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PACKET JAN 16 2007
MAW� LJIL City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 16, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 14/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant 2. Consider approving an annual maintenance agreement for Police, Fire and EMS public safety software support 3. Consider approving the purchase of automatic flushing devices for the Water Utilities Department 4. Consider approving an annual maintenance agreement for electronic email software support WORKSESSION * Discuss observations and recommendations regarding the operation of Municipal Court * Review and discuss a plan for updating the Code of Ordinances * Discuss a request to name the Neches River bridge the"Purple Heart Memorial Bridge' COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Jacorri Brazier 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 January 16, 2007 Consider approving a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager N[EETING DATE: January 16, 2007 AGENDA MEMO DATE: January 11, 2007 REQUESTED ACTION: Council consider a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant. RECOMMENDATION The Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney &Associates,Inc.in the amount of$56,317.80. The contract will also include a maximum of$4,000 for reimbursable expenses. The new contract will be effective January 1, 2007. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City ofBeaumont's policies or programs. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2007 Budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. Q� CAIE OLYN coo CHANEY & AssociATEs, INC. LOCAL GOVERNMENT CONSULTANTS December 4, 2006 %000. Mr. Kyle Hayes 0 City Manager �f P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: °lease consider this a formal re cst f or a twelve_m�nth r onowal of the c n t_r._` , between the City and Carolyn C. Chaney &Associates, Inc., for federal lobbying and information services. We are proposing no changes to the current agreement. Naturally, much our work over the past year has revolved around federal assistance for recovery efforts in the aftermath of Hurricane Rita. Due to a coordinated effort in Beaumont and the strength of the City's congressional delegation, those efforts were largely a success. However,just because the federal assistance specifically related to Rita has likely ended, we know that recovery in many aspects of the community is ongoing, and we will look to continue to advocate for assistance for Beaumont in specific areas of need. Other issues on which we hope to work in the coming year include continuing support for downtown revitalization efforts,particularly preserving the $200,000 included in the FY 2007 Senate HUD appropriations bill, expanding federal opportunities in affordable housing, ensuring that federal proposals relating to eminent domain do not ;infringe on local" authority, and protecting the ability of local governments to collect from telecommunications providers fair and reasonable compensation for use and maintenance of public rights-of-way. As always, it is a pleasi,re to serve the City of Beaumont and.we are grateful for the support and guidance of you, your fine staff, and the Mayor and City Council. We hope to continue that relationship, and are available for any questions you may have about our services. Sincerely, Carolyn C. Chaney Washington Assistant 1212 NEW YORK AVENUE,NW • SUITE 250 WASHINGTON,DC 20005-3953 TELEPHONE 202/842-4930 • FAx 202/842-5051 www.capitaledge.com AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAROLYN C. CHANEY &ASSOCIATES, INC. 1212 NEW YORK AVENUE,NW- SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Carolyn C. Chaney & Associates, Inc. (hereinafter sometimes referred to as "Consultant")sultant ) agree to assume the followin g obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff,office space,utilities,furnishings,and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph lv; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont,Texas; C. As Washington Assistant the Consultant will review federal executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on her own initiative of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; 1 EXHIBIT 66A" F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City-Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her res ponsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. 11 Obligations of the City of Beaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; 2 C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments,Council agenda and proceedings,newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for(1) all travel expenses incurred pursuant to Paragraph I,Subparagraphs D and G; (2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington, DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph IV; F. To bear long distance telephone, photocopying, executive expenses and postage expenses. III. The City of Bea umont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement, A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. 3 IV. Compensation The cost of service will be $56,317.80 for twelve months,payable in advance,in equal monthly installments of$4,693.15 commencing on the first day of January, 2007. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraphs D, E, and F. V. Termination Either party*may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Carolyn C. Chaney, Washington A stant Kyle Hayes, City Manager 4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a one-year renewal agreement in the amount of $56,317.80 with an additional maximum of$4,000 for reimbursable expenses with Carolyn C. Chaney and Associates, Inc. to act as the City of Beaumont's Washington Assistant. The contract is effective January 1, 2006. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - 2 January 16, 2007 Consider approving an annual maintenance agreement for Police, Fire and EMS public safety software support City of Beaumont �10 V�I:FAIWIISNIMN I, K, Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 2, 2007 REQUESTED ACTION: Council consider an annual maintenance agreement for SunGard HTE, Inc. OSSI Public Safety software support. RECOMMENDATION Administration recommends payment of invoices to Sungard HTE, Inc. for an annual maintenance agreement for OSSI software support for Police, Fire, and EMS public safety in the amount of $216,231.60. BACKGROUND SunGard HTE,Inc is used by the Police,Fire and EMS Departments. This purchase is exempt from competitive bidding since is it available from only one(1)source having exclusive rights to modify and maintain the software. The software maintenance agreement provides twenty-four/seven unlimited phone support for 911 dispatching; Monday-Friday, 8-5 support for mobile computers, electronic field reporting and all records management applications; and provides annual software upgrades. The agreement is for an annual period beginning January 2007 and includes the following nineteen (19) applications and custom interfaces: Software Applications Contract Amount OSSI Mobile Field Reporting $35,689.60 OSSI Computer Aided Dispatching with Mapping $33,732.00 OSSI Roster Scheduling Module $1,170.00 OSS1 Firehouse Records Interface $990.00 OSSI EMS Interface to Zoll Patient Billing $1,350.00 OSSI CAD Resource Monitor $8,910.00 OSSI Records Management Module $34,908.80 OSSI Accident Module $5,928.00 OSSI Crime Analysis $2,000.00 OSSI RMS Mapping $4,864.00 OSSI Training Module $3,040.00 OSSI Problem Oriented Policing $3,040.00 OSSI Mobile Dispatching $36,825.20 OSSI Automatic Vehicle Locator System $14,484.00 OSSI Integrated State NCIC/TCIC Message Switch $10,674.00 OSSI Police 2 Citizen $2,000.00 OSSI MOBLAN $2,480.00 OSSI Notification Module $5,520.00 OSSI Evidence Module with bar coding $2,556.00 Custom CAD, Firehouse, and RMS Interfaces $6,070.00 'Total $216,231.60 BUDGETARY IMPACT As a result of installation dates on this project,the maintenance that was not expected to be due until FY 2008 is due in FY 2007. However, funds are available in the FY 2007 Budget because other expenditures that were initially budgeted in FY 2007 are now expected to be incurred in FY 2008. The maintenance contract will be funded as follows, $150,000 from the Confiscated Goods fund and $66,231.60 from the General Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Police Chief, and Chief Technology Officer. SlJNGAR D° 1 INVOICE Company Invoice No Date Page H T E INC. 400 8196 30/Nov/2006 1 of 5 1000 Business Center Drive Lake Mary, Florida 32746 866-881-674 www.ossiusa.com Bill To: City of Beaumont(OSSI) Ship To: City of Beaumont(OSSI) 801 Main Street, Suite 350 801 Main Street, Suite 350 BEAUMONT TX 77701 BEAUMONT TX 77701 United States United States Attn:Vicki Thibodeaux 409-880-3111 Attn: Vicki Thibodeaux 409-880-3111 I'��. °'�� t P° r #..tzt a �"- e�.• .,� `.s � '�'.'1�z{� r9",.�` #§?.sl`P� �tie� r^�°d A:'x 7 -s r ;�*' . 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Bank of America 13296 Collection Center Drive • Chicago, IL 60693 SlJNG ARD° 1 INVOICE Company Invoice No Date Page H T E INC. 400 8196 30/Nov/2006 2 of 5 1000 Business Center Drive Lake Marv, Florida 32746 866-881-677-1 "vww.ossiusa.com Bill To: City of Beaumont(OSSI) Ship To: City of Beaumont(OSSI) 801 Main Street, Suite 350 801 Main Street, Suite 350 BEAUMONT TX 77701 BEAUMONT TX 77701 United States United States Attn:Vicki Thibodeaux 409-880-3111 Attn: Vicki Thibodeaux 409-880-3111 � 1 m »5`. � 1`+ �F'i p�d VY `+^ f� ,,, ,A iv •/ RYA/ '' r�i 4 �' Lt'+¢t:.. y� �� `�9':2..«�. 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"" " �^x �'ls `'p,q-, Winten�®Iian $td11 x � � r , ' p w x ' m '� a. r� � ,? �'3 s } :i r a''� fir.Fcsx-t`'.a't, o-rP5 €` .. t y » ` x S�°#,, £,,a. b*j0WMa"1$*V '�` arrr�tr a 77 1777-� ° -$. W'.E'•.,Y tlic�al ,M'&Wo a#aac I � " , � 2 C 0 �00 x e rr Vtatrr� s t i : i/ QSI t�ottftCatlon tvlOduie fi z Fq i "t"S L"`�" °�,' K t ✓ .' '.9CIul p ' Y } Ntantens�nce Plan "Start.EIIJ1} Drfd N3e 2 C7SSf Patr ShaR/Pawn Watch 1 T00 ' 3040 fl0 2 314J CIO � z. Malntendmce Plan:• Start tI1/Jan120tI7 3 flSSI"Training AAodule 1.()0` 3,fl40 00 3,940 00 M inteparice Plan:-. Start:01ijan/2007, End:3liDee/2007" 4 OSSI Radiai Profiling Module '. 800.©0; 800 00 Ma ntenartceflan.;"Start:0wari/2007, End:3110eG2007" `! " Page Total 20,144 0 Balance Due -r KiNGARD HTE INC. e Bank of America 13296 Collection Center Drive • Chicago, IL 60693 Sl)NGARD ® INVOICE Company Invoice No Date Page H T E INC. 400 8196 30/Nov/2006 4 of 5 1000 Business Center Drive Lake Mary. Florida 32746 866-881-6774 ww%v.ossiusa.com Bill To: City of Beaumont(OSSI) Ship To: City of Beaumont(OSSI) 801 Main Street, Suite 350 801 Main Street, Suite 350 BEAUMONT TX 77701 BEAUMONT TX 77701 United States United States Attn:Vicki Thibodeaux 409-880-3111 Attn: Vicki Thibodeaux 409-880-3111 Wl p o h € ,. WQ -ar ,-` '` " Cantramt9b0014Z4 a£ v z w .skYS r� Sk�3^✓¢. %` FC # +a'€ ng ^ �' S -t e s ¢x. t 3-r r t t u.rt s :24 f'rci> em onenteikS11odt � t `�w, � ; + ,� �}� r044 cg plan j " #' aj z *`�.5 f ra-a F +[Yp ', B �} �n n�`y)`� A��""„� r �C 'F23 .P�.FQI�.x`pir' V� �?�'Yr `"w ' •, 4rR 3 F' Y TE k ry Lar�. . 4 p ( 6V Sl� x iau �� tetirteln_ � t� �. s? ,r,4 �` r' _ r :.,, ax s+ z*tz q.:. Ilk .Sstva a fa ?`` s f `S�t,..' sr. 1€T }entlb- t � J , r x ,a t e�t}'� $ @ t GI eta si "' r t t x n f-tx t x r 2 ;�}rlenclnCe Pl�rt t`r�' � Fp„E : R ky t x a $ t3,'S MpGrblle s£tlellt Ia�IS` a a i` x:.,, # "`,'` ,are a a r' n r a;. E Y ' 'ifl2 6 4 6700 Itaalten�mce an;.`Startfan12D0 I=ts ri 'Z w75 Iw1PFt�erti htlatxfartalr � + 0 248000 �� ¢ .. Maip enance Plan Stgn 0'1&%W010,711 to 010,7 Enct 1 r 30 "pis MF.R Cllent�AccidQn"t ,eRol#lr�g � Plfeintenrince Plan.~Start.OltJarlf2Gr End 8r� 127 QZ- r � 31 ill f1FR Client-Racial ProiUng0&QO 32 00 3;456 00 TNantenance Plan-,,,Start:01IJan120U7 Entl:;3ff�e°c12017.` 32 ;t751 Fte:view Module for Fteld-Repofting „ E "1.00 5,600.00~ 5,6tf0 00 ManCeinance Plan: Start:01/Janl2007, E 6d:311bad2007 Page Total 59,491.2 Balance Due SUNGARD HTE INC. Bank of America c 13296 Collection Center Drive • Chicago; IL 6063 SIJ G N ARD® 1 1 N VO I C E Company Invoice No Date Page H T E INC. 400 8196 30/Nov/2006 5 of 5 1000 Business Center Drive Lake %4ary, Florida 32746 866-881-6774 ,�vwtiv.ossiusa.com Bill To: City of Beaumont(OSSI) Ship To: City of Beaumont(OSSI) 801 Main Street, Suite 350 801 Main Street, Suite 350 BEAUMONT TX 77701 BEAUMONT TX 77701 United States United States Attn:Vicki Thibodeaux 409-880-3111 Attn: Vicki Thibodeaux 409-880-3111 #' a s,.. '` -'`;. ,. s> . .. r ,.,:. as�„SX our _ 2� • [. f%y,d.y wt`Ea gF^>'P`2�"#✓e �. ,/ °� fH�"i` `�r Ci'.Q C Jr `Tl �4G ,. Qf�v y6 r r r .>af ? <r't '' ". �9 � r Mal�tenz n Ptah 4rt ?1LT2(J � ?e�0f377 -4,i n xTrSSI NIGTIJeht 3 xIs � 3 5t4 Q mays4s z z a r mar a at�r#eta nr i�tarrr_rta t4r3 �1 �7 s 51e r p f D M O&SI 640, jedt'Av, eC�B II � ; r I1 s 3 Q4 � 3i x� 4,168(}II E1 Mainterta�nc F�len #t:Q hn/20, y rr •^, GtSS! NIC F lnterface toaretiottae f r 1 0D' 1 1,354 00 7 �tG(a► enaince Plan '�W�t k3'ffJan/20 � 007 37 OSSI S Integrated St /il Mesg€� � h a f0 , CI( ly 3 St?O 00 MantenzincePfan. `StartlltartlS7 � /[eU07 :3$ O$SI .Lan GUent License forMessage Switch 131 QO> 00 7,074.'00 M g,4&Z1_Pq ct 007 Si 0$81,-Police 2 Citizen 1.00 _ �,QpO 00 2,00000 Maintenance Plan:-; Start:,01/Jan/20(37, Erid:`31/C160,2007 . Page Total Subtotal 210,1=61 60 � Sales Tax 0 0 Invoice Total 210,161 6 �; Payment Received 0.0 Balance Due 210;161.6 �� ,}�. ►/� StTNGARD HTE INC. Bank of America itizvariTi 13296 Collection Center Drive • Chicago, IL 60693 INVOICE Company Invoice No Date Page SUNGARD® 400 8400 29/Decl2006 1 of 1 HTE INC. 1000 Business Center Dr. Lake Mary,Florida 32746 800-727-8088 www,osssiiusaco n Bill To: City of Beaumont(OSSI) Ship To: City of Beaumont(OSSI) 801 Main Street,Suite 350 801 Main Street,Suite 350 BEAUMONT TX 77701 BEAUMONT TX 77701 United States United States Attn:Vicki Thibodeaux 409-880-3111 Attn:Vicki Thibodeaux 409-880-3111 Customer Grp/No. Customer Name Customer PO Number Currency Code Terms Due Date 1 5650 City of Beaumont(OSSI) USD NET30 28/Jan/2007 No. SKU Code/Description/Comments Units Rate Extended Contract No 20051424 1 CAD Custom Interfaces 1.00 1,530.00 1,530.00 Maintenance Start:01/Jan/2007, End:31/Dec12007 2 Firehouse Hydrant Modification 1.00 540.00 540.00 Maintenance Start:01/Jan/2007, End:31/Dec/2007 3 RMS Custom Modifications 1.00 4,000.00 4,000.00 Maintenance Start.01/Jan 12007, End:31/Dec/2007 i i i Page Total , 6,070.0 Subtotal 6,070.93 i Sales Tax j p.00 SunGard HTE Inc. • Bank of America i REMIT PAYMENT TO: 13296 Collection Center Drive• Chicago,IL 60693 Invoice Total I 6,070. !' Payment Received 0.0 Balance Due 6,070.0 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment of invoices in the total amount of $216,231.60 to SunGard HTE, Inc.,for an annual maintenance agreement for OSSI public safety software support for an annual period beginning January, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - 3 January 16,2007 Consider approving the purchase of automatic flushing devices for the Water Utilities Department Cit y of Beaumont � Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 5, 2007 REQUESTED ACTION: Council consider the purchase of automatic flushing devices for the Water Utilities Department. RECOMMENDATION Administration recommends the purchase of EclipseTM automatic flushing device models 9800-WC for$1,308 each and 9400-WC for$1,248 each from Rural Pipe and Supply,Inc., of Jasper,Texas. BACKGROUND The City of Beaumont is required by the Texas Commission on Environmental Quality(TCEQ)and the Environmental Protection Agency(EPA)to maintain a chlorine residual in the water distribution system.Dead-end water lines in the system must be flushed weekly in order to maintain the required residual to protect public health and safety. The cost of labor and equipment utilized in manually flushing these dead-end water lines is eliminated by the use of automatic flushing devices.The units are equipped with battery operated controls that can be programmed to flush the lines as frequently as required. The devices also measure and record the volume of water used during the flushing operations. Bids were solicited from nine (9)vendors for furnishing either Hydro Guard®or Eclipse TM brand automatic flushing devices.Bid specifications requested pricing for approximately twenty-five(25) Hydro Guard® HG2 or EclipseTM 9800-WC units and twenty (20) Hydro Guard® HG1 or EclipseTM 9400-WC units. Specifications allow the quantities to be adjusted based on the needs of the City. Six (6)bids were received as indicated on the attached Bid Tabulation. BUDGETARY IMPACT Funds are budgeted in the Water Utilities Fund for this expenditure in the amount of$57,660. PREVIOUS ACTION None. Purchase of automatic flushing devices Jemuary 5,2007 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Water Utilities Director, and Chief Financial Officer. I RESOLUTION NO. WHEREAS, bids were received for the purchase of automatic flushing devices for the Water Utilities Department; and, WHEREAS, Rural Pipe & Supply, Jasper, Texas, submitted a bid in the amount of $57,660 as shown below: Model Unit Total 25 Eclipse 9800-WC $1,308.00 $32,700.00 20 Eclipse 9400-WC $1,248.00 $24,960.00 TOTAL: $57,660.00 arid, WHEREAS, City Council is of the opinion that the bid submitted by Rural Pipe & Supply, Jasper, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Rural Pipe & Supply, Jasper, Texas, for the purchase of purchase of automatic flushing devices for the Water Utilities Department in the amount of $57,660 as shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - 4 January 16,2007 Consider approving an annual maintenance agreement for electronic email software support City of Beaumont i Council Agenda Item � c g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 2, 2007 REQUESTED ACTION: Council consider the reinstatement of an annual maintenance agreement for International Business Machines,Lotus Notes, electronic email software support. RECOMMENDATION Administration recommends payment of an invoice to SHI Government Solutions (IBM business partner) for reinstatement of an annual maintenance agreement for software support in the amount of$31,996.50. BACKGROUND Lotus Notes email software is used by all City departments. This maintenance agreement provides for six hundred fifty four(654) City employees to upgrade to the current release of software. The agreement provides unlimited telephone support and updates during the annual term. The agreement is for an annual period beginning January 2007. BUDGETARY IMPACT Funds are available in the Fiscal Year 2007 Budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief Technology Officer RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment of an invoice in the amount of $31,996.50 to SHI Government Solutions for reinstatement of an annual, maintenance agreement for International Business Machines, Lotus Notes, electronic email software support for an annual period beginning January, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. Mayor Guy N. Goodson - �� M ° K City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JANUARY 16, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the acceptance of an acre tract of land out of the A. Williams Survey for street purposes located at 2865 French Road B) Authorize the acceptance of a fifteen(15)foot wide drainage easement at 2175 Somerset C) Adopt a resolution urging our State legislators to develop and enact legislation to protect freshwater inflows into Sabine Lake D) Approve payment for repairs to a 1999 Caterpillar WR bulldozer E;) Authorize the Mayor to certify to the Office of Rural Community Affairs that the City consents to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant Funds F) Approve a resolution certifying that the Small Business Revolving Loan fund (RLF) plan is consistent with and supportive of the area's current economic adjustment strategy; and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein G) Authorize the settlement of the claim of Paul Henderson A City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 4, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a 0.0028 acre tract of land out of the A. Williams Survey for street purposes. RI.COMMENDATION Donald and Florence Williams have agreed to convey a 0.0028 acre tract of land to the City of Beaumont. The purpose of the City's acceptance of the property, described below, is to correct an encroachment of a City of Beaumont street [French Road]: A 0.0028 acre tract of land out of and part of City Plat D15, Tract 206 out of Tract 152 of the A. Williams Survey, Abstract No. 385, Jefferson County, Texas [2865 French Road]. Administration recommends acceptance of above property. BACKGROUND At 2865 French Road the City street encroaches onto the landowners property, placing the property corner into the street. The acquisition of the 0.0028 acre tract of land is to alleviate the problem. BUDGETARY IMPACT None. PfLEVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. \engfrench_road-ib.wpd 4 January 2007 RESOLUTION NO. WHEREAS, a portion of a City of Beaumont street located at 2865 French Road, said tract described as being A 0.0028 acre tract of land out of and part of City Plat D15, Tract 206 out of Tract 152 of the A. Williams Survey, Abstract No. 385, Jefferson County, Texas, as described in Exhibit "A" and shown on Exhibit"B" attached hereto, encroaches onto the property of Donald and Florence Williams; and, WHEREAS, Donald and Florence Williams have agreed to convey the above- described property to the City of Beaumont to correct the encroachment; and, WHEREAS, the City Council has considered the conveyance of said tract and is of the opinion that the delivery and receipt of said tract 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 above-described tract conveyed by Donald and Florence Williams is hereby in all things accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - EXHIBIT "Al' Legal Description: 0.0028 Acre Tract or Parcel of Land A. Williams Survey,Abstract No. 385 Jefferson County,Texas BEING a 0.0028 acre tract or parcel of land situated in the A. Williams Survey, Abstract No. 385;, Jefferson County, Texas and being out of and part of that certain called 0.21 acre tract of land. as described in a "Warranty Deed with Vendor's Lien" from E. Alan Thornton and Pamela Thornton to Donald Williams and Florence A. Williams as recorded in Clerk's File No. 2001007917, Official Public Records of Real Property, Jefferson County, Texas, said 0.0028 acre tract being more particularly described as follows: NOTE. All bearings are based on the Northeasterly line of the said 0.21 acre Williams tract, the same being the Southwesterly right-of-way line of French Road as SOUTH 53°51'00"EAST as recorded in the above referenced Clerk's File No. 2001007917, D.ficial Public Records of Real Property, Jefferson County, Texas. COMMENCING at a 1/2" iron rod with a cap found for the most Northerly corner of the said 0.21: acre Williams tract, the same being the most Easterly corner of that certain tract of land as described in a deed from Rose Urbane, a widow of William Charles Urbane, deceased, to Norman R. Tribble and wife, Dianna D. Tribble as recorded in Volume 1740, Page 404, Deed Records, Jefferson County, Texas, and said corner also being in the Southwesterly right-of-way line of French Road; THENCE SOUTH 53°5100" EAST, along and with the Northeasterly line of the said 0.21 acre Williams tract and the Southwesterly right-of-way line of French Road, for a distance of 101.45 feet to a 5/8" iron rod set for the most Northerly corner and POINT OF BEGINNING of the tract herein described; THENCE SOUTH 53 051'00" EAST, continuing along and with the Northeasterly line of the said 0.21 acre Williams tract and the Southwesterly right-of-way line of French Road, for a distance of 23.49 feet to a 1/2" iron rod in asphalt pavement found for corner, said corner being the most Easterly corner of the said 0.21 acre Williams tract and an angle point in the right-of- way line of French Road; THENCE SOUTH 38023'56" WEST, along and with the Southeasterly line of the said 0.21 acre Williams tract and the Northwesterly right-of-way line of French Road, for a distance of 23.49 feel:to a 5/8" iron rod set for corner, and from said comer a 1/2" iron rod with a cap found for the most Southerly corner of the said 0.21 acre Williams tract and the most Easterly corner of that certain tract of land as described in a deed from Mark Carleton to Raymond Hugh Edwards and wife, Betty Jean Edwards as recorded in Volume 974, Page 178, Deed Records, Jefferson Cowmty, Texas bears SOUTH 38123'56" WEST a distance of'50.54 feet and said corner also being the beginning of a curve turning to the left having a radius of 22.58 feet and being subtended by a chord bearing NORTH 07 143'32" WEST having a chord length of 32.56 feet; EXHIBIT"A" Page 1 o€2 MARK W. WHITELEYAND ASSOCIATES,INC. THENCE NORTHERLY, over and across the said 0.21 acre Williams tract and along and with the said curve, for a distance of 36.36 feet to the POINT OF BEGINNING and containing 0.0028 ACRES,more or less. Surveyed on October 26, 2006 by Thomas S. Rowe, RPLS No. 5728. This legal description is being submitted along with a plat based on this survey(see EXHIBIT "B"). OF co. e o .N ............................... THOMAS S. ROWE ................................ Thomas S. Rowe,RPLS No. 5728 y 9oF572s P OQ '• Ess%o W:12W$\O&aMO&WM8c10;.DM O•''S U R�� EXHIBIT "A" Page 2 of 2 MARK W. WHITELEYAND ASSOCIATES,INC. CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA AN Cl 22.58' 36.36' 1 32.56' N 07'43'32" W 92'14'56" LINE 41538*2356"W ARING DISTANCE L 1 3 51'00 E 23.49' D f Ole L2 23.49' NORMAN R. TRIBBLE 1 VOL. 1740, PG. 404 DRJC FNO 112"L ROD FND 112'1. ROD STAMPED B-UNE' STAMPED B-UNE' 0 NOTE.' I FNO N38'21'31 E 73.91' �+ THIS SURREY WAS PERFORMED (GALL NZ21'00E 74,00') WITHOUT BENEFIT OF CURRENT TITLE COMMITMENT. �t BOUNDARY SURVEY ONLY, �� Y EASEMENTS, IF ANY, NOT RESEARCHED OR SHOWN, WITH THE EXCEPTION OF THOSE PLATTED. .� FND 0.2120 ACRES ° cc CALLED 0.21 ACRES N N DONALD WILLIAMS et. ux. $ rn o W a CF. NO. 2001007917 ^ ao 0 o OPRJC o Ca, ° $Sg F) °z EOWAROS et ux Z S 0 xUGH4, 1 PG• 178 4 °z y °z RpYMON�OL• 97pRJG OB 8 4 � U SET 5/8" 1. ROOD EDGE OF ASPHALT FND 112`1, ROD SET 5/8" ti 0.0028 ACRES STAMPED 18-LINE' I. ROD END S38'23 56 W 50.54' D 112'1. ROD IN ASPHALT FNO S3s' FRENCH ROAD (CALL S38i EXISTING TAKING REMAINING ACRES ACRES ACRES 0.2120 0.0028 0.2092 TO THE OWNERS OF THE PREMISES SURVEYED AS OF THE DATE OF THE SURVEY.• L THOMAS S, ROWE DO HEREBY CERAFY THAT THIS SURVEY WAS THIS DAY EXHIBIT "B" MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED REFER TO EXHIBIT ;A' HEREON AND CORRECTLY REPRESENTS THE FACTS FOUND AT THE TIME FOR LEGAL DESCRIPTION OF THE SURVEY. DATE SURVEYED: OCTOBER 26, 2006 -(E,.0.F G,STFR�-f� PARCEL PLAT co Q * o';N THOMAS S. ROW.. SHOWING ................................ 0.0028 ACRE TRACT OR PARCEL OF LAND 5728 aP; A MLLIAMS SURVEY, ABSTRACT NO. 385 °F .. s.° JEFFERSON COUNTY, TEXAS SCALE f' = 40' OCTOBER 2006 THOIJAS S. ROYYE - REGISTERED PROFESSIONAL LAND SURVEYOR No. 57 JOB I W:\2006\06-825.DWG\CD0 B V^W t1 ...,,• Cit y of Beaumont qw_ �10 IL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 4, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen (15) foot wide drainage easement at 2175 Somerset. RECOMMENDATION Henrietta Haynes has agreed to convey a fifteen (15) foot wide drainage easement to the City of Beaumont. The easement will be out of Lot 16, Block 5 of the Somerset Village Addition (2175 Somerset Street). Administration recommends acceptance of the easements. BACKGROUND The proposed drainage easement is for the placement of an underground 24" to 36" reinforced concrete pipe on the above property and will allow for the alleviation of drainage problems in the area. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION N one. RECOMMENDED BY City Manager and Public Works Director. engdrainage_somerset_haynes-ib.wpd 4 January 2007 c cusi City of Beaumont Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 10, 2007 REQUESTED ACTION: Council consider adopting a resolution urging our State legislators to develop and enact legislation to protect freshwater inflows into Sabine Lake. BACKGROUND Freshwater inflows to Sabine Lake are important to commercial and recreational fishermen, bird watchers and other citizens living and working in Beaumont and Jefferson County. Commercial fishing industries and nature-related tourism activities help support a variety of businesses in Beaumont, including hotels and restaurants. The proposed resolution is attached for your review. BUDGETARY IMPACT Tone. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. Pr%� NATIONAL WILDLIFE e S 1 E RRA FEDERATION'° eNVIRONMeNTAL CLUB I- www.nwf.c�rg w FOUNDED 1892 January 3, 2007 Beaumont City Council 801 Main, Suite 300 Beaumont, Texas 77701 Re: Request to consider a resolution urging protection of freshwater inflows Dear Members of the Beaumont City Council, On February 8th, 2005 you passed the enclosed resolution urging the protection of freshwater inflows to Texas bays. You are not alone in recognizing how vital this issue is to the ecological and economic health of your coastal area. In fact, sixteen other coastal entities passed similar resolutions in 2004/2005. Although such legislation was introduced during the 2005 legislative session and was passed by the Senate (Senate Bill 3, Article 1), the session ended with the bill awaiting final action in the House. As a result, bays continue to be at the end of the line, both physically and legally, in receiving the fresh water they need from our rivers. And meanwhile, water users upstream continue to seek use of more and more river water. Therefore, it is imperative that we act quickly to protect our bays from depletion of freshwater inflows. As the 80th Legislature prepares to convene, it is an opportune time to again stress the importance that some form of legislation be passed in 2007 to ensure our bays receive enough fresh water from rivers to keep them healthy and productive. We hope you will consider passing a new resolution to support such legislation. For you convenience, we have enclosed a draft resolution for your consideration. I will call later this month to see if and when you might put this issue on your agenda. In the meantime, please do not hesitate to contact me with any questions or if we can provide any additional information or materials that would help facilitate your consideration of this matter. Sincerely yours, 'Ck AA-\ C V Jennifer Ellis Outreach Coordinator National Wildlife Federation Ph: 512476-9805 Email: ellis(anwforg P.S. For information on the Texas Living Waters Project and our efforts to improve water planning, use and management in Texas, please see our website: www.texaswatermatters.org. Enclosures: 2005 resolution, map of`05 resolutions, Bays In Peril report summary, Draft 2007 resolution RESOLUTION NO. WHEREAS, freshwater inflows to Sabine Lake are important to commercial and recreational fishermen, bird watchers and other citizens living and working in Beaumont, Jefferson County and surrounding areas; and, WHEREAS, the sport fishing industry makes a tremendous contribution to the economy of Southeast Texas through the tourism it attracts; and, WHEREAS,the commercial fishing industry provides many jobs in Southeast Texas and supplies fresh fish to local restaurants and markets around the area; and, WHEREAS, Jefferson County is an international birding destination because of the tremendous diversity of birds occurring here; and, WHEREAS, the sport and commercial fishing industries, bird watching, and other nature-related tourism activities help support a variety of businesses in Beaumont and Jefferson County,including hotels and restaurants,tourguide operators, marinas and boat dealers, fishing equipment and supply outlets, bait dealers and fish houses; and, WHEREAS, sport and commercial fishing and other tourism industries can be harmed by the failure to ensure that sufficient freshwater flows reach the Sabine Lake system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City of Beaumont, Texas, does hereby respectfully urge Senator Kyle Janek, Senator Tommy Williams, Representative Allan Ritter, and Representative Joseph Deshotel to develop and enact legislation to protect freshwater inflows. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - D City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 5, 2007 REQUESTED ACTION: Council consider payment for repairs to a 1999 Caterpillar D7R bulldozer. RECOMMENDATION Administration recommends payment for repairs to a 1999 Caterpillar D7R bulldozer in the amount oi'$45,952.35 to Mustang Cat of Beaumont. BACKGROUND Unit 5085 is a 1999 Caterpillar D7R bulldozer that is used by the Solid Waste Landfill Division for compaction of trash and pushing cover material on the working face of the Landfill as needed. It is one(1) of the two (2)D7R bulldozers that are used daily and are essential to the Landfill operation. T11e extremely high volume of refuse that the Landfill has taken in during the past year has placed a strain on both pieces of equipment. Because one dozer was already down for repair when Unit 5085 went down,the repair of Unit 5085 was of an emergency nature, as both units are needed daily at the Landfill. In the course of operation, the lower radiator hose was punctured on Unit 5085. The engine overheated which melted a piston and cracked the head. Mustang Cat removed the engine and replaced the block and head with a long block assembly. In addition to repairing the engine, other repairs were made as needed. The transmission torque converter was rebuilt and radiator cores were replaced. The flywheel and pump gear housing required replacement due to bearing failure. Additionally,transmission lines were replaced and wiring repaired.The unit was reassembled,tested, and returned to service. The repairs were completed on December 15, 2006. The unit was purchased in December 1999 for $2:75,191. The warranty is no longer in effect due to the age of the unit. A:epair of Caterpillar Bulldozer January 5, 2007 Page 2 State of Texas statutes provide for an exemption to competitive bidding if the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. BUDGETARYIMPACT Funds are available for this expenditure in the Fleet Management Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves payment in the amount of$45,952.35 to Mustang Cat of Beaumont for repairs to a 1999 Caterpillar D7R bulldozer (Unit 5085) used by the Solid Waste Landfill Division. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. Mayor Guy N. Goodson - E City of Beaumont mu g Council A enda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 10, 2007 REQUESTED ACTION: Council authorize the Mayor to certify to the Office of Rural Community Affairs that the City consents to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant Funds. RECOMMENDATION Administration recommends Council authorize the Mayor to certify to the Office ofRural Community Affairs that the City consents to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant Funds. BACKGROUND In 2006,the City received funding in the amount of$1,950,000 from the Office ofRural Community Affairs(ORCA)to use as a part of the local match for the Calder Street Project. This certification is required to be published in a local paper prior to receiving funding from ORCA. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Director of Public Works and City Engineer. RESOLUTION NO. WHEREAS, by Resolution 06-334 passed on October 31, 2006, the City received funding in the amount of$1,950,000 from the Office of Rural Community Affairs (ORCA) to use as part of the local match for the Calder Street Project; WHEREAS, prior to receipt of the funding from ORCA, the City must certify and publish in a local newspaper its consent to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant funds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Mayor of the City of Beaumont is hereby authorized to certify to the Office of Rural Community Affairs that the City consents to accept the jurisdiction of the Federal courts if an action is brought to enforce the responsibilities in relation to environmental reviews, decision making and action associated with the release of Block Grant funds. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. Mayor Guy N. Goodson - cusiCity of Beaumont Council Agenda Item g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 10, 2007 REQUESTED ACTION: Council consider a resolution certifying that the Small Business Revolving Loan fund (RLF) plan is consistent with and supportive of the area's current economic adjustment strategy; and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. RECOMMENDATION The Administration requests approval of a resolution certifying that the Small Business Revolving Loan fund (RLF)plan is consistent with and supportive of the area's current economic adjustment strategy; and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. BACKGROUND The Small Business Revolving Loan Program was created with an initial grant from EDA of$500,000 with matching funds from CDBG of$250,000. To be approved for the grant,the city was required to develop a plan to support the area's economic development strategy and to create policies and procedures to administer the program. The original City of Beaumont RLF Plan was adopted by the City Council on February 24, 1987 and was last re-certified on November 23, 2004. EDA requires that the plan be certified on an annual basis, however, the plan was not certified in 2005 due to Hurricane Rita. There have been no changes to the RLF plan since it was last certified. BUDGETARY IMPACT None. PREVIOUS ACTION The RLF Plan was re-certified on November 23, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby certifies that the Small Business Revolving Loan Fund (RLF) plan is consistent with and supportive of the area's current economic adjustment strategy, and the RLF is being operated in accordance with the policies and procedures contained in the RLF Plan and the loan portfolio meets the standards contained therein. The Plan is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson - Y Y I. PROGRAM ELEMENT TO THE PLAN A. Goals and Objectives 1. COMMITMENT TO ECONOMIC DEVELOPMENT: The Economic Development Policy Plan consists of goals, objectives, policies, and proposals for guiding Beaumont's future economic growth and development. Outside assistance is provided through a contact with the Beaumont Chamber of Commerce for various economic development activities such as marketing analysis, business retention efforts and working with business prospects. 2. GOAL: INCREASE THE NUMBER OF PERMANENT JOBS AVAILABLE TO CITIZENS OF BEAUMONT AND SOUTHEAST TEXAS Emphasis should be placed on value added jobs which are most likely to lead to further job creation. Jobs in "export" industries bring money into the region through production of goods or services that are exported outside of Beaumont. These jobs, which are generally highly paid, create spendable household income, thus generating new jobs in sales and services. Beaumont also needs jobs which can be filled by workers who were previously employed in shipyards, refineries, and chemical plants. These skilled workers are among Beaumont's most valuable economic resources and will leave the area if new job opportunities are not developed. Because of an especially high unemployment rate among Beaumont's sizable minority population, entry level jobs with on-the-job training are needed to bring unskilled workers from low-income backgrounds into the work force. WHERE WILL THESE JOBS COME FROM? New jobs come from three sources. 1) expansion of existing businesses 2) creation of new, entrepreneurial enterprises 3) attraction of plants or businesses from outside the community Research indicates that expansion of existing businesses and creation of entrepreneurial enterprises account for 80 to 90% of all new jobs. 1 EXHIBIT "A" OBJECTIVE NO 1: MAINTAIN AN EFFECTIVE ROLE FOR THE CITY OF BEAUMONT ECONOMIC DEVELOPMENT PROCESS Policy 1.1 Role of the City The City will continue to serve in a leadership role in the following areas of economic development: A. Strategic Planning - analyzing Beaumont's competitive strengths and weaknesses in the world economy and then taking aggressive action to capitalize on the strengths and overcome the weaknesses. B. Legislative Advocacy - working closely with Jefferson County, The Port of Beaumont, Drainage District #6, the Jefferson County Navigation District, BISD, other municipalities in the region, and other State and Federal elected officials to secure major funding assistance and to enact or change laws to increase the strategic competitiveness of the local/regional economy. C. Leveraging and Public/Private Partnerships - using the limited resources available to the City government, such as grants, development incentives, infrastructure, land, and staff to attract private sector investments which will create or retain jobs and/or increase the tax base. D. Develop and Communicate a Vision of the Future - the City's elected officials and staff must motivate the community to set its sights on the goal of becoming a first- class medium-sized city with a quality of life capable of attracting new private investment and population. The City will serve in a leadership and cooperative role in the following areas, participating actively and lending whatever support is needed to other members of the economic development network: 2 A. Promotion: assisting the Chamber of Commerce, the Convention and Visitors Bureau, BUILD, Inc./Beaurnont Main Street, Entergy, and other promotional groups in marketing Beaumont as a business location, tourist, destination, etc. B. Business Attraction: working cooperatively with the Chamber/Economic Development Council in attracting new industry. Policy 1.2 The City's Commitment The City will commit the assets it has available--staff, incentives, land, taxing authority, infrastructure, tax- exempt bonding authority, and access to State and Federal grants--to the local and regional economic development efforts. The City will also strive for excellence in conducting its basic responsibilities of providing public services and infrastructure, recognizing that an efficient, competent and responsive city government is one of the prerequisites for economic growth of a community. Allocation of resources for construction of new or the repair or extension of existing city infrastructure and new or revised city services will be implemented on the basis of need; however, the impact of such actions on the economic development of the City as a whole will be considered of overriding importance when deciding where to allocate the City's resources among areas which are of equal need. Policy 1.3 Public Return on Investment The City will examine the potential return on the public's investment when determining where and how its limited resources will be committed. Return on public investment will be measured in terms of jobs created, jobs retained, and broadening of the tax base. OBJECTIVE NO. 2 ENCOURAGE A CLIMATE WHICH FACILITATES BUSINESS GROWTH AND SUSTAIN ABILITY 3 Policy 2.1 The City of Beaumont recognizes that the degree of cooperation and support of local government plays a major role in business location and expansion decisions. The City resolves to improve both its efficiency and effectiveness in providing assistance and services to business. Policy 2.2 The City of Beaumont will be committed to improving the quality of life for current and future residents. In recognition of the connection between economic development, the qualify of life or livability of a city, and the development of a favorable sense of place among residents and non-residents alike, the City supports the inclusion of "quality of life" and "environmental quality" considerations in making planning and development decisions. Visual community appearance considerations in the city's planning and development efforts are to be considered important economic development actions which will improve Beaumont's ability to attract new businesses and employment opportunities. In realization of the fact that investing in the overall improvement in the quality of life or livability of the City is not a goal which can be achieved overnight, the City will concentrate its resources on the cleanup and rehabilitation of selected neighborhoods and on the development and implementation of urban design plans for selected open space, street corridor, and city entrance or gateway areas. OBJECTIVE NO 3: ATTRACT NEW BUSINESSES AND INDUSTRIES TO THE BEAUMONT AREA Policy 3.1 The City will work with the Chamber of Commerce and other economic development groups in a team effort to bring new businesses and industries to the Beaumont area. Policy 3.2 Efforts to attract new business and industry will be targeted on industries whose locational needs are consistent with the Beaumont area's locational attributes. 4 Policy 33 Continue to promote the Beaumont area's resources and quality of life factors through the efforts of the Beaumont Convention and Visitors Bureau. OBJECTIVE NO 4: RETAIN AND EXPAND EXISTING BUSINESSES AND INDUSTRIES Policy 4.1 The City of Beaumont Recognizes that existing businesses and industries are the community's most important economic resources and will support the efforts of existing businesses to expand and improve operations. Policy 4.2 An "outreach" program to foster open lines of communication between the city government and existing businesses and industries will continue. OBJECTIVE NO 5: STIMULATE THE CREATION OF NEW BUSINESSES Policy 5.1 Continue the City's Small Business Revolving Loan Fund which provides financing assistance for new businesses having difficulty in obtaining conventional financing. Policy 5.2 Continue work with the Small Business Development Center at Lamar University, which assists start up businesses and processes applications for the City's Small Business Revolving Loan Fund. OBJECTIVE NO. 6 IMPROVE THE COMPETITIVE ADVANTAGES OF THE BEAUMONT AREA ECONOMY Policy 6.1 The City of Beaumont will assume a role of partnership with local business and industry in competing with producers in other regions, states and countries. This means city actions involving taxes, infrastructure, regulations and development incentives will focus on making it easier, more efficient and more advantageous for doing business in Beaumont. Policy 6.2 Expand the scope of Beaumont's market area by capitalizing on its role as a regional center of trade, professional services, entertainment, distribution, and medical services. 5 B. Identification of the Area's Financing Problems A review of Beaumont's capital market and discussions with local small business persons indicate the local capital market has the following characteristics. 1. Beaumont banks typically follow conservative policies and practices regarding allocation of deposits for lending purposes. While this is not unique to Beaumont or the region, the adverse effect of the local and statewide economy has even further reduced the availability of the banks capital in Beaumont. Beaumont banks are looking for additional outside capital projects as a cushion for their loans. 2. There is reluctance to provide financing to younger or higher risk companies or to companies located in blighted or depressed areas of the community. 3. There is a shortage of long term reasonably priced commercial financing available to small businesses located in Beaumont. 4. Local banks appear to be reluctant to make loans smaller than $75,000.00 5. There is a lack of capital for minority businesses. The Revolving Loan Fund (RLF) will serve a critical function in the City's economic development program by providing assistance in financing small business that will provide jobs primarily for persons of low and moderate income, the unemployed, and the underemployed, and projects which will diversify and strengthen Beaumont's economic base. Specific Objectives of the Revolving Loan Fund: The Revolving Loan Fund will promote economic development by: 1. Creating New Employment Opportunities: The Revolving Loan Fund will be utilized to assist in expansion or creation of small business enterprises, owned or operated by minorities, women, or the economically disadvantaged. 2. Increasing Private Financing Availability Revolving loan fund monies will be used to leverage private financing for small business, availability 6 of financing for small business enterprises owned or operated by minorities, women or the economically disadvantaged and to provide incentives to the financial institutions to make loans to small businesses. C. Targeting Criteria The Revolving Loan Fund will target small businesses which can best assist the City in achieving economic development objectives. The order or priority will be: 1. Small businesses which will create the greatest number of jobs available to the unemployed, underemployed, or low or moderate income persons at the least cost to the Revolving Loan Fund; 2. Small businesses which are owned and operated by minorities, women, or the economically disadvantaged; 3. Small businesses that are located within Beaumont's Community Development and Housing Neighborhood Strategy Areas. D. Standards for the Revolving Loan Fund Portfolios To ensure the effectiveness of the Revolving. Loan Fund as an economic development tool, the following standards will serve as guidelines for Revolving Loan Fund participation: 1. It is the objective of the Revolving Loan Fund to leverage each dollar three to four times through participation with private sector lending institutions, the SBA, and other government loan programs and private investors. For each$10,000 of total investment, one job will be generated. The Revolving Loan Fund will leverage two private sector dollars for every one RFL dollar at a minimum. 2. Revolving Loan Fund monies will be available to finance the expansion and start-up needs of small businesses. Financing will be available for fixed assets (plant and equipment) and for working capital. The Revolving Loan fund will give priority to the businesses that create the maximum number of new jobs. 7 All Revolving Loan Fund applicants will be screened for potential use of vacant facilities located in blighted areas of the community. 2. Other economic development objectives and standards include the following: The Revolving Loan Fund borrower will be required to have a 10%equity in the project, Minorities and females will be encouraged to participate in the Revolving Loan fund. To prevent displacement of existing capital, all applicants must have written evidence of the need for the RLF funds. E. Financing Policies: The Revolving Loan Fund will include the following goals: 1. The Revolving Loan Fund loans are expected to range between $10,000 and $100,000. 2. No more than 20% of the total SBRLF contributed capital shall be loaned to any one borrower during any one time period. 3. Terms and Conditions of the Loans The expected amortization period for Revolving Loan Fund loans will be as follows: Working capital loans: Negotiated within normal commercial financing range Machinery and Equipment: Based upon the useful life of equipment financed Land and Building: 15 - 25 years 4. Interest Rates: Interest rates for all Revolving Loan Fund loans will be variable depending on the needs and financial condition of the applicant. Interest rate floors and ceiling will be established. The minimum interest rate will be four percent. 8 5. Special Financing Techniques: Revolving Loan Fund staff and administration will employ flexible financing techniques designed to meet the needs of the borrowers and to maximize the effectiveness of the Revolving Loan Fund program. The special financing techniques that may be utilized include: Lower than market rates. Extended amortization period for loans. Moratoriums on loan payments for a specified period of time. 6. Collateral and Equity requirements: Fixed asset financing will be secured by the fixed assets financed with other assets included if required. Collateral for working capital loans will include inventory, accounts receivable, fixed assets, cash and personal guarantees. The Revolving Loan Fund will mandate the contribution of equity by the borrower, requiring not less than 10%. 7. Restructuring Loans: The Revolving Loan Fund will not be involved in restructuring loans or in refinancing projects. 8. Use of repaid recaptured Revolving Loan Fund interest and principal funds: Repayments of interest and principal will be used for additional loans. Revolving Loan Fund administrative staff will be paid by the City of Beaumont or Community Development Block Grant Funds. Origination fees and other fees earned by the Revolving Loan Fund will be used in the administration of the loan program. These administrative costs will be exclusive to the loan program. 9. Participation with other loan programs: To accomplish the stated goals of the Revolving Loan Fund, participation on loans with the following financial institutions is anticipated: • Banks throughout the City. • Small Business Administration. • Farmer's Home Administration. • SBA Certified Development Corporation (504's). • SBA Small Business Investment Corporation(MESBIC). 9 • Savings and Loan Associations. • Local equity capital funds. F. Related Activities: 1. Loan Packaging and Referral Service: The Revolving Loan Fund loans will be packaged by the staff in cooperation with the loan officer and staff of the participating financial organization. Those applicants who do not qualify for Revolving Loan Fund loans but are viable applicants for other financing assistance will be referred to the local office of the Small Business Administration, the Southeast Texas Economic Development Foundation (A SBA 504), and other commercial banks or savings and loans in the community. 2. Linking Jobs to the Long-Term Unemployed: Should the borrowers need assistance in recruiting the long-term unemployed and low-income persons, the company will be referred to agencies capable of providing assistance. Those agencies include: • Texas Workforce Center • Local Employment Agencies • Advertisement in Local Newspapers 10 II. Administrative Element of the Plan F. Loan Administration Board The Mayor and City Council establishes citizen advisory boards, committees and commissions and appoints citizens within the community to serve on these various committees by approval of City Council. A Loan Administration Board will be formed with the membership as follows: 1. Members will be drawn from local financial institutions. 2. Other members will be appointed from the Small Business Development Center at Lamar University. 3. One member will be appointed representing the City of Beaumont. 4. The remaining members will be appointed from small and minority businesses or community organizations. Provisions will be made to assure strong representation among women and minorities. At least one member with financing experience must be present for each loan decision. Board members will be appointed to two year terms, which will be staggered to assure continuity on the board. The board will include members from both the public and private sectors. B. Staff The City's Finance Department, Cash Management Division, will provide support staff to the Revolving Loan Fund. The Cash Management staff has experience in analysis of business operations and financial statements and substantial billing and collection experience. The RLF staff will work closely with the particular commercial lending officers of the private financial institution(s) involved in the leveraging of each loan. The loan packages will be prepared to provide adequate loan security and allow maximum operating flexibility to the borrowers. C. Conflict of Interest 2. RLF funds shall not be available to a business entity if the owner of such entity or any owner of an interest in such entity is related by blood, marriage, law or business arrangement to an employee of the City of Beaumont or any member of the City Council, or a member of the SBRLF Loan Advisory Board unless the person(s) affected first discloses in writing to the Loan Advisory Board the potential benefit and the Loan 11 Advisory Board determines that the benefit involved is not so substantial as to affect the integrity of the Board's decision process. 3. An officer, employee or board member of the SBRLF shall not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment or any other thing of monetary value for himself or for another person, from any person or organization seeking to obtain a loan. 4. Former Loan Advisory Board members and/or officers are ineligible to apply for or receive loan funds for a period of one year from the date of termination of his/her service. D. Loan Selection and Approval Process 2. Marketing The Finance Department will have a coordinative managerial role in the areas of capital formation and supporting the existing network of economic development groups active in the area. The staff will also continue its ongoing contacts with the SBA and financial institutions. Presentations will be made to the Chamber of Commerce, Minority Business Development .Organizations and other potential sources of applicants. 3. Screening Potential applicants for the RLF will be screened by the staff at the Small Business Development Center (SBDC) at Lamar University and participating financial institutions. Preliminary screening by the (SBDC) will include, but will not be limited to the following: • Eligibility criteria • Ownership and organizational structure • Potential for job creation • Funding requirements If the preliminary screening process indicates that the potential applicant is appropriate for the RLF, the applicant will be invited to make full application. The RLF staff and the Small Business Development Center will provide technical assistance to help applicants with the preparation of necessary documents. Applicants that are ineligible will be referred to 12 other sources which may be appropriate including the SBA, the local 504 Corporation or other programs which may fit the needs of the applicant. 3. Applications At this phase of the process, the following information may be requested from the applicant and his/her financial institution: • Application Form • Summary description of business and the project being financed • Financial Statement(3 years) • Projection(3 years) Assumption(2 years existing) New Company(3 years) Profit and Loss Statements; Balance Sheets; Cash Flow Analysis • Personal Financial Statements • Cost Summary • Listing of Collateral • Commitment Letter • Appraisal (Financing Real Estate) • Jobs Form • Resume on Principals Business Plans New (detailed description of the business to include the market, competition, location, management, personnel, and purpose of loan) Existing (one page document describing plates to grow or expand) • Certification of Cost — Architectural estimates; equipment vendor quotes; construction cost estimates 4. Evaluations Once all materials requested from the applicant have been submitted, an analysis of the loan request will occur. • Staff assembles the information into a complete package and submits to the Loan Advisory Board for review. A decision is based upon factors including, but not limited to: • the ability of the applicant to repay the loan, 13 • the applicant's managerial capabilities, • the long term retention of jobs that will be provided. 5. Considerations All loans shall be presented to the Loan Advisory Board for consideration. Applicants will be afforded an opportunity to address the Board and to answer questions. 6. Loan Closing Once final approval has been authorized by the board, staff will assist in preparation of loan closing documents in conjunction with the financial institution, including necessary deeds of trust, liens, mortgage instruments and loan agreements. 7. Disbursement Prior to closing, a schedule of loan disbursements will have been negotiated. 8. Monitoring Monitoring of the implementation of the project will begin after the initial disbursement. Continuing technical assistance will be provided as needed by RLF staff. The Grant's Administration Division will provide assistance with environmental impact and Davis-Bacon wage requirement issues. E. Loan Servicing The loan will be serviced in house by RLF staff who will institute a portfolio management system which monitors each loan on an ongoing basis for timely payment. A servicing agreement may be established with an outside agency to service the loans for the city, if cost effective, where funds will be returned to the Revolving Loan Fund by the private financial institutions on at least a quarterly basis. If a default appears eminent, the staff of the RLF will work with the financial institution to avert such an occurrence. When default cannot be averted, the staff will commence foreclosure proceedings as mandated by State Law. 14 F. Administrative Costs Administrative costs will be provided by city funds or Community Development Block Grant funds. The City will allocate funds from the interest paid to the RLF and program fees if such funding sources become necessary. G. Recapitalization Strategy Capitalization of the RLF will be accomplished through program income funds from the CDBG program. H. Other Requirements 1. Compliance with Civil Rights Laws: Applicants for RLF assistance will be required to pledge not to discriminate against employment applicants. They will be required to sign an affidavit to that effect at the loan closing. Any proven instance of discrimination proven against the loan applicant shall be grounds for calling the loan. Compliance will be monitored on an annual basis. Active loans will be reviewed at least annually. Borrowers will be required to submit personnel data concerning the status of jobs which were created under-the RLF, including pay scales, sex, and ethnicity. 2. Environmental Impact• Staff will consider the environmental impact of all proposed projects. (See Environmental Review Record Appendix III.) 3. Access for the Handicapped: All buildings involved in the proposed project must be made accessible for persons with impaired mobility. 4. Insurance: Key man insurance, flood hazard insurance, liability insurance, or other types may be required of the applicant. 5. Davis-Bacon: Construction financed in whole or in part by the RLF will meet the requirement of the Davis-Bacon Act, as amended(40 U.S.C. 276a-5). 15 6. Relocation: The location of loan projects will be located within the city limits of Beaumont. The City of Beaumont assures that loans will be recalled if the project and/or business activity move from the area. Businesses relocating jobs from another labor area are not eligible borrowers. 16 cluji City of Beaumont In rm-vxwkll� enda Item Council Agenda g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: January 16, 2007 AGENDA MEMO DATE: January 10, 2007 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Paul Henderson. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Paul Henderson.. BACKGROUND Council authorized the settlement of this claim in Executive Session January 9, 2007. BUDGETARYIMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: Paul Henderson and Border Street Body Shop $11,423.49 509 Border Street Orange, TX 77630 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RESOLUTION NO. WHEREAS, the claim of Paul Henderson has been discussed in an Executive Session properly called and held Tuesday, January 9, 2006; and, WHEREAS, the Council desires to authorize the settlement of the claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Paul Henderson in the amount of Eleven-Thousand Four-Hundred Twenty-Three and 49/100 ($11,423.49) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of January, 2007. - Mayor Guy N. Goodson -