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HomeMy WebLinkAboutPACKET AUG 30 1983 f AGENDA REGULAR SESSION OF THE CITY COUNCIL AUGUST 30, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public Hearing - budget. 1. An ordinance amending Chapter 2 of the Code of Ordinances. 2. A resolution appointing Dr. Lulu Smith as Health Authority. 3. An ordinance increasing the Hotel-Motel Room Occupancy Tax. 4. A resolution authorizing payment of firefighters in accordance with the arbitration award. 5. A resolution dedicating approximately 2.1 acres of the Concord Street Service Center as a portion of Fair Park. 6. A resolution authorizing purchase of emulsified asphalt for the Street Division. 7. A resolution authorizing purchase of a wheel tractor-loader for the Water Utilities Department. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. 2. August 25, 1983 Council Letter 83 Honorable Mayor and Members of City Council Subject: Position Name Change This resolution would change the title of the position of City Health Officer, occupied by Dr. Lulu Smith, to "Health Authority" to make the title conform to the wording of a new state law. Karl Nollenberger City Manager AGEND A RTES NO- R E S O L U T I O N WHEREAS, by Resolution adopted by the City Council of the City of Beaumont, Dr . Lulu Smith was named "City Health Officer" ; and, WHEREAS, an amendment to Article 4436a-1 of the Texas Civil Statutes, effective September 1 , 1983 requires that the physician administering the state and local laws related to public health be titled the "Health Authority" ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT Dr . Lulu Smith is hereby named "Health Authority" of the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 3. August 25, 1983 Council Letter 76 Honorable Mayor and Members of City Council Subject: Hotel-Motel Room Occupancy Tax Increase The recently-concluded session of the Texas Legislature passed and has ap- proved HB 1836 which has granted to Municipalities the authority to increase the occupancy tax from 4% to 7%, effective September 1, 1983. This tax can be used for a wide range of convention and tourist-related activities, as well as support for local art-related functions. The fiscal year 84 City budget now before you has anticipated this increase, which will be used for support of Convention and Visitors Bureau activities, funding for the Arts and for operation and maintenance of the City's Civic Center Complex. Passage of the 7% tax will enable us to operate these functions outside of the General fund of the City which is, at this time, a crucial consideration. We estimate that this tax will yield some $950,000 in 1984 at the 7% level or $600,000 at the 4% level . The increase in the tax will provide only 10 months of actual income to the City in the next fiscal year due to the payments being made on a quarterly basis after the end of the quarter. The additional 3% collection rate will yield $35,000 per month in additional revenue which is the reason the Council is being requested to consider this ordinance before the completion of budget dis- cussions. It is our recommendation that the ordinance be approved. �,)J U Karl Nollenberger City Manager N O- ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-51(A) OF THE CODE OF ORDINANCES TO INCREASE THE TAX ON HOTEL OCCUPANCY TO SEVEN PERCENT (7%) ; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Section 25-51( a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Section 25-51( a) There is hereby levied a tax upon the cost of occupancy of any sleeping room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ( $2 .00) or more per day, such tax to be equal to seven percent (7%) of the consideration paid by the occupant of such room to such hotel. Section 2 . This ordinance shall be effective on and after September 1 , 1983. 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 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 5 . Any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of lg Mayor - 2 - 4. August 26, 1983 Council Letter 84 Honorable Mayor and Members of City Council Subject: Payment of Firefighters in Accordance with Arbitration Award On May 16, 1983, the City and the International Association of Firefighters, Local No. 399, entered into an arbitration proceeding to resolve the impasse positions on wages and health insurance coverage for retired members. Last week, the City received a signed copy of the arbitration award on these two issues. Briefly, the arbitration panel determined that insurance cover- age would not be extended to retired members and that wages should be in- creased by eight percent, retroactive to October 1, 1982. It is recommended that the resolution necessary to adjust the rates of pay provided in the arbitration award be approved. Karl Nollenberger City Manager r r I AGETP4ilk RTM R E S O L U T I O N WHEREAS, the City and the International Association of Firefighters, Local 3990, reached impasse on two issues relating to the labor agreement between the city and the union; and , WHEREAS, the parties, in accordance with the labor agreement, submitted the matter to a board of arbitration for resolution; and, WHEREAS, the board rendered a decision providing for an eight percent (8 % ) wage increase retroactive to October 1 , 1982 ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appropriate city official is hereby authorized to pay to firefighters the increased wages required by the arbitration award in International Association of Firefighters Local 399 vs . the City of Beaumont No . 71-39-0327-82. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 5. August 25, 1983 Council Letter 75 Honorable Mayor and Members of City Council Subject: Addition to Fair Park At last Tuesday's work session, plans were discussed for a 3.636-acre expan- sion of Fair Park to provide for a new entrance from Concord Road, to improve the traffic flow, and create additional space for parking storage. The YMBL is currently negotiating for the purchase of 1.536 acres of land fronting on Concord Road north of the Central Garage property and west of the park. Another 2.1 acres between this property and Fair Park is owned by the City and is currently being used as a maintenance and storage yard for the garage. It would be converted to park use upon relocation of the garage to the new service center on Lafin Drive. A resolution being prepared for consideration Tuesday would dedicate this property for park purposes, effective at that time. It is recommended that the resolution be approved. Karl Nollenberger City Manager AGEMDA, �1! m NO- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the property , as described on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby dedicated as a portion of "Fair Park" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 6. August 25, 1983 Council Letter 82 Honorable Mayor and Members of City Council Subject: Purchase of Emulsified Asphalt This resolution would authorize the purchase of approximately 8,000 gallons of emulsified asphalt from Texas Emulsions, Inc. , of Port Arthur at 90 cents a gallon, for a total cost of $7,200. Emulsified asphalt is used in recycling asphalt base material for reuse after it has been removed from streets. The Texas Emulsions bid was the only bid received, although notices of the letting were sent to six companies. Texas Emulsions is believed to be the only firm in this area which sells emulsified asphalt. �4k r4aa'L"�' Karl Nollenberger City Manager cc: Robert Nachlinger, Finance Officer Joe Ternus, Urban Transportation Director Helen Denmon, Purchasing Agent NO R E S O L U T I O N WHEREAS, bids were received for the purchase of approximately 8 ,000 gallons of emulsified asphalt; and, WHEREAS, Texas Emulsions, Inc. of Beaumont, Texas, submitted a bid of $0.90 per gallon; and, WHEREAS, the City Council is of the opinion that the bid submitted by Texas Emulsions, Inc. is the lowest and best bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Texas Emulsions, Inc. in the amount of $0 .90 per gallon for the purchase of emulsified asphalt be accepted by the City of Beaumont, and the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - !r 7. August 25, 1983 Council Letter 77 Honorable Mayor and Members of City Council Subject: Purchase of Tractor-Loader A wheel tractor-loader purchased on July 19 for the Water Reclamation Plant was found, upon delivery, not to meet the specifications, requiring a heavy duty solid front axle. The supplier, Universal Tractor and Equipment Co. , is unable to furnish a solid-axle tractor. The company's offer to weld the adjustable axle on the model offered would not meet the requirements. It is therefore recommended that the tractor-loader be purchased on a bid from Hyco Equipment Co. , which is the apparent third low bid, but in fact the lowest bid meeting the specifications. Hyco has been contacted and has confirmed the bid, and promised delivery in 30 days. The bids, which were received on June 22nd, are as follows: Hyco Equipment Company, Beaumont $14,619.00 Universal Tractor, Beaumont 13,791.00 International Harvester, Beaumont 13,349.00 Oil City Tractor, Beaumont 15,774.00 Equipment Headquarters, Beaumont 15,950.00 The cost, based on this bid, would be $14,619, or $828 more than the Univer- sal bid. The matter has been referred to the City Attorney for a determina- tion of what recourse-the City may have to recover the difference from Uni- versal . The tractor will be used in the removal of sludge from the plant's dewatering unit, an industrial type application requiring a heavy duty solid axle. It is recommended that the purchase be authorized based on the bid of Hyco Equipment Co. Karl Nollenberger City Manager � n 17FA No._ 7 R E S O L U T I O N WHEREAS, on July 19 , 1983 a bid was awarded to Universal Tractor and Equipment Company for one ( 1 ) wheel tractor with a front loading utility loader; and, WHEREAS, the tractor delivered by Universal Tractor and Equipment Company did not meet specifications because it did not have a heavy solid front axle; and, WHEREAS, Hyco Equipment Company was the lowest bidder meeting specifications in the amount of $14, 619 .00 for said equipment; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid of Hyco Equipment Company in the amount of $ 14 ,619 .00 for the purchase of a wheel tractor with front loading utility loader is hereby accepted by the City of Beaumont and the City Manager is hereby authorized to pay for same upon acceptable delivery . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - 1. August 25, 1983 Council Letter 79 Honorable Mayor and Members of City Council Subject: Realignment and Reorganization of City Departments In the 1984 budget which has been presented to Council , there are several changes in the organization structure of the City. I believe these changes will allow us to deal more effectively and efficiently with the problems which now confront the City. We have prepared amendments to the Code of Ordinances which are summarized as follows: 1. The Department of Finance and Administration is now de- signated as the Department of Finance and included within that Department are the divisions of Accounting, Central Collections, Data Processing, and Purchasing and Central Stores- 2. A separate Department of Administration is created under the City Manager or his designee. This Department has res- ponsibility for Budget and Research, Building Maintenance and Operations and the Personnel and Safety functions of the city. 3. In the Health Department, language is provided which clarifies that the Administrative head of the Department shall be the Director. This change is necessary in order to accommodate recent. changes in State law concerning the administration of local and State-supported health agencies. 4. A change was also made in the Division of Environmental Con- trol where we have added the responsibility of animal control to this Division. This change merely reflects actual adminis- trative practice. 5. In the Department of Community Facilities, language is added • updating the areas of responsibility assumed by this Depart- ment. 6. The landfill operation has been removed from the Department of Solid Waste and transferred to the Department of Urban Trans- portation. The nature of the landfill operation is more Council Letter 79 August 25, 1983 Page 2 comparable with the activities in Urban Transportation than Solid Waste in such areas as equipment operation and environ- mental engineering. The departmental personnel in Urban Transportation should be able to provide backup in these areas to insure an efficient operation as we open a new landfill . It is our feeling that these administrative changes are proper and necessary both from a view of formalizing past practices with respect to administration as well as clarifying recommended changes in various areas of City management. It is recommended that the Code of Ordinance amendments be approved as sub- mitted. Karl Nollenberger City Manager AGEHD,a ff PT Luff N0. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO REORGANIZE AND REALIGN VARIOUS DEPARTMENTS TO CREATE A NEW DIVISION OF BUDGET AND RESEARCH; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Article 2 , Division 1 of Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: DIVISION 1 - DEPARTMENT OF FINANCE Section 2-20 . Established; Director, Finance Officer; functions. There is hereby established the Department of Finance, the head of which shall be Director of Finance, who shall be the City Manager. The City Manager may appoint a Finance Officer to perform the duties of the office. The Director of Finance or his designee shall have charge of Accounting, Central Collections, Data Processing, and Purchasing and Central Stores. The Finance Officer shall report to the Director of Finance and shall perform such other duties as may be delegated to him from time to time by the Director of Finance. Section 2-21 . Division of Accounting; Chief Accountant. Within the Department of Finance, there is hereby established the Division of Accounting, the head of which shall be the Chief Accountant. He shall be responsible for processing, recording and reporting information on the financial position of the city and results of operations of all funds and groups of accounts of the city; for preparation and safekeeping of all books and records of accounts of the city; and for maintaining records sufficient to establish adequate control of assets of the city. He shall perform such other duties and functions as shall be delegated to him by the Dirctor of Finance or the Finance Officer. Section 2-22. Division of Central Collections; Superintendent of Collections. Within the Department of Finance there is hereby established the Division of Central Collections the head of which shall be Superintendent of Collections. The Superintendent of Collections shall be responsible for collecting and depositing all city revenues including but not limited to property taxes; water, sewer and sanitation service charges; industrial payments in lieu of taxes; hotel occupancy taxes; liens and special assessments; alcoholic beverage license fees; sales receipts; and damage payments. The Superintendent of Central Collections shall perform such other duties and functions as shall be delegated to him by the Director of Finance or the Finance Officer. Section 2-23. Division of Data Processing; Manager. Within the Department of Finance there is hereby established the Division of Data Processing . the head of which shall be the Data Processing Manager. This division shall be responsible for converting information received from the various city departments into a machine readable format, for processing such information, for reporting and distributing the information to the departments, and for maintaining current files and historical records for the city. The division shall perform such other duties and functions as may be delegated to it from time to time by the Director of Finance or the Finance Officer. Section 2-24 . Division of Purchasing and Central Stores; Purchasing Agent. Within the Department of Finance there is hereby established the Division of Purchasing and Central Stores, the head of which shall be the Purchasing Agent. The Purchasing Agent shall be responsible for writing specifications for the solicitation of bids for purchase contracts; issuing purchase orders; ordering and receiving material, supplies and equipment for inventories; distributing inventory to the various departments upon request; maintaining adequate inventory control; and maintaining - 2 - adequate records to accomplish inventory control. He shall perform such other duties as may be delegated from time by the Director of Finance or the Finance Officer. Section 2 . Article II of Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby amended to add a new Division 2 to read as follows: DIVISION 2 - DEPARTMENT OF ADMINISTRATION Section 2-40 . Department of administration; city manager. There is hereby established the Department of Administration, the head of which shall be the City Manager or his designee. The City Manager or his designee shall have responsibility for, the following functions among others: Budget and Research; Building Maintenance and Operations; and Personnel and Safety . The head of such department shall be responsible for such other functional areas as may be determined by the City Manager. Section 2-41 . Division of Budget and Research. Within the Department of Administration there is hereby established the Division of Budget and Research the head of which shall be the Head of Budget and Research. This division shall conduct research necessary to assist the City Manager in the formulation of budget policy and develop adequate monitoring and control procedures to assist other city departments in preparation and administration of their departmental budgets; insure compliance with the city' s fiscal policies; and conduct management audits and studies to improve the productivity of line operations. This division shall perform such other duties and functions as may be delegated to it from time to time by the City Manager or his designee. Section 2-42. Division of Building Maintenance and Operations; Superintendent. There is hereby established the Division of Building Maintenance and Operations, the head of wh"ich shall be the Superintendent of Building - 3 - Maintenance. This division shall be responsible for the maintenance of all buildings owned or used by the city, including fixtures and accessories to such buildings; and for the remodeling of such buildings on the direction of the City Manager. This division shall perform such other duties and functions as may be delegated to it from time to time by the head of the Department of Administration. Section 2-43 . Division of Personnel and Safety; Director. Within the Department of Administration there is hereby established the division of Personnel and Safety, the head of which shall be the Director of Personnel and Safety. This division shall be responsible for planning, organizing, directing and coordinating personnel and safety activities of the city and for formulating personnel policies and procedures for the city. This division shall perform such other duties as may be delegated to it from time to time by the City Manager or his designee. Section 3 . Chapter 2 , Article II, Division 4 , Section 2-70 of the Code of Ordinances of the City of Beaumont, is hereby amended to read as follows: DIVISION 4 - HEALTH DEPARTMENT Section 2-70. Department of Health; Director. There is hereby established a Department of Health, the administrative head of which shall be the Director. The Department of Health shall provide general administrative supervision to all public health activities to safeguard and improve the general health of the city. The department of Health shall be responsible for coordinating public health services and applying sound public health practices, shall be responsible for the recording of vital statistics, and shall enforce all health laws within its jurisdiction. The Department of Health shall perform such other duties as may be delegated to it from time to time by the City Manager. 4 - Section 4 . Chapter 2, Article II, Division 6 , Section 2-85 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-85. Division of Environmental Control; Administrator. Within the Department of Community Development there is hereby established the Division of Environmental Control, the head of which shall be the Environmental Control Administrator. The duties of this division shall be to administer a program of enforcement of those regulatory ordinances of the city involving the physical environment, including, but not limited to, minimum housing, junked automobiles, animal control and weed control; and to perform such other duties and functions as may be assigned to it from time to time by the Director of Community Development or by the City Manager. Section 5 . Section 2-110 of Chapter 2 of the Code of Ordinances of the City of Beaumont is hereby repealed. Section 6 . Chapter 2 , Article II, Division 14, Section 2-160 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-160. Department of community facilities; director. There is hereby established the Department of Community Facilities, the head of which shall be the Director of Community Facilities. The Department of Community Facilities shall be responsible for the supervision and management of the Civic Center Complex, which includes the Julie Rogers Theater for the Performing Arts, Harvest Club, YMBL Hall, Fair Park area, and Civic Center and contiguous grounds. The Department of Community Facilities shall perform such other duties as may be delegated to- it from time to time by the City Manager. - 5 - Section 7 . Chapter 2 , Article II, Division 8 , Section 2-100 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-100. Department of Urban Transportation; Director. There is hereby established the Department of Urban Transportation, the head of which shall be the Director of Urban Transportation. The department shall be responsible for planning, engineering, construction, maintenance and operation of streets, drainage, traffic control and information devices, landfill activities, school protection programs, parking meters, public transportation and municipal airport. The department shall perform such other duties as may be delegated to it from time to time by the City Manager. Section 8 . Chapter 2 , Article II, Division 15, Section 2-161 of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Section 2-161 . Department of Solid Waste; Director. There is hereby established the Department of Solid Waste, the head of which shall be the Director of Solid Waste. The Department of Solid Waste shall be responsible for the collection and removal of solid waste, trash, and refuse as required by the provisions of this code and applicable state laws. The department shall perform such other duties and functions as may be delegated to it from time to time by the City Manager. Section 9 . 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 6 - 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 10. 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 day of 19 - Mayor - - 7 - AGENDA REGULAR SESSION OF THE CITY COUNCIL AUGUST 30, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public Hearing - budget. 1. An ordinance amending Chapter 2 of the Code of Ordinances. 2. A resolution appointing Dr. Lulu Smith as Health Authority. 3. An ordinance increasing the Hotel-Motel Room Occupancy Tax. 4. A resolution authorizing payment of firefighters in accordance with the arbitration award. 5. A resolution dedicating approximately 2. 1 acres of the Concord Street Service Center as a portion of Fair Park. 6. A resolution authorizing purchase of emulsified asphalt for the Street Division. 7. A resolution authorizing purchase of a wheel .tractor-loader for the Water Utilities Department. Other business, Hear citizens. Recess. RECONVENE FOR WORK SESSION. CONSENT AGENDA AUGUST 30, 1983 * Approval of Minutes. a. A resolution making committee appointments. b. A resolution authorizing payment of expenses for the fire- fighters arbitration. WORK SESSION AGENDA AUGUST 30, 1983 CITY COUNCIL CHAMBERS I. Discussion of policies for extension of utilities into the extra- territorial jurisdiction. 2. Discussion of budget. CONSENT AGENDA AUGUST 30, 1983 * Approval of Minutes. a. A resolution making committee appointments. b. A resolution authorizing payment of expenses for the fire- fighters arbitration. a. August 25, 1983 Council Letter 81 Honorable Mayor and Members of City Council Subject: Committee Appointments David Ledyard and Phyllis Mitchell would be appointed as Chairman and Vice- Chairman, respectively, of the Planning and Zoning Commission for one-year terms. Appointments to the Planning and Zoning Commission would be made as follows, for terms through July 30, 1986: Ted Blanton, Jr. , nominated by Councilman Cox and Bradley Viator, nominated by Councilman Turner. Reappointments to the Commission for terms through July 30, 1986, would be made as follows: Walter Mayer, Jr. , nominated by Mayor Neild; Gerald White, nominated by Councilman Deshotel , and David Ledyard, nominated by Councilman Turner. Herman Rogers and Suzy Juncker would be appointed as Chairman and Vice- Chairman, respectively, of the CDBG Citizens Advisory Committee for one-year terms. Nell Short would be reappointed to the CDBG Citizens Advisory Committee through May 31, 1985 and E.A. LaBauve, Jr. would be reappointed to the Parks and Recreation Advisory Committee through June 30, 1985. Both have been nominated by Councilman Turner. �2'1 N.Iu " Karl Nollenberger City Manager AGD"DA ITEM NO R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Expiration Appointments Commission Reappointments of Terms Ted Blanton, Jr . Planning & Zoning 7/30/86 Bradley Viator Planning & Zoning Planning & Zoning Walter Mayer, Jr . 7/30/86 Planning & Zoning Gerald White 7/30/86 Planning & Zoning David Ledyard 7/30/86 CDBG Citizens Nell Short 5/31/85 Advisory Park & Recreation E. A. LaBauve, Jr . 6/30/85 Ad vi sory BE IT FURTHER RESOLVED that David Ledyard will serve as Chairman and Phyllis Mitchell will serve as Vice-Chairman of the Planning & Zoning Commission for a one-year term. BE IT FURTHER RESOLVED that Herman Rogers will serve as Chairman and Suzy Junker will serve as Vice-Chairman of the CDBG Advisory Commission. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - b. August 25, 1983 Council Letter 74 Honorable Mayor and Members of City Council Subject: Firefighters Arbitration Expenses We are requesting payment of $2,704.20 to Charles Kothe, the City's member of the arbitration panel and $2,276.47 to Preston J. Moore, the neutral mem- ber. Sixty-five thousand dollars was appropriated for estimated expenses in this case. The payment of these two final bills will exceed the original es- timate by $3,081.96. Exceeding the estimate resulted from an expansion of the scope of services of Coopers and Lybrand to include an analysis and evi- dence concerning pension benefits. Approval is recommended. Karl Nollenberger City Manager GHARLEs A. KOTHE ATTORNEY AT LAW TELEPHONE C918) 742 - 1164 495-6008 4180 OAK ROAD TULSA. OKLAHOMA 74105 Statement To professional services as an arbitrator appointed by the City of Beaumont, in the Matter of Arbitration, between the City of Beaumont, and The International Association of Firefighters Locak 399, covering: Professional time, at a hearing (involving 2 (long) days) ; study time, 550 pages of abstract; review of briefs of both parties; preparation for and presentation at executive conference of panel of arbitrators; telephone conferences with City Attorney's office; filing of dissent, all requiring in excess of 6 business days - $2,400.00 Out-of-pocket expense: Cab to airport, Tulsa 10.50 Cab at Beaumont 13. 75 Tips Meals not on hotel bill 1.00 Air fare 3.95 Cab to Beaumont Airport 248.00 Tip 14.00 Cab to residence - Tulsa 1.00 Tip 11.00 1.00 Total $2,704.20 August 15, 1983 _ PR1r5T0N J. MOORS LAW OFFICES 6315 AVALON LANE OKLAHOMA CITY. OKLAHOMA 73118 July 28 , 1903 Mr . Lane Nichols Assistant City Attorney- Citv of Beaumont P . 0. Box 3827 Beaumont, Tx. 77704 Mr . Louis Hebert IAFF Local 399 2355 North 10th St. Beaumont, Tx. 77703 S T A T E i� E N T Case No . 71-30-0327-82 Interest Arbitration The City of Beaumont, Texas and IAFF Local 399 10 days travel , hearing and study @ $400 . 00 per day $4 , 000 . 00 Airline transportation Oklahoma City-Beaumont 236 . 00 Holiday Inn 144 . 44 Meals 58 . 00 Taxis in Beaumont 32 . 00 Airport parking Oklahoma City 22 . 50 Secretarial service 60 . 00 TOTAL $4 , 552 . 94 One-half payable by City ) ) $2, 276 . 47 each One-half payable by Union) F !44 R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the appropriate city official be, and he is hereby , authorized to pay the amount of Two Thousand Seven Hundred Four Dollars and Twenty Cents ($2,704 .20) to Charles Kothe and Two Thousand Two Hundred Seventy-six Dollars and Forty-seven Cents ($2 ,276 .47) to Preston J . Moore for fees and expenses in connection with arbitration between the City of Beaumont and Local 399 , International Association of Firefighters concerning wages and benefits for f iscal year 1982-83. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - WORK SESSION AGENDA AUGUST 30, 1983 CITY COUNCIL CHAMBERS I. Discussion of policies for extension of utilities into the extra- territorial jurisdiction. 2. Discussion of budget. W/S August 25, 1983 1. Council Letter 78 Honorable Mayor and Members of City Council Subject: Utility Extension Policies The City Council has received a request to extend utilities into an area located outside the existing corporate limits of the City of Beaumont. This request has pointed out that there are no existing policies governing this type of situation. The City Council has requested staff to develop such policies and to have them reviewed by the Planning Commission. The proposed policies for governing the extension of municipal utilities into the extra-territorial jurisdiction area of the City, as developed by the City staff, have been recommended for adoption by the Joint City/Development Com- mittee and the Planning Commission by a 5 to 0 vote on August 19th. In ad- dition, the legislative committee chairman of the Homebuilders Association has indicated general agreement with the policy recommendations. The pro- posed policies would allow utilities to be extended to serve areas outside the corporate limits if the following conditions have been met: - The developer would agree to meet all City codes and ordinances including zoning and building codes. - The developer would agree to annexation if requested by the city - The developer would agree to a service contract for payment in lieu of taxes. - The development would be in accordance with the Comprehensive Plan and would be compatible with surrounding development. The Water Utilities Department has submitted for review by the City Council amended Certificates of Convenience and Necessity for its facilities and service areas in Jefferson County. Most of the new land to be included in the service area is currently being served by City utilities. The major area proposed to accommodate future growth outside the corporate limits is "Area #5" located west of Major Drive and north of Calder, bounded on the west by the LNVA Canal . This area is shown as a growth unit in the Land Use Plan and future extension of utilities into the area would be in accordance with the Comprehensive Plan. r a Council Letter 78 August 25, 1983 Page 2 Staff recommends that the utility extension policies be adopted as submitted with the addition of the following condition: "The development would be located in the service area shown in City's Certificate of Convenience and Neces- sity as approved by the Public Utility Commission of Texas. " Karl Nollenberger ` City Manager W/S 1. August 25, 1983 Council Letter 80 Honorable Mayor and Members of City Council Subject: Certificates of Convenience and Necessity On March 1, 1976, the City of Beaumont filed applications with the Public Utilities Commission for Certificates of Convenience and Necessity for its water utilities facilities and service areas in Jefferson County. The en- closed map marked Exhibit "C" was included with the application. All of the City as of March 1, 1976, as well as the areas shown in black color outside the City limits were included in the service areas. Subsequently, Certifi- cate No. 10998 for its water utility service and Certificate No. 20400 for its sewer utility service were assigned to the City of Beaumont. It is required under the Public Utility Commission regulations that we up- date the Certificates periodically to reflect the service area which the City serves or plans to serve in the near future. Since the original filing, parts of Areas 2, 3 and part of 4, shown in yellow color on Exhibit "D", have been annexed to the City with water and sewer service being provided to these areas. Area #1, located west of Port Arthur Road and south of Spindletop Avenue is also being provided service. This area includes Texas Gulf Sulphur and a few small businesses and homes which have been served since the early 1950's. Area #2 is located south of Florida Avenue and east of the sewage treatment plant and consists of the solid waste landfill site and other property to the east which is not in the City presently. Area #3 is located south of Washington Boulevard, west of the LNVA Canal and was annexed in June, 1983. It is presently being de- veloped as a residential subdivision. Area #4, located along U.S. Highway 90, west of Municipal Airport, part of which was annexed in 1982, is the site of Betz Laboratory and Mobil . Area #5 is located west of Major Drive and north of Calder, bounded on the west by the LNVA Canal , and on the north by the City limit line. Different portions of the south section have been an- nexed on two occasions since 1978 and development continues. Boys Haven, located in the northeast corner of this area is served by both water and sewer and is outside the City limits. The original application for certificates in 1976 included some businesses which we have industrial contracts with in our service area. Also, the City provides water to three municipal utility districts - Cardinal Mea- dows Water District, south of the City, Northwest Forest Municipal Water District on Highway 105, four miles from the City and West Jefferson County Utility District for emergency water needs only. Council Letter 80 August 12, 1983 Pagd 2 An application to amend the existing water utility certificates along with the necessary maps, documents, and notices has been prepared. Upon approval for filing, notice will be mailed to those entities listed on Exhibit "B" and proper notice will be published in the paper for a public hearing on this issue. It seemed appropriate to renew this application now in light of the utility extension policy under consideration by the City Council presently. Karl Nollenberger City Manager Exhibit "B" City of Nederland Orange County WCID #1 P 0 Box 967 460 E. Bolivar Nederland, Tx. 77627 P 0 Box 1267 City of Rose City Vidor, Tx 77662 370 Rose City Dr. Jefferson County WCID #.10 Vidor, Tx. 77662 3707 Central Blvd City of Vidor Nederland, Tx. 77627 170 N. Main Vidor, Tx. 77662 Lumberton M.U.D. Lumberton Rural Station P 0 Box 8065 Lumberton, Tx. 77711 City of Lumberton P ,0 Box 8545 Lumberton, Tx. 77711 Cardinal Meadows WCID 245 Nash Vidor, Tx. 77662 West Jefferson County MIAT Rt 8 Box G395 Glenbrook Dr. Beaumont, Texas 77705 Meeker MWD Rt 5 Box 86 Beaumont, Tx 77706 Northwest Forest M.U.D. 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NEDERLAA,• CALENDAR ** Saturday, August 27 - Brown Center, Orange Seminar (DuPont) ** Sunday, August 28 - All That Jazz 6:00 P.M. - League of Women Voters - "Politics & All That Jazz" ** Monday, August 29 - AMFAC Hotel ; D/FW Airport 9:00 A.M. - Texas Municipal League Insurance Meeting Tuesday, August 30 - Council Chambers 1:15 P.M.. - Council Meeting, followed by Work Session * 5:00-7:00 P.M. - John Gray Institute; 855 Florida Building Preview Wednesday, August 31 - Leave Entex Service Center; 865 Franklin 9:00 A.M.-2:00 P.M. - Visit Bill Hill Project (Existing Industry Services Committee, Chamber of Commerce) * 1:00 P.M. - Ribbon Cutting - 865 Franklin 1:30-4:00 P.M. - Tours of Building * 4:00-6:30 P.M. - Executive Business Plaza; Washington Blvd. & Cardinal Drive Groundbreaking Ceremonies for Beaumont Hilton 4:30 P.M. - Council Chambers CDBG Citizens Advisory Committee Meeting * MAYOR ** MAYOR PRO TEM