HomeMy WebLinkAboutPACKET AUG 10 2010 RICH WITH OPPORTUNITY
T • E • % • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 10,2010 1:30 P.M.
CONSENT AGENDA
* Approval of minutes -August 3, 2010
* Confirmation of committee appointments
A) Approve Change Order No. 3 for the Downtown Brick Paver Sidewalk Project 2008
B) Approve an agreement for calculation services related to Build America Bonds
C) Authorize the acceptance of a Water Line Easement to provide water and fire protection
services for Homer Elementary School located at 8950 Homer Drive
D) Authorize an application for, and acceptance of, funding from the Texas Comptroller's
office for Tobacco Compliance
A
RICH WITH OPPORTUNITY
117A[ ; ( City Council Agenda Item
T - E - X A S
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: August 10, 2010
REQUESTED ACTION: City Council consider a resolution authorizing approval of
Change Order No. 3 for the Downtown Brick Paver
Sidewalk Project 2008.
RECOMMENDATION
The Administration recommends approval of Change Order No. 3 in the amount of$95,340.00
for adding construction item quantities for waterline improvements to the Downtown Brick Paver
Sidewalk Project 2008.
BACKGROUND
On November 11, 2008, City Council awarded Brystar Contracting the contract for the
Downtown Brick Paver Sidewalk Project in the amount of$8,595,437.53. Change Orders No. 1
and 2 were issued to increase the construction item quantities for roadway and sidewalk
improvements in the amount of$709,314.55 increasing the contract amount to $9,304,752.08.
Change Order No. 3 in the amount of$95,340.00 is required to increase construction quantities
for the installation of a new waterline in Fannin Street from Orleans to Neches, increasing the
contract amount to $9,400,092.08. A copy of the change order is attached.
BUDGETARY IMPACT
Funds are available in the Capital Program.
CITY OF BEAUMONT
DATE: July 7,2010
PROJECT: Downtown Brick Paved Sidewalk Project 2008
OWNER: City of Beaumont
CONTRACTOR: BRYSTAR CONTRACTING
CHANGE ORDER NO.: 3
T.' xro E?lalf)rl+ti3 CI�J4PI RS EDt`1IxE PT+I�#$AlYII 1IZ It' i YI# ,>' Y'Ilk:
Add all construction items to the contract outlined below:
Item No. Item Code Description Unit Original New
P uanti uantit Total/Amount
810 1 FURNISH AND INSTALL 12"C-900 WATERLINE(OPEN TRENCH OR
DIRECTIONAL F 0 812 $55.00 $44,660.00
NAL DRILL)
810 2 FURNISH AND INSTALL 8"C-900 WATERLINE(OPEN TRENCH OR
DIRECTIONAL DRILL) LF 0 20 $50.00 $1,000.00
810 3 FURNISH AND INSTALL 6"C-900 WATERLINE(OPEN TRENCH OR DIRECTIONAL DRILL) LF 0 120 $45.00 $5,400.00
810 4 FURNISH AND INSTALL 2"TUBING LF 0 100 $25.00 $2,500.00
810 $ FURNISH&INSTALL 12"X 8"REDUCER EA 0 1 $500.00 $500.00
810 6 FURNISH&INSTALL 12"90 DEGREE BEND EA 0 2 $630.00 $1,260.00
810 7 FURNISH&INSTALL I2"X6"TEE EA 0 7 $670.00 $4,690.00
810 8 FURNISH&INSTALL 6"HYMAX COUPLING EA 0 4 $400.00 $1,600.00
810 9 FURNISH&INSTALL a•CAP EA 0 1 $250.00 $250.00
810 10 FURNISH&INSTALL 12"X 2"SADDLE WITH CORP EA 0 3 $560.00 $1,680.00
810 11 FURNISH&INSTALL 2"COMPRESSION COUPLING EA 0 3 $300.00 $900.00
810 12 FURNISH&INSTALL 6"X6"TEE EA 0 1 $380.00 $380.00
810 13 FURNISH&INSTALL FIRE HYDRANT ASSEMBLY(VALVE,GRAD-
LOC,FIREHYDRANT) EA 0 3 $3,800.00 $11,400.00
810 14 FURNISH&INSTALL 6"GATE VALVE EA 0 3 $850.00 $2,550.00
810 15 FURNISH&INSTALL 12"GATE VALVE EA 0 1 $2,350.00 $2,350.00
340 1 HOTMIX TY D OR TY A(ASPHALT STABILIZED BASE)(6'X3'WIDE
TRENCH) LF 0 900 $15.00 $13,500.00
9001 1 REMOVE AND REPLACE BRICK PAVERS SF 0 60 $12.00 $720.00
TOTAL: $95,340.00
ORIGINAL CONTRACT AMOUNT: $8,595,437.53
NET FROM PREVIOUS CHANGE ORDERS NO.I&2: $9,304,752.08
TOTAL AMOUNT OF THIS CHANGE ORDER: $95,340.00
PERCENT OF THIS CHANGE ORDER: 1.11%
TOTAL PERCENT CHANGE ORDER TO DATE: 9.36%
NEW CONTRACT AMOUNT: $9,400,092.08
"CONTRA °t icxt DAR iAU NO-ft FE '£L33:.811 l�l€S GF7A1dGE 0Rt3ER
ACCEPTED BY:
CONTRACTOIZ-
APPROVED BY:
JORIS P.COLBERT,CITY ENGINEER
TOM WARNER,DIRECTOR OF PUBLIC WORKS
KYLE HAVES,CITY MANAGER
ATTESTED BY:
TINA BROUSSARD,CITY CLERK
RESOLUTION NO.
WHEREAS, on November 4, 2008,the City Council of the City of Beaumont, Texas,
passed Resolution No. 08-297 awarding a contract in the amount of $8,595,437.53 to
Brystar Contracting of Beaumont, Texas, for a contract for the Downtown Brick Paved
Sidewalks and Drainage Improvements (Park from Crockett to College, Neches from
Liberty to College, North Pearl from Calder to North Street, College from Neches to Pearl,
Wall from Neches to Orleans, Forsythe from Neches to Pearl, Fannin from Neches to
Orleans, Bowie from Neches to Pearl, Liberty from Magnolia to Pearl, and Broadway from
Magnolia to Pearl); and,
WHEREAS, Change Order No. 1 in the amount of$337,559 was required to install
storm sewer pipe capturing all roof drainage from the Goodwill and Municipal Court
buildings and the reconstruction of the Municipal Court parking area to eliminate water
entering the building through weep holes, thereby increasing the contract amount to
$8,932,996.53; and
WHEREAS, Change Order No. 2 in the amount of$371,755.55 was required to add
construction item quantities for brick sidewalk improvements for Neches Street (College
Street to the railroad tracks), south side of College Street(Neches Street to Trinity Street)
and Crockett Street(Park Street to Orleans Street),thereby increasing the contract amount
to $9,304,752.08; and
WHEREAS, Change Order No. 3 in the amount of $95,340.00 is required to
increase construction quantities for the installation of new waterline in Fannin Street from
Orleans to Neches, thereby increasing the contract amount to $9,400,092.08;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the City Manager is hereby authorized to execute Change Order No. 3 in the
amount of$95,340.00, thereby increasing the contract amount to $9,400,092.08.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
r
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider approving an agreement for calculation
services related to Build America Bonds.
RECOMMENDATION
Administration recommends authorizing the City Manager to enter into a calculation agency
agreement with The Bank of New York Mellon Trust Company, N.A., related to the Build
America Bonds.
BACKGROUND
The American Recovery and Investment Act of 2009 authorized cities to issue taxable bonds to
finance capital expenditures and to elect to receive a subsidy payment from the federal
government equal to 35%of each interest payment on such taxable bonds. Council approved the
issuance of$19,040,000 Waterworks and Sewer System Revenue Bonds, Taxable Series 2010B
(Build America Bonds) on July 13, 2010. Under the proposed agreement, The Bank of New
York Mellon Trust Company, N.A., will perform the necessary calculations, complete the
required forms, and most importantly ensure compliance with all related regulations that pertain
to the Build America Bonds and 35% subsidy.
A draft agreement is attached for your review.
BUDGETARY IMPACT
The annual fee for these services is$750 and is budgeted in the Water Fund.
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 enter into a calculation agency
agreement with the Bank of New York Mellon Trust Company, N.A., substantially in the
form attached hereto as Exhibit "A," related to the issuance of $19,040,000 Waterworks
and Sewer System Revenue Bonds, Taxable Series 2010B (Build America Bonds)on July
13, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
DRAFT
CALCULATION AGENCY AGREEMENT
This Calculation Agency Agreement (the "Agreement"), entered into as of the _day
of , 2010 by and between the City of Beaumont, Texas (the "Issuer") and The Bank of
New York Mellon Trust Company, N.A., a national banking association , as paying agent
(the "Calculation Agent") pursuant to that certain Bond Order dated _ , 2010 (the
"Authorization"),
WITNESSETH:
WHEREAS, the Issuer authorized the issuance of its Bonds described in Exhibit A
attached hereto (the "Bonds") pursuant to the Authorization; and
WHEREAS, the Issuer is authorized to enter into this Agreement with the Calculation
Agent for the preparation and submittal of Internal Revenue Service Forms 8038-CP in
connection with credit payments with respect to such Bonds payable pursuant to the American
Recovery and Reinvestment Act of 2009; and
WHEREAS, the Issuer has determined that it is desirable and in the best interests of
the Issuer to provide for the deposit with the Calculation Agent of payments received from the
federal government resulting from the filing of Form 8038-CP in connection with the Bonds,
to be held on behalf of the Issuer and to be invested solely in investments authorized under
applicable law, as determined by the Issuer.
NOW, THEREFORE, intending to be legally bound, the Issuer and the Calculation
Agent agree as follows:
Section 1. Appointment and Acceptance. The Issuer hereby appoints The Bank of
New York Mellon Trust Company, N.A. as calculation agent for the Bonds, and the
Calculation Agent accepts such appointment, acknowledging the duties, obligations and
responsibilities of the Calculation Agent as set forth herein.
Section 2. Documents to be Filed with the Calculation Agent. The Issuer shall
provide to the Calculation Agent in connection with its appointment hereunder, (i) a copy of
the executed Form 8038-B filed in connection with the issuance of the Bonds, (ii) an
incumbency certificate listing the officers of the Issuer authorized to act on behalf of the
Issuer under this Agreement and (iii) such other instruments, opinions and certificates as the
Calculation Agent may reasonably request.
Section 3. Duties of the Calculation Agent. The Calculation Agent shall act as
calculation agent for the Bonds and in such capacity it shall:
(i) not less than 45 and not more than 90 days prior to each interest payment date
for the Bonds" perform the calculations necessary to complete Form 8038-CP
requesting payment of a credit equal to 35% of the interest payable on the
Bonds for the period ending on each such interest payment date;
EXHIBIT "A"
(ii) secure the signature of an authorized officer of the Issuer on such Form 8038-
CP,
(iii) file each Form 8038-CP with the Department of the Treasury at the Internal
Revenue Service Center, Ogden, Utah 84201-0020 (unless notified by the
Issuer or the Internal Revenue Service in writing of a change of address
therefor) not less than 45 and not more than 90 days prior to each interest
payment date for the Bonds; and
Section 4. Establishment of Account. The initial authorized officer of the Issuer for
all purposes of this Agreement shall be the officer of the Issuer identified in Section 8 hereof.
The Calculation Agent shall, on each 8038CP, request that all amounts requested pursuant to
each such 8083CP be directed to the Prior Lien Interest & Sinking account within the Issuer's
water fund (the "Account").
Section 5. Compensation; Indemnification. The Issuer agrees to pay the
Calculation Agent fees as set forth in �t �,tk 1 attached hereto and made a part hereof. If
the Calculation Agent is made a party to or intervenes in any litigation pertaining to this
Agreement, the Calculation Agent shall be compensated reasonably by the Issuer and
reimbursed for any and all claims, liabilities, losses, damages, fines, penalties, and expenses,
including out-of-pocket and incidental expenses and legal fees occasioned thereby, unless
such litigation is attributed to the Calculation Agent's own negligence or willful misconduct.
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Section 6. Instructions From the Issuer; Advice of Counsel. At any time the
Calculation Agent may apply to any duly authorized representative of the Issuer for
instructions, and shall have the right, but not the obligation, to consult with counsel of its
choice at the reasonable expense of the Issuer and shall not be liable for action taken or
omitted to be taken either in accordance with such instruction or such advice of counsel, or in
accordance with any opinion of counsel to the Issuer addressed to the Calculation Agent.
Section 7. Concerning the Calculation Agent. The Calculation Agent shall have
only those duties as are specifically provided herein, which shall be deemed purely ministerial
in nature, and shall have the right to perform any of its duties hereunder through agents,
2
attorneys, custodians or nominees. The Calculation Agent shall neither be responsible for,
nor chargeable with, knowledge of the terms and conditions of any other agreement,
instrument or document in connection herewith, including without limitation the Indenture.
The Calculation Agent shall not be answerable for other than its gross negligence or willful
misconduct. The Calculation Agent shall have no responsibility for (i) the payment of debt
service with respect to the Bonds or (ii) any diminution in value of any assets held hereunder
which may result from any investments or reinvestment made in accordance with any
provision which may be contained herein. The Calculation Agent shall be protected in acting
upon any paper or document believed by it to be genuine and to have been signed by the
proper person or persons and shall not be held to have notice of any change of authority of
any person, until receipt of written notice thereof' from the Issuer, The Calculation Agent
shall not be under any obligation to prosecute any action or suit in respect of the agency
relationship which, in its sole judgment, may involve it in expense or liability. In any action
or suit the Issuer shall, as often as requested, reimburse the Calculation Agent for any expense
or liability growing out of such action or suit by or against the Calculation Agent in its agency
capacity; provided, however, that no such reimbursement shall be made for any expense or
liability arising as a result of Calculation Agent's gross negligence or willful misconduct. The
Calculation Agent's liability with respect to matters relating to its performance as Calculation
Agent shall be limited to an amount equal to the amount of its annual administration fee.
The Calculation Agent shall not be responsible or liable for any failure or delay in the
performance of its obligation under this Agreement arising out of or caused, directly or
indirectly, by circumstances beyond its reasonable control, including, without limitation, acts
of God; earthquakes; fire; flood; wars; terrorism; military disturbances; sabotage; epidemic;
riots; interruptions; loss or malfunctions of utilities, computer (hardware or software) or
communications services; accidents; labor disputes; acts of civil or military authority or
governmental action; it being understood that Calculation Agent shall use commercially
reasonable efforts which are consistent with accepted practices in the banking industry to
resume performance as soon as reasonably practicable under the circumstances.
Anything in this Agreement to the contrary notwithstanding, in no event shall the
Calculation Agent be liable for special, punitive, indirect or consequential loss or damage of
any kind whatsoever (including but not limited to lost profits), even if the Calculation Agent
has been advised of the likelihood of such loss or damage and regardless of the form of
action.
The Calculation Agent agrees to accept and act upon instructions or directions pursuant
to this Agreement sent by unsecured e-mail, facsimile transmission or other similar unsecured
electronic methods, provided, however, that the Issuer shall provide to the Calculation Agent
an incumbency certificate listing designated persons authorized to provide such instructions,
which incumbency certificate shall be amended whenever a person is to be added or deleted
from the listing. If the Issuer elects to give the Calculation Agent e-mail or facsimile
instructions (or instructions by a similar electronic method) and the Calculation Agent in its
discretion elects to act upon such instructions, the Calculation Agent's understanding of such
instructions shall be deemed controlling. The Calculation Agent shall not be liable for any
losses, costs or expenses arising directly or indirectly from the Calculation Agent's reliance
3
upon and compliance with such instructions notwithstanding such instructions conflict or are
inconsistent with a subsequent written instruction. The Issuer agrees to assume all risks
arising out of the use of such electronic methods to submit instructions and directions to the
Calculation Agent, including without limitation the risk of the Calculation Agent acting on
unauthorized instructions, and the risk or interception and misuse by third parties.
Any banking association or corporation into which the Calculation Agent may be
merged, converted or with which the Calculation Agent may be consolidated, or any banking
association or corporation resulting from any merger, conversion or consolidation to which
the Calculation Agent shall be a party, or any banking association or corporation to which all
or substantially all of the corporate trust business of the Calculation Agent shall be
transferred, shall succeed to all the Calculation Agent's rights, obligations and immunities
hereunder without the execution or filing of any paper or any further act on the part of the
parties hereto, anything herein to the contrary notwithstanding.
Section 10. Notices. Until changed by notice in writing, communications between
the parties shall be delivered to:
If to Issuer:
Attn: Ms. Laura Clark
Chief Financial Officer
City of Beaumont, Texas
P O Box 3827
Beaumont, Texas 77704
If to the Calculation Agent:
The Bank ol'New York Mellon Trust Company, N.A.
601 Travis Street, Floor 16
Houston, TX 77002
Attn: Public Finance
Telephone No.: (7I3) 483-6529
Facsimile N.: (713) 483-6979
Section 11. Destruction of Records, Instruments and Papers. The Calculation
Agent may retain in its files records, instruments, and papers maintained by it in relation to its
agency as long as the Calculation Agent shall consider that such retention is necessary.
Section 12. Resignation or Removal of Calculation Agent. Any time, other than on
a day during the sixty (60) day period preceding any periodic payment date for Issuer's
Bonds, the Calculation Agent may resign by giving at least forty-five (45) days' prior written
notice to Issuer; and the Calculation Agent's agency shall be terminated and its duties shall
cease upon expiration o1' such forty-five (45) days or such lesser period of time as shall be
4
mutually agreeable to Calculation Agent and Issuer. At any time, following at least sixty (60)
days' prior notice (or such lesser period of time as shall be mutually agreeable to the
Calculation Agent and the Issuer) the Calculation Agent may be removed from its agency by
the Issuer. Such removal shall become effective upon the expiration of the sixty (60) day or
agreed lesser time period, and upon payment to the Calculation Agent of all amounts payable
to it i}�-tit t rr-��itk + �for worked accomplished at the time of removal. In such
event, the Calculation Agent shall deliver to the Issuer copies of pertinent records then in the
Calculation Agent's possession which are reasonably requested by the Issuer.
Section 13. Effectiveness and Term. This Agreement shall remain in effect and the
agency established by the Agreement shall continue until (i) terminated by mutual agreement
of Issuer and Calculation Agent, (ii) the resignation or removal of Calculation Agent pursuant
to Section 12 hereof, or (iii) after all Bonds have been retired or defeased.
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Section 1 14. Conflict with [Indenture / Authorization]. In the event of a conflict
between the provisions of this Agreement and 'those of the Authorization, the terms of the
Authorization shall govern.
Section 44; 15. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of"texas.
5
IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed
by their duly authorized officers as of the date first above written.
[Issuer]
By-------- ----.
Name:
Title:
The Funk of New York Mellon Trust
Company, N.A., as [trustee /paying
agent]
By— --- --- —--
Name:
Title:
6
EXHIBIT A
DESCRIPTION OF BONDS
The City of Beaumont, "Texas, Waterworks and Sewer System Revenue Bonds, Taxable
Series 20108 (Build America Bonds - Direct Payment to Issuer)
7
EXHIBIT B
FEE SCHEDULE
Calculation Agent
For Preparation of Form 8038-CP
(See Attached)
8
BNY MELLON
CORPORATE TRUST
Fee Schedule
The City of Beaumont, Texas Waterworks and Sewer System Revenue Refunding
Bonds, Taxable Series 2010B (Build America Bonds -Direct Payment to Issuer)
Ap. w axy
Fee ee
A one-time charge covering the Bank Officer's review of governing documents, communication with members
of the closing party, including representatives of the issuer, investment banker(s)and attorney(s), establishment
of procedures and controls, set-up of trust accounts and tickler suspense items and the receipt and
disbursement/investment of bond proceeds. This fee is payable on the closing date.
rq
,.Annual P*Y'gigA Agent ee
An annual charge covering the normal paying agent duties related to account administration and bondholder
services.Our pricing is based on the assumption that the bonds are DTC-eligible/book-entry only. If the bonds
are certificated or physical, then we will have to charge an additional $1000 per year as a paying agent. This
fee is payable annually, in advance.
?
.3 v,
�tnnual Calculation Agent.feq%,�
L F� `4 %
This annual fee includes Calculation Agent Services for the preparation and submittal of Internal Revenue'
Service Forms 8038-CP in connection with credit payments with respect to such fonds payable pursuant to the
American Recovery and Reinvestment Act of 2009. This annual fee is payable at the time of closing and
yearly thereafter.
Etraaxy siivicesfmig :.z
rai
The charges for performing extraordinary or other services not contemplated at the time of the execution of the
transaction or not specifically covered elsewhere in this schedule will be commensurate with the service to be
provided and may be charged in BNY Mellon's sole discretion. If it is contemplated that the Trustee hold
and/or value collateral or enter into any investment contract, forward purchase or similar or other agreement,
additional acceptance, administration and counsel review fees will be applicable to the agreement governing
such services. If the bonds are converted to certificated form, additional annual fees will be charged for any
applicable tender agent and/or registrar/paying agent services. Additional information will be provided at such
time. Should this transaction terminate prior to closing, all out-of-pocket expenses incurred, including legal
fees, will be billed at cost. If all outstanding bonds of a series are defeased or called in full prior to their
maturity, a termination fee may be assessed at that time.
These extraordinary services may include, but are not-limited to, supplemental agreements, consent operations,
unusual releases, tender processing, sinking fund redemptions, failed remarketing processing,the preparation
of special or interim reports, custody of collateral, a one-time fee to be charged upon termination of an
engagement. Counsel, accountants, special agents and others will be charged at the actual amount of fees and
expenses billed, UCC filing fees, money market sweep fees, auditor confirmation fees, wire transfer fees,
transaction fees to settle third-party trades and reconcilement fees to balance trust account balances to third-
party investment provider statements
2001 Bryan—11'"Floor Dallas,TX 75201.
BNY MELLON
CORPORATE TRUST
Annual fees include one standard audit confirmation per year without charge. Standard audit confirmations
include the final maturity date, principal paid,principal outstanding, interest cycle, interest paid,cash and asset
information, interest rate, and asset statement information. Non-standard audit confirmation requests maybe
assessed an additional fee. Periodic tenders, sinking fund, optional or extraordinary call redemptions will be
assessed at$300 per event.FDIC or other governmental charges will be passed along to you as incurred.
Terms and Disclosures
Terms of Proposal
Final acceptance of the appointment under the Indenture is subject to approval of authorized officers of BNYM
and full review and execution of all documentation related hereto. Please note that if this transaction does not
close,you will be responsible for paying any expenses incurred, including Counsel Fees. We reserve the right
to terminate this offer if we do not enter into final written documents within three months from the date this
document is first transmitted to you. Fees maybe subject to adjustment during the life of the engagement.
Customer Notice Required by the USA Patriot Act
To help the US government fight the funding of terrorism and money laundering activities, US Federal law
requires all financial institutions to obtain, verify, and record information that identifies each person(whether
an individual or organization)for which a relationship is established.
What this means to you: When you establish a relationship with BNYM, we will ask you to provide certain
information (and documents) that will help us to identify you. We will ask for your organization's name,
physical address, tax identification or other government registration number and other information that will
help us to identify you. We may also ask for a Certificate of Incorporation or similar document or other
pertinent identifying documentation for your type of organization.
We thank you for your assistance.
2001 Bryan—1 I"'Floor-130as,TX 75201
c
RICH WITH OPPORTUNITY
r
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider authorizing the acceptance of a Water
Line Easement.
RECOMMENDATION
The Administration recommends acceptance of a Water Line Easement to provide water and fire
protection services for Homer Elementary School located at 8950 Homer Drive.
BACKGROUND
Beaumont Independent School District has agreed to convey a 10 foot wide exclusive Waterline
Easement to the City of Beaumont. The easement, out of the J. S. Marble Survey, will provide
water and fire protection services for Homer Elementary School located at 8950 Homer Drive.
BUDGETARYIMPACT
None.
\enghomer-ib
30 July 2010
RESOLUTION NO.
WHEREAS, Beaumont Independent School District has offered to convey a ten foot
(10') wide water line easement, said easement being out of the J. S. Marble Survey,
Abstract No. 465, as described in Exhibits "A" and "C" and shown on Exhibits "B" and "D"
attached hereto, to the City of Beaumont for the purpose of providing water and fire
protection services for Homer Elementary School located at 8950 Homer Drive; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the easement conveyed by Beaumont Independent School District, as
described in Exhibits "A" and "C" and shown on Exhibits "B" and "D," be and the same is
hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone(409)813-3410
E-MAIL ADDRESS INFO @FAUSTENG.CDM Fax(409)813-3484
2525 Calder Street
Beaumont,Texas 77702
EXHIBIT A
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR A
0.18 ACRE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
J.S. MARBLE SURVEY,ABSTRACT NO.455
BEAUMONT, JEFFERSON COUNTY, TEXAS
lulyl4,2010
Being a 10 foot wide strip of land situated in the J.S. Marble Survey, Abstract No. 465,
Jefferson County,Texas and being out of and part of a called 13.273 acre tract conveyed
to Beaumont Independent School District as recorded in Volume 1248, Page 368 of the
Deed Records of Jefferson County, Texas; said 10 foot wide strip of land being more
particularly described as follows:
COMMENCING at a 1/2" iron rod found on the east right-of-way line of
Homer Drive being the southeast corner of a 0.4661 acre tract conveyed
to the City of Beaumont as recorded in Clerk's File No. 103-41-1774 of
the Official Public Records of Real Property of Jefferson County, Texas, a
point on the south line of said 13.273 acre Beaumont Independent School
tract and the northeast corner of Lot 2, Block 18, of a partial replat of
Unit 2 and a Final Plat of Unit 3 of Suburban Acres as recorded in Volume
10 Page 52 of the Map Records of Jefferson County, Texas,
THENCE North 01°05'00" West along said east right-of-way line of Homer
Drive and the west line of said City of Beaumont tract, a distance of 4.00
feet to a point the POINT OF BEGINNING of the herein described 10 foot
wide easement;
THENCE North 01°05'00" West, along said east right-of-way line of Homer
Drive and the west line of said City of Beaumont tract, a distance of
10.00 feet;
Page I
EXHIBIT "A"
1•:X11113[1 A 2 01`2 LEG 'I.Ou G:XSE.ME."�I'S
THENCE North 89°45'49" East, a distance of 161.09 feet;
THENCE North 00°03'57" West, a distance of 29.00 feet;
THENCE North 89°45'49" East, a distance of 10.00 feet;
THENCE South 00°03'57" East, a distance of 29.00 feet;
THENCE North 89°45'49" East, a distance of 305.23 feet;
THENCE North 31°59'22" East, a distance of 272.24 feet;
THENCE South 58°00'38" East, a distance of 10.00 feet;
THENCE South 31°59'22" West, a distance of 277.76 feet;
THENCE South 89°45'49" West, a distance of 481.68 feet to the POINT OF
BEGINNING and containing 0.18 acres of land, more or less.
This description is based on the survey made by Richard F. Faust, P. E.,
Registered Professional Land Surveyor No. 4782 on April 30, 2009.
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Richard F. Faust, P.E. ............... FAUST
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Registered Professional Land Surveyor No. 4782 <9'O9oF4782o�P O
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EXHIBIT B A
0.17 ACRE
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
S JOHN S. MARBLE SURVEY A-465
10.o0' �\ BEAUMONT, JEFFERSON COUNTY, TEXAS
80'
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RESIDUAL OF 13.273 ACRES 1
VOL. 1248 PG. 368 I�
J.C.D.R.
FOUND
CONCRETE
S 0003 57'"E 29.00" VONUMEiV T
N 89'45'49"E 10.00 I /S 7937'22" c 4304'
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cp NO/VUM£/JT
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SUBURBAN ACRES
A PARTIAL REPLAT OF UNIT 2
K ry^ AND A F114AL PLAT OF UNIT 3
POINT OF h I N ✓OL.10 PG.52
BEGINNING - J.C.M.R.
IIN 0105'00" w 4.00'
N 0110-5100" W �, "OUND 112"
/PON ROD
N 01 05'00" Ian 10.oo COMMENCING
1-101VER DRIVE
DEDlCA TlON /-
HOMER DRIVE FOUND 1 POINT
R.o.�� �\
CLERK'S FIL I' CODE IRoN Roc ,\ S 89:55'14" E 59.44'
'0-47-7 774 R%TFcR£NC£ REARING
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
PREPARED BY:
Date: JULY 14, 2010 OF
G�srFyF'r-
Uj. �.....
RICHARD F.FAUST
......................................................
4782 Q�:Q
C9ENG AND SURVEYING,INC. Q�i �FSS1oy0
2525 EALDER STREE' -- B&\UNUNI, TEXAS 77702 O SUR�_ Li-.6
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°OIL' EXHIBIT "B"
FAUST Engineering and Surveying, Inc.
Professional Engineers and Professional Surveyors Telephone(409)813-3410
E-MAIL ADDRESS INFO @FAUSTENG.COM Fax(409)813-3484
2525 Calder Street
Beaumont,Texas 77702
EXHIBIT C
PAGE 1 OF 2
FIELD NOTE DESCRIPTION
FOR THE CENTERLINE OF A
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT
OUT OF THE
J.S. MARBLE SURVEY,ABSTRACT NO.465
BEAUMONT, JEFFERSON COUNTY, TEXAS
July14,2010
Being a 10 foot wide strip of land situated in the J.S. Marble Survey, Abstract No. 465,
Jefferson County,Texas and being out of and part of a called 13.273 acre tract conveyed
to Beaumont Independent School District as recorded in Volume 1248, Page 368 of the
Deed Records of Jefferson County, Texas; said centerline of the 10 foot wide strip of
land being more particularly described as follows:
COMMENCING at a 1/2" iron rod found on the east right-of-way line of
Homer Drive being the southeast corner of a 0.4661 acre tract conveyed
to the City of Beaumont as recorded in Clerk's File No. 103-41-1774 of
the'Official Public Records of Real Property of Jefferson County, Texas, a
point on the south line of said 13.273 acre Beaumont Independent School
tract and the northeast corner of Lot 2, Block 18, of a partial replat of
Unit 2 and a Final Plat of Unit 3 of Suburban Acres as recorded in Volume
10 Page 52 of the Map Records of Jefferson County, Texas.
THENCE North 01°05'00" West along said east right-of-way line of Homer
Drive and the west line of said City of Beaumont tract, a distance of
320.00 feet to a point the POINT OF BEGINNING of the herein described
10 foot wide easement;
Page l
EXHIBIT 'C'
EXIIIBIT 1)2 OF LEGAL FOR EASE=MENTS
THENCE 5 feet each side of the following described centerline;
North 88°45'56" East, a distance of 321.00 feet to
the point of termination of said 10 foot wide
exclusive waterline easement.
This description is based on the survey made by Richard F. Faust, P. E.,
Registered Professional Land Surveyor No. 4782 on April 30, 2009.
' ,��..OF T�
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Richard F. Faust, P.E. A...... F.FAUST
Registered Professional Land Surveyor No. 4782 .'d9 4782 P;Q
9�0 3 UA`���o
Paf7e 2
EXHIBIT D A N
10 FOOT WIDE
EXCLUSIVE WATERLINE EASEMENT yi
OUT OF THE
JOHN S. MARBLE SURVEY A-465
BEAUMONT, JEFFERSON COUNTY, TEXAS
SCALD• 7'=60"
POINT OF
BEGINNING PROPOSED
10' Y✓,'D£EXCLUSIVE WAT WLINE
EASEMENT
_ 1
Ld
\N 884550"E
321.00'
ry
1�
ry
Lli
0
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p BEAUMONT INDEPENDENT
SCHOOL DISTRICT
o HOMER ELEMENTARY SCHOOL
HG;vfE.R DRIVE RESIDUAL OF 13.273 ACRES
P.0.W DEDICA i70N VOL. 1248 PG. 358
CLEPK'S FILM CODE J.C.D.R.
ti
10-41-7774
O
O
S
89'55'14 c 59.44' FOUND 112"
REFEREVCE BEA""VG \ /IRON ROD
., 79:3,"22 43.04"
FOUND 112 S 8925:75 E 12.'.05'
'"
IRON ROD LOT 2 FOUND /
CONCRETE
COMMENCING BLOCS 12 MONUMENT
POINT SUBURBAN ACRES
A PARTIAL REPLAT OF UNIT 2
AND A FINAL PLAT OF UNIT 3
VOL.10 PG.52
J C.,19.R.
RICHARD F. FAUST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4782
PREPARED BY:
Date: JULY 14, 2010 OF T
G\S T F99
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.........................................
RCHA RD F.FAUST
.............................
4782 Qy'�
9" FFSS�o?�O
C5ENGINEERING AND SURVEYING,INC.
2525 CALDER STREET . BEAUMONT, TEXAS 77702 O SUI 7�
090192 LEXHIBIT `D'
D
RICH WITH OPPORTUNITY
1117EA,111�IU111�9(
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr.
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider authorizing an application for, and
acceptance of, funding from the Texas Comptroller's office
for Tobacco Compliance.
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The Beaumont Police Department has participated in the enforcement of Texas Tobacco laws for
over 5 years through various grant programs. These programs target establishments that sell
tobacco to minors through inspections and controlled buys. These efforts have resulted in
increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the
area and statewide. These programs are required for the State of Texas to continue receiving
certain types of federal funding which is based upon statewide tobacco law compliance. The
Texas Comptroller's Office FY 2011 award was $7,300.00. Funding is used to cover overtime
cost to implement the program.
BUDGETARYIMPACT
There are no matching funds required.
TEXAS COMPTROLLER'S 2011 TOBACCO GRANT
ACCEPTANCE AGREEMENT AND COMPLIANCE STANDARDS
FOR LOCAL LAW ENFORCEMENT AGENCIES
(This signed document must be returned before grant funds will be awarded)
By this Agreement,Beaumont Police Department(hereinafter"Grantee")hereby agrees and certifies that Grantee shall
comply with all requirements in the 2011 Scope of Work provided to Grantee contemporaneously with this Agreement and
all applicable provisions of the Uniform Grant and Contract Management Standards(UGCMS)promulgated by the Office
of the Governor pursuant to the Uniform Grant and Contract Management Act,Chapter 783,Government Code.A copy of
the UGCMS may be obtained from the Office of the Governor at
www.governor.state.tx.us/files/state-grants/UGMS062004.doc.
Grantee acknowledges that appropriate approvals have been obtained from its governing body(city council or county
commissioners' court)to accept and utilize all grant funds as specified in this Agreement.
Grantee shall use or expend grant funds exclusively for the following tobacco compliance and enforcement activities,
unless directed otherwise by the Texas Comptroller of Public Accounts(Comptroller):
• Grantee shall provide compliance education to each local court involved in adjudicating grant agency's tobacco-
related citations.
• Grantee shall provide ongoing and consistent compliance education to tobacco retailers and local court personnel
concerning the tobacco laws.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on-site compliance
inspections of cigarette or tobacco retail outlets by law enforcement and other officers and fully acknowledges
that the foregoing may result in the issuance of citations.
• Grantee shall provide an ongoing and consistent enforcement initiative that utilizes on-site controlled buys at
cigarette or tobacco permitted retail outlets by officers,using minors as decoys(i.e.,"stings")that may result in
the issuance of citations.
• Grantee shall allocate grant fund expenditures for enforcement and compliance activities as recommended by the
Comptroller's office.
• Grantee shall provide monthly enforcement activity reports and quarterly compliance education and financial
status reports to the Comptroller's contractor for the Texas Statewide Tobacco Education and Prevention(Texas
STEP)initiative.
Approval of grant funding,based on the application submitted by the prospective Grantee or agency,does not constitute
approval of any or all plans or requests as listed in the submitted application.Appropriate use of grant funds and proper
protocols for education and enforcement activities will be covered in the grant training.
Comptroller reserves the right,under this Agreement,to unilaterally amend the terms of the Agreement at any time and to
impose additional requirements on Grantee at the sole discretion of the Comptroller.
Grantee understands and acknowledges that failure to comply with the terms of this Agreement,including grant usage
restrictions, or with any applicable state or federal law or regulation, shall result in the forfeiture of grant funds.Upon
forfeiture,Grantee shall also be responsible for the return of the full amount of the original grant to the Comptroller.
This grant award is in the amount of$7,300 and covers the period from Sept. 1, 2010,through Aug. 31, 2011.Grantee
shall return all unexpended grant funds within 45 days of the close of this grant period.
Name and Title of Official authorized to accept grant funds Department or Agency Name
on behalf of County or Municipality(Please print)
Signature of Authorized Official Date FEI Number(required)
l
S U S A N
TEXAS COMPTROLLER Of PUBLIC ACCOUNTS
I
C O M B S WWW WINDOW.STATE TX US
July 12,2010
Lieutenant John R.Boles
Beaumont Police Department
P.O. Box 3827
Beaumont,Texas 77701-3827
Dear Lieutenant Boles:
Your department has been awarded a Tobacco Compliance grant in the amount of$7,300 under the provisions of the Texas
Health and Safety Code Ann. Sec. 161.088(b)for fiscal 2011 beginning Sept. 1,2010.However,in the past fiscal year your
department did not comply with all of the Enforcement requirements as stated in the Grant Acceptance Agreement.For this
reason,this grant is being awarded on a conditional basis.
As a conditional grantee,you will receive half of your grant funds upon receipt of your signed agreement. If a review of
your activities and expenditures during the first two quarters indicates substantial compliance with grant requirements,you
will be sent the remaining amount of the grant funds.Failure to comply with the grant requirements will result in a loss of
the opportunity to receive additional grant funds for the 2011 fiscal year.Enclosed you will find the"Grant Acceptance
Agreement and Compliance Standards"form and the Scope of Work.Please review these documents thoroughly.
To accept your grant award,please have an authorized official of your department sign and return the agreement by the due
date noted.Your grant funds will be mailed upon receipt of the agreement. Please keep a copy of the Acceptance
Agreement.It is not necessary to return a copy of the Scope of Work. If you choose not to accept this grant,please write
"declined"on the agreement. The agreement should be returned by Aug. 11,2010,and mailed to the following address:
Texas Comptroller of Public Accounts
Attention: Carol Lauder
P.O.Box 13528
Austin,Texas 78711-3528
Each grantee must begin implementation of the grant provisions,as outlined in the Acceptance Agreement and the Scope of
Work,within 30 days of attending a technical assistance workshop.Attendance at a grant workshop is mandatory.Any
exception to these requirements will require review and written approval by the Comptroller or the Comptroller's designee.
The technical assistance workshops will be presented by the Comptroller's office and Texas Statewide Tobacco Education
and Prevention(Texas STEP)program.The workshop encompasses tobacco enforcement and compliance education
requirements.It will also cover activity and financial reporting,expenditure requirements and the latest information
concerning the issue of tobacco and minors in Texas.Expenses related to attending this workshop are covered by this grant
using the"Education"budget category. Texas STEP will mail the workshop information to grantees so you can make the
appropriate arrangements to attend.
If you have any questions regarding this letter,please contact Texas STEP at(888)783-7123.
4ranceSin ely,
s J. Tones
Manager, Account Maintenance Division
Enclosures
cc: Carol Lauder
Texas STEP
Texas Comptroller's 2011 Tobacco Compliance Grant
Scope of Work
Local Law Enforcement Grantee Requirements
Contract funds shall be used to support the enforcement,compliance education and reporting of activities related to
the grants as follows: 60 percent of the effort of all grant activities shall be focused on Retailer Controlled
Buys/Stings;20 percent shall be focused on Retailer Compliance Inspections; 15 percent shall be focused on
Retailer and Judicial Education;5 percent is available to cover the costs of reporting.Grantee shall follow program
requirements outlined in Sections A,B and C.
A. Grant Activities—Controlled Buys(60 percent),Compliance Inspections(20 percent),Retailer and
Judicial Education(15 percent),Reporting of Activities(5 percent)
• Grantee shall conduct tobacco education for retailers for the purpose of'reducing youth access to
tobacco products,and to ensure compliance with the Health and Safety Code,Chapter 161 —
Subchapters H,K and N.
• Grantee shall conduct tobacco education for each local court in the city and/or county to which
Grantee submits citations for tobacco law violations and which may assist in obtaining
information concerning the final disposition of citations written in accordance with Health and
Safety Code,Chapter 161 —Subchapters H, K and N.
• Grantee shall conduct on-site compliance inspections of tobacco retailers,not using minors as
decoys, which may result in the issuance of citations for violations in accordance with Health and
Safety Code,Chapter 161 —Subchapters H and K.
• Grantee shall conduct on-site controlled buys/stings of tobacco retailers using minors as decoys,to
determine compliance with applicable laws in accordance with Health and Safety Code,Chapter
161 —Subchapter H.
• Grantee shall conduct follow-up inspections/controlled buys of tobacco retailers found to be in
violation of state laws concerning tobacco in Grantee's jurisdiction.
• Grantee shall conduct follow-up activities on complaints sent to Grantee concerning tobacco law
violations within Grantee's jurisdiction.
• Grantee shall submit reports to the Comptroller's contractor,Texas Statewide Tobacco Education
and Prevention(Texas STEP)(as noted in"C"on the next page.)
B. Additional Program Requirements
• Grantee shall designate staff to attend the Technical Assistance Training provided by the
Comptroller's contractor Texas STEP,concerning the recommended protocols for performing
compliance education and enforcement activities,appropriate use of grant funds and reporting
requirements.This training relates to controlled buys,compliance inspections,compliance
education,financial reporting and other duties as prescribed by Senate Bill 55,75th Legislature.
Grantee shall comply with all applicable state and federal laws,regulations and guidelines.
• Grantee shall ensure attendance at training events by local law enforcement officer(s)responsible
for conducting the tobacco compliance education and enforcement activities who can return to the
department and train other officers and staff on the grant requirements and procedures covered in
the training.
-over-
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 apply for and accept a Tobacco
Compliance Grant from the Texas Comptroller's Office to assist Beaumont police officers
to enforce the Texas Tobacco Laws.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
r
T • E • X • A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 10, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Receive the proposed FY 2011 Budget and schedule a public hearing
2. Receive the proposed 2011 Capital Program and schedule a public hearing
3. Consider establishing and taking a record vote on the proposed 2010 tax rate and
schedule public hearings
4. Consider amending the FY 2010 Budget to appropriate additional expenditures in
the Employee Benefits Fund
5. Consider amending the FY 2010 Budget to appropriate additional expenditures
and revenues in the Water Fund
6. Consider amending the FY 2010 Budget to appropriate additional expenditures in
the Municipal Transit Fund
7. Consider amending the FY 2010 Budget to transfer$75,000 from the Solid Waste
Fund to the General Liability Fund
8. Consider amending the FY 2010 Budget to transfer $34,300 from the General
Fund to the Municipal Airport Fund
9. Consider amending Chapter 8, Section 8-2 (b) of the Code of Ordinances
regarding the Municipal Court Juvenile Case Manager Fund
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 Mitchell Normand at 880-3777 three days prior to the meeting.
1
August 10,2010
Receive the proposed FY 2011 Budget and schedule a public hearing
RICH WITH OPPORTUNITY
icm A,[I 1�1 C1 179(
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Finance Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council receive the proposed FY 2011 Budget and schedule
a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on August 31, 2010 at 1:30 p.m.
in the Council Chambers related to the proposed FY 2011 Budget.
BACKGROUND
Article VI, Section 2 of the City Charter requires that the proposed budget be submitted to the
Council at least 45 days prior to the beginning of the new fiscal year. In addition, Section 4
requires Council to schedule a public hearing on the proposed budget and authorize the City
Clerk to publish the notice of the public hearing.
BUDGETARY IMPACT
A work session on the proposed FY 2011 Budget will be held on August 31, 2010.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2011 Budget for the City of Beaumont be and it is hereby received.
BE IT FURTHER RESOLVED THAT a public hearing to consider the proposed FY
2011 Budget for the City of Beaumont shall be held August 31, 2010, at 1:30 p.m. in the
Council Chambers located in City Hall at 801 Main Street, Beaumont, Texas. All
appropriate notices of this public hearing are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
2
August 10,2010
Receive the proposed 2011 Capital Program and schedule a public hearing
RICH WITH OPPORTUNITY
[I ILI'A,[I 1�1 El 11
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council receive the proposed 2011 Capital Program and
schedule a public hearing.
RECOMMENDATION
Administration recommends Council schedule a public hearing on August 31, 2010 at 1:30 p.m.
in the Council Chambers related to the proposed 2011 Capital Program.
BACKGROUND
The proposed 2011 Capital Program was originally submitted to Council on May 11, 2010.
Revisions have been made to the original proposed document and are attached for your review.
Article VI, Section 20 of the City Charter requires Council to schedule a public hearing on the
proposed Capital Program and authorize the City Clerk to publish the notice of the public
hearing.
BUDGETARYIMPACT
The Capital Program will be reviewed with Council at a work session on August 31, 2010.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the proposed FY 2011 Capital Program for the City of Beaumont be and it is hereby
received.
BE IT FURTHER RESOLVED that a public hearing to consider the proposed FY
2011 Capital Program for the City of Beaumont shall be held August 31, 2010, at 1:30 p.m.
in the Council Chambers located in City Hall at 801 Main Street, Beaumont, Texas. All
appropriate notices of this public hearing are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
3
August 10,2010
Consider establishing and taking a record vote on the proposed 2010 tax rate and schedule public
hearings
RICH WITH OPPORTUNITY
r A,11 1�1 U1 11
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer V"
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider establishing and taking a record vote on
the proposed 2010 tax rate and schedule public hearings.
RECOMMENDATION
Administration recommends Council establish a tax rate required to support the City Manager's
proposed budget. In accordance with Chapter 26 of the Property Tax Code, if the proposed rate
exceeds the lower of the rollback rate of$0.679284 or the effective tax rate of$0.623292, the
City Council must take a record vote to place the proposal to adopt the rate on the agenda of a
future meeting. The effective tax rate is the rate that would produce the same amount of taxes in
FY 2011 as was produced in FY 2010 if it was applied to the same properties taxed in both years.
The proposed tax rate of$0.640000, which is the current tax rate, exceeds the effective tax rate
of$0.623292 by $0.016708. If the motion passes, two public hearings must be scheduled. It is
recommended that the public hearings be held on August 31, 2010 and September 7, 2010 at 1:30
p.m. in the Council Chambers.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws
in adopting their tax rate. According to Senate Bill 18, governing bodies are required to hold two
public hearings when the proposed tax rate exceeds the lower of the rollback rate or the effective
rate.
BUDGETARYIMPACT
The detail budget information for all funds, including proposed property tax revenues, will be
submitted to Council on August 10, 2010.
RESOLUTION NO.
WHEREAS, the City Manager's proposed budget includes a tax rate which exceeds
the effective tax rate of$0.623292; and
WHEREAS, City Council must take a record vote to consider the proposed tax rate
at a future meeting; and
WHEREAS, it is necessary to conduct two (2) public hearings on the proposed tax
rate where the proposed rate exceeds the lower of the roll-back rate or the effective tax
rate.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are
hereby, in all things, approved and adopted; and
THAT the City Council for the City of Beaumont will consider at a future meeting the
proposed tax rate which will effectively increase the total tax revenues from properties on
the tax roll in the preceding year; and
THAT the proposed tax rate of$0.640000 necessary to support the City Manager's
budget is hereby scheduled for consideration at two (2) public hearings to be held on
August 31, 2010, and September 7, 2010, at 1:30 p.m. in the Council Chambers located
in City Hall at 801 Main Street, Beaumont, Texas. All appropriate notices of these public
hearings are to be given as required by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
4
August 10,2010
Consider amending the FY 2010 Budget to appropriate additional expenditures in the Employee
Benefits Fund
RICH WITH OPPORTUNITY
[I I'Em A,[I 1�1 C1 N T
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer`-
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the Fiscal Year 2010 Budget to appropriate
additional expenditures in the Employee Benefits Fund.
BACKGROUND
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments
will ensure that expenditures are within the approved budget.
The details of the amendments are as follows:
Employee Benefits Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 18,058,800 $ 633,300 $ 18,722,100
The City's self-funded Preferred Healthcare Provider Organization, or PPO, has experienced $1.4
Million in claims above what was anticipated in the Budget. This was a year of unusually high
claims. Because other divisions accounted for in the Employee Benefits Fund are expected to
complete the year under budget, the net increase in appropriations for the fund is $633,300. An
increase of$633,300 is proposed for the FY 2010 Budget to cover these increased costs.
BUDGETARY IMPACT
There is sufficient fund balance to cover the increase in expenditures in the Employee Benefits
Fund with the amount remaining being adequate for providing reserves for future claims, if
necessary.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE
ADDITIONAL EXPENDITURES IN THE EMPLOYEE BENEFITS FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2009 through September 30, 2010, be and the same is hereby amended to appropriate
additional expenditures in the Employee Benefits Fund as shown below:
Employee Benefits Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 18,058,800 $ 633,300 $ 18,722,100
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010
- Mayor Becky Ames -
5
August 10,2010
Consider amending the FY 2010 Budget to appropriate additional expenditures and revenues in
the Water Fund
RICH WITH OPPORTUNITY
17C
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer 6t
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2010 Budget to appropriate additional
expenditures and revenues in the Water Fund.
BACKGROUND
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments
will ensure that expenditures are within the approved budget.
The details of the amendments are as follows:
Water Fund Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 37,154,700 $ 369,600 $ 37,524,300
Total Revenues 36,422,000 2,166,900 38,588,900
The Water Fund had unexpected expenditures related to a 36-inch sanitary sewer line under
Eastex Freeway that was identified as an emergency project. An increase of$369,600 is
proposed for the FY 2010 Budget to cover these unexpected costs. Additional revenues of
$2,166,900 were received in FY 2010 and are available to cover the increase in expenditures.
BUDGETARYIMPACT
Revenues for FY 2010 are expected to be greater than what was anticipated in the budget and will
be sufficient to cover the increase in expenditures in the Water Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE
ADDITIONAL EXPENDITURES AND REVENUES IN THE WATER FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2009 through September 30, 2010, be and the same is hereby amended to appropriate
additional expenditures and revenues in the Water Fund as shown below:
Water Fund Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 37,154,700 $ 369,600 $ 37,524,300
Total Revenues 36,422,000 2,166,900 38,588,900
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010
- Mayor Becky Ames -
6
August 10,2010
Consider amending the FY 2010 Budget to appropriate additional expenditures in the Municipal
Transit Fund
I
RICA WITH OPPORTUNITY
[I I'Ll A,[I 1�1 C1 111
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2010 Budget to appropriate additional
expenditures in the Municipal Transit Fund.
BACKGROUND
In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the
provisions of the budget as specified in the ordinance adopting the budget. He shall not
authorize or approve any expenditure unless an appropriation has been made in the budget
ordinance adopting the budget, and there is an available unencumbered balance of the
appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments
will ensure that expenditures are within the approved budget.
The details of the amendments are as follows:
Transit Fund Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 7,077,500 $ 129,400 $ 7,206,900
The Municipal Transit Fund is projected to exceed budgeted expenditures by $129,400.
FY 2010 is the first full year of operating the new CNG buses. The Budget anticipated a
reduction in the maintenance and fuel costs associated with the new buses. While a reduction
was realized, the budget overestimated the savings that would be realized and therefore, an
amendment is needed.
BUDGETARY IMPACT
There is sufficient fund balance to cover the increase in expenditures in the Municipal Transit
Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE
CITY OF BEAUMONT FOR THE FISCAL YEAR 2010 TO APPROPRIATE
ADDITIONAL EXPENDITURES IN THE MUNICIPAL TRANSIT FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2009 through September 30, 2010, be and the same is hereby amended to appropriate
additional expenditures in the Municipal Transit Fund as shown below:
Transit Fund Original Budget Proposed Amendment Amended Budget
Total Expenditures $ 7,077,500 $ 129,400 $ 7,206,900
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010
- Mayor Becky Ames -
7
August 10, 2010
Consider amending the FY 2010 Budget to transfer $75,000 from the Solid Waste Fund to the
General Liability Fund
RICH WITH OPPORTUNITY
17C
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2010 Budget to appropriate$75,000 in the
Solid Waste Fund to be transferred to the General Liability Fund.
BACKGROUND
During FY 2010,the Solid Waste Division has incurred costs associated with liability claims totaling
$130,000. The Solid Waste Fund's FY 2010 Budget includes a transfer of$75,000 to the General
Liability Fund to cover such claims. The budgeted transfer is insufficient to cover the liability claims
incurred.
BUDGETARYIMPACT
By the end of Fiscal Year 2010, the fund balance in the Solid Waste Fund is projected to be
approximately$2.8 Million. After making the recommended transfer,the remaining fund balance
will be adequate for providing reserves for future unforeseen items and occurrences
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2010 TO TRANSFER $75,000 FROM THE SOLID
WASTE FUND TO THE GENERAL LIABILITY FUND;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2009, through September 30, 2010, be and the same is hereby amended to appropriate
and transfer the sum of$75,000 from the Solid Waste Fund to the General Liability Fund.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
8
August 10, 2010
Consider amending the FY 2010 Budget to transfer$34,300 from the General Fund to the
Municipal Airport Fund
RICH WITH OPPORTUNITY
[I 1'Em A,11 1�1 C1 11)(
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer ic
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending the FY 2010 Budget.
RECOMMENDATION
Administration recommends that Council amend the FY 2010 Budget to appropriate$34,300 in the
General Fund to be transferred to the Municipal Airport Fund.
BACKGROUND
During FY 2010, the Municipal Airport Fund had unexpected expenditures due to excavation of
underground gas tanks and back filling of those tanks related to the runway project funded by a grant.
The excavation expenditures are above and beyond the funding provided by the grant;therefore,will
require additional funding from the General Fund.
BUDGETARY IMPACT
By the end of Fiscal Year 2010, fund balance in the General Fund is projected to be approximately
$26.1 Million. After making the recommended transfer, the remaining fund balance will be
adequate for providing reserves for future unforeseen items and occurrences.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING THE FISCAL
BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL
YEAR 2010 TO TRANSFER $34,300 FROM THE GENERAL
FUND TO THE MUNICIPAL AIRPORT FUND; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1,
2009, through September 30, 2010, be and the same is hereby amended to appropriate
and transfer the sum of$34,300 from the General Fund to the Municipal Airport Fund.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -
9
August 10, 2010
Consider amending Chapter 8, Section 8-2 (b) of the Code of Ordinances regarding the
Municipal Court Juvenile Case Manager Fund
i
RICH WITH OPPORTUNITY
11CM ► �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 10, 2010
REQUESTED ACTION: Council consider amending Chapter 8, Section
8-2 (b) of the Code of Ordinances regarding the Municipal
Court Juvenile Case Manager Fund.
RECOMMENDATION
Administration recommends Council amend Chapter 8, Section 8-2 (b) of the Code of
Ordinances, to increase the fee charged for the conviction of a juvenile fine-only misdemeanor.
BACKGROUND
According to the Texas Code of Criminal Procedure, Article 102.0174, provides for a governing
body to charge a juvenile case manager fee, not to exceed five dollars ($5), as a cost of court.
Section 8-2(b) of the Code of Ordinances, states:
"The clerk of the municipal court shall collect a two dollar and fifty cents ($2.50)
juvenile case manager fee from each person convicted of a fine-only
misdemeanor offense in municipal court as a cost-of-court from and after the
effective date of this section. This fee shall be deposited into the municipal court
juvenile case manager fund. For purposes of collection of this juvenile case
manager fee a person is considered convicted if a sentence is imposed on the
person, the person receives deferred disposition, or the person receives deferred
adjudication from the court."
During the preparation of the budget for FY 2011, it became apparent that the current fee of two
dollars and fifty cents ($2.50) is not enough to support the salary and benefits of the juvenile case
manager on staff. In addition, most cities are currently charging the maximum amount.
Therefore, the ordinance should be amended to increase the fee to five dollars ($5.00).
BUDGETARYIMPACT
Amending the ordinance will increase revenue by an estimated $30,000 and will allow the city to
fund all juvenile case manager expenditures without an additional subsidy by the General Fund.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 8,
SUBSECTION 8-2(b), TO INCREASE THE FEE FOR
CONVICTION OFAJUVENILE FINE-ONLY MISDEMEANOR;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 8, Subsection 8-2(b), of the Code of Ordinances of the City of Beaumont,
be and the same is hereby amended to read as follows:
Sec. 8-2. Municipal court juvenile case manager fund.
(b) The clerk of the municipal court shall collect a five dollar ($5.00)
juvenile case manager fee from each person convicted of a fine-only
misdemeanor offense in municipal court as a cost-of-court from and after the
effective date of this section. This fee shall be deposited into the municipal
court juvenile case manager fund. For purposes of collection of this juvenile
case manager fee, a person is considered convicted if a sentence is
imposed on the person, the person receives deferred disposition, or the
person receives deferred adjudication from the court.
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10th day of
August, 2010.
- Mayor Becky Ames -