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Home My WebLink AboutPACKET SEP 25 2007 N"W City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Tony Gibson would be reappointed to the Community Development Advisory Committee. The current term would expire May 23, 2009. (Councilmember W. L. Pate, Jr.) Jon Reaud would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Councilmember W. L. Pate, Jr.) Marvin Brailsford would be appointed to the Community Development Advisory Committee. The term would commence September 25, 2007 and expire September 24, 2009. (Mayor Pro Tern Audwin M. Samuel) Marvin Brailsford would be reappointed to the Small Business Advisory Board. The current term would expire November 25, 2008. (Mayor Pro Tern Audwin M. Samuel) A) Approve a resolution to write-off uncollectible water accounts B) Authorize the acquisition of five(5) properties in the Van Wormer Addition for the Downtown Event Center and Lake Park C) Authorize the acceptance of two (2)twenty foot wide drainage easements to serve the proposed Vision Village Subdivision D) Authorize the acceptance of two(2)ten(10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive E) Authorize the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District F) Approve change orders for the Martin Luther King, Jr. Park Project A City of Beaumont Council Agenda Item AMM E TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer(e) MEETING DATE: September 25, 2007 IILL''�� AGENDA MEMO DATE: September 14, 2007 REQUESTED ACTION: Council consider approving a resolution to write-off uncollectible water accounts totaling$33,087.85 for which each individual account exceeds $1,000. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible water accounts totaling $33,087.85 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off any individual account receivable identified as uncollectible when the balance due exceeds$1,000. All accounts have been terminated for at least one year and collection efforts have been unsuccessful. The termination dates for these accounts range from 4/1994 to 8/2006. A detailed report is attached. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at any time an account becomes collectible after having been written-off, the receivables of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. In addition,the customer shall not be able to obtain new water service with the City until the delinquent balance has been paid. BUDGETARYIMPACT None. PREPARED 9/12/07, 12:04:04 COLLECTION REPORT PAGE 1 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION 172441 ALLEN,JOHN D 060932158116 ( ) 2120 HARRIOT BEAUMONT TX 77705 415754 2120 HARRIOT ST 8/31/07 1,269.60 1,269.60 3/15/06 7 YES 204811 ANTOINE,ANGELA N 070512625308 (409) 455-6587 310 FERNDALE LN BEAUMONT TX 77707 214876 310 FERNDALE LN 8/31/07 1,838.49 1,838.49 10/25/05 6 YES 322587 BARTHELL,BRENDA LYNN 101444274506 (ono) 838-4342 2206 CROWNSPOINT DR AUSTIN TX 78748 187646 3850 BUCKINGHAM ROW 8/31/07 1,005.58 1,005.58 12/14/05 9 YES 53137 BOYD,LTONYA Y 020720700310 (409) 838-4967 2220 SABINE PASS AVE BEAUMONT TX 77701 164360 2220 SABINE PASS AVE 8/31/07 1,067.72 1,067.72 9/09/05 9 YES 198123 BRIGGS,JUDITH RACHELLE 070462542013 (409) 212-9349 3765 BAYOU RD BEAUMONT TX 77707 200364 3765 BAYOU RD 8/31/07 1,021.54 1,021.54 9/16/04 20 YES 357281 BUTLER,WILLIAM R 030165554710 ( ) 4395 CLEVELAND BEAUMONT TX 77703 428646 4395 CLEVELAND ST 8/31/07 1,069.49 1,069.49 8/31/04 4 YES 231417 CHAMBERS,ROBERT J 081032996701 ( ) 3395 ST JAMES BEAUMONT TX 77705 420118 3395 ST JAMES 8/31/07 1,978.52 1,978.52 1/21/99 2 YES 41095 CURL,BELINDA GAIL 020650553117 (409) 299-0120 2195 AVENUE A BEAUMONT TX 77701 189814 2195 AVENUE A 8/31/07 1,133.09 1,133.09 2/01/06 6 YES 57497 FOBBS,PHYLLIS T 010140764307 (409) 892-5929 3510 WEST BEAUMONT TX 77703 408452 3510 WEST 8/31/07 1,571.12 1,571.12 9/25/97 2 YES 250043 H & H DESIGN 091143276501 (409) 899-1296 P 0 BOX 3723 BEAUMONT TX 77704 160348 4110 ARTHUR ST 8/31/07 1,234.76 1,234.76 1/06/06 3 YES PREPARED 9/12/07, 12:04:04 COLLECTION REPORT PAGE 2 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ------ - ------ --------- CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION 78619 HINES,BRENDA R 030200952911 (409) 347-0981 4675 BUFFALO AVE BEAUMONT TX 77703 161874 4675 BUFFALO ST 8/31/07 1,249.85 1,249.85 5/04/05 3 YES 222003 LEWIS,LASHONNA S 081002843610 (409) 455-9106 2660 HARRIOT BEAUMONT TX 77705 133362 2660 HARRIOT ST 8/31/07 168.59 168.59 2/15/05 9 YES 337831 LEWIS,LASHONNA S 081004438311 (409) 832-3211 3025 GOLIAD BEAUMONT TX 77705 426310 3025 GOLIAD ST 8/31/07 925.93 925.93 7/18/05 17 YES 54405 NINFA'S MEXICAN RESTAURANT 032050723502 (409) 899-9600 2830 INTERSTATE 10 E BEAUMONT TX 77703-4922 408076 2830 I H 10 E 8/31/07 49.91 49.91 6/07/06 12 YES 361195 NINFA'S MEXICAN RESTAURANT 032055636300 (409) 899-9600 2830 INTERSTATE 10 E BEAUMONT TX 77703-4922 429190 2830 I H 10 E 8/31/07 2,318.80 2,318.80 6/07/06 18 YES 45969 PARRISH,CYNTHIA MONIC 020690604615 (409) 550-7731 3350 AVENUE C BEAUMONT TX 77705 122138 3350 AVENUE C 8/31/07 1,252.16 1,252.16 11/08/04 4 YES 3411 SCOTT,TROY V 010010052821 (225) 266-9975 190 MANNING BEAUMONT TX 77703 226522 190 MANNING ST 8/31/07 1,295.13 1,295.13 8/30/06 17 YES 373181 SOUTHWEST ROAD BORING 109005913400 (713) 299-1080 P 0 BOX 11357 HOUSTON TX 77293 175678 6095 COLLEGE ST 8/31/07 1,511.75 1,511.75 1/27/05 18 YES 164393 STEVENS,MARK ANTHONY 060922047103 (409) 840-6084 3980 USAN BEAUMONT TX 77705 229200 3980 USAN ST 8/31/07 2,038.48 2,038.48 3/23/06 10 YES 131239 THIBODEAUX,LEE 050301600702 (409) 835-4903 P 0 BOX 4108 BEAUMONT TX 77704 413194 2440 MC FADDIN 8/31/07 300.76 300.76 6/23/94 2 YES PREPARED 9/12/07, 12:04:04 COLLECTION REPORT PAGE 3 PROGRAM UT212L COLLECTION AGENCY - > $1000 -COUNCIL APPROVAL City of Beaumont - Customer Service ------------------------------------------------------------------------------------------------------------------------------------ CUSTOMER ID/NAME ALTERNATE CUSTOMER ID PHONE NUMBER MAILING ADDRESS - - - - - - MISCELLANEOUS INFORMATION - - - - - - - - - - - - - - - - - - - - LOCATION ID/LOCATION ADDRESS TRANSACTION TRANSACTION CURRENT TERMINATION TOTAL CREDIT HELD LOCATION DATE AMOUNT BALANCE DATE OFFENSES EXCEPTION 138615 THIBODEAUX,LEE M 050351693302 (409) 1169 LIBERTY BEAUMONT TX 77701 136084 1169 LIBERTY ST 8/31/07 1,367.65 1,367.65 4/12/94 2 YES 45817 THOMAS,MARY J 020690603402 (409) 550-2696 1705 HARRIOT BEAUMONT TX 77705 _ 122136 1705 HARRIOT ST 8/31/07 1,100.01 1,100.01 8/16/04 11 YES 64257 WATTS,KIRKPATRICK 010130809814 (409) 651-9.947 3735 JOHNSTOWN BEAUMONT TX 77703 197718 3735 JOHNSTOWN ST 8/31/07 1,956.38 1,956.38 2/02/06 9 YES 378857 WILLIAMS,MARY (409) 838-3628 5380 PHELPS RD BEAUMONT TX 77705 185244 610 GILL E ST 8/31/07 1,048.42 1,048.42 8/21/06 3 YES 263671 WMC MGMT COMPANY LLC 091163427703 (972) 788-0510 5080 SPECTRUM DR STE 100 EAST ADDISON TX 75001-4648 225890 4045 TREADWAY RD 8/31/07 931.90 931.90 4/12/05 2 YES 263701 WMC MGMT COMPANY LLC 091163428103 (972) 490-2810 5080 SPECTRUM DR STE 100 EAST ADDISON TX 75001-4648 421706 4045 TREADWAY RD 1 8/31/07 1,362.03 1,362.03 4/12/05 2 YES 75889 ZENN,DELORES THOMAS 030160926201 (409) 832-9425 2095 FILLMORE BEAUMONT TX 77703 197270 2095 FILLMORE ST 8/31/07 1,020.19 1,020.19 6/13/06 55 YES — COLLECTION AGENCY TOTALS- NO. OF CUSTOMERS- 27 33,087.85 33,087.85 DELETED RECORDS .00 .00 I B City ouncil Agenda Item •i• Y g ANSPIMIRIPIRIMEW.M112K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 19, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acquisition of five (5) properties in the Van Wormer Addition for the Downtown Event Center and Lake Park RECOMMENDATION The property owners listed below have agreed to accept the appraised value for their properties and convey said properties to the City for the Downtown Event Center and Lake Park Project. All properties were appraised by Bishop Real Estate Appraisers, Inc. 1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street) Appraised Value: $3,000.00 Owner: Estate of Elias de la Rosa, c/o Irma Harwell 2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie) Appraised Value: $11,000.00 Owner: Hugh E. O'Fiel 3. Lot 6, Block 24, Van Wormer Addition (335 Holmes) Appraised Value: $16,000.00 Owner: Warren L. Riley 4. North Part of Lot 1, Block 23, Van Wormer Addition (302 Holmes) Appraised Value: $3,500.00 Owner: Easter Anderson, Trustee 5. Part of Block:29, Van Wormer Addition (798 Bonham) Appraised Value: $2,000.00 Owner: Ronald F. Zummo Administration recommends authorization to acquire the properties above. i BACKGROUND These properties are needed for the Downtown Event Center and Lake Park Project. BUDGETARY EWPACT Funds are available in the Capital Program. enpeptemb"07-ib.wpd 19 September 2007 RESOLUTION NO. WHEREAS, an agreement has been negotiated for the acquisition of five (5) properties in the Van Wormer Addition as shown below and on Exhibit"A"attached hereto for the Downtown Lake Park: 1. Part of Lot 1, Block 23, Van Wormer Addition (314 Holmes Street) Appraised Value: $3,000.00 Owner: Estate of Elias de la Rosa, c/o Irma Harwell 2. Lot 12, Block 24, Van Wormer Addition (900 Crockett and Archie) Appraised Value: $11,000.00 Owner: Hugh E. O'Fiel 3. Lot 6, Block 24, Van Wormer Addition (335 Holmes) Appraised Value: $16,000.00 Owner: Warren L. Riley 4. North Part of Lot 1, Block 23, Van Wormer Addition (302 Holmes) Appraised Value: $3,500.00 Owner: Easter Anderson, Trustee 5. Part of Block 29, Van Wormer Addition (798 Bonham) Appraised Value: $2,000.00 Owner: Ronald F. Zummo NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the purchase of the five (5) properties in the Van Wormer Addition as shown above and on Exhibit"A"attached hereto for the Downtown Lake Park be and the same is hereby, approved: PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - .taY N �,�"� �L1S OS •�E os NI NV os t o a F ♦ 4 a o L 9Llf f 09 O Z £ Zi OS 6i9 ' VT s o f Ot oy. os w 09 my os t r4+ �• Ar ,•-r rrAr rJ . � � os u'ts os , �� i{: ✓{�i� o o x � '• i'. i. 'a� glzs" •lV / /Y J aS -z - pg. •o*i. os' �b,� pJ s P �o t 6 9 ' L' l.OS 09. of��09• QTY °Dy��S OS' OF OG `� 1 67 t .•:i'- -lam al tt of .s e 1 �asn/J =@B,ra'°,.r-s s°' q� ..,; Y�. .:{� O9 os .. � h-� �_ s ZZ ♦ .y' 9 .. Lh'98 8/ 'aaA• 'g .9 ��•�T,4t�'b :�Y Z r>r '�� t �l.t ; oc- oa .. �r Os MM Iry Ilk �. .7C j. � 9. y 81-f-4 i z os � ,. F' r�r Y ^ tc i •; _ '. '- � .F A• Kolb oc OS AJ sf-I = �.� '� v r-LZ-t� � - -,e J- � a `.. ',�, �r ��0 � �s r4 ES t�K: °v z+ a Ot' i yi � � 4•t�� °g"- '�_� ` �' •i k � � ��F � M 4" �� ; •� � S.iR 1 �1. y,C . ��, J' �` k ..� �`' 'Cl B L �r s II�' �s�- '�i { $ � ,•f � ::.,� x d4S.+ �.. t. .^h r�Vl-....- f �.• � � jrj" � �'` - ��F O O J -�iF• ..W�t*S H.t� a.R } � r - �' .94 � �� ti i,.. i C .9 g i Y ! �` d+C, ` F '9 - y� J � st�ti ${• yi� �� . .�,�. ash= r r ' 4 'L, "7� -�4` k•.':``_,.: Q�".aY;P d 2 f v;,� E't �(�er •i .','+t�. e.�"� " -' - of � � _•�i. •31•A.'C •' .� '. `9� �- � � � •` -\. � � � ,. os v_rZ ati ;� �,i o9 ! � ' •K. gat bD WIT M- : ate¢'. +�• - -.. o - _ -�-/. ;.oy - .. .. " .% r• 'sr ra •oJ.��i.�o ?��' gyp.�' •b!�:., •:: _ r' ,. - - -. ,. ��°' � f�y�,.!�✓.. J� .. •mss+ •. /��- ,_ - - -• � � t ...... City g Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager 'f•VO. PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 14, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) twenty foot wide drainage easements to serve the proposed Vision Village Subdivision. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Phelan Investments has agreed to convey two (2)twenty foot(20')wide Drainage Easements to the City of Beaumont. The proposed Drainage Easements would serve the 42.227 acre subdivision to be known as the Vision Village Subdivision. The easements are located on adjacent properties to the subdivision and would allow the site to drain to facilities maintained by Jefferson County Drainage District No. 6. 1. 20' x 55' easement (0.0248 acre) out of C. Williams Survey Parallel to Major Drive Owners: Phelan Investments 2. 20' x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4 Willow Creek One, Section 3 off Bonney Briar Place Owners: Phelan Investments BUDGETARY IMPACT None. engvi si on_village-ib.wpd 14 September 2007 RESOLUTION NO. WHEREAS, Phelan Investments has offered to convey to the City of Beaumont two (2) twenty foot (20') wide Drainage Easements as shown below and described in Exhibit "A" and shown on Exhibit"B"attached hereto, to serve the 42.227 acre subdivision to be known as the Vision Village Subdivision: 1. 20' x 55' easement (0.0248 acre) out of C. Williams Survey Parallel to Major Drive Owners: Phelan Investments 2. 20' x 110' easement (0.0497 acre) out of Lots 28 and 29, Block 4 Willow Creek One, Section 3 off Bonney Briar Place Owners: Phelan Investments and; WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Phelan Investments as referenced above and described in Exhibit 'A" and shown on Exhibit "B" be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - Y . Y Fittz & Shipman INC Consulting Engineers and Land Surveyors EXHIBIT "A",PAGE 1 OF 3 FIELD NOTE DESCRIPTION FOR A 0.0248 ACRE TRACT FOR A 20' DRAINAGE EASEMENT OUT OF THE ' CHARLES WILLIAMS SURVEY,ABSTRACT 59 JEFFERSON COUNTY, TEXAS DECEMBER 22, 2006 That certain 0.0248 acre tract out of the Charles Williams Survey, Abstract 59, Jefferson County, Texas, for a 20' drainage easement across a portion of a called 157.852 acre tract conveyed to J. H. Phelan as recorded in Volume 396, Page 321 of the Deed Records of Jefferson County, Texas, said 0.0248 acres being more particularly described by metes and bounds as follows: NOTE The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87 026'15" East 1558.09 feet. COMMENCING at a %" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas from which a %" iron rod found for the southeast corner of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87 006'25" East); THENCE South 87 006'11"West along the said south line of the 41.64 acre tract a distance of 1685.83 feet (called South 87°06'25" West) to a point for the northeast corner of the said 0.0248 acre tract and the POINT OF BEGINNING; THENCE South 02 040'48" East along the east line of the said 0.0248 acre tract a distance of 61.72 feet to a point in the northeaster) line ' y of a 80 drainage easement as recorded in Volume 1584, Page. 250 of the Deed Records of Jefferson County, Texas for the southeast corner of the said 0.0248 acre tract; THENCE North 55 020'15" West along the said northeasterly line of the 80' drainage easement and the south line of the said 0.0248 acre tract a distance of 25.16 feet to a point for the southwest corner of the said 0.0248 acre tract; THENCE North 02 040'48" West along the west line of the said 0.0248 acre tract a distance of 46.38 feet to a point in the said south line of the 41.64 acre tract for the northwest corner of the said 0.0248 acre tract from which a '/" capped iron rod set for the southwest corner of the said 41.64 acre tract in the east right-of-way line of Major Drive (aka F.M. 364) bears South 87 006'11"West 13.65 feet (called South 87 006'25"West); Fittz&Shipman,Inc. Page 1 of 2 Project No. 05715Esmtl Plat&Description 1405 Cornerstone Court,* Beaumont, Texas 77706 • (409) 832-7238 • fax (409) 832-7303 EXHIBIT"A" PAGE 1 of 3 EXHIBIT "A", PAGE 2 OF 3 THENCE North 87 006'11" East along the said south line of the 41.64 acre tract and the north line of the said 0.0248 acre tract a distance of 20.00 feet (called North 87006'25" East) to the POINT OF BEGINNING and containing 0.0248 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz &Shipman, Inc. during November 2006. Walter J. Ksiaz , �P;.••••.�1' Registered Professi al Land Sury r No. 5321 *�;•Q��t*E�F ��'# YI�ALTER J. KSIAZEK 1 .•09 5321 ��. � �,�•�;ESS14;�oQ, SURVE� Fittz&Shipman,Inc Page 2 of 2 Project No. 05715Esmtl Plat&Description EXHIBIT "A" PAGE 2 of 3 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) k36 ED COMMENCING PED POINT N ROD FOUND 1/2- FOUND 1/2' (CALLED S 87'06'25" W) IRON ROD IRON ROD 20,00 S 87'06'11" W 1682.19 Of 1685.83 r' POINT OF 162.71 co �cj BEGINNING WILLOW CREEK ONE O oM� w I SECTION 3 Y �I Q Z U O VOL 14, PG. 195, M.R.J.C. Q a N Z W Q lw REMAINDER OF ° IZ awIt �� J. H. PHELAN �0 O Q a VOL- 396, PG. 321, D.R.J.C. 0 I W O lb (CALLED 157.852 ACRES) $ C A—LE N O I M o �N O mss?s dw NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A E,y s' CALLED 42.227 ACRE TRACT(UPON RESURVEY Nl W !j. FOUND TO CONTAIN 41-64 ACRES) CONVEYED TO W Ur EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, (� Q INC. AS RECORDED IN FILM CODE 105-02-2252, REAL PROPERTY RECORDS OF JEFFERSON COUNTY,HAVIN a EXAS FEETG BEEN CALLED NORTH 87'26'15' EAST W �, sa CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. - DESCRIPTION OF SERVICES q9iREQUESTED; m 2—ODRAINAG= EASEMENT CERTIFICATION: 7'rBy gO DiS. I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ON x ac'POC,T THE GROUND UNDER MY SUPERVISION, DURING hQyEM R V()(1F W DSO 4.O THE ABOVE TRACT BEING LOCATED AT MAJOR DRIVE (AKA F.M. 364), BEAUMONT, TEXAS 77707 Qq E AND BEING DESCRIBED AS A 0.0248 ACRE TRACT OUT OF THE CHARLES WILLIAMS PAGE Y ABSTRACT 9 FF 5 AS RECORDED IN VOLUME — — OF THE DEED RECORDS OF SURVEY J R DN COUNTY, TEXAS. 8 REVISION DATE WALTER J. KSIA EK �:•QtiG�*RF/Sy° *4 REGISTERED PROFESSI AL LAND SU YOR NO 5321 WALTER J. K31AZEk DATE: 12-21-06 FIELD _ w BO 06-01 • 5921 „. K.NO..- '�� a •� $5� �• ESMT 1 Cons and i4!ndSury NC `�� 3liRVy�Q. :; JOB NO.. p—57 - 1405-CORNERSTONE COURT - BEA646NT.'TFXAS: Fittz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0497 ACRE TRACT FOR A 20' DRAINAGE EASEMENT ACROSS LOTS 28 AND 29,BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 JEFFERSON COUNTY, TEXAS DECEMBER 21,2006 That certain 0.0497 acre tract, for a 20' drainage easement across Lots 28 and 29, Block 4 of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas, said 0.0497 acres being more particularly described by metes and bounds as follows: NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87 026'15" East 1558.09 feet. COMMENCING at a %2" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of said Lot 29 from which a %2" iron rod found for the southeast comer of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87 006'25" East); THENCE South 87°06'11"West along the said south line of the 41.64 acre tract and the north line of said Lot 29 a distance of 147.25 feet (called South 87 006'25" West) to a point for the northeast corner of the said 0.0497 acre tract and the POINT OF BEGINNING; THENCE South 03 004'34" East along the east line of the said 0.0497 acre tract a distance of 106.16 feet to a point in the north right-of-way line of Bonney Briar Place and the south line of said Lot 29 for the southeast comer of the said 0.0497 acre tract; THENCE along the said north right-of-way line of Bonney Briar Place and a portion of the south line of said Lots 29 and 28 with a curve to the left having a chord bearing of South 69°59'00" West, a chord distance of 20.91 feet and a radius of 40.00 feet, a distance along the curve of 21.15 feet to a point in the said south line of Lot 28 for the southwest corner of the said 0.0497 acre tract; THENCE North 03 004'34" West along the west line of the said 0.0497 acre tract a distance of 112.32 feet to a point in the north line of said Lot 28 and the south line of the said 41.64 acre tract for the northwest corner of the said 0.0497 acre tract from which a found 1 1W iron pipe bears South 87°06'11" West 702.83 feet (called South 87°06'25"West); Fittz&Shipman, Inc. Page 1 of 2 Project No. 05715Esmt2 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303 EXHIBIT "B" PAGE 1 of 3 THENCE North 87°06'11" East along the south line of the said 41.64 acre tract and a portion of the north line of said Lot 28, at 10.00 feet pass the northeast corner of said Lot 28 and the northwest comer of said Lot 29, and continuing along a portion of the north line of said Lot 29 a total distance of 20.00 feet (called North 87 006'25" East) to the POINT OF BEGINNING and containing 0.0497 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. during November 2006. Walter J. Ksiazek > OF tF� Registered Profession Land Sury or No. 5321 '{o; FGIs NALTER J. KSIAZEK �Yo9O 5321 ��• ��•. pa OQ N SURVEY Fittz&Shipman,Inc. Page 2 of 2 Project No.05715Esmt2 Plat&Description EXHIBIT "B" PAGE 2 of 3 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) FOUND 1 1/4' IRON PIPE (CALLED S 87'06'25' W-DEED) S 87'06'11" W 1032.79 702.83 20 00 147.25 162.71 I I POINT OF (CALLED S 69'40'05' W-PLAT) COMMENCING 1 I BEGINNING POINT FOUND 1/2' - FOUND 1/2" IRON ROD ————-4— — -————————————————————— IRON ROD 10.00 10.00 I 20'UTILITY EASEMENT NI I`° WILLOW CREEK ONE C4 0 I to I ^I Iil a I SECTION 3 31 Q Z (W VOL. 14, PG. 195, M.R.J.C. nla:2 I N B L O C K 4 NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A pI I C) I CALLED 42.227 ACRE TRACT(UPON RESURVEY Q V) 0 15 O FOUND TO CONTAIN 41.64 ACRES)CONVEYED TO LOT 28 pl�W 10 I INC.EMMANUEL RECORDED INHFILMHCODEJ105S 02H 2252, Z I I V1 LOT 29 s C A L E REAL PROPERTY RECORDS OF JEFFERSON COUNTY, 44..1 TEXAS HAVING BEEN CALLED NORTH 87'26'15"EAST u O E%1`,iTING 29' X 10' I I 1558.09 FEET. F M /-1 UTILITY EASEMENT (—a' W 5'EACH SIDE \ CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST INC. d LOT 30 w 04 I J fpq OtiC� DESCRIPTION OF SERVICES REQUESTED:20' DRAINADRAINAGEASEMENT <ti egSFMip f � SURVEYOR'S CERTIFICATION: 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ON —� THE GROUND SUPERVISION, DURING NOVEMBER 2006. THE ABOVE TRACT ACT B BEININ G LOCATED AT BONNEY BRIAR PLACE BEAUMONT, TEXAS 77707 AND BEING DESCRIBED AS A 0.0497 ACRE TRACT OUT OF LOTS 28 & 29, BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 BRIAR B \\ \1 AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. , ' PLACE I 1 REVISION DATE NUMBER DELTA RADIUS ARC CHORD CHORD BEARING C7 30'17'57" 140.00 121.15 120.91 IS 69'59'00" W WALTER J. KSIAZEK *�•��GGI*Rl`��' • r CALLED 140.00 REGISTERED PROFESSI L LAND S VEYOR NO. 5321 DATE: 12-21-06 WALTER J.KSIAZEK FIELD F9ttz&S up an BOOK NO.: 06-08 Consu! g INC. •,FESS�Q • ESM T 2 dn8 ng' rs and Land Surveyors •••••• Q JOB NO :05715 1405 CORNERSTONE COURT BEAUMONT, TEXAS $�pVS" :409 a32�7238 .. ._.. . -.�... -`FAX. 4pg 832:_7303.• _.. , City ouncil Agenda y g da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Value Place Beaumont,L.L.C.has agreed to convey two(2)ten(10)foot wide exclusive Water Line Easements to the City of Beaumont. The easements will provide service for the Value Place Hotel located at 2375 IH 10 South. 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] BUDGETARY IMPACT None. en a1u 1 gv e�ace-ib.wpd 17 September 2007 RESOLUTION NO. WHEREAS, Value Place Beaumont, L.L.C., has offered to convey two (2) ten foot (10') wide water line easements as shown below and described in Exhibit "A" and shown on Exhibit "B" attached hereto, to serve Value Place Hotel located at 2375 IH-10 South: 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] and; WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Value Place Beaumont, L.L.C., as shown above and described in Exhibit"A"and shown on Exhibit"B"be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - i WARTECH "Recognizing the landmarks of the past.....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthev,RPLS J.L.Sims,Jr.,RPLS Michael S.Kethan,RPLS EXHIBIT "A" Page 1 of 4 August 15, 2007 Surveyor's Field Note Description: 0.159 Acre Exclusive City Watermain Easement and a 0.005 Acre Exclusive City Watermain Easement BEING a 0.159 acre (6932 square feet) tract of land (Exclusive City Watermain Easement No. 1) and a 0.005 acre (Exclusive City Watermain Easement No. 2), being out of and a part of Lot 3A and Lot 6A as conveyed to Value Place Beaumont LLC by a Special Warranty Deed dated July April 26, 2007 and filed for record under Clerk's File No. 2007016367 of the Official Public Records of Jefferson County, said Lots 3A and 6A being more fully described and shown in Amended Plat of Lots 3, 4, 5, and 6, Block 2 of Executive Business Plaza dated July October 20, 2006 and filed for record under Clerk's File No. 2006041569 of said Official Public Records of Jefferson County and being situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being more particularly described as follows: Exclusive City Watermain Easement No 1 —0 159 Acre Tract COMMENCING at a 1/2" iron rod with cap found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the southwest corner of said Lot 3A and the northwest corner of called Lot 4A as conveyed to Mickey Phelan B Land L.P. and Eleven Phelan B L.L.C. by a Special Warranty Deed dated December 31, 2000 and filed for record under Clerk's File No. 2001000212 of said Official Public Records of Jefferson County, same being shown as Account No. 019650-000-000500-00000-0 of the Jefferson County Appraisal District; THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.04 feet along the south line of said Lot 3A and the north line of said Lot 4A, to a point beginning a curve to the right, from which a 1/2" iron rod found for the southeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 518.78 feet; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 29 min. 26 sec., an arc length of 14.73 feet, and a chord bearing North 04 deg. 28 min. 45 sec. East 14.73 feet, to a point for the southwest corner and PLACE OF BEGINNING of the herein described tract, THENCE, continuing along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 20 min. 03 sec., an arc length of 10.03 feet, and a chord bearing North 04 deg. 53 min. 30 sec. East 10.03 feet, to a point for the most westerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min .50 sec. East a distance of 408.74 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 7.00 feet to a point for corner; 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 N:\Survey_data\PROJECTS\Projects2007\2 Tel: 409.866.9769 Fax: 409.866.7075 EXHIBIT "A" www.wortech.com, I JL W�RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 4 THENCE South 89 deg. 34min. 50 sec. East a distance of 10.00 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 7.00 feet to a point for corner; THENCE South 89 deg. 34 min. 50 sec. East a distance of 22.16 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 161.83 feet to a point for the most northerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min. 50 sec. East a distance of 10.00 feet to a point for the most easterly northeast corner of the herein described tract; THENCE South 00 deg. 25 min. 10 sec. West a distance of 161.83 feet to a point for comer; THENCE South 89 deg. 34 min. 50 sec. East a distance of 66.06 feet to a point for the most easterly northeast corner of the herein described tract, same being located in the east line of said Lot 6A and said Value Place Beaumont LLP tract, and the west right-of-way of Executive Boulevard (60 feet wide public right-of-way); THENCE South 00 deg. 25 min. 29 sec. West a distance of 10.00 feet, along and with the east line of said Lot 6A and said Value Place Beaumont LLP tract, same being the west right-of-way of said Executive Boulevard, to a point for the southeast corner of the herein described tract; THENCE North 89 deg. 34 min. 50 sec. West a distance of 287.54 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 34.94 feet to a point for corner; THENCE North 00 deg. 25min. 10 sec. East a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 195.26 feet to the PLACE OF BEGINNING, containing 0.159 acre of land (6932 square feet), more or less. Exclusive Citv Watermain Easement No 2—0.005 Acre Tract COMMENCING at a 1" iron pipe found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the northwest corner of said Lot 3A and the southwest corner of called 6.00317 acre tract as conveyed to Beaumont Hotel Partnership, LTD. by a General Warranty Deed dated September 27, 1983 and filed for record under Film Code No. 100-33- 0640 of said Official Public Records of Jefferson County; N:\Survey_data\PROJECTS\P rojects2007\2007-105\2007-105 LEGAL.doc W ,,RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 3 of 4 THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.33 feet along the north line of said Lot 3A, same being the south line of said 6.00317 acre tract, to a point for corner beginning a curve to the left, from which a 5/8" iron rod found for the northeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 494.82 feet; THENCE, in a southwesterly direction along the arc of said curve to the left, having a radius of 1720.32 feet, a central angle of 00 deg. 17 min. 57 sec., an arc length of 8.98 feet, and a chord bearing South 10 deg. 34 min. 58 sec. West 8.98 feet, to a point for the northwest corner and PLACE OF BEGINNING of the herein described tract; THENCE South 79 deg. 53 min. 20 sec. East a distance of 21.54 feet to a point for the northeast corner of the herein described tract; THENCE South 10 deg. 06 min. 40 sec. West a distance of 10.00 feet to a point for the southeast corner of the herein described tract; THENCE North 79 deg. 53 min. 20 sec. West a distance of 21.57 feet to a point for the southwest corner of the herein described tract and beginning a curve to the right; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 19 min. 59 sec., an arc length of 10.00 feet, and a chord bearing North 10 deg. 16 min. 00 sec. East 10.00 feet, to the PLACE OF BEGINNING, containing 0.005 acre of land (216 square feet), more or less. (This description is based upon a survey made on the ground under my direct supervision on August 8, 2007 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the South line of said Value Place Bea mont LLC tract, as being called North 89 deg. 34 min. 50 sec. West.) r Michael Kethan P.�E.OF,•TF� Registered Professional Land Surveyor srFq•.,9�, pr Fa .MICHAEL KETHAN ...�w..r....o...............so �q�ESS��?Q N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc EXHIBrT MP EXEdUTIVE BOU VARD PACE 44 OA 4 a NOT VICINITY TO SCALE s w o (60' PUBLIC R.O,V CALL S00'25'29"W 193.52' W FND S00'25'29"W 193.52' F11.. RiOD °CORPORAT f FND s/e' F'rFp I. ROD c ° �GIiL�, EXECUTIVE -� _ Sp S P` O� L8 L7 L6 LID L4 z � a 0 o L2 =W LOT 6A 0' 30' 60' 120' W �" Q Z J.W. BULLOCK SURVEY a SCALE: 1"=60' a$ wo� ABSTRACT N0. 7 ° LINE TABLE oo;w- _ W LINE BEARING DISTANCE `z u W�'` LI S89'34'50'E 408.74' ��LV VALUE PLACE BEAUMONT LLC ��?° L2 N00'25'10"E 7.00' CALLED LOT 3A AND 6A o-1 W L3 589'34'50"E 10.00' AMENDED PLAT OF EXECUTIVE BUSINESS PLAZA ;o o g m n v m Z o La S00'25'10-W 7.00' N SPECIAL WARRANTY DEED if1�j APRIL 26, 2007 - o m; .8 L5 589'34'50"E 22.16' C.F. NO. 2007016367 ,,o W n 8-1 L5 N0O'25'10'E 161.83' O.P.R..C. m 06,°„ a w a L7 589'34 50 E 10.00' -N ^ r1 rt ;m p p LB 500'25 10 161.83' w w °� 6 `��'i a z W Z L9 S89'34 50 E 66.06 to rn '� 3 ,}„ o LL L10 500'25 29' 10.00' v a ? DoT LINE cv 3 " v W w Lt t N89'3a 50 w 267.54 �C w S'� L12 S00'25 10_ 2.00' N co a s °' L13 N89'34'50 W 34.94 In N M:�i - L14 NOO'25 10-E 2.00 °i°' LIS N89'34'50-W 195.26' <O AMENDED PLAT Of Z ° v LOTS 3, 4, 5 AND 6, BLOCK 2 n z Z m S:? LI6 579'53'20 E 21.54' EXECUTIVE BUSINESS PLAZA p�W �$ L17 510'06'40"W 10.00' OCTOBER 20, 2006 .a .a U 3 o L18 N79-53.20-W 21.57' C.F. NO. 2006041569 O.P.R.J.C. o aa$ ABBREVIATIONS n 0.159 ACRE „`1y o: 10 f FND FOUND m I. IRON uNi W 6932 SQ. F7'. g 50.FT. SQUARE FEET Nx a Li Z j a �O.P.R .J .C. OFFICIAL PUBLIC RECORDS LOT 3A U p1 OF JEFFERSON COUNTY m^ N C.F.° No. NUMBER ° M z POC PLACE OF COMMENCING w EXCLUSIVE CITY x WATERMAIN EASEMENT NO. 1 u POO PLACE OF BEGINNING W Q BEARINGS SHOWN HEREON ARE BASED VALUE PUCE BEAUMONT AND/OR ROTATED TO THE SOUTH LINE OF 2375 IHIO SOUTH .4 THE VALUE PLACE BEAUMONT LLC TRACT BEAUMONT, TEXAS 77705 't CALLED N89'34'50'W IN CLERK'S FILE NO. J F- RECORDS OFFICIAL PUBLIC OF JJEFFERSONCOUNTY. ORDS EXCLUSIVE CITY _j THIS SURVEY WAS PREPARED WITHOUT THE WATERMAIN EASEMENT NO. 2 BENEFIT OF A CURRENT COMMITMENT FOR TITLE INSURANCE OR ABSTRACTOR'S LI7 0.005 ACRE POB - WATERMAIN CERTIFICATE AND THEREFORE EASEMENTS EASEMENT NO. 1 OR ENCUMBRANCES MAY EXIST WHICH ARE --- 216 SQ. FT. Zj;= NOT SHOWN HEREON. 2 _ c1 __POC - WATERMAIN 4.4 12 IIIA FND 1' _ -- _-_ - _ I. PIPE POC C5 20.04' --EASEMENT N0. 1 NATERMAIN CfARDINAL D ��;W ROD'/ oop CURVE TABLE z1f 10 � ANID W- W ti 1 =m° CURVE DELTA ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH gAIVCE C1 00'29'26 1720.32' N04'28'a5 E 14.73' 14.73' C2 0020'03 1720.32 N0.53'30 E 10.03' 1 0.03' C3 00'17'57 1720.32 S10'34 58 8.98' 8.98' C4 00'19'59" 1720.32' N10'16 00"E 10.00' 10.00' FND C5 06'25 20 1740.32 N 0724'05" E 194.97 195.07' CALL CS 1740.32' 195.07' JOB NO: 2007-105 SURVEYOR'S CERTIFICATION FIELD BOOK: 650/10 OF DR.BY: MWG ,`��ST�r, ' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS DATE: 8/15/07 �jf O q t� SURVEY PLAT ACCURATELY REPRESENTS AN ON THE F GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON SCALE: 1"=60' j\ AUGUST 8, 2007, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE "MICHAEL KETHAN PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSON WRTE C H 9 � COUNTY. XAS. LAND SURVEYORS, INC. pR886% Beaumont,Texas exas 77 06-3109 �SURV� � Tel: 409.866.9769 lzpt4''�1/t Fax:409.866.7075 SU V YUR '- www.wortech.com Exhibit "B" E ,"O%- ' City Council Agenda Item 6.. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 18, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District. RECOMMENDATION Administration recommends approval of executing a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside City limits at the corner of Hwy. 124 and Frint Drive. BACKGROUND The Texas Commission on Environmental Quality; Chapter 290, Sub-Chapter D, Rules and Regulations for Public Water Systems, require municipalities to execute service agreements with wholesalers as well as non-transient,non communities,which are not a community water system but regularly serve at least twenty-five(25)of the same persons at least six months out of the year. Once service agreements are executed with such entities,they will be required by State law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer service to sixteen(16)industrial customers and 4,800 commercial customers. The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary sewer service to an RV park located outside Beaumont's City limits. Phase I of the project will provide service to twenty-six(26) spots and Phase II will accommodate fifty(50) additional spots. The estimated total daily flow of 15,000 gallons will have minimal impact on the forty-seven(47) million gallons a day treatment capacity of the Wastewater Treatment Plant. The agreement is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Sewer line extensions and required lift station construction is funded by the owner of the RV park. The City of Beaumont will not participate with any of the construction cost, and will not be responsible for the maintenance of the new infrastructure. SAMPLE WASTEWATER SERVICE AGREEMENT City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ West Jefferson County MUD WHEREAS,West Jefferson County MUD,doing business in the State of Texas(herein"Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on ,2007, for the City to provide provisions of sanitary sewer services to Owner. WHEREAS,the City and Owner desire to adopt a Service Agreement Contract for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH I Owner agrees to maintain, free of charge to the City, the sewer lines within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice,unless under an emergency situation,for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site City of Beaumont 1350 Langham Road Water Utilities Department Page 1 of 5 Beaumont,Texas 77707 access rules while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City, with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property,and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right, at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent, Owner agrees to repair and re-calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter- jurisdictional agreement will be evaluated prior to discharge. V Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the City sewer use ordinance(Ordinance No. 03-018). VI City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 5 Beaumont,Texas 77707 In the event of an overflow,by pass, or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VIl Owner agrees to pay to the City all charges for sewer service within Thirty(30)days from date of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right, upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance,Owner agrees to pay said amended rates. IX Owner agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. X This Contract shall be for a period of 12 months from and after the date of execution. City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 5 Beaumont,Texas 77707 XI Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries,and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme,Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont,Texas 77707 B. Dennis Greene West Jefferson County MUD 7824 Glenbrook Dr. Beaumont, TX 77705 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 5 Beaumont,Texas 77707 of said City to be hereunto affixed,and the said Customer,Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont,Texas, on this day of A.D., 2007. Customer CITY OF BEAUMONT/CITY MANAGER By' BY (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2007. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 5 Beaumont,Texas 77707 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside the City limits at the corner of Hwy. 124 and Frint Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 20, 2007 REQUESTED ACTION: Council approval of Change Order Nos. 2, 3 and 4 for Martin Luther King, Jr. Park. RECOMMENDATION Administration recommends approval of Change Order Nos. 2,3 and 4 for additional work at Martin Luther King, Jr. park in the amount of$32,607. BACKGROUND The construction contract was awarded by Council to N& T Construction, Inc. in the amount of $648,000. Construction is underway and the following improvements are recommended: Change Order No. 2 is the cost to imprint the new memorial bricks that will be placed along the walkway. The original memorial bricks installed in the boulevard on MLK Parkway are scheduled to be replaced. Change Order No. 2 is the cost for imprinting 261 new bricks. Upon completion of the park, the original memorial bricks will be removed from the parkway and offered to the families that purchased them. The cost for imprinting is $6,635. Change Order No. 3 is the cost for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source. Entergy moved the overhead lines but the property owner is responsible for the service breakers and connection. A concrete pedestal and a secure aluminum enclosure was constructed to accommodate the service breakers. The cost for this change order is $8,303. Change Order No. 4 includes furnishing and installing new light fixtures in the parking lot. The high mast light fixture on the park site is sufficient lighting for the park, however, it does not provide enough lighting in the parking area. Staff requested a price from the contractor to furnish and install seven(7)light fixtures in the parking area. The cost includes all trenching,wiring and light pole bases for a complete installation. The cost for the additional lighting is $17,669. M.L.K. Park- Change Order September 20, 2007 Page 2 No additional days for completion were requested. The base bid of$648,000 was increased by Change Order No. 1 to $695,476. Change Orders No. 2, 3 and 4 increase the original contract amount by five percent (5%). Total percentage increase to date is twelve percent (12%). BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to N & T Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr. Park; and, WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2 ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick pavers in a charcoal finish thereby increasing the contract amount by $47,476 which increased the total contract amount to $695,476; and WHEREAS, Change Order No. 2 is required to imprint 261 new memorial bricks that will be placed along the walkway thereby increasing the contract amount by $6,635 for a total contract amount of$702,111; and WHEREAS, Change Order No. 3 is required for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source thereby increasing the contract amount by $8,303 for a total contract amount of $710,414; and WHEREAS, Change Order No. 4 is required for furnishing and installing new light fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total contract amount of$728,083; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order Nos. 2, 3 and 4 increasing the contract amount by$32,607 for a total contract amount of$728,083 for the construction of Martin Luther King, Jr. Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - nxm City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 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 1-7 and 16 and 17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2008 Budget 2. Consider adopting the 2008 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) EXECUTIVE SESSION * Prior to considering Agenda Item 5, the City Council will hold an Executive Session in accordance with Section 551.071 of the Government Code to: Consult with the City Attorney regarding legal issues related to the proposed Collective Bargaining Agreement between the City of Beaumont and the Beaumont Police Officers Association. 5. Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 6. Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements 7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates 8. Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district 9. Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b)Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers 10. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to C-M(Commercial-Manufacturing) District for properties located at 715 and 745 Chamberlin 11. Consider approving a request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 7130 Eastex Freeway 12. Consider approving a request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive 13. Consider approving a request for a specific use permit to allow a middle/high school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1050 Broadway 14. Consider approving a request for a specific use permit to allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425'west of the northwest corner of College and 23' Street 15. Consider approving a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2390 Broadway 16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park 17. Consider approving an ordinance adopting local rules of the Beaumont Municipal Court 18. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston 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: Jim R.ideaux dba JR's Automotive- Small Business Loan The City of Beaumont v. International Association of Firefighters, Local Union 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 September 25, 2007 Consider adopting the FY 2008 Budget t1f...... City Council Agenda Item m K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider adopting the FY 2008 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2008 Budget as submitted to Council on August 14, 2007. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was held on September 4, 2007, which met the requirements of the Charter and state law. BUDGETARY IMPACT Proposed appropriation for all funds, net of a contingency, totals $209,621,700. Additionally, a contingency appropriation of$1,500,000 is made for the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2007, and ending the 30th day of September, 2008, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $96,319,100 b. Debt Service 13,828,800 C. Water Utilities 34,823,700 d. Solid Waste Management 9,112,400 e. Hotel Occupancy Tax 2,901,200 f. Henry Homberg Golf Course 537,800 g. Municipal Transit 11,369,000 h. Other Special Revenue 5,615,200 i. Capital Reserve 10,490,500 j. Fleet Management 6,628,300 k. Employee Benefits 17,121,200 I. General Liability 874,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one lineitem to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Sales and use taxes $ 36,123,710 $ 31,261,500 $ 34,573,000 $ 34,573,000 Property taxes 20,242,920 19,206,000 19,400,000 24,000,000 Industrial payments 11,491,345 12,142,800 12,081,600 12,501,000 Gross receipts taxes 6,830,089 6,220,000 6,613,600 7,485,000 Utility fund in lieu 6,279,000 6,936,000 6,936,000 6,936,000 Charges for services 3,470,410 3,396,000 3,455,800 3,595,100 Fines and forfeits 2,612,302 1,925,400 2,492,700 2,216,100 Licenses and permits 1,403,390 1,300,000 1,416,300 1,411,900 Culture and recreation 431,918 504,000 540,100 607,700 Interest earnings 1,162,366 1,200,000 1,480,000 1,480,000 Miscellaneous revenues 1,052,745 847,100 1,147,300 869,500 Transfers in - 645,700 645,700 645,700 TOTAL REVENUES 91,100,195 85,584,500 90,782,100 96,321,000 EXPENDITURES Police 24,142,266 25,525,100 25,756,400 26,640,800 Fire 18,339,874 19,428,400 19,344,800 20,235,200 Public Works 10,387,571 16,224,000 16,041,000 15,672,000 Public Health 5,882,174 6,503,700 6,632,300 6,848,900 Event Facilities and Libraries 3,342,531 3,613,800 3,339,900 3,987,000 Parks and Recreation - 3,688,900 3,797,500 3,928,600 Finance 3,477,709 3,266,600 3,184,600 3,305,800 Technology Services - 2,530,300 2,404,300 3,005,000 Community Development - - - 2,065,300 Executive Office 1,407,711 1,462,500 1,539,000 1,644,100 Human Resources 839,265 744,700 701,800 1,018,200 City Attorney 689,269 710,700 725,500 758,100 City Clerk 211,154 324,000 229,500 230,100 Internal Services 8,396,858 - - - TOTAL EXPENDITURES 77,116,382 84,022,700 83,696,600 89,339,100 OTHER USES Transfers out 7,406,000 6,326,000 6,326,000 6,980,000 TOTAL APPROPRIATIONS 84,522,382 90,348,700 90,022,600 96,319,100 EXCESS(DEFICIT)REVENUES OVER APPROPRIATIONS 6,577,813 (4,764,200) 759,500 1,900 BEGINNING FUND BALANCE 13,684,809 16,145,572 20,262,622 21,022,122 Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000 Unreserved 18,762,622 9,881,372 19,522,122 19,524,022 ENDING FUND BALANCE $ 20,262,622 $ 111381,372 $ 21,022,122 $ 21,024,022 Exhibit"A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Property taxes $ 12,540,524 $ 12,948,000 $ 12,966,000 $ 12,333,000 Interest earnings 190,957 180,000 240,000 200,000 Miscellaneous revenues 332,265 339,300 339,300 334,500 Contributions from other funds 818,707 815,400 815,400 830,000 TOTAL REVENUES 13,882,453 14,282,700 14,360,700 13,697,500 EXPENDITURES Principal and interest 13,639,935 14,319,500 14,224,500 13,820,800 Service charges 5,258 8,000 8,000 8,000 Other operating expenses - - 10,800 - TOTAL EXPENDITURES 13,645,193 14,327,500 14,243,300 13,828,800 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 237,260 (44,800) 117,400 (131,300) BEGINNING FUND BALANCE 2,032,960 1,820,254 2,270,220 2,387,620 ENDING FUND BALANCE $ 2,270,220 $ 1,7751454 $ 2387 620 $ 2,2564320 Exhibit"A" WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Water sales $ 19,756,896 $ 24,050,700 $ 23,469,000 $ 25,600,000 Sewer charges 6,905,280 5,538,600 5,847,300 6,315,100 Other fees and charges 3,635,749 1,683,000 1,730,600 1,650,000 Interest 441,505 375,000 520,000 500,000 Miscellaneous revenues 80,068 9,000 111,300 12,000 TOTAL REVENUES 30,819,498 31,656,300 31,678,200 34,077,100 EXPENDITURES Wages 5,477,132 5,826,600 5,663,400 6,170,300 Benefits 2,804,507 2,840,800 2,831,500 2,960,600 Operating supplies 927,065 953,200 958,100 961,300 Repair and maintenance 3,260,572 2,904,000 3,285,300 3,361,700 Utilities 2,561,521 2,395,100 2,421,200 2,591,800 Contract services 658,092 531,300 558,600 588,500 Capital 2,005,438 4,493,000 2,085,400 3,128,800 Debt service 8,023,914 9,022,900 8,925,100 9,160,700 Payment in lieu of taxes 4,973,000 5,630,000 5,630,000 5,630,000 Transfers to other funds 250,000 250,000 250,000 270,000 TOTAL EXPENDITURES 30,941,241 34,846,900 32,608,600 34,823,700 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES (121,743) (3,190,600) (930,400) (746,600) BEGINNING FUND BALANCE 10,837,765 9,271,707 10,716,022 9,785,622 Unreserved 10,716,022 6,081,107 9,785,622 9,039,022 ENDING FUND BALANCE $ 10,716,022 $ 6,081,107 $ 9,785,622 $ 9,039,022 Exhibit"A" SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Residential collections $ 5,457,976 $ 5,600,000 $ 5,500,000 $ 5,796,000 Landfill fees 4,070,961 1,800,000 2,750,000 2,400,000 Interest earnings 80,837 50,000 115,000 115,000 Miscellaneous revenues 39,885 2,500 5,900 - Proceeds from sale of assets 65,478 - 1,500 1,500 TOTAL REVENUES 9,715,137 7,452,500 8,372,400 8,312,500 EXPENDITURES Wages 2,093,669 1,855,700 1,817,200 1,995,800 Benefits 1,043,269 994,500 978,300 1,051,300 Operating supplies 1,022,169 879,400 754,400 943,300 Repair and maintenance 1,611,429 1,425,900 1,771,400 1,709,000 Utilities 44,196 44,400 36,800 41,000 Contract services 103,045 231,300 177,500 168,800 Capital 1,345,235 734,400 658,000 1,192,500 Debt service 677,219 670,800 670,800 619,700 Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,306,000 Transfers to other funds 75,000 75,000 75,000 85,000 TOTAL EXPENDITURES 9,321,231 8,217,400 8,245,400 9,112,400 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 393,906 (764,900) 127,000 (799,900) BEGINNING FUND BALANCE 2,206,440 2,053,736 2,600,346 2,727,346 Unreserved 2,600,346 1,288,836 2,727,346 1,927,446 ENDING FUND BALANCE $ 2,600,346 $ 1,2881836 $ 2,727,346 $ 1,9271446 Exhibit"A" HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Gross receipts taxes $ 2,366,831 $ 2,078,800 $ 2,425,000 $ 2,370,000 Interest earnings 23,328 7,000 37,000 35,000 Miscellaneous revenues 62,900 21,500 153,500 23,500 TOTAL REVENUES 2,453,059 2,107,300 2,615,500 2,428,500 EXPENDITURES Convention and Visitors Bureau 1,121,045 1,527,500 1,559,600 1,825,500 Convention Facilities 635,786 - - - Designated Programs 270,000 415,000 295,000 430,000 Transfers to Other Funds - 645,700 645,700 645,700 TOTAL EXPENDITURES 2,026,831 2,588,200 2,500,300 2,901,200 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 426,228 (480,900) 115,200 (472,700) BEGINNING FUND BALANCE 288,734 722,849 714,962 830,162 Unreserved 714,962 241,949 830,162 357,462 ENDING BALANCE $ 714,962 $ 241,949 $ 830,162 $ 357,462 Exhibit"A" HENRY HOMBERG GOLF COURSE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Charges for services $ 401,168 $ 432,000 $ 455,000 $ 453,800 Interest 1,282 1,200 5,000 5,000 Miscellaneous revenues 39,716 - 2,700 - Transfers in - 35,000 35,000 35,000 TOTAL REVENUES 442,166 468,200 497,700 493,800 EXPENDITURES Wages 181,667 190,900 168,500 190,300 Benefits 46,090 56,400 54,800 58,800 Operating supplies 54,625 55,600 61,600 62,600 Repair and maintenance 45,336 50,000 42,800 53,800 Utilities 19,629 18,000 18,300 19,000 Contract services 14,262 18,100 23,200 23,200 Capital - - - 54,400 Debt service 75,645 75,700 75,700 75,700 TOTAL EXPENDITURES 437,254 464,700 444,900 537,800 EXCESS (DEFICIT)REVENUES OVER EXPENDITURES 4,912 3,500 52,800 (44,000) BEGINNING FUND BALANCE 48,477 1,772 53,389 106,189 Unreserved 53,389 5,272 106,189 62,189 ENDING FUND BALANCE $ 53,389 $ 5,272 $ 106,189 $ 62,189 Exhibit"A" MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Service charges $ 581,136 $ 675,000 $ 625,000 $ 630,000 Intergovernmental revenues 2,449,496 10,466,900 3,311,800 8,907,000 Interest 4,112 - 7,000 7,000 Miscellaneous revenues 37,731 90,000 - 90,000 Transfers in 2,196,000 1,396,000 1,396,000 1,720,000 TOTAL REVENUES 5,268,475 12,627,900 5,339,800 11,354,000 EXPENDITURES Contract services 4,200,298 3,950,000 4,165,000 4,200,000 Capital outlay 31,042 8,269,000 1,289,300 7,169,000 TOTAL EXPENDITURES 4,231,340 12,219,000 5,454,300 11,369,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 1,037,135 408,900 (114,500) (15,000) BEGINNING FUND BALANCE (670,751) (376,080) 366,384 251,884 Unreserved 366,384 32,820 251,884 236,884 ENDING FUND BALANCE $ 366,384 $ 32,820 $_ 25�1,884 $ 236,884 Exhibit"A" SPECIAL REVENUE AND OTHER FUNDS STATEMENT OF REVENUES AND EXPENDITURES Balance FY 2008 Balance 10101/07 Revenues Approp. 09/30/08 Confiscated Goods $ 556,200 $ 250,000 $ 806,200 $ - Municipal Airport 4,600 147,400 152,000 Texas Motor Carrier violations 20,800 38,000 58,800 _ Municipal Court Security Fee 9,900 80,700 90,600 _ Municipal Court Technology 403,200 127,800 531,000 Municipal Court Juvenile Case Manager 27,400 60,000 87,400 - Rita Recovery 100,300 3,066,000 3,166,300 - Library Grants - 10,300 10,300 - Julie Rogers Theatre Endowment 116,200 5,000 21,200 100,000 (1) Tyrrell Historical Library 116,600 5,000 121,600 - Expendable Trust 268,700 43,400 312,100 Library Trust 144,600 8,000 152,600 - Library Endowment 840,900 30,000 96,000 774,900 (1) Historical Fire Museum - 9,100 9,100 - TOTAL $ 2,609,400 $ 3.880.700 $ 5,615.200 $ g74,9pp (1) Unexpendable endowment Exhibit"A" CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Fleet rental $ 1,210,300 $ 1,128,400 $ 1,128,400 $ 1,249,300 Interest earnings 85,086 50,000 300,000 200,000 Miscellaneous revenues 72,945 - 3,700 4,800 Transfers in 4,725,000 4,400,000 4,400,000 4,150,000 Proceeds from capital lease 621,623 - - - TOTAL REVENUES 6,714,954 5,578,400 5,832,100 5,604,100 EXPENDITURES Improvements 457,796 3,460,000 317,000 5,215,500 Equipment 535,771 1,696,700 866,900 1,085,900 Vehicles 1,877,496 2,302,600 2,211,700 3,436,500 Debt service 837,381 900,600 900,600 752,600 TOTAL EXPENDITURES 3,708,444 8,359,900 4,296,200 10,490,500 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 3,006,510 (2,781,500) 1,535,900 (4,886,400) BEGINNING FUND BALANCE 1,875,809 4,204,543 4,882,319 6,418,219 Unreserved 4,882,319 1,423,043 6,418,219 1,531,819 ENDING FUND BALANCE $ 4,882,319 $ 1,423,043 $ 6,418,219 $ 1,5 819 Exhibit"A" FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES User fees $ 6,134,571 5,769,700 6,222,000 6,388,800 Interest earnings 4,428 2,000 500 500 Miscellaneous revenues 2,858 - 800 - Transfers in - - - 300,000 TOTAL REVENUES 6,141,857 5,771,700 6,223,300 6,689,300 EXPENDITURES Wages 1,035,485 1,139,100 1,040,500 1,175,700 Benefits 524,719 540,000 525,000 541,400 Operating supplies 1,815,730 1,561,300 2,012,700 2,154,600 Repair and maintenance 2,065,825 1,819,700 2,105,600 1,923,700 Utilities 56,771 55,400 52,300 52,300 Contract services 719,426 573,100 714,500 740,400 Equipment 43,007 29,100 24,500 40,200 Transfers out - TOTAL EXPENDITURES 6,260,963 5,717,700 6,475,100 6,628,300 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (119,106) 54,000 (251,800) 61,000 BEGINNING FUND BALANCE 633,458 513,072 514,352 262,552 Reserved for inventory 350,000 350,000 261,752 322,752 Unreserved 164,352 217,072 800 800 ENDING FUND BALANCE $ 514.352 567,072 262,552 323.552 Exhibit"A" EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Service charges $ 12,032,829 $ 12,329,500 $ 12,329,500 $ 13,110,000 Employee contributions 2,223,407 2,350,000 2,395,100 2,571,000 Interest 234,796 175,000 260,000 250,000 Miscellaneous revenues 9,524 _ _ Transfers in - - - 230,000 TOTAL REVENUES 14,500,556 14,854,500 14,984,600 16,161,000 EXPENDITURES Health Preferred Provider Organization 6,195,785 6,435,000 6,564,000 7,306,500 Health Maintenance Organization 3,885,496 4,600,000 4,150,000 4,680,000 Health prescriptions 2,012,076 2,350,000 2,175,000 2,350,000 Dental 677,565 760,000 689,100 728,000 Other benefits 154,186 191,800 160,100 203,300 Total 12,925,108 14,336,800 13,738,200 15,267,800 Worker's Compensation Third party administration 61,733 62,400 62,400 65,000 Claims paid 674,852 1,000,000 900,000 1,000,000 Excess insurance 76,500 85,000 85,000 85,000 Safety management 162,790 169,500 150,000 178,400 Total 975,875 1,316,900 1,197,400 1,328,400 General Unemployment 79,793 100,000 50,000 100,000 Short-term disability 312,169 350,000 500,000 425,000 Total 391,962 450,000 550,000 525,000 TOTAL EXPENDITURES 14,292,945 16,103,700 15,485,600 17,121,200 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 207,611 (1,249,200) (501,000) (960,200) BEGINNING FUND BALANCE 3,853,316 4,256,463 4,060,927 3,559,927 Unreserved 4,060,927 3,007,263 3,559,927 2,599,727 ENDING FUND BALANCE $_ 4,060,927 $ 3,007,263 $ 36559,927 $ 21599,727 Exhibit"A" GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Interest $ 42,721 $ 15,000 $ 55,000 $ 55,000 Transfers in 775,000 775,000 775,000 825,000 TOTAL REVENUES 817,721 790,000 830,000 880,000 EXPENDITURES Professional services 194,804 100,000 25,000 100,000 Claims paid 583,361 700,000 700,000 770,000 Otherinsurance 4,136 4,500 4,200 4,500 TOTAL EXPENDITURES 782,301 804,500 729,200 874,500 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 35,420 (14,500) 100,800 5,500 BEGINNING FUND BALANCE 964,174 1,044,974 999,594 1,100,394 Reserved for unpaid claims _ _ _ _ Unreserved 999,594 1,030,474 1,100,394 1,105,894 ENDING FUND BALANCE $ 999,594 $ 1,030,474 $ 1,100,394 $_ 1,105,894 Exhibit"A" 2 September 25,2007 Consider adopting the 2008 Capital Program .•.... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer ;lt MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council considering adopting the 2008 Capital Program. RECOMMENDATION Administration recommends Council adopt the 2008 Capital Program as submitted to Council May 11, 2007 and revised August 14, 2007. BACKGROUND Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh(27`h)day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11, 2007. It was revised and submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was also held on September 4, 2007. BUDGETARY IMPACT In the proposed 2008 Capital Program, projects in the design or construction phase total $308,693,000 and include $185,050,000 in Public Works projects, $38,730,000 in General Improvement projects and$84,913,000 in Water and Sewer projects. Projects in the planned phase total $193,234,000 which includes$149,070,000 in Public Works projects, $10,440,000 in General Improvements and $33,724,000 Water and Sewer projects. The total capital program cost for all projects in the design or construction phase and the planned phase is $501,927,000. I I RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2008 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A". A public hearing was held September 4, 2007, in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - PUBLIC WORKS PROJECTS FY 2008-2012 Recommended Time Schedule Deslan or Construction Phase Estimated Cost FY 2008-2009 Babe Zaharias Drive $ 1,420,000 Calder- Main to Phelan 49,500,000 [1] Cartwright/Corley-Ditch 100d 1,200,000 [2] Concord IV - E. Lucas to Hwy. 105 16,000,000 [3] Dowlen - College to Walden 11,840,000 [4],[5] Dowlen - US 69 N to Delaware 10,600,000 [4] Downtown Improvements Neches - College to Laurel 1,500,000 Willow and Park - College to North 2,470,000 [6] Pearl Street - Calder to North 570,000 Future Improvements 2,400,000 Fannett Road 630,000 [4] Fannin Street-4th to 11 th 6,300,000 Gulf-Live Oak to Delaware 2,260,000 Hayes Gully 2,790,000 [7] Illuminated Street Markers Signalized Intersections-160 Locations 1,000,000 Laurel - IH-10 to Office Park 4,700,000 [4] Magnolia-Delaware to E. Lucas 5,240,000 Main - Calder to Blanchette 6,800,000 North Street - ML King to Twenty-Third 7,560,000 Old Dowlen - Dowlen to Hwy. 105 6,100,000 [8] Phelan - Major to Keith 4,800,000 Regina-Howell to Thomas 1,600,000 Rolfe Christopher - US 69 S to Virginia 5,500,000 School Sidewalk Program 1,000,000 Seventh Street - IH-10 to Laurel 4,200,000 Street Rehabilitation 3,000,000 Washington - IH-10 to ML King 16,650,000 Washington - Langham to Major 6,710,000 [4],[9] Wendelin/Keily 710,000 Total Design or Construction Phase $ 185,050,000 [1] Includes FEMA Funding of$23,665,180 and other potential funding of$1,950,000. The estimated cost to the City is$23,884,820. [2] This is a joint participation project with DD96.The estimated cost to the City is$1,200,000. [3] Includes Federal Highway Administration funding of 80 percent up to$7,375,000. [4] Air Quality issues will not be determined until a later date and could effect project timeline. [5] Includes Federal Highway Administration Funding of$2,764,800. [6J Includes Federal Highway Administration Funding of$512,000 for the section of Willow between North and Crockett. [7] This is a participation project with DD96.The estimated cost to the City is$700,200 [8] Includes TxDOT funding up to$4,000,000. [9] Includes Federal Highway Administration Funding of$3,080,000. Exhibit"N' PUBLIC WORKS PROJECTS FY 2008-2012 Recommended Planned Protects Estimated Cost FY 2008-2012 Avenue A-Washington to U.S.69 S $ 7,350,000 Caldwood Outfall 5,500,000 College Street - IH-10 to Gofiad 7,690,000 Delaware - Concord to Dowlen 12,100,000 Dowlen - Delaware to Gladys 7,500,000 East Lucas-U.S.69 N to Pine Street 12,600,000 Eleventh Street - Washington to US 69 15,750,000 Gladys Street - IH-10 to Dowlen 8,400,000 High School Ditch 9,130,000 Madison - Irving to Grove 2,470,000 Magnolia - Laurel to Delaware 7,860,000 Moore Street Relief 5,880,000 North Main Street - Calder to RR Tracks 1,890,000 Phelan - IH-10 to Dowlen 16,380,000 Pine Street - IH-10 to Crockett 3,780,000 Sabine Pass-Emmett to M.L. King 2,810,000 School Sidewalk Program 2,100,000 South Park Relief 7,880,000 Street Rehabilitation 12,000,000 Total Planned Projects $ 149,070,000 Total Public Works Projects $ 334,120,000 Exhibit"A" GENERAL IMPROVEMENT PROJECTS FY 2008-2012 Recommended Time Schedule Desion or Construction Phase Estimated Cost FY 2008-2009 Alice Keith Park Improvements $ 1,000,000 Athletic Complex Improvements 1,000,000 Athletic Complex Tennis Center 2,800,000 City Hall Improvements 1,000,000 Communication Building 1,000,000 Detention Facility Hike&Bike Trail 850,000 Downtown Event Center&Lake Park 7,000,000 Downtown Waterway 5,000,000 Fire Station Driveway Replacements 200,000 Fleet Faciltiy Improvements 2,000,000 Martin Luther King,Jr.Park 900,000 Municipal Airport Improvements 4,500,000 [1j 911 Operations Center 3,200,000 [2] Police Department Property Building 1,200 000 Property Acquisition and Site Improvements 1,000,000 Riverfront Park Improvements 2,000,000 Transportation Operations Shop 1,880,000 Tyrrell Historical Library Addition 2,200,000 Total Design or Construction Phase $ 38,730,000 Planned Proiects FY 2008-2012 EMS Medic Station 2 $ 450,000 Fire Station Relocation/Administration 4,590,000 Public Health Department Building 2,500,000 Senior Center 2,300,000 Tyrrell Park Improvements 600,000 Total Planned Projects $ 10,440,000 Total General Improvement Projects $ 49,170,000 [11 Improvements to be funded by the Federal Aviation Administration on a 80/20 and 90110 basis. The total commitment of the City is$600,000 [2] Includes insurance and funding from other sources Exhibit"A' WATER AND SEWER PROJECTS FY 2008-2012 Recommended Time Schedule Desian or Construction Phase Estimated Cost FY 2008-2012 Master Plan for Water&Sewer System $ 400,000 Water Department Security System 250,000 Water Projects: 2 MG Elevated Storage Tank on Dishman 3,300,000 36"Transmission Line 7,800,000 Ammonia Addition to Loeb Well 250,000 Automatic Flushing Devices 100,000 Leak Detection Project 350,000 Loeb Tank Rehabilitation 230,000 Water Line Extension on IH-10(between Brooks&Walden) 680,000 Water Line and Fire Hydrant Installation/Replacement 3,000,000 Water Rights Study 200,000 Water Treatment Plant Generators 3,300,000 Water Treatment Plant-Phase 1 5,200,000 Water Treatment Plant Improvements-Design Phase II 1,300,000 West Tank Rehabilitation 150,000 Sewer Projects: 54"Central Trunk Rehabilitation 5,500,000 54"West Trunk Outfall-Phase I&11 3,800,000 60"Trunk Line Rehabilitation 3,390,000 Degritter-Wastewater Treatment Plant 2,700,000 Dredge Ponds 1 and 2 at Wastewater Treatment Plant 1,200,000 East Lucas Relief Project 1,400,000 Filter Rehabilitation-Wastewater Treatment Plant 1,750,000 Florida Avenue&Fanned Road Interceptors 2,500,000 Grit Pump Replacement-Wastewater Treatment Plant 200,000 Lift Station Repairs 900,000 Primer Lift Station 740,000 Sanitary Sewer Line Extension on IH-10(Brooks to Walden) 680,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 6,000,000 Wastewater Treatment Plant Generators 2,900,000 Wastewater Treatment Plant Master Plan 600,000 Wetlands Design&Rehabilitation 5,900,000 Exhibit"A" WATER AND SEWER PROJECTS PY 2008-2012 Recommended Time Schedule Design or Construction Phase (continued) Estimated Cost FY 2008-2012 Water/Sewer for Street Projects: Calder-Main to Phelan $ 2,080,000 Concord Road-Phase IV-East Lucas to Hwy. 105 1,140,000 Dowlen Road-College to Walden 1,560,000 Dowlen Road-US 69 N to Delaware 910,000 Downtown Improvements: Neches-Laurel to College 210,000 Willow and Park-North to College 700,000 Pearl Street-Calder to North 140,000 Fannin-Fourth to IH-10 453,000 Laurel-IH-10 to Office Park 490,000 Magnolia-Delaware to East Lucas 890,000 Main Street-Calder to Blanchette 840,000 North Street-ML IGng to Twenty-Third 960,000 Old Dowlen-Dowlen to Hwy. 105 530,000 Pearl Street-College to Calder 410,000 Phelan Blvd.-Major to Keith 800,000 Rolfe Christopher-US 69 S to Virginia 330,000 Seventh Street-IH-10 to Laurel 510,000 Tyrrell Park Road Resurfacing 1,560,000 Washington-IH-10 to ML King 2,000,000 Washington-Langham to Major 1,730,000 Total Design or Construction Phase $ 84,913,000 Exhibit"A" WATER AND SEWER PROJECTS FY 2008-2012 Recommended Time Schedule Planned Projects Estimated Cost FY 2008-2012 Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 4,000,000 Wastewater Treatment Plant Ground Improvements 1,000,000 Water Bottling Plant 1,500,000 Water Line and Fire Hydrant Installation/Replacement 2,000,000 Water Treatment Plant Improvements-Construction Phase II 12,000,000 Water/Sewer for Street Projects: Avenue A-Washington To US 69 S 650,000 College Street-IH-10 to Goliad 840,000 Delaware-Concord to Dowlen 2,730,000 Dowlen Road-Delaware to Gladys 630,000 East Lucas-US 69 N to Pine 1,920,000 Eleventh Street-US 69 N to Washington 440,000 Gladys Street-IH-10 to Dowlen 1,280,000 Guff Street-Live Oak to Delaware 424,000 Madison-Irving to Grove 110,000 Magnolia-Laurel to Delaware 1,550,000 North Main Street-Calder to Railroad Tracks 170,000 Phelan Blvd-IH-10 to Dowlen 590,000 Pine Street-IH-10 to Crockett 440,000 Sabine Pass-ML King to Emmett 850,000 Total Planned Projects $ 33,724,000 Total Water and Sewer Projects $ 118,637,000 Exhibit"A" 3 September 25, 2007 Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget .,..., City Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer, �7j MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected in the FY 2008 Budget. RECOMMENDATION Administration recommends Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2008 Budget which will raise more total property taxes than last year's budget by$4,169,000 or 13.3%and of that amount$671,683 is tax revenue to be raised from new property added to the tax roll this year. BACKGROUND Section 102 of the Local Government Code was amended and is effective for budgets being adopted after September 1, 2007. Section 102.007 was amended to include the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." BUDGETARY IMPACT The FY 2008 Budget includes $4,169,000 more in property tax revenues than was included in the FY 2007 Budget. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2008 BUDGET. WHEREAS, the proposed FY 2008 budget will raise more total property taxes than last year's budget by $4,169,000 or 13.3%; and, WHEREAS the adoption of a budget that raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $4,169,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 4 September 25, 2007 Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) City Council Agenda Item c..l � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.654 for the tax year 2007(FY 2008). The tax rate would be apportioned $0.434 to the General Fund and$0.220 to the Debt Service Fund. This distribution represents a shift of 3.9 cents of the dedicated tax rate from the Debt Service Fund to the General Fund. Section 26.05(b)of the Property Tax Code,mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. The mandated language is shown in bold. "I move that property taxes be increased by the adoption of a tax rate of 65.4 cents." This tax rate reflects a one-half cent decrease from the 2006 tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 601h day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code requires the following statements to be included in the City's ordinance setting the tax rate: "This tax rate will raise more taxes for maintenance and operations than last year's tax rate." "The tax rate will raise taxes for maintenance and operations on a $100,000 home by approximately$39.45." Adoption of Tax Rate September 25, 2007 Page 2 In accordance with truth-in-taxation laws,two public hearings were held on September 4,2007 and September 11,2007. In addition,all required notices were published in the newspaper,on the City's website, and on the municipal channel. BUDGETARY IMPACT Property tax revenue in the FY 2008 Budget is calculated at the rate of$0.654 per$100 in assessed value.This rate,applied to the certified tax roll of$5,582,328,543 plus minimum values omitted due to protests at a collection rate of 97%, generates approximately $35,413,000 for the General and Debt Service Funds combined. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2007; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 30, 2007, to be $5,582,328.543; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.654 per each $100 of value for the tax year 2007 (FY 2008) should be established based upon said roll; and WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.45. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$5,582,328,543 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2007 (FY 2008), for municipal purposes only, an ad valorem tax rate of$0.654 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.434 Debt Service Fund $0.220 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 07/30/2007 14:58 4098409732 PAGE 03 STATE OF TEXAS ) COUNTY OF JEFFERSON ) CERTIFICATION OF 2007 APPRAISAL ROLL FOR City of Beaumont I,Roland R.Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 30,200 Date oland R.Bieber,RPA Chief Appraiser Jefferson County Appraisal District 2007 APPRAISAL ROLL INFORMATION 2007 Gross Value M-.252,126.821 2007 Gross Taxable Value(Net Appraised) $5.844.888.293 Total Number of Accounts #of Accounts with Homestead Exemption 84 #of Accounts with Over-65 Exemption 7.876 #of Accounts with Disabled Exemption :1.312 #of Accounts with Veterans Exemption #of Agriculture-Use Accounts 2L42 #of.Exempt Accounts 4.082 2007 Taxable Value $ M2.328.54.3 RECEIVED BY: I)ATE: EXHIBIT "A" TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 7/30/2007 8.51.41 ADP3TAXC CERTIFIED 2007 APPRAISAL ROLL 12310403 PACE 1 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION OOX * OVER SIXTY-FIVE LOCAL OPTION 17.500 * DISABILITY LOCAL OPTION 17,500 m ALLOWANCES * S .659000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 W ACCOUNTS SUB-TOTALS GROSS VALUE IN DISTRICT 63.855 2,126,821 * MINUS EXEMPT ACCOUNTS 4.082 373,480,406 5,878.646.413 MINUS AGRICULTURE ACCOUNTS 242 MARKET VALUE 34,752,370 PRODUCTION VALUE 1,058,520 LOSS DUE TO AG EXEMPTIONS 33,693,85C 5.844.952,563 SUBJECT TO LATE PENALTY O POLLUTION CONTROL 2 64,270 5.844,888,293 FREEPORT ACCOUNTS 0 0 5.644,888.293 LEASED VEHICLES 0 0 5,844,888,293 PRIMARILY CHARITABLE ORG 8 0 5,844,888,293 NET APPRAISED VALUE 59,763 5,844,886,293 LOSS DUE TO LIMIT 14,760 94,185,650 5,750,702.443 ABATED ACCOUNTS 0 0 5.750.702,443 HISTORICAL ACCOUNTS 8 3,802,200 5,746,900,243 EXEMPTIONS STATE MANDATED HOMESTEAD 24,084 0 5,746.900,243 STATE MANDATED 065 7,876 0 5,746.900,243 STATE MANDATED DISABLED 1,312 0 5,746,900,243 LOCAL OPTION 065 7,876 136,131,870 5,610,768,373 LOCAL OPTION DISABLED 1,312 22,468.910 5.586.299,463 LOCAL OPTION HOMESTEAD 24,084 0 158.600,780 5,58B,299.463 VETERAN EXEMPTIONS EXEMPTION CODE I U 0 0 0 EXEMPTION CODE 2 Ia 5000 206 1.026,340 EXEMPTION CODE 3 @ 7500 60 426.690 EXEMPTION CODE 4 .@ 10000 67 634,030 EXEMPTION CODE 5 @ 12000 99 1.156.740 EXEMPTION CODE 6 (a 12000 236 2,682,120 EXEMPTION CODE 7 @ 12000 0 D EXEMPTION CODE 8 to 5000 IO 45.000 TOTAL VETERAN 678 5.970.920 N NET TAXABLE 5,582.328,543 NGROSS TAX AMOUNT .00659000 ------•--•-----------•------•--•--- ---------•--- -------------------------- -----> S 36,787,553.19 ** m 065 FROZEN TAX ACCOUNTS 0 CD 065 BEFORE FROZEN TAX .00 m MINUS 065 FROZEN TAX .00 m LOSS DUE TO FROZEN TAX *** .00 DISABL FROZEN ACCOUNTS D DISABLE BEFORE FROZEN TAX .00 MINUS DISABL FROZEN TAX .00 pp LOSS DUE TO FROZEN TAX ** .00 NET TAX AMOUNT ------ ---------- ------- ---------- - ------ ----- ----- --- --- ---- ---------- ---- ----------> S 36.787,553.19 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ti ** INCLUDES 3 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 127,738 m ** INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR66 AMOUNT 0 (V ** INCLUDES 1 PRORATED HOMESTEAD ACCTS TOTAL PRORATED HOMESTEADAMOUN 0 m m ti m 5 September 25,2007 Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association V0ftW� ••••.. City Council Agenda Item .1m I& TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 21, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association RECOMMENDATION The Administration recommends approval. BACKGROUND The existing labor agreement with the Beaumont Police Officers Association expires on September 30, 2007. The City and Association have been negotiating a new agreement since May of this year. The new labor agreement would commence October 1, 2007 and expire on September 30, 2011. The substantive parts of the new agreement include the following: The agreement provides for a 5%wage increase effective October 1,2007; 5%on October g 1, 2008; 5% on October 1, 2009 and 4% on October 1, 2010. Effective January 1, 2008, police officers will contribute the same amount in monthly premiums for medical insurance as civilian employees. Employees with one dependent will pay $140 per month effective January 1, 2008. Employees with two or more dependents will pay $190 per month. Police officers with two or more dependents currently contribute $165 per month for medical insurance. In future years, the City may increase the monthly premium rate for officers by the same percentage increase as for civilian employees not to exceed 12.5% per plan year. For example, if the City increases the monthly premium rate for civilian employees by 5% effective January 1, 2009, the monthly premium rate for officers with two or more dependents would be increased by $9.50 to $199.50. Language has been added in the Duration Article stating the City presently intends to continue the agreement each fiscal year through the end of its term, and to fully perform all of the obligations of the City. It further states "all obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. A copy of the tentative agreement between the City and Association is attached for your review. New language is in bold print and language that will be deleted in the new contract has been lined through. The new labor agreement is recommended by the City Manager, Police Chief and CFO. BUDGETARYIMPACT Funds are available in the proposed FY 2008 Budget to fund the 5% wage increase effective October 1, 2007. LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT& THE BEAUMONT POLICE OFFICERS ASSOCIATION OCTOBER i, 2007 [ ] - SEPTEMBER 30, 201, L20o7l TABLE OF CONTENTS Article Provision Pa.e PREAMBLE INTENT AND PURPOSE DEFINITIONS 1 RECOGNITION 2 DISCRIMINATION 3 MANAGEMENT RIGHTS 4 MAINTENANCE OF STANDARDS 5 NO STRIKE - NO LOCK-OUT 6 UNION REPRESENTATIVES 7 UNION BUSINESS LEAVE 8 PAYROLL DEDUCTION OF DUES 9 GRIEVANCE PROCEDURE 10 PROBATION AND SENIORITY 11 PROMOTIONS 12 WORKING OUT OF CLASSIFICATION 13 HOURS OF DUTY AND WORK SCHEDULES 14 SHIFT EXCHANGE 15 CLOTHING 16 LEAVE 17 HOLIDAYS 18 WAGES 19 SHIFT DIFFERENTIAL 20 OVERTIME, CALL-BACK AND STAND-BY PAY 21 LONGEVITY PAY 22 INSURANCE 23 GENERAL PROVISIONS 24 CIVIL SERVICE 25 SELECTION 26 COPIES OF AGREEMENT ['2 Q A 17TNTfICI ('ET T7Ll v.,1° 22 STABILITY OF AGREEMENT 28 POLICE OFFICER'S BILL OF RIGHTS 29 IMPASSE PROCEDURE 30 RETIREMENT 3-11-331 DURATION OF AGREEMENT 332 SAVINGS CLAUSE APPENDIX "A" — SCHEDULE OF WAGES [APPENDIX PPENDIX"B" -PROMOTIONAL 1r X A AIP L'l APPENDIX "B" [° — Ten Hour Shifts J 2 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont,a municipal corporation domiciled in the State of Texas, herein referred to as the"Employer,"and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union." INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further,to the fullest extent possible,economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness,protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement,the following definitions shall apply: A. "Chief' means the Chief of Police of the Beaumont Police Department or his designee. B. "City" means the City of Beaumont. C. "CLEAT" means the Combined Law Enforcement Associations of Texas. D. "Department" means the Beaumont Police Department. E. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. F. "Employee"means a sworn police officer who is a member of the bargaining unit. G. "Employer" means the City of Beaumont. H. "Officer" means any sworn officer who is a member of the bargaining unit. 1. "Union" means the Beaumont Police Officers Association. 3 Pronoun Use Unless otherwise stated,it is understood and mutually agreed that masculine and feminine pronouns refer to, and include,both genders equally. ARTICLE 1 RECOGNITION Section i. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the bargaining unit in matters concerning wages,rates of pay,hours of employment,or conditions of work affecting police officers in the unit. Section 2. It is agreed that the bargaining unit, covered by the terms of this agreement, shall consist of all full time police officers with the exception of the Chief of Police [_ ,.�r ,-.. l; + ,ti 1.s ]of the .`�£z-<`.�caiis��ae�tr�#iczac��zrca � y Department. Recognizing that legislative proposals relating to public employee labor relations may be under consideration at both State and Federal levels,the Employer and the Union agree that membership in the bargaining unit may be adjusted as new legislation may become applicable. Section 3. The Union recognizes the City Manager or his designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining. Section 4. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employees paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of the Union and to maintain such membership. The Employer shall not discriminate against any employee because of his lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union,but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race,religion,color,sex, or national origin. 4 ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department,including,but not limited to,the right to hire,the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency,it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this agreement,the Employer shall notify the Union at least thirty (30) calendar days in advance of its intent to change, modify, rescind or institute any new policy or order which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer. ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful,recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. ARTICLE 5 NO STRIKE - NO LOCK-OUT Section 1. The Union agrees that,during the term of this Agreement,it will not authorize, ratify, encourage, or otherwise support any strikes, slow-downs, picketing, or any other form of work stoppage or interference with the business of the Employer,and will cooperate with the Employer in preventing and/or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. 5 Section 2. The Employer may discipline and/or discharge any employee who instigates, participates,or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow-down. ARTICLE 6 UNION REPRESENTATIVES Section 1. A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than nine [eikht k8)]executive officers.The Union officers and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances,consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings,provided that the officer(s)advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer,but will not be unreasonably withheld. Section 2_ Union officers,board members, committee members and stewards will be given reasonable time off to attend a reasonable number of Union [beaf-d] meetings held on Employer's premises or within the corporate limits of the City. Section g. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in any [the] police [st�rtiart] facili for board meetings, grievance committee meetings, other committee meetings and general meetings subject to space availability. The Union shall give the Chief of Police three (3) calendar days written notice of its intent to use any police facility. The Chief of Police may not unreasonably deny such use Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for such purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if they are scheduled to work at that time. Section 2. [Th ] Elected Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. The Union shall make a reasonable effort to conduct its 6 meetings within three (3) hours. No overtime shall result relating to the officials attending the meeting. Officials may be called back to duty in an emergency. Section 3. Up to three(3) Union officials,shall be granted time off without loss of pay or benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to exceed fifteen (15) working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union [ter"TZ�tiiTr�] will be responsible for the payment of travel expenses and training fees. ARTICLE 8 PAYROLL DEDUCTION OF DUES Section i. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary-Treasurer of the local union from the pay of those employees who individually request, in writing,that such deductions be made. The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary- Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties,at the time of employment, the Union will inform each new employee that the employee may voluntarily execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of union dues by employees in the unit. Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article. Section 7. Unless there are exigent circumstances, payroll checks will be made available on Thursday prior to payday at 4:oo p.m.in the Finance Office to be picked up by the Police Department representative. 7 ARTICLE 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE Section 1. The purpose of this grievance and disciplinary appeals procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary appeals.A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement. [; ]The disciplinary appeals procedure shall include any demotion, suspension or termination for disciplinary purposes of any employee. Employees who are members of the bargaining unit may bring disciplinary appeals, but only the Union and the Employer may bring contract grievances. [("ri,,-_nees may be filed by the k-i fl:� the ► I ;-oi=ftny-e itAieyee.-1 Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings. Section 2. Disciplinary Appeals [Grie ane s]. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180th calendar day preceding the date the Chief suspends the officer unless the act is discovered after the 160th calendar day following its occurrence, in which case, the Chief has an additional thirty(30)calendar days to suspend the officer.The Chief shall certify the date of his discovery of the act in question to the employee (-Uni-(�n I in writing. o � nt« s1ift11-��k-� {.., rracrcic,-sciice-cac�rrsT�s-c�rr,,�,srcacci=nc�aau�sccrtclari�—r-cc, " days of the date uponwhieh the ernp.lovee knew or- sl-loulff-I known of the eeeE+tv-nee A. [B-.]Any employee who is [aggfieved--bet tee-4.1 demoted, suspended or terminated as a result of a disciplinary action or his attorney[terminal-ion..shall.] may file a written appeal that includes the basis for the appeal and a request for arbitration.The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements (repoi the nature an'. deia ] with the Chief within fifteen(15) calendar days of the date the employee was served written notice of the disciplinary action [ ��rc-�-�-eve-ri;�e--ts�--t#�e---g�ienfie�• �I-f-��f�t---re �x-1r�ite�riev�te--:Tl��rll-tae fc"s'r•`s�ur�`,i tv tiit i,aic" ivr�.,"��] 8 B. [C.] A disciplinary appeal[g-fievanee]not filed[1 3 ght tl matt i the TUnion -grievanee ommittee] within the time limit described shall not be considered timely and shall be void. C. [�] The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee or his attorney and the appropriate management official. ltial-Hnit-the-grieva nee-G itl in t# i e-1 ati m speeified above to the Union's g t t i Ava ref;tl e �ittee gl all flflte �t�ifa lifl i e,ask=xist:-:.. .fjf the opinion7oTf -1-s of the Union vlll not-pepfe� the f r agfe �s� Ian -tlic-+*A rtit . ( )ealehhc ar-days' / ut-chic:p !mprvFcc presen D. [G.I The Chief shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date said grievance was filed with the Chief. If the grievance remains unresolved,said grievance,if submitted,must be filed with the office of the City Manager. Said grievance must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. E. [H-:] The City Manager shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said grievance with the City Manager. F. [C. l: The employee [eomrn ttee] or his attorney [ids fepfesertt-C.1 may request that the disciplinary action [gfievane e] be submitted to arbitration. [ # tl - -tf ,,,`° a t f �'�a 33f1--I3e itted to i La ca Lion, �,a.— cl-CCU 1L ...Lid L r i7�.sLZ17hIi I'CCCCi—h''�LIng L eii, WiIIL.c v1. Lt.L with i fid-a=days--itfln:17 the-dote the City Maaa er---eti- e-f G. Any employee who is passed over for promotion may file a written appeal with the Chief of Police within fifteen(i5)calendar days of the date the employee was served written notice of being passed over for promotion The written appeal by the employee may be filed by an attorney of the employee's choice. The Union and the Employer agree that while a "promotional Passover" does not constitute discipline, the procedure for addressing such appeals shall be the same as that of a disciplinary appeal H. The Chief of Police and the employee can enter into a written negotiated agreement regarding discipline with written approval of the City Manager. 9 Section 3. Contract Grievances. A. A grievance involving the interpretation,application or enforcement of a specific clause of this Agreement by one or more employees shall be brought to the attention of the Union grievance committee in writing within thi o calendar days of when the employee knew or should have known of the grievance.The Union may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole("Class Action")within thirty (go) calendar days of when the Union knew or should have known of the grievance. Within thirty (no) calendar days of receipt of the grievance, the grievance committee shall determine if a valid grievance exists If,in the opinion of the grievance committee, no grievance exists or the Union denies the grievance, the grievance committee shall notify the employee If the Union accepts the grievance, the Union shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police for adjustment. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Union from meeting and conferring with the City Manager, Chief of Police or their designees in an attempt to resolve the alleged grievance before the time limits expire.The Union grievance committee may invite the City Manager,Chief of Police, or their designees to submit for the grievance committee's consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator's award eftntig. g the submitted te the Ch WH+4 -14 1 1 -fifteen 15, ndar days ft--etn the date that the C an-1 �rw ca#-tl ttr.3 i e er oeeuffll��s diat gait e i ism to the grievanee.] B. The Chief shall render a written decision to the Union President or his designee within seven(7)calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved,the Union[eenimittee ] may submit said grievance to the[c4ie -of-the] City Manager. Said grievance,if submitted, must be filed within seven (7) calendar days of the date the Chief rendered or should have rendered a written decision. 10 D. The City Manager shall render a written decision within seven(7)calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved,the Union[ ' ' j may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to [the of teefl the City Manager within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision. F. A grievance and/or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union or their attorney and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service(FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules.Either party shall have the right to reject the list submitted by FMCS or AAA once only or by mutual agreement of the parties.In that event,the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties,by mutual agreement, may select to use AAA expedited rules. B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to,subtract from,or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the disciplinary appeals,promotional passovers or contractual grievance or grievances that occasioned the arbitrator's appointment. C. The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. Except as otherwise provided for in Article q Grievances,with respect to appeals of suspensions,indefinite suspensions,promotional passovers and demotions,the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057• 11 F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143•057(fl, which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, on behalf of its members individually and collectively, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission and/or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.057(1)• (H ) The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this Agreement. ARTICLE io PROBATION AND SENIORITY Section i. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (go) calendar days upon notification in writing to the Union and the employee of the reasons.A probationary period may be extended in excess of ninety(go)calendar days due to extenuating medical circumstances not to exceed one (1)year. B. The Union may accept probationary employees as members at-large,but they are not to be considered as protected by this agreement. The Union may provide advice, or representation, to the probationary employees only as allowed by law. C. During the probationary period, an employee may be disciplined for any reason, without recourse to the grievance procedure. D. Article 1o, Seniority, Section 2, shall not apply to a probationary employee. E. Article 14, Shift Exchange, shall not apply to a probationary employee. F. Duty hours and work schedules of probationary employees maybe altered at any time deemed appropriate by the Chief of Police or his designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation,days off,and annual personnel shift assignments.The Employer may make job assignments based on job skills and qualifications. In the event applicants have comparable skills,seniority in grade or rank shall be the determining factor.The Chief shall 12 determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President(if desired)shall be assigned to the day shift to permit said officer to attend to Union business. This assignment shall at no time adversely affect any other employee with respect to shift and days off. [Slttklno pes-tt-ifm g , then t' j l t ll w pp a ig ate t"--(Itffi fig the(htfs ti rt t1 1 t1 -of Pfesif"t:his (.-tom f ffic ,] a C. For the purpose of this Agreement,seniority shall be considered to be continuous service from the last date of appointment as a commissioned police officer with the Department.Continuous service shall include periods of leave without pay,which have been approved by the Chief and City Manager. D. Layoff and recall shall be pursuant to Section 143.085,Local Government Code. ARTICLE ii PROMOTIONS Section i. Except as provided for in this Article, all written promotional examinations shall be made in accordance with Municipal Civil Service,Chapter 143,Local Government Code.Written promotional examinations shall be given between the ninetieth (90th)and one hundred and twentieth(120th)day of the effective date of the vacancy. [The Br pl br- ��t#re �e ;n c tt 1 tet=l f>et - s c th in Seetion 8-btit f:�rrl tf l e Umployef stipulates its intention to do so when pos-L.*-.-.-+-I,- foi +-a-4ii tt t4>:._.:Fr{any{>ti�>rt frox t1 r �..:mast:tlti eligil}rli =li ll e e clE as s� : n as possible after the elig bilit . list has been eerti fied.] Except for review and appeal of promotional examination questions pursuant to Section 143. 034, all other promotional grievances shall be determined by arbitration pursuant to provisions of Article 9 of this Agreement. Section 2. Promotional Examinations. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous sworn position with the Department for five(5)years or more (immediately prior to the effective date of the vacancy). For purposes of this paragraph, "continuous " shall include any term of service in an appointed position pursuant to 14.j.014 of the Texas Local Government Code.Promotional examinations for Grade III (Lieutenants) and Grade IV (Captains) shall be open to all employees who have held a continuous position for three (3)years or more (immediately prior to the effective date of the vacancy) in the classification immediately below the classification for which the examination is given. 13 a. All seniority points given for promotions shall be based on continuous service in ��, the Tlep tfn-,,,T u to a maximum of ten to ears of service for grade [;��it�-C��-��z�rr��,a��] p ( )Y Grade II. b. Seniority points for Grade III and Grade IV promotions shall be up to a maximum of five (5) years of continuous service in grade. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. Section 3. Test material for all promotional examinations may include all or any combination of the following: a. Texas Penal Code; b. Texas Code of Criminal Procedures; c. Texas Traffic Laws; d. Texas Family Code; e. Texas Drug Laws; f. Beaumont City ordinances; and g. Rules, regulations and written directives of the Department. Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV (captain) promotional examinations may also include up to four (4) outside sources of reading material chosen by the Civil Service Director. The sources must pertain to the respective duties of the position being sought. Section 5.If more than two(2)outside sources of reading material are selected,reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent (50%) of the total volume of sources. Section 6. An eligibility list established as a result of the examination shall expire one(1) year from the date of the written examination unless the examination is held to be invalid. � he� -tl � °aserltwt'teec� tlhti.1 =..tl.Ea._Cvll 'f�~vietnf� ]. Section 7. The Chief may appoint from the rank of Grade II with io years or more of seniority as a Grade II, Grade III and Grade IV[staff of the Dep t eifl,at the Chief s sole discretion, two (2) positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause.In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position.The Employer shall authorize additional staffing positions in order to avoid such"bumping";however,the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. [See i -{f4h E pk)N-ei eh # a k3pt z s es nt,eentei,p es,Yff):F p�ivf e4k*lal shall pl1 ! 14 � O do lateandidi 'fl3 'E' t , the ;t r , pr leis } 1 f� ...:{11= eft-ff �- f=f� tr �3f : 1� el� �E € f cnlr `' c'7 _ ,the employee�� fan ed «. ai S Pa , f3 3EE'f; 4= f' 34 ?�j ?-E i£' f3 E'f 1 f3E tE�zt s"'Ila „l „-te,- 1..,,,;,, s n ann+; ,1 ope t„ tl� ,+,,,,+1, 1,r,t�+1 position shall 1 ,, eligible to at.t-�-:-1��--�1rfs.��_.�.,�f 3.��f��--�1--�� fl�l-e--� ��t��}��i;�-...4�1-��---�r•��ft�ic�-a-1--�f��-f-�--��-1- detef=f nined by an assessme. entef seleetion proeess eonsisting ". i. A -,.;++ 4t ��rcx1 tae � e..:€fjr1 fif �cf '{' � ei ...: �flf jf r 1cflf ..)i 1 let,O . 2 -A, A,.e fbal exereise shall be +i-niste -asscTsf f,,s:. This-srh� nsist o ?rt tfa ff3l z3r I i f i�£'f7 f'fl t'?ff'fE'3 sf; e.w4 a-f ole I}lift=-e,:?fereidie ff-44owed-4v ons ffo -th-e ti ti . al df exlffe S-ENV R f i i s - fl e>r plf yei-_tf)-e+ -ple e,4io-w-e, Ai is 3. The depaFtment loelated least fifty 41 l -ai"y--€�f t�rff=rlk�e�i �lf��t f�1�e-litnf # 4-F-c- t^r,1 7f n n LTT'TC'F�L'TI TI-T�iLZ3i..�)_7. east one (i) assessof shall saine rank as, the position lu-saflif �fi1 ew er- l ffl lie ��i il�g ah+ The Union.,1,,11 „ �ra�i< 4TT3'II'LTL'I'C oese one(A I assessof,the Chief shall ehoose one 0) assessof... .),in._• list 4...:f-1-(f-f ef-twi C,C,U UPOR Dy the Chief an-.'. the -, I Iff fflore than thFee (3) assessors afe ff tti f�fl: tl t -f ffftlined-rtl ove'. 4.-- The asses being "o the Difeeto 11R, has eempleted his f��i-lfiE�f�f�-assf�ssl�f:=�-�t-f�€��f�-�„-�Af�1-�lf�t°eif�l�e-�ffM;f�l�e�t�l�.�...fftl- r.•-z�.ssc?�sf�r-t�f�il-a#�rA� 15 a_ - 7 FYI"LTTY-I7LGT�"Ci Q r 1'1F I:IE' 4 -..' 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Cn,.-Fifinntn Of po Die—ff-ee 'pt nracaz + 1 a (, ! rfif sroa to r,r 4,� a-1 r, - e". the c"1'�"1�'7lrrye irmy ie.ee-vc�"E"�a�Fc' "7IO ORIN tixai ca�eaFZ��r 0. rrl.,,4-,,+.l __motional sN'stem seefe that is use,--'.+.o establish the final eligib -shai- r,o )(Ants, hxeejr�3 fE?t: ter ;E'�4'f!�fE3f3-�?I'f3E'4'sfs ztft� �E't?f f � s�ti�E'fi�t 1 1 f +-t,; ft;,,l �f Pi a cFir��rrcicr ZTFIZII�C�J'I Cl ll=-ZI..S�'"S�7YIli'C-1FL—Z..LLiLA.l tJi lJl.L7� ilaYZ.LIF �C �.7CTi Cf C7�4—L�LZC: t�"ia�.S`+�Y�+, }13elttdiiig bu 4f �-lk'.-�-�llE'f�'£taf--1 4' f3i;-f f}3 ktl'"iI14 E`3E.'tff f',il f4 c'istE3f3i tk4Sls ill f',£'X43 z3hE-thE''-��i'f'f°E-car-iiF-iv'iii-��zc-�rFr�-crtz.zc4-=3c��r'r'rcir�cc�i�z 16 t�€ire 11�r ► a...( ) t l l�t�p �r �c: i nz� >n..alitessnie-nt-per--€ale ar-VEW- ] ARTICLE 12 WORKING OUT OF CLASSIFICATION Any employee who is ordered to temporarily fill a position in a higher classification shall be paid the base salary of such higher position; provided, the employee works a minimum of eight (8) consecutive hours in the higher classification. ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article,work schedules and hours of work for employees during the term of this Agreement shall be those in effect on the date that this agreement is signed by the parties hereto. The four (4) shifts (9:0o p.m. to 7:3o a.m., 6•0o a.m. 10 4:30 P.M., 11.00 P.M. to 9:30 p.m., 4:00 p.m. to 2::10 a.m. [ ti (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities. [and]As determined by the Chief,shifts for some or all employees assigned to the Criminal Investigation Division may consist of four (4) 10 hour shifts per week or five(5) 8 hour shifts per week from(8:0o a.m.to 5:00 p.m. (one(1)hour of which is a meal break) [s g -he m of this The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least forty-five(45)calendar days prior to the proposed change.Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division,not to exceed two(2)hours prior to their regularly assigned shift, for such reasons related to shift and report preparation. Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However,employees will not be required to work split shifts.The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units.Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Community Oriented Policing, Police- Community Relations, Housing Unit, Auto Theft Task Force, [`' '• ' Taeties and 17 Respo s' K-9 Unit, Street Crimes Unit, [Pf:)Iiee +,z-;+� T ., 'U if-'-zA I ; ] Traffic Unit [: r'otif'- --11111; and Narcotics and Vice Unit. If an employee is called out,the city agrees not to reduce his hours for the purposes of avoiding the payment of overtime. Section 4. Employees shall be paid overtime based upon a forty(40)hour workweek in a seven (7) day cycle. This includes officers assigned to work in specialized units. ARTICLE 14 SHIFT'EXCHANGE Section i. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six (6)times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. Section g. This article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 4. Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved,the Employer maintains the right to make all assignments in accordance with its determination of what is in the best interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee,the union shall forward the complaint to the Chief and the City Manager for their review and information. Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise,job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills,knowledge, abilities,training,previous experience and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred,he may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee,the union shall forward the complaint to the Chief and the City Manager for their review and information. 18 ARTICLE 15 CLOTHING Section i. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective devices,hats,jackets,raincoats,and all leather and web gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather and web gear different from what they are wearing as of the execution of this Agreement, the Employer shall reimburse the employee or supply the leather and web gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per month. Section 5. Each employee shall receive a clothing maintenance allowance of$25.00 per month. Section 6. Each newly appointed employee may submit a reimbursement request in[t-he] an amount up to[of] $boo for the purchase of a new protective/ballistic vest.An employee may submit a reimbursement request in[the] an amount up to[ ] $60o for the purchase of a new protective/ballistic vest if his vest is over five (5) years old. The reimbursement request will be on a form(s) approved by the Chief.After the execution of this Agreement, officers who request reimbursement under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the chief.Additionally,in special circumstances that may involve officer safety,the Chief reserves the right to require any reimbursed officers,whether plain-clothed on duty or off duty in uniform, to wear their vest while performing police-related duties. ARTICLE 16 LEAVE Section i. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years Accumulated Hours Per of Consecutive Service Pay Period After 1 year 3.08 After 5 years 4.62 After 8 years 5 19 After 11 years 5.5 After 14 years 6 After 17 years 6.5 After 20 years 7 After 23 years 7.5 After 26 years 8 After 29 years 8.5 After 32 years 9 After 35 years 9.23 B. Employees with nine(9)years or more consecutive service who do not use more than forty (40) hours of sick leave in a calendar year will have eight (8) hours of vacation time added to their normally accrued vacation time. C. In computing the length of time during which an employee may be absent from work for vacation, only those calendar days during which the employee would be required to work if the employee were not on vacation shall be counted as vacation days. D. Any employee with more than one (1) year's service as a commissioned police officer with the Department who is separated from service by reason of resignation,death, retirement,or discharge shall be compensated in cash for all accumulated unused vacation hours at the regular rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by an employee until that employee has completed one (1) year of service with the Employer. Thereafter, upon proper approval, those accrued hours may be used. F. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation hours into the next calendar year. G. Any employee who has not used more than forty(40)hours of accrued sick leave in the calendar year will be eligible to sell back unused vacation accrued in the previous year. After the employee has used at least 8o-hours of such vacation leave, the employee may sell back up to 8o-hours of such vacation leave,the employee may sell back 8o-hours of the remaining vacation accrued in the previous year for cash at their current rate of pay. Written notification of the employees' desire to sell vacation must be submitted to payroll on or before June [Kjamiaryj 15 of the following year and payment will be made in the first full pay period after October [F f-d 15. Payments made under this provision do not become part of the base wage,nor will such payments be used to calculate any other benefit unless required by law. Section 2. Sick Leave. A. Employees shall accrue ten (10) hours of sick leave for each month of service during the fiscal year. 20 B. Any employee incurring a non-duty sickness or disability shall be eligible to use their accrued sick leave with full pay. C. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. D. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at full pay, reduced pay, or leave without pay.The Employer shall retain its subrogation rights under existing state law. E. In the event that an employee with two(2)or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment,the full amount of their salary for the period of accumulated sick leave,provided that such payment shall not be based upon more than seven hundred twenty(720) hours of accumulated sick leave. F. An employee who retires may elect to have the compensation associated with accrued vacation and sick leave applied towards payment of the employee's share of costs associated with the employee's retirement health insurance. G. After an employee has accrued the maximum of 72o-hours of sick leave that city would pay out upon termination of employment or retirement, the employee may participate in the sick leave buy-back program. If an employee does not use more than 40- hours of accrued sick leave in a calendar year,the employee will be eligible to sell back up to 40-hours of accrued sick leave from the 720-hour bank for cash at their current rate of pay. Once the employee opts to sell back sick leave,the 72o-hour bank is reduced by the number of hours sold back to the city each calendar year. Sick leave hours accrued after participation in the sick leave buy-back program will be placed in the employee's sick leave bank for hours that are not reimbursable upon termination of employment or retirement. The purpose of this sick leave buy-back section is two-fold:first,to reward employees who do not use more than 4o-hours of accrued sick leave per year; and second, to reduce the city's unfunded liability when an employee terminates employment or retires. Written notification of the employee's desire to sell accrued sick leave must be submitted to payroll on or before January 15 of the following year and payment will be made in the first full pay period after February 15. Payments made under this provision do not become part of the base wage, nor will such payments be used to calculate any other benefit unless required by law. H. The Chief of Police may not discipline an employee for the legitimate use of sick leave without just cause. 21 Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty(40)work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister, grandmother and grandfather of the employee or those of the employee's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief,each employee may be allowed a leave of absence without pay, up to eighteen (18) work weeks +.. tv '��' ..-,t,•'- ° • ] r Section 5. Personal Leave. Employees will earn eight (8) hours of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non- attendance. The employee may use such leave for any purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than thirty-two(32)hours.An employee may not accrue more than fifty-six (56) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: New Year's Day Labor Day Good Friday Easter Sunday Thanksgiving Day Day after Thanksgiving Memorial Day Christmas Day Independence Day A"floating"holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chiefs designee. Holiday pay is defined as eight (8) hours pay at the employee's hourly rate of pay. 22 Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's regular rate of pay in addition to holiday pay. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at the time and one-half rate for that day in addition to regular pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday,the employee shall receive eight (8) hours off with pay or eight (8) hours pay in addition to his regular pay. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation time. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section 6. The"call back pay"provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. ARTICLE 18 WAGES Section i. Wages and Rates of Pay: The Employer will adopt the wage schedule attached as Appendix"A"based on consecutive years of service. In regard to consecutive years of service,the Employer agrees that benefits, wages,rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. Section 2. Certification Pay. In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: 1. To the holder of an intermediate certificate issued by the Texas $50 per month Law Enforcement Commission on standards and education. 2. To the holder of an advance certificate (the holder of an advance $loo per month certificate shall not be entitled to the premium pay of$50.00 per month as the holder of an intermediate certificate). 3. To the holder of a master certificate (the holder of a master $150 per month certificate shall not be entitled to the premium pay of $1oo.00 per month as the holder of an advanced certificate). 23 4. Licensed breathalyzer operator in patrol (if the employee is $5o per month engaged as a breathalyzer operator. No more than 3o employees shall be entitled to premium pay as breathalyzer operators and no more than 5 employees, who are not already receiving breathalyzer operator premium pay, are entitled to premium pay as a Drug Recognition Experts(DRE) during the term of this Agreement) 5. Licensed polygraph examiner(if actively engaged during the term $50 per month of this Agreement as a polygraph operator). 6. Any employee qualifying as an expert latent fingerprint witness $40 per month and who is assigned to the identification bureau 7. Field Training Officers and the Field Training Officer(17170) 100 P$75, 1 per Sergeants assigned to each patrol shift month 8. Bilingual officer(must pass proficiency certification and re-certify at least every two [2] years) Spanish,Vietnamese, or Sign Language [$2,5 per- m *.] Maximum payment is $5o per month $50 per month .lo Maximum officers for Spanish [$25 _of month] l.,l 11 llldl Cii 5 Maximum officers for Vietnamese or Sign Language 9. SWAT Team Members $25 per month Educational Incentive. In lieu of receiving certification pay(1,2,or 3)in Section 2 above,an employee with a bachelor's degree may elect to receive an educational incentive Of 200 t-84001 per month or $250 f-8- o] per month for a post graduate [muter s] degree. Section 3. Supervisory Pay. In addition to the wage rate established by the current labor agreement, the Employer shall pay supervisory pay at a rate of$200 per month to sergeants who are assigned to supervise five (5) or more sworn personnel. Section 4. Supervisory Training Incentive. In addition to the wage rate established by the current labor agreement, the Employer shall pay a one-time bonus of$750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after October 1, 1997• Section 5. Police Specialist Incentive. Grade I officers with three(3)or more years of service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non-supervisory position within the Grade I classification and rank 24 designed to recognize employees with superior skills,initiative,education,and knowledge of police work. a. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade I officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job-related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred(loo)points.A passing score will be seventy percent(70%). in:stea'4-c44he--.stetizl iH tal N fl-teflt ex.e ipisYR--ffiid--EmJA0 Y ffift `-tliettial1 a�,ree to i ., n u c. Employees in Grade I who are selected to become Police Specialists will receive incentive pay of$200 per month. d. The Chief may select in his discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only.Any officer who is designated as a Police Specialist from an eligibility list certified after the execution of this Agreement maybe assigned as a criminal investigator at the discretion of the Chief of Police The Chief shall make a reasonable effort to accommodate Police Specialists who are reassigned from a criminal investigator position back to a patrol position with obtaining the shift and days off they would be eligible for by seniority. Such employees shall not receive Grade II pay. If a vacancv occurs in the Criminal Investigation Division and no Police Specialist applies, the Chief of Police may Select any appl ijng Grade I officer for the position. e. The Chief may remove for just cause the Police Specialist designnation of any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. f. Between October 1,2007[`2"I and September 30,2011[2007],the Employer shall maintain and fill at least thirty-five (35) Police Specialist positions. g. [If only n , . ,r examination As used Seniority[and edueati ] points will be added for each year of service as a Beaumont police officer up to 10 year to the written test score[in*ej zr-�s ' to determine a final eligibility score. [I#1}otl - rt ex�tnt}n�}tic�tel...a asstlsE �r aye-tc�cl tl� � g fil �� 25 iii--ikit-iele--i-j The eligibility list shall expire after 12 months from the date of the written examination, or when exhausted, whichever occurs first. ARTICLE i9 SHIFT DIFFERENTIAL Effective October 1, 2007, shift differential will be paid as follows: ist Watch $.45 per hour 2nd Watch $.00 per hour 3rd Watch $.25 per hour 4th Watch $..m per hour [Employees assigned to Fegulafly .. rt t l wfx a - .m. 733,o- . Shift differenGal shall net, be paid foF vaeations, siek leave an I b i nj a ry 1 e ave.4 ARTICLE 20 OVERTIME, CALL-BACK AND STAND-BY PAY Section jL. "Hourly rate of pay" shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All work performed by an employee in excess of forty (40) hours in any given week shall be deemed overtime and shall be compensated on the basis of time and one-half the employee's regular hourly rate of pay in salary or compensatory time as is now the practice. Excused absences with pay shall be deemed as days worked.All employees shall be allowed to accumulate and accrue up to 240-hours of compensatory time. B. No schedules, tours of duty or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off-duty hours,the employee is entitled to overtime compensation for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time.In addition,the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim,the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of any type from any other employer for performing such duties.This section applies only to inadvertent disruptions of an employee's off-duty time. 26 Section 3. Call Back Pay. All employees who are called back to work from off-duty shall be paid at least two (2) hours minimum one and one-half times the basic rate of pay. All hours in excess of two(2)hours shall be paid at one and one-half times the basic rate of pay. Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) hours prior the commencement of that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two (2) hours of straight pay for eight(8)hours,or ten(io)hours,respectively,of duty or any fraction thereof. Section 5. Court Time. Any employee not on duty ..R.S.... or- oil-va^a'i p Of oil n day-4 fl who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court,Juvenile Court or in a County Court,or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney,or at any pre-trial conference or any other related hearings, or any proceedings by any City, County, Town, State or Federal government or any of the subdivisions or agencies thereof,shall be entitled to two (2) hours minimum overtime compensation at the rate of time and one-half. On those occasions when employees ar h e scheduled to work between the hours of 3:00 p.m.to 7:3o a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely,they may choose to accept the court pay and report for work.This provision shall not apply to those employees who attend court during their regularly scheduled work hours. Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit the Employer shall apply the same policy for evacuation/disaster policy for non- sworn employees to sworn police officers. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered,the Employer agrees to pay each employee the sum of Four and No/loo Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five(25)years of service. ARTICLE 22 INSURANCE Section i. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,000 at no cost to employee. 27 Section 2. Liability Protection. The Employer shall not reduce during the term of this agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. Section 3. Medical Plan. A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees except in-network major medical benefits shall not be less than 80/20 and out-of-network major medical benefits shall not be less than 70/30. Contributions to the plan by employees with dependents shall be a monthly premium rate of :0� ...n#=fe :i °f�- rar�. .,.._2OO � ;3�3 to- lte3tveittary ; 200 ; and effc ti-vc $`ynuary i,, `L' o7] $i9o.00 effective January,20o8.Effective January 1, 2009, January, 2010 and January 1, 2011, the City may increase the monthly premium rate of officers by the same percentage increase of the monthly premium rate of non-sworn employees in a plan year, not to exceed twelve-and-one-half percent (12.5%) per plan year. For example, if the City increases the monthly premium rate of non-sworn employees by 5%effective January 1, 2009,the monthly premium rate for officers shall be increased by $9.50 to$199.50. At no time will an employee's monthly contribution to the plan exceed that of a civilian employee with the same number of dependents as the employee. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five(45)calendar days in advance of any cost increase in dependent insurance premiums.The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984,subject to the provisions of Sections 4(B) through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage,a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverages of the retiree insurance may change in the future. 28 C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/retired employee at the time of retirement shall be eligible for continued medical coverage.The disabled/retired employees shall not add or change(except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However,the retired or disabled employee shall make application at least thirty-one (31) days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon retirement, the retiree will be required to complete and sign a"Delayed Participation in Retiree Medical Coverage" form. If a participant's contribution rate status as set out in 4(G)hereof changes,the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change. D. Coverage provided shall be the same as that provided employees. However,if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance.The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows: 29 "Single Rate--$150 "Single + 1 dependent--$200 "Family--$250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992,shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1st annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for each employee at a maximum monthly cost of$_15 f x-29]. If the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of 61 ] for both the employee and eligible dependents. Each employee shall pay any additional cost. The Employer shall deduct the employee's cost from the employee's paycheck. Plan I I of the CLEAT Benefit Trust includes employee and family dental insurance coverage. In addition, the trust plan provides accidental death and dismemberment insurance coverage for the employee and the employee's family, and a blood insurance plan that covers the employee and the employee's family. The trust document and plan benefits will be provided to the Union and the Employer,and to any employee upon request. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of each month. Section 6. Retirement Health Savings Plan. Employees shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. 30 ARTICLE 23 GENERAL PROVISIONS Section i. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution,or posting,by the Union or its members upon City property,provided,however,the Chief may permit other material not provided for above at the Chiefs discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner.The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate. If an increase is given to other City employees during the term of this Agreement,the rate stated herein shall be increased accordingly. Section 4. Residency. Residency shall not be a condition of employment for employees;each employee must be a legal resident of the United States and reside within its boundaries. Section 5. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars shall be manned by two(2)officers during periods of high criminal activity and in high crime areas.Whenever one(1)officer units are in use,the Employer will use its best efforts to maintain sufficient staffing to provide for employees' safety. 31 ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter 143 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement. ARTICLE 25 SELECTION The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers.Modifications in existing selection procedures shall be brought to the attention of the Union ten(10)days prior to implementation.In establishing a selection procedure for Grade I, the Employer shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish a co [eopies] of this agreement to the Union President [44 e lie, it . ARTICLE 27 [28] STABILITY OF AGREEMENT No agreement,understanding,alteration or variation of the agreement,terms or provisions herein contained shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement,shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 28 [29.1 POLICE OFFICERS' BILL OF RIGHTS In the event of a complaint filed with Internal Affairs concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. 32 Section i. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly fashion. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary. F. If the employee under interrogation is under arrest,or is likely to be placed under arrest as a result of the interrogation, he shall be informed of his rights prior to the commencement of the interrogation. G. The Chief or the Chief s designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer.This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department shall [May-el eet to] require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Nothing herein prohibits the Chief from ordering an employee to submit to a polygraph examination where there is no complaining citizen. J-Shot:tk he-ems Mt:tse- i t 1 i-I- P% "C"I - $ iI $- fE,.�_� try t� r �i-i-. t�sn r rate-. t�ria arr r�rrrr-� i-re +njzrt n —e Department iLT1�G TY'C—C�-Ci.L4 TYCI�i., l—CFT�7II+..,-VL-CIC i=-C�LC7 LLFd'lC LL Ixlygralk -otittatim-- lull- x�-see-�ttl =ism.] This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding. H. The Chief or the Chief s designee shall use the polygraph examination in a fair and reasonable manner. I. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with them as an observer only so long as the representative does not delay or impede the investigation.The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent them in the grievance. Section 2. Disclosure. No employee shall be required or requested to disclose any item of property,income,assets, source of income, debts, or personal or domestic expenditures (including those of any 33 member of his family or household)unless required by law.Nothing in this section shall be construed to prohibit the Chief or the Chiefs designee from requiring that employees submit requests for approval of off-duty employment. Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action,the Employer shall follow the Department's Rules and Regulations.Effective upon execution of this Agreement and subject to the Records Retention Act,only sustained formal complaints filed after the execution of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. ARTICLE=1 ["I IMPASSE PROCEDURE Section i. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the Act, either party to the dispute,after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, however, a party shall not request a fact finding more than once during any fiscal year. Prior to invoking fact finding,the parties shall make every reasonable effort to settle their differences.The request for fact-finding shall be initiated within seven(7)calendar[five {�)] days following the expiration of the sixty (6o) calendar day pre-impasse period or within seven(7)calendar[ cA$51]days of any agreed extension thereof.The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel;provided,however,that all economic issues(i.e.,those issues involving cost or expense to the Employer)shall be combined into a"total economic package"and shall be submitted as a single issue. Non-economic issues may be submitted separately.Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall,acting through its chairperson,call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen(15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal.After hearing all evidence offered by the parties,the panel shall render a written decision making findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In making such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." 34 Section 4. In making its findings of fact and recommendations,the panel shall consider only the following: 1. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. 2. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between go,00o and 250,00o according to the 200o Federal decennial census. 3. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. 4. The revenues available to the Employer and the demands upon such revenues. 5. Any current Federal policies or guidelines concerning wages and other compensation. 6. Labor agreements from the Texas cities defined by"2" above. Section 5. The fee and expenses,including stenographic charges,of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, including copies of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the parry incurring the expense. Section 6. The findings and recommendations of the fact finder shall not be made public for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public, the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either parry rejects one or more recommendations of the fact finding panel,the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non-economic issues. If either party requests a referendum hereunder,it shall be the duty of the City Council to call such referendum at the earliest date permitted by law.The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the party or parties requesting that the issues be submitted to referendum. The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for" or "against"the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. 35 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) k36 ED COMMENCING PED POINT N ROD FOUND 1/2- FOUND 1/2' (CALLED S 87'06'25" W) IRON ROD IRON ROD 20,00 S 87'06'11" W 1682.19 Of 1685.83 r' POINT OF 162.71 co �cj BEGINNING WILLOW CREEK ONE O oM� w I SECTION 3 Y �I Q Z U O VOL 14, PG. 195, M.R.J.C. Q a N Z W Q lw REMAINDER OF ° IZ awIt �� J. H. PHELAN �0 O Q a VOL- 396, PG. 321, D.R.J.C. 0 I W O lb (CALLED 157.852 ACRES) $ C A—LE N O I M o �N O mss?s dw NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A E,y s' CALLED 42.227 ACRE TRACT(UPON RESURVEY Nl W !j. FOUND TO CONTAIN 41-64 ACRES) CONVEYED TO W Ur EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, (� Q INC. AS RECORDED IN FILM CODE 105-02-2252, REAL PROPERTY RECORDS OF JEFFERSON COUNTY,HAVIN a EXAS FEETG BEEN CALLED NORTH 87'26'15' EAST W �, sa CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. - DESCRIPTION OF SERVICES q9iREQUESTED; m 2—ODRAINAG= EASEMENT CERTIFICATION: 7'rBy gO DiS. I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ON x ac'POC,T THE GROUND UNDER MY SUPERVISION, DURING hQyEM R V()(1F W DSO 4.O THE ABOVE TRACT BEING LOCATED AT MAJOR DRIVE (AKA F.M. 364), BEAUMONT, TEXAS 77707 Qq E AND BEING DESCRIBED AS A 0.0248 ACRE TRACT OUT OF THE CHARLES WILLIAMS PAGE Y ABSTRACT 9 FF 5 AS RECORDED IN VOLUME — — OF THE DEED RECORDS OF SURVEY J R DN COUNTY, TEXAS. 8 REVISION DATE WALTER J. KSIA EK �:•QtiG�*RF/Sy° *4 REGISTERED PROFESSI AL LAND SU YOR NO 5321 WALTER J. K31AZEk DATE: 12-21-06 FIELD _ w BO 06-01 • 5921 „. K.NO..- '�� a •� $5� �• ESMT 1 Cons and i4!ndSury NC `�� 3liRVy�Q. :; JOB NO.. p—57 - 1405-CORNERSTONE COURT - BEA646NT.'TFXAS: Fittz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0497 ACRE TRACT FOR A 20' DRAINAGE EASEMENT ACROSS LOTS 28 AND 29,BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 JEFFERSON COUNTY, TEXAS DECEMBER 21,2006 That certain 0.0497 acre tract, for a 20' drainage easement across Lots 28 and 29, Block 4 of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas, said 0.0497 acres being more particularly described by metes and bounds as follows: NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87 026'15" East 1558.09 feet. COMMENCING at a %2" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of said Lot 29 from which a %2" iron rod found for the southeast comer of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87 006'25" East); THENCE South 87°06'11"West along the said south line of the 41.64 acre tract and the north line of said Lot 29 a distance of 147.25 feet (called South 87 006'25" West) to a point for the northeast corner of the said 0.0497 acre tract and the POINT OF BEGINNING; THENCE South 03 004'34" East along the east line of the said 0.0497 acre tract a distance of 106.16 feet to a point in the north right-of-way line of Bonney Briar Place and the south line of said Lot 29 for the southeast comer of the said 0.0497 acre tract; THENCE along the said north right-of-way line of Bonney Briar Place and a portion of the south line of said Lots 29 and 28 with a curve to the left having a chord bearing of South 69°59'00" West, a chord distance of 20.91 feet and a radius of 40.00 feet, a distance along the curve of 21.15 feet to a point in the said south line of Lot 28 for the southwest corner of the said 0.0497 acre tract; THENCE North 03 004'34" West along the west line of the said 0.0497 acre tract a distance of 112.32 feet to a point in the north line of said Lot 28 and the south line of the said 41.64 acre tract for the northwest corner of the said 0.0497 acre tract from which a found 1 1W iron pipe bears South 87°06'11" West 702.83 feet (called South 87°06'25"West); Fittz&Shipman, Inc. Page 1 of 2 Project No. 05715Esmt2 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303 EXHIBIT "B" PAGE 1 of 3 THENCE North 87°06'11" East along the south line of the said 41.64 acre tract and a portion of the north line of said Lot 28, at 10.00 feet pass the northeast corner of said Lot 28 and the northwest comer of said Lot 29, and continuing along a portion of the north line of said Lot 29 a total distance of 20.00 feet (called North 87 006'25" East) to the POINT OF BEGINNING and containing 0.0497 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. during November 2006. Walter J. Ksiazek > OF tF� Registered Profession Land Sury or No. 5321 '{o; FGIs NALTER J. KSIAZEK �Yo9O 5321 ��• ��•. pa OQ N SURVEY Fittz&Shipman,Inc. Page 2 of 2 Project No.05715Esmt2 Plat&Description EXHIBIT "B" PAGE 2 of 3 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) FOUND 1 1/4' IRON PIPE (CALLED S 87'06'25' W-DEED) S 87'06'11" W 1032.79 702.83 20 00 147.25 162.71 I I POINT OF (CALLED S 69'40'05' W-PLAT) COMMENCING 1 I BEGINNING POINT FOUND 1/2' - FOUND 1/2" IRON ROD ————-4— — -————————————————————— IRON ROD 10.00 10.00 I 20'UTILITY EASEMENT NI I`° WILLOW CREEK ONE C4 0 I to I ^I Iil a I SECTION 3 31 Q Z (W VOL. 14, PG. 195, M.R.J.C. nla:2 I N B L O C K 4 NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A pI I C) I CALLED 42.227 ACRE TRACT(UPON RESURVEY Q V) 0 15 O FOUND TO CONTAIN 41.64 ACRES)CONVEYED TO LOT 28 pl�W 10 I INC.EMMANUEL RECORDED INHFILMHCODEJ105S 02H 2252, Z I I V1 LOT 29 s C A L E REAL PROPERTY RECORDS OF JEFFERSON COUNTY, 44..1 TEXAS HAVING BEEN CALLED NORTH 87'26'15"EAST u O E%1`,iTING 29' X 10' I I 1558.09 FEET. F M /-1 UTILITY EASEMENT (—a' W 5'EACH SIDE \ CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST INC. d LOT 30 w 04 I J fpq OtiC� DESCRIPTION OF SERVICES REQUESTED:20' DRAINADRAINAGEASEMENT <ti egSFMip f � SURVEYOR'S CERTIFICATION: 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ON —� THE GROUND SUPERVISION, DURING NOVEMBER 2006. THE ABOVE TRACT ACT B BEININ G LOCATED AT BONNEY BRIAR PLACE BEAUMONT, TEXAS 77707 AND BEING DESCRIBED AS A 0.0497 ACRE TRACT OUT OF LOTS 28 & 29, BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 BRIAR B \\ \1 AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. , ' PLACE I 1 REVISION DATE NUMBER DELTA RADIUS ARC CHORD CHORD BEARING C7 30'17'57" 140.00 121.15 120.91 IS 69'59'00" W WALTER J. KSIAZEK *�•��GGI*Rl`��' • r CALLED 140.00 REGISTERED PROFESSI L LAND S VEYOR NO. 5321 DATE: 12-21-06 WALTER J.KSIAZEK FIELD F9ttz&S up an BOOK NO.: 06-08 Consu! g INC. •,FESS�Q • ESM T 2 dn8 ng' rs and Land Surveyors •••••• Q JOB NO :05715 1405 CORNERSTONE COURT BEAUMONT, TEXAS $�pVS" :409 a32�7238 .. ._.. . -.�... -`FAX. 4pg 832:_7303.• _.. , City ouncil Agenda y g da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Value Place Beaumont,L.L.C.has agreed to convey two(2)ten(10)foot wide exclusive Water Line Easements to the City of Beaumont. The easements will provide service for the Value Place Hotel located at 2375 IH 10 South. 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] BUDGETARY IMPACT None. en a1u 1 gv e�ace-ib.wpd 17 September 2007 RESOLUTION NO. WHEREAS, Value Place Beaumont, L.L.C., has offered to convey two (2) ten foot (10') wide water line easements as shown below and described in Exhibit "A" and shown on Exhibit "B" attached hereto, to serve Value Place Hotel located at 2375 IH-10 South: 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] and; WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Value Place Beaumont, L.L.C., as shown above and described in Exhibit"A"and shown on Exhibit"B"be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - i WARTECH "Recognizing the landmarks of the past.....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthev,RPLS J.L.Sims,Jr.,RPLS Michael S.Kethan,RPLS EXHIBIT "A" Page 1 of 4 August 15, 2007 Surveyor's Field Note Description: 0.159 Acre Exclusive City Watermain Easement and a 0.005 Acre Exclusive City Watermain Easement BEING a 0.159 acre (6932 square feet) tract of land (Exclusive City Watermain Easement No. 1) and a 0.005 acre (Exclusive City Watermain Easement No. 2), being out of and a part of Lot 3A and Lot 6A as conveyed to Value Place Beaumont LLC by a Special Warranty Deed dated July April 26, 2007 and filed for record under Clerk's File No. 2007016367 of the Official Public Records of Jefferson County, said Lots 3A and 6A being more fully described and shown in Amended Plat of Lots 3, 4, 5, and 6, Block 2 of Executive Business Plaza dated July October 20, 2006 and filed for record under Clerk's File No. 2006041569 of said Official Public Records of Jefferson County and being situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being more particularly described as follows: Exclusive City Watermain Easement No 1 —0 159 Acre Tract COMMENCING at a 1/2" iron rod with cap found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the southwest corner of said Lot 3A and the northwest corner of called Lot 4A as conveyed to Mickey Phelan B Land L.P. and Eleven Phelan B L.L.C. by a Special Warranty Deed dated December 31, 2000 and filed for record under Clerk's File No. 2001000212 of said Official Public Records of Jefferson County, same being shown as Account No. 019650-000-000500-00000-0 of the Jefferson County Appraisal District; THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.04 feet along the south line of said Lot 3A and the north line of said Lot 4A, to a point beginning a curve to the right, from which a 1/2" iron rod found for the southeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 518.78 feet; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 29 min. 26 sec., an arc length of 14.73 feet, and a chord bearing North 04 deg. 28 min. 45 sec. East 14.73 feet, to a point for the southwest corner and PLACE OF BEGINNING of the herein described tract, THENCE, continuing along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 20 min. 03 sec., an arc length of 10.03 feet, and a chord bearing North 04 deg. 53 min. 30 sec. East 10.03 feet, to a point for the most westerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min .50 sec. East a distance of 408.74 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 7.00 feet to a point for corner; 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 N:\Survey_data\PROJECTS\Projects2007\2 Tel: 409.866.9769 Fax: 409.866.7075 EXHIBIT "A" www.wortech.com, I JL W�RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 4 THENCE South 89 deg. 34min. 50 sec. East a distance of 10.00 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 7.00 feet to a point for corner; THENCE South 89 deg. 34 min. 50 sec. East a distance of 22.16 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 161.83 feet to a point for the most northerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min. 50 sec. East a distance of 10.00 feet to a point for the most easterly northeast corner of the herein described tract; THENCE South 00 deg. 25 min. 10 sec. West a distance of 161.83 feet to a point for comer; THENCE South 89 deg. 34 min. 50 sec. East a distance of 66.06 feet to a point for the most easterly northeast corner of the herein described tract, same being located in the east line of said Lot 6A and said Value Place Beaumont LLP tract, and the west right-of-way of Executive Boulevard (60 feet wide public right-of-way); THENCE South 00 deg. 25 min. 29 sec. West a distance of 10.00 feet, along and with the east line of said Lot 6A and said Value Place Beaumont LLP tract, same being the west right-of-way of said Executive Boulevard, to a point for the southeast corner of the herein described tract; THENCE North 89 deg. 34 min. 50 sec. West a distance of 287.54 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 34.94 feet to a point for corner; THENCE North 00 deg. 25min. 10 sec. East a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 195.26 feet to the PLACE OF BEGINNING, containing 0.159 acre of land (6932 square feet), more or less. Exclusive Citv Watermain Easement No 2—0.005 Acre Tract COMMENCING at a 1" iron pipe found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the northwest corner of said Lot 3A and the southwest corner of called 6.00317 acre tract as conveyed to Beaumont Hotel Partnership, LTD. by a General Warranty Deed dated September 27, 1983 and filed for record under Film Code No. 100-33- 0640 of said Official Public Records of Jefferson County; N:\Survey_data\PROJECTS\P rojects2007\2007-105\2007-105 LEGAL.doc W ,,RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 3 of 4 THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.33 feet along the north line of said Lot 3A, same being the south line of said 6.00317 acre tract, to a point for corner beginning a curve to the left, from which a 5/8" iron rod found for the northeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 494.82 feet; THENCE, in a southwesterly direction along the arc of said curve to the left, having a radius of 1720.32 feet, a central angle of 00 deg. 17 min. 57 sec., an arc length of 8.98 feet, and a chord bearing South 10 deg. 34 min. 58 sec. West 8.98 feet, to a point for the northwest corner and PLACE OF BEGINNING of the herein described tract; THENCE South 79 deg. 53 min. 20 sec. East a distance of 21.54 feet to a point for the northeast corner of the herein described tract; THENCE South 10 deg. 06 min. 40 sec. West a distance of 10.00 feet to a point for the southeast corner of the herein described tract; THENCE North 79 deg. 53 min. 20 sec. West a distance of 21.57 feet to a point for the southwest corner of the herein described tract and beginning a curve to the right; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 19 min. 59 sec., an arc length of 10.00 feet, and a chord bearing North 10 deg. 16 min. 00 sec. East 10.00 feet, to the PLACE OF BEGINNING, containing 0.005 acre of land (216 square feet), more or less. (This description is based upon a survey made on the ground under my direct supervision on August 8, 2007 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the South line of said Value Place Bea mont LLC tract, as being called North 89 deg. 34 min. 50 sec. West.) r Michael Kethan P.�E.OF,•TF� Registered Professional Land Surveyor srFq•.,9�, pr Fa .MICHAEL KETHAN ...�w..r....o...............so �q�ESS��?Q N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc EXHIBrT MP EXEdUTIVE BOU VARD PACE 44 OA 4 a NOT VICINITY TO SCALE s w o (60' PUBLIC R.O,V CALL S00'25'29"W 193.52' W FND S00'25'29"W 193.52' F11.. RiOD °CORPORAT f FND s/e' F'rFp I. ROD c ° �GIiL�, EXECUTIVE -� _ Sp S P` O� L8 L7 L6 LID L4 z � a 0 o L2 =W LOT 6A 0' 30' 60' 120' W �" Q Z J.W. BULLOCK SURVEY a SCALE: 1"=60' a$ wo� ABSTRACT N0. 7 ° LINE TABLE oo;w- _ W LINE BEARING DISTANCE `z u W�'` LI S89'34'50'E 408.74' ��LV VALUE PLACE BEAUMONT LLC ��?° L2 N00'25'10"E 7.00' CALLED LOT 3A AND 6A o-1 W L3 589'34'50"E 10.00' AMENDED PLAT OF EXECUTIVE BUSINESS PLAZA ;o o g m n v m Z o La S00'25'10-W 7.00' N SPECIAL WARRANTY DEED if1�j APRIL 26, 2007 - o m; .8 L5 589'34'50"E 22.16' C.F. NO. 2007016367 ,,o W n 8-1 L5 N0O'25'10'E 161.83' O.P.R..C. m 06,°„ a w a L7 589'34 50 E 10.00' -N ^ r1 rt ;m p p LB 500'25 10 161.83' w w °� 6 `��'i a z W Z L9 S89'34 50 E 66.06 to rn '� 3 ,}„ o LL L10 500'25 29' 10.00' v a ? DoT LINE cv 3 " v W w Lt t N89'3a 50 w 267.54 �C w S'� L12 S00'25 10_ 2.00' N co a s °' L13 N89'34'50 W 34.94 In N M:�i - L14 NOO'25 10-E 2.00 °i°' LIS N89'34'50-W 195.26' <O AMENDED PLAT Of Z ° v LOTS 3, 4, 5 AND 6, BLOCK 2 n z Z m S:? LI6 579'53'20 E 21.54' EXECUTIVE BUSINESS PLAZA p�W �$ L17 510'06'40"W 10.00' OCTOBER 20, 2006 .a .a U 3 o L18 N79-53.20-W 21.57' C.F. NO. 2006041569 O.P.R.J.C. o aa$ ABBREVIATIONS n 0.159 ACRE „`1y o: 10 f FND FOUND m I. IRON uNi W 6932 SQ. F7'. g 50.FT. SQUARE FEET Nx a Li Z j a �O.P.R .J .C. OFFICIAL PUBLIC RECORDS LOT 3A U p1 OF JEFFERSON COUNTY m^ N C.F.° No. NUMBER ° M z POC PLACE OF COMMENCING w EXCLUSIVE CITY x WATERMAIN EASEMENT NO. 1 u POO PLACE OF BEGINNING W Q BEARINGS SHOWN HEREON ARE BASED VALUE PUCE BEAUMONT AND/OR ROTATED TO THE SOUTH LINE OF 2375 IHIO SOUTH .4 THE VALUE PLACE BEAUMONT LLC TRACT BEAUMONT, TEXAS 77705 't CALLED N89'34'50'W IN CLERK'S FILE NO. J F- RECORDS OFFICIAL PUBLIC OF JJEFFERSONCOUNTY. ORDS EXCLUSIVE CITY _j THIS SURVEY WAS PREPARED WITHOUT THE WATERMAIN EASEMENT NO. 2 BENEFIT OF A CURRENT COMMITMENT FOR TITLE INSURANCE OR ABSTRACTOR'S LI7 0.005 ACRE POB - WATERMAIN CERTIFICATE AND THEREFORE EASEMENTS EASEMENT NO. 1 OR ENCUMBRANCES MAY EXIST WHICH ARE --- 216 SQ. FT. Zj;= NOT SHOWN HEREON. 2 _ c1 __POC - WATERMAIN 4.4 12 IIIA FND 1' _ -- _-_ - _ I. PIPE POC C5 20.04' --EASEMENT N0. 1 NATERMAIN CfARDINAL D ��;W ROD'/ oop CURVE TABLE z1f 10 � ANID W- W ti 1 =m° CURVE DELTA ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH gAIVCE C1 00'29'26 1720.32' N04'28'a5 E 14.73' 14.73' C2 0020'03 1720.32 N0.53'30 E 10.03' 1 0.03' C3 00'17'57 1720.32 S10'34 58 8.98' 8.98' C4 00'19'59" 1720.32' N10'16 00"E 10.00' 10.00' FND C5 06'25 20 1740.32 N 0724'05" E 194.97 195.07' CALL CS 1740.32' 195.07' JOB NO: 2007-105 SURVEYOR'S CERTIFICATION FIELD BOOK: 650/10 OF DR.BY: MWG ,`��ST�r, ' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS DATE: 8/15/07 �jf O q t� SURVEY PLAT ACCURATELY REPRESENTS AN ON THE F GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON SCALE: 1"=60' j\ AUGUST 8, 2007, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE "MICHAEL KETHAN PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSON WRTE C H 9 � COUNTY. XAS. LAND SURVEYORS, INC. pR886% Beaumont,Texas exas 77 06-3109 �SURV� � Tel: 409.866.9769 lzpt4''�1/t Fax:409.866.7075 SU V YUR '- www.wortech.com Exhibit "B" E ,"O%- ' City Council Agenda Item 6.. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 18, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District. RECOMMENDATION Administration recommends approval of executing a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside City limits at the corner of Hwy. 124 and Frint Drive. BACKGROUND The Texas Commission on Environmental Quality; Chapter 290, Sub-Chapter D, Rules and Regulations for Public Water Systems, require municipalities to execute service agreements with wholesalers as well as non-transient,non communities,which are not a community water system but regularly serve at least twenty-five(25)of the same persons at least six months out of the year. Once service agreements are executed with such entities,they will be required by State law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer service to sixteen(16)industrial customers and 4,800 commercial customers. The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary sewer service to an RV park located outside Beaumont's City limits. Phase I of the project will provide service to twenty-six(26) spots and Phase II will accommodate fifty(50) additional spots. The estimated total daily flow of 15,000 gallons will have minimal impact on the forty-seven(47) million gallons a day treatment capacity of the Wastewater Treatment Plant. The agreement is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Sewer line extensions and required lift station construction is funded by the owner of the RV park. The City of Beaumont will not participate with any of the construction cost, and will not be responsible for the maintenance of the new infrastructure. SAMPLE WASTEWATER SERVICE AGREEMENT City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ West Jefferson County MUD WHEREAS,West Jefferson County MUD,doing business in the State of Texas(herein"Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on ,2007, for the City to provide provisions of sanitary sewer services to Owner. WHEREAS,the City and Owner desire to adopt a Service Agreement Contract for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH I Owner agrees to maintain, free of charge to the City, the sewer lines within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice,unless under an emergency situation,for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site City of Beaumont 1350 Langham Road Water Utilities Department Page 1 of 5 Beaumont,Texas 77707 access rules while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City, with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property,and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right, at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent, Owner agrees to repair and re-calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter- jurisdictional agreement will be evaluated prior to discharge. V Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the City sewer use ordinance(Ordinance No. 03-018). VI City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 5 Beaumont,Texas 77707 In the event of an overflow,by pass, or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VIl Owner agrees to pay to the City all charges for sewer service within Thirty(30)days from date of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right, upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance,Owner agrees to pay said amended rates. IX Owner agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. X This Contract shall be for a period of 12 months from and after the date of execution. City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 5 Beaumont,Texas 77707 XI Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries,and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme,Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont,Texas 77707 B. Dennis Greene West Jefferson County MUD 7824 Glenbrook Dr. Beaumont, TX 77705 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 5 Beaumont,Texas 77707 of said City to be hereunto affixed,and the said Customer,Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont,Texas, on this day of A.D., 2007. Customer CITY OF BEAUMONT/CITY MANAGER By' BY (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2007. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 5 Beaumont,Texas 77707 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside the City limits at the corner of Hwy. 124 and Frint Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 20, 2007 REQUESTED ACTION: Council approval of Change Order Nos. 2, 3 and 4 for Martin Luther King, Jr. Park. RECOMMENDATION Administration recommends approval of Change Order Nos. 2,3 and 4 for additional work at Martin Luther King, Jr. park in the amount of$32,607. BACKGROUND The construction contract was awarded by Council to N& T Construction, Inc. in the amount of $648,000. Construction is underway and the following improvements are recommended: Change Order No. 2 is the cost to imprint the new memorial bricks that will be placed along the walkway. The original memorial bricks installed in the boulevard on MLK Parkway are scheduled to be replaced. Change Order No. 2 is the cost for imprinting 261 new bricks. Upon completion of the park, the original memorial bricks will be removed from the parkway and offered to the families that purchased them. The cost for imprinting is $6,635. Change Order No. 3 is the cost for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source. Entergy moved the overhead lines but the property owner is responsible for the service breakers and connection. A concrete pedestal and a secure aluminum enclosure was constructed to accommodate the service breakers. The cost for this change order is $8,303. Change Order No. 4 includes furnishing and installing new light fixtures in the parking lot. The high mast light fixture on the park site is sufficient lighting for the park, however, it does not provide enough lighting in the parking area. Staff requested a price from the contractor to furnish and install seven(7)light fixtures in the parking area. The cost includes all trenching,wiring and light pole bases for a complete installation. The cost for the additional lighting is $17,669. M.L.K. Park- Change Order September 20, 2007 Page 2 No additional days for completion were requested. The base bid of$648,000 was increased by Change Order No. 1 to $695,476. Change Orders No. 2, 3 and 4 increase the original contract amount by five percent (5%). Total percentage increase to date is twelve percent (12%). BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to N & T Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr. Park; and, WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2 ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick pavers in a charcoal finish thereby increasing the contract amount by $47,476 which increased the total contract amount to $695,476; and WHEREAS, Change Order No. 2 is required to imprint 261 new memorial bricks that will be placed along the walkway thereby increasing the contract amount by $6,635 for a total contract amount of$702,111; and WHEREAS, Change Order No. 3 is required for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source thereby increasing the contract amount by $8,303 for a total contract amount of $710,414; and WHEREAS, Change Order No. 4 is required for furnishing and installing new light fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total contract amount of$728,083; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order Nos. 2, 3 and 4 increasing the contract amount by$32,607 for a total contract amount of$728,083 for the construction of Martin Luther King, Jr. Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - nxm City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 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 1-7 and 16 and 17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2008 Budget 2. Consider adopting the 2008 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) EXECUTIVE SESSION * Prior to considering Agenda Item 5, the City Council will hold an Executive Session in accordance with Section 551.071 of the Government Code to: Consult with the City Attorney regarding legal issues related to the proposed Collective Bargaining Agreement between the City of Beaumont and the Beaumont Police Officers Association. 5. Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 6. Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements 7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates 8. Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district 9. Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b)Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers 10. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to C-M(Commercial-Manufacturing) District for properties located at 715 and 745 Chamberlin 11. Consider approving a request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 7130 Eastex Freeway 12. Consider approving a request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive 13. Consider approving a request for a specific use permit to allow a middle/high school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1050 Broadway 14. Consider approving a request for a specific use permit to allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425'west of the northwest corner of College and 23' Street 15. Consider approving a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2390 Broadway 16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park 17. Consider approving an ordinance adopting local rules of the Beaumont Municipal Court 18. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston 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: Jim R.ideaux dba JR's Automotive- Small Business Loan The City of Beaumont v. International Association of Firefighters, Local Union 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 September 25, 2007 Consider adopting the FY 2008 Budget t1f...... City Council Agenda Item m K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider adopting the FY 2008 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2008 Budget as submitted to Council on August 14, 2007. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was held on September 4, 2007, which met the requirements of the Charter and state law. BUDGETARY IMPACT Proposed appropriation for all funds, net of a contingency, totals $209,621,700. Additionally, a contingency appropriation of$1,500,000 is made for the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2007, and ending the 30th day of September, 2008, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $96,319,100 b. Debt Service 13,828,800 C. Water Utilities 34,823,700 d. Solid Waste Management 9,112,400 e. Hotel Occupancy Tax 2,901,200 f. Henry Homberg Golf Course 537,800 g. Municipal Transit 11,369,000 h. Other Special Revenue 5,615,200 i. Capital Reserve 10,490,500 j. Fleet Management 6,628,300 k. Employee Benefits 17,121,200 I. General Liability 874,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one lineitem to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Sales and use taxes $ 36,123,710 $ 31,261,500 $ 34,573,000 $ 34,573,000 Property taxes 20,242,920 19,206,000 19,400,000 24,000,000 Industrial payments 11,491,345 12,142,800 12,081,600 12,501,000 Gross receipts taxes 6,830,089 6,220,000 6,613,600 7,485,000 Utility fund in lieu 6,279,000 6,936,000 6,936,000 6,936,000 Charges for services 3,470,410 3,396,000 3,455,800 3,595,100 Fines and forfeits 2,612,302 1,925,400 2,492,700 2,216,100 Licenses and permits 1,403,390 1,300,000 1,416,300 1,411,900 Culture and recreation 431,918 504,000 540,100 607,700 Interest earnings 1,162,366 1,200,000 1,480,000 1,480,000 Miscellaneous revenues 1,052,745 847,100 1,147,300 869,500 Transfers in - 645,700 645,700 645,700 TOTAL REVENUES 91,100,195 85,584,500 90,782,100 96,321,000 EXPENDITURES Police 24,142,266 25,525,100 25,756,400 26,640,800 Fire 18,339,874 19,428,400 19,344,800 20,235,200 Public Works 10,387,571 16,224,000 16,041,000 15,672,000 Public Health 5,882,174 6,503,700 6,632,300 6,848,900 Event Facilities and Libraries 3,342,531 3,613,800 3,339,900 3,987,000 Parks and Recreation - 3,688,900 3,797,500 3,928,600 Finance 3,477,709 3,266,600 3,184,600 3,305,800 Technology Services - 2,530,300 2,404,300 3,005,000 Community Development - - - 2,065,300 Executive Office 1,407,711 1,462,500 1,539,000 1,644,100 Human Resources 839,265 744,700 701,800 1,018,200 City Attorney 689,269 710,700 725,500 758,100 City Clerk 211,154 324,000 229,500 230,100 Internal Services 8,396,858 - - - TOTAL EXPENDITURES 77,116,382 84,022,700 83,696,600 89,339,100 OTHER USES Transfers out 7,406,000 6,326,000 6,326,000 6,980,000 TOTAL APPROPRIATIONS 84,522,382 90,348,700 90,022,600 96,319,100 EXCESS(DEFICIT)REVENUES OVER APPROPRIATIONS 6,577,813 (4,764,200) 759,500 1,900 BEGINNING FUND BALANCE 13,684,809 16,145,572 20,262,622 21,022,122 Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000 Unreserved 18,762,622 9,881,372 19,522,122 19,524,022 ENDING FUND BALANCE $ 20,262,622 $ 111381,372 $ 21,022,122 $ 21,024,022 Exhibit"A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Property taxes $ 12,540,524 $ 12,948,000 $ 12,966,000 $ 12,333,000 Interest earnings 190,957 180,000 240,000 200,000 Miscellaneous revenues 332,265 339,300 339,300 334,500 Contributions from other funds 818,707 815,400 815,400 830,000 TOTAL REVENUES 13,882,453 14,282,700 14,360,700 13,697,500 EXPENDITURES Principal and interest 13,639,935 14,319,500 14,224,500 13,820,800 Service charges 5,258 8,000 8,000 8,000 Other operating expenses - - 10,800 - TOTAL EXPENDITURES 13,645,193 14,327,500 14,243,300 13,828,800 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 237,260 (44,800) 117,400 (131,300) BEGINNING FUND BALANCE 2,032,960 1,820,254 2,270,220 2,387,620 ENDING FUND BALANCE $ 2,270,220 $ 1,7751454 $ 2387 620 $ 2,2564320 Exhibit"A" WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Water sales $ 19,756,896 $ 24,050,700 $ 23,469,000 $ 25,600,000 Sewer charges 6,905,280 5,538,600 5,847,300 6,315,100 Other fees and charges 3,635,749 1,683,000 1,730,600 1,650,000 Interest 441,505 375,000 520,000 500,000 Miscellaneous revenues 80,068 9,000 111,300 12,000 TOTAL REVENUES 30,819,498 31,656,300 31,678,200 34,077,100 EXPENDITURES Wages 5,477,132 5,826,600 5,663,400 6,170,300 Benefits 2,804,507 2,840,800 2,831,500 2,960,600 Operating supplies 927,065 953,200 958,100 961,300 Repair and maintenance 3,260,572 2,904,000 3,285,300 3,361,700 Utilities 2,561,521 2,395,100 2,421,200 2,591,800 Contract services 658,092 531,300 558,600 588,500 Capital 2,005,438 4,493,000 2,085,400 3,128,800 Debt service 8,023,914 9,022,900 8,925,100 9,160,700 Payment in lieu of taxes 4,973,000 5,630,000 5,630,000 5,630,000 Transfers to other funds 250,000 250,000 250,000 270,000 TOTAL EXPENDITURES 30,941,241 34,846,900 32,608,600 34,823,700 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES (121,743) (3,190,600) (930,400) (746,600) BEGINNING FUND BALANCE 10,837,765 9,271,707 10,716,022 9,785,622 Unreserved 10,716,022 6,081,107 9,785,622 9,039,022 ENDING FUND BALANCE $ 10,716,022 $ 6,081,107 $ 9,785,622 $ 9,039,022 Exhibit"A" SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Residential collections $ 5,457,976 $ 5,600,000 $ 5,500,000 $ 5,796,000 Landfill fees 4,070,961 1,800,000 2,750,000 2,400,000 Interest earnings 80,837 50,000 115,000 115,000 Miscellaneous revenues 39,885 2,500 5,900 - Proceeds from sale of assets 65,478 - 1,500 1,500 TOTAL REVENUES 9,715,137 7,452,500 8,372,400 8,312,500 EXPENDITURES Wages 2,093,669 1,855,700 1,817,200 1,995,800 Benefits 1,043,269 994,500 978,300 1,051,300 Operating supplies 1,022,169 879,400 754,400 943,300 Repair and maintenance 1,611,429 1,425,900 1,771,400 1,709,000 Utilities 44,196 44,400 36,800 41,000 Contract services 103,045 231,300 177,500 168,800 Capital 1,345,235 734,400 658,000 1,192,500 Debt service 677,219 670,800 670,800 619,700 Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,306,000 Transfers to other funds 75,000 75,000 75,000 85,000 TOTAL EXPENDITURES 9,321,231 8,217,400 8,245,400 9,112,400 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 393,906 (764,900) 127,000 (799,900) BEGINNING FUND BALANCE 2,206,440 2,053,736 2,600,346 2,727,346 Unreserved 2,600,346 1,288,836 2,727,346 1,927,446 ENDING FUND BALANCE $ 2,600,346 $ 1,2881836 $ 2,727,346 $ 1,9271446 Exhibit"A" HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Gross receipts taxes $ 2,366,831 $ 2,078,800 $ 2,425,000 $ 2,370,000 Interest earnings 23,328 7,000 37,000 35,000 Miscellaneous revenues 62,900 21,500 153,500 23,500 TOTAL REVENUES 2,453,059 2,107,300 2,615,500 2,428,500 EXPENDITURES Convention and Visitors Bureau 1,121,045 1,527,500 1,559,600 1,825,500 Convention Facilities 635,786 - - - Designated Programs 270,000 415,000 295,000 430,000 Transfers to Other Funds - 645,700 645,700 645,700 TOTAL EXPENDITURES 2,026,831 2,588,200 2,500,300 2,901,200 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 426,228 (480,900) 115,200 (472,700) BEGINNING FUND BALANCE 288,734 722,849 714,962 830,162 Unreserved 714,962 241,949 830,162 357,462 ENDING BALANCE $ 714,962 $ 241,949 $ 830,162 $ 357,462 Exhibit"A" HENRY HOMBERG GOLF COURSE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Charges for services $ 401,168 $ 432,000 $ 455,000 $ 453,800 Interest 1,282 1,200 5,000 5,000 Miscellaneous revenues 39,716 - 2,700 - Transfers in - 35,000 35,000 35,000 TOTAL REVENUES 442,166 468,200 497,700 493,800 EXPENDITURES Wages 181,667 190,900 168,500 190,300 Benefits 46,090 56,400 54,800 58,800 Operating supplies 54,625 55,600 61,600 62,600 Repair and maintenance 45,336 50,000 42,800 53,800 Utilities 19,629 18,000 18,300 19,000 Contract services 14,262 18,100 23,200 23,200 Capital - - - 54,400 Debt service 75,645 75,700 75,700 75,700 TOTAL EXPENDITURES 437,254 464,700 444,900 537,800 EXCESS (DEFICIT)REVENUES OVER EXPENDITURES 4,912 3,500 52,800 (44,000) BEGINNING FUND BALANCE 48,477 1,772 53,389 106,189 Unreserved 53,389 5,272 106,189 62,189 ENDING FUND BALANCE $ 53,389 $ 5,272 $ 106,189 $ 62,189 Exhibit"A" MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Service charges $ 581,136 $ 675,000 $ 625,000 $ 630,000 Intergovernmental revenues 2,449,496 10,466,900 3,311,800 8,907,000 Interest 4,112 - 7,000 7,000 Miscellaneous revenues 37,731 90,000 - 90,000 Transfers in 2,196,000 1,396,000 1,396,000 1,720,000 TOTAL REVENUES 5,268,475 12,627,900 5,339,800 11,354,000 EXPENDITURES Contract services 4,200,298 3,950,000 4,165,000 4,200,000 Capital outlay 31,042 8,269,000 1,289,300 7,169,000 TOTAL EXPENDITURES 4,231,340 12,219,000 5,454,300 11,369,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 1,037,135 408,900 (114,500) (15,000) BEGINNING FUND BALANCE (670,751) (376,080) 366,384 251,884 Unreserved 366,384 32,820 251,884 236,884 ENDING FUND BALANCE $ 366,384 $ 32,820 $_ 25�1,884 $ 236,884 Exhibit"A" SPECIAL REVENUE AND OTHER FUNDS STATEMENT OF REVENUES AND EXPENDITURES Balance FY 2008 Balance 10101/07 Revenues Approp. 09/30/08 Confiscated Goods $ 556,200 $ 250,000 $ 806,200 $ - Municipal Airport 4,600 147,400 152,000 Texas Motor Carrier violations 20,800 38,000 58,800 _ Municipal Court Security Fee 9,900 80,700 90,600 _ Municipal Court Technology 403,200 127,800 531,000 Municipal Court Juvenile Case Manager 27,400 60,000 87,400 - Rita Recovery 100,300 3,066,000 3,166,300 - Library Grants - 10,300 10,300 - Julie Rogers Theatre Endowment 116,200 5,000 21,200 100,000 (1) Tyrrell Historical Library 116,600 5,000 121,600 - Expendable Trust 268,700 43,400 312,100 Library Trust 144,600 8,000 152,600 - Library Endowment 840,900 30,000 96,000 774,900 (1) Historical Fire Museum - 9,100 9,100 - TOTAL $ 2,609,400 $ 3.880.700 $ 5,615.200 $ g74,9pp (1) Unexpendable endowment Exhibit"A" CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES Fleet rental $ 1,210,300 $ 1,128,400 $ 1,128,400 $ 1,249,300 Interest earnings 85,086 50,000 300,000 200,000 Miscellaneous revenues 72,945 - 3,700 4,800 Transfers in 4,725,000 4,400,000 4,400,000 4,150,000 Proceeds from capital lease 621,623 - - - TOTAL REVENUES 6,714,954 5,578,400 5,832,100 5,604,100 EXPENDITURES Improvements 457,796 3,460,000 317,000 5,215,500 Equipment 535,771 1,696,700 866,900 1,085,900 Vehicles 1,877,496 2,302,600 2,211,700 3,436,500 Debt service 837,381 900,600 900,600 752,600 TOTAL EXPENDITURES 3,708,444 8,359,900 4,296,200 10,490,500 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 3,006,510 (2,781,500) 1,535,900 (4,886,400) BEGINNING FUND BALANCE 1,875,809 4,204,543 4,882,319 6,418,219 Unreserved 4,882,319 1,423,043 6,418,219 1,531,819 ENDING FUND BALANCE $ 4,882,319 $ 1,423,043 $ 6,418,219 $ 1,5 819 Exhibit"A" FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2007 Estimated Budget FY 2006 (As Amended) FY 2007 FY 2008 REVENUES User fees $ 6,134,571 5,769,700 6,222,000 6,388,800 Interest earnings 4,428 2,000 500 500 Miscellaneous revenues 2,858 - 800 - Transfers in - - - 300,000 TOTAL REVENUES 6,141,857 5,771,700 6,223,300 6,689,300 EXPENDITURES Wages 1,035,485 1,139,100 1,040,500 1,175,700 Benefits 524,719 540,000 525,000 541,400 Operating supplies 1,815,730 1,561,300 2,012,700 2,154,600 Repair and maintenance 2,065,825 1,819,700 2,105,600 1,923,700 Utilities 56,771 55,400 52,300 52,300 Contract services 719,426 573,100 714,500 740,400 Equipment 43,007 29,100 24,500 40,200 Transfers out - TOTAL EXPENDITURES 6,260,963 5,717,700 6,475,100 6,628,300 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (119,106) 54,000 (251,800) 61,000 BEGINNING FUND BALANCE 633,458 513,072 514,352 262,552 Reserved for inventory 350,000 350,000 261,752 322,752 Unreserved 164,352 217,072 800 800 ENDING FUND BALANCE $ 514.352 567,072 262,552 323.552 Exhibit"A" EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Service charges $ 12,032,829 $ 12,329,500 $ 12,329,500 $ 13,110,000 Employee contributions 2,223,407 2,350,000 2,395,100 2,571,000 Interest 234,796 175,000 260,000 250,000 Miscellaneous revenues 9,524 _ _ Transfers in - - - 230,000 TOTAL REVENUES 14,500,556 14,854,500 14,984,600 16,161,000 EXPENDITURES Health Preferred Provider Organization 6,195,785 6,435,000 6,564,000 7,306,500 Health Maintenance Organization 3,885,496 4,600,000 4,150,000 4,680,000 Health prescriptions 2,012,076 2,350,000 2,175,000 2,350,000 Dental 677,565 760,000 689,100 728,000 Other benefits 154,186 191,800 160,100 203,300 Total 12,925,108 14,336,800 13,738,200 15,267,800 Worker's Compensation Third party administration 61,733 62,400 62,400 65,000 Claims paid 674,852 1,000,000 900,000 1,000,000 Excess insurance 76,500 85,000 85,000 85,000 Safety management 162,790 169,500 150,000 178,400 Total 975,875 1,316,900 1,197,400 1,328,400 General Unemployment 79,793 100,000 50,000 100,000 Short-term disability 312,169 350,000 500,000 425,000 Total 391,962 450,000 550,000 525,000 TOTAL EXPENDITURES 14,292,945 16,103,700 15,485,600 17,121,200 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 207,611 (1,249,200) (501,000) (960,200) BEGINNING FUND BALANCE 3,853,316 4,256,463 4,060,927 3,559,927 Unreserved 4,060,927 3,007,263 3,559,927 2,599,727 ENDING FUND BALANCE $_ 4,060,927 $ 3,007,263 $ 36559,927 $ 21599,727 Exhibit"A" GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2006 FY 2007 FY 2007 FY 2008 REVENUES Interest $ 42,721 $ 15,000 $ 55,000 $ 55,000 Transfers in 775,000 775,000 775,000 825,000 TOTAL REVENUES 817,721 790,000 830,000 880,000 EXPENDITURES Professional services 194,804 100,000 25,000 100,000 Claims paid 583,361 700,000 700,000 770,000 Otherinsurance 4,136 4,500 4,200 4,500 TOTAL EXPENDITURES 782,301 804,500 729,200 874,500 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES 35,420 (14,500) 100,800 5,500 BEGINNING FUND BALANCE 964,174 1,044,974 999,594 1,100,394 Reserved for unpaid claims _ _ _ _ Unreserved 999,594 1,030,474 1,100,394 1,105,894 ENDING FUND BALANCE $ 999,594 $ 1,030,474 $ 1,100,394 $_ 1,105,894 Exhibit"A" 2 September 25,2007 Consider adopting the 2008 Capital Program .•.... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer ;lt MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council considering adopting the 2008 Capital Program. RECOMMENDATION Administration recommends Council adopt the 2008 Capital Program as submitted to Council May 11, 2007 and revised August 14, 2007. BACKGROUND Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh(27`h)day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11, 2007. It was revised and submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was also held on September 4, 2007. BUDGETARY IMPACT In the proposed 2008 Capital Program, projects in the design or construction phase total $308,693,000 and include $185,050,000 in Public Works projects, $38,730,000 in General Improvement projects and$84,913,000 in Water and Sewer projects. Projects in the planned phase total $193,234,000 which includes$149,070,000 in Public Works projects, $10,440,000 in General Improvements and $33,724,000 Water and Sewer projects. The total capital program cost for all projects in the design or construction phase and the planned phase is $501,927,000. I I RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2008 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit "A". A public hearing was held September 4, 2007, in the City Council Chambers, City Hall, Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - PUBLIC WORKS PROJECTS FY 2008-2012 Recommended Time Schedule Deslan or Construction Phase Estimated Cost FY 2008-2009 Babe Zaharias Drive $ 1,420,000 Calder- Main to Phelan 49,500,000 [1] Cartwright/Corley-Ditch 100d 1,200,000 [2] Concord IV - E. Lucas to Hwy. 105 16,000,000 [3] Dowlen - College to Walden 11,840,000 [4],[5] Dowlen - US 69 N to Delaware 10,600,000 [4] Downtown Improvements Neches - College to Laurel 1,500,000 Willow and Park - College to North 2,470,000 [6] Pearl Street - Calder to North 570,000 Future Improvements 2,400,000 Fannett Road 630,000 [4] Fannin Street-4th to 11 th 6,300,000 Gulf-Live Oak to Delaware 2,260,000 Hayes Gully 2,790,000 [7] Illuminated Street Markers Signalized Intersections-160 Locations 1,000,000 Laurel - IH-10 to Office Park 4,700,000 [4] Magnolia-Delaware to E. Lucas 5,240,000 Main - Calder to Blanchette 6,800,000 North Street - ML King to Twenty-Third 7,560,000 Old Dowlen - Dowlen to Hwy. 105 6,100,000 [8] Phelan - Major to Keith 4,800,000 Regina-Howell to Thomas 1,600,000 Rolfe Christopher - US 69 S to Virginia 5,500,000 School Sidewalk Program 1,000,000 Seventh Street - IH-10 to Laurel 4,200,000 Street Rehabilitation 3,000,000 Washington - IH-10 to ML King 16,650,000 Washington - Langham to Major 6,710,000 [4],[9] Wendelin/Keily 710,000 Total Design or Construction Phase $ 185,050,000 [1] Includes FEMA Funding of$23,665,180 and other potential funding of$1,950,000. The estimated cost to the City is$23,884,820. [2] This is a joint participation project with DD96.The estimated cost to the City is$1,200,000. [3] Includes Federal Highway Administration funding of 80 percent up to$7,375,000. [4] Air Quality issues will not be determined until a later date and could effect project timeline. [5] Includes Federal Highway Administration Funding of$2,764,800. [6J Includes Federal Highway Administration Funding of$512,000 for the section of Willow between North and Crockett. [7] This is a participation project with DD96.The estimated cost to the City is$700,200 [8] Includes TxDOT funding up to$4,000,000. [9] Includes Federal Highway Administration Funding of$3,080,000. Exhibit"N' PUBLIC WORKS PROJECTS FY 2008-2012 Recommended Planned Protects Estimated Cost FY 2008-2012 Avenue A-Washington to U.S.69 S $ 7,350,000 Caldwood Outfall 5,500,000 College Street - IH-10 to Gofiad 7,690,000 Delaware - Concord to Dowlen 12,100,000 Dowlen - Delaware to Gladys 7,500,000 East Lucas-U.S.69 N to Pine Street 12,600,000 Eleventh Street - Washington to US 69 15,750,000 Gladys Street - IH-10 to Dowlen 8,400,000 High School Ditch 9,130,000 Madison - Irving to Grove 2,470,000 Magnolia - Laurel to Delaware 7,860,000 Moore Street Relief 5,880,000 North Main Street - Calder to RR Tracks 1,890,000 Phelan - IH-10 to Dowlen 16,380,000 Pine Street - IH-10 to Crockett 3,780,000 Sabine Pass-Emmett to M.L. King 2,810,000 School Sidewalk Program 2,100,000 South Park Relief 7,880,000 Street Rehabilitation 12,000,000 Total Planned Projects $ 149,070,000 Total Public Works Projects $ 334,120,000 Exhibit"A" GENERAL IMPROVEMENT PROJECTS FY 2008-2012 Recommended Time Schedule Desion or Construction Phase Estimated Cost FY 2008-2009 Alice Keith Park Improvements $ 1,000,000 Athletic Complex Improvements 1,000,000 Athletic Complex Tennis Center 2,800,000 City Hall Improvements 1,000,000 Communication Building 1,000,000 Detention Facility Hike&Bike Trail 850,000 Downtown Event Center&Lake Park 7,000,000 Downtown Waterway 5,000,000 Fire Station Driveway Replacements 200,000 Fleet Faciltiy Improvements 2,000,000 Martin Luther King,Jr.Park 900,000 Municipal Airport Improvements 4,500,000 [1j 911 Operations Center 3,200,000 [2] Police Department Property Building 1,200 000 Property Acquisition and Site Improvements 1,000,000 Riverfront Park Improvements 2,000,000 Transportation Operations Shop 1,880,000 Tyrrell Historical Library Addition 2,200,000 Total Design or Construction Phase $ 38,730,000 Planned Proiects FY 2008-2012 EMS Medic Station 2 $ 450,000 Fire Station Relocation/Administration 4,590,000 Public Health Department Building 2,500,000 Senior Center 2,300,000 Tyrrell Park Improvements 600,000 Total Planned Projects $ 10,440,000 Total General Improvement Projects $ 49,170,000 [11 Improvements to be funded by the Federal Aviation Administration on a 80/20 and 90110 basis. The total commitment of the City is$600,000 [2] Includes insurance and funding from other sources Exhibit"A' WATER AND SEWER PROJECTS FY 2008-2012 Recommended Time Schedule Desian or Construction Phase Estimated Cost FY 2008-2012 Master Plan for Water&Sewer System $ 400,000 Water Department Security System 250,000 Water Projects: 2 MG Elevated Storage Tank on Dishman 3,300,000 36"Transmission Line 7,800,000 Ammonia Addition to Loeb Well 250,000 Automatic Flushing Devices 100,000 Leak Detection Project 350,000 Loeb Tank Rehabilitation 230,000 Water Line Extension on IH-10(between Brooks&Walden) 680,000 Water Line and Fire Hydrant Installation/Replacement 3,000,000 Water Rights Study 200,000 Water Treatment Plant Generators 3,300,000 Water Treatment Plant-Phase 1 5,200,000 Water Treatment Plant Improvements-Design Phase II 1,300,000 West Tank Rehabilitation 150,000 Sewer Projects: 54"Central Trunk Rehabilitation 5,500,000 54"West Trunk Outfall-Phase I&11 3,800,000 60"Trunk Line Rehabilitation 3,390,000 Degritter-Wastewater Treatment Plant 2,700,000 Dredge Ponds 1 and 2 at Wastewater Treatment Plant 1,200,000 East Lucas Relief Project 1,400,000 Filter Rehabilitation-Wastewater Treatment Plant 1,750,000 Florida Avenue&Fanned Road Interceptors 2,500,000 Grit Pump Replacement-Wastewater Treatment Plant 200,000 Lift Station Repairs 900,000 Primer Lift Station 740,000 Sanitary Sewer Line Extension on IH-10(Brooks to Walden) 680,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 6,000,000 Wastewater Treatment Plant Generators 2,900,000 Wastewater Treatment Plant Master Plan 600,000 Wetlands Design&Rehabilitation 5,900,000 Exhibit"A" WATER AND SEWER PROJECTS PY 2008-2012 Recommended Time Schedule Design or Construction Phase (continued) Estimated Cost FY 2008-2012 Water/Sewer for Street Projects: Calder-Main to Phelan $ 2,080,000 Concord Road-Phase IV-East Lucas to Hwy. 105 1,140,000 Dowlen Road-College to Walden 1,560,000 Dowlen Road-US 69 N to Delaware 910,000 Downtown Improvements: Neches-Laurel to College 210,000 Willow and Park-North to College 700,000 Pearl Street-Calder to North 140,000 Fannin-Fourth to IH-10 453,000 Laurel-IH-10 to Office Park 490,000 Magnolia-Delaware to East Lucas 890,000 Main Street-Calder to Blanchette 840,000 North Street-ML IGng to Twenty-Third 960,000 Old Dowlen-Dowlen to Hwy. 105 530,000 Pearl Street-College to Calder 410,000 Phelan Blvd.-Major to Keith 800,000 Rolfe Christopher-US 69 S to Virginia 330,000 Seventh Street-IH-10 to Laurel 510,000 Tyrrell Park Road Resurfacing 1,560,000 Washington-IH-10 to ML King 2,000,000 Washington-Langham to Major 1,730,000 Total Design or Construction Phase $ 84,913,000 Exhibit"A" WATER AND SEWER PROJECTS FY 2008-2012 Recommended Time Schedule Planned Projects Estimated Cost FY 2008-2012 Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 4,000,000 Wastewater Treatment Plant Ground Improvements 1,000,000 Water Bottling Plant 1,500,000 Water Line and Fire Hydrant Installation/Replacement 2,000,000 Water Treatment Plant Improvements-Construction Phase II 12,000,000 Water/Sewer for Street Projects: Avenue A-Washington To US 69 S 650,000 College Street-IH-10 to Goliad 840,000 Delaware-Concord to Dowlen 2,730,000 Dowlen Road-Delaware to Gladys 630,000 East Lucas-US 69 N to Pine 1,920,000 Eleventh Street-US 69 N to Washington 440,000 Gladys Street-IH-10 to Dowlen 1,280,000 Guff Street-Live Oak to Delaware 424,000 Madison-Irving to Grove 110,000 Magnolia-Laurel to Delaware 1,550,000 North Main Street-Calder to Railroad Tracks 170,000 Phelan Blvd-IH-10 to Dowlen 590,000 Pine Street-IH-10 to Crockett 440,000 Sabine Pass-ML King to Emmett 850,000 Total Planned Projects $ 33,724,000 Total Water and Sewer Projects $ 118,637,000 Exhibit"A" 3 September 25, 2007 Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget .,..., City Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer, �7j MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected in the FY 2008 Budget. RECOMMENDATION Administration recommends Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2008 Budget which will raise more total property taxes than last year's budget by$4,169,000 or 13.3%and of that amount$671,683 is tax revenue to be raised from new property added to the tax roll this year. BACKGROUND Section 102 of the Local Government Code was amended and is effective for budgets being adopted after September 1, 2007. Section 102.007 was amended to include the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." BUDGETARY IMPACT The FY 2008 Budget includes $4,169,000 more in property tax revenues than was included in the FY 2007 Budget. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2008 BUDGET. WHEREAS, the proposed FY 2008 budget will raise more total property taxes than last year's budget by $4,169,000 or 13.3%; and, WHEREAS the adoption of a budget that raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $4,169,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 4 September 25, 2007 Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) City Council Agenda Item c..l � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.654 for the tax year 2007(FY 2008). The tax rate would be apportioned $0.434 to the General Fund and$0.220 to the Debt Service Fund. This distribution represents a shift of 3.9 cents of the dedicated tax rate from the Debt Service Fund to the General Fund. Section 26.05(b)of the Property Tax Code,mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. The mandated language is shown in bold. "I move that property taxes be increased by the adoption of a tax rate of 65.4 cents." This tax rate reflects a one-half cent decrease from the 2006 tax rate. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 601h day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code requires the following statements to be included in the City's ordinance setting the tax rate: "This tax rate will raise more taxes for maintenance and operations than last year's tax rate." "The tax rate will raise taxes for maintenance and operations on a $100,000 home by approximately$39.45." Adoption of Tax Rate September 25, 2007 Page 2 In accordance with truth-in-taxation laws,two public hearings were held on September 4,2007 and September 11,2007. In addition,all required notices were published in the newspaper,on the City's website, and on the municipal channel. BUDGETARY IMPACT Property tax revenue in the FY 2008 Budget is calculated at the rate of$0.654 per$100 in assessed value.This rate,applied to the certified tax roll of$5,582,328,543 plus minimum values omitted due to protests at a collection rate of 97%, generates approximately $35,413,000 for the General and Debt Service Funds combined. ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2007; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 30, 2007, to be $5,582,328.543; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.654 per each $100 of value for the tax year 2007 (FY 2008) should be established based upon said roll; and WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE; AND WHEREAS, THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $39.45. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$5,582,328,543 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2007 (FY 2008), for municipal purposes only, an ad valorem tax rate of$0.654 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.434 Debt Service Fund $0.220 Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - 07/30/2007 14:58 4098409732 PAGE 03 STATE OF TEXAS ) COUNTY OF JEFFERSON ) CERTIFICATION OF 2007 APPRAISAL ROLL FOR City of Beaumont I,Roland R.Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 30,200 Date oland R.Bieber,RPA Chief Appraiser Jefferson County Appraisal District 2007 APPRAISAL ROLL INFORMATION 2007 Gross Value M-.252,126.821 2007 Gross Taxable Value(Net Appraised) $5.844.888.293 Total Number of Accounts #of Accounts with Homestead Exemption 84 #of Accounts with Over-65 Exemption 7.876 #of Accounts with Disabled Exemption :1.312 #of Accounts with Veterans Exemption #of Agriculture-Use Accounts 2L42 #of.Exempt Accounts 4.082 2007 Taxable Value $ M2.328.54.3 RECEIVED BY: I)ATE: EXHIBIT "A" TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 7/30/2007 8.51.41 ADP3TAXC CERTIFIED 2007 APPRAISAL ROLL 12310403 PACE 1 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION OOX * OVER SIXTY-FIVE LOCAL OPTION 17.500 * DISABILITY LOCAL OPTION 17,500 m ALLOWANCES * S .659000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 W ACCOUNTS SUB-TOTALS GROSS VALUE IN DISTRICT 63.855 2,126,821 * MINUS EXEMPT ACCOUNTS 4.082 373,480,406 5,878.646.413 MINUS AGRICULTURE ACCOUNTS 242 MARKET VALUE 34,752,370 PRODUCTION VALUE 1,058,520 LOSS DUE TO AG EXEMPTIONS 33,693,85C 5.844.952,563 SUBJECT TO LATE PENALTY O POLLUTION CONTROL 2 64,270 5.844,888,293 FREEPORT ACCOUNTS 0 0 5.644,888.293 LEASED VEHICLES 0 0 5,844,888,293 PRIMARILY CHARITABLE ORG 8 0 5,844,888,293 NET APPRAISED VALUE 59,763 5,844,886,293 LOSS DUE TO LIMIT 14,760 94,185,650 5,750,702.443 ABATED ACCOUNTS 0 0 5.750.702,443 HISTORICAL ACCOUNTS 8 3,802,200 5,746,900,243 EXEMPTIONS STATE MANDATED HOMESTEAD 24,084 0 5,746.900,243 STATE MANDATED 065 7,876 0 5,746.900,243 STATE MANDATED DISABLED 1,312 0 5,746,900,243 LOCAL OPTION 065 7,876 136,131,870 5,610,768,373 LOCAL OPTION DISABLED 1,312 22,468.910 5.586.299,463 LOCAL OPTION HOMESTEAD 24,084 0 158.600,780 5,58B,299.463 VETERAN EXEMPTIONS EXEMPTION CODE I U 0 0 0 EXEMPTION CODE 2 Ia 5000 206 1.026,340 EXEMPTION CODE 3 @ 7500 60 426.690 EXEMPTION CODE 4 .@ 10000 67 634,030 EXEMPTION CODE 5 @ 12000 99 1.156.740 EXEMPTION CODE 6 (a 12000 236 2,682,120 EXEMPTION CODE 7 @ 12000 0 D EXEMPTION CODE 8 to 5000 IO 45.000 TOTAL VETERAN 678 5.970.920 N NET TAXABLE 5,582.328,543 NGROSS TAX AMOUNT .00659000 ------•--•-----------•------•--•--- ---------•--- -------------------------- -----> S 36,787,553.19 ** m 065 FROZEN TAX ACCOUNTS 0 CD 065 BEFORE FROZEN TAX .00 m MINUS 065 FROZEN TAX .00 m LOSS DUE TO FROZEN TAX *** .00 DISABL FROZEN ACCOUNTS D DISABLE BEFORE FROZEN TAX .00 MINUS DISABL FROZEN TAX .00 pp LOSS DUE TO FROZEN TAX ** .00 NET TAX AMOUNT ------ ---------- ------- ---------- - ------ ----- ----- --- --- ---- ---------- ---- ----------> S 36.787,553.19 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ti ** INCLUDES 3 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 127,738 m ** INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR66 AMOUNT 0 (V ** INCLUDES 1 PRORATED HOMESTEAD ACCTS TOTAL PRORATED HOMESTEADAMOUN 0 m m ti m 5 September 25,2007 Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association V0ftW� ••••.. City Council Agenda Item .1m I& TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 21, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association RECOMMENDATION The Administration recommends approval. BACKGROUND The existing labor agreement with the Beaumont Police Officers Association expires on September 30, 2007. The City and Association have been negotiating a new agreement since May of this year. The new labor agreement would commence October 1, 2007 and expire on September 30, 2011. The substantive parts of the new agreement include the following: The agreement provides for a 5%wage increase effective October 1,2007; 5%on October g 1, 2008; 5% on October 1, 2009 and 4% on October 1, 2010. Effective January 1, 2008, police officers will contribute the same amount in monthly premiums for medical insurance as civilian employees. Employees with one dependent will pay $140 per month effective January 1, 2008. Employees with two or more dependents will pay $190 per month. Police officers with two or more dependents currently contribute $165 per month for medical insurance. In future years, the City may increase the monthly premium rate for officers by the same percentage increase as for civilian employees not to exceed 12.5% per plan year. For example, if the City increases the monthly premium rate for civilian employees by 5% effective January 1, 2009, the monthly premium rate for officers with two or more dependents would be increased by $9.50 to $199.50. Language has been added in the Duration Article stating the City presently intends to continue the agreement each fiscal year through the end of its term, and to fully perform all of the obligations of the City. It further states "all obligations of the City shall be paid only out of current revenues or any other funds lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. A copy of the tentative agreement between the City and Association is attached for your review. New language is in bold print and language that will be deleted in the new contract has been lined through. The new labor agreement is recommended by the City Manager, Police Chief and CFO. BUDGETARYIMPACT Funds are available in the proposed FY 2008 Budget to fund the 5% wage increase effective October 1, 2007. LABOR AGREEMENT BETWEEN THE CITY OF BEAUMONT& THE BEAUMONT POLICE OFFICERS ASSOCIATION OCTOBER i, 2007 [ ] - SEPTEMBER 30, 201, L20o7l TABLE OF CONTENTS Article Provision Pa.e PREAMBLE INTENT AND PURPOSE DEFINITIONS 1 RECOGNITION 2 DISCRIMINATION 3 MANAGEMENT RIGHTS 4 MAINTENANCE OF STANDARDS 5 NO STRIKE - NO LOCK-OUT 6 UNION REPRESENTATIVES 7 UNION BUSINESS LEAVE 8 PAYROLL DEDUCTION OF DUES 9 GRIEVANCE PROCEDURE 10 PROBATION AND SENIORITY 11 PROMOTIONS 12 WORKING OUT OF CLASSIFICATION 13 HOURS OF DUTY AND WORK SCHEDULES 14 SHIFT EXCHANGE 15 CLOTHING 16 LEAVE 17 HOLIDAYS 18 WAGES 19 SHIFT DIFFERENTIAL 20 OVERTIME, CALL-BACK AND STAND-BY PAY 21 LONGEVITY PAY 22 INSURANCE 23 GENERAL PROVISIONS 24 CIVIL SERVICE 25 SELECTION 26 COPIES OF AGREEMENT ['2 Q A 17TNTfICI ('ET T7Ll v.,1° 22 STABILITY OF AGREEMENT 28 POLICE OFFICER'S BILL OF RIGHTS 29 IMPASSE PROCEDURE 30 RETIREMENT 3-11-331 DURATION OF AGREEMENT 332 SAVINGS CLAUSE APPENDIX "A" — SCHEDULE OF WAGES [APPENDIX PPENDIX"B" -PROMOTIONAL 1r X A AIP L'l APPENDIX "B" [° — Ten Hour Shifts J 2 THE STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement is made and entered into by and between the City of Beaumont,a municipal corporation domiciled in the State of Texas, herein referred to as the"Employer,"and the Beaumont Police Officers Association (BPOA), hereinafter referred to as the "Union." INTENT AND PURPOSE It is the general purpose of this agreement to promote the mutual interests of the Employer and its employees; to provide for equitable and peaceful adjustment of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the Employer under methods which will further,to the fullest extent possible,economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness,protection of property and avoidance of interruptions of service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. DEFINITIONS For the purposes of this Agreement,the following definitions shall apply: A. "Chief' means the Chief of Police of the Beaumont Police Department or his designee. B. "City" means the City of Beaumont. C. "CLEAT" means the Combined Law Enforcement Associations of Texas. D. "Department" means the Beaumont Police Department. E. "Director" means Director of the Beaumont Fire and Police Civil Service Commission. F. "Employee"means a sworn police officer who is a member of the bargaining unit. G. "Employer" means the City of Beaumont. H. "Officer" means any sworn officer who is a member of the bargaining unit. 1. "Union" means the Beaumont Police Officers Association. 3 Pronoun Use Unless otherwise stated,it is understood and mutually agreed that masculine and feminine pronouns refer to, and include,both genders equally. ARTICLE 1 RECOGNITION Section i. The Beaumont Police Officers Association, hereinafter referred to as the "Union," having qualified for exclusive recognition and having been designated by a majority of the employees in the unit as their representative, is hereby recognized by the Employer as the sole and exclusive bargaining agent for the employees in the bargaining unit in matters concerning wages,rates of pay,hours of employment,or conditions of work affecting police officers in the unit. Section 2. It is agreed that the bargaining unit, covered by the terms of this agreement, shall consist of all full time police officers with the exception of the Chief of Police [_ seFgeants liettten. til. -z n 1 ]of the Department. Recognizing that legislative proposals relating to public employee labor relations may be under consideration at both State and Federal levels,the Employer and the Union agree that membership in the bargaining unit may be adjusted as new legislation may become applicable. Section 3. The Union recognizes the City Manager or his designated representative or representatives as the sole representative or representatives of the Employer for the purpose of collective bargaining. Section 4. The rights of the Union, as sole and exclusive bargaining agent, include sole and exclusive payroll deduction of dues from employees paychecks for Union membership; sole and exclusive access and use of the Union bulletin boards; and sole and exclusive representation rights under the grievance procedure herein. ARTICLE 2 DISCRIMINATION The Employer agrees not to interfere with the rights of police officers to become members of the Union and to maintain such membership. The Employer shall not discriminate against any employee because of his lawful Union activity. The Union agrees that it will not interfere with, coerce or intimidate any employee into joining the Union. The Union recognizes that no employee is required to join the Union,but that each employee has the right to choose of his own free will as to whether or not he will or will not join the Union. The Union further agrees that there will be no interference with the free right of any employee of the Employer to enter and leave its premises and property unmolested and without harassment. It is the mutual obligation of the Employer and the Union to assure that no employee shall be subject to any discrimination because of race,religion,color,sex, or national origin. 4 ARTICLE 3 MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the direction of the work force and the management of the Department,including,but not limited to,the right to hire,the right to discipline or discharge for just cause, the right to decide job qualifications for hiring, the right to lay off for lack of work or funds, the right to abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine the methods, processes and manner of performing work of employees, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs, are vested exclusively in the Employer. Except in situations of emergency,it is agreed and understood that whenever the Employer intends to exercise its contractual managerial prerogatives in a manner which will have impact upon employees covered under this agreement,the Employer shall notify the Union at least thirty (30) calendar days in advance of its intent to change, modify, rescind or institute any new policy or order which affects the employees and take into consideration any written responses made by the Union prior to implementation of any such change and afford the Union an opportunity to confer with the Employer. ARTICLE 4 MAINTENANCE OF STANDARDS Nothing contained in this Agreement shall be construed as repealing any lawful,recognized benefit provided through the Department for employees of the Department, and no employee shall inadvertently suffer any loss of wages, or hours by reason of the signing of this Agreement. ARTICLE 5 NO STRIKE - NO LOCK-OUT Section 1. The Union agrees that,during the term of this Agreement,it will not authorize, ratify, encourage, or otherwise support any strikes, slow-downs, picketing, or any other form of work stoppage or interference with the business of the Employer,and will cooperate with the Employer in preventing and/or halting any such action. Employer agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this Agreement. 5 Section 2. The Employer may discipline and/or discharge any employee who instigates, participates,or gives leadership to any act or conduct prohibited by Section 1 of this Article. The Employer may also invoke any remedies authorized by Section 174.205, Local Government Code, in the event of any strike, work stoppage, or slow-down. ARTICLE 6 UNION REPRESENTATIVES Section 1. A written list of Union executive officers shall be furnished to the Employer immediately after their designation and the Union shall notify the Employer of any changes. The Union shall designate not more than nine [eikht k8)]executive officers.The Union officers and the Union President or his designee shall be granted reasonable time off during working hours without loss of pay to investigate and settle grievances,consider and prepare responses to management initiated proposals, participate in arbitration or court actions involving the Union, and represent unit employees in formal disciplinary action proceedings,provided that the officer(s)advise their commanding officer. Permission may be withheld due to emergency operating requirements by the commanding officer,but will not be unreasonably withheld. Section 2_ Union officers,board members, committee members and stewards will be given reasonable time off to attend a reasonable number of Union [beaf-d] meetings held on Employer's premises or within the corporate limits of the City. Section g. Grievance Committee members will be given reasonable time off to attend Grievance Committee meetings. Section 4. Management agrees to allow the Union to have space in any [the] police [st�rtiart] facili for board meetings, grievance committee meetings, other committee meetings and general meetings subject to space availability. The Union shall give the Chief of Police three (3) calendar days written notice of its intent to use any police facility. The Chief of Police may not unreasonably deny such use Section 5. To enable the Union to expedite the preparation of contract proposals, the Employer agrees to allow the Union President reasonable time off for such purpose and to allow reasonable time off to other members to assist subject to the approval of the Chief. ARTICLE 7 UNION BUSINESS LEAVE Section 1. All employees covered by the terms of this Agreement who are members of the collective bargaining team, not to exceed four (4), shall be allowed time off to negotiate if they are scheduled to work at that time. Section 2. [Th ] Elected Union officials shall be allowed to attend the monthly BPOA meeting without loss of pay or benefits if said meeting occurs during the official's regular tour of duty. The Union shall make a reasonable effort to conduct its 6 meetings within three (3) hours. No overtime shall result relating to the officials attending the meeting. Officials may be called back to duty in an emergency. Section 3. Up to three(3) Union officials,shall be granted time off without loss of pay or benefits to attend the semi-annual CLEAT board meeting, for a total aggregate of not to exceed fifteen (15) working days per year. Section 4. Union officials may be granted time off without loss of pay or benefits to attend a reasonable amount of labor orientated training sessions or seminars subject to approval of the Chief. Approval by the Chief shall not be unreasonably withheld. The Union [ter"TZ�tiiTr�] will be responsible for the payment of travel expenses and training fees. ARTICLE 8 PAYROLL DEDUCTION OF DUES Section i. The Employer agrees to deduct, once each month, dues and assessments in an amount certified to be current by the Secretary-Treasurer of the local union from the pay of those employees who individually request, in writing,that such deductions be made. The total amount of deduction shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the Employer to the Secretary- Treasurer of the Union. This authorization shall remain in full force and effect during the term of this Agreement. Section 2. In the interest of harmonious and stable relations between parties,at the time of employment, the Union will inform each new employee that the employee may voluntarily execute an authorization of voluntary salary allotments for the payments of dues, should the employee desire to join the Union. Section 3. The Union shall forward to the Employer a copy of all authorizations or cancellations of voluntary deduction of union dues by employees in the unit. Section 4. Employer agrees no charge will be assessed for deduction of dues from employee pay. Section 5. The Employer agrees to continue said deductions during the term of this Agreement and will do so until a new agreement is put into effect, even if this Agreement expires. Section 6. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee resulting from the operation of this Article. Section 7. Unless there are exigent circumstances, payroll checks will be made available on Thursday prior to payday at 4:oo p.m.in the Finance Office to be picked up by the Police Department representative. 7 ARTICLE 9 GRIEVANCE AND DISCIPLINARY APPEALS PROCEDURE Section 1. The purpose of this grievance and disciplinary appeals procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances and disciplinary appeals.A grievance is defined as any dispute involving the interpretation, application or enforcement of a specific clause of this Agreement. [; ]The disciplinary appeals procedure shall include any demotion, suspension or termination for disciplinary purposes of any employee. Employees who are members of the bargaining unit may bring disciplinary appeals, but only the Union and the Employer may bring contract grievances. [("ri,,-_nees may be filed by the k-i fl:� the ► I ;-oi=ftny-e itAieyee.-1 Management agrees to allow the Union grievance committee access to a suitable location for grievance committee meetings. Section 2. Disciplinary Appeals [Grie ane s]. In the original written statement and charges and in any hearing conducted under this Agreement, the Chief may not complain of an act that occurred earlier than the 180th calendar day preceding the date the Chief suspends the officer unless the act is discovered after the 160th calendar day following its occurrence, in which case, the Chief has an additional thirty(30)calendar days to suspend the officer.The Chief shall certify the date of his discovery of the act in question to the employee (-Uni-(�n I in writing. o � nt« s1ift11-��k-� {.., rracrcic,-sciice-cac�rrsT�s-c�rr,,�,srcacci=nc�aau�sccrtclari�—r-cc, " days of the date uponwhieh the ernp.lovee knew or- sl-loulff-I known of the eeeE+tv-nee A. [B-.]Any employee who is [aggfieved--bet tee-4.1 demoted, suspended or terminated as a result of a disciplinary action or his attorney[terminal-ion..shall.] may file a written appeal that includes the basis for the appeal and a request for arbitration.The appeal must also contain a statement denying the truth of the charge as made, a statement taking exception to the legal sufficiency of the charge, a statement alleging that the recommended action does not fit the offense or alleged offense, or a combination of these statements (repoi the nature an'. deia ] with the Chief within fifteen(15) calendar days of the date the employee was served written notice of the disciplinary action [ ��rc-�-�-eve-ri;�e--ts�--t#�e---g�ienfie�• �I-f-��f�t---re �x-1r�ite�riev�te--:Tl��rll-tae fc"s'r•`s�ur�`,i tv tiit i,aic" ivr�.,"��] 8 B. [C.] A disciplinary appeal[g-fievanee]not filed[1 3 ght tl matt i the TUnion -grievanee ommittee] within the time limit described shall not be considered timely and shall be void. C. [�] The time limitations described herein may be waived by mutual agreement in writing by the aggrieved employee or his attorney and the appropriate management official. ltial-Hnit-the-grieva nee-G itl in t# i e-1 ati m speeified above to the Union's g t t i Ava ref;tl e �ittee gl all flflte �t�ifa lifl i e,ask=xist:-:.. .fjf the opinion7oTf -1-s of the Union vlll not-pepfe� the f r agfe �s� Ian -tlic-+*A rtit . ( )ealehhc ar-days' / ut-chic:p !mprvFcc presen D. [G.I The Chief shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date said grievance was filed with the Chief. If the grievance remains unresolved,said grievance,if submitted,must be filed with the office of the City Manager. Said grievance must be filed within seven (7) days of the date the Chief rendered or should have rendered a written decision. E. [H-:] The City Manager shall render a written decision regarding grievances of demotion, suspension or termination within seven (7) calendar days of the date the employee filed said grievance with the City Manager. F. [C. l: The employee [eomrn ttee] or his attorney [ids fepfesertt-C.1 may request that the disciplinary action [gfievane e] be submitted to arbitration. [ # tl - -tf ,,,`° a t f �'�a 33f1--I3e itted to i La ca Lion, �,a.— cl-CCU 1L ...Lid L r i7�.sLZ17hIi I'CCCCi—h''�LIng L eii, WiIIL.c v1. Lt.L with i fid-a=days--itfln:17 the-dote the City Maaa er---eti- e-f G. Any employee who is passed over for promotion may file a written appeal with the Chief of Police within fifteen(i5)calendar days of the date the employee was served written notice of being passed over for promotion The written appeal by the employee may be filed by an attorney of the employee's choice. The Union and the Employer agree that while a "promotional Passover" does not constitute discipline, the procedure for addressing such appeals shall be the same as that of a disciplinary appeal H. The Chief of Police and the employee can enter into a written negotiated agreement regarding discipline with written approval of the City Manager. 9 Section 3. Contract Grievances. A. A grievance involving the interpretation,application or enforcement of a specific clause of this Agreement by one or more employees shall be brought to the attention of the Union grievance committee in writing within thi o calendar days of when the employee knew or should have known of the grievance.The Union may bring a grievance that is an on-going practice by the City which affects the bargaining unit as a whole("Class Action")within thirty (go) calendar days of when the Union knew or should have known of the grievance. Within thirty (no) calendar days of receipt of the grievance, the grievance committee shall determine if a valid grievance exists If,in the opinion of the grievance committee, no grievance exists or the Union denies the grievance, the grievance committee shall notify the employee If the Union accepts the grievance, the Union shall, within seven (7) calendar days of accepting the grievance, present written notice of the grievance to the Chief of Police for adjustment. It is the intent of the parties to attempt to resolve disputes and grievances over the application, interpretation and enforcement of the Agreement at the lowest level. Nothing herein shall prevent the Union from meeting and conferring with the City Manager, Chief of Police or their designees in an attempt to resolve the alleged grievance before the time limits expire.The Union grievance committee may invite the City Manager,Chief of Police, or their designees to submit for the grievance committee's consideration any evidence that the grievance has been addressed or resolved in a previous grievance or an arbitrator's award eftntig. g the submitted te the Ch WH+4 -14 1 1 -fifteen 15, ndar days ft--etn the date that the C an-1 �rw ca#-tl ttr.3 i e er oeeuffll��s diat gait e i ism to the grievanee.] B. The Chief shall render a written decision to the Union President or his designee within seven(7)calendar days of the date the Union filed said grievance with the Chief. C. If the grievance remains unresolved,the Union[eenimittee ] may submit said grievance to the[c4ie -of-the] City Manager. Said grievance,if submitted, must be filed within seven (7) calendar days of the date the Chief rendered or should have rendered a written decision. 10 D. The City Manager shall render a written decision within seven(7)calendar days of the date the Union filed said grievance with the City Manager. E. If the grievance remains unresolved,the Union[ ' ' j may request that the grievance be submitted to arbitration. If the Union requests that the grievance be submitted to arbitration, said request must be submitted in writing to [the of teefl the City Manager within seven (7) calendar days from the date the City Manager rendered or should have rendered a written decision. F. A grievance and/or a written request for arbitration not filed within the time limitations specified herein shall not be considered timely and shall be void. G. The time limitations described herein may be waived by mutual agreement in writing by the Union or their attorney and the appropriate management official. Section 4. Arbitration. A. Either party may request the Federal Mediation and Conciliation Service(FMCS) or American Arbitration Association (AAA) to provide a list of arbitrators in accordance with its selection rules.Either party shall have the right to reject the list submitted by FMCS or AAA once only or by mutual agreement of the parties.In that event,the FMCS or AAA will be requested to submit another list. The parties shall select an arbitrator from the list. The parties,by mutual agreement, may select to use AAA expedited rules. B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to,subtract from,or modify any of the terms of this Agreement. 2. The arbitrator shall deal only with the disciplinary appeals,promotional passovers or contractual grievance or grievances that occasioned the arbitrator's appointment. C. The decision of the arbitrator, if within the scope of the arbitrator's authority, shall be final and binding upon the parties. D. The Union and the Employer shall equally share the costs and expenses for the arbitrator's services. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. E. Except as otherwise provided for in Article q Grievances,with respect to appeals of suspensions,indefinite suspensions,promotional passovers and demotions,the Employer and Union hereby agree that the administrative procedures for arbitration hearings and the respective rights of employees in such proceedings shall be governed by the Texas Local Government Code, Section 143.057• 11 F. The powers and duties of the designated arbitrator or hearing examiner in such proceedings are as prescribed by the Texas Local Government Code, Section 143•057(fl, which shall include, but are not limited to, the right to subpoena witnesses. G. The Union agrees that, on behalf of its members individually and collectively, with the adoption of this grievance procedure herein, the employee hereby relinquishes the right to appeal to the Civil Service Commission and/or appeal the designated arbitrator's final decision to the District Court except as provided by the Texas Local Government Code, Section 143.057(1)• (H ) The arbitrator shall be empowered to determine whether an issue is subject to arbitration pursuant to this Agreement. ARTICLE io PROBATION AND SENIORITY Section i. Probation. A. Employees shall be considered to be probationary for a period of twelve (12) consecutive months from the date of commission as a Beaumont police officer. The Chief may extend the probationary period one time for an additional ninety (go) calendar days upon notification in writing to the Union and the employee of the reasons.A probationary period may be extended in excess of ninety(go)calendar days due to extenuating medical circumstances not to exceed one (1)year. B. The Union may accept probationary employees as members at-large,but they are not to be considered as protected by this agreement. The Union may provide advice, or representation, to the probationary employees only as allowed by law. C. During the probationary period, an employee may be disciplined for any reason, without recourse to the grievance procedure. D. Article 1o, Seniority, Section 2, shall not apply to a probationary employee. E. Article 14, Shift Exchange, shall not apply to a probationary employee. F. Duty hours and work schedules of probationary employees maybe altered at any time deemed appropriate by the Chief of Police or his designee. Section 2. Seniority. A. Seniority in grade or rank shall be the determining factor in vacation leave, splitting of vacation,days off,and annual personnel shift assignments.The Employer may make job assignments based on job skills and qualifications. In the event applicants have comparable skills,seniority in grade or rank shall be the determining factor.The Chief shall 12 determine which officers will attend the training schools. Seniority from the date of commission as a Beaumont police officer shall be the determining factor in all layoffs or recalls. B. The Union President(if desired)shall be assigned to the day shift to permit said officer to attend to Union business. This assignment shall at no time adversely affect any other employee with respect to shift and days off. [Slttklno pes-tt-ifm g , then t' j l t ll w pp a ig ate t"--(Itffi fig the(htfs ti rt t1 1 t1 -of Pfesif"t:his (.-tom f ffic ,] a C. For the purpose of this Agreement,seniority shall be considered to be continuous service from the last date of appointment as a commissioned police officer with the Department.Continuous service shall include periods of leave without pay,which have been approved by the Chief and City Manager. D. Layoff and recall shall be pursuant to Section 143.085,Local Government Code. ARTICLE ii PROMOTIONS Section i. Except as provided for in this Article, all written promotional examinations shall be made in accordance with Municipal Civil Service,Chapter 143,Local Government Code.Written promotional examinations shall be given between the ninetieth (90th)and one hundred and twentieth(120th)day of the effective date of the vacancy. [The Br pl br- ��t#re �e ;n c tt 1 tet=l f>et - s c th in Seetion 8-btit f:�rrl tf l e Umployef stipulates its intention to do so when pos-L.*-.-.-+-I,- foi +-a-4ii tt t4>:._.:Fr{any{>ti�>rt frox t1 r �..:mast:tlti eligil}rli =li ll e e clE as s� : n as possible after the elig bilit . list has been eerti fied.] Except for review and appeal of promotional examination questions pursuant to Section 143. 034, all other promotional grievances shall be determined by arbitration pursuant to provisions of Article 9 of this Agreement. Section 2. Promotional Examinations. Promotional examinations for Grade II (Sergeants) shall be open to all employees who have held a continuous sworn position with the Department for five(5)years or more (immediately prior to the effective date of the vacancy). For purposes of this paragraph, "continuous " shall include any term of service in an appointed position pursuant to 14.j.014 of the Texas Local Government Code.Promotional examinations for Grade III (Lieutenants) and Grade IV (Captains) shall be open to all employees who have held a continuous position for three (3)years or more (immediately prior to the effective date of the vacancy) in the classification immediately below the classification for which the examination is given. 13 a. All seniority points given for promotions shall be based on continuous service in ��, the Tlep tfn-,,,T u to a maximum of ten to ears of service for grade [;��it�-C��-��z�rr��,a��] p ( )Y Grade II. b. Seniority points for Grade III and Grade IV promotions shall be up to a maximum of five (5) years of continuous service in grade. The effective date of vacancy shall be the last day of employment by the individual who is leaving the position that will be made vacant. Section 3. Test material for all promotional examinations may include all or any combination of the following: a. Texas Penal Code; b. Texas Code of Criminal Procedures; c. Texas Traffic Laws; d. Texas Family Code; e. Texas Drug Laws; f. Beaumont City ordinances; and g. Rules, regulations and written directives of the Department. Section 4. Test material for Grade II (sergeant), Grade III (lieutenant), and Grade IV (captain) promotional examinations may also include up to four (4) outside sources of reading material chosen by the Civil Service Director. The sources must pertain to the respective duties of the position being sought. Section 5.If more than two(2)outside sources of reading material are selected,reduction of the sources shall be accomplished by limiting the number of chapters from which test questions may be derived to approximately fifty percent (50%) of the total volume of sources. Section 6. An eligibility list established as a result of the examination shall expire one(1) year from the date of the written examination unless the examination is held to be invalid. � he� -tl � °aserltwt'teec� tlhti.1 =..tl.Ea._Cvll 'f�~vietnf� ]. Section 7. The Chief may appoint from the rank of Grade II with io years or more of seniority as a Grade II, Grade III and Grade IV[staff of the Dep t eifl,at the Chief s sole discretion, two (2) positions below the rank of Chief. Those appointed shall serve at the pleasure of the Chief and may be demoted to their previously held civil service rank without cause.In no event shall any demoted appointee cause another employee to be demoted because of their returning to a civil service position.The Employer shall authorize additional staffing positions in order to avoid such"bumping";however,the Employer may reduce the extra staffing positions later by attrition in order to return to the previous authorized number of positions. [See i -{f4h E pk)N-ei eh # a k3pt z s es nt,eentei,p es,Yff):F p�ivf e4k*lal shall pl1 ! 14 � O do lateandidi 'fl3 'E' t , the ;t r , pr leis } 1 f� ...:{11= eft-ff �- f=f� tr �3f : 1� el� �E € f cnlr `' c'7 _ ,the employee�� fan ed «. ai S Pa , f3 3EE'f; 4= f' 34 ?�j ?-E i£' f3 E'f 1 f3E tE�zt s"'Ila „l „-te,- 1..,,,;,, s n ann+; ,1 ope t„ tl� ,+,,,,+1, 1,r,t�+1 position shall 1 ,, eligible to at.t-�-:-1��--�1rfs.��_.�.,�f 3.��f��--�1--�� fl�l-e--� ��t��}��i;�-...4�1-��---�r•��ft�ic�-a-1--�f��-f-�--��-1- detef=f nined by an assessme. entef seleetion proeess eonsisting ". i. A -,.;++ 4t ��rcx1 tae � e..:€fjr1 fif �cf '{' � ei ...: �flf jf r 1cflf ..)i 1 let,O . 2 -A, A,.e fbal exereise shall be +i-niste -asscTsf f,,s:. This-srh� nsist o ?rt tfa ff3l z3r I i f i�£'f7 f'fl t'?ff'fE'3 sf; e.w4 a-f ole I}lift=-e,:?fereidie ff-44owed-4v ons ffo -th-e ti ti . al df exlffe S-ENV R f i i s - fl e>r plf yei-_tf)-e+ -ple e,4io-w-e, Ai is 3. The depaFtment loelated least fifty 41 l -ai"y--€�f t�rff=rlk�e�i �lf��t f�1�e-litnf # 4-F-c- t^r,1 7f n n LTT'TC'F�L'TI TI-T�iLZ3i..�)_7. east one (i) assessof shall saine rank as, the position lu-saflif �fi1 ew er- l ffl lie ��i il�g ah+ The Union.,1,,11 „ �ra�i< 4TT3'II'LTL'I'C oese one(A I assessof,the Chief shall ehoose one 0) assessof... .),in._• list 4...:f-1-(f-f ef-twi C,C,U UPOR Dy the Chief an-.'. the -, I Iff fflore than thFee (3) assessors afe ff tti f�fl: tl t -f ffftlined-rtl ove'. 4.-- The asses being "o the Difeeto 11R, has eempleted his f��i-lfiE�f�f�-assf�ssl�f:=�-�t-f�€��f�-�„-�Af�1-�lf�t°eif�l�e-�ffM;f�l�e�t�l�.�...fftl- r.•-z�.ssc?�sf�r-t�f�il-a#�rA� 15 a_ - 7 FYI"LTTY-I7LGT�"Ci Q r 1'1F I:IE' 4 -..' IE-E3tl f','E3E13 "43 ..:the 4ts"ess filei.tt- ifties indfa t-x-ei!e is E';sf'E3f3 dtR'-ed-13 y4 he'rts 4e iSETI'- 341fAy,—of FE'34°pi=em,4--nec1--s,tii-ei-E'- f er 4 1 e jai'ins;c:"s;t-'ca-i'Fc-c.ra-Lysc�FF adiFa_cgi,`}-i-rFtisF�;�tFrc irat'cA-cicc �ac=c[-rrisF'rrc-ricT,`c --- 'tEitlt —e �fEl�� }i3 -E� t rre�t°EeE3eEgtt ` f�ftil)1f) f'f',' s'"f:E3kfl 3f"f1"E'L iE'."E)1£' f`E 13'$" fif' b1 f'f E',13'" E"s -FIf E Z3.i�E's t IE'lt E.'f'fltf-F.- :r - E t'lf',ist f fsr; LF t (3 zk fl il3s 1f13 ttli3'43 4:`C3'�}$� ?f f 4}- s� be-zld44 4to-the ?�� Es - T'f_lCi� T .. Cn,.-Fifinntn Of po Die—ff-ee 'pt nracaz + 1 a (, ! rfif sroa to r,r 4,� a-1 r, - e". the c"1'�"1�'7lrrye irmy ie.ee-vc�"E"�a�Fc' "7IO ORIN tixai ca�eaFZ��r 0. rrl.,,4-,,+.l __motional sN'stem seefe that is use,--'.+.o establish the final eligib -shai- r,o )(Ants, hxeejr�3 fE?t: ter ;E'�4'f!�fE3f3-�?I'f3E'4'sfs ztft� �E't?f f � s�ti�E'fi�t 1 1 f +-t,; ft;,,l �f Pi a cFir��rrcicr ZTFIZII�C�J'I Cl ll=-ZI..S�'"S�7YIli'C-1FL—Z..LLiLA.l tJi lJl.L7� ilaYZ.LIF �C �.7CTi Cf C7�4—L�LZC: t�"ia�.S`+�Y�+, }13elttdiiig bu 4f �-lk'.-�-�llE'f�'£taf--1 4' f3i;-f f}3 ktl'"iI14 E`3E.'tff f',il f4 c'istE3f3i tk4Sls ill f',£'X43 z3hE-thE''-��i'f'f°E-car-iiF-iv'iii-��zc-�rFr�-crtz.zc4-=3c��r'r'rcir�cc�i�z 16 t�€ire 11�r ► a...( ) t l l�t�p �r �c: i nz� >n..alitessnie-nt-per--€ale ar-VEW- ] ARTICLE 12 WORKING OUT OF CLASSIFICATION Any employee who is ordered to temporarily fill a position in a higher classification shall be paid the base salary of such higher position; provided, the employee works a minimum of eight (8) consecutive hours in the higher classification. ARTICLE 13 HOURS OF DUTY AND WORK SCHEDULES Section 1. Other than as set forth in this Article,work schedules and hours of work for employees during the term of this Agreement shall be those in effect on the date that this agreement is signed by the parties hereto. The four (4) shifts (9:0o p.m. to 7:3o a.m., 6•0o a.m. 10 4:30 P.M., 11.00 P.M. to 9:30 p.m., 4:00 p.m. to 2::10 a.m. [ ti (thirty (30) minutes of which is a meal break) for employees assigned to uniform patrol activities. [and]As determined by the Chief,shifts for some or all employees assigned to the Criminal Investigation Division may consist of four (4) 10 hour shifts per week or five(5) 8 hour shifts per week from(8:0o a.m.to 5:00 p.m. (one(1)hour of which is a meal break) [s g -he m of this The Chief may alter the duty hours and work schedule if the Chief notifies the Union in writing at least forty-five(45)calendar days prior to the proposed change.Duty hours and work schedules may also be altered without the notice requirement by mutual agreement between the Employer and the Union. In the event of an emergency, duty hours and work schedules may be altered at the sole discretion of the Chief. Section 2. The Chief may set a temporary work schedule or change duty hours for sergeants assigned to the uniform patrol division,not to exceed two(2)hours prior to their regularly assigned shift, for such reasons related to shift and report preparation. Section 3. Employees assigned to the below listed specialized units may have flexible schedules and duty hours to accommodate the needs of the community or to accomplish specific tasks related to their assignment. However,employees will not be required to work split shifts.The Employer shall advise employees of this flexibility upon application to said units and employee agreement shall be a condition of acceptance into said units.Employees currently assigned to such units shall be given the opportunity to acknowledge acceptance. The designated specialized units include: Community Oriented Policing, Police- Community Relations, Housing Unit, Auto Theft Task Force, [`' '• ' Taeties and 17 Respo s' K-9 Unit, Street Crimes Unit, [Pf:)Iiee +,z-;+� T ., 'U if-'-zA I ; ] Traffic Unit [: r'otif'- --11111; and Narcotics and Vice Unit. If an employee is called out,the city agrees not to reduce his hours for the purposes of avoiding the payment of overtime. Section 4. Employees shall be paid overtime based upon a forty(40)hour workweek in a seven (7) day cycle. This includes officers assigned to work in specialized units. ARTICLE 14 SHIFT'EXCHANGE Section i. No employee will be forced to change shifts on a rotation basis. Section 2. Employees shall have the right to exchange shifts temporarily no more than six (6)times per calendar year when the exchange does not interfere with the operation of the Department, and with permission of their respective commanding officers. Section g. This article is not intended to curtail the right of staff officers to change the shifts of individual employees insofar as it involves matters of individual work performance. Section 4. Recognizing that zone assignments may require the assessment of a number of factors that may vary depending upon the particular zone involved,the Employer maintains the right to make all assignments in accordance with its determination of what is in the best interest of the Department. In making such assignments, consideration shall be given to preferences of employees based upon seniority. Should an employee feel that a misapplication of this provision has occurred, the employee may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee,the union shall forward the complaint to the Chief and the City Manager for their review and information. Section 5. Except in the case of an emergency, or unless operational circumstances require otherwise,job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the Division Commander who is responsible for selection. Notice of vacant positions will be in the form of a staff memorandum or email to all staff officers. Each staff officer will make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy. Employees who are interested in a vacant position should contact the appropriate Division Commander in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills,knowledge, abilities,training,previous experience and seniority shall be considered by the Employer. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision has occurred,he may file an informational complaint with the Union Grievance Committee for review. Should the committee concur with the employee,the union shall forward the complaint to the Chief and the City Manager for their review and information. 18 ARTICLE 15 CLOTHING Section i. All uniforms, five (5) uniform shirts and five (5) uniform pants, protective clothing or protective devices,hats,jackets,raincoats,and all leather and web gear except holsters and footwear now provided employees shall be furnished without cost to the employees by the Employer. Section 2. If the Employer orders employees to purchase leather and web gear different from what they are wearing as of the execution of this Agreement, the Employer shall reimburse the employee or supply the leather and web gear. Section 3. The Employer shall repair or replace all uniforms and reasonable personal equipment lost or damaged in the line of duty by employees. Section 4. Each plainclothes employee shall receive a clothing allowance of $67 per month. Section 5. Each employee shall receive a clothing maintenance allowance of$25.00 per month. Section 6. Each newly appointed employee may submit a reimbursement request in[t-he] an amount up to[of] $boo for the purchase of a new protective/ballistic vest.An employee may submit a reimbursement request in[the] an amount up to[ ] $60o for the purchase of a new protective/ballistic vest if his vest is over five (5) years old. The reimbursement request will be on a form(s) approved by the Chief.After the execution of this Agreement, officers who request reimbursement under this section for the purchase of a new protective/ballistic vest shall be required to wear the vest when on duty and in uniform, unless exempted by the chief.Additionally,in special circumstances that may involve officer safety,the Chief reserves the right to require any reimbursed officers,whether plain-clothed on duty or off duty in uniform, to wear their vest while performing police-related duties. ARTICLE 16 LEAVE Section i. Vacation. A. Full-time regular employees shall accumulate vacation in accordance with the following schedule: Completed Years Accumulated Hours Per of Consecutive Service Pay Period After 1 year 3.08 After 5 years 4.62 After 8 years 5 19 After 11 years 5.5 After 14 years 6 After 17 years 6.5 After 20 years 7 After 23 years 7.5 After 26 years 8 After 29 years 8.5 After 32 years 9 After 35 years 9.23 B. Employees with nine(9)years or more consecutive service who do not use more than forty (40) hours of sick leave in a calendar year will have eight (8) hours of vacation time added to their normally accrued vacation time. C. In computing the length of time during which an employee may be absent from work for vacation, only those calendar days during which the employee would be required to work if the employee were not on vacation shall be counted as vacation days. D. Any employee with more than one (1) year's service as a commissioned police officer with the Department who is separated from service by reason of resignation,death, retirement,or discharge shall be compensated in cash for all accumulated unused vacation hours at the regular rate of pay at the time of separation. E. Vacation leave begins to accrue upon employment, but may not be used by an employee until that employee has completed one (1) year of service with the Employer. Thereafter, upon proper approval, those accrued hours may be used. F. An employee shall be able to carry over a maximum of one hundred and sixty (160) hours of vacation hours into the next calendar year. G. Any employee who has not used more than forty(40)hours of accrued sick leave in the calendar year will be eligible to sell back unused vacation accrued in the previous year. After the employee has used at least 8o-hours of such vacation leave, the employee may sell back up to 8o-hours of such vacation leave,the employee may sell back 8o-hours of the remaining vacation accrued in the previous year for cash at their current rate of pay. Written notification of the employees' desire to sell vacation must be submitted to payroll on or before June [Kjamiaryj 15 of the following year and payment will be made in the first full pay period after October [F f-d 15. Payments made under this provision do not become part of the base wage,nor will such payments be used to calculate any other benefit unless required by law. Section 2. Sick Leave. A. Employees shall accrue ten (10) hours of sick leave for each month of service during the fiscal year. 20 B. Any employee incurring a non-duty sickness or disability shall be eligible to use their accrued sick leave with full pay. C. Each employee shall accumulate sick leave from their first day of employment and shall continue to do so as long as they are employed. D. The Employer shall provide injury leaves of absence with full pay for periods of time commensurate with the nature of injuries received while in line of duty for at least one (1) year. At the expiration of said one (1) year period, the City Council or governing body may extend such injury leave at full pay, reduced pay, or leave without pay.The Employer shall retain its subrogation rights under existing state law. E. In the event that an employee with two(2)or more years of service for any reason leaves the classified service, they shall receive, in a lump sum payment,the full amount of their salary for the period of accumulated sick leave,provided that such payment shall not be based upon more than seven hundred twenty(720) hours of accumulated sick leave. F. An employee who retires may elect to have the compensation associated with accrued vacation and sick leave applied towards payment of the employee's share of costs associated with the employee's retirement health insurance. G. After an employee has accrued the maximum of 72o-hours of sick leave that city would pay out upon termination of employment or retirement, the employee may participate in the sick leave buy-back program. If an employee does not use more than 40- hours of accrued sick leave in a calendar year,the employee will be eligible to sell back up to 40-hours of accrued sick leave from the 720-hour bank for cash at their current rate of pay. Once the employee opts to sell back sick leave,the 72o-hour bank is reduced by the number of hours sold back to the city each calendar year. Sick leave hours accrued after participation in the sick leave buy-back program will be placed in the employee's sick leave bank for hours that are not reimbursable upon termination of employment or retirement. The purpose of this sick leave buy-back section is two-fold:first,to reward employees who do not use more than 4o-hours of accrued sick leave per year; and second, to reduce the city's unfunded liability when an employee terminates employment or retires. Written notification of the employee's desire to sell accrued sick leave must be submitted to payroll on or before January 15 of the following year and payment will be made in the first full pay period after February 15. Payments made under this provision do not become part of the base wage, nor will such payments be used to calculate any other benefit unless required by law. H. The Chief of Police may not discipline an employee for the legitimate use of sick leave without just cause. 21 Section 3. Death in Family Leave. In the event of a death in the immediate family of an employee, the employee shall be granted up to forty(40)work hours off with pay. Immediate family is defined as the spouse and children of the employee, the mother, father, brother, sister, grandmother and grandfather of the employee or those of the employee's spouse, grandchildren of the employee, stepparents, and any domiciliary residing in the residence of the employee. Section 4. Leave Without Pay. With the permission of the Chief,each employee may be allowed a leave of absence without pay, up to eighteen (18) work weeks +.. tv '��' ..-,t,•'- ° • ] r Section 5. Personal Leave. Employees will earn eight (8) hours of personal leave for each calendar quarter of perfect attendance. In reference to personal leave only, use of any sick leave shall constitute non- attendance. The employee may use such leave for any purpose subject to the advance approval of the employee's commanding officer. The employee may not carry across contract or fiscal years more than thirty-two(32)hours.An employee may not accrue more than fifty-six (56) hours of personal leave at any given time. Section 6. Family and Medical Leave Act. The Family and Medical Leave Policy set out in the City of Beaumont Policies and Procedures Manual shall apply to employees in the Department. ARTICLE 17 HOLIDAYS Section 1. The following holidays shall be recognized and observed: New Year's Day Labor Day Good Friday Easter Sunday Thanksgiving Day Day after Thanksgiving Memorial Day Christmas Day Independence Day A"floating"holiday is hereby granted to every employee during the fiscal year; scheduling of time off must be approved by the Chief or the Chiefs designee. Holiday pay is defined as eight (8) hours pay at the employee's hourly rate of pay. 22 Section 2. Any employee who works on a holiday in a regular tour of duty shall be paid a premium rate of twice the employee's regular rate of pay in addition to holiday pay. Section 3. Any employee who is required to work on a holiday not within the employee's regular tour of duty shall be paid at the time and one-half rate for that day in addition to regular pay and in addition to holiday pay. Section 4. If any holiday specified in Article 17, Section 1, of the Agreement is on an employee's regular day off and said employee does not work on said holiday,the employee shall receive eight (8) hours off with pay or eight (8) hours pay in addition to his regular pay. If a holiday specified in Article 17 of the Agreement falls during an employee's vacation, said holiday shall not be charged to said employee's vacation time. Section 5. The Chief may designate which employees are essential and adjust work schedules during holidays to avoid requiring unneeded personnel having to work during a designated holiday. Section 6. The"call back pay"provisions of this Agreement shall not apply to this Article. Section 7. An officer shall not be eligible to receive holiday pay if the officer is on leave without pay or absent without leave. ARTICLE 18 WAGES Section i. Wages and Rates of Pay: The Employer will adopt the wage schedule attached as Appendix"A"based on consecutive years of service. In regard to consecutive years of service,the Employer agrees that benefits, wages,rates of pay or leave accrual currently received by an employee hired or rehired prior to the execution of this agreement shall not be reduced. Section 2. Certification Pay. In addition to the wage rates established by this Agreement, the Employer shall pay premium pay as follows for the following: 1. To the holder of an intermediate certificate issued by the Texas $50 per month Law Enforcement Commission on standards and education. 2. To the holder of an advance certificate (the holder of an advance $loo per month certificate shall not be entitled to the premium pay of$50.00 per month as the holder of an intermediate certificate). 3. To the holder of a master certificate (the holder of a master $150 per month certificate shall not be entitled to the premium pay of $1oo.00 per month as the holder of an advanced certificate). 23 4. Licensed breathalyzer operator in patrol (if the employee is $5o per month engaged as a breathalyzer operator. No more than 3o employees shall be entitled to premium pay as breathalyzer operators and no more than 5 employees, who are not already receiving breathalyzer operator premium pay, are entitled to premium pay as a Drug Recognition Experts(DRE) during the term of this Agreement) 5. Licensed polygraph examiner(if actively engaged during the term $50 per month of this Agreement as a polygraph operator). 6. Any employee qualifying as an expert latent fingerprint witness $40 per month and who is assigned to the identification bureau 7. Field Training Officers and the Field Training Officer(17170) 100 P$75, 1 per Sergeants assigned to each patrol shift month 8. Bilingual officer(must pass proficiency certification and re-certify at least every two [2] years) Spanish,Vietnamese, or Sign Language [$2,5 per- m *.] Maximum payment is $5o per month $50 per month .lo Maximum officers for Spanish [$25 _of month] l.,l 11 llldl Cii 5 Maximum officers for Vietnamese or Sign Language 9. SWAT Team Members $25 per month Educational Incentive. In lieu of receiving certification pay(1,2,or 3)in Section 2 above,an employee with a bachelor's degree may elect to receive an educational incentive Of 200 t-84001 per month or $250 f-8- o] per month for a post graduate [muter s] degree. Section 3. Supervisory Pay. In addition to the wage rate established by the current labor agreement, the Employer shall pay supervisory pay at a rate of$200 per month to sergeants who are assigned to supervise five (5) or more sworn personnel. Section 4. Supervisory Training Incentive. In addition to the wage rate established by the current labor agreement, the Employer shall pay a one-time bonus of$750 to any sergeant, lieutenant or captain who successfully completed the Law Enforcement Management Institute of Texas (LEMIT), Southern Police Institute (SPI) or FBI National Academy after October 1, 1997• Section 5. Police Specialist Incentive. Grade I officers with three(3)or more years of service with the Department shall be eligible to compete for advancement to Police Specialist. Police Specialist is not a rank or classification under Chapter 143 or this Agreement, but a non-supervisory position within the Grade I classification and rank 24 designed to recognize employees with superior skills,initiative,education,and knowledge of police work. a. The Employer shall follow Chapter 143 only in regard to posting a notice of the written examination and a list of any study materials needed to prepare for the examination. The written examination shall be designed to test the knowledge of Grade I officers in such areas as patrol skills, initiative, criminal laws and procedures, preparing reports and related documents, Department rules and regulations, city ordinances and other job-related areas. This written examination is not a "civil service" examination requiring a civil service certification. The written examination shall be based upon a maximum score of one hundred(loo)points.A passing score will be seventy percent(70%). in:stea'4-c44he--.stetizl iH tal N fl-teflt ex.e ipisYR--ffiid--EmJA0 Y ffift `-tliettial1 a�,ree to i ., n u c. Employees in Grade I who are selected to become Police Specialists will receive incentive pay of$200 per month. d. The Chief may select in his discretion any employee who is a Police Specialist to be assigned to or reassigned from the Criminal Investigation Division or Narcotics Division as a criminal investigator. Such assignments as a criminal investigator shall be on a voluntary basis only.Any officer who is designated as a Police Specialist from an eligibility list certified after the execution of this Agreement maybe assigned as a criminal investigator at the discretion of the Chief of Police The Chief shall make a reasonable effort to accommodate Police Specialists who are reassigned from a criminal investigator position back to a patrol position with obtaining the shift and days off they would be eligible for by seniority. Such employees shall not receive Grade II pay. If a vacancv occurs in the Criminal Investigation Division and no Police Specialist applies, the Chief of Police may Select any appl ijng Grade I officer for the position. e. The Chief may remove for just cause the Police Specialist designnation of any employee who is designated a Police Specialist. The employee may grieve the removal pursuant to Article 9 of this Agreement. f. Between October 1,2007[`2"I and September 30,2011[2007],the Employer shall maintain and fill at least thirty-five (35) Police Specialist positions. g. [If only n , . ,r examination As used Seniority[and edueati ] points will be added for each year of service as a Beaumont police officer up to 10 year to the written test score[in*ej zr-�s ' to determine a final eligibility score. [I#1}otl - rt ex�tnt}n�}tic�tel...a asstlsE �r aye-tc�cl tl� � g fil �� 25 iii--ikit-iele--i-j The eligibility list shall expire after 12 months from the date of the written examination, or when exhausted, whichever occurs first. ARTICLE i9 SHIFT DIFFERENTIAL Effective October 1, 2007, shift differential will be paid as follows: ist Watch $.45 per hour 2nd Watch $.00 per hour 3rd Watch $.25 per hour 4th Watch $..m per hour [Employees assigned to Fegulafly .. rt t l wfx a - .m. 733,o- . Shift differenGal shall net, be paid foF vaeations, siek leave an I b i nj a ry 1 e ave.4 ARTICLE 20 OVERTIME, CALL-BACK AND STAND-BY PAY Section jL. "Hourly rate of pay" shall be an employee's annual salary divided by 2080 hours. Section 2. Overtime Pay. A. All work performed by an employee in excess of forty (40) hours in any given week shall be deemed overtime and shall be compensated on the basis of time and one-half the employee's regular hourly rate of pay in salary or compensatory time as is now the practice. Excused absences with pay shall be deemed as days worked.All employees shall be allowed to accumulate and accrue up to 240-hours of compensatory time. B. No schedules, tours of duty or days off shall be changed in order specifically to avoid the payment of overtime. C. If an employee performs police duties on off-duty hours,the employee is entitled to overtime compensation for time actually spent. An employee shall be entitled to insurance coverage that the employee would have had if on duty at the time.In addition,the employee shall be entitled to any reasonable expenses incurred in performing such duty if approved by the Chief. Should the Chief deny the claim,the employee may grieve pursuant to the Grievance Procedure. This section shall not apply to any employee who receives remuneration of any type from any other employer for performing such duties.This section applies only to inadvertent disruptions of an employee's off-duty time. 26 Section 3. Call Back Pay. All employees who are called back to work from off-duty shall be paid at least two (2) hours minimum one and one-half times the basic rate of pay. All hours in excess of two(2)hours shall be paid at one and one-half times the basic rate of pay. Section 4. Stand-by Pay. When an employee is on officially designated stand-by duty and such designation is made at least forty-eight (48) hours prior the commencement of that duty, the employee shall receive one (1) hour of pay (at straight time) for eight (8) hours of duty or any fraction thereof. If the assignment is made within forty-eight (48) hours of the commencement of the duty, the employee shall receive two (2) hours of straight pay for eight(8)hours,or ten(io)hours,respectively,of duty or any fraction thereof. Section 5. Court Time. Any employee not on duty ..R.S.... or- oil-va^a'i p Of oil n day-4 fl who attends as a witness or in any other capacity in the performance of their duty in a criminal matter or in a civil matter in any case pending in the District Court,Juvenile Court or in a County Court,or before any Grand Jury proceedings or in conferences with the District Attorney or Assistant District Attorney,or at any pre-trial conference or any other related hearings, or any proceedings by any City, County, Town, State or Federal government or any of the subdivisions or agencies thereof,shall be entitled to two (2) hours minimum overtime compensation at the rate of time and one-half. On those occasions when employees ar h e scheduled to work between the hours of 3:00 p.m.to 7:3o a.m., and they are in Court for eight (8) hours the same day, they may, with the permission of their shift commander, notify the Department that they are waiving their court pay and not going to work their shift. Conversely,they may choose to accept the court pay and report for work.This provision shall not apply to those employees who attend court during their regularly scheduled work hours. Section 6. Evacuation/Disaster Policy. Unless it creates a lesser benefit the Employer shall apply the same policy for evacuation/disaster policy for non- sworn employees to sworn police officers. ARTICLE 21 LONGEVITY PAY In addition to all other monies paid for services rendered,the Employer agrees to pay each employee the sum of Four and No/loo Dollars ($4.00) per month longevity pay for each consecutive year of service in the department up to and including twenty-five(25)years of service. ARTICLE 22 INSURANCE Section i. The Employer shall provide basic life and accidental death and dismemberment insurance to all employees equal to the employee's annual base salary up to a maximum of $50,000 at no cost to employee. 27 Section 2. Liability Protection. The Employer shall not reduce during the term of this agreement liability protection as is presently afforded employees by the Employer. In the event that employees are not covered by liability protection when driving prisoners' vehicles, the Employer will not require employees to drive such vehicles. Section 3. Medical Plan. A. Employees shall be offered the same medical insurance plan choices as provided to civilian employees except in-network major medical benefits shall not be less than 80/20 and out-of-network major medical benefits shall not be less than 70/30. Contributions to the plan by employees with dependents shall be a monthly premium rate of :0� ...n#=fe :i °f�- rar�. .,.._2OO � ;3�3 to- lte3tveittary ; 200 ; and effc ti-vc $`ynuary i,, `L' o7] $i9o.00 effective January,20o8.Effective January 1, 2009, January, 2010 and January 1, 2011, the City may increase the monthly premium rate of officers by the same percentage increase of the monthly premium rate of non-sworn employees in a plan year, not to exceed twelve-and-one-half percent (12.5%) per plan year. For example, if the City increases the monthly premium rate of non-sworn employees by 5%effective January 1, 2009,the monthly premium rate for officers shall be increased by $9.50 to$199.50. At no time will an employee's monthly contribution to the plan exceed that of a civilian employee with the same number of dependents as the employee. Married couples who are both covered by the city insurance and who have no dependents will not be charged any dependent premium. Married couples with one or more dependents shall be charged only one time for the increase. The Employer shall give notice to the Union at least forty-five(45)calendar days in advance of any cost increase in dependent insurance premiums.The Union shall be entitled to examine all documents, records, statistics, and relevant data used by the Employer to determine a rate increase. B. Employees may utilize the prescription drug plan under the same terms and conditions as civilian employees. Section 4. Retiree Medical Insurance Program. A. During the term of this Agreement, Employer will provide medical coverage for employees and their dependents retiring or becoming disabled after April 1, 1984,subject to the provisions of Sections 4(B) through 4(H) hereof inclusive. B. Employer is authorized to receive from each retiree, as a condition of receiving retiree medical coverage,a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverages of the retiree insurance may change in the future. 28 C. Retired or disabled employees may participate in the program only if they are eligible for retirement or disability benefits under the Texas Municipal Retirement System (TMRS). Only those individuals who are considered eligible dependents of the disabled/retired employee at the time of retirement shall be eligible for continued medical coverage.The disabled/retired employees shall not add or change(except drop a dependent while covered under this medical plan. Any employee who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the Employer's group medical plan. However,the retired or disabled employee shall make application at least thirty-one (31) days prior to the spouse's termination date to the Employer to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provisions of this amendment. Upon retirement, the retiree will be required to complete and sign a"Delayed Participation in Retiree Medical Coverage" form. If a participant's contribution rate status as set out in 4(G)hereof changes,the new rate will be put into effect on the first day of the month following the month in which the contribution rate status change. D. Coverage provided shall be the same as that provided employees. However,if the Employer, the Union and retirees and disabled employees and their dependents agree, alternative medical insurance programs at different rates and at different levels of coverage may be provided. E. Retired or disabled employees and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. If a participant is not eligible for Medicare, the participant may continue coverage under this medical plan. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of dependent as listed in the summary plan document. F. A participant who would otherwise be required to leave the program herein established as provided by 4(E) above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. Employer will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance.The cost of any such supplemental insurance will be paid for by the participant. G. The participant's monthly contribution rate for medical insurance will be as follows: 29 "Single Rate--$150 "Single + 1 dependent--$200 "Family--$250 Those participants who retired between the dates of April 1, 1984 and January 31, 1992,shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. H. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1st annually. The single + 1 dependent rate will be established at 58% of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 4(E) hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Section 5. Dental Insurance. The Employer shall provide dental insurance coverage through the CLEAT Benefit Trust for each employee at a maximum monthly cost of$_15 f x-29]. If the employee elects to add dependents to the dental insurance, the Employer shall pay a maximum monthly cost of 61 ] for both the employee and eligible dependents. Each employee shall pay any additional cost. The Employer shall deduct the employee's cost from the employee's paycheck. Plan I I of the CLEAT Benefit Trust includes employee and family dental insurance coverage. In addition, the trust plan provides accidental death and dismemberment insurance coverage for the employee and the employee's family, and a blood insurance plan that covers the employee and the employee's family. The trust document and plan benefits will be provided to the Union and the Employer,and to any employee upon request. The Union shall indemnify, defend and hold harmless the Employer from any claim or cause of action brought by any employee or affected family member resulting from the operation of this Section. The Employer shall make payments to the CLEAT Benefit Trust on or before the first day of each month. Section 6. Retirement Health Savings Plan. Employees shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. 30 ARTICLE 23 GENERAL PROVISIONS Section i. Parking. The Employer shall provide, without cost to employees on duty, adequate parking space adjacent to Police Department facilities. Section 2. Bulletin Boards. The Employer agrees to furnish and install one (1) bulletin board on each of the three (3) floors to be affixed in the first floor hallway, uniform squad assembly room, and detective squad room at the police station to be used by the Union for the following notices: A. Union meetings; B. Union elections; C. Reports of Union committees; D. Rulings or policies of international association; E. Recreational and social affairs of Union. The Union agrees that there shall be no other general distribution,or posting,by the Union or its members upon City property,provided,however,the Chief may permit other material not provided for above at the Chiefs discretion to be posted or distributed. The Union agrees to maintain such bulletin boards in a neat and orderly manner.The Association shall be allowed to utilize Department email to disseminate bulletin board information under the same rules and regulations as adopted for bulletin boards. Section 3. Mileage Allowance. Employees required to use their private automobiles for duly authorized Department business shall be compensated at the current Employer rate. If an increase is given to other City employees during the term of this Agreement,the rate stated herein shall be increased accordingly. Section 4. Residency. Residency shall not be a condition of employment for employees;each employee must be a legal resident of the United States and reside within its boundaries. Section 5. Safety Program. In the best interest of the Department and to promote the safety of the employees, patrol cars shall be manned by two(2)officers during periods of high criminal activity and in high crime areas.Whenever one(1)officer units are in use,the Employer will use its best efforts to maintain sufficient staffing to provide for employees' safety. 31 ARTICLE 24 CIVIL SERVICE In the event that any provision of this Agreement conflicts or is inconsistent with any provision of Chapter 143 of the Local Government Code, this Agreement shall prevail notwithstanding any such provision of the Local Government Code. It is understood by the parties hereto that Section 143.013 of the Local Government Code relating to civil service rights of the Chief shall in no way be affected by the terms of this Agreement. ARTICLE 25 SELECTION The Union agrees that the Employer shall have the right to establish selection procedures for Grade I police officers.Modifications in existing selection procedures shall be brought to the attention of the Union ten(10)days prior to implementation.In establishing a selection procedure for Grade I, the Employer shall not be bound by or subject to the provisions of Chapter 143 of the Local Government Code. ARTICLE 26 COPIES OF AGREEMENT The Employer agrees to furnish a co [eopies] of this agreement to the Union President [44 e lie, it . ARTICLE 27 [28] STABILITY OF AGREEMENT No agreement,understanding,alteration or variation of the agreement,terms or provisions herein contained shall bind the parties unless made and executed in writing by the parties hereto. The failure of the Employer or the Union to insist in any one or more instance, upon performance of any of the terms or conditions of this Agreement,shall not be considered as a waiver or relinquishment of the right of the Employer or the Union to future performance of any such term or condition, and the obligations of the Employer and the Union to such future performance shall continue in full force and effect. ARTICLE 28 [29.1 POLICE OFFICERS' BILL OF RIGHTS In the event of a complaint filed with Internal Affairs concerning the conduct of an employee, this Bill of Rights shall serve as the basic guideline to offer protection to the employee. Every employee shall be required to cooperate in any investigation regarding complaints of employee misconduct arising from citizen complaints. 32 Section i. Procedures. A. The interrogation shall be conducted at a reasonable hour. B. The interrogation should take place at the Department when possible. C. The employee under interrogation shall be informed of the names of the persons present during interrogation. D. All questions directed to the employee under interrogation shall be asked in an orderly fashion. E. Interrogation sessions shall be for reasonable periods and shall be timed to allow for such necessities and rest periods as reasonably necessary. F. If the employee under interrogation is under arrest,or is likely to be placed under arrest as a result of the interrogation, he shall be informed of his rights prior to the commencement of the interrogation. G. The Chief or the Chief s designee may employ as an investigative aid a polygraph examination from licensed polygraph examiners who are not employed by the Employer nor any public employer.This Agreement shall not preclude the use of polygraph examination results as evidence in a disciplinary proceeding. The Department shall [May-el eet to] require the complaining citizen to first submit to a polygraph examination before requiring the employee to submit to a polygraph examination. Nothing herein prohibits the Chief from ordering an employee to submit to a polygraph examination where there is no complaining citizen. J-Shot:tk he-ems Mt:tse- i t 1 i-I- P% "C"I - $ iI $- fE,.�_� try t� r �i-i-. t�sn r rate-. t�ria arr r�rrrr-� i-re +njzrt n —e Department iLT1�G TY'C—C�-Ci.L4 TYCI�i., l—CFT�7II+..,-VL-CIC i=-C�LC7 LLFd'lC LL Ixlygralk -otittatim-- lull- x�-see-�ttl =ism.] This Agreement shall not preclude the admission of such information as evidence in a disciplinary proceeding. H. The Chief or the Chief s designee shall use the polygraph examination in a fair and reasonable manner. I. The refusal of the employee to answer all questions fully and truthfully and to submit reports shall be grounds for disciplinary action. J. An employee may have a Union representative with them as an observer only so long as the representative does not delay or impede the investigation.The observer may not relay any information obtained as a representative to any third person except to a lawyer retained by the employee to represent them in the grievance. Section 2. Disclosure. No employee shall be required or requested to disclose any item of property,income,assets, source of income, debts, or personal or domestic expenditures (including those of any 33 member of his family or household)unless required by law.Nothing in this section shall be construed to prohibit the Chief or the Chiefs designee from requiring that employees submit requests for approval of off-duty employment. Section 3. Rules and Regulations. If the investigation or interrogation of the employee results in any disciplinary action,the Employer shall follow the Department's Rules and Regulations.Effective upon execution of this Agreement and subject to the Records Retention Act,only sustained formal complaints filed after the execution of this Agreement shall be retained by the Employer in the employee's personnel file and Internal Affairs file. ARTICLE=1 ["I IMPASSE PROCEDURE Section i. In the event that an impasse, as defined in Chapter 174, Local Government Code (herein referred to as the "Act"), is reached in the collective bargaining process after submission of the unresolved issues to mediation under Section 174.151 of the Act, either party to the dispute,after written notice to the other party containing specifications of the issues in dispute, may request appointment of a fact finder as provided herein; provided, however, a party shall not request a fact finding more than once during any fiscal year. Prior to invoking fact finding,the parties shall make every reasonable effort to settle their differences.The request for fact-finding shall be initiated within seven(7)calendar[five {�)] days following the expiration of the sixty (6o) calendar day pre-impasse period or within seven(7)calendar[ cA$51]days of any agreed extension thereof.The members of the fact-finding panel shall be appointed in the manner provided in Section 174.154 of the Act for an arbitration panel. Section 2. The parties shall enter into a written agreement specifying the issues to be submitted to fact finding. Each party may submit an unlimited number of issues to the fact finding panel;provided,however,that all economic issues(i.e.,those issues involving cost or expense to the Employer)shall be combined into a"total economic package"and shall be submitted as a single issue. Non-economic issues may be submitted separately.Each party shall submit in writing to the fact finders its position on each issue at or prior to the hearing. Section 3. The fact finding panel shall,acting through its chairperson,call a hearing to be held within a reasonable time after appointment of the chair, and shall give the parties at least fifteen(15) calendar days notice in writing of the time and place of such hearing. The hearing shall be informal.After hearing all evidence offered by the parties,the panel shall render a written decision making findings of fact and recommendations as to all matters in dispute. In its written decision, the panel shall state its reasons for its finding of fact and recommendations. In making such findings and recommendations, the panel shall select the final position of one of the parties on each issue presented and shall not attempt to "split the difference." 34 Section 4. In making its findings of fact and recommendations,the panel shall consider only the following: 1. The total compensation, including wages and benefits, and conditions of employment provided by the Employer to members of the bargaining unit. 2. The total compensation and terms and conditions of employment of police officers employed by Texas cities with populations between go,00o and 250,00o according to the 200o Federal decennial census. 3. The rate of increase or decrease in the cost of living for the Houston area determined by the Consumer Price Index for the period beginning with the effective date of the current contract and ending with the most recent published report at the time of the commencement of the hearing. 4. The revenues available to the Employer and the demands upon such revenues. 5. Any current Federal policies or guidelines concerning wages and other compensation. 6. Labor agreements from the Texas cities defined by"2" above. Section 5. The fee and expenses,including stenographic charges,of the neutral fact finder shall be split equally between the Employer and the Union. All other expenses, including copies of transcripts, witness fees, and fees and expenses of the member of the panel appointed by each party, shall be paid by the parry incurring the expense. Section 6. The findings and recommendations of the fact finder shall not be made public for fifteen (15) calendar days, unless extended by mutual agreement in writing. Once the findings and recommendations are released to the public, the parties shall have seven (7) calendar days to either accept or reject the findings and recommendations. Section 7. In the event that either parry rejects one or more recommendations of the fact finding panel,the rejected party may request submission of each rejected recommendation to a referendum; provided, however, that neither party may request submission to referendum of more than three (3) non-economic issues. If either party requests a referendum hereunder,it shall be the duty of the City Council to call such referendum at the earliest date permitted by law.The cost to the Employer of conducting the referendum shall be borne on a pro rata basis based on issues by the party or parties requesting that the issues be submitted to referendum. The City Clerk's determination of the cost of the election shall be conclusive. Each issue shall be submitted separately on the ballot and the voters shall cast their ballots "for" or "against"the position of the party rejecting the fact-finding panel's recommendation. The results of the referendum shall be binding on the parties. The conduct of the election shall be handled in an efficient manner. 35 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) k36 ED COMMENCING PED POINT N ROD FOUND 1/2- FOUND 1/2' (CALLED S 87'06'25" W) IRON ROD IRON ROD 20,00 S 87'06'11" W 1682.19 Of 1685.83 r' POINT OF 162.71 co �cj BEGINNING WILLOW CREEK ONE O oM� w I SECTION 3 Y �I Q Z U O VOL 14, PG. 195, M.R.J.C. Q a N Z W Q lw REMAINDER OF ° IZ awIt �� J. H. PHELAN �0 O Q a VOL- 396, PG. 321, D.R.J.C. 0 I W O lb (CALLED 157.852 ACRES) $ C A—LE N O I M o �N O mss?s dw NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A E,y s' CALLED 42.227 ACRE TRACT(UPON RESURVEY Nl W !j. FOUND TO CONTAIN 41-64 ACRES) CONVEYED TO W Ur EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, (� Q INC. AS RECORDED IN FILM CODE 105-02-2252, REAL PROPERTY RECORDS OF JEFFERSON COUNTY,HAVIN a EXAS FEETG BEEN CALLED NORTH 87'26'15' EAST W �, sa CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. - DESCRIPTION OF SERVICES q9iREQUESTED; m 2—ODRAINAG= EASEMENT CERTIFICATION: 7'rBy gO DiS. I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY do DESCRIPTION MADE ON x ac'POC,T THE GROUND UNDER MY SUPERVISION, DURING hQyEM R V()(1F W DSO 4.O THE ABOVE TRACT BEING LOCATED AT MAJOR DRIVE (AKA F.M. 364), BEAUMONT, TEXAS 77707 Qq E AND BEING DESCRIBED AS A 0.0248 ACRE TRACT OUT OF THE CHARLES WILLIAMS PAGE Y ABSTRACT 9 FF 5 AS RECORDED IN VOLUME — — OF THE DEED RECORDS OF SURVEY J R DN COUNTY, TEXAS. 8 REVISION DATE WALTER J. KSIA EK �:•QtiG�*RF/Sy° *4 REGISTERED PROFESSI AL LAND SU YOR NO 5321 WALTER J. K31AZEk DATE: 12-21-06 FIELD _ w BO 06-01 • 5921 „. K.NO..- '�� a •� $5� �• ESMT 1 Cons and i4!ndSury NC `�� 3liRVy�Q. :; JOB NO.. p—57 - 1405-CORNERSTONE COURT - BEA646NT.'TFXAS: Fittz & Shipman INC Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION FORA 0.0497 ACRE TRACT FOR A 20' DRAINAGE EASEMENT ACROSS LOTS 28 AND 29,BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 JEFFERSON COUNTY, TEXAS DECEMBER 21,2006 That certain 0.0497 acre tract, for a 20' drainage easement across Lots 28 and 29, Block 4 of Willow Creek One, Section 3, a plat recorded in Volume 14, Page 195 of the Map Records of Jefferson County, Texas, said 0.0497 acres being more particularly described by metes and bounds as follows: NOTE-: The Basis of Bearing is the north line of a called 42.227 acre tract (upon resurvey found to contain 41.64 acres) conveyed to Emmanuel Baptist Church of Jesus Christ, Inc. as recorded in Film Code 105-02-2252 of the Real Property Records of Jefferson County, Texas having been called North 87 026'15" East 1558.09 feet. COMMENCING at a %2" iron rod found in the south line of the said 41.64 acre tract for the northeast corner of said Lot 29 from which a %2" iron rod found for the southeast comer of the said 41.64 acre tract bears North 87°06'11" East 162.71 feet (called North 87 006'25" East); THENCE South 87°06'11"West along the said south line of the 41.64 acre tract and the north line of said Lot 29 a distance of 147.25 feet (called South 87 006'25" West) to a point for the northeast corner of the said 0.0497 acre tract and the POINT OF BEGINNING; THENCE South 03 004'34" East along the east line of the said 0.0497 acre tract a distance of 106.16 feet to a point in the north right-of-way line of Bonney Briar Place and the south line of said Lot 29 for the southeast comer of the said 0.0497 acre tract; THENCE along the said north right-of-way line of Bonney Briar Place and a portion of the south line of said Lots 29 and 28 with a curve to the left having a chord bearing of South 69°59'00" West, a chord distance of 20.91 feet and a radius of 40.00 feet, a distance along the curve of 21.15 feet to a point in the said south line of Lot 28 for the southwest corner of the said 0.0497 acre tract; THENCE North 03 004'34" West along the west line of the said 0.0497 acre tract a distance of 112.32 feet to a point in the north line of said Lot 28 and the south line of the said 41.64 acre tract for the northwest corner of the said 0.0497 acre tract from which a found 1 1W iron pipe bears South 87°06'11" West 702.83 feet (called South 87°06'25"West); Fittz&Shipman, Inc. Page 1 of 2 Project No. 05715Esmt2 Plat&Description 1405 Cornerstone Court,• Beaumont, Texas 77706 . (409) 832-7238 • fax (409) 832-7303 EXHIBIT "B" PAGE 1 of 3 THENCE North 87°06'11" East along the south line of the said 41.64 acre tract and a portion of the north line of said Lot 28, at 10.00 feet pass the northeast corner of said Lot 28 and the northwest comer of said Lot 29, and continuing along a portion of the north line of said Lot 29 a total distance of 20.00 feet (called North 87 006'25" East) to the POINT OF BEGINNING and containing 0.0497 acres of land, more or less. This Field Note Description is based on a survey performed by Fittz& Shipman, Inc. during November 2006. Walter J. Ksiazek > OF tF� Registered Profession Land Sury or No. 5321 '{o; FGIs NALTER J. KSIAZEK �Yo9O 5321 ��• ��•. pa OQ N SURVEY Fittz&Shipman,Inc. Page 2 of 2 Project No.05715Esmt2 Plat&Description EXHIBIT "B" PAGE 2 of 3 EMMANUEL BAPTIST CHURCH OF JESUS CHRIST, INC. FILM CODE 105-02-2252, R.P.R.J.C. (CALLED 42.227 ACRES) FOUND 1 1/4' IRON PIPE (CALLED S 87'06'25' W-DEED) S 87'06'11" W 1032.79 702.83 20 00 147.25 162.71 I I POINT OF (CALLED S 69'40'05' W-PLAT) COMMENCING 1 I BEGINNING POINT FOUND 1/2' - FOUND 1/2" IRON ROD ————-4— — -————————————————————— IRON ROD 10.00 10.00 I 20'UTILITY EASEMENT NI I`° WILLOW CREEK ONE C4 0 I to I ^I Iil a I SECTION 3 31 Q Z (W VOL. 14, PG. 195, M.R.J.C. nla:2 I N B L O C K 4 NOTE: BASIS OF BEARINGS IS THE NORTH LINE OF A pI I C) I CALLED 42.227 ACRE TRACT(UPON RESURVEY Q V) 0 15 O FOUND TO CONTAIN 41.64 ACRES)CONVEYED TO LOT 28 pl�W 10 I INC.EMMANUEL RECORDED INHFILMHCODEJ105S 02H 2252, Z I I V1 LOT 29 s C A L E REAL PROPERTY RECORDS OF JEFFERSON COUNTY, 44..1 TEXAS HAVING BEEN CALLED NORTH 87'26'15"EAST u O E%1`,iTING 29' X 10' I I 1558.09 FEET. F M /-1 UTILITY EASEMENT (—a' W 5'EACH SIDE \ CLIENT: EMMANUEL BAPTIST CHURCH OF JESUS CHRIST INC. d LOT 30 w 04 I J fpq OtiC� DESCRIPTION OF SERVICES REQUESTED:20' DRAINADRAINAGEASEMENT <ti egSFMip f � SURVEYOR'S CERTIFICATION: 1 DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE ON —� THE GROUND SUPERVISION, DURING NOVEMBER 2006. THE ABOVE TRACT ACT B BEININ G LOCATED AT BONNEY BRIAR PLACE BEAUMONT, TEXAS 77707 AND BEING DESCRIBED AS A 0.0497 ACRE TRACT OUT OF LOTS 28 & 29, BLOCK 4 OF WILLOW CREEK ONE, SECTION 3 BRIAR B \\ \1 AS RECORDED IN VOLUME - PAGE - OF THE DEED RECORDS OF JEFFERSON COUNTY, TEXAS. , ' PLACE I 1 REVISION DATE NUMBER DELTA RADIUS ARC CHORD CHORD BEARING C7 30'17'57" 140.00 121.15 120.91 IS 69'59'00" W WALTER J. KSIAZEK *�•��GGI*Rl`��' • r CALLED 140.00 REGISTERED PROFESSI L LAND S VEYOR NO. 5321 DATE: 12-21-06 WALTER J.KSIAZEK FIELD F9ttz&S up an BOOK NO.: 06-08 Consu! g INC. •,FESS�Q • ESM T 2 dn8 ng' rs and Land Surveyors •••••• Q JOB NO :05715 1405 CORNERSTONE COURT BEAUMONT, TEXAS $�pVS" :409 a32�7238 .. ._.. . -.�... -`FAX. 4pg 832:_7303.• _.. , City ouncil Agenda y g da Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two (2) ten (10) foot wide exclusive Water Line Easements out of the J. W. Bullock Survey located at Interstate 10 and Cardinal Drive. RECOMMENDATION Administration recommends acceptance of the above named easements. BACKGROUND Value Place Beaumont,L.L.C.has agreed to convey two(2)ten(10)foot wide exclusive Water Line Easements to the City of Beaumont. The easements will provide service for the Value Place Hotel located at 2375 IH 10 South. 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] BUDGETARY IMPACT None. en a1u 1 gv e�ace-ib.wpd 17 September 2007 RESOLUTION NO. WHEREAS, Value Place Beaumont, L.L.C., has offered to convey two (2) ten foot (10') wide water line easements as shown below and described in Exhibit "A" and shown on Exhibit "B" attached hereto, to serve Value Place Hotel located at 2375 IH-10 South: 1. 10 foot exclusive Water Line Easement 0.159 acre out of Lots 3A and 6A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] 2. 10 foot exclusive Water Line Easement 0.005 acre out of Lot 3A, J. W. Bullock Survey [Interstate 10 and Cardinal Drive Interchange] and; WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyances is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easements conveyed by Value Place Beaumont, L.L.C., as shown above and described in Exhibit"A"and shown on Exhibit"B"be and the same are hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - i WARTECH "Recognizing the landmarks of the past.....setting our foresight towards the future" LAND SURVEYORS, INC. Richard L.Worthev,RPLS J.L.Sims,Jr.,RPLS Michael S.Kethan,RPLS EXHIBIT "A" Page 1 of 4 August 15, 2007 Surveyor's Field Note Description: 0.159 Acre Exclusive City Watermain Easement and a 0.005 Acre Exclusive City Watermain Easement BEING a 0.159 acre (6932 square feet) tract of land (Exclusive City Watermain Easement No. 1) and a 0.005 acre (Exclusive City Watermain Easement No. 2), being out of and a part of Lot 3A and Lot 6A as conveyed to Value Place Beaumont LLC by a Special Warranty Deed dated July April 26, 2007 and filed for record under Clerk's File No. 2007016367 of the Official Public Records of Jefferson County, said Lots 3A and 6A being more fully described and shown in Amended Plat of Lots 3, 4, 5, and 6, Block 2 of Executive Business Plaza dated July October 20, 2006 and filed for record under Clerk's File No. 2006041569 of said Official Public Records of Jefferson County and being situated in the J.W. Bullock Survey, Abstract No. 7, Jefferson County, Texas and being more particularly described as follows: Exclusive City Watermain Easement No 1 —0 159 Acre Tract COMMENCING at a 1/2" iron rod with cap found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the southwest corner of said Lot 3A and the northwest corner of called Lot 4A as conveyed to Mickey Phelan B Land L.P. and Eleven Phelan B L.L.C. by a Special Warranty Deed dated December 31, 2000 and filed for record under Clerk's File No. 2001000212 of said Official Public Records of Jefferson County, same being shown as Account No. 019650-000-000500-00000-0 of the Jefferson County Appraisal District; THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.04 feet along the south line of said Lot 3A and the north line of said Lot 4A, to a point beginning a curve to the right, from which a 1/2" iron rod found for the southeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 518.78 feet; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 29 min. 26 sec., an arc length of 14.73 feet, and a chord bearing North 04 deg. 28 min. 45 sec. East 14.73 feet, to a point for the southwest corner and PLACE OF BEGINNING of the herein described tract, THENCE, continuing along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 20 min. 03 sec., an arc length of 10.03 feet, and a chord bearing North 04 deg. 53 min. 30 sec. East 10.03 feet, to a point for the most westerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min .50 sec. East a distance of 408.74 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 7.00 feet to a point for corner; 7999 Gladys Avenue, Suite 102 Beaumont, Texas 77706-3109 N:\Survey_data\PROJECTS\Projects2007\2 Tel: 409.866.9769 Fax: 409.866.7075 EXHIBIT "A" www.wortech.com, I JL W�RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 2 of 4 THENCE South 89 deg. 34min. 50 sec. East a distance of 10.00 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 7.00 feet to a point for corner; THENCE South 89 deg. 34 min. 50 sec. East a distance of 22.16 feet to a point for corner; THENCE North 00 deg. 25 min. 10 sec. East a distance of 161.83 feet to a point for the most northerly northwest corner of the herein described tract; THENCE South 89 deg. 34 min. 50 sec. East a distance of 10.00 feet to a point for the most easterly northeast corner of the herein described tract; THENCE South 00 deg. 25 min. 10 sec. West a distance of 161.83 feet to a point for comer; THENCE South 89 deg. 34 min. 50 sec. East a distance of 66.06 feet to a point for the most easterly northeast corner of the herein described tract, same being located in the east line of said Lot 6A and said Value Place Beaumont LLP tract, and the west right-of-way of Executive Boulevard (60 feet wide public right-of-way); THENCE South 00 deg. 25 min. 29 sec. West a distance of 10.00 feet, along and with the east line of said Lot 6A and said Value Place Beaumont LLP tract, same being the west right-of-way of said Executive Boulevard, to a point for the southeast corner of the herein described tract; THENCE North 89 deg. 34 min. 50 sec. West a distance of 287.54 feet to a point for corner; THENCE South 00 deg. 25 min. 10 sec. West a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 34.94 feet to a point for corner; THENCE North 00 deg. 25min. 10 sec. East a distance of 2.00 feet to a point for corner; THENCE North 89 deg. 34 min. 50 sec. West a distance of 195.26 feet to the PLACE OF BEGINNING, containing 0.159 acre of land (6932 square feet), more or less. Exclusive Citv Watermain Easement No 2—0.005 Acre Tract COMMENCING at a 1" iron pipe found in the east right-of-way of Interstate Highway 10 and Cardinal Drive Interchange for the northwest corner of said Lot 3A and the southwest corner of called 6.00317 acre tract as conveyed to Beaumont Hotel Partnership, LTD. by a General Warranty Deed dated September 27, 1983 and filed for record under Film Code No. 100-33- 0640 of said Official Public Records of Jefferson County; N:\Survey_data\PROJECTS\P rojects2007\2007-105\2007-105 LEGAL.doc W ,,RT E C H LAND SURVEYORS, INC. EXHIBIT "A" Page 3 of 4 THENCE, South 89 deg. 34 min. 50 sec. East, a distance of 20.33 feet along the north line of said Lot 3A, same being the south line of said 6.00317 acre tract, to a point for corner beginning a curve to the left, from which a 5/8" iron rod found for the northeast corner of said Lot 6A bears South 89 deg. 34 min. 50 sec. East a distance of 494.82 feet; THENCE, in a southwesterly direction along the arc of said curve to the left, having a radius of 1720.32 feet, a central angle of 00 deg. 17 min. 57 sec., an arc length of 8.98 feet, and a chord bearing South 10 deg. 34 min. 58 sec. West 8.98 feet, to a point for the northwest corner and PLACE OF BEGINNING of the herein described tract; THENCE South 79 deg. 53 min. 20 sec. East a distance of 21.54 feet to a point for the northeast corner of the herein described tract; THENCE South 10 deg. 06 min. 40 sec. West a distance of 10.00 feet to a point for the southeast corner of the herein described tract; THENCE North 79 deg. 53 min. 20 sec. West a distance of 21.57 feet to a point for the southwest corner of the herein described tract and beginning a curve to the right; THENCE, in a northeasterly direction along the arc of said curve to the right, having a radius of 1720.32 feet, a central angle of 00 deg. 19 min. 59 sec., an arc length of 10.00 feet, and a chord bearing North 10 deg. 16 min. 00 sec. East 10.00 feet, to the PLACE OF BEGINNING, containing 0.005 acre of land (216 square feet), more or less. (This description is based upon a survey made on the ground under my direct supervision on August 8, 2007 and is being submitted along with a survey plat showing the property and facts found as described herein. All bearings are based upon the South line of said Value Place Bea mont LLC tract, as being called North 89 deg. 34 min. 50 sec. West.) r Michael Kethan P.�E.OF,•TF� Registered Professional Land Surveyor srFq•.,9�, pr Fa .MICHAEL KETHAN ...�w..r....o...............so �q�ESS��?Q N:\Survey_data\PROJECTS\Projects2007\2007-105\2007-105 LEGAL.doc EXHIBrT MP EXEdUTIVE BOU VARD PACE 44 OA 4 a NOT VICINITY TO SCALE s w o (60' PUBLIC R.O,V CALL S00'25'29"W 193.52' W FND S00'25'29"W 193.52' F11.. RiOD °CORPORAT f FND s/e' F'rFp I. ROD c ° �GIiL�, EXECUTIVE -� _ Sp S P` O� L8 L7 L6 LID L4 z � a 0 o L2 =W LOT 6A 0' 30' 60' 120' W �" Q Z J.W. BULLOCK SURVEY a SCALE: 1"=60' a$ wo� ABSTRACT N0. 7 ° LINE TABLE oo;w- _ W LINE BEARING DISTANCE `z u W�'` LI S89'34'50'E 408.74' ��LV VALUE PLACE BEAUMONT LLC ��?° L2 N00'25'10"E 7.00' CALLED LOT 3A AND 6A o-1 W L3 589'34'50"E 10.00' AMENDED PLAT OF EXECUTIVE BUSINESS PLAZA ;o o g m n v m Z o La S00'25'10-W 7.00' N SPECIAL WARRANTY DEED if1�j APRIL 26, 2007 - o m; .8 L5 589'34'50"E 22.16' C.F. NO. 2007016367 ,,o W n 8-1 L5 N0O'25'10'E 161.83' O.P.R..C. m 06,°„ a w a L7 589'34 50 E 10.00' -N ^ r1 rt ;m p p LB 500'25 10 161.83' w w °� 6 `��'i a z W Z L9 S89'34 50 E 66.06 to rn '� 3 ,}„ o LL L10 500'25 29' 10.00' v a ? DoT LINE cv 3 " v W w Lt t N89'3a 50 w 267.54 �C w S'� L12 S00'25 10_ 2.00' N co a s °' L13 N89'34'50 W 34.94 In N M:�i - L14 NOO'25 10-E 2.00 °i°' LIS N89'34'50-W 195.26' <O AMENDED PLAT Of Z ° v LOTS 3, 4, 5 AND 6, BLOCK 2 n z Z m S:? LI6 579'53'20 E 21.54' EXECUTIVE BUSINESS PLAZA p�W �$ L17 510'06'40"W 10.00' OCTOBER 20, 2006 .a .a U 3 o L18 N79-53.20-W 21.57' C.F. NO. 2006041569 O.P.R.J.C. o aa$ ABBREVIATIONS n 0.159 ACRE „`1y o: 10 f FND FOUND m I. IRON uNi W 6932 SQ. F7'. g 50.FT. SQUARE FEET Nx a Li Z j a �O.P.R .J .C. OFFICIAL PUBLIC RECORDS LOT 3A U p1 OF JEFFERSON COUNTY m^ N C.F.° No. NUMBER ° M z POC PLACE OF COMMENCING w EXCLUSIVE CITY x WATERMAIN EASEMENT NO. 1 u POO PLACE OF BEGINNING W Q BEARINGS SHOWN HEREON ARE BASED VALUE PUCE BEAUMONT AND/OR ROTATED TO THE SOUTH LINE OF 2375 IHIO SOUTH .4 THE VALUE PLACE BEAUMONT LLC TRACT BEAUMONT, TEXAS 77705 't CALLED N89'34'50'W IN CLERK'S FILE NO. J F- RECORDS OFFICIAL PUBLIC OF JJEFFERSONCOUNTY. ORDS EXCLUSIVE CITY _j THIS SURVEY WAS PREPARED WITHOUT THE WATERMAIN EASEMENT NO. 2 BENEFIT OF A CURRENT COMMITMENT FOR TITLE INSURANCE OR ABSTRACTOR'S LI7 0.005 ACRE POB - WATERMAIN CERTIFICATE AND THEREFORE EASEMENTS EASEMENT NO. 1 OR ENCUMBRANCES MAY EXIST WHICH ARE --- 216 SQ. FT. Zj;= NOT SHOWN HEREON. 2 _ c1 __POC - WATERMAIN 4.4 12 IIIA FND 1' _ -- _-_ - _ I. PIPE POC C5 20.04' --EASEMENT N0. 1 NATERMAIN CfARDINAL D ��;W ROD'/ oop CURVE TABLE z1f 10 � ANID W- W ti 1 =m° CURVE DELTA ANGLE RADIUS CHORD BEARING CHORD LENGTH ARC LENGTH gAIVCE C1 00'29'26 1720.32' N04'28'a5 E 14.73' 14.73' C2 0020'03 1720.32 N0.53'30 E 10.03' 1 0.03' C3 00'17'57 1720.32 S10'34 58 8.98' 8.98' C4 00'19'59" 1720.32' N10'16 00"E 10.00' 10.00' FND C5 06'25 20 1740.32 N 0724'05" E 194.97 195.07' CALL CS 1740.32' 195.07' JOB NO: 2007-105 SURVEYOR'S CERTIFICATION FIELD BOOK: 650/10 OF DR.BY: MWG ,`��ST�r, ' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS DATE: 8/15/07 �jf O q t� SURVEY PLAT ACCURATELY REPRESENTS AN ON THE F GROUND SURVEY MADE UNDER MY DIRECT SUPERVISION ON SCALE: 1"=60' j\ AUGUST 8, 2007, AND IS BEING SUBMITTED ALONG WITH THE SURVEYOR'S FIELD NOTE DESCRIPTION OF THE "MICHAEL KETHAN PROPERTY SHOWN HEREON, WHICH LIES IN JEFFERSON WRTE C H 9 � COUNTY. XAS. LAND SURVEYORS, INC. pR886% Beaumont,Texas exas 77 06-3109 �SURV� � Tel: 409.866.9769 lzpt4''�1/t Fax:409.866.7075 SU V YUR '- www.wortech.com Exhibit "B" E ,"O%- ' City Council Agenda Item 6.. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 18, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to execute a wastewater service agreement with West Jefferson Municipal Utility District. RECOMMENDATION Administration recommends approval of executing a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside City limits at the corner of Hwy. 124 and Frint Drive. BACKGROUND The Texas Commission on Environmental Quality; Chapter 290, Sub-Chapter D, Rules and Regulations for Public Water Systems, require municipalities to execute service agreements with wholesalers as well as non-transient,non communities,which are not a community water system but regularly serve at least twenty-five(25)of the same persons at least six months out of the year. Once service agreements are executed with such entities,they will be required by State law to monitor and report the water quality inside of their property on a monthly basis. This procedure will prevent any possible contamination of the City of Beaumont water system and protect public health. The Water Utilities Department provides water and/or sanitary sewer service to sixteen(16)industrial customers and 4,800 commercial customers. The wastewater service agreement with West Jefferson Municipal Utility District will provide sanitary sewer service to an RV park located outside Beaumont's City limits. Phase I of the project will provide service to twenty-six(26) spots and Phase II will accommodate fifty(50) additional spots. The estimated total daily flow of 15,000 gallons will have minimal impact on the forty-seven(47) million gallons a day treatment capacity of the Wastewater Treatment Plant. The agreement is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Sewer line extensions and required lift station construction is funded by the owner of the RV park. The City of Beaumont will not participate with any of the construction cost, and will not be responsible for the maintenance of the new infrastructure. SAMPLE WASTEWATER SERVICE AGREEMENT City of Beaumont SERVICE AGREEMENT CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § CONTRACT BETWEEN City of Beaumont ■ West Jefferson County MUD WHEREAS,West Jefferson County MUD,doing business in the State of Texas(herein"Owner"), and the City of Beaumont, a municipal corporation of the State of Texas (herein "City") entered into a Contract on ,2007, for the City to provide provisions of sanitary sewer services to Owner. WHEREAS,the City and Owner desire to adopt a Service Agreement Contract for the provision of sanitary sewer services to Owner and agree as follows: WITNESSETH I Owner agrees to maintain, free of charge to the City, the sewer lines within its property. II The City shall have the right to enter on the Owner's property or premises with 24 hour prior notice,unless under an emergency situation,for any purposes reasonably incidental to or necessitated by the terms and provisions of this Contract. The City will abide by all Owner's site safety rules and other site City of Beaumont 1350 Langham Road Water Utilities Department Page 1 of 5 Beaumont,Texas 77707 access rules while on Owner's property. III Owner agrees to maintain its sewer collection line, and a meter to pump its wastewater for monitoring the quantity of sewage delivered to the City's collection system. Owner further agrees to test the accuracy and calibrate the meter upon installation and annually thereafter,in a manner approved by the City, with the results submitted to the City. Owner shall bear all costs associated with the maintenance of the sewer collection lines on the Owner's property,and the meter. In the event of a malfunction of the meter, Owner agrees to pay for a volume of sewage that is equivalent to previous billing actually provided to Owner for the billing period. In the event that the City questions the accuracy of the meter,the City shall have the right, at its own expense,to test the accuracy of the meter. If the meter is inaccurate by at least 5 percent, Owner agrees to repair and re-calibrate the meter at their expense. IV Owner agrees to abide by the City's code of ordinance, specifically the sewer use ordinance Prohibition of specific types of waste. Owner must notify City prior to industry or large commercial facilities discharging process wastewater to the sewer. The need for a discharge permit and inter- jurisdictional agreement will be evaluated prior to discharge. V Unless approved and authorized by the City, no waste other than domestic or sanitary sewage waste shall be delivered to the City's system, and shall meet limits and prohibitions as set forth in the City sewer use ordinance(Ordinance No. 03-018). VI City of Beaumont 1350 Langham Road Water Utilities Department Page 2 of 5 Beaumont,Texas 77707 In the event of an overflow,by pass, or other noncompliance from Owner's sanitary sewage collection system to the States water ways, Owner agrees to promptly report the noncompliance as required by State and Federal authorities. Owner also agrees to promptly use its reasonable best efforts to mitigate any environmental hazard created by the noncompliance and to correct the problem that led tot he noncompliance. Owner also agrees to submit a copy of the notification and report of the mitigation to the City. VIl Owner agrees to pay to the City all charges for sewer service within Thirty(30)days from date of statement from the City. In the event of failure of Owner to so pay said charges,City shall have the right, upon thirty(30)days written notice to Owner,to refuse to provide sanitary sewer service to Owner. VIII Owner will pay the same rate for water and sewer services as established from time-to-time by the City Council for outside the City of Beaumont. In the event said rates are altered or amended by City Ordinance,Owner agrees to pay said amended rates. IX Owner agrees to: 1. Adopt a resolution or take some other official action agreeing to the terms and conditions of this Contract, 2. Adopt a resolution or take some other official action ratifying, affirming and accepting the benefits and agreeing to the terms, conditions and requirements of this Contract; and 3. Enter into such other or additional contracts or agreements as may be reasonably required to carry out the purpose and intent of this Contract. X This Contract shall be for a period of 12 months from and after the date of execution. City of Beaumont 1350 Langham Road Water Utilities Department Page 3 of 5 Beaumont,Texas 77707 XI Owner may, from time to time, convey or assign this Contract with respect to all or any part of the land contained within Owner's property boundaries,and the assignee or assignees shall be bound by this Contract. Upon prior approval by the City Council,of the assignee or assignees,and only upon the condition that the assignee or assignees assume the liabilities,responsibilities and obligations under this Contract with respect to the land involved in the assignment or assignments,or as may be otherwise approved by the City Council. In connection with this Contract, official addresses for notification shall be: A. Hani J. Tohme,Director City of Beaumont Water Utilities Department 1350 Langham Road Beaumont,Texas 77707 B. Dennis Greene West Jefferson County MUD 7824 Glenbrook Dr. Beaumont, TX 77705 Any changes in said addresses may be made by notifying the other parties by certified mail of the new or changed contact person and/or address. XII This Service Agreement represents the entire and integrated Contract between the City of Beaumont and Customer and supersedes all prior negotiation,representatives,or agreements,either oral or written. This Contract may be amended only by written instrument signed by both the City of Beaumont's City Manger and Customer. IN WITNESS WHEREOF,the City of Beaumont Water Utilities Department has lawfully caused these presents to be executed by the hand of the City Manager of said City,and the municipal corporate seal City of Beaumont 1350 Langham Road Water Utilities Department Page 4 of 5 Beaumont,Texas 77707 of said City to be hereunto affixed,and the said Customer,Customer,acting by hand of the President and/or Manager whereunto Authorized Representative, does now sign, execute and deliver this document. Executed in duplicate originals at Beaumont,Texas, on this day of A.D., 2007. Customer CITY OF BEAUMONT/CITY MANAGER By' BY (PRINT) Authorized Representative Date Kyle Hayes, City Manager Date By: Signature of Authorized Representative Date Attest: Attest: Date Date STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § BEFORE ME,the undersigned,a Notary Public in and for the said county and state,on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instruction, and acknowledged to me that the same was the act of the said Customer, and that he executed the same as the act of such company for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , A.D. 2007. Notary Public My Commission Expires: City of Beaumont 1350 Langham Road Water Utilities Department Page 5 of 5 Beaumont,Texas 77707 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a wastewater service agreement with West Jefferson Municipal Utility District to serve an RV park outside the City limits at the corner of Hwy. 124 and Frint Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 20, 2007 REQUESTED ACTION: Council approval of Change Order Nos. 2, 3 and 4 for Martin Luther King, Jr. Park. RECOMMENDATION Administration recommends approval of Change Order Nos. 2,3 and 4 for additional work at Martin Luther King, Jr. park in the amount of$32,607. BACKGROUND The construction contract was awarded by Council to N& T Construction, Inc. in the amount of $648,000. Construction is underway and the following improvements are recommended: Change Order No. 2 is the cost to imprint the new memorial bricks that will be placed along the walkway. The original memorial bricks installed in the boulevard on MLK Parkway are scheduled to be replaced. Change Order No. 2 is the cost for imprinting 261 new bricks. Upon completion of the park, the original memorial bricks will be removed from the parkway and offered to the families that purchased them. The cost for imprinting is $6,635. Change Order No. 3 is the cost for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source. Entergy moved the overhead lines but the property owner is responsible for the service breakers and connection. A concrete pedestal and a secure aluminum enclosure was constructed to accommodate the service breakers. The cost for this change order is $8,303. Change Order No. 4 includes furnishing and installing new light fixtures in the parking lot. The high mast light fixture on the park site is sufficient lighting for the park, however, it does not provide enough lighting in the parking area. Staff requested a price from the contractor to furnish and install seven(7)light fixtures in the parking area. The cost includes all trenching,wiring and light pole bases for a complete installation. The cost for the additional lighting is $17,669. M.L.K. Park- Change Order September 20, 2007 Page 2 No additional days for completion were requested. The base bid of$648,000 was increased by Change Order No. 1 to $695,476. Change Orders No. 2, 3 and 4 increase the original contract amount by five percent (5%). Total percentage increase to date is twelve percent (12%). BUDGETARY IMPACT Funds are available in the Capital Program. RESOLUTION NO. WHEREAS, on October 31, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-335 awarding a contract in the amount of $648,000 to N & T Construction, Inc., Orange, Texas, for the construction of Martin Luther King, Jr. Park; and, WHEREAS, Change Order No. 1 was required for upgrading the specified 2 ft. x 2 ft. concrete pavers to Hanover Prest Pavers in a limestone grey and furnishing new memorial brick pavers in a charcoal finish thereby increasing the contract amount by $47,476 which increased the total contract amount to $695,476; and WHEREAS, Change Order No. 2 is required to imprint 261 new memorial bricks that will be placed along the walkway thereby increasing the contract amount by $6,635 for a total contract amount of$702,111; and WHEREAS, Change Order No. 3 is required for furnishing and installing electrical power breakers, a concrete pedestal and an aluminum enclosure for the main electrical service that connects to the main power source thereby increasing the contract amount by $8,303 for a total contract amount of $710,414; and WHEREAS, Change Order No. 4 is required for furnishing and installing new light fixtures in the parking lot thereby increasing the contract amount by $17,669 for a total contract amount of$728,083; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order Nos. 2, 3 and 4 increasing the contract amount by$32,607 for a total contract amount of$728,083 for the construction of Martin Luther King, Jr. Park. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames - nxm City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 25, 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 1-7 and 16 and 17/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2008 Budget 2. Consider adopting the 2008 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2008 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2007 (FY 2008) EXECUTIVE SESSION * Prior to considering Agenda Item 5, the City Council will hold an Executive Session in accordance with Section 551.071 of the Government Code to: Consult with the City Attorney regarding legal issues related to the proposed Collective Bargaining Agreement between the City of Beaumont and the Beaumont Police Officers Association. 5. Consider authorizing the City Manager to execute a new labor agreement with the Beaumont Police Officers Association 6. Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances related to increasing water and sewer rates to fund water and sewer operations and recommended capital improvements 7. Consider amending Sections 28-24.1.(b)(1) and 28-24.1.(b)(2) of the Code of Ordinances related to increasing garbage and trash rates 8. Consider amending Chapter 30, Zoning Ordinance, by adding Section 30-23.2 to create the Neighborhood Design Overlay District and the regulations that would govern said overlay district 9. Consider amending Chapter 30, Zoning Ordinance, by amending Section 30-4 (b), amending Section 30-24 (b)Permitted Use Table, and adding Section 30-33 (b) 25, regulations for temporary portable storage containers 10. Consider approving a request for a zone change from GC-MD (General Commercial-Multiple Family Dwelling) to C-M(Commercial-Manufacturing) District for properties located at 715 and 745 Chamberlin 11. Consider approving a request for a specific use permit to allow retail merchandise sales in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2)District at 7130 Eastex Freeway 12. Consider approving a request for a specific use permit to allow parking for a restaurant in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located on the west side of Warren Street, approximately 467' north of W. Cardinal Drive 13. Consider approving a request for a specific use permit to allow a middle/high school in a GC-MD (General Commercial-Multiple Family Dwelling)District at 1050 Broadway 14. Consider approving a request for a specific use permit to allow a mini-warehouse self-storage facility in a GC-MD (General Commercial-Multiple Family Dwelling) District for property located approximately 425'west of the northwest corner of College and 23' Street 15. Consider approving a request for a specific use permit to allow a beauty shop in an RCR(Residential Conservation and Revitalization)District at 2390 Broadway 16. Consider approving a request to rename Pipkin Park to Pipkin Patriots Park 17. Consider approving an ordinance adopting local rules of the Beaumont Municipal Court 18. PUBLIC HEARING: Receive comments and requests relating to six month extensions for occupying FEMA or travel trailers Consider approving an ordinance allowing for a six month extension for occupying a FEMA or travel trailer at 5530 Thames, 1772 Grand, 3452 Grand, 680 Rhone, 1735 W. Highland, 2315 Sabine Pass, 3395 Maida, 1417 Church, 120 Langham, 2585 Linson, 3490 French, 1575 Threadneedle, 1745 Delaware and 660 Woodrow and denying an extension for 2650 Houston 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: Jim R.ideaux dba JR's Automotive- Small Business Loan The City of Beaumont v. International Association of Firefighters, Local Union 399 Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 September 25, 2007 Consider adopting the FY 2008 Budget t1f...... City Council Agenda Item m K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: September 25, 2007 AGENDA MEMO DATE: September 17, 2007 REQUESTED ACTION: Council consider adopting the FY 2008 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2008 Budget as submitted to Council on August 14, 2007. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2008 Budget was submitted to Council on August 14, 2007, and reviewed during a work session on September 4, 2007. A public hearing was held on September 4, 2007, which met the requirements of the Charter and state law. BUDGETARY IMPACT Proposed appropriation for all funds, net of a contingency, totals $209,621,700. Additionally, a contingency appropriation of$1,500,000 is made for the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2007, and ending September 30, 2008; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2007, and ending the 30th day of September, 2008, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $96,319,100 b. Debt Service 13,828,800 C. Water Utilities 34,823,700 d. Solid Waste Management 9,112,400 e. Hotel Occupancy Tax 2,901,200 f. Henry Homberg Golf Course 537,800 g. Municipal Transit 11,369,000 h. Other Special Revenue 5,615,200 i. Capital Reserve 10,490,500 j. Fleet Management 6,628,300 k. Employee Benefits 17,121,200 I. General Liability 874,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one lineitem to another line item provided the transaction is not an interfund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of September, 2007. - Mayor Becky Ames -