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HomeMy WebLinkAboutPACKET SEPT 19 2006 �r L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 19,2006 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to accept a Tobacco Compliance Grant from the Texas Comptroller's Office B) Authorize the City Manager and Chief of Police to execute the Joint Terrorism Task Force Memorandum of Agreement C) Authorize the acceptance of a ten(10) foot wide water line easement for fire hydrants across Kelley Family Investments property(Cypress Bend Apartments) near the intersection of Gladys and Major D) Authorize the acceptance of two (2) -ten(10) foot wide water line easements for fire hydrants across Eagles Landing Apartments E) Authorize the granting of a License to Encroach to LaTEX Investors, L.P. for a brick monument sign in the median of Pointe' Parkway • A Cit y of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police C, MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 12, 2006 REQUESTED ACTION: Council consider authorizing the City Manager to accept a Tobacco Compliance Grant from the Texas Comptroller's office in the amount of$7,000. RECOMMENDATION Administration recommends authorizing the City Manager to accept a Tobacco Compliance Grant from the Texas Comptroller's office in the amount of$7,000. BACKGROUND The Beaumont Police Department has participated in the enforcement of Texas Tobacco laws for over 5 years through various grant programs. These programs target establishments that sell tobacco to minors through inspections and controlled buys. These efforts have resulted in increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the area and statewide. These programs are required for the State of Texas to continue receiving certain types of federal funding which is based upon statewide tobacco law compliance. BUDGETARYIMPACT An additional $7,000 in funding for tobacco law compliance enforcement. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute necessary documents to accept a Tobacco Compliance Grant in the amount of$7,000 from the Texas Comptroller's office. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - B . f Cit y of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Frank C. Coffin, Jr., Chief of Police G MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 13, 2006 REQUESTED ACTION: Council consider authorizing the City Manager and Chief of Police to execute the Joint Terrorism Task Force Memorandum of Agreement. RECOMMENDATION The Beaumont Police Department has been a participant in the Joint Terrorism Task Force since 2002. This Memorandum of Agreement will simply continue with the existing participation of the Beaumont Police Department in the Joint Terrorism Task Force. BACKGROUND The attached Joint Terrorism Task Force Memorandum of Agreement has been in effect in the past and has been implemented since 2002. A request is being made by the Beaumont Police Department to continue the participation of the Beaumont Police Department in the Joint Terrorism Task Force and to authorize the City Manager and the Chief of Police to execute the attached memorandum of agreement. The agreement has been in effect since 2002 and this authorization will continue the existing participation of the Beaumont Police Department. PREVIOUS ACTION The Beaumont Police Department has been a Joint Terrorism Task Force participant since 2002. This memorandum of agreement will simply continue with the existing participation of the Beaumont Police Department in the Joint Terrorism Task Force. SUBSEQUENT ACTION None. BUDGETARYIMPACT None. RECOMMENDED BY City Manager and Chief of Police. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY.OF BEAUMONT: THAT the City Manager and Chief of Police be and they are hereby authorized to execute the Joint Terrorism Task Force Memorandum of Agreement substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - HOUSTON JOINT TERRORISM TASK FORCE KEMORAND OF A_ GRE NT PREAMBLE This Memorandum of Agreement (MOA) is entered into by the Federal Bureau of Investigation (FBI) and the Beaumont Police Department (BPD) and outlines a cooperative effort to combat terrorism. ARTICLE ONE: se of MM This MOA establishes and delineates the mission and structure of the Houston Joint Terrorism Task Force (JTTF) in addressing the complex problem of terrorism affecting Southeast Texas. The purpose of this MOA is to set out a common understanding of the policies and procedures the 8PD and the FBI will follow in providing law enforcement service to the citizens of Texas and the United States of American, ARTICLE TWO: The JTTF will investigate terrorist organizations planning or carrying out terrorist acts occurring in or affecting the State of Texas and will apprehend individuals committing such violations. The organizations to be investigated will be specifically identified and agreed. upon beforehand by JTTF member agencies. All parties agree to abide by the Attorney General's Guidelines on General Crimes, Racketeering Enterprise, and Domestic Security./Te'rrorism investigations (AG Guidelines) and the Attorney Guidelines for FBI Foreign Intelligence Collection and Foreign Counterintelligence Investigations as they pertain to International Terrorism matters. In addition, it is understood that personnel of the BPD shall be required to utilize only those investigative techniques consistent with their given standards and procedures. ARTICLE THREE: _ ORGANIZATIONAL STRUCTURE AND MANAGEMENT OF THE TASIS FORCE 8 _.MEMBERS The JTTF shall consist of a combined body of investigators from each participating agency. EXHIBIT "A" �. IDENTIFICATION of OBJECTIVES The Special Agent in Charge (SAC) of the FBI and the Chief of the BPD or their designees, shall identify, agree upon, and articulate specific organizations and investigative objectives or matters assigned to the JTTF. C. DIRECTION OF JTTF AND RESOURCE CONTROL Responsibility for the overall policy and direction of the JTTF shall rest with an Assistant Special Agent In Charge (ASAC) of the FBI, who will closely coordinate with the Chief of the BPD or their designees, on matters of mutual concern relating to such policy and direction, thus ensuring the absence of conflict. Specific control over their JTTF resources and the continued dedication of _these resources to the JTTF shall be retained by the participating agency heads, who will be kept fully apprised of all investigative developments by their respective subordinates. D. SUPERVISION OF JTTF Day-to-day supervision for matters assigned to the JTTF shall be the responsibility of the designated FBI Senior Supervisory Special Agent (SSRA) of the Beaumont Resident Agency in conjunction with the BPD. Responsibility for the conduct of the JTTF members shall remain with the respective agency heads. All JTTF personnel will keep their respective superiors completely informed of -pertinent developments. E. PHYSICAL LOCATION AND SUPPORT Subject to availability, the FBI will provide office space for all JTTF members and support staff. In addition, the FBI will provide all necessary secretarial, clerical, automation, and technical support for the JTTF. F COMMITMENT OF PERSONNEL The FBI will assign an SSRA (1) and three (3) Special Agents. BPD will assign one (1) Investigator from the All members of the JTTF will be assigned full-time to the JTTF. Continued assignment of members will be made at the discretion of their respective agencies consistent with FBI and BPD guidelines . ARTICLE FOUR: - VEHICLES The JTTF agrees to provide the BPD task force member with a vehicle. The purpose of these vehicles is for surveillance, case management, and investigation, in connection with any JTTF investigation. The vehicle provided by the FBI can be used for official use only in connection with matters investigated by the JTTF. In furtherance of the mission of the JTTF and in compliance with existing FBI policy for operation of V.S . Government vehicles, the FBI hereby agrees and authorizes members of the BPD in the JTTF to operate vehicles owned or leased by the FBI. The BPD agrees to be responsible for tortious acts or omissions on the part of the BPD or their employees, and for any liability resulting from use of FBI owned or leased vehicles utilized by the BPD Task Force member, and for any damage to said vehicles as a result of any action or omission on the part of the Z?D or their employees. ARTICLE FIVE RECORDS AND REPORTS All JTTF investigative records will be maintained at the Beaumont Resident Agency of the FBI . . Investigative reports will be prepared on FBI forms. Decisions for placement of all or part of said investigative records into BPD files or data bases shall rest with supervisory personnel of the FBI and the BPD in compliance with applicable standards, and -procedures governing the respective parties. Classified information shall not be placed in files. ARTICLE SIX: SECURITY CLEARANCE/DEPUTATION Due to various United States, Department of Justice (DOJ) regulations and laws regarding classified information, Prospective members of the JTTF who do not possess Top secret clearances previously granted by the FBI/I7OJ will be subjected to full background investigations) with assignment contingent upon receipt of appropriate security clearance (s) . All non- FBI personnel will be sworn in as special Deputy U.S . Marshals. Security clearances will be granted for any applicable and relevant BPD managers or Supervisors up to, and including the Chief of Police. Investigative restrictions imposed by the BPD shall not be voided by deputation of their respective personnel. All members of the JTTF shall agree not to disclose any classified or sensitive information to non- JTTF members without the express permission of the FBI and shall agree to execute any applicable nondisclosure agreements, as may be necessary or required by the FBI. ARTICLE SEVEN: INVESTIGATIVE EXCLUSIVITY It is agreed that matters designated to be handled by the JTTF will not knowingly be subject to non-JTTF law enforcement efforts. Recognizing the amount of specialized entities within each member agency, it is incumbent upon each agency to make proper internal notification regarding JTTF existence, including its areas of concern. All information developed by the individual member agency, in the course' of investigations prior to the JTTF, will be referred to the JTTF for review and coordination, with approval of the command staff of each member agency. The non-specialized entities of each member agency handle a myriad of different law violations; therefore, JTTF members should make an effort to keep abreast of law enforcement developments within their respective agencies, to ensure information involving JTTF members is referred to the JTTF. It is also agreed there shall be no unilateral action taken on the part of any participating agency relating to JTTF investigations. All law enforcement actions will be coordinated and cooperatively carried out. ARTICLE EIGHT: SALARY/COMPENSATION Salaries of JTTF members will be paid by their respective agencies. Overtime incurred in the performance -of - JTTF responsibiiities, .when allowable under federal law -anti to --- the extent that federal funding is available for such - purposes, will be reimbursed by the FBI so long as a separate overtime agreement is executed between the parties. Otherwise, overtime shall be compensated in accordance with applicable BPD overtime provisions and shall be subject to the prior approval of appropriate personnel. The FBI shall report to the BPD supervisor all payments made to non-FBI JTTF members including but not limited to overtime. ARTICLE NINE: PROSECUTION JTTF investigations will conform to the requirements of federal prosecution rules and regulations and will generally be prosecuted in federal courts. It is recognized, however, that specific circumstances may, on a base-by-case basis, indicate that prosecution should be in a state court. The criteria for making such decisions will focus upon achieving the greatest overall benefit to law enforcement and the public, and effecting the greatest impact on terrorism. ARTICLE TEN: INFORMANTS/EXPENSES The JTTF will abide by the Attorney General's Guidelines on the Use of Informants and Confidential Sources. To the extent that BPD standards and procedures impose any greater restrictions upon the use of their informants and cooperating witnesses, such personnel shall be bound by those restrictions. Subject to appropriate FBI approvals, the FBI agrees to pay any reasonable and necessary expenses incurred by the JTTF. The BPD agrees that prior to incurring such expenses, it will consult with the FBI's designated representative to ensure anticipated expenses will be in furtherance of JTTF goals and objectives. ARTICLE ELEVEN: FORFEITURE Any forfeiture realized as a result of cases worked by the JTTF will be handled in accordance with applicable federal law and FBI guidelines. FBI guidelines will govern the sharing of seized and/or forfeited assets. ARTICLE TWELVE: MEDIA No members of the JTTF .will discuss or otherwise e reveal information relating to JTTF investigations, or other FBI related investigations known to them, to any media representatives. All media releases on JTTF matters will be mutually agreed upon and coordinated jointly. ARTICLE THIRTEEN: LIABILITY Unless specifically addressed by the terms of this MOA, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. Legal representations by the U.S. is determined by the DOJ on a case-by-case basis. The FBI cannot guarantee the U.S. will provide legal representation to any Federal or State law enforcement officer or employee. Congress has provided that the exclusive remedy for the negligent or wrongful act or omission of an employee of the U.S. Government, acting within the scope of his/her employment, shall be an action against the U.S. under the Federal Tort Claims Act (FICA) , 26 USC, Section 1346 (b) , and Sections 2671-2680. For the limited purpose of defending claims arising out of JTTF activity, state officers who have beeri specifically deputized and who are acting within the course and scope of their official duties and assignments pursuant to this MOU, may be considered an "employee" of the U.S. Government as defined in 28, USC, Section 2671. See 5 USC, Section 3374 (c) (2) . Under the Federal Employees Liability Reform and Tort Compensation, Act of 1998 (commonly known as the Westfall Act) , 28 USC, Section 2679 (b) (1) , the Attorney General or his/her designee may certify that an individual defendant acted within the scope of his employment at the time of the incident giving rise to the suit. id., 28 USC, Section 2619 (d) (2) . The U.S . can then be substituted for the employee as the sole defendant with respect to any tort claims. 28 USC, Section 2679 (d) (2) . If the U.S. is substituted as defendant, the individual employee is thereby protected from suits in his official capacity. If the Attorney General declines to certify that an employee .was acting within the scope of employment, "the_ employee may at any time before trial, petition the court to find and certify that the employee was acting within the scope of his office or employment." 26 USC Section 26'779 (d) (3) . Liability for any negligent or willful acts of JTTF members, undertaken outside the terms of this MOU will be the • sole responsibility of the respective employee and agency involved. Liability for violations of federal constitutional law rests with the individual federal agent or officer pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 368 (1971) or pursuant to 42 USC, Section 1963 for state officers or cross-deputized federal officers. Both state and federal officers enjoy qualified immunity from suit for constitutional torts, "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. Fitzgerald, 457 U.S. 600 (1982) . MY' officers may request representation by the U.S. DOJ for civil suits against them in their individual capacities for actions taken within the scope of employment. 28 C.E.R. Sections 50.15, 50.16. An employee may be provided representations "when the actions for which representation is requested reasonably appear to have been performed within the scope of the employee' s employment and the Attorney General, or his/her designee, determines that providing representation would otherwise be in the interest of the U.S." 28 C.F.R. Section 50.15 (a) . ' A JTTF officer' s written request for representation should be directed to the Attorney General and provided to the Chief Division Counsel (CDC) of the FBI division coordinating the task force. The CDC will then forward the representation request to the FBI's Office of General Counsel (OGC) together with a Letterhead Memorandum concerning the factual basis for the lawsuit. FBI/OGC will then forward the. request to the Civil Division of DOJ together with an agency recommendation concerning scope of employment and Department representation. 28 C.F.R. Section 50 .15 (a) (3) . If a JTTF officer is found to be liable for a constitutional tort, he/she may request indemnification from- DOJ to satisfy an adverse judgement rendered against the employee in his/her individual capacity. 28 C.F.R. Section _ 50. 15 (e) (4) . The criteria for payment are substantially similar to those used to determine whether a federal employee is entitled to DOJ representation under 28 C.F.R. Section 50 , 15 (a) . ARTICLE FOURTEEN: DURATION OF THE TASK FORCE The JTTF will continue for an indefinite period but participation may be terminated at any time upon the.written notice of either party to this Memorandum of Agreement. „ SIGNATORIES Roderick L. Beverly SPECIAL AGENT IN CHARGE Federal Bureau of Investigations Chief Frank C..Coffin,Jr. Beaumont Police Department Officer of the Chief Contracting Officer Federal Bureau of Investigation Washington,D.C. Kyle Hayes City Manager City of Beaumont c City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 7, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10) foot wide water line easement for fire hydrants across Kelley Family Investments property (Cypress Bend Apartments) near the intersection of Gladys and Major. RECOMMENDATION Kelley Family Investments, Ltd. has agreed to convey a ten foot(10')wide water line easement to the City of Beaumont. The Water Line Easement crosses Cypress Bend Apartments property near the intersection of Gladys and Major Drive and will serve fire hydrants on the property(described as 0.3492 acre of land out of the A. Huston Survey, Abstract 33). Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director engfire_cypress-kelley-ib.wpd 7 September,2006 RESOLUTION NO. WHEREAS, Kelley Family Investments, Ltd., has offered to convey a ten-foot(10') wide Water Line Easement, being a 0.3492 acre of land out of and a part of the A. Huston Survey, Abstract No. 33, Jefferson County, Texas, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Kelley Family Investments, Ltd., as described on Exhibit "A," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - EXIBIT"A" 0.3492 ACRE OF LAND FOR UTITLITY EASEMENT PURPOSES OUT OF THE A. HUSTON SURVEY,ABSTRACT NO. 339 JEFFERSON COUNTY,TEXAS BEING 0.3492 acre of land out of and a part of the A. Huston Survey, Abstract No. 33, Jefferson County, Texas; being part of a (Called 7.792) acre tract of land conveyed to Kelley Family Investments, Ltd, recorded in File No. 2006011421, Official Public Records of Real Property, Jefferson County, Texas; said 0.3492 acre tract being more fully described by metes and bounds as follows,to wit: BEGINNING at a point for corner on the North right of way line of a dedicated road named Gladys Avenue; said point for corner being on the west line of Lot 1, Replat of Gladys Business Park Subdivision Section One, recorded in Volume 16, Page 283, Map Records, Jefferson County, Texas; also being the Southeast comer of the (Called 7.792) acre tract; THENCE, North 88 deg., 36 min., 10 sec., West, on the North right of way line of said Gladys Avenue, a distance of 9.86' to a point for comer, THENCE, North 01 deg., 47 min., 26 sec., East, a distance of 189.57' to a point for comer; THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 145.05' to a point for comer; THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for comer; THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 10.00' to a point for comer, THENCE, North 00 deg., 11 min., 25 sec., East, a distance of 572.37' to a point for comer; THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 10.00' to a point for comer; THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for comer; THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 97.20' to a point for comer; THENCE, South 37 deg., 59 min., 04 sec., East, a distance of 364.66'.66' to a point for E)GMrr"A" PAGE 1 of 3 THENCE, South 88 deg., 14 min., 56 sec., East, a distance of 123.40' to a point for corner on the Westerly line of a 110' wide right of way, Bench No. 202-E for Drainage District No. 6, recorded in Film Code No. 103-43-0139, .Official Public Records of Real Property,Jefferson County,Texas; THENCE, South 37 deg., 59 min., 04 sec.,East, a distance of 13.00' to a point for comer on the North line of a (Called 1.0) acre tract of land conveyed to Broussard's Mortuary, Inc., recorded in File No. 2001002700, Official Public Records of Real Property, Jefferson County,Texas; THENCE,North 88 deg., 14 min., 56 sec., West, on the North-line of a(Called 1.0) acre tract,a distance of 136.40' to a point for corner;. THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 191.91' to a point for comer; THENCE, South 52 deg;, 00 min., 56 sec., West, a distance of 17.60' to a point for comer; THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 10.00' to a point for comer; THENCE, North 52 deg., 00 min., 56 sec., East, a distance of 17.60' to a point for comer; THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 162.58' to a point for comer; THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 92.34' to a point for Comer; THENCE, South 00 deg., 11 min, 25 sec., West, a distance of 522.37' to a point for comer; THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 155.16' to a point for corner being on the West line of said Lot 1,Replat of Gladys Business Park; THENCE, South 01 deg., 46 min., 56 sec., West, on the West line of said Lot 1, a distance of 199.81' to the POINT OF BEGINNING and containing 0.3492 acre of land for utility easement purposes. This description is based on the Land Survey made by Anthony M. Leger, Registered Professional Land Surveyor No. 5481, on August 16, 2006. City of Beaumont 0 LS-06-0802A '�►'��sF�R�-i- •i:uiu........ &X64Y M. •G :aiiil.H w. EXHIBIT"A» PAGE 2 of 3 D SURN GLADYS AVENUE ' � r VOL 16, P0. 263,M.Rd.C, a I r u F � Z _CNORTH R.O.W. UNE _ 1 �`Oq _ _ G N N Z 2 m > in N A O a I MO. �� C- 0 I -4 Z G va L5 0 IWO- LIG L3 rn Ial t m qk W Z N a VI 41 f17 /,1 ( m D (CA i.o0 AptE)BROUSSMro'S MOR1uARr.INa I z h+i lV I P yG �-, S SYZi I CLERKS FlLE N0.2001002700,0.PAt P.J. . [�.� Z m f � 0�� C N 2 u, _ I z 99 g O Z CA N 8 D to ct I o'a.. I o I O z rn P \�J,`�j sl�p�i• �S� � c>G� I �n Z z = m rn us Iis G g �I ' 4* Fp• 1f►. L6 I to \ N V O -1 z Z o+ jfo I N r�1 •ref Q SURVr1fOWS CERTIFICATION: The undersigned does hereby certify that this survey was this day 7/17/06 made of the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area, boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown hereon, and that said property has access to and from a dedicated roadway. This survey is certified for this transaction only; it is not transferable to additional institutions or subsequent owners. ANTHONY M. ER REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481 > "B" 06-0802A 0.3492 ACRE OF LAND PART OF THE HUSTON SURVEY, ABSTRACT N0. 93, 1 � 00' S OUTEX SURVEYORS INC. JEFFERSON COUNTY, TEXAS. 17 06 3737 DOCTORS DRIVE CITY OF BEAUMONT T. PORT ARTHUR, TEXAS 77642 501 MAIN STREET A LEGER (409) 983-2004 (409) 983-2005 p BEAUMONT, TEXAS 77704-3827 EXHIBTT A' PAGE 3 of 3 D Cit of Beaumont y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 7, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two(2) - ten (10) foot wide water line easements for fire hydrants across Eagles Landing Apartments. RECOMMENDATION Charles S. Leyendecker, Trustee, (Eagles Landing Apartments)has agreed to convey two(2)ten foot (10') wide water line easements to the City of Beaumont. The easements are located across Eagles Landing Apartments at 3980 North Major Drive and will provide mandatory access for fire prevention services. The easements are described as follows: 1. being a ten foot(10)easement, for a distance of 53 feet out of the W. B. Dyches Survey,Abstract 17,and containing 0.0122 acres of land at 3980 North Major Drive. 2. being a ten foot(10)easement, for a distance of 53 feet out of the W. B. Dyches Survey, Abstract 17, containing 0.0122 acres of land and being adjacent to an existing fifteen foot(15) utility easement at 3980 North Major Drive. Administration recommends acceptance of the easements. BACKGROUND The easement is to be used to provide exclusive access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_eagles-landing-06-ib.wpd 7 September 2006 RESOLUTION NO. WHEREAS, Charles S. Leyendecker, Trustee, (Eagles Landing Apartments), has offered to convey two (2) ten-foot (10') wide Water Line Easements, as described on Exhibit"A"attached hereto,for the purpose of providing access for fire prevention services: 1. being a ten (10) foot easement, for a distance of 53 feet out of the W. B. Dyches Survey, Abstract 17, containing 0.0122 acres of land at 3980 North Major Drive. 2. Being a ten (10) foot easement, for a distance of 53 feet out of the W. B. Dyches Survey, Abstract 17, containing 0.0122 acres of land and being adjacent to an existing fifteen (15) foot utility easement at 3980 North Major Drive. and, WHEREAS, the City Council has considered the purpose of said conveyances and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Charles S. Leyendeckers, Trustee, (Eagles Landing Apartments), as described on Exhibit "A," be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - Fittz & Shipman SINC EXHIBIT "A"-PAGE 1 OF 5 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0122 ACRE TRACT FOR A 10' WIDE WATERLINE EASEMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUN'T'Y, TEXAS AUGUST 7, 2006 EASEMENT I That certain 0.0122 acre tract for a 10-foot wide waterline easement out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.308 acre tract(Tract 1) /conveyed to Charles S. Leyendecker, Trustee as recorded in Clerks File No. 2003053112 of the Official Public Records of Real Property of Jefferson County, Texas, said 0:0122 acres being more particularly described by metes and bounds as follows: Basis of Bearing is along the east right-of-way line of North Major Drive and the west line of the said 1.308 acre tract(Tract 1) having been called North 02°49'37"West 204.08 feet COMMENCING at a %s" capped iron rod found in the east right-of-way line of North Major Drive for the northwest comer of a called 15-foot wide utility easement recorded in Clerks File No. 2003045368 of the Official Public Records of Real Property of Jefferson County, Texas and the said 1.308 acre tract (Tract 1)from which a W capped iron rod set for the northeast comer of the said 1.308 acre tract(Tract 1) bears North 87 009'15" East 279.18 feet (called North .87 009'15" East 279.18 feet); THENCE South 02'49"37"East along the said east right-of-way line of North Major Drive, the most northerly west line of the said 15-foot wide utility easement and the west line of the said 1.308 acre tract(Tract 1) a distance of 15.00 feet(called South 02 04937" East)to a point for an exterior comer of the said 15-foot wide utility easement; THENCE North 87°09'.15" East along an interior,,line of the said 15-foot wide utility easement a ,distance of 165.35 feet(called North 87 009'44' East) to a point for the northwest comer of the ` said 0.0122 acre tract and the POINT OF BEGINNING; THENCE North 87 009'15" East continuing along the said interior line of the 15-foot wide utility easement a distance of 10.00 feet(called North 87°09'44' East) to a point for the northeast comer of the said 0.0122 acre tract THENCE South 02°50'39" East a distance of 53.00 feet to a point for the southeast comer of the- said 0.0122 acre tract; --- THENCE South-87009'1 5"West a distance of 10.00 feet to a point for the southwest comer of the said 0.0122 acre tract; F"utz&Shipman,Ina Page 1 of 2 Project No.01995.000ltskl• Plat&Description 1405 Comerstone-.Court,� Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303 . EXIE IBIT"A"-PAGE 2 OF 5 THENCE North 02°50'39"West a distance of 53.00 feet to POINT OF BEGINNING and containing 0.0122 acres of land, more or less. This Field Note Description is being submitted along with a plat based on a survey performed by Fittz &Shipman; Inc. during October 2003. ,gypI$OF T F ••.... ,p Walter J. Ksiazek *q)"* ISSTEQo'l * Registered Professional nd Surveyo (o. 5321 WALTER J: KSIAZEK % ;A9 5321 v• !•'�'�SS10�•'• SURVE Maz&Shipman,Ina Page 2 of 2 Project No.01995.0001tskl Plat&Description Fiffz & Shipman INC j EXHIBIT"A"-PAGE 3 OF 5 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0122 ACRE TRACT FOR A 10' WIDE WATERLINE EASEMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY, TEXAS AUGUST 7, 2006 EASEMENT 2 That certain 0.0122 acre tract for a 10-foot wide waterline easement out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.308 acre tract(Tract 2) ,conveyed to Charles S. Leyendecker, Trustee as recorded in Clerks File No. 2003053112 of the Official Public Records of Real Property of Jefferson County,Texas, said 0.0122 acres being more particularly described by metes and bounds as follows: Basis of Bearing is along the east right-of-way line of North Major Drive and the west line of the said 1.308 acre tract (Tract 2) having been called North 02 049'37"West 204.04 feet COMMENCING at a '/" capped iron rod found in the east right-of-way line of North Major Drive for the southwest comer of a called 15-foot wide utility easement recorded in Clerks File No. 2003045368 of the Official Public Records of Real Property of Jefferson County, Texas and the said 1.308 acre tract (Tract 2)from which a '/Z" capped iron rod set for the southeast comer of the said 1.308 acre tract(Tract 2) bears North 87 009'29" East 103.83 feet(called North .87 009'29" East); THENCE North 02 050'39"West along the said east right-of-way line of North Major Drive, the most southerly west line of the said 15-foot wide utility easement and the west line of the said 1.308 acre tract(Tract 2) a distance of 15.00 feet to a point for an exterior comer of the said 15- foot wide utility easement; THENCE North 87 009'29" East along an interior,line of the said 15-foot wide utility easement a ;distance of 165.48 feet(called North 87°09'38' East) to a point for the southwest comer of the said 0.0122 acre tract and the POINT OF BEGINNIIIRG; THENCE North 02°50'39"West a distance of 53.00 feet to a point for the northwest comer of the said 0.0122 acre tract; THENCE North 87°09'29" East a distance of 10.00 feet.to a point for the northeast comer of the said 0.0122 acre tract; - THENCE South 02 050'39" East a distance of 53.00 feet to a point in the said interior line of the 15-foot wide utility easement for the southeast comer of the said 0.0122 acre tract FaTz&Shipman,Inc. Page 1 of 2 Project No.01995.000 R U Plat&Description 1405 Comerstone:Court, Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303 Eli Mrr"A"-PAGE 4 OF 5 THENCE South 87 009129"West along the said interior line of the15-foot wide utility easement a distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0122 acres of land, more or less. This Field Note Description is being submitted along with a plat based on a survey performed by Fittz &Shipman, Inc. during October 2003. Walter J. Ksiazek �.�.�OF 'rFk Re ,9istered Professional Land SurveyorNo. 5321 *y~•�G�stERFd9�,* i WALTER J. KSIAZEK 6321 „• b Q: ..,.. SUR'Xt ' r Fitz&Shipman,Ina Page 2 of 2 Project No-01995.0001tsk1A Plat&Description COMMENCING If EXHIBIT W—PAGE 5 OF 5 POINT I I NOW OR FORMERLY EASEM84T 1 I I LATE%INVESTORS.LP. FOUND 1/2- REMAINDER OF 200.616 ACRES CAPPED II CLERKS FILE N0. 2000021770 OPRRPJC ItON ROD SET 1/2' 87'N09 5$'1 E 279118) CA PED ROD N 87'09'15" E 165.35 Lt 13 UTILITY EASEMENT— ———— (CALLED N 17'09'44" E) I I CLERKS FILER.R. 2003045M1, II i I_j POINT OF II BEGINNING I II EASEMENT 1 Li (I 0.0122 ACRE L3 I1 I I I1 0 30 60 of ~ S C A L E CHARLES S. LEYENDECKER, TRUSTEE O .. WTI CLERKS FILE NO.2003053112 O.P.R.R.P.&C. b OD to I i (CALLED TRACT 1-1.301 ACRES) 3 09 -I1 �3t I F- mp:" O �' 1 1 Z C=.0 I1 FOLSOM APARTMENT DEVELOPMENT, LTD. O 1 CLERKS FILE NO. 2001019223,O.P.R.R.P.J.C. c v Z I (REMAINDER OF A CALLED 11.1 ACRES) Ilw�g II�N^ CHARLES S. LEYENDECKER, TRUSTEE II CLERKS FILE NO. 2 003 05 311 2,O.P.R.R.P.J.C. (CALLED TRACT 2-1.305 ACRES) o i1 C4 I) I I I 1 I 1 L6 POINT OF COMMENCING i BEGINNING n E 1 EASEMENT 2 EASEMENT 2 0.0122 ACRE �I I� FOUND 1/2' I1 SET 1�. CAPPED I (CALLED N 67`09'38'E) I I 15'UTILI TY EASEMENT IRON R00 1r N 87'09'29 E 16$.48 CLERKS FEE NQ 2DO304s361. IRON CAPPEDD —I I —— 8 —— L8 d —————— ——— — ———— N 87'09'29" E 279.31 (CALLED N 8799'29"E 279.31) JEFFT?N COUNTY DRAINAGE D151RICT No. 6 CIERK'S FIE Na 20010404445 O.P.R.R.P.J.C. TRACT THREE 0.987 ACRES SURVEYOR'S CERTfICATO4: NUMBER DIRECTION DISTANCE I DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, L1 N 87109'15' E 10.00 THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTIO►,I MADE CALLED N 17109'44'E ON THE GROUND UNDER MY SUPERVISION DURING 2003. L2 S 02'50'39" E 53.00 S t.� OF Tie L3 —9--87--099-5-0 W 10.00 ,913TEa �p L4 N 02'50 39 W 53.00 WALTER J.KSIA2TX �' f ' * * L5 N 02'50'39 W 53.00 REGISTERED PROFESSIONAL SURVEYOR . s321 WATER J,KSIAZEK L6 N 87'09 29 E 10.00 6321 v• L7 S 0230 39 E 53.00 r8-7 87'09'29 W 10.00 (�•��.. *0 CALLED S 8799.31•W 'y SURW 0:\PROJECTS\01995\01995-001\TASK 1\99508mg06.d" Aug 07. 2001 02:17pm Fittz&Shipman 10' WIDE WATERLINE EASEMENTS SHEET NO. INC PROJECP NAPE: EAGLES LANDING. PHASE TWO 3980 NORTH MAJOR DRIVE 1405 CORNERSTONE COURT.BEAUMONT. TEXAS BEAUILONT, JEF'F'ERSON COUNTY. TEXAS PROJECT NO. (409)632-7236 FAX(409)632-7303 DATE:8-01-06 01995.0001 E Cit of Beaumont y Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 11, 2006 REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to Encroach to LaTEX Investors,L.P. for a brick monument sign in the median of Pointe' Parkway. RECOMMENDATION LaTEX Investors,L.P.has submitted an application for a License to Encroach for a brick monument sign in the median of Pointe' Parkway. The encroachment is a three(3)foot high brick,monument sign,nineteen(19)feet in length in the median of Pointe'Parkway,twenty(20)feet north of Folsom Drive(6400 Block of Folsom). Administration recommends authorization to execute the License to Encroach. BACKGROUND The License to Encroach protects the City from liability and provides a thirty(30)day cancellation clause. BUDGETARY IMPACT There is a one time fee of$500 for the License to Encroach. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager and Public Works Director engmonument-sign-ib.wpd 11 September 2006 COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: A three foot (3') high brick, monument street sign nineteen (19) feet in length in the median of Pointe' Parkway, twenty (20) feet north of Folsom Drive(6400 block of Folsom). APPLICANT: Carroll &Blackman for LaTEX Investors, L. P. DATE OF DISTRIBUTION: August 29, 2006 DUE: September 12, 2006 1) Joris P. Colbert, City Engineer Date Received: 9-1-2006 Acceptance and Approval. 2) Jim Terry, Streets &Drainage Superintendent Date Received: 8-29-2006 Acceptance and Approval. 3) Jack Maddox, Fire Marshall Date Received: 8-29-2006 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 9-5-2006 Acceptance and Approval. 5) Stephen Richardson, Planning Manager Date Received: 8-29-2006 Acceptance and Approval. 6) Mark Horelica, Transportation Manager Date Received: 8-29-2006 Acceptance and Approval. No objections. 7) Richard Le Blanc, D.D.#6 Date Received: 8-29-2006 Acceptance and Approval. 8) Tyrone Cooper, Legal Department Date Received: 9-7-2006 Acceptance and Approval. For the Record:This is not in keeping with our license to encroach policy in that we typically do not allow an encroachment to be created. The policy is designed to acknowledge a condition of inadvertent encroachment. comments_summary_monument-sign RESOLUTION NO. WHEREAS, LaTEX Investors, L.P., has requested that the City of Beaumont grant a License to Encroach Agreement on the median of Pointe' Parkway,twenty(20)feet north of Folsom Drive (6400 Block of Folsom), for a three (3) foot high brick, monument sign, nineteen (19) feet in length, as shown in Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach with LaTEX Investors, L.P., for a three (3) foot high brick, monument sign, nineteen (19) feet in length, on the median of Pointe' Parkway, twenty (20) feet north of Folsom Drive (6400 Block of Folsom) as shown in Exhibit "A" attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for each License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - rwsr cnruw CAP(ammo) 6raCyc CAP °• 1 -j I I POINTE P AY iEnEw SXAW Fm III i IA F0LS0MME,UIM GROUP—� II II III II POINTE' PKWY II 3 I — v tin AUW — — — —_ I � ICI I I III - ol I - AnWAY LaTF'X I11�VE5TORS, of I pRomsm MOM/Muff s C -IU&ngEng&--.&Sw-y-- JJ 1Li T 11 3I20Fo?4 er San nG Beaunron�Tarws TTlOZ • .i LIW L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 19, 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, 4-7/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2007 Budget 2. Consider accepting the tax roll and establishing the property tax rate for the tax year 2006 (FY 2007) 3. Consider adopting the 2007 Capital Program 4. Consider approving a one year agreement with Blue Cross Blue Shield of Texas (BCBSTX)for employee medical and dental insurance 5. Consider approving an annual contract for container and solid waste collections at various city-owned facilities 6. Consider approving new rates for the rental of city recreation buildings COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Chief Magistrate James McNicholas City Magistrate Theodore Johns City Magistrate Craig Lively * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Entergy Gulf States, Inc. 7. Consider amending Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise payments 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 September 19,2006 Consider adopting the FY 2007 Budget • City of Beaumont -Z 31L Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 12, 2006 REQUESTED ACTION: Consider adopting the FY 2007 Budget RECOMMENDATION: Administration recommends Council adopt the FY 2007 Budget as submitted to Council on August 15, 2006. BACKGROUND Article VI, Section S of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states-that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." BUDGETARY IMPACT Proposed appropriation for all funds, net of a contingency, totals $195,044,300. Additionally, a contingency appropriation of$1,500,000 is made for the General Fund. PREVIOUS ACTION The FY 2007 Budget was submitted to Council on August 15, 2006, and reviewed during a work session on August 29, 2006. A public hearing was held on September 12, 2006, which ►net the requirements of the Charter and state law. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FORTHE FISCAL PERIOD BEGINNING OCTOBER 1, 2006 AND ENDING SEPTEMBER 30, 2007 IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1,2006 and ending September 30, 2007; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2006, and ending the 30th day of September, 2007, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $86,348,700 b. Debt Service 14,327,500 C. Water Utilities 32,115,200 d. Solid Waste Management 8,217,400 e. Hotel Occupancy Tax 2,588,200 f. Henry Homberg Golf Course 464,700 g. Municipal Transit 12,219,000 h. Other Special Revenue 10,927,800 i. Capital Reserve 5,209,900 j. Fleet Management 5,717,700 k. Employee Benefits 16,103,700 I. General Liability 804,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one line- item to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - GENERALFUND .'r� �,�,r.=., "�fa.s..;a � z,�;�a�."E"".�....:>;�" s.:...;s=,e � '•x., .= '��,:': '`L ;".�Z'''z �+.;�:, -sa.:..s,. :.sa,,,,..,.rt,�9. .�: x, #�•�.s" ';� �t,< ..�; xE•..;�+� < i3�€._=':z=�"�. STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Sales and use taxes $ 28,063,209 $ 28,215,000 $ 35,461,500 $ 31,261,500 Property taxes 17,344,733 19,939,000 19,844,000 19,206,000 Industrial payments 11,456,951 11,560,700 11,492,600 12,142,800 Gross receipts taxes 6,055,182 6,078,000 6,253,300 6,220,000 Utility fund in lieu 6,279,000 6,279,000 6,279,000 6,936,000 Charges for services 3,267,783 3,133,700 3,203,900 3,396,000 Fines and forfeits 1,719,191 1,750,000 2,378,400 1,925,400 Licenses and permits 1,260,307 1,325,900 1,427,500 1,300,000 Culture and recreation 715,840 660,300 371,100 504,000 Interest earnings 464,199 400,000 1,090,000 1,200,000 Miscellaneous revenues 892,128 737,300 965,100 847,100 Transfers in - - - 645,700 TOTAL REVENUES 77,518,523 80,078,900 88,766,400 85,584,500 EXPENDITURES Police 21,321,267 24,092,700 24,061,000 25,525,100 Fire 16,577,479 18,439,700 18,496,700 19,428,400 Public Works 8,904,594 10,426,900 10,556,200 16,028,500 Public Health 4,490,627 6,178,600 5,936,700 6,503,700 Event Facilities and Libraries 2,333,155 3,539,200 3,425,300 3,613,800 Parks and Recreation - - - 3,576,000 Finance 1,952,822 3,742,800 3,563,900 3,379,500 Technology Services 2,725,800 Executive Office 1,206,783 1,423,500 1,414,700 1,462,500 Human Resources 741,095 899,300 873,200 744,700 City Attorney 570,968 707,400 692,900 710,700 City Clerk 190,702 214,200 219,100 324,000 Internal Services 8,852,099 7,993,400 8,137,300 - TOTAL EXPENDITURES 67,141,591 77,657,700 77,377,000 84,022,700 OTHER USES Transfers out 8,297,888 2,406,000 8,406,000 2,326,000 TOTAL APPROPRIATIONS 75,439,479 80,063,700 85,783,000 86,348,700 EXCESS(DEFICIT) REVENUES OVER APPROPRIATIONS 2,079,044 15,200 2,983,400 (7f4;200) BEGINNING FUND BALANCE 11,083,128 12,844,518 13,162,172 16,145,572 Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000 Unreserved 11,662,172 11,359,718 14,645,572 13,881,372 ENDING FUND BALANCE $ 13,162,172 $ 12,859,718 $ 16,145,572 $ 15,381,372 EXHIBIT "A" DEBT SERVICE FUND nA, tq ., .„,AfX..;5, ..t,`;�#3:' :- .%ate,'> •. rr:u»- +a{,.y. ar_M :.�;» �?r,,tyr-mss, +",:7s"""S'�;,"...., ."s""?%' $ S'?';,arg e. '•s* ?= ,-= "! STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Property taxes $ 12,903,484 $ 12,399,000 $ 12,295,000 $ 12,948,000 Interest earnings 109,045 100,000 180,000 180,000 Miscellaneous revenues 337,942 333,100 333,100 339,300 Contributions from other funds 810,530 819,400 819,400 815,400 TOTAL REVENUES 14,161,001 13,651,500 13,627,500 14,282,700 EXPENDITURES Principal and interest 13,394,400 13,733,300 13,733,300 14,319,500 Service charges 7,558 8,000 8,000 8,000 Other operating expenses 351,235 - - - TOTAL EXPENDITURES 13,753,193 13,741,300 13,741,300 14,327,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 407,808 (89,800) (113,800) (44,800) BEGINNING FUND BALANCE 1,526,258 1,917,958 1,934,054 1,820,254 ENDING FUND BALANCE $ 1,934,066 $ 1,828,158 $ 1,820,254 $ 1,775,454 i WATER UTILITIES FUND � ?.,—a?;ei; �� ,la..;;:a» �..,t"s ,,.. a;r,;d`�'#', ....':: ##3?'.i?:v..`�' 4"�;.:€�.a�'^�-"u,ia.' `? i }�: "a�?#'r�;�.:s,��>x�•�..., ,3„�-.��`�: '3 �.-:+e?...�#�. '�'v. _,e-.:,s. STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Water sales $ 16,918,944 $ 16,200,000 $ 20,515,300 $ 21,269,300 Sewer charges 11,142,556 11,100,000 8,000,000 8,320,000 Other fees and charges 1,771,550 1,614,400 1,772,700 1,683,000 Interest 221,802 200,000 412,000 375,000 Miscellaneous revenues 37,715 10,200 64,000 9,000 TOTAL REVENUES 30,092,567 29,124,600 30,764,000 31,656,300 EXPENDITURES Wages 4,787,323 5,540,100 5,525,600 5,826,600 Benefits 1,561,593 2,787,800 2,815,900 2,840,800 Operating supplies 840,095 903,000 935,400 947,700 Repair and maintenance 2,272,436 2,666,400 3,297,900 2,909,500 Utilities 1,986,845 1,924,600 2,487,300 2,395,100 Contract services 388,456 450,200 632,400 531,300 Capital 1,308,939 3,811,200 2,586,900 1,761,300 Debt service 7,896,266 8,120,500 8,121,800 9,022,900 Payment in lieu of taxes 4,973,000 4,973,000 4,973,000 5,630,000 Transfers to other funds 1,324,100 250,000 600,000 250,000 TOTAL EXPENDITURES 27,339,053 31,426,800 31,976,200 32,115,200 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 2,753,514 (2,302,200) (1,212,200) (458,900) BEGINNING FUND BALANCE 7,730,393 8,302,193 10,483,907 9,271,707 Unreserved 10,483,907 5,999,993 9,271,707 8,812,807 ENDING FUND BALANCE $ 10,483,907 $ 5,999,993 $ 9,271,707 $ 8,812,807 i SOLID WASTE FUND .=+d? trx 3�''Ta»,. t R: <,�'7,.s. •'^':.,r ', ,:e;.?� b�' �'";+ t�;� c-r.�z°`.s� �.v`-Y' ,� �.asdt7,"-�"`.,? ",.°zr �'.,,:��,P c....�"��;. .°a �-' �_ ��'�S" STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Residential collections $ 5,119,429 $ 5,600,000 $ 5,450,000 $ 5,600,000 Landfill fees 1,938,008 1,650,000 4,100,000 1,800,000 Interest earnings 42,856 40,000 68,000 50,000 Miscellaneous revenues 240,213 55,000 62,100 2,500 Proceeds from capital leases 285,994 885,000 - - TOTAL REVENUES 7,626,500 8,230,000 9,680,100 7,452,500 EXPENDITURES Wages 2,111,918 1,801,400 2,239,400 1,864,700 Benefits 680,920 974,900 1,062,700 994,500 Operating supplies 766,090 753,800 965,500 879,400 Repair and maintenance 1,176,992 1,255,500 1,454,500 1,425,900 Utilities 38,118 49,300 42,900 44,400 Contract services 450,915 90,000 116,000 222,300 Capital 934,117 1,285,000 1,370,400 734,400 Debt service 763,154 683,700 683,700 670,800 Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,306,000 Transfers to other funds 619,400 75,000 225,000 75,000 TOTAL EXPENDITURES 8,847,624 8,274,600 9,466,100 8,217,400 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES (1,221,124) (44,600) 214,000 (764,900) BEGINNING FUND BALANCE 3,060,860 2,007,285 1,839,736 2,053,736 Unreserved 1,839,736 1,962,685 2,053,736 1,288,836 ENDING FUND BALANCE $ 1,839,736 $ 1,962,685 $ 2,053,736 $ 1,288,836 II HOTEL OCCUPANCY TAX FUND !n" a; i STATEMENT OF REVEN';UES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Gross receipts taxes $ 1,902,431 $ 1,850,000 $ 2,289,400 $ 2,078,800 Interest earnings 6,160 3,000 17,500 7,000 Miscellaneous revenues 39,562 21,500 61,500 21,500 TOTAL REVENUES 1,948,153 1,874,500 2,368,400 2,107,300 EXPENDITURES Convention and Visitors Bureau 1,007,281 1,073,300 1,091,800 1,527,500 Convention Facilities 674,185 610,700 562,500 - Designated Programs 265,000 385,000 280,000 415,000 Transfers to Other Funds - - - 645,700 TOTAL EXPENDITURES 1,946,466 2,069,000 1,934,300 2,588,200 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 1,687 (194,500) 434,100 (480,900) BEGINNING FUND BALANCE 287,062 258,312 288,749 722,849 Unreserved 288,749 63,812 722,849 241,949 ENDING BALANCE $ 288,749 $ 63,812 $ 722,849 $ 241,949 Convention&Tourism Personnel FY 2005 FY 2006 FY 2007 Exempt 6 6 8 Office/Clerical 2 2 1 8 8 9 HENRY HOMBERG GOLF COURSE FUND . .. ;xtrfut - `� n: :? :;� '. " '. c.. .;'g, M1?r%' �' '•{z. .,«.s,,v ,s '9±":y.#aim m`?;.. , STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Charges for services $ 371,482 $ 415,000 $ 339,600 $ 388,000 Interest - - 1,200 1,200 Miscellaneous revenues 40,184 49,000 39,400 44,000 Transfers in - - - 35,000 TOTAL REVENUES 411,666 464,000 380,200 468,200 EXPENDITURES Wages 157,073 161,100 183,100 190,900 Benefits 20,794 41,000 46,700 56,400 Operating supplies 43,846 50,100 47,200 55,600 Repair and maintenance 50,636 69,200 40,000 50,000 Utilities 14,455 17,800 18,500 18,000 Contract services 13,353 19,600 15,700 18,100 Debt service 63,037 75,700 75,700 75,700 TOTAL EXPENDITURES 363,194 434,500 426,900 464,700 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 48,472 29,500 (46,700) 3,500 EGINNING FUND BALANCE - 31,100 48,472 1,772 Unreserved 48,472 60,600 1,772 5,272 ENDING FUND BALANCE $ 48,472 $ 60,600 $ 1,772 $ 5,272 0 MUNICIPAL TRANSIT FUND ;' ..q g:. .:'. �.,�"Y''�;".,#,.Trv,':':� _ e"s1�'�:' '�°'' t %�? � _..,:. '3.rr"s.,ta,:,�Yaa€;,;�a,:�:�4�.,s?..r..�°7»',"£#'�� �,_��'.,..§n:,:.n„ E.:E r .F '':'.�vk..., t.*i• :$;�,a:..r.,,.:�'� STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Service charges $ 671,731 $ 625,000 $ 590,000 $ 675,000 Intergovernmental revenues 1,398,351 8,793,000 1,961,000 10,466,900 Interest - - 4,100 - Miscellaneous revenues - - - 90,000 Transfers in 1,300,000 1,396,000 2,196,000 1,396,000 TOTAL REVENUES 3,370,082 10,814,000 4,751,100 12,627,900 EXPENDITURES Contract services 4,004,767 3,950,000 4,235,000 3,950,000 Capital outlay - 6,872,600 220,500 8,269,000 TOTAL EXPENDITURES 4,004,767 10,822,600 4,455,500 12,219,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (634,685) (8,600) 295,600 408,900 BEGINNING FUND BALANCE (36,995) (175,195) (671,680) (376,080) Unreserved (671,680) (183,795) (376,080) 32,820 ENDING FUND BALANCE $ (671,680) $ (183,795) $ (376,080) $ 32,820 SPECIAL REVENUE AND OTHER FUNDS A� »..: :s,, ,.,.;` STATEMENT OF REVENUES AND EXPENDITURES Balance FY 2007 Balance 10/01/06 Revenues Approp. 09130107 Confiscated Goods $ 100,000 $ 16,000 $ 116,000 $ - Municipal Airport 6,300 120,200 126,500 - Texas Motor Carrier Violations 27,500 46,000 73,500 Municipal Court Security Fee 31,400 75,500 106,900 - Municipal Court Technology 326,400 112,800 439,200 - Municipal Court Juvenile Case Manager 1,100 48,000 49,100 - Rita Recovery 3,293,100 5,800,000 9,093,100 Library Grants - 17,400 17,400 - Julie Rogers Theatre Endowment 248,800 80,000 228,800 100,000 (1) Tyrrell Historical Library 109,400 2,000 111,400 - Expendable Trust 277,500 34,000 311,500 Library Trust 179,900 6,500 186,400 - Library Endowment 811,900 18,000 55,000 774,900 (1) Historical Fire Museum 3,900 9,100 13,000 - TOTAL $ 5,417,200 $ 6,385,500 $ 10,927,800 $ 874,900 (1) Unexpendable endowment CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Fleet rental $ 1,469,600 $ 1,234,800 $ 1,234,800 $ 1,128,400 Interest earnings 65,159 40,000 75,000 50,000 Miscellaneous revenues 4,818 - - - Transfers in 220,512 525,000 4,725,000 400,000 Proceeds from capital lease 386,641 1,106,000 621,700 - TOTAL REVENUES 2,146,730 2,905,800 6,656,500 1,578,400 I EXPENDITURES Improvements 648,696 609,500 550,900 1,045,800 Equipment 467,237 829,700 1,166,400 960,900 Vehicles 1,310,105 1,859,500 1,770,200 2,302,600 Debt service 749,304 837,400 837,400 900,600 TOTAL EXPENDITURES 3,175,342 4,136,100 4,324,900 5,209,900 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES (1,028,612) (1,230,300) 2,331,600 (3,631,500) BEGINNING FUND BALANCE 2,901,555 1,781,555 1,872,943 4,204,543 Unreserved 1,872,943 551,255 4,204,543 573,043 OENDING FUND BALANCE $ 1,872,943 $ 551,255 $ 4,204.543 $ 573,043 FLEET MANAGEMENT FUND TT STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES User fees 5,188,557 5,093,400 5,433,800 5,769,700 Interest earnings 8,237 1,500 5,000 2,000 Miscellaneous revenues 467 - - - TOTAL REVENUES 5,197,261 5,094,900 5,438,800 5,771,700 EXPENDITURES Wages 920,144 1,077,100 1,069,500 1,139,100 Benefits 287,129 524,800 528,400 540,000 Operating supplies 1,461,316 1,343,800 1,343,100 1,561,300 Repair and maintenance 1,543,925 1,598,200 1,794,200 1,819,700 Utilities 50,465 52,200 54,000 55,400 Contract services 541,830 538,000 722,200 573,100 Equipment 115,622 35,100 48,700 29,100 Transfers out 192,500 - - - TOTAL EXPENDITURES 5,112,931 5,169,200 5,560,100 5,717,700 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 84,330 (74,300) (121,300) 54,000 BEGINNING FUND BALANCE 550,042 685,542 634,372 513,072 Reserved for inventory 350,000 350,000 350,000 350,000 Unreserved 284,372 261,242 163,072 217,072 ENDING FUND BALANCE $ 634,372 611,242 513,072 567,072 EMPLOYEE BENEFITS FUND On,r a,:,t `" '?�„ `•^ .,3. � ,.;,,ht � E`=.r "? -'ice ,, :.g., . .-,c- .,df;, 'r:^r .'p' •,:: t. ,... STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Service charges ' $ 11,788,483 $ 12,055,500 $ 12,055,500 $ 12,329,500 Employee contributions 2,138,482 2,178,100 2,175,750 2,350,000 Interest 103,571 120,000 215,000 175,000 Miscellaneous revenues - 8,900 - insurance recoveries 290,036 75,000 - - TOTAL REVENUES 14,320,572 14,428,600 14,455,150 14,854,500 EXPENDITURES Health Standard indemnity plan 5,443,446 5,850,000 5,825,000 6,435,000 Managed health organization 3,656,066 4,100,000 3,910,000 4,600,000 Health prescriptions 1,807,040 2,000,000 2,050,000 2,350,000 Dental 683,808 787,100 697,000 760,000 Other benefits 98,169 212,500 175,200 192,400 Total 11,688,529 12,949,600 12,657,200 14,337,400 Worker's Compensation Third party administration 61,067 62,400 62,400 62,400 Claims paid 564,872 1,000,000 700,000 1,000,000 Excess insurance 76,500 85,000 76,500 85,000 Safety management 126,373 163,500 153,900 168,900 Is Total 828,812 1,310,900 992,800 1,316,300 General Unemployment 92,830 100,000 92,000 100,000 Short-term disability 259,111 350,000 310,000 350,000 Total 351,941 450,000 402,000 450,000 TOTAL EXPENDITURES 12,869,282 14,710,500 14,052,000 16,103,700 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 1,451,290 (281,900) 403,150 (1,249,200) BEGINNING FUND BALANCE 2,402,023 3,029,323 3,853,313 4,256,463 Unreserved 3,853,313 2,747,423 4,256,463 3,007,263 ENDING FUND BALANCE $ 3,853,313 $ 2,747.423 $ 4,256,463 $ 3,007.263 Included as Service charges are amounts which were budgeted and reported as Interdepartmental transfers in prior years. GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2005 FY 2006 FY 2006 FY 2007 REVENUES Interest $ 15,247 $ 12,500 $ 35,000 $ 15,000 Transfers in 1,150,000 775,000 775,000 775,000 TOTAL REVENUES 1,165,247 787,500 810,000 790,000 EXPENDITURES Professional services 162,179 100,000 100,000 100,000 Claims paid 805,868 900,000 625,000 700,000 Other insurance 4,137 4,500 4,200 4,500 TOTAL EXPENDITURES 972,184 1,004,500 729,200 804,500 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 193,063 (217,000) 80,800 (14,500) BEGINNING FUND BALANCE 771,111 449,411 964,174 1,044,974 Reserved for unpaid claims - - - - Unreserved 964,174 232,411 1,044,974 1,030,474 ENDING FUND BALANCE $ 964,174 $ 232,411 $ 1,044,974 $ 1,030,474 w 2 September 19, 2006 Consider accepting the tax roll and establishing the property tax rate for the tax year 2006 (FY 2007) s ! City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 12, 2006 REQUESTED ACTION: Consider accepting the tax roll and establishing the property tax rate for the tax year 2006 (FY 2007). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.659 for the tax year 2006(FY 2007).The tax rate would be apportioned $0.394553 to the General Fund and $0.264447 to the Debt Service Fund. This distribution represents a shift of 1.3 cents of the dedicated tax rate from the General Fund to the Debt Service Fund. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 60'day after the taxing unit receives the appraisal roll. Additionally, state law requires the adoption of the Budget before the tax rate. BUDGETARYIMPACT Property tax revenue in the FY 2007 Budget is calculated at the rate of$0.659 per$100 in assessed value.This rate,applied to the certified tax roll of$4,864,220,755 plus minimum values omitted due to protests at a collection rate of 97%, generates approximately $31,244,000 for the General and Debt Service Funds combined. PREVIOUS ACTION According to state law,a public hearing was not required because the proposed tax rate of$.659000 was less than the effective tax rate of$.673259 and the rollback tax rate of$.737280. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2006; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 26, 2006 to be $4,864,220,755; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.659 per each $100 of value for the tax year 2006 (FY 2007) should be established based upon said roll; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$4,864,220,755 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2006(FY 2007), for municipal purposes only, an ad valorem tax rate of$0.659 on each $100 worth of property located within the city limits of the City of Beaumont made shall be for the purposes hereinafter set taxable by law, which said taxes, when collected, p p forth as follows: General Fund $0.394553 Debt Service Fund $0.264447 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 p arts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - STATE OF TEXAS ) COUNTY OF JEFFERSON ) ii CERTIFICATION OF 2006 APPRAISAL ROLL FOR City of Beaumont I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 26, 2006 Date Roland R. Bieber,RPA Chief Appraiser Jefferson County Appraisal District 2006 APPRAISAL ROLL INFORMATION 2006 Gross Value $5,398,680,800 2006 Gross Taxable Value(Net Appraised) $5,036,505.495 Total Number of Accounts 63,184 #of Accounts with Homestead Exemption 24,291 #of Accounts with Over-65 Exemption 8.004 #of Accounts with Disabled Exemption 1251 #of Accounts with Veterans Exemption 650 #of Agriculture-Use Accounts 235 #of Exempt Accounts 4,021 - 2006 Taxable Value $4,864,220,755 RECEIVED BY: DATE: EXHIBIT "A" 3 September 19, 2006 Consider adopting the 2007 Capital Program • � mont Cat of Beau Council Agenda Item il TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 12, 2006 REQUESTED ACTION: Consider adopting the 2007 Capital Program RECOMMENDATION: Administration recommends Council adopt the 2007 Capital Program as submitted to Council May 12, 2006 and updated August 15, 2006. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27th) day of the last month of the current fiscal year." BUDGETARY IMPACT In the 2007 Capital Program, projects in the design or construction phase total $264,270,000 and include $74,700,000 in Water and Sewer projects, $34,060,000 in General Improvement projects and $155,510,000 in Public Works. Projects in the planned phase total $182,570,000 which includes $138,970,000 in Public Works projects, $9,430,000 in General Improvements and $34,170,000 in Water and Sewer projects. The total capital program cost for all projects in the design or construction phase and the planned phase is $446,840,000. PREVIOUS ACTION The Capital Program was originally submitted to Council on May 12, 2006. It was revised and submitted to Council on August 15, 2006, and reviewed during a work session on August 29, 2006.A public hearing was held on September 12, 2006. SUBSEQUENT ACTION None. 0 RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2007 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A". A public hearing was held at 1:30 PM on September 12, 2006 in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - PUBLIC WORKS PROJECTS FY 2007-2011 Recommended Time Schedule Design or Construction Phase Estimated Cost FY 2007-2009 Babe Zaharias Drive $ 1,350,000 Brakes Bayou 1,150,000 111 Calder- Main to Phelan 47,160,000 [21 Cartwright/Corley-Ditch 100d 1,200,000 131 Concord IV - E.Lucas to Hwy. 105 11,500,000 [4] Ditch No.117 740,000 [71 Dowlen - College to Walden 9,700,000 (51,161 Dowlen - US 69 N to Delaware 10,100,000 [51 Downtown Improvements Pearl - College to Calder 2,100,000 Neches - College to Laurel 1,400,000 Willow and Park - College to North 2,350,000 [71 Pearl Street - Calder to North 540,000 Future Improvements 2,400,000 Fannett Road 600,000 (51 GrifBng Ditch 350,000 181 Hayes Gully 2,790,000 191 Illuminated Street Markers Signalized Intersections-160 Locations 1,000,000 Laurel - IH-10 to Office Park 4,480,000 [5] Main - Calder to Blanchette 5,500,000 North Street - ML King to Twenty-Third 7,200,000 Old Dowlen - Dowlen to Hwy. 105 5,000,000 1101 Phelan - Major to Keith 4,000,000 Rolfe Christopher - US 69 S to Virginia 4,000,000 School Sidewalk Program 500,000 Seventh Street - IH-10 to Laurel 4,000,000 Street Rehabilitation 5,000,000 Washington - IH-10 to ML King 14,900,000 Washington - Langham to Major 3,900,000 [51,[11] Wendelin/Kelly 600,000 Total Design or Construction Phase $ 155,510,000 Planned Projects FY 2007-2011 Avenue A-Washington to U.S.69 S $ 7,000,000 Caldwood Outfall 5,230,000 College Street - IH-10 to Goliad 7,320,000 Delaware - Concord to Dowlen 11,520,000 Dowlen - Delaware to Gladys 7,150,000 East Lucas-U.S.69 N to Pine Street 12,000,000 Eleventh Street - Washington to US 69 15,000,000 Fannin Street-4th to 11 th 6,000,000 Gladys Street - IH-10 to Dowlen 8,000,000 High School Ditch 8,700,000 Madison - Irving to Grove 2,350,000 Magnolia - Liberty to E Lucas 12,600,000 Moore Street Relief 5,600,000 North Main Street - Calder to RR Tracks 1,800,000 Phelan - IH-10 to Dowlen 15,600,000 Pine Street - IH-10 to Crockett 3,600,000 School Sidewalk Program 2,000,000 South Park Relief 7,500,000 - Total Planned Projects $ 138,970,000 -- Grand Total $ 294,480,000 111 This is a participation project with the Water Development Board and DD#6.The grant is a pass through with no cost to the City. [2]Includes FEMA Funding of$23,665,180 and other potential funding of$1,950,000.The estimated cost to City is$21,539,820 [31 This is a joint participation project with DD#6.The estimated cost to the City is$1,200,000 [4]Includes Federal Highway Administration funding of 80 percent up to$7,375,000. Construction start is September 2007. [51 Air Quality issues will not be determined until a later date and could effect project timeline. [6]Includes Federal Highway Administration Funding of$2,764,800. (71 Includes Federal Highway Administration Funding of$512,000 for the section of Willow between North and Crockett [8]This is a participation project with DD#6.The estimated Cost to the City is$350,000. [9]This is a participation project with the Texas Water Development Board and DD#6.The estimated cost to the City is$696,200. [101 Includes TxDOT funding of 80 percent up to$2,400,000 for both phases. TxDOT construction start date for phase 11 is 2007. [111 Includes Federal Highway Administration Funding of$3,080,000 EXHIBIT "A" GENERAL IMPROVEMENT PROJECTS FY 2007-2011 Recommended Time Schedule Desian or Construction Phase Estimated Cost FY 2007-2009 Alice Keith Park Playground Renovations $ 100,000 Athletic Complex Softball Field Lighting 700,000 City Hall Rooftop Air Handler 440,000 Community Facilities Alice Keith Park 600,000 Central Park 600,000 Rogers Park 600,000 North End Location 600,000 Sprott Park 80,000 Demolition of Public Facilities&Commercial Structures 3,000,000 Detention Facility Hike&Bike Trail 720,000 Development Services Center/City Hall 250,000 Downtown Event Center&Lake Park 6,500,000 EMS Medic Station 2 400,000 Fire Fleet Maintenance Shop 460,000 Fire Station Relocation/Administration 4,590,000 JP Richardson Building Renovations 100,000 Julie Rogers Theatre 3,600,000 [1] Main Library Improvements 200,000 Martin Luther King,Jr.Park 750,000 911 Operations Center 2,310,000 [2] Police Department Property Building 800,000 Public Safety Communication Hardware/Software 3,000,000 [3] Rogers Park Walking Trail&Parking Lot 200,000 Tyrrell Historical Library Addition 1,930,000 Visitor Center/CVB 1,530,000 Total Design or Construction Phase $ 34,060,000 FY 2007-2011 Planned Projects Athletic Complex Restroom Facilities 380,000 Fire Station Driveway Replacements 150,000 Fleet Parking Lot 1,500,000 Public Health Department Building 2,500,000 Riverfront Park Improvements 2,000,000 Senior Center 2,300,000 Tyrrell Park Community Building and Improvements 600,000 Total Planned Projects $ 9,430,000 Grand Total $ 43,490,000 [1]Includes insurance and funding from other sources [2]Includes Federal Grant of$68,000 [3]Includes Federal Grant of$892,000 III WATER AND SEWER PROJECTS FY 2007-2011 Recommended Time Schedule Design or Construction Phase Estimated Cost FY 2007-2009 Master Plan for Water&Sewer System $ 400,000 Water Projects: 2 MG Elevated Storage Tank on Dishman 2,800,000 36"Transmission Line 6,400,000 Automatic Flushing 100,000 Dredge Ponds 1 &2 Wastewater Treatment Plant 1,200,000 Initial Distribution System Evaluation(IDSE) 100,000 Leak Detection Project 350,000 Northwest Elevated Storage Tank Rehabilitation 620,000 Water Line Extension on IH-10(between Brooks&Walden) 890,000 Water Line Extensions/Replacement 3,000,000 Water Plant Improvements-Phase 1 7,000,000 Water Plant Improvements-Phase II 3,000,000 Wiess Bluff Bank Stabilization 1,500,000 Ill Sewer Projects: 54"Central Trunk Rehabilitation 5,500,000 54"West Trunk Outfall-Phase 1 2,330,000 54"West Trunk Outfall-Phase II 1,620,000 60"Trunk Line Rehabilitation 3,390,000 Ammonia Addition to Loeb Well 250,000 Degritter-Waste Water Treatment Plant 1,210,000 Filter Rehabilitation-Wastewater Treatment Plant 1,900,000 Florida Lift Station 510,000 Generator(2)Installation-Wastewater Treatment Plant 2,500,000 Grit Pumps Replacement-Wastewater Treatment Plant 150,000 Lift Station Repairs 900,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 6,000,000 Sanitary Sewer Line Extension on IH-10(between Walden&Brooks) 890,000 Wetlands Evaluation-Phase 1 170,000 Wetlands Evaluation-Phase II 200,000 Wetlands Rehabilitation 3,000,000 Water/Sewer for Street Projects: Calder-Main to Phelan 2,080,000 Concord Road-Phase IV-East Lucas to Hwy. 105 1,140,000 Dowlen Road-College to Walden 1,560,000 Dowlen Road-US 69 N to Delaware 910,000 Downtown Improvements: Neches-Laurel to College 210,000 Willow and Park-North to College 700,000 Pearl Street-Calder to North 140,000 Laurel-IH-10 to Office Park 490,000 Main Street-Calder to Blanchette 840,000 North Street-ML King to Twenty-Third 960,000 Old Dowlen-Dowlen to Hwy. 105 530,000 Pearl Street-College to Calder 410,000 Phelan Blvd.-Major to Keith 720,000 Rolfe Christopher-US 69 S to Virginia 330,000 Seventh Street-IH-10 to Laurel 510,000 Tyrrell Park Road Resurfacing 1,560,000 - Washington-IH-10 to ML King 2,000,000 Washington-Langham to Major 1,730,000 Total Construction Phase $ 74,700,000 Water Utilities Continued Recommended Time Schedule Planned Projects FY 2007-2011 0 Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 4,000,000 Waste Water Treatment Plant Ground Improvements 1,000,000 Water Line Extension/Replacement 2,000,000 Water Plant Improvements-Phase II 15,000,000 Water/Sewer for Street Projects: Avenue A-Washington To US 69 S 650,000 College Street-IH-10 to Goliad 840,000 Delaware-Concord to Dowlen 2,730,000 Dowlen Road-Delaware to Gladys 630,000 E. Lucas-US 69 N to Pine 1,920,000 Eleventh Street-US 69 N to Washington 440,000 Gladys Street-IH-10 to Dowlen 1,280,000 Madison-Irving to Grove 110,000 Magnolia-Liberty to E.Lucas 1,770,000 North Main Street-Calder to Railroad Tracks 170,000 Phelan Blvd-I1-1-10 to Dowlen 590,000 Pine Street-IH-10 to Crockett 440,000 Total Planned Projects $ 34,170,000 Grand Total $ 108,870,000 [1[Includes funding from Natural Resources and Conservation Services.Cost to City is$500,000 • 4 September 19, 2006 Consider approving a one year agreement with Blue Cross Blue Shield of Texas(BCBSTX)for employee medical and dental insurance :V~1 0.1 City of Beaumont ter• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 12 , 2006 REQUESTED ACTION: Council approval of a one year agreement with Blue Cross Blue Shield of Texas (BCBSTX) for employee medical and dental insurance. RECOMMENDATION Administration recommends that council award to Blue Cross Blue Shield of Texas(BCBSTX)a one year contract effective January 1, 2007 for third party administration of the City's fully insured Health Maintenance Organization(HMO Blue Texas),self funded Preferred Provider Organization(PPO)medical plan and a self funded dental plan. BACKGROUND Full time city employees are offered medical and dental benefits.The medical and dental benefits consist of a fully insured HMO plan, a self funded PPO plan and a self funded dental plan. There are 530 participants enrolled in the HMO plan,consisting of 456 active employees,73 retirees,and 1 COBRA participant.There are 835 participants enrolled in the PPO plan,consisting of 729 active employees and 106 retirees. In the dental plan, there are 920 active employees. In June 2006,City staffbegan analyzing the City's health care costs. Staff also began working with the City's health benefit consultant,McGriff,Siebels and Williams of Texas,Inc.,to determine ifthe City should request bid proposals for the City's HMO,PPO, and dental plans or remain with the current administrator,BCBSTX for 2007.The City has the option to negotiate new rates with BCBSTX without seeking bids because the prior year bid states the City has the option to request renewal rates from the current administrator,BCBSTX. The current agreement with BCBSTX started January 1,2006 and can be renewed for up to 5 years. After researching the various plans offered in the area,McGriffconcluded that BCBSTX offered the most cost effective plans.Because of BCBSTX's extensive network,deep provider discounts,ability to retain continuity of insurance and the lack of other extensive provider networks,staffrecommends renewal with BCBSTX. Initial renewal rates submitted by BCBSTX for the fully insured HMO plan increased 17.6%. PPO fixed costs increased 3%due to a slight increase in the reinsurance/stop loss rates.Renewal rates for the self funded dental plan did not increase.Final negotiations resulted in the HMO plan renewal being held to a 12.1%increase.This increase was a function of increasing utilization,rising trend factors and increasing provider reimbursements. McGriff recommends that the City remain with BCBSTX because it offers cost effective plans with an extensive network and deep provider discounts. The projected medical rate increase is within industry trends. Staff recommends implementation of the following rates to be paid by the City for HMO coverage and PPO administration effective January 1, 2007: 2006 Monthly HMO Rates 2007 Monthly HMO Rates Employee Only $263.76 $295.67 Employee+ 1 Dependent $635.63 $712.54 Employee+Family $904.63 $1014.09 2006 Monthly PPO Stop Loss 2007 Monthly PPO Stop Loss and Administration Rates and Administration Rates Employee Only $57.17 $58.30 Employee+ 1 Dependent $77.88 $80.65 Employee+Family $77.88 $80.65 2006 Monthly Dental Rates 2007 Monthly Dental Rates Employee Only $5.66 $5.66 Employee+ 1 Dependent $5.66 $5.66 Employee+Family $5.66 $5.66 Budgetary Impact Appropriation of funds is available in the Employee Benefits Fund. Previous Action Previous contract was awarded to BCBSTX on January 1, 2006. Subsequent Action None. Recommended By C i ty Manager and Chief Financial Officer. g RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, City Council approved Resolution No. 05-190 on August 30, 2005, authorizing the City Manager to enter into a one-year contract with an optional annual renewal not to exceed a total of five (5) years commencing January 1, 2006 to provide third-party administration of the City's self-funded Preferred Provider Organization (PPO) medical plan,self-funded dental plan and a fully-insured Health Maintenance Organization (HMO) with HMO Blue Texas; and, WHEREAS, the City wishes to exercise its option to renew the contract for an additional one (1) year term: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to exercise a contract renewal with Blue Cross Blue Shield of Texas(BCBSTX)for a one-year contract with additional optional annual renewals not to exceed a total of four (4) years commencing January 1, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - • 5 September 19, 2006 Consider approving an annual contract for container and solid waste collections at various city- owned facilities 11705mi City of Beaumont Council Agenda Item � c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant,Chief Financial Officer MEETING DATE: September 19,2006 AGENDA MEMO DATE: September 13, 2006 REQUESTED ACTION: Council consider an annual contract for container and solid waste collections. RECOMMENDATION Administration recommends awarding an annual contract to Waste Management of Beaumont,Texas for container and solid waste collection services for the unit prices shown on the attached tabulation. BACKGROUND Refuse container and collection services are required at approximately thirty-one (3 1) sites throughout the City. The size of refuse containers required at each location range in size from two (2)to ten(10)cubic yards and the collection frequency rates typically range from one(1)to four(4) times per week. Bid specifications stated the size of containers currently used and the frequency of collections currently required by the City. The specifications allow the City to add or delete containers and change locations or container sizes as needed. The award of the bid is based on the number of containers and locations currently being serviced. The following bids were received: VENDOR ESTIMATED MONTHLY COST Waste Management, Beaumont, TX $5,940.57 IESI Corporation, Kountze, TX $6,980.35 BFI Waste Services of Texas, Beaumont, TX $7,950.00 The monthly cost of last year's contract with Waste Management was approximately$3,535.38. The significant increase is attributed to an increase in fuel costs. Annual Contract for Container and Solid Waste Collection September 13,2006 Page 2 BUDGETARY IMPACT Funds are available in various departmental operating budgets in the General Fund and in the Fleet Fund, Water Utilities Fund, and the Henry Homberg Golf Course Fund. The estimated annual expenditure is$71,286.84. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY: City Manager,Public Works Director,and Chief Financial Officer. BID TA ION: CONTAINER AND SOLID WASTE COLLECTION PAGE 1 BID OPENING DATE: SEPTEMBER 7, 2006 2 PM BID NUMBER: TF0806-56 MONTHLY PRICES: WASTE MANAGEMENT Beaumont, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $19.23 $38.45 $57.67 $76.90 $96.12 $115.35 4 CUBIC YARDS $38.45 $76.90 $76.90 $153.80 $192.25 $230.70 6 CUBIC YARDS $57.67 $115.35 $173.02 $230.70 $288.37 $346.05 8 CUBIC YARDS $76.90 $153.80 $230.70 $307.60 $384.50 $461.40 10 CUBIC YARDS $96.13 $192.25 $288.38 $384.50 $480.63 $576.75 IESI Kountze, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $41.13 $77.94 $114.31 $147.22 $181.86 $207.84 4 CUBIC YARDS $69.28 $135.56 $201.10 $265.12 $325.40 $395.68 6 CUBIC YARDS $84.44 $155.00 $238.00 $305.00 $379.00 $445.00 8 CUBIC YARDS $95.00 $170.00 $250.00 $345.00 $435.00 $530.00 10 CUBIC YARDS $110.00 $205.00 $308.00 $415.00 $525.00 $605.00 BFI Beaumont, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $67.00 $112.00 $157.00 $203.00 $248.00 $294.00 4 CUBIC YARDS $79.00 $137.00 $195.00 $253.00 $311.00 $369.00 6 CUBIC YARDS $89.00 $157.00 $228.00 $297.00 $357.00 $429.00 8 CUBIC YARDS $109.00 $187.00 $265.00 $341.00 $421.00 $499.00 10 CUBIC YARDS $140.00 $249.001 $358.001 $466.00 $575.00 $685.00 BID TAB&ION: CONTAINER AND SOLID WASTE COLLECTION S PAGE 2 BID OPENING DATE: SEPTEMBER 7, 2006 2 PM BID NUMBER: TF0806-56 MONTHLY PRICES: TYPICAL PLACEMENT: LOCATION SIZE QTY PICK-UPS WASTE IESI BFI (CU.YD.) PER WEEK MNGT City Hall 10 1 3 $288.38 $308.00 $358.00 Building Services 10 1 1 $96.13 $110.00 $140.00 Municipal Court 6 1 1 $57.67 $84.44 $89.00 Art Museum 4 1 2 $76.90 $135.56 $137.00 Best Years Center 10 1 1 $96.13 $110.00 $140.00 Zarahias Park 8 2 2 $307.60 $340.00 $374.00 Coliseum 6 2 3 $346.04 $476.00 $456.00 Fair Grounds 10 2 2 $384.50 $410.00 $498.00 Civic Center 10 3 4 $1,153.50 $1,245.00 $1,398.00 Harvest Club 10 1 4 $384.50 $415.00 $466.00 Athletic Complex 10 4 1 $384.52 $440.00 $560.00 Tennis Center 6 1 1 $57.67 $84.44 $89.00 Collier's Ferry Park 10 1 2 $192.25 $205.00 $249.00 Imagination Station 8 1 2 $153.80 $170.00 $187.00 Pruitt Activity Center 10 1 1 $96.13 $110.00 $140.00 Tyrrell Park 8 2 2 $307.60 $340.00 $374.00 Rogers Park 8 1 2 $153.80 $170.00 $187.00 JP Richardson 4 1 1 $38.45 $69.28 $79.00 Parks Oper Center 10 1 1 $96.13 $110.00 $140.00 Alice Keith Park 6 1 2 $115.35 $155.00 $157.00 Sprott Park 6 1 2 $115.35 $155.00 $157.00 Charlton Pollard 2 1 1 $19.23 $41.13 $67.00 Fire Admin Bldg 4 1 1 $38.45 $69.28 $79.00 Fire Station#1 4 1 1 $38.45 $69.28 $79.00 Fire Training 10 2 1 $192.26 $220.00 $280.00 Health Dept 10 2 1 $192.26 $220.00 $280.00 Police Dept 8 1 3 $230.70 $250.00 $265.00 Fleet Management 4 1 2 $76.90 $135.56 $137.00 Fleet Management 2 1 2 $38.45 $77.94 $112.00 Water Cust Svc 8 1 2 $153.80 $170.00 $187.00 Golf Course 1 61 1 1 $57.67 $84.44 $89.00 TOTAL MONTHLY CHARGE FOR TYPICAL PLACEMENT: $5,940.57 $6,980.35 $7,950.00 TOTAL YEARLY CHARGE FOR TYPICAL PLACEMENT: $71,286.84 $83,764.20 $95,400.00 RESOLUTION NO. WHEREAS, bids were received for an annual contract for container and solid waste collection; and, WHEREAS, Waste Management, Beaumont, Texas, submitted a bid for an estimated annual cost of$71,286.84 in the unit amounts shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, City Council is of the opinion that the bid submitted by Waste Management, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Waste Management, Beaumont,Texas,for an annual contract for container and solid waste collection for an estimated annual cost of$71,286.84 in the unit amounts shown on Exhibit "A" attached hereto and made a part hereof for all purposes be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City f Beaumont this the tY 19th day of September, 2006. - Mayor Guy N. Goodson - MONTHLY PRICES: ,gIWASTE MANAGEMENT aumont, TX 1 Time 2 Times 3 Times 4 Times 5 Times 6 Times CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week 2 CUBIC YARDS $19.23 $38.45 $57.67 $76.90 $96.12 $115.35 4 CUBIC YARDS $38.45 $76.90 $76.90 $153.80 $192.25 $230.70 6 CUBIC YARDS $57.67 $115.35 $173.02 $230.70 $288.37 $346.05 8 CUBIC YARDS $76.90 $153.80 $230.70 $307.60 $384.50 $461.40 10 CUBIC YARDS $96.13 $192.25 $288.38 $384.50 $480.63 $576.75 MONTHLY PRICES: TYPICAL PLACEMENT: LOCATION SIZE QTY PICK-UPS WASTE (CU.YD.) PER WEEK MNGT City Hall 10 1 3 $288.38 Building Services 10 1 1 $96.13 Municipal Court 6 1 1 $57.67 A Brt Museum 4 1 2 $76.90 est Years Center 10 1 1 $96.13 Zarahias Park 8 2 2 $307.60 oliseum 6 2 3 $346.04 air Grounds 10 2 2 $384.50 Civic Center 10 3 4 $1,153.50 Harvest Club 10 1 4 $384.50 Athletic Complex 10 4 1 $384.52 Tennis Center 6 1 1 $57.67 Collier's Ferry Park 10 1 2 $192.25 Imagination Station 8 1 2 $153.80 Pruitt Activity Center 10 1 1 $96.13 Tyrrell Park 8 2 2 $307.60 Rogers Park 8 1 2 $153.80 JP Richardson 4 1 1 $38.45 Parks Oper Center 10 1 1 $96.13 Alice Keith Park 6 1 2 $115.35 Sprott Park 6 1 2 $115.35 Charlton Pollard 2 1 1 $19.23 Fire Admin Bldg 4 1 1 $38.45 Fire Station#1 4 1 1 $38.45 Fire Training 10 2 1 $192.26 - Health Dept 10 2 1 $192.26 Police Dept 8 1 3 $230.70 Fleet Management 4 1 2 $76.90 leet Management 2 1 2 $38.45 ater Cust Svc 8 1 2 $153.80 Golf Course 6 1 1 1 $57.67 TOTAL MONTHLY CHAR E FORTY ICAL PLACEMENT: $5,940.57 TOTAL YEARLY CHARG FOR TYPI AL PLACEM NT: $71,286.84 EXHIBIT "A" i 6 September 19, 2006 Consider approving new rates for the rental of city recreation buildings City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Maurine Gray, Director of Libraries and Convention Facilities MEETING DATE: September 19, 2006 AGENDA MEMO DATE: August 28, 2006 REQUESTED ACTION: Council consider establishing new rates for the rental of city recreation buildings. RECOMMENDATION Administration recommends approval of new rates for the rental of city recreation buildings effective October 1, 2006. City recreation buildings include the Alice Keith Community Center, J.P. Richardson Community Center,Rogers Park Community Center, Central Park Community Center, Tyrrell Park Community Center, Sterling Pruitt Activity Center and the Best Years Center. The rates would be as follows: $25 per hour with a three hour minimum. Thirty minutes before and after any event would be allowed for set up and take down. Anything over three hours for an event would cost$25 an hour. A charge of$25 would be incurred for set up and take down of tables and chairs. BACKGROUND The buildings have been operated by the Recreation Division for a number of years. Current costs are$50 for three hours and$10 for anything over three hours. $25 is currently charged for set up and take down of tables and chairs. The Convention Facilities Division will be responsible for overseeing the rental of facilities beginning October 1, 2006. Currently, the Parks Division rents the facilities. All facilities, including the Civic Center, Jefferson Theatre and Julie Rogers Theatre will be the responsibility of the Convention Facilities Division. The Convention Facilities Division plans to extensively clean the recreation centers and insure that an attendant is on duty when an event occurs. Staff has visited the centers and listed what needs to be done to make them more attractive and usable. BUDGETARYIMPACT Additional rental would be forthcoming since the basic rental is being increased by $25. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Libraries and Convention Facilities, Convention Facilities Manager ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADD A NEW SECTION 20-13 ESTABLISHING NEW RENTAL RATES FOR THE RENTAL OF CITY RECREATION BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING A PENALTY AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 20-13 establishing new rental rates for rental of the city recreation buildings to read as follows: Sec. 20-13. Rental Rates for City Recreation Buildings The following rates will apply to the rental of City recreation buildings: Per hour (three hour minimum) ........................................ ....... $25 an hour Over three hours for an event ............................................ ....... $25 an hour Set up and take down of tables and chairs .............................. $25 Set up and take down is allowed thirty minutes before and after any event. These rates shall apply to the following city recreation buildings: Alice Keith Community Center J.P. Richardson Community Center Rogers Park Community Center Central Park Community Center Tyrrell Park Community Center Sterling Pruitt Activity Center Best Years Center Section 2. 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 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. 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 the City of Beaumont, Texas. Section 5. This ordinance shall be effective from and after October 1, 2006. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of September, 2006. - Mayor Guy N. Goodson - 7 September 19, 2006 Consider amending Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise payments City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 19, 2006 AGENDA MEMO DATE: September 14, 2006 REQUESTED ACTION: Council to consider adopting an amendment to Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States, Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise payments. RECOMMENDATION Administration recommends approval of an ordinance amendment to Ordinance No.04-068 adopted on September 28, 2004 granting to Entergy Gulf States, Inc. an electric franchise which provides compensation for the use of the City's streets,alleys and rights-of-way by Entergy Gulf States,Inc. and authorizing the City Manager to execute an agreement with Entergy Gulf States, Inc. reserving an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise agreement in 2017. BACKGROUND The City of Beaumont and Entergy Gulf States, Inc. entered into an electric franchise agreement which provided for the accelerated expiration of the existing franchise ordinance and granted a new franchise which included a different method of compensation to the City. This new agreement became effective February 1,2006. The old agreement provided for payment of base franchise fees on a percentage of gross receipts basis. The new franchise allows for compensation.based upon a calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered to retail customers within the City of Beaumont. These payments historically have been made on the first day of August of each year for the twelve month period prior to the payment. Because of the acceleration of the termination of the existing agreement and the implementation of the new agreement there was a period of transition which has caused an issue between the City and the Company as to the timing of these payments. The issue is whether the August payments were a TO: Kyle Hayes MEETING DATE: September 19, 2006 SUB: Amendment to Ordinance No. 04-068 MEMO DATE: September 14, 2006 Page 2/2 prepayment in advance, which is the position of the Company, or a payment in arrears for the preceding twelve month period before the August payment. The problem with the Company's position is that the City does not receive an annual payment for August, 2006. This translates into an estimated loss in revenue in excess of Three Million ($3,000,000) Dollars. After several discussions and meetings,the parties have agreed to resolve the issue with the Company continuing to make the annual payment on August 1 of each year beginning August, 2006; and reserving the issue as to whether the payment is a prepayment or payment in arrears until the year 2017,which is before the end of the term of the contract in 2018. This reservation would take the form of a letter agreement between the parties executed by the City Manager as authorized by the City Council. BUDGETARYIMPACT This amendment resolving the franchise annual payment issue should result in a payment in excess of Three Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by Entergy Gulf States, Inc. PREVIOUS ACTION Ordinance No. 04-068. SUBSEQUENT ACTION RECOMMENDED BY City Manager and City Attorney. ORDINANCE NUMBER ENTITLED AN ORDINANCE AMENDING FRANCHISE NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC.; PROVIDING FOR AN ANNUAL PAYMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE DATE UPON ACCEPTANCE IN WRITING BY ENTERGY GULF STATES, INC. WHEREAS, by Ordinance Number 04-068 adopted on the third and final reading on September 28, 2004 by the City of Beaumont("City"),wherein Entergy Gulf States, Inc. ("EGSI" or"Company") was granted a franchise ("Franchise"), subsequently accepted by EGSI on January 30, 2006 and made effective on February 1, 2006, to conduct within the City an electrical power business and to use the streets, alleys and public ways of the City for the purpose of conducting such business; and, WHEREAS, City and Company desire to amend the Franchise by changing the payments terms: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. That Section 10 of the Franchise is hereby amended to read as follows: Section 10 - The design and purpose of this franchise fee compensation clause is to establish an administratively simple uniform method of compensating the City for the use of the public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is consistent with the burdens placed on the City created by EGSI's use of the right-of-way; (5) provides fair and reasonable compensation for the use of the public right-of-way; and (6) provides a mechanism by which EGSI will remain financially whole with respect to any increases in franchise payments resulting from the implementation of this Franchise over and above the franchise fees calculated under the previous franchise agreement, as modified by Section 33.008 of the PURA, together with all associated costs and expenses, including gross receipts taxes. (Hereinafter, such incremental franchise fees and associated costs and expenses, including gross receipts taxes are referred to as "incremental amounts"). (a) Inconsideration of the right granted by the City to EGSI to use and occupy the Public Ways in the City for the conduct of its business under this agreement, the Company agrees to pay to the City franchise fees in the amount and manner described herein. Subject to any reduction in payments as provided in this section, EGSI shall pay on August 1 of each year an amount equal to a $0.0021524 charge per kilowatt hour("kWh") multiplied times the number of kilowatt hours delivered by EGSI to each retail customer whose consuming facility's point of delivery was located within the City's boundaries during the twelve month period from July 1 to June 30 preceding the August payment. It is agreed that the payment to be paid on August 1, 2006 will be paid within twenty (20) days of this Agreement being accepted by EGSI. (b) In addition to the payments set out in Subsection 10(a), and subject to the provisions of Subsection 10(g), EGSI shall pay on or before the 15th day of May,August, November and February an amount equal to a$0.0010137 charge per kilowatt hour multiplied times the number of kilowatt hours delivered by EGSI during the preceding calendar quarter ending March, June, September, and December, to each retail customer whose consuming facility's point of delivery was located within the City's boundaries. The first quarterly payment due under this subsection will be due on November 15, 2006 for the preceding quarter ending September 30.' (c) An underlying premise of this Franchise agreement and the ordinance implementing it is that the Company shall be kept financially whole with respect to any and all incremental amounts, as defined above in this Section 10. i. EGSI shall collect such incremental amounts through 1) a corresponding surcharge designed to collect the incremental increases in franchise fees calculated pursuant to the rate set forth in Subsection 10(b) including any increase due to the escalator provided for in Subsection 10(I), over and above the franchise fees calculated under the previous franchise agreement, as modified by Section Prior to the passage of this Amendment, EGSI paid the incremental payments owed for February 2006 through June 2006. 33.008 of the PURA, along with all applicable taxes, including gross receipts taxes("corresponding surcharge"), which surcharge shall be approved by the Public Utility Commission of Texas ("PUCT"or"Commission"), and 2) a direct payment from the City to EGSI or a reduction in franchise payments to City, as set forth below. ii. This section is intentionally left blank in that at the time of this Amendment, the Franchise and quarterly payments had already become effective. iii. In the event the Company does not collect in the corresponding surcharge all incremental amounts associated with the three-month periods corresponding with the quarterly due dates as set out in Subsection 10(b), the Company is authorized to collect such amounts not collected in the surcharge ("uncollected difference") through either direct payment by City or a reduction of franchise payments to City as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any uncollected difference, such 30 days to run from City's receipt of Company's written notice, which shall identify the uncollected difference, the time period over which the uncollected difference accrued and a detailed explanation of the calculations. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of the uncollected difference, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid uncollected difference not paid by the City. EGSI is authorized to implement the procedures set forth in this Subsection periodically as EGSI, in its sole discretion, determines is necessary to recover any ongoing uncollected difference. iv. With respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, City agrees to authorize and support the approval and implementation of a monthly surcharge for both Entergy's affiliate distribution company in Texas ("DISCO") and Entergy's affiliate retail electric provider in Texas ("REP") that provides for the collection and recovery of the same amounts as are recovered through the corresponding surcharge described in Subsection 10(c). The monthly surcharge described in this subsection shall be in addition to the base rates otherwise established for DISCO or the Price to Beat rates otherwise established for the REP. v. The corresponding surcharge described in this Subsection 10(c)shall appear as a line item on EGSI's retail electric bill and identified as a "Municipal Franchise Fee." (d) In addition to the provisions of Subsection 10(c), EGSI is authorized to reduce the quarterly franchise payments by$150.00. Further, the City shall have until the latter of December 31, 2004 or 90 days after the effective date of this Franchise agreement to pay to EGSI an amount of$24,400.00 for the cost of implementing the provisions of this Franchise agreement ("implementation costs"). In the event payment in full is not timely made, the Company is authorized to reduce subsequent franchise payments in an amount necessary to recover the entirety of the implementation costs. (e) The City shall bear the costs and expenses of all claims, challenges, and lawsuits, of either the City or EGSI, regarding the validity of the new Franchise agreement or the corresponding surcharge, regardless if such claim or challenge is brought before a regulatory authority or in a federal or state court of law, including payment of attorneys fees and costs associated with the defense to EGSI or affiliates of EGSI for any legal or regulatory challenge to the new Franchise agreement or corresponding surcharge, at the time such claim or challenge is made. The costs and expenses referred to in this Subsection include, but are not limited to: i. costs and expenses of the City, related to obtaining the corresponding surcharge; and/or ii. costs and expenses of or to EGSI, whether such costs and expenses are associated with EGSI's employees or consultants and/or attorneys retained by EGSI in the defense of such claims, challenges and lawsuits. (f) Such costs and expenses of or to EGSI, as are enumerated in Subsection 10(e) above, including carrying costs, shall be recovered from the City pursuant to direct payment or a reduction of franchise payments as provided in this Subsection. Prior to EGSI's reduction in franchise payments, EGSI shall provide the City 30 days for a one-time opportunity to make a direct payment to EGSI of any such costs or expenses, such 30 days to run from City's receipt of Company's written notice, which written notice shall identify any such costs and expenses. Subsequent to said 30 day period, and in the absence of timely direct payment by the City of the entirety of such costs and expenses, EGSI is authorized to reduce any future franchise payment(s) in an amount equal to any unpaid portion of such costs and expenses identified. At its sole discretion, EGSI may recover all costs or expenses identified in any notice in a one-time reduction to a future franchise payment. EGSI is authorized to pursue the procedure(s) set forth in this Subsection periodically as determined by EGSI, in its sole discretion, to be required for the recovery any ongoing expenditure of such costs and expenses. (g) Upon the occurrence of any of the following events, the franchise fee rate and quarterly payments provided for in Subsection 10(b) shall no longer be applicable or effective for the purpose of calculating the franchise payment: i. the recovery of the incremental amounts through a corresponding surcharge ceases, such as (but not exclusively) through the PUCT's determination that the incremental amounts shall be recovered through the Company's base rates rather than through the corresponding surcharge; ii. the PUCT or a court of competent jurisdiction 1) finds the corresponding surcharge unlawful or otherwise prohibits the surcharge recovery of the incremental amounts; 2) finds that the franchise fees calculated under this Section 10, or the amounts collected through the corresponding surcharge or through a reduction in franchise payments, as provided herein, may not be recovered by EGSI from its customers; or 3) in some manner prevents or prohibits EGSI from recovering said incremental amounts; and, iii. with respect to the preparation for, or implementation of, retail open access in EGSI's Texas service territory, EGSI or Entergy's affiliate distribution company in Texas ("DISCO") or Entergy's affiliate retail electric provider in Texas ("REP"), at any time, is not permitted to implement the monthly surcharge described in Subsection 10(c)(iv). Upon the occurrence of any of the events enumerated in Subsections 10(g) i, ii, or iii, the franchise rate effective immediately priorto the effective date of this Franchise agreement (which rate is reflected in Subsection 10(a)) shall be applicable and effective for the purpose of calculating the franchise payment under this Franchise agreement. Further, in the event the PUCT or a court of competent jurisdiction finds a portion of the corresponding surcharge unlawful or otherwise prohibits a portion of the surcharge recovery of the incremental amounts, the franchise rate and quarterly payments provided for under Subsection 10(b) shall be amended and adjusted such that the franchise payment made by the Company to the City is no greater than the amounts the company is authorized to collect through its base rates and the corresponding surcharge. Nothing in the immediately preceding sentence permits the realignment of the recovery of any portion of the incremental amounts from the corresponding surcharge to the Company's base rates, prohibited by Subsection 10(g)i. (h) If the PUCT or a court of competent jurisdiction orders EGSI to refund to customers any amounts for the franchise fees or any associated costs or expenses, including taxes, collected pursuant to this Franchise agreement, such amounts refunded shall be recovered from the City pursuant to a direct payment or a reduction of franchise payments, under the procedure set forth in Subsection 10(c)iii above. (i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff (Corresponding Surcharge) i. City agrees that (a) it will adopt and approve the corresponding surcharge approved by the PUCT and accepted by EGSI as provided herein and, if required, amend accordingly the Municipal Franchise Surcharge attached to the implementing ordinance; (b) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of EGSI's franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of franchise fees by EGSI in the manner consistent with this agreement; (c) in the event of an appeal of any such regulatory proceeding in which the City has intervened,the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by EGSI in the manner consistent with this agreement; and (d) subsequent to this agreement becoming effective, EGSI may take whatever action with, and seek whatever approval from, the PUCT,that it deems appropriate to continue to achieve full recovery of any incremental amounts under this agreement. ii. City agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such incremental amounts by EGSI. iii. Neither the adoption of this Franchise, the accompanying ordinance, nor the corresponding tariff shall be used by either the City or the Company, in any proceeding before a regulatory authority or state or federal court of law, as precedent for a reduction in the Company's rates or as evidence of or support for the positions taken by the City or the Company is such matters, other than in requesting PUCT approval of the corresponding surcharge or in any direct court appeal of a PUCT order addressing the corresponding surcharge. (j) At the time of each payment, EGSI shall also submit to the City a sworn statement showing the following: (i) its kilowatt hour sales delivered to each retail customer whose consuming facility's point of delivery is located within the City's boundaries for the preceding calendar quarter upon which the franchise fee payment is calculated; (ii) a detailed listing of any claimed costs and expenses, including taxes, uncollected difference (not paid by City) and/or claimed refund items (all as referred to in this Section 10); and (iii) a detailed reconciliation of the quarterly franchise payment calculation. (k) All payments made under this Franchise shall be exclusive of and in addition to ad valorem taxes. Any and all such payments made by Company pursuant to this Section 10 shall be credited on any amount imposed, levied or assessed against Company by the City of Beaumont, pursuant to ordinance or otherwise, at any time as a charge (whether designated as rental, tax or otherwise) for the use by Company of City's streets, alleys and public ways. (1) Upon approval by the PUCT as provided herein, and beginning on the first anniversary of the effective date of this agreement and annually thereafter, EGSI shall annually adjust the total unit per kWh franchise fee rate, set forth in Subsection 10(b), by an amount to be designated in writing by the City based on one-half the annual increase, if any, in the consumer price index as calculated in accordance with the Local Government Code 40 §283.055(8). The adjustment provided for in this Subsection shall become effective only upon the PUCT's approval of an equivalent adjustment to the corresponding surcharge which provides for the Company's collection through the corresponding surcharge of the increase in the franchise payment resulting from the adjustment provided in this Subsection. The approval of the PUCT referenced in the immediately preceding sentence may be obtained contemporaneously with, and contained in, a final order approving the corresponding surcharge, subject to acceptance by the Company, in its sole discretion, as provided in Section 18(a). SECTION 2. That all provisions of the Franchise,except for Section 10 as amended herein,shall remain in full force and effect and shall not be affected by the passage of this ordinance. SECTION 3. The full text of this Franchise agreement shall, after final passage by the City Council of The City of Beaumont, be published once each week for four (4) consecutive weeks in a newspaper of general circulation published in The City of Beaumont, and the expense of such publication shall be borne by Company. Passed first reading on the day of , 2006. Passed second reading on the day of , 2006. Passed third and final reading on the day of 2006. Passed this the day of , 2006. Approved this the day of , 2006. - Mayor Guy N. Goodson - SECTION 4. This agreement shall become effective upon EGSI's acceptance, in writing (in the form provided below) of the ordinance. To the Honorable Mayor and City Council: EGSI acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of , 2006, Ordinance No. amending Franchise Number 04-068 granted to Entergy Gulf States, Inc. and the same shall constitute and be a binding contractual obligation of EGSI and the City. Entergy Gulf States, Inc. By: Title: