent to perform the services
described in this Contract.
XXVII. Conflict of Interest
Contractor covenants and agrees that Contractor, its associates, and employees will have no
interest, and will acquire no interest either director indirect,which will conflict in any manner with
the performance of the services called for under this contract. All activities, investigations and
other efforts made by Contractor pursuant to this Contract will be conducted by employees,
associates, or subcontractors of Contractor.
XXVIII. No Third Party Beneficiary
For purposes of this Contract, including its intended operation and effect, the parties (City and
Contractor) specifically agree and contract that:
1. The Contract only affects matters/disputes between the parties to this Contract and is in
no way intended by the parties to benefit or otherwise affect any third person or entity,
notwithstanding the fact that such third person or entities may be in a contractual
relationship with City or Contractor or both; and
2. The terms of this Contract are not intended to release, either by contract or operation of
law, any third person or entity from obligations owing by them to either City or Contractor.
XXIX. Venue
The parties to this Contract agree and covenant that this Contract will be enforceable in
Beaumont, Texas and that if legal action is necessary to enforce this Contract, exclusive venue
will lie in Jefferson County, Texas.
XXX. Procurement of Goods/Services from Beaumont Businesses
and/or Historically Underutilized Businesses
In performing this Contract, Contractor agrees to use diligent efforts to purchase goods/services
from Beaumont businesses whenever such goods/services are comparable in quality and price.
10
As a matter of policy with respect to City contracts and procurements, City also encourages the
use, if applicable, of qualified contractors, subcontractors, and suppliers where at least fifty-one
percent(51%)of the ownership of such contractor, subcontractor, or supplier is vested in ethnic
minorities or women. In the selection of subcontractors, suppliers, or other persons in
organizations proposed for work on this Contract, the Contractor agrees to consider this policy
and to use its reasonable and best efforts to select and employ such company or persons for
work on this Contract.
In witness whereof, the parties hereunto set their hands by their representatives duly authorized
on this day and year first written above.
CONTRACTOR CITY OF BEAUMONT
By
Signature Kyle Hayes, City Manager
Attest:
Printed/typed Name
Printed/typed Title Rose Ann Jones, City Clerk
Tax Identification Number
Witness:
u
THE STATE OF TEXAS §
Contractor Acknowledgment
COUNTY OF JEFFERSON §
Before me, a Notary Public in and for the State of Texas, on this day personally appeared _
, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that he/she executed same
for and as the act and deed of , as
thereof, and for the purposes and consideration
therein expressed and in the capacity therein stated.
Given under my hand and seal of office this the day of , 200
Notary Public in and for the State of Texas
Commission expires Notary's printed name
THE STATE OF TEXAS §
City Acknowledgment
COUNTY OF JEFFERSON §
Before me, a Notary Public in and for the State of Texas, on this day personally appeared _
, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that same was the act of
said City of Beaumont, Texas, a municipal corporation of the State of Texas, Jefferson County,
Texas, and as the City Manager thereof, and for the purposes and consideration therein
expressed and in the capacity therein stated.
Given under my hand and seal of office this the day of , 200
Notary Public in and for the State of Texas
Commission expires Notary's printed name
12
! - 6
September 20, 2005
Consider authorizing the City Manager to execute an extension of the Beaumont Community
Players' Development and Lease Agreement
i
City of Beaumont
117LJ,1J Council Agenda Item
M MaNTINIM TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Internal Services Director
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 14, 2005
REQUESTED ACTION: Council authorize the City Manager to execute an extension of the
Beaumont Community Players' Development and Lease Agreement.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a two-year extension to the
current Development and Lease Agreement with the Beaumont Community Players(BCP) for the
construction of a new community theater on City-owned property.
BACKGROUND.
Council authorized a Development and Lease Agreement with BCP on August 8, 2000 for the
construction and lease of a new community theater located on City-owned property. BCP proposed
to raise funds needed for the design and construction of a 13,000 square foot theater. The proposed
facility was to seat 250 to 300 patrons in an auditorium-style arrangement and provide additional
rooms for meetings, dinner plays, rehearsals, administrative offices, costume and scene shops, and
storage.
The terms of the agreement require the City to provide a site at the corner of College and Orleans
Streets upon which the new theater is to be constructed. Upon completion of construction,BCP will
donate the theater to the City,then lease the facility back for a twenty-year period for a nominal$10
per year fee. BCP will have exclusive use of the facility for education, civic, entertainment, and
community theater purposes.
The agreement provided a two-year period for construction to commence. BCP believes that the
events of September 11,2001, slowed the momentum of its capital campaign,resulting in its request
for the City to provide additional time for the project.
Extension to Development and Lease Agreement
September 14, 2005
Page 2
In 2002,2003,and 2004,BCP requested and received such extensions. This was due to the fact that
BCP needed more time to raise the estimated $2.5 million required for construction.
BCP is again requesting an extension ofthe lease agreement,in order to raise funds. It currently has
received about$440,000 of the$634,000 it has in pledges and is exploring grants and other funding
sources to assist with this project. BCP is now considering developing the theater complex in two
phases. The first phase would include the theater and cost about $1.2 million. The offices and
ancillary uses would be built in the second phase and cost about $1.3 million. BCP is proposing to
include some additional office space suitable for lease to other local organizations in its second phase.
The proposed extension changes the original agreement so that the City accepts each of the two
phases of the project when they are complete. BCP will also pay one-half of the costs for
maintenance,repairs,and utilities that would otherwise be payable by the City,until the second phase
is compete and accepted. Additionally, the extension changes the agreement to allow the City to
retain the rights to set rental rates and collect the rents generated from the lease of any additional
office space that is included in the project.
A copy of the proposed extension and the Development and Lease Agreement are attached for your
review.
BUDGETARY IMPACT
There is no budgetary impact during the term of the extension. Once the first phase of the project
is complete and accepted by the City, the City will be responsible for one-half of the costs for its
repairs, equipment maintenance, and utility expenses. Upon completion and acceptance of the
second phase,the City will be solely responsible for the theater complex's repair and utility expenses.
The utility costs for the complex are estimated to exceed$65,000 per year. After the second phase
of construction is complete, some of these costs will be offset by rents collected from other
organizations that office in the facility.
PREVIOUS ACTION
Council authorized the execution of a Development and Lease Agreement with BCP on August 8,
2000. The agreement was extended on July 30, 2002, August 12, 2003, and again on August 10,
2004.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Internal Services Director.
STATE OF TEXAS §
COUNTY OF JEFFERSON SO §
EXTENSION OF LEASE
WHEREAS, on August 9, 2000, the City of Beaumont (herein "City") entered into a
Development and Lease Agreement with Beaumont Community Players(herein"BCP")for
a term expiring August 9, 2002; and
WHEREAS, BCP was granted three (3) one-year extensions, the last expiring
August 9, 2005; and
WHEREAS, said lease may only be amended by the parties in writing executed by
BCP and the City Manager of City; and
WHEREAS, City and BCP desire to extend the expiration date for said lease for two
(2) additional years;
Now, therefore the City and BCP agree as follows:
1.01 The Development and Lease Agreement between City and BCP is hereby
extended to terminate August 9, 2007.
1.02 All provisions of said Development and Lease Agreement not in conflict
herewith are hereby accepted and ratified by BCP and City.
1.03 The preamble of such Agreement is hereby amended to clarify that the BCP
may build the theater in two phases. The first phase construction, which is primarily the
theater, is estimated to cost approximately $1.2 million and the second phase
approximately$1.3 million. The second phase includes construction designed for ancillary
Page 1 of 3
theater uses and an office annex with sufficient additional office space suitable for
occupancy by other local organizations.
1.04 Paragraphs 1.2 and 3.2 of such Agreement are amended to clarify that the
City will accept the gift of the theater in two (2) phases and grant the lease for a twenty(20)
year period at the time it accepts Phase One construction. The second phase of the
construction will be added to the lease, after its completion and acceptance by the City.
1.05 Paragraph 2.3 of such Agreement is hereby amended to clarify that the
parties understand and agree that the laws applicable to construction of the theater on City-
owned property requires that the prime contractor provide a payment bond to BCP to
protect the rights of laborers, vendors and materialmen who provide goods and services
to the project.
1.06 Paragraph 3.18 of such Agreement is hereby amended to limit BCP control
of the additional office space contemplated in the second phase of development. Any such
additional space that may exist in the facility will be under the control of and may only be
leased from the City. The City reserves the right to execute such leases, establish the
rental rates, and to receive the proceeds therefrom.
1.07 Paragraph 3.16 of such Agreement is amended to add language as follows:
"Until the second phase of construction is complete and accepted by the City, BCP will pay
one-half of the cost of the theater's repairs, maintenance, and basic utilities that would
otherwise be payable by the City".
Page 2 of 3
IN WITNESS WHEREOF, BCP and City have executed or caused to be
executed by the duly authorized offices or agents this lease extension on the day
of , 2005.
CITY OF BEAUMONT BEAUMONT COMMUNITY PLAYERS
By: By:
Kyle Hayes, City Manager Kay Timaeus, President
Page 3 of 3
STATE OF TEXAS §
COUNTY OF JEFFERSON §
DEVELOPMENT AND LEASE AGREEMENT
This Development and Lease Agreement is entered into this the day of
2000, by and between the City of Beaumont, a municipal
corporation of the State of Texas (hereinafter referred to as "City"), and Beaumont
Community Players, a non-profit corporation of the State of Texas (hereinafter referred to
as "BCP").
WITNESSETH :
WHEREAS, BCP desires to construct a community theater building on' .land owned
by City at an approximate cost of $1.5 million and give said theater building to City at the
completion of construction and thereafter lease the theater building and land (herein the
"Facility") as a community theater for the benefit of the citizens of Beaumont and Southeast
Texas; and
WHEREAS, City has Property available, said Property being described in Exhibit
"A" attached hereto and made apart hereof for-all purposes (herein the "Property"), and
wishes to allow BCP the use of the Property for purposes of construction of a theater
structure and then lease the structure to BCP.
G:%RMWMBCPAGR
Page 1 of 10
NOW, THEREFORE,.IN CONSIDERATION of the mutual promises herein contained
and with successful project implementation being the common objective, City and BCP
agree.as follows:
1.
CITY COMMITMENTS
1.1. City will provide to BCP, free and clear of all physical encumbrances, the
Property. The Property will be made available for a period of two (2) years after the date
of execution of this Agreement, after which time the right of BCP to use the Property will
terminate unless BCP has either completed or substantially completed the construction of
a theater building on the Property.
1.2. After completion of the theater structure and approval by the City, the City
will accept the gift of the theater structure and lease the facilities to BCP fora twenty (20)
year period.
2.
13CP COMMITMENTS
2.1. BCP will be solely responsible for providing funding of the entire project,
including, but not limited to, construction costs, architectural-fees, engineering fees and
geotechnical fees necessary for the construction of the-theater building.
2.2. BCP will retain an architect licensed in the State of Texas to prepare
construction drawings and specifications and provide contract management of the entire
project. The plans and specifications for the project shall be subject to the approval of the
City Manager of City or his designee.
'; G:�ftMW1BCPAGR
Page 2 of 15
2.3. BCP will be responsible for the construction of the theater structure in
accordance with all laws and ordinances applicable to such construction.
2.4. BCP will execute all documents necessary to make a gift of the theater
structure to City after completion of construction and acceptance by City.
3.
LEASE AGREEMENT
3.1. For and in consideration of the gift of the theater building to the City and the
performance by BCP of covenants and agreements contained in this instrument, City does
hereby lease and let unto BCP and BCP does hereby take and lease from City the Facility.
3.2. The Lease shall commence after the gift to City by BCP and the acceptance
by City of the theater structure and shall continue for twenty (20) years thereafter, said
Lease to terminate no later than the 31 st day of August, 2022, if not sooner term-
erminated as
hereinafter provided.
3.3. As rental hereunder, BCP agrees to pay to City the sum of Two Hundred
Dollars ($200), said sum being'payable at the rate of Ten Dollars ($10) per year during the
term of this lease.
3.4. BCP shall use and occupy the Facility as a community theater and for related
purposes, including, but not limited to, educational, civic, fundraising and entertainment
purposes. BCP agrees to operate the Facility as a community theater during the full term
of this Lease.
GA MWOCPAGR
' Page 3 of 10
3.5. BCP will comply with any and all laws, ordinances, rules, orders and
regulations of any governmental authority which are applicable to BCP's operations in and
on the Facitify.
3.6. Nothing contained herein shall prevent BCP from charging an admission
price for persons to attend performances at the theater structure or to use and charge for
the use of the theater structure for related events. City shall be allowed to use the facilities
when available for.no charge.
3.7. During the term of this Lease, BCP shall not,,without first obtaining the
written consent of the City Manager of City or his designee, make any alterations,
additions, or improvements in, to or about the Facility, provided, however, that such
consent shall not be unreasonably withheld. Any work done by BCP in, to or about the
Facility shall be done in a good and workman-like manner and without impairing the
structural integrity of the building and in compliance with all applicable codes, ordinances
and laws and no liens shall attach to the Facility. Similarly, during the term of this Lease,
City will not, without first obtaining the written consent of BCP, make any alterations,
additions or improvements in,to or about the Facility; provided, however,that such consent
shall not be unreasonably withheld.
3.8. BCP shall not do or suffer anything to be done in or about the Facility which
will increase the rate for fire and extended coverage insurance on the Facility.
3.9. if the Facility is damaged by fire or any other casualty, all insurance proceeds
for such casualties shall be paid to either BCP or City, as their interest may appear and as
1 G:�FtMYY18cPAGR
Page 4 of 10
, 1
their loss may be allocated. Either City or BCP may elect to terminate this Lease under the
terms hereof should a fire or other casualty loss result in damage to the Facility in excess
of fifty percent (50%) of the replacement cost of such Facility immediately prior to such
casualty. Should either party elect such termination, then the other.party shall have the
option for sixty (60) days after the date of such election and notice of such election to
terminate the Lease or to elect to rebuild the Facility. Such election to rebuild by either
party shall be by written notice to the other-party. Should such party elect to rebuild as
provided herein, then this Lease shall continue in full force and effect from and after the
completion of the rebuilding and reconstruction of the Facility. Any rebuilding or
reconstruction of the Facility shall restore such premises to substantially the same,
condition as existed rior to such
p casualty loss. Should_either party elect to rebuild; such
insurance proceeds as shall have been paid to both parties shall be deposited in a state
or federal bank with offices located in the City of Beaumont, Jefferson County, Texas.
Such insurance proceeds shall be held in escrow by such bank as a trust fund for the
purpose of paying for the cost of rebuilding and repairing the Facility and the cost of
making temporary repairs or doing such work as may be necessary to protect the Facility
against further injury. Such insurance proceeds shall be disbursed in accordance with the
provisions of paragraph 3.10 . hereof. The bank shall be entitled a reasonable
compensation payable out of such fund. If insurance proceeds held by the bank as
provided in this paragraph shall exceed such costs, such excess shall belong to and be
paid over to the parties who deposited said amounts in proportion to their interest in the
G:ARMIMSCP.AGR
Page 5 of 10
.t 't
account. If rebuilding of the Facility is undertaken by BCP under this Article, the
construction shall be made subject to the approval of City,
3.10. Any monies paid out of the trust fund established under the terms of
paragraph 3.9 hereof shall be paid as the work progresses, upon the request of the party
performing the reconstruction, and against the certificates of the architect or engineer in
charge,of such reconstruction showing that the amount stated in the particular certificate
has been paid or is due in respect to such work together with the names and addresses
of the persons, if any, to whom such amounts are due. Payments hereunder shall be
subject to normal retainage applicable to construction contracts entered into by home-rule
cities in accordance with the laws of the State of Texas:
3.11. Upon any termination-of this Lease under an provisions of this Lease other
any
on a default on the part of BCP, BCP shall be entitled to remove all of the furniture,
furnishings and other property of BCP located on the Facility, specifically including, but not
limited to, sound, lighting and special effects property associated with theatrical
productions.
3.12. Subject to all limits, deductibles and limitations of its policies chosen by City,
City shall procure and maintain Texas multi-peril form hazard insurance coverage on the
Facility in not less than the full insurable value thereof. Such insurance shall be obtained
in the name of City.
3.13. BCP shall procure and maintain all insurance which it deems necessary for
its protection against loss of or damage to any property in or on the Facility.
G.\RMYYIBCPAGft Page 6 of 10
3.14. If either party defaults on the performance of any covenants or conditions
hereof, such party may give notice of such default to the other and, if such other party does
not cure such default within thirty(30) days after such notice, then the non-defaulting party
may terminate this Lease by written notice to so terminate and, if terminated by City, City
may re-enter and take possession of the Facility or remove all persons and property
therefrom without being deemed guilty of any manner of trespass.
3.15. The failure of either party to insist on strict-performance of any.covenant or
condition hereof or to exercise any option or election herein -contained shall not be
construed as a waiver of such covenant, condition, option or election. In any other
instance, this Lease cannot be changed; amended or terminated orally.
3.16. During he
g term of this Lease, BCP shall be responsible for general building
and grounds maintenance of the Facility and the security system. Maintenance, as used
herein, shall mean janitorial service, replacement of luminaries, minor plumbing, minor
HVAC maintenance, such as annual checks and replacement of filters, interior painting,
beautification and.maintenance of landscaping other than grass cutting and general yard
maintenance. City will be responsible for walls, roof, exterior windows, HVAC system
operation, major plumbing repairs, and the structural integrity of the Facility. City will be
responsible for grass cutting and trimming in accordance with the City's regular schedule
and quarterly pest control to include termite treatment. City will be responsible for all
utilities including garbage collection costs except telephone and cable television or other
cable communication devices. Maintenance and repair or replacement of all interior
G.VOAVV\BCPAGR Page T of 10
.l
lighting and sound - systems associated with theatrical performances will be the
responsibility of BCP,
3.17. BCP agrees to schedule annually a series of not less than three (3)theatrical
performances in the Facility utilizing area talent.
3.18. BCP will have control of the use-of the Facility throughout the term of this
lease and, thus, may allow the Facility to be used by others when available on terms and
conditions to be decided by BCP. However,-BCP may not assign its obligations under this
lease without written consent of City Manager of City.
3.19. BCP shall provide broad form liability insurance (including contractual
coverage) naming the City as. an additional insured for all uses of the Facility with
aggregate limits of not less than 1
$ million.
3.20. The provisions of this Lease shall apply to, bind and inure to the benefit of
City and BCP.and their respective successors and assigns; provided, however, that the
inclusion of assigns in this sentence shall not be construed to permit an assignment
contrary to any other provision or covenant of this lease.
3.21. This lease and any and all amendments, modifications or other writings
pertaining thereto shall be construed under and pursuant to-the laws of the State of Texas.
3.22.. In the event that any provision hereof or the application thereof to any person
or circumstances shall be judged invalid or unenforceable, the remainder of this Lease or
the application of such provision to persons or circumstances other than those to which it
G:1RM1M8CPAGR
Page 8 of 10
is held invalid or unenforceable shall not affected thereby and each term and provision of
this Lease shall be valid and enforced to the fullest extent permitted by law.
3.23. In construing this Lease, masculine or feminine pronouns shall be substituted
for those neuter in form and.vice versa and plural terms shall be substituted for singular
and singular for plural in any place in which the context so requires.
3:24. Any notice required hereunder shall be given in writing and shall be deemed
to have been duly given only if delivered personally or sent by registered or certified.United
States mail, return receipt requested, in a postpaid envelope properly addressed to the
-party entitled to receive such notice. Notices shall be-sent to the following addresses:
City: BCP:
City Manager Beaumont Community.Players
City of Beaumont P. O. Box 21743
P. O. Box 3827 Beaumont, Texas 77720-1743
Beaumont, Texas 77704
3.25 BCP understands that BCP shall be solely responsible for providing adequate
parking for the facility during the term of this lease
3:26 City shall be provided keys to the facility and may enter the facility at anytime.
3.27 This Agreement and Lease may only be-amended by the parties in writing
executed by BCP and City Manager of City.
3.28 BCP agrees to indemnify and hold harmless and defend City its officers,
agents and employees from and against all liability for claims, liens,.suits, demands, and/or
actions for damages, injuries to person (including death), property damage, (including loss
G.\RMWOCP,AGR Page 9 of 10
.t , i
. . 1
of use), and expenses including court costs and attorney's fees, and reasonable costs
arising out of or resulting from BCP's activities in the facility, expressly including negligence
of City its officers, agents, employees, or invites.
IN WITNESS WHEREOF, BCP and City have executed or cause to be executed by
the duly authorized officers or agents this Lease, all as of the day and year first above-
written.
CITY OF BEAUMONT BEAUMONT COMMU7�,Illt4 RS
By: our By: laxx, �
Stephen J. oncze ity Manager resident
G'VVvrN0CPAGR Page 10 of 10
,t
' ttE A-1 n
7CHIBIT
A 46,871 square foot tract of land out of Block 38 of the.Original Town of Beaumont, Jefferson
County, Texas, according to the map or plat of said Original Town of Beaumont of record in the
office of the County Clerk of Jefferson County, Texas, being described by metes and bounds as
follows,-to-wit:
BEGINNING at the Northeast corner of Lot 179,Block 38 of said Original Town of Beaumont;
THENCE South 40 degrees 35 minutes East along the East line of Lot 179 and thru Lot 183, a
distance of 180.00 feet to comer at the Northeast comer of Lot 174 and the Northwest comer of Lot
173;
THENCE South 49 degrees 25 minutes West along the North line of Lot 174, a distance of 60.00
feet to corner at the Northwest corner of Lot 174 and the Northeast corner of Lot 175;
THENCE South 40 degrees 35 minutes East along the West line of Lot 174, a distance of 120.00
feet to the Southwest comer of Lot 174;
THENCE South 53 degrees 42 minutes 21 seconds West a distance of 120.34 feet to the Southwest
comer of Lot 176;
THENCE North 40 degrees 35 minutes West a distance of 171.00 feet to the-Northwest corner of
Lot 182;
THENCE North 49 degrees 25 minutes East along the North line of Lot 182, a distance of 1.6 feet
to corner;
THENCE in.a Northeasterly direction along the arc of a curve to the right,and a distance of 119.21
feet to comer at the end of said curve,the radius of said curve being 127.74•feet with a central angle
of 53 degrees 28 minutes 23 seconds;
THENCE North 21 degrees 54 minutes 07 seconds East, a distance of 57.81 feet to the Northeast
comer of Lot 178 and the Northwest corner of Lot 179 in the South right-of-way,line of Wall Street,
THENCE North 49 degrees 25 minutes East along the North line of Lot 179, a distance of 60.00 feet
to the PLACE OF BEGINNING and containing 46,871 square feet,more or less.
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COLLEGE (9 PEARL
DJ A IFN BY.- B.T USTAN SCALE: 1 6
! 7
September 20, 2005
Consider approving the City of Beaumont Investment Policy with changes
CUjQ City of Beaumont
1W_
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Finance Officer
MEETING DATE: September 20, 2005
AGENDA MEMO DATE: September 15, 2005
REQUESTED ACTION: Council consider a resolution approving the City of Beaumont
Investment Policy with changes as attached.
RECOMMENDATION
The administration requests a review of the City of Beaumont Investment Policy and approval
with changes as attached.
BACKGROUND
State law mandates the City Council review the Investment Policy and approve modifications,if any,
to the policy on an annual basis.
The Texas State Legislature met in 2005 but there were no significant changes to the law regarding
Chapter 2256 of the Government Code(Public Funds Investment Act)which were applicable to the
City of Beaumont. However, effective for fiscal year ended September 30, 2005, the City will be
subject to a new financial reporting requirement referred to as"GASB Statement No.40,Deposit and
Investment Risk Disclosures." The new disclosures require a change to the City's policy which
clarifies the acceptable range of risk tolerance in the area of credit risk and concentration risk. The
requested changes are highlighted in red on pages 5,6 and 8.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The City's current policy was adopted on September 26, 1995 with amendments on October 29,
1996, October 28, 1997 and November 3, 1998, November 9, 1999, November 21, 2000, January
29, 2002, March 4, 2003 and May 4 2004.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Finance Officer.
City of Beaumont
Investment Policy
L Introduction
It is the policy of the City of Beaumont to invest public funds in a manner which will ensure
that the investments are duly authorized,properly managed,adequately protected and fully
collateralized. The City shall seek the highest investment return with the maximum security
while meeting daily cash needs and conforming to the City Charter, the Public Funds
Investment Act(Chapter 2256,Government Code as amended)and all other state and local
statutes governing the investment of public funds.
II. Scope
This investment policy applies to all financial assets ofthe City as accounted for in the City's
Comprehensive Annual Financial Report. These include General, Special Revenue, Debt
Service,Capital Projects,Enterprise,Internal Service and Fiduciary Funds. All are pooled
for investment purposes except debt service and debt service reserve funds. Interest is
allocated monthly to each fund based on its individual cash balance.
III. Prudence
Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion, and intelligence would exercise in the management of the
person's own affairs,not for speculation,but for investment,considering the probable safety
of capital and the probable income to be derived. The "prudent person" standard shall be
applied in the context of managing the total portfolio rather than a single investment
providing that the decision was consistent with this investment policy. (Section 2256.006,
Government Code)
Investment officials acting in accordance with written procedures and the investment policy
and exercising due diligence shall be relieved of responsibility for an individual security's
credit risk or market price changes provided that deviations from exceptions are reported
in a timely fashion and appropriate action is taken to control adverse developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be
preservation and safety of principal, liquidity and yield. (Section 2256.006, Government
Code)
1
City of Beaumont-Investment Policy
A. Safety of principal
The City ofBeaumont has as its foremost objective to ensure the safety of principal.
Investments of the City shall be undertaken in a manner that seek to ensure the
preservation of capital in the overall portfolio. To attain this objective diversification
is required in order to eliminate an over-concentration of assets in one institution,
maturity or type of securities.
B. Li uidi
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements which might be reasonably anticipated. The portfolio
shall be constructed so that investment maturities are matched with forecasted cash
flow requirements and limited by investments in securities with an active secondary
market.
C. Yield
The City's investment portfolio shall be designed with the objective of attaining a rate
of return which is consistent with risk limitations and cash flow characteristics of the
City's investments.
. V. Delegation of Authority
Authority to manage the City's investment program is derived from the City Charter(article
VII, section 1-2). The Charter designates the City Manager as Director of Finance who
shall have custody of all public funds, investments, bonds and notes of the City and be
responsible for their safekeeping. The City Manager shall establish written procedures for
the operation of the investment program consistent with this investment policy which
include explicit delegation of authority to persons responsible for investment transactions.
The City Manager shall be responsible for all transactions undertaken and shall establish a
system of controls to regulate the activities of subordinate officials.
Each"investment official"shall be approved by resolution of City Council to invest the City
of Beaumont's funds. As shown in exhibit"A", the City Manager,the Finance Officer and
the City Treasurer are currently approved as investment officials of the City of Beaumont.
Such approval of specific persons shall remain in effect until rescinded by the City Council
or until termination of the person's employment by the City of Beaumont. Investment
officials shall not deposit, withdraw, transfer or manage the funds of the City of Beaumont
in a manner that is not consistent with the"prudent person"standard as described in section
III of this policy. (Section 2255.005 (f)-(h), Government Code)
•
2
City of Beaumont- Investment Policy
• VI. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment decisions.
Investment officials shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City of Beaumont as
described in Section 2256.005 (i)(1-3)of the Government Code. They shall also disclose
any specific individuals who seek to sell investments to the City and are related to the
employee within the second degree by affinity or consanguinity, as determined under
Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City
Council of the City of Beaumont. An ethics statement signed by each investment official
is attached as exhibit`B".
VII. Training
Each investment official of the City of Beaumont shall attend as least ten(10) hours of
training relating to investment responsibilities within 12 months after assuming such duties
and shall continue to attend an investment training session not less than once every two
years thereafter consisting of at least ten (10) hours of instruction. Training shall be in
accordance with the Public Funds Investment Act and include education in investment
• controls, security risks, strategy risks, market risks, and compliance with state statutes
governing the investment of public funds. All training shall be conducted by an
independent source which has been approved by City Council. (Section 2256.008,
Government Code) The Government Treasurers Organization of Texas, the Government
Finance Officers Association of Texas, the Texas Municipal League and the University of
North Texas are hereby approved as"independent sources"who may provide such training
to investment officials.
VIII. Selection of Financial Dealers, Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions included on the
City's list of broker/dealers, financial institutions and investment pools as approved by the
City Council. An "approved list", as shown in exhibit "C", shall be maintained by
investment officials at all times and reviewed by the City Council on an annual basis.
(Section 2256.025, Government Code)
•
3
City of Beaumont-Investment Policy
• Any business organization which seeks to execute investment transactions with the City of
Beaumont shall provide a written instrument certifying that they have received and
thoroughly reviewed the City's investment policy and have implemented reasonable
procedures and controls in a effort to preclude investment transactions that are not
authorized by this policy. The certification, as shown in exhibit"D", must be signed by a
qualified representative of the business organization. Investment officials shall not buy any
securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1),
Government Code)
A. Broker/Dealers
The City shall select broker/dealers by creditworthiness and may include "Primary
Government Securities Dealers"or regional dealers that qualify under Securities and
Exchange Commission(SEC)Rule 15C3-I(uniform net capital rule). Broker/dealers
selected must be members in good standing of the National Association of Securities
Dealers,Inc.(NASD)and be licensed by the State of Texas. The minimum net capital
requirement is$ 5,000,000 and the business must have been in operation for at least
five years. Firms who desire to become approved bidders for investment transactions
must supply the City with audited financial statements,a trading agreement and other
information regarding their capabilities, experience, general reputation, size and
capitalization. Each firm will be reviewed by investment officials and a
recommendation made for approval by City Council.
B. Public Depositories
The City Council shall select a primary depository every three years. The primary
depository as authorized by the City Council shall meet all requirements of the state
law concerning depositories for municipal funds. (Chapter 105, Government Code)
The institution offering the most favorable terms and conditions for the handling of
City funds shall be selected as the depository.
The City Council may also establish agreements with financial institutions under
separate contract for additional services which are necessary in the administration,
collection,investment,and transfer ofmunicipal funds.(Section 1 05.018,Government
Code) Financial institutions who desire to become approved bidders for investment
transactions shall submit information similar to that of a broker/dealer as described
above (section VIII-A). No deposit shall be made except in a qualified public
depository as established by State Law. The City of Beaumont shall not place
deposits or investments with Saving and Loan Associations or Credit Unions.
•
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City of Beaumont- Investment Policy
• C. Investment Pools
Investment officials may invest funds of the City of Beaumont through an eligible
investment pool with specific approval by resolution of City Council and execution
of a written agreement. To become eligible, investment pools must first meet all
requirements of State Law.They shall provide the City with an offering circular which
contains specific and detailed information and provide detailed monthly transaction
and performance reports. Pools shall have advisory boards composed of qualified
members representing participants and non-participants who do not have a business
relationship with the pool. (Section 2256.016-2256.019,Government Code)Before
selection, pools shall be thoroughly reviewed and evaluated by investment officials.
Annually, a review of the financial condition and registrations of approved bidders will be
conducted by investment officials. A current audited financial statement is required to be
on file for each financial institution, broker/dealer or investment pool in which the City of
Beaumont invests.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in the
Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government
Code) Suitable investments for the City of Beaumont are limited to the following:
• ♦ Direct Obligations ofthe United States or its ag encie s and instrumentalities which are
non-callable and have a maximum stated maturity date of 5 years or less. FtICICI&I
'.� hfch ili; no, !t(" the � �:�71jol 1, � �Tl+\CM'E,Rllf_'lll 4ittt<if1Z�l ,11(i`>T i'It
t!a �dli?;gY�l�, itll .. it.' it 5; 1 32i?E \A A- +7! tl i�rlF „till ` tai r �ti(
t913 �' llt�s
♦ Certificates of deposit issued by approved depository banks as described above
(section VIII-B)which have a maximum stated maturity date of 5 years or less and
are insured by the Federal Deposit Insurance Corporation, or their successors; or
secured by obligations that are described in Section 2256.009(a)of the Government
Code.
♦ Fully collateralized direct repurchase agreements with a defined termination date of
90 days or less which are secured by obligations of the United States or its agencies
and instrumentalities and pledged with a third party other than an agent for the
pledgor. Investment officials may invest in repurchase agreements through an
approved primary government securities dealer or an approved depository bank as
described above(section VIII-A,B). Each issuer of repurchase agreements shall be
required to sign a master repurchase agreement.
•
5
City of Beaumont-Investment Policy
•
♦ No load money market mutual fiends registered with and regulated by the Securities
and Exchange Commission with a dollar weighted average stated maturity of 90 days
or less whose assets consist exclusively of direct obligations ofthe United States and
whose investment objectives include the maintenance of a stable net asset value of$1
per share. Money market mutual funds must provide the City with a prospectus and
other information required by the Securities and Exchange Act of 1934 (Section
2256.014 (a), Government Code) and be specifically approved by City Council or
purchased through the City's primary depository as an overnight investment tool.
♦ Approved investment pools as described above (section VIII-C) which are
continuously rated no lower than AAA,AAA-m or an equivalent rating by at least one
nationally recognized rating agency .
'Ad b.- f:l xn 1t' th1 c l Jwl,111,Lnade� j
iCl.f�e S�?t' r{t#tl10t:C� r;ttttil.lit`d1t 4�l�€1}i._
X. Marking to Market
All securities and certificates of deposit will be purchased or sold after at least two (2)
. offers or bids are taken to verify that the City is receiving a fair market value or price for
the investment.
The market value shall continue to be monitored at least quarterly through on-line
investment software to which the City subscribes, the Wall Street Journal or some other
recognized market pricing source. The City of Beaumont shall not obtain market pricing
from business organizations who may engage in investment transactions with the City.
XI. Collateralization
Collateralization will be required on all deposits, certificates of deposit and repurchase
agreements. The collateralization level shall be equal to at least one hundred two percent
(102%) of the aggregate market value of the deposit or investment including accrued
interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence
of the pledged collateral shall be documented by a tri-party custodial or a master repurchase
agreement with the collateral pledged clearly listed in the agreement. Collateral shall be
reviewed monthly to assure that the market value of the securities pledged equals or
exceeds the related deposit or investment balance.
Collateral requirements shall be in accordance with both the Public Funds Investment Act
and the Public Funds Collateral Act(Chapter 2256 and 2257, Government Code).
Collateral underlying repurchase agreements is limited to direct obligations of the United
• States or its agencies and instrumentalities. The City of Beaumont shall accept a surety
bond or the following investment securities as collateral on deposits and certificates of
6
City of Beaumont-Investment Policy
deposit:
♦ Direct obligations of the United States or its agencies and instrumentalities.
♦ Direct obligations of this state or its agencies and instrumentalities.
♦ Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed securities
considered a high-risk mortgage security as described by Section 2257.0025 of the
Government Code as well as those of the nature described by section 2256.009 (b)
of the Government Code.
♦ Other obligations which are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
♦ Obligations of states, agencies, counties, cities and other political subdivisions rated
not less than A or its equivalent.
♦ Letters of credit issued by the United States or its agencies and instrumentalities.
XII. Safekeeping and Custody
• Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank
or at an institution not affiliated with a firm pledging collateral. All safekeeping
arrangements shall be in accordance with a tri-party custodial agreement which clearly
defines the responsibilities of each party and outlines the steps to be taken in order for the
City to gain access to the collateral in the event of a "failure". The custodial agreement
shall be executed between the City, the firm pledging the collateral and the custodial
institution. All safekeeping receipts shall be delivered to the City and all collateral(whether
a pledge or substitution) shall be formally accepted and released by City Council.
All security transactions,including collateral for repurchase agreements,entered into by the
City shall be conducted on a delivery-versus-payment(DVP)basis. That is,funds shall not
be wired or paid until verification has been made that the correct security was received by
the safekeeping institution. Pool funds and mutual funds are excluded from this
requirement. The security shall be held in the name of the City or on behalf of the City.
The City shall not purchase securities from the firm or banking institution designated as the
safekeeping institution.
X R Diversification
The City of Beaumont will diversify its investments to eliminate an over-concentration of
assets in any one security type or institution.
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7
City of Beaumont-Investment Policy
• ♦ Up to ninety percent(90%)par of the portfolio may be invested in direct obligations
of the United t 1 ie,,
pu )!,tht: p,1 tt Jw
mi')l 'hin" Pt"f t"cll[ 1 'o pal '.A lhie vlirttoho iiix bc m\ ith am .,tw
♦ o
�d 1
No more than fifty percent(50%)par of the portfolio may be invested in certificates
of deposit or repurchase agreements.
oiw hmidred p,!(—iv i par of the
portfolio may be invested in investment pools f'M Hqoidit\
h 11 T 11 o 111�1 he I e 1 110 1 O\
♦ No more than twenty five percent(25%)par ofthe portfolio may be invested with any
• one institution in certificates of deposit and/or repurchase agreements. Additionally,
these investments shall not exceed ten percent (10%) of the capitalization of the
financial institution.
XIV. Investment Strategies
The City of Beaumont shall maintain a separate investment strategy for each of the three
fund types represented in the portfolio. (Section 2256.005,(d), Government Code)
A. Pooled Fund Groups
Investment strategies for pooled fund groups containing operating funds have as their
primary objective to ensure that anticipated cash flows are matched with adequate
investment liquidity. Securities purchased shall not have a final stated maturity date
which exceeds two(2)years from the date of purchase without specific approval by
the City Council. The dollar weighted average maturity of the portfolio shall not
exceed 365 days as calculated using the stated final maturity dates of each security.
B. Debt Service Funds
Investment strategies for debt service funds shall have as their primary objective to
ensure that investments mature as necessary to cover the debt service obligation on
• the required payment date. The stated final maturity date on securities purchased
shall not exceed the debt service payment date unless excess funds are available. in
8
City of Beaumont-Investment Policy
• that case, maximum maturities shall not exceed two (2) years from the date of
purchase and the dollar weighted average maturity of the portfolio shall not exceed
365 days as is consistent with investment strategies for operating funds.
C. Debt Service Reserve Funds
Investment strategies for debt service reserve funds shall have as their primary
objective to seek the highest investment return with maximum security in order to
produce a dependable revenue stream to the appropriate fund. Securities shall be
invested in accordance with specific bond ordinances and shall not have a stated
maturity date which exceeds the final maturity date of the bonds. At no time shall
maximum maturities exceed five(5)years from the date of purchase.
XV. Internal Control
The City of Beaumont, in conjunction with its annual financial audit shall perform a
compliance audit of management controls on investments and adherence to the City's
investment policy. (Section 2256.005(m), Government Code)
XVL Performance Standards
• The City intends to pursue an active versus a passive portfolio management
philosophy. That is, securities may be sold before they mature if market conditions
present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate of
return throughout budgetary and economic cycles which is consistent with risk
limitations and cash flow needs of the City . Given this strategy, the basis used by
investment officials to determine whether market yields are being achieved shall be the
average return on 90 day U.S. Treasury Bills.
XVII. Reporting
Investment officials shall submit a monthly report to City Council summarizing the
results of the City's investment activity. This report shall include the status of the
current portfolio position, performance, trading activity, interest earnings and
collateral.
A quarterly report shall be submitted to the City Manager,as Chief Executive Officer,
and the City Council detailing investment transactions and performance for the
reporting period in accordance with state law.(Section 2256.023,Government Code)
The report shall be jointly prepared and signed by all investment officials. It shall
include a summary statement prepared in compliance with generally accepted
accounting principles for each fund type and a detailed listing that states the beginning
market value, changes to the market value, ending market value and fully accrued
9
r
A
City of Beaumont-Investment Policy
• interest for the period. In addition, investment officials shall report on adherence to
the City's investment strategies as expressed in this policy.
The quarterly reports shall be formally reviewed by the City's independent auditor on
an annual basis and the results of the review shall be reported to City Council.
(Section 2256.023, (d), Government Code)
XVIR Investment Policy Adoption
The City's investment policy is hereby adopted by resolution of the City Council on
September 26, 1995. The City Council shall review and approve any modifications
to the policy on an annual basis. This policy serves to satisfy the statutory
requirement to define and adopt a formal investment policy as set forth in Section
2256.005 of the Government Code.
•
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