HomeMy WebLinkAboutPACKET MAR 25 2008 City of Beaunwnt
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 25, 2008 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Eddie Senigaur would be appointed to the Parks and Recreation Advisory Committee. The term
would commence March 25, 2008 and expire March 24, 2010. (Mayor Becky Ames)
Eddie Senigaur would be appointed as an alternate to the Planning and Zoning Commission. The
term would commence March 25, 2008 and expire March 24, 2011. (Mayor Becky Ames)
A) Approve a resolution certifying that the Small Business Revolving Loan Fund(RLF)Plan
is consistent with and supportive of the area's current economic development strategy,
and the RLF is operating in accordance with the policies and procedures contained in the
RLF Plan and the loan portfolio meets the standards contained therein
B) Approve a resolution appointing VantageTrust Company to serve as Successor Trustee of
the Trust established in connection with the Vantagecare Retirement Health Savings Plan
C) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Highlands Pointe' 11 Addition
D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Creek Country Club Estates Subdivision Section X-C
E Authorize the acceptance of two 2 -to n 10
foot wide water line easements p r o
vidin g
access for fire prevention services for Austin and Marshall Middle Schools in Beaumont
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City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider a resolution certifying that the Small
Business Revolving Loan Fund(RLF)Plan is consistent
with and supportive of the area's current economic
development strategy, and the RLF is operating in
accordance with the policies and procedures contained in
the RLF Plan and the loan portfolio meets the standards
contained therein.
RECOMMENDATION
The Administration requests approval of a resolution certifying that the RLF Plan is consistent
with and supportive of the area's current economic development strategy, and the RLF is
operating in accordance with the policies and procedures contained in the RLF Plan and the loan
portfolio meets the standards contained therein.
BACKGROUND
The Small Business Revolving Loan Program was created with an initial grant from EDA of
$500,000 with matching funds from CDBG of$250,000. To be approved for the grant, the City
was required to develop a plan to support the area's current economic development strategy and
to create policies and procedures to administer the program. The original City of Beaumont RLF
Plan was adopted by the City Council on February 24, 1987 and was last
re-certified on January 16, 2007. The EDA requires the plan to be certified annually and to be
included in either the semi-annual or annual report. This year's semi-annual report will be filed on
or before April 30, 2008. There have been no changes to the RLF Plan since it was last certified.
BUDGETARY IMPACT
None.
I. PROGRAM ELEMENT TO THE PLAN
A. Goals and Objectives
1. COMMITMENT TO ECONOMIC DEVELOPMENT:
The Economic Development Policy Plan consists of goals, objectives,
policies, and proposals for guiding Beaumont's future economic growth
and development. Outside assistance is provided through a contact with
the Beaumont Chamber of Commerce for various economic development
activities such as marketing analysis, business retention efforts and
working with business prospects.
2. GOAL: INCREASE THE NUMBER OF PERMANENT JOBS
AVAILABLE TO CITIZENS OF BEAUMONT AND SOUTHEAST
TEXAS
Emphasis should be placed on value added jobs which are most likely to
lead to further job creation. Jobs in "export" industries bring money into
the region through production of goods or services that are exported
outside of Beaumont. These jobs, which are generally highly paid, create
spendable household income, thus generating new jobs in sales and
services.
Beaumont also needs jobs which can be filled by workers who were
previously employed in shipyards, refineries, and chemical plants. These
skilled workers are among Beaumont's most valuable economic resources
and will leave the area if new job opportunities are not developed.
Because of an especially high unemployment rate among Beaumont's
sizable minority population, entry level jobs with on-the-job training are
needed to bring unskilled workers from low-income backgrounds into the
work force.
WHERE WILL THESE JOBS COME FROM? New jobs come from
three sources:
1) expansion of existing businesses
2) creation of new, entrepreneurial enterprises
3) attraction of plants or businesses from outside the
community
Research indicates that expansion of existing businesses and creation of
entrepreneurial enterprises account for 80 to 90% of all new jobs.
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EXHIBIT "A"
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OBJECTIVE NO 1: MAINTAIN AN EFFECTIVE ROLE
FOR THE CITY OF BEAUMONT
ECONOMIC DEVELOPMENT
PROCESS
Policy 1.1 Role of the City
The City will continue to serve in a leadership role in the
following areas of economic development:
A. Strategic Planning - analyzing Beaumont's
competitive strengths and weaknesses in the world
economy and then taking aggressive action to
capitalize on the strengths and overcome the
weaknesses.
B. Legislative Advocacy - working closely with
Jefferson County, The Port of Beaumont, Drainage
District #6, the Jefferson County Navigation
District, BISD, other municipalities in the region,
and other State and Federal elected officials to
secure major funding assistance and to enact or
change laws to increase the strategic
competitiveness of the local/regional economy.
C. Leveraging and Public/Private Partnerships - using the
limited resources available to the City government, such as
grants, development incentives, infrastructure, land, and
staff to attract private sector investments which will create
or retain jobs and/or increase the tax base.
D. Develop and Communicate a Vision of the Future - the
City's elected officials and staff must motivate the
community to set its sights on the goal of becoming a first-
class medium-sized city with a quality of life capable of
attracting new private investment and population.
The City will serve in a leadership and cooperative role in
the following areas, participating actively and lending
whatever support is needed to other members of the
economic development network:
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A. Promotion: assisting the Chamber of Commerce, the
Convention and Visitors Bureau, BUILD, Inc./Beaumont
Main Street, Entergy, and other promotional groups in
marketing Beaumont as a business location, tourist,
destination, etc.
B. Business Attraction: working cooperatively with the
Chamber/Economic Development Council in attracting
new industry.
Policy 1.2 The City's Commitment
The City will commit the assets it has available--staff,
incentives, land, taxing authority, infrastructure, tax-
exempt bonding authority, and access to State and Federal
grants--to the local and regional economic development
efforts.
The City will also strive for excellence in conducting its
basic responsibilities of providing public services and
infrastructure, recognizing that an efficient, competent and
responsive city government is one of the prerequisites for
economic growth of a community.
Allocation of resources for construction of new or the
repair or extension of existing city infrastructure and new
or revised city services will be implemented on the basis of
need; however, the impact of such actions on the economic
development of the City as a whole will be considered of
overriding importance when deciding where to allocate the
City's resources among areas which are of equal need.
Policy 1.3 Public Return on Investment
The City will examine the potential return on the public's
investment when determining where and how its limited
resources will be committed. Return on public investment
will be measured in terms of jobs created, jobs retained,
and broadening of the tax base.
OBJECTIVE NO. 2 ENCOURAGE A CLIMATE WHICH
FACILITATES BUSINESS GROWTH
AND SUSTAIN ABILITY
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Policy 2.1 The City of Beaumont recognizes that the degree of
cooperation and support of local government plays a major
role in business location and expansion decisions. The City
resolves to improve both its efficiency and effectiveness in
providing assistance and services to business.
Policy 2.2 The City of Beaumont will be committed to improving the
quality of life for current and future residents.
In recognition of the connection between economic
development, the qualify of life or livability of a city, and
the development of a favorable sense of place among
residents and non-residents alike, the City supports the
inclusion of "quality of life" and "environmental quality"
considerations in making planning and development
decisions.
Visual community appearance considerations in the city's
planning and development efforts are to be considered
important economic development actions which will
improve Beaumont's ability to attract new businesses and
employment opportunities.
In realization of the fact that investing in the overall
improvement in the quality of life or livability of the City is
not a goal which can be achieved overnight, the City will
concentrate its resources on the cleanup and rehabilitation
of selected neighborhoods and on the development and
implementation of urban design plans for selected open
space,street corridor,and city entrance or gateway areas.
OBJECTIVE NO 3: ATTRACT NEW BUSINESSES AND
INDUSTRIES TO THE BEAUMONT
AREA
Policy 3.1 The City will work with the Chamber of Commerce and
other economic development groups in a team effort to
bring new businesses and industries to the Beaumont area.
Policy 3.2 Efforts to attract new business and industry will be targeted
on industries whose locational needs are consistent with the
Beaumont area's locational attributes.
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Policy 3.3 Continue to promote the Beaumont area's resources and
quality of life factors through the efforts of the Beaumont
Convention and Visitors Bureau.
OBJECTIVE NO 4: RETAIN AND EXPAND EXISTING
BUSINESSES AND INDUSTRIES
Policy 4.1 The City of Beaumont Recognizes that existing businesses
and industries are the community's most important
economic resources and will support the efforts of existing
businesses to expand and improve operations.
Policy 4.2 An "outreach" program to foster open lines of
communication between the city government and existing
businesses and industries will continue.
OBJECTIVE NO 5: STIMULATE THE CREATION OF
NEW BUSINESSES
Policy 5.1 Continue the City's Small Business Revolving Loan Fund
which provides financing assistance for new businesses
having difficulty in obtaining conventional financing.
Policy 5.2 Continue work with the Small Business Development
Center at Lamar University, which assists start up
businesses and processes applications for the City's Small
Business Revolving Loan Fund.
OBJECTIVE NO. 6 IMPROVE THE COMPETITIVE
ADVANTAGES OF THE BEAUMONT
AREA ECONOMY
Policy 6.1 The City of Beaumont will assume a role of partnership
with local business and industry in competing with
producers in other regions, states and countries. This
means city actions involving taxes, infrastructure,
regulations and development incentives will focus on
making it easier, more efficient and more advantageous for
doing business in Beaumont.
Policy 6.2 Expand the scope of Beaumont's market area by
capitalizing on its role as a regional center of trade,
professional services, entertainment, distribution, and
medical services.
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B. Identification of the Area's Financing Problems
A review of Beaumont's capital market and discussions with local small business
persons indicate the local capital market has the following characteristics.
1. Beaumont banks typically follow conservative policies and
practices regarding allocation of deposits for lending purposes.
While this is not unique to Beaumont or the region, the adverse
effect of the local and statewide economy has even further reduced
the availability of the banks capital in Beaumont. Beaumont banks
are looking for additional outside capital projects as a cushion for
their loans.
2. There is reluctance to provide financing to younger or higher risk
companies or to companies located in blighted or depressed areas
of the community.
3. There is a shortage of long term reasonably priced commercial
financing available to small businesses located in Beaumont.
4. Local banks appear to be reluctant to make loans smaller than
$75,000.00
5. There is a lack of capital for minority businesses.
The Revolving Loan Fund (RLF) will serve a critical function in the City's
economic development program by providing assistance in financing small
business that will provide jobs primarily for persons of low and moderate income,
the unemployed, and the underemployed, and projects which will diversify and
strengthen Beaumont's economic base.
Specific Objectives of the Revolving Loan Fund The Revolving Loan Fund will
promote economic development by:
1. Creating New Employment Opportunities: The Revolving Loan Fund
will be utilized to assist in expansion or creation of small business
enterprises, owned or operated by minorities, women, or the economically
disadvantaged.
2. In creasing Private Financing Availabili Revolving loan fund monies
will be used to leverage private financing for small business, availability
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of financing for small business enterprises owned or operated by
minorities, women or the economically disadvantaged and to provide
incentives to the financial institutions to make loans to small businesses.
C. Targeting Criteria
The Revolving Loan Fund will target small businesses which can best assist the
City in achieving economic development objectives. The order or priority will
be:
1. Small businesses which will create the greatest number of jobs
available to the unemployed, underemployed, or low or moderate
income persons at the least cost to the Revolving Loan Fund;
2. Small businesses which are owned and operated by minorities,
women, or the economically disadvantaged;
3. Small businesses that are located within Beaumont's Community
Development and Housing Neighborhood Strategy Areas.
D Standards for the Revolving Loan Fund Portfolios
To ensure the effectiveness of the Revolving. Loan Fund as an economic
development tool, the following standards will serve as guidelines for Revolving
Loan Fund participation:
1. It is the objective of the Revolving Loan Fund to leverage each
dollar three to four times through participation with private sector
lending institutions, the SBA and other government loan programs
and private investors.
For each$10,000 of total investment, one job will be generated.
The Revolving Loan Fund will leverage two private sector dollars
for every one RFL dollar at a minimum.
2. Revolving Loan Fund monies will be available to finance the
expansion and start-up needs of small businesses. Financing will
be available for fixed assets (plant and equipment)and for working
capital.
The Revolving Loan fund will give priority to the businesses that
create the maximum number of new jobs.
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All Revolving Loan Fund applicants will be screened for potential
use of vacant facilities located in blighted areas of the community.
2. Other economic development objectives and standards include the
following:
The Revolving Loan Fund borrower will be required to
have a 10%equity in the project.
Minorities and females will be encouraged to participate in
the Revolving Loan fund.
To prevent displacement of existing capital, all applicants
must have written evidence of the need for the RLF funds.
E. Financing Policies:
The Revolving Loan Fund will include the following goals:
1. The Revolving Loan Fund loans are expected to range between
$10,000 and$100,000.
2. No more than 20% of the total SBRLF contributed capital shall be
loaned to any one borrower during any one time period.
3. Terms and Conditions of the Loans
The expected amortization period for Revolving Loan Fund loans
will be as follows:
Working capital loans: Negotiated within normal
commercial financing range
Machinery and Equipment: Based upon the useful life of
equipment financed
Land and Building: 15 -25 years
4. Interest Rates: Interest rates for all Revolving Loan Fund loans
will be variable depending on the needs and financial condition of
the applicant. Interest rate floors and ceiling will be established.
The minimum interest rate will be four percent.
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5. Special Financing Techniques: Revolving Loan Fund staff and
administration will employ flexible financing techniques designed
to meet the needs of the borrowers and to maximize the
effectiveness of the Revolving Loan Fund program. The special
financing techniques that may be utilized include:
Lower than market rates.
Extended amortization period for loans.
Moratoriums on loan payments for a specified
period of time.
6. Collateral and Equity requirements: Fixed asset financing will be
secured by the fixed assets financed with other assets included if
required. Collateral for working capital loans will include
inventory, accounts receivable, fixed assets, cash and personal
guarantees. The Revolving Loan Fund will mandate the
contribution of equity by the borrower, requiring not less than
10%.
7. Restructuring Loans: The Revolving Loan Fund will not be
involved in restructuring loans or in refinancing projects.
8. Use of repaid recaptured Revolving Loan Fund interest and
principal funds: Repayments of interest and principal will be used
for additional loans. Revolving Loan Fund administrative staff
will be paid by the City of Beaumont or Community Development
Block Grant Funds. Origination fees and other fees earned by the
Revolving Loan Fund will be used in the administration of the loan
program. These administrative costs will be exclusive to the loan
program.
9. Participation with other loan programs: To accomplish the stated
goals of the Revolving Loan Fund, participation on loans with the
following financial institutions is anticipated:
Banks throughout the City.
• Small Business Administration.
• Farmer's Home Administration.
• SBA Certified Development Corporation
(504's).
• SBA Small Business Investment
Corporation(MESBIC).
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• Savings and Loan Associations.
• Local equity capital funds.
F. Related Activities:
1. Loan Packaging and Referral Service: The Revolving Loan Fund loans
will be packaged by the staff in cooperation with the loan officer and staff
of the participating financial organization. Those applicants who do not
qualify for Revolving Loan Fund loans but are viable applicants for other
financing assistance will be referred to the local office of the Small
Business Administration, the Southeast Texas Economic Development
Foundation (A SBA 504), and other commercial banks or savings and
loans in the community.
2. Linking Jobs to the Long-Term Unemployed: Should the borrowers need
assistance in recruiting the long-term unemployed and low-income
persons, the company will be referred to agencies capable of providing
assistance. Those agencies include:
• Texas Workforce Center
• Local Employment Agencies
• Advertisement in Local Newspapers
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II. Administrative Element of the Plan
F. Loan Administration Board
The Mayor and City Council establishes citizen advisory boards, committees and
commissions and appoints citizens within the community to serve on these
various committees by approval of City Council. A Loan Administration Board
will be formed with the membership as follows:
1. Members will be drawn from local financial institutions.
2. Other members will be appointed from the Small Business
Development Center at Lamar University.
3. One member will be appointed representing the City of Beaumont.
4. The remaining members will be appointed from small and minority
businesses or community organizations.
Provisions will be made to assure strong representation among women and
minorities. At least one member with financing experience must be present for
each loan decision. Board members will be appointed to two year terms, which
will be staggered to assure continuity on the board. The board will include
members from both the public and private sectors.
B. Staff
The City's Finance Department, Cash Management Division, will provide support
staff to the Revolving Loan Fund. The Cash Management staff has experience in
analysis of business operations and financial statements and substantial billing
and collection experience. The RLF staff will work closely with the particular
commercial lending officers of the private financial institution(s) involved in the
leveraging of each loan. The loan packages will be prepared to provide adequate
loan security and allow maximum operating flexibility to the borrowers.
C. Conflict of Interest
2. RLF funds shall not be available to a business entity if the owner of such
entity or any owner of an interest in such entity is related by blood,
marriage, law or business arrangement to an employee of the City of
Beaumont or any member of the City Council, or a member of the SBRLF
Loan Advisory Board unless the person(s) affected first discloses in
writing to the Loan Advisory Board the potential benefit and the Loan
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Advisory Board determines that the benefit involved is not so substantial
as to affect the integrity of the Board's decision process.
3. An officer, employee or board member of the SBRLF shall not solicit or
accept, directly or indirectly, any gift, gratuity,favor, entertainment or any
other thing of monetary value for himself or for another person, from any
person or organization seeking to obtain a loan.
4. Former Loan Advisory Board members and/or officers are ineligible to
apply for or receive loan funds for a period of one year from the date of
termination of his/her service.
D. Loan Selection and Approval Process
2. Marketing
The Finance Department will have a coordinative managerial role in the
areas of capital formation and supporting the existing network of
economic development groups active in the area. The staff will also
continue its ongoing contacts with the SBA and financial institutions.
Presentations will be made to the Chamber of Commerce, Minority
Business Development _Organizations and other potential sources of
applicants.
3. Screening
Potential applicants for the RLF will be screened by the staff at the Small
Business Development Center (SBDC) at Lamar University and
participating financial institutions. Preliminary screening by the (SBDC)
will include, but will not be limited to the following:
• Eligibility criteria
• Ownership and organizational structure
• Potential for job creation
• Funding requirements
If the preliminary screening process indicates that the potential applicant is
appropriate for the RLF, the applicant will be invited to make full
application. The RLF staff and the Small Business Development Center
will provide technical assistance to help applicants with the preparation of
necessary documents. Applicants that are ineligible will be referred to
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other sources which may be appropriate including the SBA, the local 504
Corporation or other programs which may fit the needs of the applicant.
3. Applications
At this phase of the process, the following information may be requested
from the applicant and his/her financial institution:
• Application Form
• Summary description of business and the project being
financed
• Financial Statement(3 years)
• Projection(3 years)
Assumption(2 years existing)
New Company(3 years)
Profit and Loss Statements;
Balance Sheets;
Cash Flow Analysis
• Personal Financial Statements
• Cost Summary
• Listing of Collateral
• Commitment Letter
• Appraisal(Financing Real Estate)
• Jobs Form
• Resume on Principals
• Business Plans
New(detailed description of the business to include
the market, competition, location, management,
personnel, and purpose of loan)
Existing (one page document describing plans to
grow or expand)
• Certification of Cost — Architectural estimates; equipment
vendor quotes; construction cost estimates
4. Evaluations
Once all materials requested from the applicant have been submitted, an
analysis of the loan request will occur.
• Staff assembles the information into a complete package
and submits to the Loan Advisory Board for review. A
decision is based upon factors including, but not limited to:
• the ability of the applicant to repay the loan,
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• the applicant's managerial capabilities,
• the long tern retention of jobs that will be provided.
5. Considerations
All loans shall be presented to the Loan Advisory Board for consideration.
Applicants will be afforded an opportunity to address the Board and to
answer questions.
6. Loan Closing
Once final approval has been authorized by the board, staff will assist in
preparation of loan closing documents in conjunction with the financial
institution, including necessary deeds of trust, liens, mortgage instruments
and loan agreements.
7. Disbursement
Prior to closing, a schedule of loan disbursements will have been
negotiated.
8. Monitoring
Monitoring of the implementation of the project will begin after the initial
disbursement. Continuing technical assistance will be provided as needed
by RLF staff. The Grant's Administration Division will provide
assistance with environmental impact and Davis-Bacon wage requirement
issues.
E. Loan Servicing
The loan will be serviced in house by RLF staff who will institute a
portfolio management system which monitors each loan on an ongoing
basis for timely payment. A servicing agreement may be established with
an outside agency to service the loans for the city, if cost effective, where
funds will be returned to the Revolving Loan Fund by the private financial
institutions on at least a quarterly basis.
If a default appears eminent, the staff of the RLF will work with the
financial institution to avert such an occurrence. When default cannot be
averted, the staff will commence foreclosure proceedings as mandated by
State Law.
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F. Administrative Costs
Administrative costs will be provided by city funds or Community Development
Block Grant funds. The City will allocate funds from the interest paid to the RLF
and program fees if such funding sources become necessary.
G. Recapitalization Strategy
Capitalization of the RLF will be accomplished through program income funds
from the CDBG program.
H. Other Requirements
1. Compliance with Civil Rights Laws:
Applicants for RLF assistance will be required to pledge not to
discriminate against employment applicants. They will be required to sign
an affidavit to that effect at the loan closing. Any proven instance of
discrimination proven against the loan applicant shall be grounds for
calling the loan,
Compliance will be monitored on an annual basis. Active loans will be
reviewed at least annually. Borrowers will be required to submit
personnel data concerning the status of jobs which were created under the
RLF, including pay scales, sex,and ethnicity.
2. Environmental Impact:
Staff will consider the environmental impact of all proposed projects.
(See Environmental Review Record Appendix III.)
3. Access for the Handicapped:
All buildings involved in the proposed project must be made accessible for
persons with impaired mobility.
4. Insurance:
Key man insurance, flood hazard insurance, liability insurance, or other
types may be required of the applicant.
5. Davis-Bacon:
Construction financed in whole or in part by the RLF will meet the
requirement of the Davis-Bacon Act, as amended(40 U.S.C. 276a-5).
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6. Relocation:
The location of loan projects will be located within the city limits of
Beaumont. The City of Beaumont assures that loans will be recalled if the
project and/or business activity move from the area.
Businesses relocating jobs from another labor area are not eligible
borrowers.
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RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby certifies that the Small Business Revolving Loan Fund(RLF)
Plan is consistent with and supportive of the area's current economic development
strategy, and the RLF is operating in accordance with the policies and procedures
contained in the RLF Plan and the loan portfolio meets the standards contained therein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
B
t17Ljj1
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lillie Babino, Human Resources Director
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider a resolution appointing VantageTrust
Company to serve as Successor Trustee of the Trust
established in connection with the Vantagecare Retirement
Health Savings Plan.
RECOMMENDATION
Administration recommends appointment of VantageTrust Company, a wholly-owned subsidiary
of ICMA Retirement Corporation as successor trustee of the Trust.
BACKGROUND
The City of Beaumont previously established a retiree health savings plan(Vantagecare Retirement
Health Savings Plan)in July, 2004 for the benefit of its eligible employees. Previously State Street
Bank and Trust Company("SSBT")served as the trustee for the Trust through a service agreement
entered into with ICMA-RC Services,LLC and its affiliates("ICMA-RC"). Through this agreement
ICMA-RC provided services to your Trust on behalf of SSBT, including processing contributions,
distributions and investment directions, tax reporting, and preparing and distributing account
statements. The service agreeement between SSBT and ICMA-RC is no longer effective.
VantageTrust Company, a wholly owned subsidiary of ICMA Retirement Corporation has been
appointed as successor trustee of the Trust. This consolidation of services to the ICMA-RC family
of companies will provide better value and the transition will be seamless with little actual change to
the Trust. No fees are associated with this transition.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT VantageTrust Company be and is hereby appointed Successor Trustee of the Trust
established in connection with the Vantagecare Retirement Health Savings Plan.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
c
tiN.. City Council Agenda Item
A " 4 ' c
TO: City Council
FROM: Kyle Hayes, City Manager
4/
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Highlands Pointe' H Addition.
RECOMMENDATION
Administration recommends approval of the following:
• Pointe' Parkway from existing Ponte' Parkway, approximately 350 feet north to the 3-
OM-4P end of roadway markers.
Also, recommended for approval are the water and sanitary improvements in Pointe' Parkway
Boulevard right-of-way only.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection by all entities
involved on March 18, 2008.
BUDGETARY IMPACT
None.
Mod-d-&%pd
03/19/2008
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Highlands Pointe' II Addition, have been completed as
follows:
Street. Storm Sewer,
Pointe' Parkway from existing Ponte' Parkway, approximately 350 feet north to the
3-OM-4P end of roadway markers.
Also, recommended for approval are the water and sanitary improvements:
Water and Sanitary Sewer Improvements
Pointe' Parkway Boulevard right-of-way only.
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department have
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Highlands Pointe' II Addition, with the exception of streetlights, are hereby accepted
by the City of Beaumont and shall be continuously maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
D
�.. City Council Agenda Item
.a - c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider a resolution accepting maintenance of the
street, storm sewer, water and sanitary sewer improvements
in Creek Country Club Estates Subdivision Section X-C.
RECOMMENDATION
Administration recommends approval of the following:
• Willow Bend Drive from existing Willow Bend Drive, approximately 300 feet north to the
3-OM-4P end of roadway markers.
• Quail Hollow Drive from proposed Willow Bend Drive, approximately 600 feet west to
proposed Greyhawk Street.
• Greyhawk Street from proposed Quail Hollow Drive, approximately 145 feet north to the
3-OM4P end of road markers.
Also, recommended for approval are the water and sanitary improvements for Lots 1 thru 15,
Block 1 and Lots 1 thru 8, Block 2.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection by all entities
involved on March 18, 2008.
BUDGETARY IMPACT
None.
willuwog.wpd
03/19/2008
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Creek Country Club Estates Subdivision Section X-C,
have been completed as follows:
Street, Storm Sewer,
o Willow Bend Drive from existing Willow Bend Drive, approximately 300 feet
north to the 3-OM-4P end of roadway markers.
o Quail Hollow Drive from proposed Willow Bend Drive,approximately 600 feet
west to proposed Greyhawk Street.
o Greyhawk Street from proposed Quail Hollow Drive, approximately 145 feet
north to the 3-OM-4P end of road markers.
Also, recommended for approval are the water and sanitary improvements:
Water and Sanitary Sewer Improvements
o Lots 1 - 15, Block 1
o Lots 1 - 8, Block 2
WHEREAS, the developers of said street desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department have
determined that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Creek Country Club Estates Subdivision Section X-C, with the exception of
streetlights, are hereby accepted by the City of Beaumont and shall be continuously
maintained by the City contingent upon filing of the final plat, complete with filings of
dedication of all rights-of-way and easements required on the preliminary and final plats
and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
.�. E
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider a resolution authorizing the acceptance
of two (2) - ten (10) foot wide water line easements
providing access for fire prevention services for Austin
and Marshall Middle Schools in Beaumont.
RECOMMENDATION
Administration recommends acceptance of the above named easements.
BACKGROUND
Beaumont Independent School District has agreed to convey two (2) - ten (10) foot wide water
line easements to the City of Beaumont. The Water Line Easements [83.62 feet long at
Austin; 208.71 feet long at Marshall] will provide mandatory access to the water lines and fire
hydrants for the above named schools and would also allow for the construction, alteration,
operation and maintenance of the said water line and appurtenances.
BUDGETARYIMPACT
None.
engbisd_middle-sch-ib.wpd
17 March 2008
RESOLUTION NO.
WHEREAS, the Beaumont Independent School District has offered to convey two
(2) ten-foot (10') wide Water Line Easements, as shown below and described in Exhibits
"A" and "B" attached hereto, to the City of Beaumont for the purpose of providing access
for fire prevention services:
83.62 feet long at Austin Middle School Exhibit "A"
208.71 feet long at Marshall Middle School Exhibit "B;"
and,
WHEREAS, the City Council has considered the purpose of said conveyances and
is of the opinion that the acceptance of said conveyances is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easements conveyed by the Beaumont Independent School District, as shown
above and described in Exhibits"A"and "B", attached hereto, 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
March, 2008.
- Mayor Becky Ames -
CENTERLINE DESCRIPTION
FOR A
10' WIDE WATER LINE EASEMENT
OUT OF THE
A. WILLIAMS SURVEY, ABSTRACT 385
JEFFERSON COUNTY, TEXAS
FEBRUARY 20, 2008
A centerline description for a 10-foot wide water line easement (5 feet each side of centerline)
out of the A. Williams Survey, Abstract 385, Jefferson County, Texas, being out of a called
12.733 acre tract conveyed to Beaumont Independent School District as recorded in Volume
1050, Page 361 of the Deed Records of Jefferson County, Texas, said centerline description
being more particularly described as follows:
Note: The Basis of Bearings is a west line of a called 0.752 acre tract on a Texas Highway
right-of-way plat dated 1966 having been called South 00 025'30" East 300.00 feet.
COMMENCING at a TxDot monument found in the north line of the said 12.733 acre tract and
the west right-of-way line of U. S. Highway 69, 96 and 287 from which a Y2" iron rod found for
reference bears South 02°37'01" East 1061.00 feet;
THENCE South 00 025'30" East along the said west right-of-way line of U.S. Highway 69, 96 and
287 and the east line of the current ownership of the school a distance of 24.28 feet to a point
for the POINT OF BEGINNING of the said centerline;
THENCE South 89 006'33"West a distance of 83.62 feet to a point for the POINT OF
TERMINATION of the said centerline.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. on January
30 and February 20, 2008.
• --------------------------------------------
Steven R. Boucher
Registered Professional Land Surveyor No. 5056
Fittz&Shipman, Inc.
Project No. 07212Task 4
Plat&Description
EXIIIBIT "A"
PAGE 1 of 2
COMMENCING
POINT
FOUND
TzDOT
MONUMENT
24.28 POINT OF FH wv _ _
TERMINATION _ — — —
CENTERLINE - - - - - - - -
S 89'06'33" W 83.62 POINT OF
BEGINNING
CENTERLINE
I
Z
NOW OR FORMERLY I 0
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BEAUMONT INDEPENDENT SCHOOL DISTRICT 00
VOL. 1050, PG. 361, D.R.J.C. CV
(CALLED 12.733 ACRES) g F! oo F
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I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND
BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE O
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 30 AND
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FEBRUARY 20, 2008. t7
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STEVEN R. BOUCHER .» .. �!„
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REGISTERED PROFESSIONAL LAND SURVEYOR N0. 5056
........................:
• FOUND 112"
�• IRON ROD
0:\SURVEYS\07212\TASK 04\212TS004.DWG Feb 20, 2008 03:07pm
Fjttz&Shipman 10' WIDE WATER LINE EASEMENT SHEET NO.
CO=dtin S En e7S and Land Surveyors INC. PROJECT NAME: AUSTIN MIDDLE SCHOOL 1
U.S. HIGHWAY 69, 96 & 287
1405 CORNERSTONE COURT, BEAUMONT, TEXAS pB TyT.,l,,}� �(p
(409) 832-7238 FAX (409) 832-7303 EXHIBIT "A"rA� 2 OIZS PROJECT N0.
DATE:2-Pn-nP 07212TS4
CENTERLINE DESCRIPTION
FOR A
10' WIDE WATER LINE EASEMENT
OUT OF THE
H. WILLIAMS SURVEY, ABSTRACT 56
JEFFERSON COUNTY, TEXAS
FEBRUARY 13, - X08
REVISED: FEBRUARY 25, 2008
A centerline description for a 10-foot wide water line easement (5 feet each side of centerline)
gut of the H. Williams Survey, Abstract 56, Jefferson County, Texas, being out of a called
16.008 acre tract conveyed to South Park Independent School District as recorded in Volume
1226, Page 435 of the Deed Records of Jefferson County, Texas, said South Park Independent
School District changed to Beaumont Independent School District as recorded in Film Code
101-72-0826 of the Real Property Records of Jefferson County, Texas, said centerline
description being more particularly described as follows:
Note: The Basis of Bearings is the west line of the said 16.008 acre tract having been called
South 00 043'30" East.
COMMENCING at a %Z" capped iron rod found in the west line of the said 16.008 acre tract for
the southeast corner of Lot 2 of Wood Park Addition, a plat recorded in Volume 12, Page 8 of
the Map Records of Jefferson County, Texas from which a %2" iron rod found for the southeast
corner of Lot 13, Block 5 of Sheraton Wood Addition, a plat recorded in Volume 10, Page 197 of
the Map Records of Jefferson County, Texas bears South 00 043'30" East 734.91 feet (called
South 00 043'30" East);
THENCE North 00 043'30"West along the east line of said Wood Park Addition and the west line
of the said 16.008 acre tract a distance of 100.03 feet(called North 00 043'30" West 100.03 feet)
to a point in the south right-of-way line of Gladys Avenue for the northeast corner of said Wood
Park Addition and the northwest comer of the said 16.003 acre tract;
THENCE North 89 015'38" East along the said south right-of-way line of Gladys Avenue and the
north line of the said 16.008 acre tract a distance of 44.42 feet to a point for the POINT OF
BEGINNING of the said centerline;
THENCE South 00 033'02" East a distance of 308.71 feet to a point for the POINT OF
TERMINATION of the said centerline.
This Field Note Description is based on a survey performed by Fittz & Shipman, Inc. on January
30, 2008.
,1R. • i
Steven R. Boucher
Registered Professional Land Surveyor No. 5056
Fittz &Shipman,Inc '-°°•° •°• °
Project No. 07212Task 2 -S7' RAY OCHRE
Plat&Description ' '.d�• •
� '
ej
EXHIBIT"B" � "
PAGE 1 of 2
POINT OF
(CALLED N 89'15'38" E) BEGINNING
N 89'15'38" E 44.421\ CENTERLINE
GLADYS AVENUE
FH _v
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COMMENCING 00 I NOW OR FORMERLY
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FOUND 1/2" VOL. 1226, PG. 435, O.R.J.C,
IRON ROD (CALLED 16.008 ACRES)
III NAME CHANGED TO
BEARMONT INDEPENDENT SCHOOL DISTRICT
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FILM CODE 101-72-01 R.P.R.J.C.
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9 I DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND
(n BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE
ON THE GROUND UNDER MY SUPERVISION ON JANUARY 20, 2008.
STEVEN R. BOUCHER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5056
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FOUND AST IRON ROD fj
SOUTHEAST CORNER 7[f _'CYt•°.
LOT 13, BLOCK 5 ;...... ''yam
SHERATON WOOD ADDITION ' Qyv4n^w+�1
VOL. 10, PG. 197, M.R.J.C. ...........................
��EJI
O:\SURVEYS\07212\TASK 02\212TS002.DWG Feb 26, 2008 06 06o
Fittz&Shipman 10' WIDE WATER LINE EASEMENT SHEET NO.
INC. PROJECT NAME: MARSHALL MIDDLE SCHOOL
Z5m UmgEngwcm wid Land Swveym GLADYS AVENUE
1405 CORNERSTONE COURT,BEAUMONT. TEXAS BEAUMONT, TEXAS PROJECT NO.
(409)832-7238 FAX (409) 832-7303 EXHIBIT"B"PAGE 2 of 2 REVISED: 2-25-08 07212TS2
DATE:2-13-06
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A ° c
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 25, 2008 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider adopting an ordinance establishing a Photographic Traffic Signal
Enforcement System(Red Light Camera System)
2. Consider authorizing the City Manager to execute a Municipal Maintenance
Agreement with Amendments with the Texas Department of Transportation
3. Consider approving a contract for temporary personnel services
4. Consider authorizing the City Manager to execute Amendment No. 1 to the
Advance Funding Agreement for the Old Dowlen Road Project
5. Consider authorizing the City Manager to execute Change Order No. 1 for the
Beaumont Municipal Transit Compressed Natural Gas Fueling Station
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at SW3716 three days prior to the meeting.
1
March 25, 2008
Consider adopting an ordinance establishing a Photographic Traffic Signal Enforcement System
(Red Light Camera System)
...,.. City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer 1
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider adopting an ordinance establishing a
Photographic Traffic Signal Enforcement System (Red
Light Camera System).
RECOMMENDATION
Administration recommends City Council adopt an ordinance establishing a Photographic
Traffic Signal Enforcement System(Red Light Camera System).
BACKGROUND
State statute allows municipalities to implement civil penalty by ordinance for anyone who
disobeys a red light and is caught by a photographic traffic signal enforcement system. The goal
of these systems is to save lives and reduce collisions. State law allows the presumption that the
registered owner of a vehicle is responsible for the penalty.
On August 28, 2007, the Council approved a five (5) year contract for photographic traffic signal
enforcement services with American Traffic Solutions, Inc., (ATS) of Scottsdale, Arizona. ATS
installs and maintains the camera equipment, evaluates each photographed incident for accuracy,
identifies the registered owner of the vehicles photographed, and presents the information to the
Police Department for review. ATS also provides a secure website for the violator to review the
images and pay the fine. Fees are collected by ATS through both secure online payments and a
mail-in check service. The contract with ATS is a cost neutral contract in which the fees from
citations collected each month covers the fees owed to the vendor and the related expenditures of
the City to administer the program. Should fees owed to the vendor exceed those collected from
violators, the City pays no more than the fees collected during that month, leaving the difference
to be paid in future months when collections exceed monthly fees owed. In accordance with
State statute, excess fees received by the City beyond the costs associated with this program are
divided equally with the State. The portion retained by the City is restricted for funding traffic
safety programs, including pedestrian safety programs, public safety programs, intersection
improvements, and traffic enforcement.
Ordinance for Photographic Traffic Signal Enforcement System
March 25, 2008
Page 2
In November 2007, ATS performed a traffic safety study to determine which city intersections
most warrant installation of the cameras. In January 2008, the intersection and approach list was
approved. In Phase I, cameras will be installed at the following intersections:
Concord and Delaware
Concord and East Lucas
Dowlen and Delaware
Dowlen and Folsom
Dowlen and Old Dowlen
East Lucas and Helbig
The intersections being considered for Phase II are associated with TXDOT and are awaiting
approval and execution of a new maintenance agreement.
The proposed ordinance establishes the process for the administration of the system as well as
the civil penalty of$75.00 and late fee of$25.00 for the violation of Texas Transportation Code
Sec. 544.007(d). Construction and installation of the camera system will begin with the adoption
of the ordinance. It is anticipated that the warning period for violations will begin May 1, 2008,
and commencement of citations will begin May 30, 2008.
BUDGETARY IMPACT
The program is self-funded through revenue generated by citations with excess funds being
restricted for traffic safety projects in accordance with state law.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS,
ESTABLISHING A PHOTOGRAPHIC TRAFFIC
ENFORCEMENT SYSTEM (RED LIGHT CAMERA
SYSTEM) AND PROVIDING FOR: PREAMBLE,
PURPOSE, APPLICABILITY, AND FINDINGS;
DEFINITIONS; OFFENSE FOR A MOTOR VEHICLE TO
VIOLATE 544.004 TEXAS TRANSPORTATION CODE;
PROVIDING FOR THE ADMINISTRATION OF THE
SYSTEM THROUGH THE POLICE AND PUBLIC WORKS
DEPARTMENTS AND THE MUNICIPAL COURT;
ESTABLISHING CERTAIN AFFIRMATIVE DEFENSES;
PENALTIES INCLUDING A CIVIL PENALTY NOT TO
EXCEED $75.00 AND A LATE FEE OF $25.00;
PROVIDING AN ADMINISTRATIVE ADJUDICATION
HEARING PROCESS TO CONTEST A VIOLATION;
APPEAL TO MUNICIPAL COURT; SEVERABILITY;
REPEAL OF CONFLICTING ORDINANCES; EFFECTIVE
DATE; AND PROPER NOTICE AND MEETING.
WHEREAS, the City Council of the City of Beaumont, Texas, (city "City Council")
seeks to promote the health, safety and welfare of the citizens of the City of Beaumont,
Texas (the "City"); and
WHEREAS,pursuant to Texas Local Government Code section 51.001,the City has
authority to adopt ordinances that are for the good government, peace, or order of the
municipality or for the trade and commerce of the municipality and that are necessary to
carry out powers granted to the City; and
WHEREAS, pursuant to Texas Local Government Code section 54.004, the City
may enforce ordinances necessary to protect health, life and property and to preserve the
good government, order and security of the City and its inhabitants; and
WHEREAS, pursuant to the Texas Constitution, article XI, section 5, and Texas
Local Government Code section 51.072, the City, as a home-rule municipality, has full
power of local self government; and
WHEREAS, pursuant to Texas Transportation Code section 542.202 authorizes
municipalities to, among other things, regulate traffic by traffic-control devices through
criminal, civil, and administrative enforcement methods; and
WHEREAS, the City Council finds that a motor vehicle that fails to comply with an
official traffic control device endangers motorvehicle operators and pedestrians,decreases
the efficiency of traffic control and traffic flow of the City, and increases the number of
accidents to which public safety agencies must respond at the expense of taxpayers; and
WHEREAS, it is not the intent or purpose of this Ordinance to raise significant
revenue for the City or intrude upon individual liberties but rather to increase safety,
increase motorists consciousness and reduce property loss due to motorists running red
lights; and
WHEREAS, the City has implemented a public education and awareness program
regarding the implementation of this Ordinance including public media, press releases,and
mailings;
NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
BEAUMONT, TEXAS:
SECTION I. PREAMBLE, PURPOSE, APPLICABILITY, AND FINDINGS.
A. All of the recitals contained in the preamble hereof are hereby found to be true, and
such recitals are hereby approved and made a part of this Ordinance for all
purposes and are adopted as a part of the judgement and findings of the City
Council.
B. It is the purpose of this Ordinance to implement a photographic traffic enforcement
system program in order to promote health, safety and general welfare of the
citizens of the City by reducing the hazards of running red lights, in accordance with
Chapter 707 of the Texas Transportation Code. The provisions of this Ordinance
have neither the purpose nor effect of intruding upon individual liberties.
C. This Ordinance shall apply within the corporate boundaries of the City of Beaumont,
Texas.
SECTION II. DEFINITIONS.
Words and phrases used in this Ordinance shall have the meanings set forth in this
Section, unless the context of their usage requires otherwise. Words and phrases that are
not defined below shall be given their common, ordinary meaning unless the context clearly
requires otherwise. When not inconsistent with the context, words used in the present
tense shall include the future tense (and vice versa); words in the plural number shall
include the singular number (and vice versa); and words in the masculine gender shall
include feminine gender (and vice versa). Headings and captions are for reference
purposes only.
Department shall mean the Police Department of the City of Beaumont, Texas.
Intersection shall mean the place or area where two or more streets intersect.
Motor Vehicle or Vehicle shall mean any motor vehicle subject to registration pursuant to
the Texas Certificate of Title Act (Chapter 501 of the Texas Transportation Code).
Notice of Violation shall mean a notice mailed to a person identified as having violated this
Ordinance and that complies with the content requirements set out in this Ordinance. A
notice of violation is not a criminal citation.
Ownershall mean the owner of a motor vehicle as shown on the motor vehicle registration
records of the Texas Department of Transportation or the analogous department or agency
of another state or country. The term "owner" includes:
1. a lessee of a motor vehicle under a lease of six months or more; or
2. the lessee of a motor vehicle from a motor vehicle rental or leasing company, but
does not include the motor vehicle rental or leasing company itself.
Photographic Traffic Enforcement System or System means a system that:
1. consists of a camera and vehicle sensor installed to work in conjunction with an
electrically operated traffic control signal; and
2. is capable of producing, depicting, photographing or recording at least two
recorded images of a license plate attached to the front or rear of a motor vehicle
that is not operated in compliance with the instructions of the traffic control signal.
Recorded Image means an image recorded by a photographic traffic enforcement system
that depicts the license plate attached to the front or rear of a motor vehicle.
System Location means the approach to an intersection toward which a photographic
traffic enforcement system is directed and in operation.
Traffic Control Signal means a traffic control device as defined by section 541.304 of the
Texas Transportation Code.
SECTION III. LIABILITY.
The owner of a motor vehicle is liable for a civil penalty if, while facing only a steady red
signal displayed by a traffic control signal, the vehicle is operated in violation of the
instructions of that traffic control signal, as specified by the Texas Transportation Code
Section 544.007 (d).
SECTION IV. ADMINISTRATION OF PHOTOGRAPHIC TRAFFIC ENFORCEMENT
SYSTEM.
A. The Department, in conjunction with the Public Works Department and the
Municipal Court, shall implement, administer, and enforce the City's photographic
traffic enforcement system and shall maintain a list of system locations where
photographic traffic enforcement systems are installed.
B. All enforcement records including, but not limited to, a recorded image resulting
from a photographic traffic enforcement system may be confidential to the extent
allowed by state law.
C. Signs shall be posted and maintained advising motorists that photographic traffic
enforcement systems are in operation, in compliance with the Texas Transportation
Code. The Department shall only issue warning notices (rather than notices of
violation) for the first thirty (30) days of operation of a new photographic traffic
enforcement system. Warning notices shall contain the same information required
by Section N.E.
D. A notice of violation shall be mailed to the owner of the motor vehicle no later than
seven (7) days after the date the violation is alleged to have occurred. The notice
of violation shall be mailed to:
1. the owner's address as indicated on the registration records of the Texas
Department of Transportation; or
2. if the vehicle is registered in another state or country, the owner's address as
shown on the motor vehicle registration records of the department or agency of the
other state or country that is analogous to the Texas Department of Transportation.
E. A notice of violation shall contain the following information:
1. a description of the alleged violation;
2. location of the intersection where the violation occurred;
3. the date and time of the violation;
4. the name and address of the owner of the vehicle involved in the violation;
5. the registration number displayed on the license plate of the vehicle involved
in the violation;
6. a copy of a recorded image depicting the license plate number of the vehicle;
7. the amount of the civil penalty to be imposed for the violation;
8. the date by which the civil penalty must be paid;
9. a statement that a recorded image is evidence in a proceeding for the
imposition of a civil penalty;
10. a statement that the owner of the vehicle in the notice may pay the civil
penalty by mail sent to a specified address instead of appearing at the time
and place of the administrative adjudication hearing;
11. information informing the person named in the notice of violation:
a. of the right to contest the imposition of the civil penalty in an
administrative adjudication hearing;
b. of the manner and time in which the civil penalty may be contested;
C. that failure to pay the civil penalty or contest liability in a timely
manner is an admission of liability;
d. that failure to appear at an administrative adjudication hearing after
having requested a hearing is an admission of liability;
e. that failure to timely pay the civil penalty may result in the imposition
of a late payment fee of $25.00;
12. any other information the Department deems prudent and necessary.
F. No notice of violation shall be issued and no civil penalty shall be imposed if the
Department determines that the motorist was arrested, was issued a criminal
citation and notice to appear, or was issued a warning by a duly authorized peace
officer for a violation of section 544.007(d) of the Texas Transportation Code
recorded by the photographic traffic enforcement system.
G. No notice of violation shall be issued if the quality of the image captured by the
system is so inferior as to prohibit positive identification of the license plate.
H. A notice of violation under this Section is presumed to have been received on the
tenth (10th) day after the date the notice of violation was mailed. All notices shall be
mailed U.S. First Class Mail, return receipt requested.
I. The Notice of Violation is deemed to be late on the 30' day after such notice is
mailed. At that time a $25.00 late fee will be imposed.
J. In lieu of issuing a notice of violation, the Department may mail a warning notice to
the owner that must contain the information in Section IV.E.
SECTION V. AFFIRMATIVE DEFENSE.
The owner of the motor vehicle shall be responsible for a violation of this Ordinance,
unless the owner can, by preponderance of the evidence, show that:
1. the traffic-control signal was not in proper position and sufficiently legible to
an ordinarily observant person, or;
2. the operator of the motor vehicle was acting in compliance with the lawful
order or direction of a police officer, or;
3. the operator of the motor vehicle was lawfully participating in a funeral
procession, or;
4. the operator of the motor vehicle violated the instructions of the traffic-control
signal so as to yield the right-of-way to an immediately approaching
authorized emergency vehicle, or;
5. the motor vehicle was being operated as an authorized emergency vehicle
under Chapter 546 of the Texas Transportation Code and the operator was
acting in compliance with that Chapter, or;
6. the motor vehicle was a stolen vehicle and being operated by a person other
than the owner of the vehicle without the effective consent of the owner, or;
7. the license plate depicted in the recorded image of the violation was a stolen
plate and being displayed on a motor vehicle other than the motor vehicle for
which the plate has been issued, or;
8. the motor vehicle was leased or
rented or
9. the presence of ice, snow, unusual amounts of rain or other unusually
hazardous road conditions existed that made compliance with this Ordinance
more dangerous under the circumstances than non-compliance, or;
10. the owner was not the owner of the motor vehicle at the time of the violation,
or;
11. the owner was arrested, was issued a criminal citation and notice to appear
or was issued a warning by a duty authorized peace officer for a violation of
section 544.007(d) of the Texas Transportation Code recorded by the
photographic traffic enforcement system.
SECTION VI. PENALTY; ENFORCEMENT.
A. A violation of this Ordinance shall be deemed a noncriminal violation for which a
civil penalty will be assessed. The imposition of a civil penalty under this Ordinance
is not a criminal conviction and may not be considered a criminal conviction for any
purpose.
B. The civil penalty for which the owner or, when applicable, the operator is liable is
Seventy-Five Dollars and No Cents ($75.00).
C. A person who fails to pay a civil penalty within the time allowed by this Ordinance
shall be additionally liable for the late-payment fee of Twenty-Five Dollars and No
Cents ($25.00).
D. The City Attorney is authorized to file suit to enforce collection of a civil penalty
assessed under this Ordinance.
SECTION VII. ADMINISTRATIVE ADJUDICATION HEARING.
A. A Person who receives a notice of violation under this Ordinance may contest the
imposition of the civil penalty by filing a written request for an administrative
adjudication hearing. The request for a hearing must be filed on or before the date
specified in the notice of violation, which may not be earlier than the 30' day after
the date the notice of violation was mailed.
B. The Department shall establish an administrative process to review objections to
violation notices. This process shall include the selection of a hearing officer(s)who
shall preside over the administrative adjudication hearing. Hearing officers shall
have the authority to administer oaths and to issue orders compelling the
attendance of witnesses and production of documents. In the hearing, the issues
must be proven by a preponderance of the evidence.
C. Failure to pay a civil penalty or contest liability for the penalty in a timely manner is
an admission in the full amount of the civil penalty assessed in the notice of
violation and constitutes a waiver of the right to appeal under Section VIII of this
Ordinance.
D. Failure to appear at an administrative adjudication hearing after having requested
a hearing is an admission of liability for the full amount of the civil penalty stated in
the notice of violation and constitutes a waiver of the right to appeal under Section
VIII of this Ordinance.
E. The civil penalty shall not be assessed if, after the hearing, the hearing officer
enters a finding of no liability.
F. In an administrative adjudication hearing, the issues must be proven by a
preponderance of the evidence. The reliability of the photographic traffic
enforcement system used to produce the recorded image of the violation may be
attested to in an administrative adjudication hearing by affidavit of an officer or
employee of the City or the entity with which the City contracts to install or operate
the system and who is responsible for inspecting and maintaining the system. An
affidavit of an officer or employee of the City that alleges a violation based on an
inspection of the applicable recorded image is admissible in a proceeding under this
Ordinance; and is evidence of the facts contained in the affidavit; and is prima facie
evidence of the violation alleged in the notice of violation.
G. Notwithstanding anything in this Ordinance, a person who receives a notice of
violation and who fails to timely pay the amount of the civil penalty or fails to timely
request an administrative adjudication hearing is entitled to an administrative
adjudication hearing if:
1. the person submits a written request for a hearing to the designated hearing
officer accompanied by an affidavit stating the date on which the person
received the notice of violation; and
2. the written request and affidavit are submitted to the hearing officer within the
same number of days after the date the person received the notice of
violation as specified in Section IV (E) (8).
H. The findings of the administrative adjudication hearing shall be filed with a person
designated by the Department.
SECTION VIII. APPEAL.
The owner of a motor vehicle who is found liable after an administrative adjudication
hearing may appeal that finding of liability to the Municipal Court by filing an appeal petition
with the clerk of the Municipal Court. The request for appeal shall include payment of a
$50.00 appeal fee to the court. The notice of appeal must be filed, in writing, not later than
the 31s' day after the date on which the administrative adjudication hearing officer enters
the finding of liability. An appeal shall be determined by the Municipal Court by trial de
novo. The affidavits submitted under VII.F. shall be submitted to the municipal judge in the
trial de novo, and the issues must be proven by a preponderance of the evidence.
SECTION IX. SEVERABILITY.
Should any part, sentence or phrase of this Ordinance be determined to be unlawful, void
or unenforceable, the validity of the remaining portions of this Ordinance shall not be
adversely affected. No portion of this Ordinance shall fail or become inoperative by reason
of the invalidity of any other part. All provisions of this Ordinance are severable.
SECTION X. REPEALER.
All ordinances or parts of ordinances in force when the provisions of this Ordinance
becomes effective which are inconsistent or in conflict with the terms and provisions
contained in this Ordinance are hereby repealed only to the extent of such conflict.
SECTION XI. EFFECTIVE DATE.
This Ordinance shall be and become effective immediately upon and after its passage and
publications as may be required by governing law.
SECTION XII. PROPER NOTICE AND MEETING.
It is hereby officially found and determined that the meeting at which this Ordinance was
passed was open to the public and that the public notice of the time, place and purpose
of said meeting was given as required by the Open Meetings Act, Chapter 551 of the
Texas Government Code.
PASSED by the City Council of the City of Beaumont, Texas, this the 25th day of
March, 2008.
CITY OF BEAUMONT, TEXAS
MAYOR BECKY AMES
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
CITY ATTORNEY
2
March 25, 2008
Consider authorizing the City Manager to execute a Municipal Maintenance Agreement with
Amendments with the Texas Department of Transportation
t17Lj1j
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
--J .VD
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council authorize the City Manager to execute a Municipal
Maintenance Agreement with Amendments for the Furnishing,
Installing, Operation and Maintenance of Cameras on State
H'ighwayRights-of-Way To Monitor Compliance With Traffic
Control Signals and for Furnishing, Installing, Operation and
Maintenance of Supplemental Safety Measures on State
Highway Rights-of-Way Associated With Railroad Quiet
Zones.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute a Municipal Maintenance
Agreement with Amendments for the Furnishing,Installing,Operation and Maintenance of Cameras
on State Highway Rights-of-Way To Monitor Compliance With Traffic Control Signals and for
Furnishing, Installing, Operation and Maintenance of Supplemental Safety Measures on State
Highway Rights-of-Way Associated With Railroad Quiet Zones.
BACKGROUND
The Texas Department of Transportation (TxDOT) requires amendments to the Municipal
Maintenance Agreement for the installation of red-light enforcement cameras and supplemental safety
measures associated with the railroad quiet zones on State rights-of-way. Additionally, TxDOT is
requiring the existing Municipal Maintenance Agreement, executed on March 9, 1990, be updated.
The proposed agreement is substantially the same as the current agreement. The proposed Municipal
Maintenance Agreement with the red light enforcement camera amendment is enclosed. TxDOT is
in the process of finalizing the railroad quiet zone amendment and is not available at this time.
BUDGETARY IMPACT
None.
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 Municipal
Maintenance Agreement with Amendments for the Furnishing, Installing, Operation and
Maintenance of Cameras on State Highway Rights-of-Way To Monitor Compliance With
Traffic Control Signals and for Furnishing, Installing, Operation and Maintenance of
Supplemental Safety Measures on State Highway Rights-of-Way Associated With Railroad
Quiet Zones. The agreement is substantially in the form attached hereto as Exhibit "A"
and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
Form 1038
=� (Rev. 2/2004)
MUNICIPAL MAINTENANCE AGREEMENT
STATE OF TEXAS §
COUNTY OF TRAVIS §
THIS AGREEMENT made this da.-of . 20-
by and between the State of Texas. hereinafter referred to as the "State," party of the first part, and the City- of
Count-.
Texas(population 2000. latest Federal Census) acting by and through its duh-
authorized officers, hereinafter called the"City,"party of the second part.
WITNESSETH
WHEREAS, Chapter 311 of the Transportation Code gives the City exclusive dominion, control, and
jurisdiction over and under the public streets within its corporate limits and authorizes the City to enter agreements
with the State to fix responsibilities for maintenance,control, supervision, and regulation of State highways within
and through its corporate limits;and
WHEREAS, Section 221.002 of the Transportation Code authorizes the State, at its discretion, to enter
agreements with cities to fix responsibilities for maintenance,control,supervision,and regulation of State highways
within and through the corporate limits of such cities;and
WHEREAS,the Executive Director, acting for and in behalf of the Texas Transportation Commission, has
made it known to the City that the State will assist the City in the maintenance and operation of State highways
within such City, conditioned that the City will enter into agreements with the State for the purpose of determining
the responsibilities of the parties thereto;and
WHEREAS,the City has requested the State to assist in the maintenance and operation of State highways
within such City:
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the
parties hereto to be by them respectively kept and performed, it is agreed as follows:
For this agreet,,ent, the use of the words "State Highway" shall be construed to mean all numbered
highways that are part of the State's Highway System.
Pagel of 8
EXHIBIT `A'
COVERAGE
1. This agreement is intended to cover and provide for State participation in the maintenance and operation
of the following classifications of State Highways within the City:
A. Non-Controlled Access highways or portions thereof which are described and/or graphically shown
as "State Maintained and Operated" highways in Exhibit "A," which is attached hereto and made a
part hereof.
B. All State highways or portions thereof which have been designated by the Texas Transportation
Commission or maintained and operated as Controlled Access Highways and which are described
and/or graphically shown in Exhibit"B,"which is attached hereto and made a part hereof.
2. In the event that the present system of State highways within the City is changed by cancellation,modified
routing, or new routes,the State will terminate maintenance and operation and this agreement will become
null and void on those portions of the highways which are no longer on the State Highway System; and
the full effect and all conditions of this agreement will apply to the changed highways or new highways on
the State Highway System within the City;and they shall be classified as"State Maintained and Operated"
under paragraph 1 above, unless the execution of a new agreement on the changed or new portions of the
highways is requested by either the City or the State.
3. Exhibits that are a part of this agreement may be exchanged with both parties' written concurrence.
Additional exhibits may also be added with both parties' written concurrence.
GENERAL CONDITIONS
1. The City authorizes the State to maintain and operate the State highways covered by this agreement in the
manner set out herein.
2. This agreement is between the State and the City only. No person or entity may claim third party
beneficiary status under this contract or any of its provisions, nor may any non-party sue for personal
injuries or property damage under this contract.
3. This agreement is for the purpose of defining the authority and responsibility of both parties for
maintenance and operation of State highways through the City. This agreement shall supplement any
special agreements between the State and the City for the maintenance, operation, and/or construction of
the State highways covered herein, and this agreement shall supersede any existing Municipal
Maintenance Agreements.
4. Traffic regulations, including speed limits, will be established only after traffic and engineering studies
have been completed by the State and/or City and approved by the State.
Page 2 of 8
5. The State will erect and maintain all traffic signs and associated pavement markings necessary to regulate,
warn, and guide traffic on State highways within the State right-of-way except as mentioned in this
paragraph and elsewhere in this agreement. At the intersections of off-system approaches to State
highways, the City shall install and maintain all stop signs, yield signs, and one-way signs and any
necessary stop or yield bars and pedestrian crosswalks outside the main lanes or outside the frontage roads,
if such exist. The City shall install and maintain all street name signs except for those mounted on State
maintained traffic signal poles or arms or special advance street name signs on State right-of-way. All new
signs installed by the City on State right-of-way shall meet or exceed the latest State breakaway standards
and be in accordance with the Texas Manual on Uniform Traffic Control Devices, latest edition and
revision. All existing signs shall be upgraded on a maintenance replacement basis to meet these
requirements.
6. Subject to approval by the State, any State highway lighting system may be installed by the City provided
the City shall pay or otherwise provide for all cost of installation, maintenance, and operation except in
those installations specifically covered by separate agreements between the City and State.
7. The City shall enforce the State laws governing the movement of loads which exceed the legal limits for
weight, length,height,or width as prescribed by Chapters 621, 622,and 623 of the Transportation Code for
public highways outside corporate limits of cities. The City shall also, by ordinance/resolution and
enforcement,prescribe and enforce lower weight limits when mutually agreed by the City and the State that
such restrictions are needed to avoid damage to the highway and/or for traffic safety.
8. The City shall prevent future encroachments within the right-of-way of the State highways and assist in
removal of any present encroachments when requested by the State except where specifically authorized by
separate agreement; and prohibit the planting of trees or shrubbery or the creation or construction of any
other obstruction within the right-of-way without prior approval in writing from the State.
9. Traffic control devices such as signs,traffic signals,and pavement markings,with respect to type of device,
points of installation and necessity,will be determined by traffic and engineering studies. The City shall not
install, maintain, or permit the installation of any type of traffic control device which will affect or
influence the use of State highways unless approved in writing by the State. Traffic control devices
installed prior to the date of this agreement are hereby made subject to the terms of this agreement and the
City agrees to the removal of such devices which affect or influence the use of State highways unless their
continued use is approved in writing by the State. It is understood that basic approval for future
installations of traffic control signals by the State or as a joint project with the City, will be indicated by the
proper City official's signature on the title sheet of the plans. Both parties should retain a copy of the
signed title sheet or a letter signed by both parties acknowledging which signalized intersections are
covered by this agreement. Any special requirements not covered within this agreement will be covered
under a separate agreement.
10. New construction of sidewalks, ramps or other accessibility related items shall comply with current ADA
standards.The city is responsible for the maintenance of these items.
Page 3 of 8
11. If the City has a driveway permit process that has been submitted to and approved by the State, the City
will issue permits for access driveways on State highway routes and will assure the grantee's conformance,
for proper installation and maintenance of access driveway facilities, with either a Local Access
Management Plan that the City has adopted by ordinance and submitted to the State or, if the City has not
adopted by ordinance and submitted to the State a Local Access Management Plan, the State's "Regulations
for Access Driveways to State Highways" and the State's Access Management Manual. If the City does not
have an approved city-wide driveway permit process,the State will issue access driveway permits on State
highway routes in accordance with the City's Local Access Management Plan, adopted by city ordinance
and submitted to the State or, if the City has not adopted by ordinance and submitted a Local Access
Management Plan, the State's "Regulations for Access Driveways to State Highways" and the State's
Access Management Manual.
12. The use of unused right-of-way and areas beneath structures will be determined by a separate agreement.
NON-CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to non-controlled access State
highways in addition to the"General Conditions"contained herein above.Non-controlled access State highways
or portions thereof covered by this section are those listed and/or graphically shown in Exhibit"A."
State's Responsibilities (Non-Controlled Access)
1. Maintain the traveled surface and foundation beneath such traveled surface necessary for the proper
support of same under vehicular loads encountered and maintain the shoulders.
2. Assist in mowing and litter pickup to supplement City resources when requested by the City and if State
resources are available.
3. Assist in sweeping and otherwise cleaning the pavement to supplement City resources when requested by
the City and if State resources are available.
4. Assist in snow and ice control to supplement City resources when requested by the City and if State
resources are available.
5. Maintain drainage facilities within the limits of the right-of-way and State drainage easements. This does
not relieve the City of its responsibility for drainage of the State highway facility within its corporate
limits.
6. Install, maintain, and operate, when required, normal regulatory, warning and guide signs and normal
markings (except as provided under"General Conditions"in paragraph 5). In cities with less than 50,000
population, this also includes school safety devices, school crosswalks, and crosswalks installed in
conjunction with pedestrian signal heads. This does not include other pedestrian crosswalks. Any other
traffic striping desired by the City may be placed ane maintained by the City subject to written State
approval.
Page 4 of 8
7. Install, operate, and maintain traffic signals in cities with less than 50,000 population.
8. In cities equal to or greater than 50,000 population,the State may provide for installation of traffic signals
when the installation is financed in whole or in part with federal-aid funds if the City agrees to enter into
an agreement setting forth the responsibilities of each parry.
City's Responsibilities(Non-Controlled Access)
1. Prohibit angle parking, except upon written approval by the State after traffic and engineering studies have
been conducted to determine if the State highway is of sufficient width to permit angle parking without
interfering with the free and safe movement of traffic.
2. Install and maintain all parking restriction signs,pedestrian crosswalks [except as provided in paragraph 6
under "State's Responsibilities (Non-Controlled Access)"], parking stripes, and special guide signs when
agreed to in writing by the State. Cities greater than or equal to 50,000 population will also install,operate,
and maintain all school safety devices and school crosswalks.
3. Signing and marking of intersecting city streets with State highways will be the full responsibility of the
City(except as provided under"General Conditions"in paragraph 5).
4. Require installations, repairs, removals, or adjustments of publicly or privately owned utilities or services
to be performed in accordance with Texas Department of Transportation specifications and subject to
approval of the State in writing.
5. Retain all functions and responsibilities for maintenance and operations which are not specifically
described as the responsibility of the State. The assistance by the State in maintenance of drainage
facilities does not relieve the City of its responsibility for drainage of the State highway facility within its
corporate limits except where participation by the State is specifically covered in a separate agreement
between the City and the State.
6. Install, maintain, and operate all traffic signals in cities equal to or greater than 50,000 population. Any
variations will be handled by a separate agreement.
7. Perform mowing and litter pickup.
8. Sweep and otherwise clean the pavement.
9. Perform snow and ice control.
CONTROLLED ACCESS HIGHWAYS
The following specific conditions and responsibilities shall be applicable to controlled access highways in addition
to the "General Conditions"contained herein above. Controlled access State highways or portions thereof covered
Jy this section are those listed and/or graphically shown in exhibit`B."
Page 5 of 8
State's Responsibilities (Controlled Access)
1. Maintain the traveled surface of the through lanes, ramps, and frontage roads and foundations beneath
such traveled surface necessary for the proper support of same under vehicular loads encountered.
2. Mow and clean up litter within the outermost curbs of the frontage roads or the entire right-of-way width
where no frontage roads exist,and assist in performing these operations between the right-of-way line and
the outermost curb or crown line of the frontage roads in undeveloped areas.
I Sweep and otherwise clean the through lanes, ramps, separation structures, or roadways and frontage
roads.
4. Remove snow and control ice on the through lanes and ramps and assist in these operations as the
availability of equipment and labor will allow on the frontage roads and grade separation structures or
roadways.
5. Except as provided under "General Conditions" in paragraph 5, the State will install and maintain all
normal markings and signs, including sign operation if applicable, on the main lanes and frontage roads.
This includes school safety devices, school crosswalks, and crosswalks installed on frontage roads in
conjunction with pedestrian signal heads. It does not include other pedestrian crosswalks.
6. Install, operate, and maintain traffic signals at ramps and frontage road intersections unless covered by a
separate agreement.
7. Maintain all drainage facilities within the limits of the right-of-way and State drainage easements. This
does not relieve the City of its responsibility for drainage of the highway facility within its corporate
limits.
City's Responsibilities(Controlled Access)
1. Prohibit, by ordinance or resolution and through enforcement, all parking on frontage roads except when
parallel parking on one side is approved by the State in writing. Prohibit all parking on main lanes and
ramps and at such other places where such restriction is necessary for satisfactory operation of traffic, by
passing and enforcing ordinances/resolutions and taking other appropriate action in addition to full
compliance with current laws on parking.
2. When considered necessary and desirable by both the City and the State,the City shall pass and enforce an
ordmance/resolution providing for one-way traffic on the frontage roads except as may be otherwise
agreed to by separate agreements with the Stwe.
Page 6 of 8
I
3. Secure or cause to be secured the approval of the State before any utility installation, repair, removal, or
adjustment is undertaken, crossing over or under the highway facility or entering the right-of-way. In the
event of an emergency,it being evident that immediate action is necessary for protection of the public and
to minimize property damage and loss of investment, the City, without the necessity of approval by the
State, may at its own responsibility and risk make necessary emergency utility repairs, notifying the State
of this action as soon as practical.
4. Pass necessary ordinances/resolutions and retain its responsibility for enforcing the control of access to the
expressway/freeway facility.
5. Install and maintain all parking restriction signs, pedestrian crosswalks (except as mentioned above in
paragraph 5 under "State's Responsibilities"), and parking stripes when agreed to by the State in writing.
Signing and marking of intersecting city streets to State highways shall be the full responsibility of the City
(except as discussed under"General Conditions"in paragraph 5).
TERMINATION
All obligations of the State created herein to maintain and operate the State highways covered by this agreement
shall terminate if and when such highways cease to be officially on the State highway system; and further,
should either party fail to properly fulfill its obligations as herein outlined, the other party may terminate this
agreement upon 30 days written notice. Upon termination, all maintenance and operation duties on non-
controlled access State highways shall revert to City responsibilities, in accordance with Chapter 311 of the
Texas Transportation Code. The State shall retain all maintenance responsibilities on controlled access State
highways in accordance with the provisions of Chapter 203 of the Texas Transportation Code, 23 United States
Code § 116 and the State's Interstate Maintenance Guidelines as approved by the Federal Highway Administration
in accordance with 23 CFR§635,Subpart E.
Said State assumption of maintenance and operations shall be effective the date of execution of this agreement
by the Texas Department of Transportation.
Page 7 of 8
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City
of on the day of 20_, and the
Texas Department of Transportation, on the day of , 20_,
ATTEST: THE STATE OF TEXAS
Executed and approved for the Texas Transportation
Commission for the purpose and effect of activating
CITY OF and/or carrying out the orders, and established policies
or work programs heretofore approved and authorized
BY by the Texas Transportation Commission
(Title of Signing Official) BY
District Engineer
District
The Texas Department of Transportation maintains the information collected through this form. With few
exceptions, you are entitled on request to be informed about the information that we collect about you. Under
Sections 552.021 and 552.023 of the Texas Government Code, you also are entitled to receive and review the
information. Under Section 559.004 of the Government Code, you are also entitled to have us correct information
about you that is incorrect. For inquiries call 512-416-3048.
NOTE: To be executed in duplicate and supported by Municipal Maintenance Ordinance/Resolution and City
Secretary Certificate.
Page 8 of 8
CITY OF BEAUMONT, TEXAS
Jefferson County
Exhibit "A"
Non-Controlled Access Highways
I. State Maintained:
A. U.S. 90: from the west city limits to I.H. 10
B. State Highway 105: from the west city limits to U.S. 69,96,287
C. State Highway 124: from the west city limits to U.S. 69,96,287
D. State Highway 347: from Spur 380 to the south city limits
E. Farm-to-Market 364: from Tram Road to S.H. 124
F. Spur 380: from S.H. 347 to Alabama Street; Villiva Street to Irving Street;
Neches and Easy Streets to Evalon; Evalon to I.H 10; Evalon along Gulf to
I.H. 10.
G. Spur 93: from U.S. 69,96,287 to the city limits at the LNVA Canal; from
the city limits 2.075 miles south of the LNVA Canal to the south city limits
just north of F.M. 3514.
II. City Maintained:
_ U.S. 90: College Street, from I.H. 10 to Organs Street; along Orleans
Street to Pearl Street; along Pearl Street to the north right-of-way line of
North Street to Laurel and Park Streets; along Park Street to College Street.
CITY OF BEAUMONT, TEXAS
Jefferson County
Exhibit `B"
Controlled Access Highways
I. State Maintained
A. I.H. 10: from the west city limits to the east city limits
B. U.S. 90: from the north right-of-way line of North Street north to I.H. 10.
C. U.S. 69,96,287: from the south end of Pine Island Bayou Bridge to the
north junction with I.H. 10. The south junction with I.H. 10 to the south
city limits.
D. Spur 380: from Alabama Street to Villiva Street; Irving Street to Neches
and Easy Streets.
II. City Maintained
NONE
THE STATE OF TEXAS §
THE COUNTY OF TRAVIS §
AMENDMENT TO MUNICIPAL MAINTENANCE AGREEMENT FOR THE
FURNISHING, INSTALLING, OPERATION AND MAINTENANCE
OF CAMERAS ON STATE HIGHWAY RIGHTS-OF-WAY TO MONITOR
COMPLIANCE WITH TRAFFIC-CONTROL SIGNALS
THIS AMENDMENT is made by and between the State of Texas, acting through the Texas
Department of Transportation, hereinafter called the "State", and the City of , hereinafter
called the "City", acting by and through its duly authorized officers.
WITNESSETH
WHEREAS, the State owns and maintains a system of highways and roadways in the City of
pursuant to Transportation Code, Section 201.103; and
WHEREAS, the State and the City executed a Municipal Maintenance Agreement on ;
and
WHEREAS, the City has requested permission to install cameras on state highway rights-of-
way to monitor compliance with traffic-control signals, hereinafter referred to as "camera
monitoring equipment", at the locations listed on Exhibit A attached hereto and made a part of
hereof; and
WHEREAS, the State has determined that when the City's installation of camera monitoring
equipment will not damage the highway facility, impair safety, impede maintenance, or in any
way restrict the operation of the highway, the proposed camera monitoring equipment may be
installed by the City or its contractor;
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and
agreements of the parties hereto to be by them respectively kept and performed as hereinafter
set forth, it is agreed as follows:
AMENDMENT
ARTICLE 1. CONTRACT PERIOD
This amendment becomes effective on final execution by the State and shall remain in effect as
long as said camera monitoring equipment is in operation at the described locations.
ARTICLE 2. TERMINATION
This amendment may be terminated by one of the following conditions-
1) By mutual agreement of both parties;
2) By the State giving written notice to the City as consequence of failure by the City or its
contractor to satisfactorily perform the services and obligations set forth in this
amendment, with proper allowances being made for circumstances beyond the control of
the City or its contractor. The State's written notice to the City shall describe the default
and the proposed termination date. If the City cures the default before the proposed
termination date, the proposed termination is ineffective; or
3) By either party upon thirty (30) days written notice to the other.
Termination of this amendment shall not serve to terminate the underlying Municipal
Maintenance Agreement between the State and the City.
ARTICLE 3. COMPENSATION
No compensation shall be paid for this amendment.
ARTICLE 4. PERSONNEL, EQUIPMENT, AND MATERIAL
A. The City will use labor and supervisory personnel employed directly by the City or its
contractor, and use City owned or contractor owned machinery, equipment, and vehicles
necessary for the work. In the event that the City or its contractor does not have the
machinery, equipment, and vehicles necessary to perform the work, the machinery,
equipment, and vehicles may be rented or leased as necessary.
B. No reimbursement shall be paid-for any materials supplied by the City or its contra::tor.
C. Any adjustment, replacement, or reinstallation of the camera monitoring equipment due to
reconstruction or alteration of the intersection shall be performed by the City at the City's
expense. The State will work with the City to provide adequate notice of any planned work
to allow for the necessary modification or removal.
D. All installation or maintenance work performed by the City or its contractor requiring traffic
control shall be performed in accordance with the Texas Manual on Uniform Traffic Control
Devices.
ARTICLE 5. INSPECTION OF WORK
A. The City or its contractor will furnish the State a complete set of design drawings and
installation plans for review. The installation plans shall include all electrical, electronics,
signing, civil and mechanical work pertaining to the camera monitoring equipment.
B. The State reserves the right to inspect and request modification of any camera monitoring
equipment under this agreement both prior to and after installation. No installation may
occur until the State has approved the proposed installation.
C. The State reserves the right to inspect and approve the completed installation.
D. The State will promptly notify the City or its contractor of any failure of materials, equipment,
or installation methods, and the City or its contractor will take such measures necessary to
obtain acceptable systems components and installation procedures without delay.
ARTICLE 6. RESPONSIBILITIES OF THE PARTIES
The parties agree that neither party is an agent, servant, or employee of the other party and
each party agrees it is responsible for its individual acts and deeds as well as the acts and
deeds of its contractors, employees, representatives, and agents. The State shall not be held
responsible for the operation (or non-operation) of the camera monitoring equipment or for any
effect it may have.
The City is responsible for any damage that may occur to state equipment during the
installation, maintenance or operation of the camera monitoring equipment. The City is
responsible for maintaining the camera monitoring equipment and related signing in good
working order and keeping such equipment free from graffiti.
ARTICLE 7. DE-ACTIVATION OF CAMERA MONITORING EQUIPMENT
The State reserves the right to disconnect and remove camera monitoring equipment from the
traffic signals should any problem arise affecting the State. The State will notify the appropriate
City office of the de-activation of the camera monitoring equipment. Upon correction of the
problem, the City may reconnect the camera monitoring equipment.
ARTICLE 14. NOTICES
All notices to either party by the other required under this amendment shall be delivered
personally or sent by certified or U.S. mail, postage prepaid, addressed to such party at the
following respective addresses:
City: State:
All notices shall be deemed given on the date so delivered or so deposited in the mail, unless
otherwise provided herein. Either party hereto may change the above address by sending
written notice of such change to the other in the manner provided herein.
ARTICLE 15. GOVERNING LAWS AND VENUE
This amendment shall be construed under and in accordance with the laws of the State of
Texas. Any legal actions regarding the parties' obligations under this agreement must be filed in
Travis County, Texas.
ARTICLE 16. PRIOR AGREEMENTS SUPERSEDED
This amendment constitutes the sole and only agreement of the parties hereto and supersedes
any prior understandings or written or oral agreements between the parties respecting within the
subject matter.
ARTICLE 17. REVISIONS TO EXHIBIT A
Revision to the locations listed in Exhibit A may be made if submitted in writing by the City and
initialed by both parties.
IN WITNESS WHEREOF, the State and the City have signed duplicate counterparts of this
agreement.
THE CITY OF
Executed on behalf of the City by:
By Date
Typed or Printed Name and Title
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for
the purpose and effect of activating and/or carrying out the orders, established policies or work
programs heretofore approved and authorized by the Texas Transportation Commission.
By Date
District Engineer
3
March 25, 2008
Consider approving a contract for temporary personnel services
City Council Agenda Item
c..l
A ` ' K,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council consider award of a contract for temporary personnel
services.
RECOMMENDATION
Administration recommends the award of an annual contract to Personnel Staffing of Beaumont,
Texas and Consultants Group International of Port Arthur, Texas for providing temporary
employees.
BACKGROUND
Eleven (11) companies submitted bids for an annual contract to provide temporary employees to
fill business office positions, skilled and unskilled laborers, and Licensed Vocational Nurses
(LVN). Temporary employees are necessary for various job positions throughout the City when
vacancies occur due to events such as medical leave, vacations, or short term projects.
Specifications for the contract require temporary staffing agencies to provide pre-screened and
qualified individuals on an on-call and as-needed basis. Temporary employees must pass a drug
screen and a criminal background search prior to being assigned to the City. Criminal
background information to be considered is available to the public through the Texas
Department of Public Safety's Crime Records Division. The contract specifications requested
firm hourly prices inclusive of wages, benefits, testing, screening, workers' compensation, taxes,
and agency fees.
Administration recommends awarding the contract for office positions, skilled and unskilled
laborers to Personnel Staffing of Beaumont at the hourly rates indicated below. The agency has
consistently provided pre-screened qualified individuals to fill frequent temporary positions
during prior contracts with the City. Administration recommends awarding the contract for
Licensed Vocational Nurses to Consultants Group International of Port Arthur, Texas. This is
the first year the position of LVN has been submitted for bids. This agency has not done
business with the City in the past.
Contract award for Personnel Services
March 25, 2008
Page 2
Office I Office II Skilled Unskilled LVN
Laborer Laborer
Vendor
Hourly Rate Hourly Rate Hourly Rate HourIv Rate HourIv Rate
Consultants Group Int'1 $11.70 $14.30 $19.50 $13.00 $19.50
Port Arthur, TX
Personnel Staffing $9.80 $10.50 $11.20 $10.50 $21.00
Beaumont, TX
TMG (The Moore Group) $15.00 $18.00 $18.00 $13.00 $28.00
Houston, TX
Lofton Staffing Service $12.42 $13.11 $12.42 $11.73 No Bid
Beaumont, TX
Executive Personnel $17.78 $22.23 $24.45 $15.56 $34.82
Services
Washington, DC
Advanced Temporaries $10.25 $13.20 $15.50 $11.00 $36.00
Houston, TX
Willstaff Worldwide $9.84 $12.19 $13.43 $10.89 No Bid
Port Arthur, TX
Advanced Staffing, Inc. $10.40 $11.70 $13.50 $12.00 $24.00
Beaumont, TX
DiverseStaff, Inc. $14.17 $20.25 $20.25 $12.15 $21.80
Port Arthur, TX
American Personnel $11.48 $12.84 $14.78 $12.42 No Bid
Beaumont, TX
Cooper Group Staffing $11.12 $12.51 $13.41 $11.92 No Bid
Beaumont, TX
The rates from Personnel Staffing did not increase from the previous contracted rates.
Contract award for Personnel Services
March 25, 2008
Page 3
BUDGETARY IMPACT
Funds are available in each Department/Division's budget for temporary personnel.
RESOLUTION NO.
WHEREAS, bids were solicited for an annual contract to provide temporary
personnel services; and,
WHEREAS, Personnel Staffing of Beaumont and Consultants Group International
of Port Arthur, Texas, submitted bids in the hourly rates shown below:
Skilled Unskilled
Personnel Staffing Office I Office II Laborer Laborer
Beaumont, TX Hourly Hourly Hourly Hourly
$9.80 $10.50 $11.20 $10.50
LVN
Consultants Group Int'I
Port Arthur, TX Hourly
$19.50
and,
WHEREAS, City Council is of the opinion that the bids submitted by Personnel
Staffing of Beaumont and Consultants Group International of Port Arthur, Texas, as shown
above should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by Personnel Staffing of Beaumont and Consultants Group
International of Port Arthur, Texas, for an annual contract to provide temporary personnel
services in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
4
March 25, 2008
Consider authorizing the City Manager to execute Amendment No. 1 to the Advance Funding
Agreement for the Old Dowlen Road Project
117wi City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
T.LD-
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council authorize the City Manager to execute Amendment
No. 1 to the Advance Funding Agreement for the Old Dowlen
Road Project.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute Amendment No. 1 to the
Advance Funding Agreement for the Old Dowlen Road Project.
BACKGROUND
The Texas Department of Transportation(TxDOT) recently notified the City that the design of the
Old Dowlen Road Project would not begin until September 1, 2008, at the earliest, due to funding
limitations. Although TxDOT had intended to administer architectural and engineering services for
the project, it was mutually agreed to assign the administration of these responsibilities to the City
in order to eliminate this delay. Upon execution of the amendment by the City and TxDOT,the City
will begin the process to select an engineering firm to design the project. All other provisions of the
Advanced Funding Agreement remain unchanged.
BUDGETARY IMPACT
Funds for the project are available in the Capital Program.
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 Amendment No. 1 to
the Advance Funding Agreement for the Old Dowlen Road Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -
5
March 25, 2008
Consider authorizing the City Manager to execute Change Order No. 1 for the Beaumont
Municipal Transit Compressed Natural Gas Fueling Station
City Council Agenda Item
� ` K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 25, 2008
REQUESTED ACTION: Council authorize the City Manager to execute Change Order
No. 1 in the amount of$45,828 with Pinnacle CNG Company
for the Beaumont Municipal Transit Compressed Natural Gas
Fueling Station.
RECOMMENDATION
Administration recommends Council authorize the City Manager to execute Change Order No. 1 in
the amount of $45,828 with Pinnacle CNG Company for the Beaumont Municipal Transit
Compressed Natural Gas(CNG)Fueling Station.
BACKGROUND
The City received Texas Emission Reduction Program(TERP)and Congestion Mitigation and Air
Quality(CMAQ)funding to construct a compressed natural gas(CNG)fueling facility at Beaumont
Municipal Transit. The TERP and CMAQ funding is in the amount of$472,600 and $1,750,000,
respectively. The City's required matching share of the project is$437,500. The difference between
the cost of the fueling station($2,068,950)and the total funding available($2,660,100)is$591,150
and will be used to purchase CNG over the next several years.
Change Order No. 1 includes the installation of underground electrical service from Entergy's point
of service to the fueling station, the purchase and installation of a second CNG fuel dispenser and
modifications to the existing fuel island. The cost for each item is provided below:
Underground Electrical Service $ 15,523.07
CNG Dispenser 22,612.62
Fuel Island Modifications 7,692.31
Total $45,828.00
BUDGETARY IMPACT
CMAQ funds are available for Change Order No. 1. The use of these funds will decrease the funds
available for future CNG purchases.
RESOLUTION NO.
WHEREAS, on March 28, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-093 awarding a bid to Pinnacle CNG Company, Midland,Texas,
for furnishing all labor, materials, supplies and equipment to design and build a Beaumont
Municipal Transit Compressed Natural Gas (CNG) Fueling Facility in the amount of
$2,068,950; and,
WHEREAS, Change Order No. 1 is necessary for the installation of underground
electrical service from Entergy's point of service to the fueling station, the purchase and
installation of a second CNG fuel dispenser and modifications to the existing fuel island,
increasing the contract amount by $45,828 thereby increasing the total contract amount
to $2,114,778.
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 No. 1
increasing he
g contract amount by $45,828 for a total amount of $2,114,778 for the
Beaumont Municipal Transit Compressed Natural Gas Fueling Station.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
March, 2008.
- Mayor Becky Ames -