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Home My WebLink AboutPACKET JUN 06 2006 �r 9""It City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 6,2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve an annual contract to purchase fire protective clothing • B) Approve the purchase of two (2)inflatable boats for the Police Department C) Approve an annual contract for grounds maintenance at Cattail Marsh D) Authorize the City Manager to designate an official for the execution of annual Certification and Assurances issued by the Federal Transit Administration(FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont E) Authorize the settlement of the lawsuit of Marshall Wiltz v The City of Beaumont F) Authorize the settlement of the claim of Rokeisha B. Powell G) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village Subdivision, Section Six and Section Nme H) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Pine Glen Fifth Addition, Subdivision • A cCity of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council consider an annual contract to purchase fire protective clothing. RECOMMENDATION Administration recommends the award of an annual contract to Fuego International,LLC of Manor, Texas, to furnish approximately forty(40) sets of fire protective clothing for$1,775.36 per set. BACKGROUND The fire protective clothing from Morning Pride Manufacturers is made of fire retardant materials to provide protection from burns and exposure to hazardous chemicals during fire fighting operations. The materials are also blood borne pathogen resistant. The Fire Department has wear tested several brands of protective clothing and has determined that the protective clothing manufactured by Morning Pride offers ease of movement and excellent protection for firefighters. Bids were solicited from five(5)authorized Morning Pride distributors. The estimated annual cost is based on the purchase of forty (40) sets of protective clothing. This estimated quantity may be increased or decreased depending on the needs of the Department.The following bids were received: Vendor Coat& Pants with Suspenders Estimated Annual Cost Fuego International , LLC $1,775.36/set $71,014.40 Manor, TX Fire Rescue Services $2,226.66/ set $89,066.40 Lawrence, KS Tupelo Fire Equipment $2,275.29 / set $91,011.60 Tupelo, MS Purchase of Fire Protective Clothing May 31, 2006 Page 2 During the previous twelve (12) months, fourteen (14) sets of Globe protective clothing with suspenders were purchased for$1,492 per set totaling $20,888. BUDGETARY IMPACT Funds are available in the Fire Department's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. RESOLUTION NO. WHEREAS, bids were received for an annual contract to purchase fire protective clothing for the Fire Department; and, WHEREAS, Fuego International, LLC, Manor,Texas, submitted a bid in the amount of$1,775.36 per set for an estimated annual cost of$71,014.40; and, WHEREAS, City Council is of the opinion that the bid submitted by Fuego International, LLC, Manor, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Fuego International, LLC, Manor,Texas for an annual contract to purchase fire protective clothing for the Fire Department in the amount of$1,775.36 per set for an estimated annual cost of$71,014.40 be accepted by the City of Beaumont PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - B Cit of Beaumont C-I!. Y � c Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 25, 2006 REQUESTED ACTION: Council approval to purchase two (2) inflatable boats for the Police Department. RECOMMENDATION Administration recommends the purchase of two (2) Zodiac inflatable boats from Triad Marine of Kemah in the amount of$50,194. BACKGROUND The boats specified in the bid will be used for tactical deployment of law enforcement personnel in marine environments. The boats are approximately sixteen feet in length, and will accommodate up to eight(8)persons, dependent upon usage and equipment on board. The boats are being purchased in conjunction with other tactical law enforcement equipment to facilitate port security under an initiative by the Department of Homeland Security. While the Beaumont Police Department will use the boats for port security and surveillance, the department will have discretion to deploy the boats in any marine application, whether a permanent body of water or within the city during a flood event. Four (4) bids were received as reflected in the attached bid tabulation. Triad Marine submitted the lowest two (2) bids with alternate motor options. Upon review of each of the motor specifications, Police Department personnel have selected the Yamaha motor offered in the second lowest bid. The purchase price will include a one (1) year full warranty on the boat and motor. Warranty service will be provided by Triad Marine. Delivery time is stated at 45-120 days, but will likely not exceed 75 days. Purchase of Two (2)Inflatable Boats May 25, 2006 Page 2 BUDGETARY IMPACT Funding for this expenditure will be provided by a grant obtained from the Department of Homeland Security. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. 0 0 0 BID TABULATION: PURCHASE OF TWO (2) INFLATABLE BOATS BID OPENING DATE: THURSDAY, MAY 11,2006 @ 2:00 PM BID NUMBER: RF0406-48 Vendor Triad Marine Triad Marine Southeast Marine & Rescue All County Industrial &Marine City/State Kemah, TX Kemah, TX Thomasville, NC National City, CA Fax Number 281.334.0041 281.334.0041 336.475.8218 619.474.1136 Unit Price 11 Ext. Price Unit Price Ext. Price Unit Price �xt. Price Unit Price Ext. Price Two (2) Inflatable Boats $17,502.00 1 $35,004.00 $17,502.VOE $35,004.00 $17,258.28 $34,516.56 $25,789.71 $51,579.42 Two (2)Aluminum Hard Decks $2,110.00 $4,220.00 $2,110.00 $4,220.00 $2,387.54 $4,775.08 included included Manufacturer& Model Bid Zodiac F470 Zodiac F470 N/A Zodiac FC470 Two(2) 50 HP Engines $5,430.0011 $10,860.00 $5,485.0011 $10,970.00 $5,636.0011 $11,272.00 $7,510.0011 $15,020.00 Manufacturer& Model Bid Mercury 50hp 4 stroke Yamaha F50 TLR w/tiller conversion IL Zodiac FC470/Yamaha Y50TRL Yamaha F50 TOTAL BID: $50,084.0011 $50,194,0011 $50,563.64 66,599.42 Delivery Time: 45 to 120 days 180 days 45 to 120 days �� 45 days �� RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) inflatable boats for the Police Department; and, WHEREAS,Triad Marine, Kemah,Texas,submitted a bid in the amount of$50,194; and, WHEREAS, City Council is of the opinion that the bid submitted by Triad Marine, Kemah, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Triad Marine, Kemah,Texas, for the purchase of two(2)Zodiac inflatable boats for the Police Department in the amount of $50,194 be accepted by the City of Beaumont PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - c City of Beaumont Council Agenda Item O TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council consider an annual contract for grounds maintenance at Cattail Marsh. RECOMMENDATION Administration recommends the award of an annual contract for grounds maintenance at Cattail Marsh to Evans Contractors of Winnie, Texas in the estimated amount of$32,800. BACKGROUND The constructed wetland known as Cattail Marsh is adjacent to Tyrrell Park. The forty(40)acres of turf area to be maintained under this contract consist of approximately twenty(20) acres of flat turf area and the sloped turf on either side of approximately fifteen (15) miles of levees. The contract requires that mowing and trimming occur in May, July, September, and November. Bids were solicited and a pre-bid tour of the wetlands was held to familiarize interested vendors with the scope of work and conditions of the area to be maintained. The following bids were received: Vendor Price per Mow Annual Cost of 4 Mows per Year Evans Contractors, Winnie, TX $8,200 $32,800 Winne Welding Works, Winnie, TX $10,200 $40,800 Sandra's Enterprises,Nederland, TX $30,450 $121,800 Contract for Grounds Maintenance- Cattail Marsh May 31, 2006 Page 2 BUDGETARY IMPACT Funds are available for this expenditure in the Water Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. RESOLUTION NO. WHEREAS, bids were received for an annual contract for grounds maintenance at Cattail Marsh; and, WHEREAS, Evans Contractors, Winnie, Texas, submitted a bid in the estimated amount of$32,800; and, WHEREAS, City Council is of the opinion that the bid submitted by Evans Contractors, Winnie, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Evans Contractors, Winnie, Texas, for an annual contract for grounds maintenance at Cattail Marsh in the amount of$32,800 be accepted by the City of Beaumont PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - D ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 24, 2006 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to designate an official for the execution of annual Certification and Assurances issued by the Federal Transit Administration (FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to appoint William J. Munson, General Manager of Beaumont Municipal Transit(BMT), as the designated official for the execution of annual Certification and Assurances issued by the Federal Transit Administration(FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont. BACKGROUND The General Manager of BMT, William J. Munson, was previously assigned the authority to use a Personal Identification Number (PIN) for the application and execution of annual Certification and Assurances and other documents the FTA requires before awarding a federal assistance grant or cooperative agreement. In addition to Mr. Munson, two (2) Finance Department employees are granted user access for fund transfer purposes only. As the City's official designee, Mr. Munson, is the only person assigned a PIN number and granted the authority to submit and amend FTA documents. This Designation of Signature Authority occurs every three (3) years with the current designation expiring this month. BUDGETARY IMPACT None. PREVIOUS ACTION None. 0 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, City Engineer and Transportation Manager. FTACertificationMunsonmpd May 24,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to appoint William J. Munson, General Manager of Beaumont Municipal Transit (BMT), as the designated official for the execution of annual Certification and Assurances issued by the Federal Transit Administration (FTA), submission of all FTA grant applications and the execution of all FTA grant awards on behalf of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - E City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrne E. Cooper, City Attorney MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 30, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Marshall Wiltz v The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit of Marshall Wiltz v The City of Beaumont in the amount of$7,500. BACKGROUND Council discussed this lawsuit in an Executive Session held on May 23, 2006. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the lawsuit of Marshall Wiltz v. The City of Beaumont was discussed in an Executive Session properly called and held Tuesday, May 23. 2006; and, WHEREAS, the Council desires to authorize the settlement of the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the lawsuit styled Marshall Wiltz v. The City of Beaumont for the sum of Seven-Thousand and Five-Hundred and No/100 ($7,500) Dollars payable to Marshall Wiltz and attorney, Terrence Holmes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - Cit y of Beaumont s 7LJ-17i Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 25, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Rokeisha B. Powell. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Rokeisha B.Powell in the amount of$3,500. BACKGROUND Council discussed this claim in an Executive Session held on May 23, 2006. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the claim of Rokeisha B. Powell has been discussed in an Executive Session properly called and held Tuesday, May 23, 2006; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Rokeisha B. Powell in the amount of Three-Thousand Five-Hundred ($3,500) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - G City of Beaumont Council Agenda Item � : . • 0 g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in West Chase Village Subdivision, Section Six and Section Nine. RECOMMENDATION Administration recommends approval of the following: 1. West Chase Village Section Six: • Deer Chase Drive from Deer Chase Drive existing end of concrete pavement approximately 244 linear feet east to and including the Cul de Sac. - 2. West Chase Village Section Nine: • Summer Wind Drive from proposed Whisper Wind Drive approximately 665 linear feet east to and including the Cul de Sac. • Whisper Wind Drive from Whisper Wind Drive existing end of roadway pavement approximately 595 linear feet north to proposed Village Drive. • Village Drive from Village Drive existing end of roadway pavement approximately 233 linear feet east to the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for West Chase Village Section Six for Lots 14-25, 28 and 29 Block 2; and West Chase Village Section Nine for Lots 1- 24, Block 12; Lots 11-16, Block 10; and Lots 4-6, Block 9. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on May 23, 2006. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. z 1 A Jest Chase BLUE eoNN�j r Y 'VtlCage. Z Section'Six UMIT �gON Rogers PLO MA HAU Park 3 3 GLADYS a 0 GR ENW wo U KW00 y z 9°a a CH RR WILDER MMOW STGATE Opk WESTGA o BURLINGTON WEDG W0003 z O q o w o Oaks Qy '� �p z as�. Country BLARNEY m A o D s y o O Mac NION 2 Club WEAVER y'o�c 4 'M O HENANDOAH SHILOH �FQ• VANGELI a Z COLLIER 3 SHIRE VICINITY MAP NTS WEST CHASE VILLAGE SECTION SIX SUBDIVISION Future Deve6Tment 0 VILLAGE DRIVE Q z estchase LL- N 1TiCCage BLUE Section Mtn 0 CITY LIMIT Rogers MARSHALL Par GLAD.YS GR ENWO LI KW00 W STGA VICINITY MAP N TS WEST CHASE VILLAGE SECTION NINE SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street and storm sewer improvements constructed in the West Chase Village Subdivision, Section Six and Section Nine, have been completed as follows: Street and Storm Sewer 1. West Chase Village Section Six: D Deer Chase Drive from Deer Chase Drive existing end of concrete pavement approximately 244 linear feet east to and including the Cul de Sac. 2. West Chase Village Section Nine: Summer Wind Drive from proposed Whisper Wind Drive approximately 665 linear feet east to and including the Cul de Sac. Whisper Wind Drive from Whisper Wind Drive existing end of roadway pavement approximately 595 linear feet north to proposed Village Drive. E Village Drive from Village Drive existing end of roadway pavement approximately 233 linear feet east to the 3-OM-4P end of roadway markers. and, Water and Sanitary Improvements 1. West Chase Village Section Six 0 Lots 14-25, 28 and 29 Block 2 2. West Chase Village Section Nine 0 Lots 1-24, Block 12 0 Lots 11-16, Block 10 D Lots 4-6, Block 9. WHEREAS,the developers of said street desire to have these improvements accepted and maintained by Y the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street and storm sewer improvements in the West Chase Village Subdivision, Section Six and Section Nine, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - H • City of Beaumont •�• Council Agenda Item A O g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Pine Glen Fifth Addition, Subdivision. RECOMMENDATION Administration recommends approval of the following: • Nicole Lane from Tolivar Road approximately 1038 linear feet to proposed Sheila Lane. • Sheila Lane from the existing Sheila Lane end of roadway pavement approximately 376 linear feet west to-the 3-OM-4P end of roadway markers. Also, recommended for approval are the water and sanitary improvements for Lots 1-34, Block 1 and Lots 1-5, Block 3. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on May 24, 2006. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. N � Nmvwn3N 'C�3NJI� FORREST JVAH3142 CUNT BRETT r PROJECT EMILY JACKI E LOCATION ,IACM LORI s n N h Future. Devecoyment VICINITY MAP NTS . HSL3N VICINITY MAP N TS PINE GLEN FIFTH ADDITION SUBDIVISION RESOLUTION NO. WHEREAS, construction of the street and storm sewer improvements constructed in the Pine Glen Fifth Addition, Subdivision, have been completed as follows: Street and Storm Sewer D Nicole Lane from Tolivar Road approximately 1038 linear feet to proposed Sheila Lane. Sheila Lane from the existing Sheila Lane end of roadway pavement approximately 376 linear feet west to the 3-OM-4P end of roadway markers. Water and Sanitary Improvements [E] Lots 1-34, Block 1 0 Lots 1-5, Block 3. WHEREAS, the developers of said street desire to have these improvements accepted and maintained by the City; and, WHEREAS, the director of the Public Works and Engineering Department have determined that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the above-referenced street and storm sewer improvements in the Pine Glen Fifth Addition, Subdivision, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final lat complete with filings of dedication of all rights-of-way and easements required P P on the preliminary and final plats and installation of the streetlights. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - �� I!fit City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 6, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 2-8/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider a request for a zone change from GC-MD General Commercial-Multiple ( Family Dwelling)District to C-M(Commercial-Manufacturing)District at 2208- 2212 W. Cardinal Drive 2. Consider approving a request from the Recovery Coalition of Southeast Texas, L.L.C. to provide lobbying assistance at the federal and state level through the Bracewell& Giuliani Law Firm and the Ben Barnes Group 3. Consider approving a resolution of a contract for the Tyrrell Park and Downs Road Reconstruction Project 4. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Cartwright/Corley Relief Project 5. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Griffing Ditch 1002 Project 6. Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6)for the Ditch 117 Detention • Pond and Channel Improvements Project 7. Consider approving a purchase of one generator powered ambulance module through the Houston Galveston Area Council (H-GAC)to be used in EMS Division COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Dan Dale Kelly vs. Officer Scott Lisenby, et al 8. Consider approving a resolution authorizing the settlement of the claim of Dan Dale Kelly vs. Officer Scott Lisenby, et al Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 June 6, 2006 Consider a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to C-M(Commercial-Manufacturing)District at 2208-2212 W. Cardinal Drive City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council consider a request for a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to C-M(Commercial- Manufacturing)District at 2208-2212 W. Cardinal Drive. RECOMMENDATION The Administration recommends approval of a zone change from GC-MD (General Commercial- Multiple Family Dwelling)District to C-M(Commercial-Manufacturing)District at 2208-2212 W. Cardinal Drive. BACKGROUND Ed Edson III is requesting a zone change from GC-MD (General Commercial-Multiple Family Dwelling)District to C-M (Commercial-Manufacturing)District for the property located at 2208- 2212 W. Cardinal Drive. A portion of the 8.2 acres of land is currently occupied by four buildings with the remainder being vacant. The buildings are rented to a variety of commercial/industrial type businesses. In 1989,a specific use was approved for the subject property permitting the warehousing, processing and bailing of non-ferrous scrap metal for off-site recycling. Phelan Investments is negotiating the purchase ofthe property. It is that company's desire to develop the remaining vacant property and to market the development to transport companies, contractors,1 wholesalers and others. The current zoning does not allow those types of businesses without a specific use permit. The zone change would allow Phelan Investments more flexibility as to the type of firms it leases to. In 1992, a six acre tract of land at 2070 W. Cardinal Dr. was rezoned to C-M. The Comprehensive Plan designates this property as an Activity Corridor. The types of uses typical of an activity corridor include highway commercial and open display retailing,wholesale distributing and warehousing operations, restricted light industry,business offices,hotels and motels and higher density residential development. The West Oakland/Pear Orchard Plan designates this property for industrial/warehousing uses. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held May 15, 2006,the Planning Commission voted 7:2 to approve a zone change from GC-MD(General Commercial-Multiple Family Dwelling)District to C-M(Commercial- Manufacturing)District at 2208-2212 W. Cardinal Drive. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. April 21, 2006 City of Beaumont Planning Division, Room 205 801 Main Street Beaumont, Texas 77701 ' To Whom It May Concern: Thank you for your time and consideration! The Reason for this zoning request is to better provide for The Economic Growth and Development inuring to the City of Beaumont and increase the Economic Potential and Benefits to this Specific Area. The Request for Zoning Change is commensurate with the evolving nature of Our City's Growth, Prosperity and Future Potential. As a Board Member of a Dozen Years and Past President of The Beaumont Board of Realtors and as a Past Director and.Vice President of The Texas Association of Realtors; it has always been apparent to.me that Economic Growth of a Community necessitates that Zoning be such that Organized Controlled Zoning continue to "keep pace" with The Economic.Needs and Opportuiaities of subject areas. To not "Keep Pace" with such stifles Development and Frustrates Growth, thereby denying a Community of Tax Revenues and "Wellbeing." As Development in our area continues, a broadening of our Tax Base Revenues increases and thereby can be supported by more entities and rendering a decrease of The Load on others existing and replacing some areas that have decreased. Our Economic Area is (or should be) constantly'Shifting and Growing. Proper Zoning is integral. It seems that this Particular Area, having not been applied for "up grading" for a third of a century-(or more) and with the current increase in development and demand, I would request and suggest that we join together in this effort to best provide for the citizenry of Our Fine City. My hope is that this is viewed positively and assists "All Of Us"! Respectfully Submitted, . Ed Edson III � � � � : � � � �� it • � • � �� • � � ' s , Avow a, ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT TO C-M(COMMERCIAL-MANUFACTURING)DISTRICT FOR PROPERTY LOCATED AT 2208 - 2212 W. CARDINAL DRIVE, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as GC-MD (General Commercial-Multiple Family Dwelling)District to C-M(Commercial-Manufacturing)District for property located at 2208- 2212 W. Cardinal Drive, being Lots 3-6, Block 12, Annie T. Warren Addition, City of Beaumont, Jefferson County, Texas, containing 8.24 acres, more or less, as described on Exhibit "A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - 2 June 6, 2006 Consider approving a request from the Recovery Coalition of Southeast Texas, L.L.C. to provide lobbying assistance at the federal and state level through the Bracewell & Giuliani Law Firm and the Ben Barnes Group City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: June 6, 2006 AGENDA MEMO DATE: June 2, 2006 REQUESTED ACTION: Council consider approving a request from the Recovery Coalition of Southeast Texas, L.L.C. in the amount of $50,000 to provide lobbying assistance at the federal and state level through the Bracewell & Giuliani Law Firm and the Ben Barnes Group BACKGROUND A letter from Mark Viator, Chairman of the Recovery Coalition of Southeast Texas, L.L.C. is attached for your review. The request is for the City of Beaumont to join other cities, counties and perhaps private industries in Southeast Texas to retain lobbying assistance at the federal and state level through the Bracewell& Giuliani Law Firm and the Ben Barnes Group. Regina Rogers initially assisted in the hiring of the Firms and paid for their services through January 2006 for Hurricane Rita recovery efforts. The letter states that the Recovery Coalition of Southeast Texas,L.L.C. is looking to raise enough funds to keep the above Firms engaged through September 2006 and to continue to reassess the need for consultant services through 2007. However, the request is for the City of Beaumont to make a one-time payment of$50,000 for 2006. The letter indicates what other entities have contributed, however it is unclear whether the City of Beaumont will be requested to provide additional funding for 2007. The Coalition is trying to retain the Firms for$40,000 per month BUDGETARY IMPACT Funds were not budgeted for this purpose in the FY 2006 Budget. RECOMMENDATION The City of Beaumont is currently well represented in Washington, D.C. by Carolyn C. Chaney& Associates. More specifics, in my opinion, are needed from the Recovery Coalition of Southeast Texas,L.L.C. as to how the City of Beaumont will benefit from hiring additional lobbyists and what the scope of work entails. Another major concern is the possibility of the City of Beaumont funding $50,000,or any amount,and there being no other funding forthcoming from other parties in the near future thus leaving nothing to show for the City's contribution. s ' F W Board May 19, 2006 Joe Domino President Mr. Kyle Hayes EnterU Texas PO Box 3827 Beaumont, TX 77611-0846 Judge Joe Flok Jasper County Comminssioner Dear Mr. Hayes Bobby Franklin Hardin County The Recovery Coalition of Southeast Texas is requesting your financial commitment ($0.43 per capita)to compensate Bracewell & Giuliani, LLP and the Ben Barnes Group Shaun Oubre for their tireless effort on behalf of the hurricane recovery cause for Southeast and Deep City Manager East Texas. Orange,TX James E Rich We have made substantial progress to date by securing for Jefferson, Orange and Hardin President Counties, $39 million in Community Development Block Grant(CDBG) and $21 million Greater in Health and Human Services funds just to mention two of our wins. Our consultants Beaumont have provided us the federal expertise, history, and relationships necessary to not just Chamber of request help but develop and implement a federal and state strategy to know exactly what Commerce to request, from whom, how, and in the precise location in authorization and Verna appropriations legislation. This strategy and working with the Texas Congressional Rutherford Delegation, the Governor, and Senators Hutchison and Cornyn,has not only produced the President above mentioned federal funds but has also secured and additional $1 billion in CDBG Greater Port funds and increased FEMA's public assistance reimbursement level for our region from Arthur Chamber 75% federal/25% local to 90% federal/10% local Senate version of the Hurricane/War of Commerce Supplemental Appropriations bill. Our 90/10 language alone would deliver over$200 million to Southeast Texas and will save some of our communities from bankruptcy. For Mark E Vudor your review, attached is a list of accomplishments on behalf of our hurricane recovery Chairman Recovery effort. These victories were accomplished through our consultants and our drive to Coalition of coordinate with local, state and federal delegations. It is imperative to Southeast Texas, Southeast Texas our families, and our futures that we finish the job. LLC. As a response to questions for more specific details regarding the management and oversight of our coalition, and for an appropriate entity to accept funds to pay for professional services on behalf of the entire region, the Recovery Coalition of Southeast Texas, L.L.C. was created. The organization has filed with the Office of the Secretary of State and is recognized by the Internal Revenue Service under tax identification number EIN 20-4539189. Our address is PO Box 3150, Beaumont, Texas 77704. The sole purpose of the Recovery Coalition of Southeast Texas LLC is to accept funds to pay for professional services and maintain advocacy on behalf of our region. The need to leverage and coordinate our efforts in Austin and Washington will be managed by the larger coalition of elected officials and business leaders throughout the Deep East and Southeast Texas. Senators Hutchison and Comyn and Congressmen Brady and Poe have encouraged our coalition to stick together, coordinate, and speak with one voice. Governor Perry and his staff have offered similar words of advice. We know you agree that recovery from Hurricane Rita requires regional coordination like no time in our history. We have significant potential for economic development provided we continue progress with our housing, workforce development, small business recovery, and critical infrastructure needs. Our consultant effort was initiated and funded by the leadership and generous donation of $90,000 by Regina Rogers. We have received funds totaling$25,000 from the City of Port Arthur; $25,000 from the Jefferson County Navigation District; and$10,000 from the City of Vidor to name a few early commitments. We also have received$5,000 from the Greater Beaumont Chamber of Commerce and$2,500 from the Greater Port Arthur Chamber of Commerce and Water District 10. The expenses for this regional investment are estimated at $40,000 per month. We must raise $280,000 to compensate for services rendered, services needed to complete this federal appropriations cycle in Washington, and services to complete our work in Austin to deliver this critical funding and economic stimulation to our communities and our people. This request to municipalities, county governments, and other governmental and business organizations is to maintain our effort through September 2006. Because the federal fiscal year 2007 is unlikely to be complete at that time,we will reassess our progress, determine our consultant services needs, and move forward with the regional effort we will need to progress Southeast Texas. This financial commitment is a nominal investment($0.43 per capita)that has already delivered a substantial return on our investment—over$1250 returned for each$1 invested. Your contribution will continue to assist the communities,businesses, and residents of Southeast Texas who were so impacted by Hurricane Rita. The Recovery Coalition of Southeast Texas LLC is honored to work with and serve the region to ensure that Hurricane Rita is not the "Forgotten Storm."We encourage you to discuss this matter with coalition leaders such as Mayor Guy Goodson, Walter Diggles, Jim Rich, or Verna Rutherford who chair subcommittees for the recovery effort. We have a very short time frame to raise these funds, and we cannot afford to let our advocacy slip. Thus your earliest possible contribution is appreciated. We are also available to appear in person before your governing group for further details and questions. Please contact Mark Viator at 409-350-3998 or Jim Rich at 409-338-9358 to schedule a meeting. Finally,we request the name and contact information of your designee for our regular briefings and updates. We very much appreciate your consideration. Together we can do more! Sincerely, - Mark Viator Chairman Recovery Coalition of Southeast Texas LLC, State of Texas and Texas Congressional Delegation Accomplishments On Behalf Of Texas Hurricane Recovery ➢ HB 4440 GO Zone Tax Bill — IRS Publication 4492 (Assist SE Texans impacted by Hurricane Rita) ➢ $74.5 million in Community Development Block Grant funds, which are administered by HUD. ($39 million designated to Jefferson, Orange and Hardin Counties) ➢ $88 million in Social Services Block Grant funds, which are administered by The Department of Health and Human Services. ➢ $31 million from the Corps of Engineers to begin repair of the Sabine-Neches waterway and jetties. ➢ $7.6 million for the causeway bridge that connects Jefferson County to Cameron Parish, La. ➢ $50 million in school restart funds for Hurricane Rita. ➢ $712,500 of$25 million available from the USDA for aquaculture shrimp producers affected by the 2005 hurricanes. Texas has requested $170 million for agriculture, forestry and rural disaster aid. More funding decisions in this area are forthcoming. State officials have been promised another $32 million in emergency forestry conservation funds, $14 million in emergency watershed protection funds and $17 million in emergency conservation funds. ➢ Texas has been approved for$2.7 billion in FEMA reimbursements for recovery costs in the Individual Assistance and Public Assistance programs, including debris removal reimbursement. ➢ Texas has been approved for $180 million in Small Business Administration funding for low-interest loans to small businesses and individuals affected by Hurricane Rita, and SBA has disbursed $20.7 of that amount. ➢ $142 million from the Health and Human Services Centers for Medicare and Medicaid Services for costs of caring for Hurricane Katrina evacuees. However, the state only can use about $45 million to $50 million of this because it is limited to care provided prior to Jan.31. ➢ $35 million in school impact aid for Hurricane Katrina. ➢ $20 million from the Department of Justice to address public safety in Houston area. Current and Future Federal Priorities For Texas Hurricane Recovery Current Priorities for the 4t' Supplemental Appropriations: 1. Community Block Development Grant Money (CDBG) ➢ To defend the additional $1 Billion CDBG funds we secured in the Senate in addition to the $4.2 Billion in CDBG funds we secured in the House for Hurricane Recovery ➢ Persuade HUD to provide $600 Million of the above mentioned additional $1 Billion in CDBG money for Texas' Hurricane Rita housing and infrastructure needs ➢ Ensure that CDBG funds granted to Texas go to our affected areas 2. Defend our Senate 90110 FEMA Reimbursement Increase in Conference ➢ $200 Million worth of reimbursement cost to Southeast and Deep East Texas' 22 counties 3. Education for Katrina Evacuees ➢ Defend the $650 million for Katrina evacuee education for Texas Federal Fiscal Year 2008 Priorities: ➢ Housing Needs ➢ $45 Million in Tax Credits for housing development through appropriate moving legislation ➢ Accelerated depreciation for housing ➢ Sabine-Neches Waterway Navigation Needs ➢ $10 Million for dredging for the Lower Neches ship channel ➢ $180 Million for Jetty Reconstruction RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT funding in the amount of $50,000 to retain lobbying assistance at the federal and state levels through the Bracewell & Giuliani Law Firm and the Ben Barnes Group as requested by the Recovery Coalition of Southeast Texas, L.L.C. is hereby approved. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - ! 3 June 6, 2006 Consider approving a resolution of a contract for the Tyrrell Park and Downs Road Reconstruction Project City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Thomas A. Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 30, 2006 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the Tyrrell Park and Downs Road Reconstruction Project to L.D. Construction in the amount of$1,874,740.10. RECOAUdENDATION Administration recommends Council approve a resolution awarding a contract to L.D. Construction in the amount of$1,874,740.10 for the Tyrrell Park and Downs Road Reconstruction Project. BACKGROUND On May 25, 2006, the City of Beaumont received three (3) bids for the Tyrrell Park and Downs Road Reconstruction Project. The lowest bid was submitted by L.D. Construction in the amount of$1,874,740.10. The list below identifies the total bid received from each contractor: Contractor Bid L.D. Construction of Beaumont $ 1,874,740.10 APAC-TEXAS, Inc. of Beaumont $ 1,912,611.25 Simco Enterprises, Ltd. of Groves $ 2,161,839.90 The Engineering estimate for the project was$2,167,170. The bid tabulation sheet is attached for additional information. The recommended low bidder is certified as a Minority Business Enterprise. BUDGETARY IMPACT Funds are available in the Water Fund and Capital Improvement Program. PREVIOUS ACTION None. SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Public Works Director. TyrrelUPark.wpd May 30,2006 CITY OF BEAUMONT BID TAB TYRRELL PARK AND DOWNS ROAD RECONSTRUCTION PROJECT PAGE 1 OF 1 SIMCO LD CONSTRUCTION APAC-TEXAS,INC. ENTERPRISES,LTD. Item Item Unit Estimated Unit Total Unit Total Unit Total No. Code Alt Descri tion Measure Quantity Price Price Price DOWNS ROAD RECONSTRUCTION 132 001 EMBK FLEX BASE TYPE A GR1 CL-2,DC DEL SHOULDERS TNS 574.00 $35.00 $20,090.00 $34.00 $19,516.00 $40.00 $22,960.00 204 001 SPRINKLING DUST CONTROL MG 450.00 $10.00 $4,500.00 $16.00 $7,200.00 $20.00 $9,000.00 247 001 4' ADDNL FLEX BASE TYPE A GR1 CL-2 DC DELIVERED TNS 2,543.00 $34.00 $86,462.00 $32.00 $81,376.00 $38.00 $96,634.00 251 001 REWORKING BASE MATERIALS SY 12 042.00 $1.80 $21,675.60 $1.25 $15,052.50 $2.10 $25,288.20 262 001 LIME TREATMENT FOR BASE COURSE ROAD MIX 6' SY 12,042.00 $2.00 $24,084.00 $1.50 $18,063.00 $2.10 $25,28820 264 001 LIME SLURRY,TY.A DRY WT. 6% TNS 180.00 $125.00 $22,500.00 $130.00 $23,400.00 $150.00 $27,000.00 310 001 ASPHALT MATERIAL(AE-P) GAL 2168.00 $2.00 $4,336.00 $3.00 $6,504.00 $2.50 $5,420.00 310 002 ASPHALT MATERIAL AC-10 GAL 60.00 $5.00 $300.00 $12.00 $720.00 $5.00 $300.00 340 001 HOT MIX ASPHALT E D ROADWA TNS 1,193.00 $75.00 $89,475.00 $75.00 $89,475.00 $79.00 $94.247.00 340 002 HOT MIX ASPHALT E D RD TRANSITIONS TNS 10.00 $86.00 $860.00 $200.00 $2&000.00 $80.00 $800.00 340 003 HOT MIX ASPHALT WYPE D DRIVEWAYS TNS 216.00 $110.00 $23,760.00 $115.00 $24,840.00 $125.00 $27,000.00 479 001 ADJUST MANHOLE EA 1.00 $100.00 $100.00 $400.00 $400.00 $100.00 $100.00 479 002 1 ADJUST GATE VALVE BOX EA 1.00 $100.00 $100.00 $400.00 $400.00 $100.00 $100.00 500 001 1 MOBILIZATION LS 1.00 $20,000.00 $20,000.00 $44,500.00 $44,500.00 $63,000.00 $63,000.00 5007 001 HAY BALES EA 50.00 $5.00 $250.00 $15.50 $775.00 $5.00 $250.00 5009 001 SILT FENCE LF 2,750.00 $3.00 $8,250.00 $1.25 $3,437.50 $3.00 $8,250.00 SUB TOTAL ;326,742.60 $337,659.00 $405,637.40 TYRRELL PARK ROAD RECONSTRUCTION 100 001 PREP ROW STA 120 $200.00 $24,000.00 $510.00 $61,200.00 $150.00 $18,000.00 204 001 SPRINKLING DUST CONTROL MG 550.00 $10.00 $5,500.00 $15.00 $8,250.00 $25.00 $13,750.00 310 002 ASPHALT MATERIAL AC-10 GAL 150.00 $10.00 $1,500.00 $8.00 $1,200.00 $10.00 $1,500.00 340 001 1 HOT MIX ASPHALT UWE D RD TRANSITIONS TNS 46bo $88.00 $3,960.00 $169.00 $7,605.00 $125.00 $5,625.00 340 003 HOT MIX ASPHALT E D DRIVEWAYS TNS 448.00 $110.00 $49,280.00 $114.00 $51,072.00 $125.00 $56,000.00 351 001 REPAIRING EXIST FLEX PVMT STRUCT FLEX BASE 12' SY 1,200.00 $40.001 $48,000.00 $30.00 $36,000.00 $25.00 $30,000.00 354 001 PLANING PAVEMENT 1-1/2'-6" SY 32,605.00 $3.50 $114,117.50 $5.25 $171,176.25 $3.50 $114,117.50 360 001 CONCRETE PAVEMENT JOINT REINF CL A)(6-) SY 33,000.00 $33.50 $1,105,500.00 $31.00 $1,023,000.00 $39.00 $1,287,000.00 479 001 ADJUST MANHOLE EA 2.00 $100.00 $200.00 $400.00 $800.00 $100.00 $200.00 479 002 ADJUST GATE VALVE BOX EA 2.00 $50.00 $100.00 $400.00 $800.00 $100.00 $200.00 530 001 CONCRETE DRIVEWAYS 4'9CL A SY 60.00 $50.00 $3,000.00 $115.00 $6,900.00 $38.00 $2,280.00 500 001 MOBILIZATION LS 1.00 $100,000.00 $100,000.00 $98,000.00 $98,000.00 $85,000.00 $85,000.00 502 001 BARR.,SIGNS 3 TRAFFIC HANDLING MO 9.00 $4,000.00 $36,000.00 $10.00 $90.00 $5,000.00 $45,000.00 5007 001 HAY BALES EA 100.00 $5.00 $500.00 $15.00 $1'5w.00 $5.00 $500.00 5009 001 SILT FENCE LF 6,260.00 $1.00 $6,260.00 $1.15 $7,199.00 $2.50 $15,650.00 6007 001 RE-GRADE EXISTING DITCH LF 25,040.00 $2.00 $50,080.00 $4.00 $100160.00 $325 $81,380.00 SUB TOTAL $1,547,997.50 $1,574,95225 51,756,200 TOTAL COST $1,8741740.10 $1,912,611.25 $2,161,839.90 RESOLUTION NO. WHEREAS, bids were received for a contract for the Tyrrell Park and Downs Road Reconstruction Project; and, WHEREAS, L. D. Construction, Beaumont, Texas, submitted a bid in the amount of $1,874,740.10; and, WHEREAS, City Council is of the opinion that the bid submitted by L. D. Construction, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by L. D. Construction, Beaumont, Texas, for for a contract for the Tyrrell Park and Downs Road Reconstruction Project in the amount of$1,874,740.10 be accepted by the City of Beaumont PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - i 4 June 6, 2006 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project ...... City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 23, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project. BACKGROUND During the April 4, 2006, City Council Worksession, representatives from DD#6 provided City Council with an update on the District's current and proposed drainage projects. One of the proposed projects discussed was the Ditch 100-D2 or Cartwright/Corley Relief Project. This project includes the construction of several detention facilities near Eleventh Street and Cartwright and improvements to the underground drainage systems on Corley and Blanchette Streets. The DD#6 has requested City participation in the project. The District has requested the City to perform the following work: • Construct underground culverts, with inlets, in the Corley Street right-of-way from Fourth Street to the Santa Fe Railroad, • Construct underground culverts, with inlets, in the Blanchette Street right-of-way from Ninth Street to west of Eleventh Street, • Enlarge the culverts under Eleventh Street in the Cartwright Street right-of-way. • Enlarge the culvert under Corley Street at the intersection of Twelfth Street. The DD#6 will prepare the engineering plans and specifications for the project. The estimated cost to the City to perform the aforementioned work is $1.2 million. In exchange for the work to be performed by the City, the DD#6 has also agreed to convey a portion of property to the City for the Phelan Boulevard Widening Project in the vicinity of the Gulf Terrace Detention Basin. BUDGETARY IMPACT The estimated cost for the City's participation in the Cartwright/Corley Relief Project is $1.2 million and is included in the proposed Capital Improvement Program for Fiscal Year 2007. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer s DD#6CartwrightCorleyInterlocal.wpd May 23,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Cartwright/Corley Relief Project substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - INTERLOCAL AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § This Contract is made by and between the City of Beaumont, a home rule City of the State of Texas(hereinafter called"City"),and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called "District")under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code. The City and the District agree as follows: WITNESSETH The City and the District have agreed to construct regional detention ponds and underground drainage improvements on Ditch 100-D2 or the Cartwright/Corley Relief Project and have further agreed to share the cost of this project on the following basis: 1. The District will be responsible for preparation of engineering plans and specifications for this project. 2. The City will construct underground culverts, with inlets, in the Corley Street right-of-way from Fourth Street to the Santa Fe Railroad. 3. The City will construct underground culverts, with inlets, in the Blanchette Street right-of-way fro_m Ninth Street to west of Eleventh Street. 4. The City will enlarge the culverts under Eleventh Street in the Cartwright Street right-of-way. 5. The City will enlarge the culvert under Corley Street at the intersection of Twelfth Street. EXHIBIT "A" Interlocal Agreement Ditch 100-D2 Page 2 of 2 6. The District will deed to the City a portion of property required for the construction of the Phelan Boulevard Extension. 7. The estimated cost to the City for the Cartwright/Corley Relief Project is $1.2 million. Executed this day of , 2006. ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: THE CITY OF BEAUMONT By: By: Vice-President/Secretary President 5 June 6, 2006 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Crriffing Ditch 1002 Project • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6(DD#6)for the Griffing Ditch 1002 Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Griffing Ditch 1002 Project. BACKGROUND The DD#6 received federal funding for the Griffing Ditch 1002 Project. The project scope of work includes channel improvements and enlarging the drainage crossings at Walker Road, Tram Road, Griffing Road and Willis Lane. •DD#6 will be responsible for the engineering design, coordination, construction and management of the project construction. The City will be responsible for the purchase of box culverts for the road crossings, the relocation of City owned utilities and structures, and the resurfacing of the street at the aforementioned crossings. BUDGETARY IMPACT The estimated cost to the City is $350,000 of which approximately 65 percent is reimbursable from the District. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. Ditch1002InterlocalAgreementDD#5.wpd May 31,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Griffing Ditch 1002 Project substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement("the agreement") is entered into between the City of Beaumont, a municipal corporation of Jefferson County,Texas and State of Texas (hereinafter called"City'), and Jefferson County Drainage District No. 6, a special district of the State of Texas(hereinafter called"District") . Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et Seq. The City and the District agree as follows: WITNESSETH The City and the District have agreed to construct road crossing improvements in the location of Griffmg Ditch Ditch 1002 and have further agreed to share the cost of this project on the following basis: 1. District will be responsible for engineering, design, coordination,construction and managing the construction for this project. 2. The estimated cost of that portion of the project is set forth on Exhibit"A" attached hereto and incorporated herein by reference,namely on the crossings of Walker Road,Tram Road, Griffing Road, Griffmg Blvd. and Willis Lane. The City will be responsible for bidding, awarding of bids,purchase and furnishing boxes for each of the road crossings. The City will then bill the District for boxes. The District will incorporate this cost into the grant for reimbursement at an average percentage of total project not to exceed 64.8% of project cost. 3. The cost of relocation of city owned utility lines and structures, if any, will be borne by the City. 4. The City will be responsible for resurfacing each street crossing after construction of crossings are finished. EXHIBIT "A" Page-2- Interlocal Agreement Griffing Ditch 1002 Executed this day of 52006 ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: By: By: Vice-President/Secretary President Stormwater Management-Detention/Retention Basins Item Name Cost Unit Unit of Unit Cost Cost Classification quantity Measure (S) Estimate($) Sport Placement Structures,tructures,Right-of-way 13.50 Acre Property $4,000.00 $*54,000.00 Concrete Liner Construction And Project Square Improvement 124,450 DD I� Foot $3.00 $373,350.00 8'x 6'Box Culvert Construction And Project Linear Improvement. 222.00 Foot $330.00 $75,258.00 10'x 6'Box Culvert Construction And Project 174 00 Linear Improvement Foot $490.50 $85,347.00 10'x 7' Box Culvert Construction And Project 120 Linear Improvement Foot $ 1,275.00 $153,000.00 10'x 8'Box Culvert Construction And Project 21000 Linear Improvement Foot $543.00 $114,030.00 16'x 7'Box Culvert Constriction And Project 600 00 Linear Improvement Foot $1,275.00 $765,000.00 10'x 10`Box Culvert Construction And Project 255 00 Linear Improvement Foot $597.00 $ 152,235.00 Excavation and Cast Construction And Project . Improvement 84,431.00 Cubic Yard $1.60 $135,089.60 Total Cost $ 1,907,309.60 Total Project Cost Estimate: $ 1,907,309.60 Match Sources Activity Cost Estimate $ 1,907,309.60 Federal Share Percentage 64.8441134% Non-Federal Share Percentage 35,1558866% Dollars Percentage Proposed Federal Share $ 1,236,778.00 64.8441134% Proposed Non-Federal Share $ 670,531.60 35.1558866% 6 June 6, 2006 Consider authorizing the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6(DD#6) for the Ditch 117 Detention Pond and Channel Improvements Project p..... Cat of Beaumont Y li 1-.1*11 led?].ON M d*X.--3•� Council A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Ditch 117 Detention Pond and Channel Improvements Project. RECOMMENDATION Administration recommends Council authorize the City Manager to execute an Interlocal Agreement with Jefferson County Drainage District No. 6(DD#6)for the Ditch 117 Detention Pond and Channel Improvements Project. BACKGROUND The City received a Flood Mitigation Assistance (FMA) Grant from the Texas Water Development Board for this project. The scope of work for the project includes the construction of a detention pond on a portion of the old Wal Mart site adjacent to the U.S. 69, 96 and 287 Service Road and channel improvements to Ditch 117. DD#6 will be responsible for the engineering design, coordination, construction and management of the project construction. The City will be responsible for receipt of the grant funds and forwarding reimbursements, not to exceed 75 percent of the project costs, to the District and the relocation of City owned utilities. BUDGETARY IMPACT None. The 25 percent match for this grant is the responsibility of DD#6. PREVIOUS ACTION _ None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. Ditch117Interloca1AgreementDD#6.wpd May 31,2006 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an Interlocal Agreement with Jefferson County Drainage District No. 6 (DD#6) for the Ditch 117 Detention Pond and Channel Improvements Project substantially in the form attached hereto " as Exhibit "A. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - INTERLOCAL AGREEMENT THE STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement("the agreement")is entered into between the City of Beaumont, a municipal corporation of Jefferson County, Texas and State of Texas (hereinafter called"City"), and Jefferson County Drainage District No. 6, a special district of the State of Texas (hereinafter called"District"). Both entities are authorized to enter into interlocal agreements in accordance with Title 7 of the Government Code of the State of Texas (Vernon 1996) Section 791.001 et seq. The City and the District agree as follows: WITNESSETH The City and the District have agreed to construct a regional detention pond and channel improvements in the Sandelwood Addition area adjacent to District Ditch 117 and have further agreed to share the cost of this project on the following basis: 1. District will be responsible for engineering, design, coordination, construction and managing the construction for this project. 2. The estimated cost of that portion of the project is set forth on Exhibit"A' attached hereto and incorporated herein by reference. The City has received a FMA(Flood Mitigation Assistance) Grant for this project. The District will be responsible for all construction and will bill the City for all expenses associated with construction of project. The City will be responsible for collecting money from FEMA through TWDB (Texas Water Development Board) and forwarding to the District reimbursement for construction expenses at a percentage not to exceed 75%. The District agrees to pay the 25% local match percentage. EXHIBIT "A' 3. The cost of relocation of city owned utility lines and structures, if any,will be borne by the City. Page -2- Interlocal Agreement Detention D 117 Executed this day of 92006 ATTEST: THE CITY OF BEAUMONT By: By: City Clerk City Manager ATTEST: By: By: Vice-President/Secretary President Stormwater Management-DetentionlRetention Basins Item Name Cost Unit Unit of Unit Cost Cost Classification Quantity Measure ($) Estimate($) Spoil Placement Land Development 81,000.00 CubicYafd $1.00 $81.000.00 Excavation and Haul Land Development 81,000.00 Cubic Yard $5.00 $405,000.00 Haul Seeding Land Development 12.00 Acre $200.00 $2,400.00 Clearing Land Development 10.60 Acre $1,500.00 $15,900.00 Concrete Construction And Project 300.00 Square $28.00 $8,400.00 Improvement Yard Culvert with gate Construction And Project Irnproyement 1,100.00 Linear Foot $30.00 $33,000.00 Downspouts Construction And Project 500 Each $ 1,200.00 $6,000.00 Improvement Total Cost $551,700.00 Total Project Cost Estimate:$551,700.00 Match Sources Activity Cost Estimate $ 551,700.00 Federal Share Percentage 75% Non-Federal Share Percentage 25% Dollars Percentage Proposed Federal Share $ 413,775.00 75% Proposed Non-Federal Share $ 437,925.00 25% Matching Funds Source Agency Name of Funding Type Amount{$) Action Source Agency Local Agency Funding City's CIP Budget Cash $137,925.00 V.iew.Detah Grand Total $137,925.00 If you would like to make any comments,please enter them below. Please see the attached funds commitment letter. Attachments Funding Source Local Agency Funding Name of Funding Source City's CIP Budget Funding Type Cash Amount $ 137,925.00 Date of availability 07-01-2005 Funds commitment letter date 06-23-2005 Attachment(funds commitment letter) funds commit Di i7 pdf • 7 June 6, 2006 Consider approving a purchase of one generator powered ambulance module through the Houston Galveston Area Council (H-GAC)to be used in EMS Division • City of Beaumont Council Agenda Item M c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 30, 2006 REQUESTED ACTION: Council approval to purchase one ambulance module through the Houston- Galveston Area Council(H-GAC). RECOMMENDATION Administration recommends the purchase of a Frazer Type 1 generator powered module through H-GAC Cooperative Purchasing Program. The module will be ordered from Frazer,Ltd.of Houston at a total cost of $61,850. BACKGROUND The Frazer module will be mounted on a 2006 Ford F350 cab and chassis that was ordered through the State of Texas Cooperative Purchasing program. The Frazer module is consistent with the units that are currently in service in EMS. This unit will be an addition to the EMS fleet,increasing the number of front line units to six. The price from Frazer, Ltd. includes the installation of the new module on the cab and chassis. Since this is addition to the fleet,no unit will be replaced. Warranty service will be provided by Frazer, Ltd. in Houston. BUDGETARYIMPACT Funds for this expenditure are budgeted in the Capital Reserve Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Health Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase of one Frazer Type 1 generator powered ambulance module through the H-GAC Cooperative Purchasing Program at a total cost of$61,850. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - S June 6, 2006 Consider approving a resolution authorizing the settlement of the claim of Dan Dale Kelly vs. Officer Scott Lisenby, et al I il 7LJ-17i City of Beaumont Council Agenda Item MI-m-allimelamd -30L TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Judith S. Rawls, Assistant City Attorney MEETING DATE: June 6, 2006 AGENDA MEMO DATE: May 31, 2006 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Dan Dale Kelly vs. Officer Scott Lisenby, et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the claims brought in the lawsuit Dan Dale Kelly vs. Officer Scott Lisenby, et al in the amount of$5,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on May 23, 2006. BUDGETARYIMPACT There are sufficient funds in the General Liability Fund to pay the sums above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the lawsuit styled Civil Action No. 1:04cv0479, Dan Dale Kelly vs. Officer Scott Lisenby, In His Individual and Official Capacities, Sergeant Al Johnson, In His Individual and Official Capacities, Officer Frank Coffin, Officer S.K. Tolley, and Two Unknown Officers Of the Beaumont Police Department In Their Individual and Official Capacities and the City of Beaumont, Texas was discussed in an Executive Session properly called and held Tuesday, May 23, 2006; and, WHEREAS,the Council desires to authorize the settlement of the lawsuit styled Civil Action No. 1:04cv0479, Dan Dale Kelly vs. Officer Scott Lisenby, In His Individual and Official Capacities, Sergeant Al Johnson, In His Individual and Official Capacities, Officer Frank Coffin, Officer S.K. Tolley, and Two Unknown Officers Of the Beaumont Police Department In Their Individual and Official Capacities and the City of Beaumont, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and. he is hereby, authorized to settle in the amount of five thousand($5,000)Dollars in the lawsuit styled Civil Action No. 1:04cv0479, Dan Dale Kelly vs. Officer Scott Lisenby, In His Individual and Official Capacities, Sergeant Al Johnson, In His Individual and Official Capacities, Officer Frank Coffin, Officer S.K. Tolley, and Two Unknown Officers Of the Beaumont Police Department In Their Individual and Official Capacities and the City of Beaumont. Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of June, 2006. - Mayor Guy N. Goodson - City of Beaumont Small Business Loan Fund Status Report For Quarter Ended March 31,2006 The Small Business Revolving Loan Fund Report has been divided into two sections. A summary of the loan activity for the quarter ended March 31,2006 is presented first. This overview is followed by a detailed status report listing each loan in the portfolio in order of delinquency. Summary There were 53 customers with loans totaling$1.09 million at December 31,2005. During the quarter there was one loan that closed,along with other principal payments and adjustments totaling$43,472,leaving the total customers with loans outstanding at 54 with a balance due of$1.06 million at March 31,2006. Total receipts for March including principal and interest were$17,723 and total receipts forthe quarterwere$53,241. A breakdown of the loan portfolio is as follows: Number Principal Range of Loan of Loans Outstanding $22,500 or less 31 $ 339,400 $22,501 -$100,000 23 720,600 54 $1,060,000 Detailed Status Report This section reflects a detailed list of each loan in the portfolio and is grouped by age of account. Of the 53 loans outstanding, 21 are current, seven are between one and two months delinquent, four are between three and six months delinquent and 21 are significantly delinquent. A breakdown of the loans by age of account is as follows: Number Principal AAC a of Loan of Loans Outstanding Current 19 $ 463,000 1-2 months delinquent 10 181,000 3-6 months delinquent 2 31,000 Significant delinquencies 23 385,000 54 $1,060,000 Significant Delinquencies There are 23 loans which are significantly delinquent. At March 31, 2006 the principal balance outstanding of accounts in this category totaled$385,000. Eight loans are less than 12 months delinquent and 15 of the loans are 12 months or more delinquent. A breakdown of the collection status on these delinquent loans is as follows: Status of Number Principal Delinquency of Loans Outstanding Legal action requested 2 $ 9,000 Bankruptcies pending 5 113,000 Legal action pending 16 263,000 13 $ 385.000 City of Beaumont Small Business Loan Fund Status Report For Quarter Ended March 31,2006 Principal Number of Balance Summary of Outstanding Loans: Loans Outstanding Balance outstanding at 12131/05: 53 $1,091,375 Loans during quarter(detail below): 1 12.000 Principal payments/adjustments: 0 (43,471) Balance outstanding at 3/31/06: 54 $1.059.904 City Loan Participating Amount Bank Expired Loan Approval Approved During Prior Quarter RCSS Properties, Ltd dba Ten Ring Shooting Range $100,000 Comerica/Hibernia/504 Loans Closed During Quarter PEMSCO $12.000 Micro Estimated Funds Available for Lending at 0313112006: $524,657 Aging Summary as of March 31, 2006 36.3°� 43.7% ■ Current ❑ 1-2 Months ' � ❑ 3-6 Months ■ Over Months 2.9% 17.1° 2 City of Beaumont Small Business Loan Fund Status Report For Quarter Ended March 31,2006 Original Principal Principal Last Payments Loan Ba lance Amount Payment Name Delinquent Amount Outstanding Delinquent Date Current: AAMCO Transmission of Bmt - 100,000 78,342 - 3 / 10 / 2006 Bando's - 75,000 13,576 - 3 / 17 / 2006 Classic Southern Cuisine Inc - 14,421 13,312 - 3 / 28 / 2006 Colorado Canyon LTD - 57,872 53,037 - 3 / 22 / 2006 Corsair Holdings - 50,000 25,649 - 3 / 17 1 2006 Eglin, Etha-La Mirage - 15,812 15,068 - 3 / 17 1 2006 Evie's New Look - 14,086 13,031 - 3 / 13 / 2006 Granny's Old Fashion Pies, Inc. - 26,351 17,859 - 3 / 17 / 2006 Heritage Marine&Outdoors - 60,000 35,453 - 3 / 17 / 2006 Johnson, Daisy - 22,500 9,097 - 3 / 17 / 2006 Lawrence D. Evans Ins Agency - 32,250 5,528 - 3 / 9 / 2006 Medical Image Technolgy - 57,000 32,687 - 3 / 17 / 2006 PEMSCO - 12,000 12,000 - - / - ! -- PEMSCO - 11,120 10,030 - 3 / 10 / 2006 Rags Wash&Lube Express - 62,000 58,523 - 2 / 10 / 2006 Stat Care EMS - 50,000 18,655 - 3 / 20 / 2006 The Invisible Armor, LLC - 36,679 34,830 - 3 / 28 / 2006 Turning Minds Media, Inc. - 9,689 8,966 - 3 / 10 / 2006 Zeno's Cake Supplies - 20,000 7,477 - 3 / 15 / 2006 Subtotal (19) $726,779 $463,120 - Ito 2 Months Delinquent: (Reminder Notice or Staff Letter Sent) Diamond Pressure Washing 1 18,000 405 405 2 / 10 / 2006 Hall-McSween Canvas, Inc. 1 40,402 20,391 443 3 / 17 / 2006 JTB Recycling Facility, Inc. 1 40,000 23,581 385 2 / 27 / 2006 Madison's on Dowlen 1 100,000 60,736 1,656 2 / 28 / 2006 Soileau-Right Mind Marketing 1 19,148 18,526 410 3 / 17 / 2006 Terry's Fitness&Sports Cnnctn 1 10,816 9,837 547 3 / 3 / 2006 Wickland, Mary A CPA 1 22,500 4,489 433 3 / 20 / 2006 Wilson, Anthony/Reli-A-Lawn 1 20,800 14,884 241 3 / 28 / 2006 Dock 2 Door 2 18,018 17,733 643 1 / 20 / 2006 Sigma Engineers, Inc. 2 29,875 10,754 586 3 / 10 / 2006 Subtotal(10) $319,559 $181,336 $5,751 3 to 6 Months Delinquent: (Staff or Legal Letter Sent) Jewel Cole Insurance 3 22,500 19,220 1,237 3 / 10 / 2006 C & I Computer Services, Inc. 4 35,051 11,414 990 12 / 15 / 2005 Subtotal (2) $57,551 $30,634 $2,228 Total Current to 6 Months Delinquent(31) $1,103,889 $675,089 $7,979 3 City of Beaumont Small Business Loan Fund Status Report For Quarter Ended March 31, 2006 Original Principal Principal Last Payments Loan Balance Amount Payment Name Delinquent Amount Outstanding Delinquent Date Significant Delinquencies: More than 6 Months Delinquent: Legal Letter Sent Grady&MJ's Automotive, Inc. 6 7,432 548 548 2 / 10 / 2006 TLM Vending Enterprises # 8 8,641 7,878 7,878 3 / 8 / 2006 Subtotal (2) 16,073 8,426 8,426 More than 6 Months Delinquent: Bankruptcies Beaumont Financial Services 13 50,000 38,470 10,523 2 / 15 / 2005 Coverall of Beaumont 38 22,500 21,129 13,122 3 / 13 / 2003 Epicurean Empire, Inc. 11 50,000 32,234 4,607 3 / 23 / 2006 Guardian Assisted Transportation 20 32,776 13,151 11,314 8 / 25 / 2004 P-Reaux's 32 10,000 8,044 5,528 3 / 18 / 2005 Subtotal(5) $165,276 $113,028 $45,094 More than 6 Months Delinquent: Legal Action Pending: Advanced Business Copiers 31 17,500 8,744 8,745 2 / 14 / 2003 Bailey Services 39 22,000 15,895 13,897 2 / 24 / 2003 Beck's Package Store 50 7,571 7,135 7,135 5 / 6 / 2002 Classic Kid Learning Academy 21 15,000 5,002 5,002 6 / 6 / 2002 Distinguished Women's Boutique 40 15,000 12,882 10,177 5 / 25 / 2004 Incentives-Kourtney Jeffero 36 15,000 9,991 8,882 7 / 24 / 2003 JR's Automotive 73 46,500 40,288 15,916 11 / 7 / 2000 Los Ninos Child Education Center 9 14,000 2,266 2,266 1 / 21 / 2004 P&S Janitorial Service 41 35,000 20,924 20,924 4 / 18 / 2001 Scrapbook Cottage 37 22,500 15,870 13,440 5 / 8 / 2003 Shaffer Manufacturing 5 50,000 14,723 2,509 11 / 22 / 2005 SPOTLIGHT Magazine 42 10,000 9,195 6,682 2 / 27 / 2003 Sterling Lawn&Landcsaping 8 22,500 18,807 2,955 9 / 2 / 2005 T J C Investments 10 98,000 59,660 6,613 6 / 28 / 2005 Triangle Gold Books LLC 34 22,500 18,022 12,367 7 / 15 / 2003 Unique Creations 24 8,000 3,954 3,227 4 / 20 / 2004 Subtotal(16) $421,071 $263,360 $140,737 Total Significant Delinquencies(23) $602,419 $384,814 $194,257 Total All Loans(54) $1,706,309 $1,059,904 $202,236 # The TLM Vending rewrite was closed 04/06/06 Collections -Fiscal Year 2006&2005 Current Month Year to Date Prior Y-T-D Principal 14,824 80,980 110,796 Interest 2,898 16,159 21,484 Total Collected $17,723 $97,139 $132,280 4 City Beaumont,of Texas Investment Report For Quarter Ended March 31, 2006 Kyle Hayes, City Manager s Max S. Duplant, Chief Financial Officer F � 9 �I Kandy Daniel, Treasurer City of Beaumont Investment Report For Quarter Ended March 31,2006 Table of Contents Report Overview 1 Portfolio Summary Summary of Account Activity 4 Consolidated Account Summary of Account Activity 8 Report of Investment Position and Market Value g Report of Purchases,Sales and Maturities 11 General Operations Debt Service Account Summary of Account Activity 14 Report of investment Position and Market Value 15 Report of Purchases,Sales and Maturities 16 Water Utility Debt Service Account Summary of Account Activity 18 Report of Investment Position and Market Value 19 Report of Purchases,Sales and Maturities 20 HUD Section 108 Loan Account Summary of Account Activity 22 Report of Investment Position and Market Value 23 Report of Purchases,Sales and Maturities 24 1 City of Beaumont Investment Report For Quarter Ended March 31,2006 Report Overview This report which has been prepared in accordance with the law of the State of Texas and more specifi- cally with the Public Funds Investment Act(Section 2256.023, Government Code as amended) requires that a quarterly report be jointly prepared and signed by all investment officials for the City. The investment report has been divided into five sections. A summary of account activity of the City's total portfolio for the quarter ending March 31, 2006 is presented first. This overview is followed by a detailed report for each account represented in the City's portfolio. These accounts include the Consolidated Account, General Operations Debt Service Account, Water Utility Debt Service Account and HUD Section 108 Loan Account.A discussion of each section on adherence to the City's investment policy and strategies is shown below. Portfolio Summary Cash and investments totaled $66.5 million at January 1, 2006. During the quarter the City purchased investments of $27 million and had $10.8 million in sales and maturities bringing the face amount of investments to$82.7 million at March 31,2006. The report shows that the City was in full compliance with its investment policy for the period January 1, 2006 thru March 31, 2006 with respect to suitable investments, diversification, maximum maturities and weighted average days to maturity. Consolidated Account The consolidated investment account is a pooled fund group containing operating funds whose primary objective is to ensure that anticipated cash flows are matched with adequate investment liquidity. Consistent with investment strategies for this group, the maximum maturity for any one security does not exceed two years from the date of purchase and the weighted average days to maturity as of March 31, 2006 is 70 days. Investments for the Consolidated Account totaled $61.1 million at January 1, 2006. During the quarter the City purchased investments of$25.8 million and had sales and maturities of$7.6 million bringing the face amount of Investments to$79.3 million at March 31, 2006. General Operations and Water Utility Debt Service Accounts The General Operations and Water Utility Debt Service Accounts are debt service funds whose primary objectives are to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. Consistent with investment strategies for this group, the maximum maturity for any one security does not exceed two years from the date of purchase and the weighted average days to maturity as of March 31, 2006 is 1 day for both the General Operations and the Water Utility Debt Service Accounts. Investments for the General Operations and Water Utility Debt Service Accounts totaled $4.2 million and $1.1 million respectively at January 1, 2006. During the quarter the City purchased investments of $900,000 and had sales and maturities of $3 million bringing the face amount of investments in the General Operations Debt Service Account to $2.1 million at March 31, 2006. The Water Utility Debt Service Account had $258,000 in purchases for the quarter and recorded no sales and maturities bringing the face amount of investments in the account to approximately$1.4 million on March 31, 2006. 1 City of Beaumont Investment Report For Quarter Ended March 31,2006 Report Overview (continued) HUD Section 108 Loan Account The HUD section 108 loan account is a restricted account whose primary objective is to ensure that anticipated cash flows are matched with adequate investment liquidity. It is consistent with investment strategies for the pooled group in that the maximum maturity for any one security shall not exceed two years from the date of purchase and the weighted average maturity shall not exceed 365 days. Investments for the Section 108 Loan account totaled $126,808 at January 1, 2006. During the quarter the City purchased no investments and had sales and maturities of$126,808 leaving the face amount of investments at$0 on March 8, 2006. All proceeds were spent and the account was closed out on on this date. This section will be eliminated on future reports. 2 PORTFOLIO SUMMARY City of Beaumont Summary of Account Activity Total Portfolio-All Accounts For Quarter Ended March 31,2006 Face Principal Market Am" lout-9-VA P-dwilml Investments At 8"Inning of Period(01101106) $66,524.698 $66,4965132 $66.390,049 Purchases $26.958.386 $26,958.386 Sales and Maturities $10157,701 $10,757.201 Investments at End of Period(03131106) $82.725,383 $82.697,317 $82.545.925 Asset Allocation at March 31, 2006 Money Mkt Fund&Pools 75.9% Other Funds 2.3% Agency Securities 21.8% $82,725,383 Maturity Summary at March 31, 200611 Less than 3 months 77.0% Ito 2 years 7.3% 9 to 12 months 1,2% 6 to 9 months 8.5% -3 to 6 months 6.0% $82,725,363 4 City of Beaumont Summary of Account Activity Total Portfolio-All Accounts For Quarter Ended March 31, 2006 Account Allocation at March 31, 2000 Consolidated Account Restricted Accounts 4.2% $82,725.383 i Total Asset-Allocation--December 31, 2005 thru March 31, 2006 $120 --- -- --- - ------------ ----------- $100 ,j---– --- —---- �, $80 - ----- $40 - $20 _ P $0 ILL– December 31 January 31 February 28 March 31 i Other funds []Agency Securities Money Mkt Fund& Fools Weighted Average Days to Maturity a December 31, 2005 thru March 31, 2006 140 - --- ---- ------------------------------- --- ------ ---------------- 120 i- -.� _ —-----------------� --------------------- 100 11 i - ---- ------- 117 CU 0 60 ---- -- — 68 – 20 December 31 January 31 February 23 March 31 0 Weighted average maturity a MIT El'E t fi ga Ty,N ry '� �� y6 17 CONSOLIDATED ACCOUNT City of Beaumont Summary of Account Activity Consolidated Investment Account For Quarter Ended March 31,2006 Face Principal Market Amount IllMlested RonI Investments At Beginning of Period(01101106( $61,088,212 $61.059.646 $64,951563 Purchases $25.786,254 $25,788,254 Sales and Maturities $7,626,942 $7,626,442 Investments at End of Period(03131106{ $79,249,524 $79,221,458 $79.070,066 i Asset Allocation at March 31, 20� Agency SeCUY7t4es 22.8% Other Funds 2.2% Money Market Funds and Pools 75.4% 79,249.624- Maturity Summary at March 31 s 26061 Less than 3 months 75.9% � 1 to 2 years y 7.7% ° 9 to 12 months 3 to 66 months 63% 6 W 9 months 3.6°10 $79,249,524 8 City of Beaumont Report of Investment Position and Market Value Consolidated Investment Account As of March 31,2006 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to Fund Dft Aonount Descripljon Datt Yew Invested Principal value Interest Maturl�t MONEY MARKET FUNDS AND INVESTMENT POOLS AR4)001 03/31/06 30,702,775 Texpool 04101/06 4.5697 30,702,775.29 30,702,775.29 30,702,775.29 0.00 1 AR-0003 03/31/06 1,086,993 Logic Invest Pool 04/01/06 4.5529 1,086,992.63 1,086,992.63 1,086,992.63 0.00 1 AR-0012 03/31/06 18,651,656 Texas DAILY 04/01/06 45500 18,651,655.93 18,651,655.93 18,651,655.93 0.00 1 05-0012 06/23105 2,000,000 Texas TERM Fixed 04/28/06 3.5700 2,000,000.00 2,000,000.00 200,000.00 55,163.84 28 05-0014 06123105 2,000,000 Texas TERM Fixed 06/23/06 3.6200 2,000,000.00 2,000,000.00 2,000,000.00 55,936.44 84 05.0015 07/15105 1,000,000 Texas TERM Fixed 07/07/06 3.8400 1,000,000.00 1,000,000.00 11000.000.00 27,353.42 98 06-0002 11118105 1,000,000 Texas TERM Fixed 11/17/06 4.5800 1,000,000.00 1,000,000.00 1,000.000.00 16,814.25 231 064)004 03/31/06 2,000,000 Texas TERM Fixed 12/15106 5.0200 2,000,000.00 2,000,000.00 2.000,000.00 275.07 259 06-0002 01/31/06 1,000,000 Texas TERM Fused 01/26/07 4.7100 11000.000.00 1,000,000.00 11000,000.00 7,871.51 301 Subtotals: 59,441,424 4.5029 59,441,423.85 $9,441,423.85 59,441{423.85 163,414.53 24 BANK DEPOSITS AND CERTIFICATES OF DEPOSIT Bank Deposits AR-0006 03131/06 1,733,100 Hibemia Bank 04/01/06 4.7800 1,733,099.72 1.733,099.72 1,733,099.72 0.00 1 Subtotals: 1,733,100 4.7800 1,733,099.72 1,733,099.72 1,733,099.72 0.00 1 AGENCY SECURITIES 05-0007 03/07/05 1,000,000 FFCB 09/07/06 3.5000 1,000,000.00 993,440.00 1,000,000.00 2,333.33 157 04-0008 09/23/04 2,000,000 FHLB 05/15106 2.5400 2,006,690.00 1,994,380.00 2,000,507.97 20,166.67 45 040009 09/23/04 2,000,000 FHLB 06/16/06 2.6100 1,987,250.00 1,988,760.00 1,998,461.81 1,858.33 76 04-0010 09/23/04 2,000,000 FHLB 08/15/06 2.6800 2,030,058.00 1,989.380.00 2,006,023.63 8.944.44 135 OS-0009 06/23/05 2,075,000 FHLB 04/02107 3.8340 2.038,450.95 2,028,312.50 2,054,089.13 24,260.49 362 05-0011 06/23/05 2,000,000 FHLB 06108107 3.8376 2,001,378.00 1,971,260.00 2,000,863.28 24,326.39 428 05-0017 07/13/05 2,000,000 FHLB 11/30106 3.9821 1,993,770.00 1,981,880.00 1,996,999.31 25,208.33 240 05-0004 01/06/05 1,000,000 FNMA 09/07/06 3.2699 992,400.00 990,630.00 997,996.47 1.866.67 157 05-0010 06123/05 2,000,000 FNMA 05/17/07 3.8441 1.996,528.00 1,970,000.00 1,997,944.85 27,916.67 407 05.0016 07113/05 2,000,000 FNMA 10/16/06 3.9801 2,000,409.40 1,987,500.00 2,000,235.06 39,333,33 196 Subtotals: 18,075,000 3AI08 18,046,934.35 17,895,542.50 18,053,121.51 176,214.65 228 (continued) 9 City of Beaumont Report of Investment Position and Market Value Consolidated Investment Account As of March 31,2006 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to Fund 12 to Amount Description D1ta Yldd invested Principal Value Interest MaturJSx CRY; Face Buy Principal Market Book Accrued Days to Amount Yield Invested Ptindpal Value interest Ma>�t 59,441,424 Money Mid Fds&Pools 4.5029 59,441,423.85 59,441,423.85 59,441,423.85 163,414.53 24 1,733,100 Bank Deposits and CDs 4.7800 1,733,099.72 1,733,099.72 1,733,099.72 0.00 1 18,075,000 Agency Securities 3.4108 18,046,934,35 17,895,542.50 18,053,121.51 176,214.65 228 Total 79,249,524 4.2571 79,221,457.92 79,OTO,066.07 79,227,645.08 539,629.18 TO FFCB-Federal Farm Credit Bank FHLB-Federal Home Loan Bank FHLMC-Federal Home Loan Mortgage Corporation,"Freddie Mac" FNMA-Federal National Mortgage Association,"Fannie Mae" SLMA-Student Loan Mardeting Association,"Sallie Mae" 10 City of Beaumont Report of Purchases,Sales and Maturities Consolidated Investment Account For Quarter Ended March 31,2006 lb- Buy Face Maturity Buy Principal Sold/MaYd/Open Hiding Realized Days Eund Qaie Amount Description Dete YINd Invested Data Price Prd Yid Gn/Loss HWd PU CHASES 06-0003 01130/06 1,000,000 Texas TERM Fixed 01127/07 4.7100 1,000,000.00 O 01/27/07 100.000 4.7100 0 60 06-0004 03131/06 2,000,000 Texas TERM Fixed 12115/06 5.0200 2,000,000.00 O 12/1506 100.000 5.0200 0 1 AR-0001 01/01/06 13,592,589 Texpool 04/01/06 4.5697 13,592,589.04 O 04101/06 100.000 4.5697 0 — AR-0012 01/01/06 9,183,852 Texas DAILY 04101/06 4.5500 9,183,852.06 O 04/01/06 100.000 4.5500 0 — AR-0003 0110106 11,813 Logic Invest Pool 04/01/06 4.5529 11,813.36 O 04/01/06 100.000 4.5529 0 -- Totals: 25,788,254 25,788,254A6 SALES AND MATURITIES 06.0001 11/01/05 1,000,000 Texas TERM Fixed 01/30106 4.0400 1,000,000.00 O 01!30/06 100.000 4.0400 0 90 05-0013 06/23/05 2,000,000 Texas TERM Fixed 03/31/06 3.5500 2,000,000.00 O 03/31/06 100.000 3.5500 0 281 04-0005 02/06/04 2,000,000 FFCB 02/06106 2.0128 1,999,500.00 O 02/06/06 100.000 2.0128 0 731 05-0006 02128/05 2,000,000 FHLB 02/28/06 3.2000 2,000,000.00 O 02/28/06 100.000 3.2000 0 365 AR-0006 01/01/06 626,942 Hibernia 03/31/06 4.7800 626,941.74 O 03/31/06 100.000 4.7800 0 — Totals: 7,626,942 7,626,441,74 11 Kv- Imam +t- x w 4 BE e� a . " : now h xc GENERAL OPERATIONS DEBT SERVICE ACCOUNT City of Beaumont Summary of Account Activity General Operations Debt Service Account For Quarter Ended March 31,2006 Face Principal Market Amou 1"Wed Eflac" Investments At Beginning of Period(01101106) $4195.622 $4,195.622 $4.195.622 Purchases $912,278 $912,278 Sales and Maturities $3.003,951 $3,003,951 investments at End of Period(03131106) $2,103,949 $2,103,949 $2.103,949 Asset Allocation at March 31, 200fi Money Market Funds and Pools 943% Other Funds 5.7% Maturity Summary at March 31, Less than 3 months 100.0% j2,-10-3,949-�1 14 City of Beaumont Report of Investment Position and Market Value General Operations Debt Service Account As of March 31,2006 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to EUnd Dete Amount Descrip3L DAR Ywd Invested Principal V111,11 Interest Mtatili(tY MONEY MARKET FUNDS AND INVESTMENT POOLS AR-W2 03/31/06 763,941 Texpool 04/01/06 4.5697 763.941.16 763,941.18 763,941.16 0.00 1 AR-0013 03/31/06 1,156,537 Texas DAILY 04/01/06 4.5500 1,156,536.68 1,156,536.68 1,156,536.68 0.00 1 AR-0005 03/31/06 64,201 Logic Invest Pool 04/01/06 4.5529 64,200.93 64,200.93 64.200.93 0.00 1 Subtotals: 1,984,679 4.6577 1,984,678.77 1,984,678.77 1,984,678.77 0.00 1 BANK DEPOSITS AND CERTIFICATES OF DEPOSIT Bank Deposits AR-0007 03/31/06 119,270 Hibernia Bank 04/01106 4.7800 119,270.16 119,270.16 119,270.16 0.00 1 SUMMARY: Face Buy Principal Market Book Accrued Days to Amount Yield Invested Principal Value Irtersst Matur�4X 1,984,679 Money Market Fds 8 Pools 4.5577 1,984,678.77 1.984,67817 1,964,678.77 0.00 1 119,270 Bank Deposits and CDs 4.7800 119,270.16 119,270.16 119,270.16 0.00 1 Total 2,103,949 Total Portfolio 4.5702 2,103,948.93 2,103,948.93 2,103,948.93 0.00 1 15 City of Beaumont Report of Purchases,Sales and Maturities General Operations Debt Service Account For Quarter Ended March 31,2006 ID- Buy Face Maturity Buy Principal SokUMat'd/Open Hiding Realized Days Fund DAt Amount Descriptlon Nit Yield Invested 011k4 Price prd Yld GnIloss Hold PURCHASES AR-0005 01/01/06 698 Logic Invest Pool 04/01/06 4.5529 697.73 O 04/0106 100.000 4.5529 0 — AR-0005 01/01/06 911,580 Texas DAILY 04/01/06 4.5500 911,580.20 O 04!01/08 100.000 4.5500 0 Totals: 912,278 912,277.93 SALES AND MATURITIES AR-0007 01/01/06 2,542,972 Texpool 03/31/06 4.5697 2,542,971.91 O 03/31/06 100.000 4.5697 0 — AR-0002 01/01/06 460,979 Hibernia Bank 03131106 4.7800 460.979.23 O 03131106 100.000 4.7800 0 Totals: 3,003,951 3,003,951.14 16 WATER UTILITY DEBT SERVICE ACCOUNT City of Beaumont Summary of Account Activity Water Utility Debt Service Account For Quarter Ended March 31,2006 Face Principal Market Amount invest2d Principal Investments At Beginning of Period(01101106) $1114,056 $1,114.056 $1,114,056 Purchases $257,854 $257,854 Sales and Maturities $0 $0 Investments at End of Period(03131106) $1.371,910 $1.371,910 $1371,910 Asset Allocation at March 31, 2006 Money Market Funds and Pools 95.0% 4 Other Funds 5.0% $1,371,910 j Maturity Summary at March 31, 2006 Less than 3 months 100.0% $1,371,910 City of Beaumont Report of Investment Position and Market Value Water utility Debt Service Account As of March 31,2006 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to ELMd Date Amount Descripflon Daft Yield Invested Principal Value interest Matuir MONEY MARKET FUNDS AND INVESTMENT POOLS AR-0011 03131/06 1,303,170 Texpool 04/01/06 4.5697 1,303,169.91 1,303,169.91 1,303,169.91 0.00 1 BANK DEPOSITS AND CEIMFICATES OF DEPOSIT Bank Deposits AR-0008 03/31/06 68,740 Hibernia Bank 04/01/06 4.7800 68,740.36 68,740.36 68,740.36 0.00 1 SUMP; Face Buy Principal Market Book Accred Days to Amount Yield Invested Prindpal Value Interest M; Ity 1,303,170 Money Market Fds 3 Pools 4.6697 1,303,169.91 1,303,169.91 1,303,169.91 0.00 1 68,740 Bank Deposits and CO's 4.7800 68,740.36 68,740.36 68,740.36 0.00 1 Total 1,371,910 4.5802 1,371,910.27 1,371,910.27 1,371,910.27 0.00 1 19 City of Beaumont Report of Purchases,Sales and Maturities Water Utility Debt Service Account For Quarter Ended March 31,2006 ID- Buy Face Maturity Buy Principal SoldiMat'd/Open Hiding Realized Days Eund DAft Amount Descdgfl n DAk Yidd Invested Me Price pad Yld Gn/Loss Hslst PURCHASES AR-0008 01/01/06 219,833 Texpool 04/01/06 4.5697 219.832.92 O 04!01/06 100.000 4.5697 0 — AR-0011 01/01/06 38,022 Hibernia Bank 04/01/06 4.7800 38,021.53 O 04/01/06 100.000 4.7800 0 -- Totals: 257,844 257,854A5 20 HUD SECTION 108 LOAN ACCOUNT City of Beaumont Summary of Account Activity HUD Section 108 Loan Account For Quarter Ended March 31,2006 Face Principal Market Amoillit Invested Principal Investments At Beginning of Period(01101106) $126,808 $126,808 $126,808 Purchases $0 $0 Sales and Maturities $126,808 $126,808 Investments at End of Period(03131106) $0 $0 $0 Asset Allocation at December 31, 2005 $0 Maturity Summary at December 31, 2005 $0 22 City of Beaumont Report of Investment Position and Market Value HUD Section 108 Loan Account As of March 31,2006 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to EMW D" Amount Description D" Yield Invested Psincl6al Value Interest Matur MONEY MARKET FUNDS AND INVESTMENT POOLS AR-0010 03131/06 0 Fidelity MM Fund 04101106 0.0000 0.00 0.00 0.00 0.00 0 SUMMARY: Face Buy Principal Market Book Accred Days to Aount Yield Invested Princlwf Value Interest mewX 0 Money Market Fds&Pools 0.0000 0.00 0.00 0.00 0.00 0 Total 0 0.0000 0.00 0.00 0.00 0.00 0 23 City of Beaumont Report of Purchases,Sales and Maturities HUD Section 108 Loan Account For Quarter Ended March 31,2006 ID- Buy Face Maturity Buy Principal Sold/Mat'dlOpen Hiding Realized Days Fund Dal Amount Description Date YkW Invested Date Prke Rtd Yid OrVLoss field SALES AND MATURITIES AR-0010 01/01106 126,808 Fidelity MM Fund 03/31/06 3.8017 126,808.00 O 03/31/06 100.000 3.8017 0 — Totals: 126,808 126,808.00 24 2 � gp z 3� {