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HomeMy WebLinkAboutPACKET SEPT 21 2010 RICH WITH OPPORTUNITY BEAUMON* T - E - 8 - A - S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 21,2010 1:30 P.M. CONSENT AGENDA * Approval of minutes- September 14,2010 * Confirmation of committee appointments A) Approve the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme. et al.Plaintiffs vs. The City of Beaumont et al.Defendants B) Approve a resolution to reduce lien charges and weed abatement charges in the amount of $2,964.72 and authorize the release of weed liens against property described as East lh of Lot 2,Block 23,North Addition,Beaumont,Texas, also known as 2425 Pine Street C) Authorize the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers to assist in recovery efforts associated with the Hurricane Ike disaster D) Authorize the City Manager to approve a memorandum of understanding with North Central Texas Council of Governments to allow the Police Department to share data with other law enforcement agencies through a Law Enforcement Analysis Portal A RICH WITH OPPORTUNITY IIEAIIMON* T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attornol---- MEETING DATE: September 21, 2010 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme, et al, Plaintiffs vs. The City of Beaumont, et al, Defendants RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme, et al, Plaintiffs vs. The City of Beaumont, et al, Defendants in the amount of$52,500.00. BACKGROUND Douglas Kibodeaux and Rebecca Chism have brought claims against the City and the Civil Service Commission alleging, among other things, improper assessment center testing in the police promotional process in 2005. The proposed settlement will not resolve the claims of Plaintiff Derrick Fowler . This matter was most recently presented and discussed in Executive Session held on September 14, 2010. The City Attorney is requesting authority to settle the claims only for Plaintiffs Kibodeaux and Chism in the amount of$52,500.00. The Beaumont Police Officers Association has agreed to share one half of the costs of the total settlement amount of$105,000.00. BUDGETARYIMPACT Funds are available in the litigation trust fund to settle this suit. RESOLUTION NO. WHEREAS, the claims of Douglas Kibodeaux and Rebecca Chism, in the lawsuit styled Erik Kvarme Derrick Fowler, Douglas Kibodeaux and Rebecca Chism v. The City of Beaumont Texas and the Civil Service Commission of the City of Beaumont, were discussed in Executive Session properly called and held Tuesday, September 14, 2010; and, WHEREAS, the City Council desires to authorize the settlement of the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme, Derrick Fowler, Douglas Kibodeaux and Rebecca Chism v. The City of Beaumont, Texas, and the Civil Service Commission of the City of Beaumont; 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. BE IT ALSO RESOLVED THAT the City Attorney be, and he is hereby, authorized to settle the claims of Douglas Kibodeaux and Rebecca Chism in the lawsuit styled Erik Kvarme,Derrick Fowler, Douglas Kibodeaux and Rebecca Chism v.The City of Beaumont, Texas, and the Civil Service Commission of the City of Beaumont for the amount of Fifty- Two Thousand Five Hundred ($52,500) Dollars. BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized to execute the necessary instruments on behalf of the City of Beaumont to settle the claims of Douglas Kibodeaux and Rebecca Chism in the suit. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEA,UM"'ON* T • E • A • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider a resolution to reduce lien charges and weed abatement charges in the amount of$2,964.72 and authorize the release of weed liens against property described as East '/2 of Lot 2, Block 23,North Addition, Beaumont, Texas, also known as 2425 Pine Street. RECOMMENDATION Administration recommends approval. BACKGROUND The property described above has weed liens totaling $2,148.82 which represents $795.00 in principal, $1,338.82 in interest and$15.00 in fees. There are also weed abatement charges in the amount of$815.90 associated with this property. This property was originally owned by Caroline Hardy,now deceased. Hubert Oxford,III represents Magnolia Cemetery in its effort to purchase the property described. He has supplied a Land Appraisal Report valuing the property at $1,500.00. He is requesting that the City accept$300.00 and waive the remaining balances due on liens and weed abatement property so that there can be a distribution to the heirs as a result of the sale. BUDGETARY IMPACT None. RICH WITH OPPORTUNITY BEAUMON-* Caroline K. Hardy Estate T • E • X • A ' $ 2425 Pine Street 046650-000-01 7700-00000-4 Weed Abatement Charge Pay4)ff Weed Liens Principle Interest Fees Total 9/14/1982 55.00 126.84 3.00 184.84 10/3/1988 185.00 312.62 3.00 500.62 2124/1989 185.00 306.46 3.00 494.46 7127/1989 185.00 298.76 3.00 486J6 10/27/1989 185.00 294.14 3.00 482.14 9? •oD /3MAZ 4irm $ 2,148.82 Weed Abatement Charges 75.00 97.50 97.50 97.50 96.50 75.00 82.50 95.00 99.40 $. 815.90 Grand Total $ 2,964.72 Cash Management • (409)880-3772 Fax(409)880-3113 P.O.Box 3827 • Beaumont,Texas 77704-3827 SEP-14-10 TUE 10: 10 ;,I'i FAX N0, R 02/04 BENCI{ENSTEIN & OXFORD, L.L.P. ATTORNEYS AT LAW TEXAS STATE BANK BUILDING 11ulvi,0\1'ord,111 3535 CALDER AVENUE POST OFFICE DRAWER 150 BEAUMONf,TEXAS 77704 ALorncy and Counselor TELEPIrONC:(409)833-9182 Houston Line: Board Certiried DIRECT LINE: (409)951-4718 (713)229-9203 Personal Injury Trial Law TELFFACSIMILE: (409)833-8819 CivI Trial Law hubertoxford(a?benoxford.com T'cxis Board of Legal 5pc' ',r ion lloarc;Cerlified'rrial Advoc i e National Board of Trial Ailv.:ct ;y September 14, 2010 Via facsimile (409) 880-3113 City of Beaumont Cash Managem ni- 801 Main Street Beaumont,"Cex,,s '1 1?01 Re: Mowing Iii-n-, against property described as Fast 1/2 of Lot 2,Block 23,North Addition, City of l t; l;1 nont,Texas also known as 2425 Pine Street,Beaumont,Texas Dear Gentlemen: I am tryina io help Magnolia Cemetery acquire this piece of property on Pine Street. I have been in co strict with the property owners and the heirs of Caroline Hardy. Ms. Caroline hardy lived then., until the early 1980's when because of her age she had to move out. There are two liens from Ali,: -arty 1980's that evidently were there before she died in 1985. The house was torn down d1�. that time. Since then, although Mr. Harry Hicks, the grandson who lives in Houston, has bee�_ !rowing the property, the City over this period of time has obtained several liens in the 1980 irr,e frame. The last recorded deed to this property is in 1920. We wol l<! ike to purchase the property from the heirs, and have had the property evaluated at only S1 500.00. We attach a copy of that appraisal. Unfortunately with interest, the liens are more Iis. To atlo w t-.e heirs to recoup something, we would very much like to enter into ar, agreement witl: l'-,c City where you would take some smaller amount than the amount which i5 owed, and have t .ese liens released and still leave some money so that we can go to the heirs anc obtain the prof.,ci � at this time. SEP-14-10 TUE 10: 1 FAX N0. F. 03/0 i3rWici.' sTEN&oxror..r-', ,. City of Beaumont Page-2— Hopefully {lie City will feel that getting some money now would be better than having to foreclose on the i,rc}perty and go through the foreclosure procedure, and the possibility of not even getting thi ,i:1',ount of money. If we could somehow reduce this amount to approximately $300.00, 1 feel r.,< 1i ident that I could get the City paid this amowit for the release of the liens, and this Would aok= v Magnolia Cemetery to go forward in clearing the title and obtaining this property. 1'ha',kl: -ou for your consideration of this reduction, and the heirs of Ms. Hardy appreciate it was 11. With hest regards, I remain, Very truly yours, BENCK TEIN XFORD.,L.L.P. By: Hubert CUid, III 1I0/s1s cc: City Mama",':. SEP-14-10 '.1; 119 AM FAX K P. 04/04 Awrxi LAND APPRAISAL REPORT Faa ro R1°°4°221 i Fite R1004022 Borrower Owner.Ge;rirA Hard Estate Census Tract 0007.00 Map Ref MSA 0040 Properly Address 2425, rE Street ` erence City Beaumont County Jefferson-245 State Tx Legal Description C, ii, Lot 2 Block 23 North Akidillon Code 7770.3 Sale Price$_N_,rA--. _ Date of Sale Loan Term yrs. Property Rights Appraised Actual Real Estate Taxis _36 o9 ®iE ❑Leasehold ❑De Mtnimis PUD _(yr) Loan charges to be paid by sailer$ Other sales concessions Lender/Cieft Mr Hul__i Oxford III Adze _ Occupant Vacant la!1c Appraiser Jimmy W.Bishop MAI SRA Instructions to Appraiser Estimate Market Value Location -- Built Up N Ova 75% ❑25 Suburban 5% ❑Under 25% E G❑ ❑ (]r Growth Rate 1-)i rJ, ir,+. Employment ��Rapid El ®Slow Converoence to Enploynpellt ❑ ® ❑ ❑ Preperty values ❑Increasing 0 Stable ❑DecWdng Convenience to Slopping ❑ ❑ ❑ Demand/Supply D Shortage ®In Balance ❑Oversupply Convedence to Schools ❑ ® ❑ ❑ Marketing Time ❑Under 3 Mos. ❑4-6 Mos. ®Over 6 Mos. won ❑ ❑ ❑ Present Land Use 5;: f:mill --%2.4 Farm acY of Pubic Transportation -- Y Family _%Apis. _%Gornto`%Commercial Recreational Facilities ❑ ® ❑ ❑ nuustriai 5%Vacant 20% Cemetery Adequacy of Willies ❑ ❑ ❑ Charge in Present Land U;e Not Likely ❑Likely(•) ❑Taking Place(") Pmp q Cmrp4bldy ❑ ® ❑ ❑ Predominant Occupanru Owner To Protection from Ddhental Conditions [] R ❑ ❑ (� ❑Tenant %Vacant Police and Flee Protection ❑ ® ❑ ❑ Single Family Price Rr j� S 30.000 to$-60.000 PredominNd Value$40 Appearance of Propef6es [] ❑ ❑ Ski ft Family Age --�4_.— General — ao yrs.to so yrs. Predominant Aga 50-60 yrs. Appeal to Markel ❑ ® ❑ ❑ Comments Including those facters,favorable or unlavorable,affecting marketability(ell,public pairs,schools,view,noise): OI r m tl idental area just north of Interstate 10 acres_fr=et Ma nolia C t . Th re I some local comet rotal us aion Pine and n 'a t they a tiered. There are several vacant tracts,n tre area that were once improved with esidences that were demolished due to deterioration and storm damage. Dimensions 50'x 5CI.5 _ 2.525 Sq.Ft.or Acres Zoning classification is•:__i i lgighborhood revitalization) Comer Loh Highest and best use i_J Present use Other Present Improvements; ❑do ❑do not coder to mkrNg negnplaYons Public Ci:er(Descry) OFF SITE IMPROVEMENTS Tow ILevel&partiv wooded N t Access ®Public ❑Prvate Size V small n is unit Gas — Asohatt Water enance ®Public ❑Private View Cemet va nt lots residences San.Sewer Storm Sewer ®Curb/Gutter Dralnage?poears adequate El Sidewalk` Street " ls the property located n s NIA ideww*W RW flD W Meal O W E]Yea L'omnenis(kayo ab?c;:c;;r. i,L!r nciudng espy a r use o ns): Standard utility easements wThe do not a nov t;., ere �servad. the sHe.However the site is v small and accordf to the attached bugdin setbacks for news ror;lruaon t i I a fr tar & 2 'rear there I not r mein n err to I t site can be rc-)r+Mooed in con unction a4 ad'dnin land that would rovide a combined area a uate to most setbackre.Theefo�e the The undersigned has reatei;r,r,:racer sales d popedies most timNar acrd akamnate b arbjed and has ckrpsiasrod Sere In tpe marled to or eel re wale marker each;,n to(hose dNne d si�i6cad varietm belvroen bN pobjed ant comparable propdtiea.R a eigniiard comparable Polasly k superior b a more favorable gpan ir.:..ut,;'�t pmpery,a minus(•)adNsYriNpt is mute thus Rduckpg the kIdC81Ed gkpE d favoraM a than the subjrct;:rana e•a plus(+)adjus6rrond is made 1MIS sub)ect M a sigrpcaot meet in eD comparable Is inlerler to or less __ Inoreashlg the called value of the sW*t. --.-._nEM _ _ °.l'S CT P O R1Y 1 COMP N Address 2.46 Pina Street 1730 Cottonwood Magnolia MP 2385 Me 2375 Pear _-- _E1-;;_ur,ront Belumont Beaumont Beaum i to L 6 blocks/es blocks/est WA :. .,...:::.; .... .. 1 mile% S 11,500 1000 MLS135422 Fj� Dale of Sale and _CRI QN SCRI T 0 +- sl. LS 138016 Time Adj isbnetr 6/2009 DE SCR ION +- _ . ..__-- 01 tertian _— rr.Sir et Co onwood-I +1 ODD new ?,5:.'s SF/T ical 140/7 ical ar•C Unties^ All::�•aii:,bfe All available 1 C I available Sides or Financing _-- Concessions hlicated Value - + - 1 000 + _ +of Sub)ect Commerts on Market Dat, e 1 had an inferior I n al a nda r Net 1 5Sa similar older reslde._;ieJ ne;7hbmf— Aithou ail three sales were of larger tracts there was not an measurable ad ustme�rll aslall were a minimal In size_No;t F r r"easurable ad'u men were indica fled. Comments and CoMtion, pf,1;s,i; It is my understanclingItl@ real estate has been in the same ownership for more than three years. It does not appoar to be acti 14 p I for sale and I was not advised of a oenWno sale Therefore no recent sales history was available for review and anal sis. Thal ReconcNation: -E!_rs_dr-7theda_taand-analys is esented I wa of the opinion the valug that was Indicated from this a sI was 1500. Two sales were.from th _,°mediate area and the third wa from a nearby comps in n h wkh th0 same eneral characteristics. 1 ESTIMATE THE MANnrm v+r b .AS DEFINED,OF$OBJECT Ih10►ENTT AS OF Mery 2 2010 to be$.1.500 J!rnrnV VV413i. 1 :. .. H A iser s _.____ ❑Did ❑Did Not Physically Inspect Properly. ,Y2K) __..____ Review iser if able Bishop Real Estate Appraisers,Inc. Form LND—WmTOTAL'appraisal software by a ia mode,Inc.—1-tit10•ALAMODE RESOLUTION NO. WHEREAS, weed abatement charges totaling $815.90 and weed liens totaling $2,964.72, representing $975 in principal, $1,338,82 in interest and $15.00 in fees, exist against property described as the east 1/2 of Lot 2, Block 23, North Addition, Beaumont, Texas, also known as 2425 Pine Street; and WHEREAS, the owner of the property, Caroline Hardy, is deceased; and WHEREAS, Magnolia Cemetery, prospective owner of the above-described property, has provided a Land Appraisal Report valuing the property at $1,500.00; and WHEREAS, Magnolia Cemetery has offered $300.00 for release of the weed liens and weed abatement charges and so that there will be a distribution to the heirs of Caroline Hardy, deceased property owner, as a result of the sale of said property; 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 be and he is hereby authorized to accept Magnolia Cemetery's offer of$300.00 in settlement of all weed liens and weed abatement charges against the above-described property. The City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens and weed abatement charges. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - C RICH WITH OPPORTUNITY BEAUMON* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino,Human Resources Director MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider approving a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers to assist in recovery efforts associated with the Hurricane Ike disaster. RECOMMENDATION Administration recommends approval of a resolution authorizing the City Manager to execute an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers for clean up,restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with Hurricane Ike. BACKGROUND Workforce Solutions of Southeast Texas has secured a grant to pay wages for temporary employees working on our recovery effort. The grant is provided by the Title 1 National Emergency Grant program to employ temporary workers to help with Hurricane Ike clean up, restoration and humanitarian efforts. The Title 1 NEG program consists of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Work Site Employer is given job functions to perform under the guidance and supervision of the Work Site Employer. Workforce Solutions of Southeast Texas has contracted with Advanced Staffing to serve as a third party employer and all workers paid through this program must register with and be paid through the Title 1 National Emergency Grant(NEG)program. City departments have identified the need for several temporary workers. The Title 1 NEG grant program ends no later that December 31, 2010,unless otherwise noted. This program can also serve as a recruiting source for full-time employees for the City. BUDGETARY IMPACT None. NATIONAL EMERGENCY GRANT (NEG) contract# w T �� Temporary Disaster Relief Jobs Pr ogram Worksite Employer is: S O U t E A S T s g x n s Worksite Agreement ( ) Public Non Profit ( ) Private Non-Profit ( ) Governmental AGENCY NAME Port Arthur Workforce Solutions PHYSICAL ADDRESS 3901 Twin City Hwy. CITY, STATE,ZIP Port Arthur, TX 77642 MAILING ADDRESS 3901 Twin City Hwy. CITY, STATE,ZIP Port Arthur, Texas 77642 TELEPHONE NUMBER 409 962-1236 ext. 2248 ALT. PHONE NUMBER 409 962-1236 ext. 2250 FAX NUMBER 409 962-4806 CONTACT PERSON Shari Gage Shari.Gage0setworkS.org EMAIL ADDRESS This worksite agreement may begin upon the date of execution and/or date of mandatory evacuation with a Projected end date of December 31, 2010. The workshe employer agrees to the following terms of this Agreement to be funded from the USDOL Employment and Training Administration Workforce Investment Act(W/A) Title/National Emergency Grant(NEG)covered under Federal Disaster Declaration FEMA. Prouram Overview This NEG program shall consist of temporary work, wherein the participant referred by Workforce Solutions of Southeast Texas to the Worksite Employer is given job functions to perform under the guidance and supervision of the Worksite Employer in accordance with the job description attached hereto. It is understood by Workforce Solutions of Southeast Texas and the Worksite Employer that no legal employer-employee relationship is created or exists between the Worksite Employer and the participant. In agreeing to provide direction and supervision of the participant, the Worksite Employer understands that this does not make Workforce Solutions of Southeast Texas or its designee liable to the Worksite Employer or any third party by reason of any future act or failure to act by any participant on or off the job. The primary purpose of this Agreement is to identify and establish temporary jobs to assist in the clean-up, restoration and humanitarian efforts that are necessary as a direct result of recovery efforts associated with the Hurricane disaster and to fill those jobs with eligible individuals that have temporarily or permanently lost their regular job as a result of the disaster or cannot find work as a result of the disruption to business activities caused by a declared emergency and/or disaster. Workforce Solutions of Southeast Texas will contract with a Professional Employer Organization to provide the direct services and will be the employer-of-record for temporary worksite employees for the National Emergency Grant. To be in compliance with State and Federal Regulations each party involved must adhere to this agreement which lists the terms, conditions, roles and responsibilities. The Agency/Worksite Employer signature attests Form NEG 001 Page 1 of 5 Original—Workforce Center WFSSET(08/10) Copy—Employer Directive 08-32 Attachment 1-Amended that you have received, read and agree to this Agreement (Agency/Worksite Employer, Workforce Solutions of Southeast Texas and Professional Employer Organization Roles and Responsibilities). Limitations on Participation The Worksite Employer understands and agrees that no participant shall begin work until this Agreement is executed by the Worksite Employer and Workforce Solutions of Southeast Texas. All temporary employment under this National Emergency Grant must end no later than December 31, 2010 unless otherwise noted. These limitations apply to individuals and not specific jobs. Tracking of participant work hours and wages will be conducted by Workforce Solutions of Southeast Texas NEG staff, Workforce Solutions Board staff and Employer of Record. Furthermore, the Worksite Employer must ensure that NEG participants'wages are based on the prevailing rate of pay for individuals employed in similar occupations by said employer. In addition, Worksite Employer must notify Workforce Solutions of Southeast Texas NEG staff of changes to NEG participant's wages, rate of pay, or status prior to such changes taking affect. These changes will be documented on the NEG Worksite Employer/Employee Agreement(NEG 002). Temporary employment under the NEG is considered employment for the purpose of reporting wages for Unemployment Insurance(UI)or Disaster Unemployment Assistance(DUA)benefits. Recruitment and Selection Recruitment and eligibility determinations will be the responsibility of Workforce Solutions of Southeast Texas. Individuals determined to be eligible for this program will be referred to the Worksite by Workforce Solutions of Southeast Texas. Hold Harmless Without waiving its sovereign immunity, and if and to the extent allowed by law, each party shall indemnify and hold harmless each other, its officers, officials, and employees from and against all claims and liabilities of any nature or kind, including costs and expenses for or on account of any claims, damages, losses, or expenses of any character whatsoever resulting in whole or in part from the negligent performance or omission of either party's employees or representatives connected with the activities described herein. Chances to the Agreement There shall be no modification or amendment of this Agreement, except in writing, executed with the same formalities as this instrument. Requests for interpretations of the Agreement provisions shall be directed to the Workforce Solutions of Southeast Texas and must be in writing. No interpretations shall be official or binding upon the Worksite Employer unless it is received in written form. Termination This Agreement may be terminated as follows: A. Workforce Solutions of Southeast Texas or the Worksite Employer may terminate the Agreement for convenience upon ten(10)calendar days prior written notice to the other party. B. Workforce Solutions of Southeast Texas may terminate this Agreement in whole or in part at any time that the Workforce Solutions of Southeast Texas Director, in his or her sole judgment, determine that. 1) The Worksite Employer has failed to comply with any of the provisions contained in this Agreement or any Amendment hereto; 2) the Worksite Employer fails to perform in whole or in part under this Agreement or fails to take corrective action after receiving oral or written requests to do so within an appropriate time period as may be stipulated by Workforce Solutions of Southeast Texas; or 3) The United States Department of Labor or State of Texas fails to provide adequate funds, reduces, eliminates or otherwise terminates the program under which this Agreement is written. Form NEG 001 Page 2 of 5 Original—Employer WFSSET(08/10) Copy—Workforce Center Directive 08-32 Attachment 1—Amended Notice Other than as provided herein, notice shall be required to be given to Workforce Solutions of Southeast Texas under this Agreement, and shall be sufficient when hand delivered or mailed to the Workforce Solutions of Southeast Texas at its office at 2901 Turtle Creek Drive, Suite 310, Port Arthur, Texas 77642. All notices required to be given to the Worksite Employer under this Agreement shall be sufficient when hand delivered or mailed to the Worksite Employer at its office located at the address identified on page one of the Agreement. Controlling Laws This agreement and the provisions contained herein shall be construed, controlled and interpreted according to the laws of the State of Texas. Involved Entities • Workforce Solutions of Southeast Texas (Beaumont, Port Arthur, Orange and Silsbee) • Employers • Employees • Employer of Record Responsibilities of Workforce Solutions of Southeast Texas Workforce Solutions of Southeast Texas accepts and agrees that it shall: A. Assist the job site supervisor in resolving any problems concerning the participants' performance on the job by responding to the Worksite Employer's notice. B. Hear all grievances concerning program participant's performance at the job site. C. Provide counseling and supportive services to participants as the need is identified. Monitorina The Worksite Employer shall allow Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or any of its agents and/or subcontractors, and the US Department of Labor (DOL) to visit the Worksite Employer's work sites, monitor the program, report problems, require corrective action within specified time periods or remove participants from work sites without prior notice other than a written notification to be delivered to the Worksite Employer at the time of the removal. This action may be taken when Workforce Solutions of Southeast Texas, the Governor of the State of Texas, or DOL finds serious or continual violations of rules or laws, where violations are not being remedied, or where Workforce Solutions of Southeast Texas, the Governor of the State of Texas or DOL find noncompliance on any of the terms or conditions under this Agreement. Responsibilities of the Worksite Employer The Worksite Employer accepts and agrees that it shall: A. Direct and supervise participants work activities in accordance with their job description(s), which is hereby incorporated by reference and made a part of this Agreement. B. Assure that it will have supervisory personnel who will act as work site supervisors for each of the Worksite Employer's work sites so as to provide for continuous on-site supervision of participants. C. Assign worthwhile and meaningful work to participants during the entire time they are at the worksite. D. Require participants'conformance with the Worksite Employer's Personnel Rules of Conduct. Form NEG 001 Page 3 of 5 Original—Employer WFSSET(08110) Copy—Workforce Center Directive 08-32 Attachment 1—Amended E. Provide orientation and train their work site Supervisory personnel including any alternate staff directly responsible for the supervision of participants as to the Worksite Employer's responsibilities and obligations under this Agreement. F. Notify Workforce Solutions of Southeast Texas immediately of any temporary and/or ongoing changes in the designation of personnel who will be supervising the participant(s). G. Be accountable for maintaining participant time sheets by keeping accurate work time attendance rosters, supervising the proper completion and signing of time sheets by each participant, certifying and signing participant time sheets if all the prior requirements are met, and submitting these timesheets to the Workforce Solutions of Southeast Texas representative as instructed. H. Ensure that all sites where participants will be assigned are sanitary and safe environments in accordance with health and safety standards established by State and Federal law. 1. Ensure that all required safety supplies and equipment are used in the proper manner for the intended use. J. Conform to normal routines and functions befitting a reasonable business establishment, including, but not limited to, appropriate supervision on the premises at all times, displaying positive work habits, maintaining safe working conditions,and appropriate attire. K. Have an inclement weather plan for any approved positions that are required to work out of doors to ensure that alternative tasks can be performed inside during inclement weather. L. Inform Workforce Solutions of Southeast Texas and Employer of Record immediately should an accident or injuries occur at the job site affecting or involving a participant and require the participant to complete a first report of injury form. M. Notify Workforce Solutions of Southeast Texas by telephone of any problem or concern regarding a participant's performance at a work site as soon as possible, but at least within 24 hours of when the problem is identified. N. Not discriminate against any participant or potential participant because of race, color, religion, sex, national origin or disability. O. Ensure that participants receive fair and impartial treatment and that participants shall not be subjected to harassment of any type or form. P. Ensure that the following general conditions for temporary jobs shall be complied with: 1) Participants shall receive comparable working conditions and non-payroll benefits such as rest breaks, etc. as other employees; 2) There shall be no displacement of regular employees nor replacement of laid-off workers by the temporary job participant(s); and 3) There shall be no infringement of promotional opportunities for regular employees. U. Not subcontract, assign or transfer any rights or responsibilities under this agreement or any portion thereof without the prior written approval of Workforce Solutions of Southeast Texas. V. Acknowledge that the NEG funds are a supplement and are not to supplant any other federal funds. Implement administrative controls to ensure that costs for wages and other costs that the Workforce Solutions of Southeast Texas is responsible for paying are not being paid by other federal,state, or local programs to eliminate the possibility of a duplication of funding. Form NEG 001 Page 4 of 5 Original—Employer WFSSET(08/10) Copy—Workforce Center Directive 08-32 Attachment 1—Amended W. Maintain all records and files pertaining to the operation of this Agreement and any amendment hereto for three(3)years following expiration of this Agreement Records and files shall include, but not be limited to, time and attendance sheets,supervisor assignments, this Agreement, etc. X. Immediately advise Workforce Solutions of Southeast Texas in writing of any actions, suits, claims or grievances filed against the Worksite Employer, Workforce Solutions of Southeast Texas, State of Texas, federal officials or participants that in any way relates to this Agreement. Y. Worksite Employer must determine and ensure that all temporary workers at all worksites are only performing disaster-related work activities. The Worksite Employer shall notify Workforce Solutions of Southeast Texas of any changes to the required work hours,job description, and/or if the disaster recovery work has been completed and the job needs to be ended. Prohibited Activities Sectarian Activities: The Worksite Employer assures that participants will not be employed in building, operating, or maintaining any part of any building,which is used for religious instruction or worship. Collective Bargaining and Union Activities: The Worksite Employer assures that this agreement will not impair existing contracts for services or collective bargaining agreement between the Worksite Employer and other parties, nor will this agreement assist, promote or deter union organization. Lobbying And Political Activities: The Worksite Employer assures that this agreement will not assist with political or lobbying activities or the cost of any salaries or expenses related to any activity designed to influence legislation or appropriation pending before the Congress of the United States. Relocation: Neither the execution nor performance of the Agreement will assist in, support or otherwise contribute to the relocation of the Worksite Employer's business. IN WITNESS THEREOF, the parties hereto having been duly authorized and representing that they have the power and authority to execute this Agreement and perform the responsibilities specified herein have made and executed this Agreement on the respective dates under each signature. Worksite Employer Name Workforce Solutions of Southeast Texas Signature Authority Signature Authority Print Name Print Name Title Title Date Date Form NEG 001 Page 5 of 5 Original—Employer WFSSET(08/10) Copy—Workforce Center Directive 08-32 Attachment 1—Amended WORKFORCE SOLUTIONS Workforce Solutions of Southeast Texas SOUTHEAST TEXAS Temporary Disaster Relief Jobs Program Worksite Job Order Request Agency/Organization Name: Address: Contact Person: Telephone&E-mail: MANDATORY: • A job description and justification for each occupation listed must be attached to this form. • Complete and attach this form to Worksite Agreement Worksite JOB TITLE* Address #of Positions ENmy LEVEL WAGE Form NEG 003(Pink) Original—Employer WFSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 1 of 6 *PAGE 2 OF THIS MUST BE COMPLETED FOR EACH JOB TITLE LISTED ABOVE. JOB TITLE(ATTACH JOB DESCRIPTION): Scheduled Work Hours Total Hours Day/Week 40_ Scheduled Work Days Expected Length of Job(*of weeks): List M supplies, uniforms, equipment. drug testing, etc. required for each position: Supplies: Uniforms: Small Equipment: Drug Test: Background Check: Interview: (Y/N) Other: PLEASE provide the names of worksite supervisors authorized to provide direct supervision to Disaster Relief Employees. SUPERVISOR(S): TITLE: Telephone Number: DISASTER JUSTIFICATION: JOBISKILL QUALIFICATIONS: Form NEG 003(Pink) Original—Employer W FSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 2 of 6 *PAGE 2 OF THIS MUST BE COMPLETED FOR EACH JOB TITLE LISTED ABOVE. JOB TITLE ATTACH JOB DESCRIP oN): Scheduled Work Hours Total Hours Day/Week 40_ Scheduled Work Days Expected Length of Job(*of weeks): 0 Z `� List any supplies,uniforms, equipment, drug testing, etc. required for each position: Supplies: Uniforms: Small Equipment: Drug Test: Background Check: Interview: (Y/N) Other: PLEASE provide the names of worksite supervisors authorized to provide direct supervision to Disaster Relief Employees. SUPERVISOR(S): TITLE: Telephone Number: DISASTER JUSTIFICATION: JOB f SKILL QUALIFICATIONS: �P2_ �GR ci jv �2S c Form NEG 003(Pink) Original—Employer WFSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 3 of 6 *PAGE 2 OF THIS MUST BE COMPLETED FOR EACH JOB TITLE LISTED ABOVE. JOB TITLE(ATTACH JOB DESCRIPTION): Scheduled Work Hours Total Hours Day/Week 40_ Scheduled Work Days Expected Length of Job(*of weeks): List and supplies,uniforms, equipment, dru to esting, etc. required for each position: Supplies: Uniforms: Small Equipment: Drug Test: Background Check: Interview: (Y/N) Other: PLEASE provide the names of worksite supervisors authorized to provide direct supervision to Disaster Relief Employees. SUPERVISOR(S): TITLE: Telephone Number: DISASTER JUSTIFICATION: JOB f SKILL QUALIFICATIONS: Form NEG 003(Pink) Original—Employer WFSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 4 of 6 *PAGE 2 OF THIS MUST BE COMPLETED FOR EACH JOB TITLE LISTED ABOVE. JOB TITLE(ATTACH JOB DESCRIPTION): Scheduled Work Hours Total Hours Day/Week 40_ Scheduled Work Days Expected Length of Job(*of weeks): List my MR-&s, uniforms, equipment, drug testing, etc. required for each position: Supplies: Uniforms: Small Equipment: Drug Test: Background Check: Interview: (Y/N) Other: PLEASE provide the names of worksite supervisors authorized to provide direct supervision to Disaster Relief Employees. SUPERVISOR(S): TITLE: Telephone Number: DISASTER JUSTIFICATION: JOB/SKILL QUALIFICATIONS: Form NEG 003(Pink) Original—Employer WFSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 5 of 6 *PAGE 2 OF THIS MUST BE COMPLETED FOR EACH JOB TITLE LISTED ABOVE. JOB TITLE(ATTACH JOB DESCRIMON): Scheduled Work Hours Total Hours Day/Week 40_ Scheduled Work Days Expected Length of Job(*of weeks): List any supplies. uniforms, ee gnipment, drug testing, etc. required for each position: Supplies: Uniforms: Small Equipment: Drug Test: Background Check: Interview: (Y/N) Other: PLEASE provide the names of worksite supervisors authorized to provide direct supervision to Disaster Relief Employees. SUPERVISOR(S): TrrLE: Telephone Number: DISASTER JUSTIFICATION: Jos f SKILL QUALIFICATIONS: Form NEG 003(Pink) Original—Employer W FSSET 08/10 Copy—Workforce Center Directive 08-32 Attachment 3 Page 6 of 6 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 an agreement with Workforce Solutions of Southeast Texas to provide the City of Beaumont with temporary workers for the purpose of cleanup, restoration and humanitarian efforts made necessary as a direct result of recovery efforts associated with Hurricane Ike. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - D RICH WITH OPPORTUNITY T • E , n Item • X • A • s Ci Council A eds t3' g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police G MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to approve a memorandum of understanding with North Central Texas Council of Governments to allow the Police Department to share data with other law enforcement agencies through a Law Enforcement Analysis Portal (LEAP). RECOMMENDATION Administration recommends approval. BACKGROUND The Law Enforcement Analysis Portal (LEAP)provides a cached repository of criminal records, management system data, and other pertinent criminal justice data to be shared and analyzed among contributing agencies. Since criminals are not restricted to jurisdictional boundaries, shared systems provide a method of collaboration between agencies. LEAP will provide a single system to pull from a multitude of local, state, and federal databases to submit queries, enhance officer safety, and develop crime and link analysis. The portal project was established by the North Central Texas Council of Governments (NCTCOG) and encompasses numerous agencies within Texas. A Memorandum of Understanding is necessary to allow NCTCOG to coordinate with the City's Records Management System vendor to gather data and assess connectivity and data communication issues. An additional agreement formalizing the data flow process will be submitted before any transfer of information begins. Control of information remains with the providing agency. BUDGETARYIMPACT There are no fees associated with the initial phase of the project. If the Police Department is able to query the system, a yearly maintenance fee may be assessed. Southeast Texas police agencies are discussing utilizing regional grant funds to defray or remove any direct cost to the cities. 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 Memorandum of Understanding, substantially in the form attached hereto as Exhibit"A,"with North Central Texas Council of Governments to allow the Police Department to share data with other law enforcement agencies through a Law Enforcement Analysis Portal. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - MEMORANDUM OF UNDERSTANDING BETWEEN THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND The City of Beaumont on behalf of the Beaumont Police Department FOR PARTICIPATION IN THE LAW ENFORCEMENT ANALYSIS PORTAL (LEAP) Purpose: The purpose of this inter-agency information sharing project is multi fold: 1. Officer Safety — provide a mechanism for patrol officers to query multiple agency databases cached in a secure LEAP database, to receive focused information prior to making contact, in table form about a vehicle, plate, or location, when those elements have been involved in weapons, assaultive, drug or gang activity. 2. Crime and Link Analysis — queries against the LEAP data cache will provide responses in summary table format, report format, or geospatially on a road map. Relationships between individuals, locations, and property are shown geospatially in a Link Chart assisting investigators in connecting the dots. 3. Additional optional hosted software tools to complement the effectiveness and efficiency of jurisdictions that request services, such as a hosted RMS which allows agencies access to hosted services at affordable prices by subscription rather than capital expenditure. 4. Other services and functionality may be added at a later date as deemed necessary by the LEAP Advisory Committee This purpose of this Memorandum of Understanding (MOU) establishes permissions and guidelines for the use of Records Management System (RMS), Jail Management System (JMS), and other Criminal Justice data the parties agree to share with other law enforcement and public safety agencies to include but not limited to: • Local government jurisdictions in Texas and other secure information sharing systems in other states that wish to participate and enter into this agreement, • State agencies in Texas and other states that wish to participate and enter into this agreement, • Federal agency units based in Texas and their specialized field units, and other agency units outside Texas who wish to participate and enter into this agreement. Authority: Authority for NCTCOG to enter into this MOU: • State enabling legislation Chapter 391 — Local Government Code- "to assist local governments in planning for common needs, cooperating for mutual benefit, and coordinating for sound regional development". Authority for local and state agencies to enter into this MOU: • Chapter 771 — Interagency Cooperation Act—"In an interagency exchange that is exempt from the requirements of a written agreement or contract, the agencies involved shall document the exchange through informal letters of agreement or memoranda." • Chapter 791 —Government Code— Interlocal Contracts—allows units of local government to contract with each other to perform governmental functions and services. • Each agency entering into this MOU warrants that it has legal authority to enter into this MOU for the specified purposes. 1 of I EXHIBIT "A" Understandings a. This Memorandum of Understanding (MOU) is entered into by the North Central Texas Council of Governments (NCTCOG) and the City of Beaumont on behalf of the Beaumont Police Department (hereinafter referred to as "contributing agency"), for the purpose of participating in the Law Enforcement Analysis Portal project (hereinafter referred to as LEAP). b. This MOU relates to participation in the LEAP data cache. Data submitted by contributing agencies is and remains the property of the contributing agencies. Access by authorized users will be controlled and analyzed through a Gateway developed by a private security company licensed in the state of Texas. The LEAP data center will be secured consistent with FBI-CJIS guidelines. c. Security of authorized users will be analyzed by a private security company licensed in the state of Texas. Their analysis will report any unusual activity to the law enforcement agency holding the subscription for that user. Follow up on this report will be the responsibility of that agency, consistent with the agency's internal policies, FBI-CJIS guidelines, Code Of Federal Regulations, Title 28--Judicial Administration, chapter I--Department of Justice, Part 20--Criminal Justice Information Systems, and Texas Government Code § 411.083. Dissemination Of Criminal History Record Information d. The LEAP project was approved by the Executive Board of NCTCOG on December 15, 2005. Subsequently, the LEAP Advisory Committee composed of eleven law enforcement executives from the NCTCOG region was approved by the Executive Board of NCTCOG on April 27, 2006. The purpose of the Advisory Committee is to review, modify and recommend for approval the Manual of Administrative and Operational Guidelines (MAOG), other documents as appropriate, and to network with the Texas Department of Public Safety Records Section for sharing of criminal Records Management System data, and any other data deemed appropriate by the parties. e. NCTCOG created LEAP as a cached repository of criminal records management system data, and other pertinent criminal justice data to be shared and analyzed among other contributing public safety agencies. NCTCOG will provide the contributing agency with technical assistance for the extraction and submission of relevant data from their automated systems to the secure LEAP Data Center if required by the contributing agency. f. The contributing agency retains sole ownership of and sole responsibility for the information it contributes, including but not limited to, the accuracy of the information. Receiving agencies will take no enforcement action without first verifying the current status of that information with the contributing agency. g. The contributing agency will submit their law enforcement Records Management System (RMS) data, and other criminal justice data to LEAP as agreed by the NCTCOG LEAP Advisory Committee and the contributing agency. The contributing agency will follow the LEAP "MAOG" for the submission, query, crime and link analysis and all other uses of contributing agencies shared information. h. LEAP is a law enforcement officer safety, crime and link analysis, tool and is not an intelligence analysis tool. If an Intelligence Agency accesses LEAP for analysis, that agency shall ensure that data remains law enforcement sensitive and will not insert classified data into the LEAP Data Cache. i. Each party to this agreement agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party's employees, officers, or agents, regardless of where the individual's actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers, and agents; however, such responsibility is only to the extent 2 of 3 required by Texas law. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. j. NCTCOG shall have the authority to inspect and audit the records and operation of the contributing agency to determine compliance with this agreement, LEAP policy, procedures, and all applicable state and federal laws. k. NCTCOG reserves the right to immediately suspend service to the contributing agency when NCTCOG determines that this agreement or any applicable state or federal law, rule, or regulation has been violated by the contributing agency or an employee of the contributing agency. NCTCOG may reinstate the service upon receipt of satisfactory assurances that such violations have been corrected and measures have been taken to prevent future violations by the contributing agency. I. Either NCTCOG or the contributing agency may upon 30 days written notice discontinue service or participation in LEAP. NCTCOG shall not be required to give notice prior to suspending services as stated above in Paragraph (k.). m.The point of contact for LEAP and this MOU is the Manager of Criminal Justice Programs, North Central Texas Council of Governments, currently Robert P. Neff, who can be reached at 817-695- 9174, or email at Rneff .nctcog.org. n. The point of contact for LEAP and this MOU for the contributing agency will be reported to the NCTCOG point of contact after execution of this agreement prior to assignment of authorized user names and pass words for the LEAP Gateway by a private security company licensed in the state of Texas. IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each on the dates indicated. A photocopy or facsimile signature is as valid as the original. This agreement is effective upon the last signature date. FOR THE CONTRIBUTING AGENCY: FOR NCTCOG: Signature Signature of Executive Director Kyle Hayes Print Name Mike Eastland City Manager Title Date Date OSSI Current RMS Vendor 3 of 3 RICH WITH OPPORTUNITY BEA,UMON* T • E • % • A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 21,2010 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: * Public Comment: Persons may speak on scheduled agenda items 1-5/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2011 Budget 2. Consider adopting the 2011 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2011 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2010(FY 2011) 5. Consider authorizing the City Manager to execute a contract for the construction of a maintenance building at the Wastewater Treatment Plant COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Jacob Benfield v. City of Beaumont,Texas,et al City of Beaumont v. Greg Abbott,Attorney General of Texas, et al Kevin Roach v. City of Beaumont Lewallen v. City of Beaumont 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 September 21,2010 Consider adopting the FY 2011 Budget RICH WITH OPPORTUNITY BEA,IIMON* T • E 0 x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider adopting the FY 2011 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2011 Budget as submitted to Council on August 10, 2010. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2011 Budget was submitted to Council on August 10, 2010, and reviewed during a work session on August 31, 2010. A public hearing was held on August 31, 2010, which met the requirements of the Charter and state law. BUDGETARY IMPACT The proposed FY 2011 Budget appropriation for all funds,net of contingency, totals $205,383,228. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER 1, 2010, AND ENDING SEPTEMBER 30, 2011, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS,the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2010, and ending September 30, 2011; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted, ratified and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2010, and ending the 30th day of September, 2011, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 3. That the sums indicated are appropriated from the following schedule of funds: a. General $104,867,400 (includes $1.5 million contingency) b. Debt Service $15,389,500 C. Water Utilities $41,654,700 d. Water Revenue Bond Reserve Fund -0- e. Solid Waste Management $9,790,700 f. Hotel Occupancy Tax $2,807,500 g. Henry Homberg Golf Course $437,900 h. Municipal Transit $4,895,000 i. Other Special Revenue $2,649,228 j. Capital Reserve $3,540,500 k. Fleet Management $8,233,000 I. Employee Benefits $17,821,600 M. General Liability $1,529,200 Section 4. That the City Manager is hereby authorized to transfer budgeted funds from one line item to another line item provided the transaction is not an inter-fund transfer. Section 5. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 6. 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 21st day of September, 2010. - Mayor Becky Ames - s GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Sales and use taxes $ 40,826,919 $ 37,353,300 32,891,100 $ 32,888,000 Property taxes 27,367,093 28,508,000 28,630,100 29,537,000 Industrial payments 16,102,794 14,568,200 14,744,400 13,244,200 Gross receipts taxes 8,779,389 8,364,900 8,578,500 8,130,000 Utility fund in lieu 7,036,000 7,236,000 7,236,000 8,636,000 Charges for services 3,819,059 3,600,000 4,208,900 3,941,300 Fines and forfeits 2,236,003 2,218,800 2,107,200 2,110,000 Licenses and permits 1,793,578 1,350,000 1,675,200 1,490,400 Other 2,062,086 2,070,900 2,192,000 2,023,400 Transfers in 645,700 645,700 645,700 645,700 TOTAL REVENUES 110,668,621 105,915,800 102,909,100 102,646,000 EXPENDITURES Police 29,225,928 30,358,000 30,672,500 30,583,200 Fire 22,764,134 23,424,300 22,617,900 23,285,400 Public Health 7,458,328 8,328,500 7,329,000 7,661,600 Internal Services - - - 7,022,100 Engineering - - - 6,091,000 Streets&Drainage - - - 5,361,500 Information Technology 5,461,432 5,017,100 5,002,100 5,311,800 Event Facilities and Libraries 4,102,787 4,346,600 4,167,500 4,280,600 Parks and Recreation 4,698,874 4,606,200 4,471,200 4,260,000 Finance 3,598,804 3,837,300 3,597,500 3,427,300 Community Development 2,158,574 2,021,700 1,956,900 1,947,100 Executive Office 1,667,928 1,786,400 1,693,500 1,644,900 Human Resources 990,283 1,024,900 934,900 876,700 City Attorney 797,204 872,300 836,400 788,800 City Clerk 252,844 250,100 265,200 340,400 ' Public Works 16,747,359 18,653,700 18,072,100 - TOTAL EXPENDITURES 99,924,479 104,527,100 101,616,700 102,882,400 OTHER USES Transfers out 7,172,200 2,004,300 2,004,300 1,985,000 TOTAL APPROPRIATIONS 107,096,679 106,531,400 103,621,000 104,867,400 EXCESS(DEFICIT)REVENUES OVER APPROPRIATIONS 3,571,942 (615,600) (711,900) (2,221,400) BEGINNING FUND BALANCE 23,229,482 26,015,549 26,801,424 26,089,524 Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000 Unreserved 25,301,424 23,899,949 24,589,524 22,368,124 ENDING FUND BALANCE $ 26,801,424 $ 25,399,949 26,089,524 $ 23,868,124 " In FY 2011,the Public Works department was re-allocated to Streets&Drainage, Internal Services and Engineering. EXHIBIT "A" DEBT SERVICE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES Property taxes $ 13,042,645 $ 13,123,000 $ 12,994,400 $ 13,619,000 Other 329,769 382,200 407,800 353,700 Transfers in 983,822 920,000 920,000 927,000 TOTAL REVENUES 14,356,236 14,425,200 14,322,200 14,899,700 EXPENDITURES Principal and interest 14,460,621 14,737,400 14,737,400 15,372,500 Service charges 4,143 8,000 5,000 8,000 Other operating expenses - 9,000 - 9,000 TOTAL EXPENDITURES 14,464,764 14,754,400 14,742,400 15,389,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (108,528) (329,200) (420,200) (489,800) BEGINNING FUND BALANCE 2,596,861 2,403,860 2,488,333 2,068,133 ENDING FUND BALANCE $ 2,488,333 $ 2,074,660 $ 2,068,133 $ 1,578,333 WATER UTILITIES FUND .. k , STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Water sales $ 26,008,463 $ 29,711,300 $ 29,300,000 $ 30,983,300 Sewer charges 6,506,106 7,055,600 7,150,000 7,528,200 Other 2,231,341 1,822,000 2,138,900 1,499,700 TOTAL REVENUES 34,745,910 38,588,900 38,588,900 40,011,200 EXPENDITURES Wages 6,533,496 6,818,100 7,219,500 7,139,900 Benefits 3,411,142 3,516,800 3,600,300 3,416,200 Operating expenditures 1,173,728 1,197,900 1,204,800 1,276,900 Repair and maintenance 3,974,574 4,399,700 4,316,800 4,240,800 Utilities 1,900,308 2,454,600 1,889,100 2,089,900 Contract services 846,415 1,044,900 1,173,200 1,316,800 Equipment purchases 7,961 5,300 49,300 14,000 Capital expenditures 2,087,422 1,029,200 1,003,000 1,672,300 Debt service 10,271,733 11,063,100 11,068,300 12,193,900 Payment in lieu of taxes 5,630,000 5,730,000 5,730,000 6,730,000 Transfers to other funds 270,000 270,000 270,000 1,564,000 TOTAL EXPENDITURES 36,106,779 37,529,600 37,524,300 41,654,700 EXCESS(DEFICIT) REVENUES OVER EXPENDITURES (1,360,869) 1,059,300 1,064,600 (1,643,500) BEGINNING FUND BALANCE 9,420,430 6,623,882 8,059,561 9,124,161 Unreserved 8,059,561 7,683,182 9,124,161 7,480,661 ENDING FUND BALANCE $ 8,059,561 $ 7,683,182 $ 9,124,161 $ 7,480,661 WATER REVENUE BOND RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES Transfers in $ - $ - $ - $ 360,000 TOTAL REVENUES - - - 360,000 BEGINNING FUND BALANCE - - - - Unreserved - - - 360,000 ENDING FUND BALANCE $ - $ - $ - $ 360,000 SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Residential collections $ 5,912,400 $ 5,800,000 $ 5,915,000 $ 5,900,000 Landfill fees 3,946,206 2,600,000 3,200,000 3,000,000 Proceeds from sale of assets 4,114 1,500 22,400 1,500 Other 82,309 92,000 19,200 13,000 TOTAL REVENUES 9,945,029 8,493,500 9,156,600 8,914,500 EXPENDITURES Wages 2,081,477 2,155,300 2,156,200 2,212,200 Benefits 1,163,343 1,196,900 1,203,900 1,196,300 Operating expenditures 590,441 977,600 808,700 1,014,600 Repair and maintenance 2,447,746 2,386,600 2,118,600 2,087,800 Utilities 18,337 32,500 19,900 23,500 Contract services 183,683 223,600 165,400 222,600 Equipment purchases - 8,200 - - Capital expenditures 333,892 2,199,300 2,332,500 707,600 Debt service 185,636 183,800 183,800 435,100 Payment in lieu of taxes 1,306,000 1,406,000 1,406,000 1,806,000 Transfers to other funds 170,000 160,000 160,000 85,000 TOTAL EXPENDITURES 8,480,555 10,929,800 10,555,000 9,790,700 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 1,464,474 (2,436,300) (1,398,400) (876,200) BEGINNING FUND BALANCE 2,697,825 3,936,914 4,162,299 2,763,899 Unreserved 4,162,299 1,500,614 2,763,899 1,887,699 ENDING FUND BALANCE $ 4,162,299 $ 1,500,614 $ 2,763,899 $ 1,887,699 HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES Gross receipts taxes $ 3,240,073 $ 2,600,000 $ 2,382,800 $ 2,300,000 Other 99,038 33,800 26,600 25,400 TOTAL REVENUES 3,339,111 2,633,800 2,409,400 2,325,400 EXPENDITURES Convention and Visitors Bureau 1,723,046 1,905,700 1,762,600 1,607,800 Designated programs 332,000 452,000 452,000 357,000 Payment in lieu of taxes 100,000 100,000 100,000 100,000 Transfers to other funds 1,135,700 735,700 735,700 742,700 TOTAL EXPENDITURES 3,290,746 3,193,400 3,050,300 2,807,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 48,365 (559,600) (640,900) (482,100) BEGINNING FUND BALANCE 1,278,079 1,048,078 1,326,444 685,544 Unreserved 1,326,444 488,478 685,544 203,444 ENDING BALANCE $ 1,326,444 $ 488,478 $ 685,544 $ 203,444 Convention&Tourism Personnel FY 2009 FY 2010 FY 2011 Exempt 8 8 8 Clerical 1 1 1 9 9 9 HENRY HOMBERG GOLF COURSE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES Charges for services $ 492,503 $ 495,000 $ 388,900 $ 438,000 Other 5,540 500 100 100 Transfers in 35,000 70,000 70,000 35,000 TOTAL REVENUES 533,043 565,500 459,000 473,100 EXPENDITURES Wages 220,881 205,200 178,800 159,000 Benefits 69,102 65,500 62,300 44,300 Operating expenditures 55,439 47,600 39,000 43,400 Repair and maintenance 44,647 62,800 58,800 52,800 Utilities 16,756 19,300 20,000 19,000 Contract services 8,263 15,200 7,000 82,000 Capital expenditures 58,600 55,300 55,300 24,800 Debt service 75,644 75,700 75,600 12,600 TOTAL EXPENDITURES 549,332 546,600 496,800 437,900 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (16,289) 18,900 (37,800) 35,200 BEGINNING FUND BALANCE 59,156 15,157 42,867 5,067 Unreserved 42,867 34,057 5,067 40,267 ENDING FUND BALANCE $ 42,867 $ 34,057 $ 5,067 $ 40,267 MUNICIPAL TRANSIT FUND 0=12M MAW STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Service charges $ 590,208 $ 600,000 $ 555,000 $ 550,000 Intergovernmental revenues 8,462,688 4,581,600 4,616,300 2,253,800 Other 14,124 500 1,000 400 Transfers in 2,000,000 1,900,000 1,900,000 1,950,000 TOTAL REVENUES 11,067,020 7,082,100 7,072,300 4,754,200 EXPENDITURES Operating Supplies - 324,000 160,000 180,000 Contract services 4,648,734 4,520,400 4,684,400 4,715,000 Capital outlay 6,183,292 2,362,500 2,362,500 - TOTAL EXPENDITURES 10,832,026 7,206,900 7,206,900 4,895,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 234,994 124,800 (134,600) (140,800 BEGINNING FUND BALANCE 55,140 299,340 290,134 155,534 Unreserved 290,134 174,540 155,534 14,734 ENDING FUND BALANCE $ 290,134 $ 174,540 $ 155,534 $ 14,734 OTHER FUNDS STATEMENT OF REVENUES AND EXPENDITURES Estimated Balance FY 2011 Balance 10/01/10 Revenues Approp. 09/30/11 Municipal Airport $ - $ 204,700 204,700 $ - Texas Motor Carrier Violations 94,592 45,500 140,092 - Municipal Court Security Fee - 60,000 60,000 - Municipal Court Technology 419,597 72,000 491,597 - Municipal Court Juvenile Case Manager 4,142 65,000 69,142 - Ike Recovery 360,111 680,200 1,040,311 - Library Grants 5,200 10,000 15,200 - Confiscated Goods 64,538 90,500 155,038 - Julie Rogers Theatre Endowment 122,240 500 22,740 100,000 (1) Tyrrell Historical Library 1,823 100 1,923 - Expendable Trust 226,989 13,200 240,189 - Library Trust 85,211 500 85,711 - Library Endowment 885,485 4,000 114,585 774,900 (1) Historical Fire Museum - 8,000 8,000 - TOTAL $ 2,269,928 $ 1.254,200 $ 2,649.228 $ 874,900 (1) Unexpendable endowment CAPITAL RESERVE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES Fleet rental $ 1,967,700 $ 2,116,100 $ 2,242,400 $ 2,145,700 Other 451,767 204,800 187,600 39,800 Transfers in 4,031,200 - - - TOTAL REVENUES 6,450,667 2,320,900 2,430,000 2,185,500 EXPENDITURES Improvements 3,184,305 1,918,000 1,104,000 770,000 Equipment 1,340,202 904,500 759,900 1,185,200 Vehicles 3,264,536 1,747,000 1,737,400 1,203,000 Debt service 350,186 231,100 283,900 382,300 TOTAL EXPENDITURES 8,139,229 4,800,600 3,885,200 3,540,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (1,688,562) (2,479,700) (1,455,200) (1,355,000) BEGINNING FUND BALANCE 8,842,623 5,783,323 7,154,061 5,698,861 Unreserved 7,154,061 3,303,623 5,698,861 4,343,861 ENDING FUND BALANCE $ 7,154,061 $ 3,303,623 $ 5,698,861 $ 4,343,861 FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2009 FY 2010 FY 2010 FY 2011 REVENUES User fees $ 7,481,426 $ 7,917,300 $ 7,300,000 $ 7,877,500 Other 19,511 500 7,500 4,000 TOTAL REVENUES 7,500,937 7,917,800 7,307,500 7,881,500 EXPENDITURES Wages 1,314,811 1,415,600 1,386,500 1,380,300 Benefits 684,966 719,100 707,900 704,200 Operating expenditures 1,880,606 3,068,400 2,259,800 3,070,100 Repair and maintenance 2,501,507 2,331,200 2,324,200 2,300,400 Utilities 43,911 57,500 50,500 54,800 Contract services 1,049,107 696,000 676,200 693,300 Equipment purchases 33,439 16,200 16,200 29,900 TOTAL EXPENDITURES 7,508,347 8,304,000 7,421,300 8,233,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (7,410) (386,200) (113,800) (351,500) BEGINNING FUND BALANCE 1,159,213 1,111,107 1,151,803 1,038,003 Reserved for inventory - - - - Unreserved 1,151,803 724,907 1,038,003 686,503 ENDING FUND BALANCE $ 1,151,803 $ 724,907 $ 1,038,003 $ 686,503 EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Service charges $ 14,020,335 $ 13,996,500 $ 13,966,500 $ 13,797,000 Employee contributions 2,876,748 3,116,700 3,037,700 3,387,700 Other 126,679 45,000 40,300 20,000 Transfers in 230,000 30,000 30,000 30,000 TOTAL REVENUES 17,253,762 17,188,200 17,074,500 17,234,700 EXPENDITURES Health Preferred Provider Organization 7,757,696 8,477,800 9,217,000 12,376,000 Health Maintenance Organization 4,227,083 4,531,500 4,314,300 - Health prescriptions 2,364,214 2,725,000 2,500,000 2,500,000 Dental 841,916 893,500 885,500 887,500 Other benefits 168,036 183,200 182,000 180,200 Total 15,358,945 16,811,000 17,098,800 15,943,700 Worker's Compensation Third party administration 63,000 63,600 63,600 63,600 Claims paid 1,106,556 1,000,000 886,700 1,000,000 Excess insurance 81,500 90,000 85,000 85,000 Safety management 190,018 202,500 2021 900 204,300 Total 1,441,074 1,356,100 1,238,200 1,352,900 General Contract Services - - 3,600 - Unemployment 123,048 100,000 100,000 100,000 Short-term disability 396,297 425,000 281,500 425,000 Total 519,345 525,000 385,100 525,000 TOTAL EXPENDITURES 17,319,364 18,692,100 18,722,100 17,821,600 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (65,602) (1,503,900) (1,647,600) (586,900) BEGINNING FUND BALANCE 4,132,057 4,028,155 4,066,455 2,418,855 Unreserved 4,066,455 2,524,255 2,418,855 1,831,955 ENDING FUND BALANCE $ 4,066,455 $ 2,524,255 $ 2,418,855 $ 1,831,955 GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2010 Estimated Budget FY 2009 (As Amended) FY 2010 FY 2011 REVENUES Transfers in $ 1,210,000 $ 400,000 $ 400,000 $ 325,000 Other 14,744 15,000 9,200 9,000 TOTAL REVENUES 1,224,744 415,000 409,200 334,000 EXPENDITURES Professional services 238,797 200,000 300,000 350,000 Claims paid 722,855 1,325,000 290,000 1,175,000 Otherinsurance 4,136 4,500 4,200 4,200 TOTAL EXPENDITURES 965,788 1,529,500 594,200 1,529,200 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 258,956 (1,114,500) (185,000) (1,195,200) BEGINNING FUND BALANCE 1,549,507 2,000,207 1,808,463 1,623,463 Reserved for unpaid claims - - - - Unreserved 1,808,463 885,707 1,623,463 428,263 ENDING FUND BALANCE $ 1,808,463 $ 885,707 $ 1,623,463 $ 428,263 2 September 21,2010 Consider adopting the 2011 Capital Program RICH WITH OPPORTUNITY BEAIIMON* T • E I• X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 21, 2010 REQUESTED ACTION: Council considering adopting the 2011 Capital Program. RECOMMENDATION Administration recommends Council adopt the 2011 Capital Program as submitted to Council May 11, 2010 and revised August 10, 2010. BACKGROUND Article VI, Section 20 states that"the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh(27') day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 11, 2010. It was revised and submitted to Council on August 10, 2010, and reviewed during a work session on August 31, 2010. A public hearing was also held on August 31, 2010. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2011 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A". A public hearing was held August 31, 2010. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - PUBLIC WORKS PROJECTS Recommended Estimated Time Schedule Design or Construction Phase Cost FY 2011 -2013 Avenue A - Washington to US 69 S $ 10,140,000 Calder - Main to Phelan 62,000,000 [1] Cartwright/Corley - Ditch 100d 1,722,900 [2] College Street - IH-10 to Goliad 10,600,000 Concord Road - Phase IV - East Lucas to Hwy. 105 21,000,000 [3] Delaware - Concord to Dowlen 16,680,000 Dowlen - College to Walden 16,330,000 [4] Dowlen - US 69 N to Delaware 14,600,000 Downtown Improvements Park& Neches - College to Laurel 10,180,000 Wall - Neches to ML King 6,500,000 Crockett - Neches to ML King 3,000,000 Crockett/Laurel-Pearl to Magnolia 2,300,000 Fannett Road - Ethel to Eleventh 880,000 Fannin Street - Fourth to Eleventh 7,250,000 [5] Gulf Street - Live Oak to Delaware 3,100,000 Laurel - IH-10 to Office Park 6,490,000 Madison - Irving to Grove 3,420,000 Magnolia - Bowie to East Lucas 24,800,000 Old Dowlen - Dowlen to Hwy. 105 8,400,000 [6] Regina - Howell to Thomas 2,200,000 School Sidewalk Program 1,500,000 Seventh Street - IH-10 to Laurel 5,800,000 South Park Relief 10,800,000 [7] Street Rehabilitation Program 6,000,000 Traffic Signal System 2,557,000 [8] Washington - IH-10 to ML King 25,000,000 Washington - Langham to Major 13,000,000 [9] [1] Includes FEMA funding of$31,555,000 and the Texas Department of Rural Affairs(TDRA)funding of$1,950,000. The estimated cost to the City is$28,495,000. [2] This is a joint participation project with Jefferson County Drainage District No.6 and the Texas Department of Rural Affairs(TDRA). The estimated cost to the City is$76,300. [3] Includes Federal Highway Administration funding up to$7,375,000. [4] Includes Federal Highway Administration funding of$2,764,800. [5] Includes Texas Water Development Board funding of$2,942,780. [6] Includes TxDOT funding up to$4,000,000. [7] Grant application submitted for funding under 2009 Disaster Recovery Fund-Hurricane Ike. [8] Includes Federal funding of$2,062,000.The City will use$400,000 of the FY 2010 Capital Program Signal Controller Project as an in-kind match.The cost to the City is reduced to$95,000 with the in-kind match. [9] Includes Federal Highway Administration funding of$3,080,000. Bold - Designates New Information EXHIBIT "A" PUBLIC WORKS PROJECTS Recommended Estimated Time Schedule Planned Proiects Cost FY 2011 -2015 Babe Zaharias Drive $ 1,950,000 Belvedere - Regina to Dead End 2,500,000 Caldwood Outfall 7,600,000 Dowlen Road - Delaware to Gladys 10,350,000 East Lucas - US 69 N to Pine 17,400,000 Eleventh Street - Washington to US 69 N 20,800,000 Gladys Street - IH-10 to Dowlen 7,800,000 High School Ditch 12,600,000 Howell - Regina to Sue 2,500,000 Moore Street Relief 8,120,000 North Main Street - Calder to Railroad Tracks 2,600,000 North Street - ML King to Twenty-Third 10,460,000 Phelan Boulevard - IH-10 to Dowlen 22,000,000 Pine Street - IH-10 to Crockett 5,230,000 Sabine Pass - Emmett to ML King 3,880,000 GENERAL IMPROVEMENT PROJECTS Recommended Estimated Time Schedule Design or Construction Phase Cost FY 2011 -2013 Amtrak Station Improvements $ 600,000 Athletic Complex Tennis Center 4,000,000 Civic Center Improvements 1,000,000 Communications Building 1,500,000 Downtown Event Center&Park 10,000,000 Fire Station No. 2 Relocation 2,500,000 [1] Fleet Fire Maintenance Facility 1,500,000 Hike and Bike Trail Phase II - Delaware to Folsom 2,950,000 [2] Municipal Airport Improvements 2,300,000 [3] Police Department Property Building 1,500,000 Property Acquisition&Site Improvements 1,000,000 Riverfront Park Improvements 3,000,000 [4] Transportation Operations Shop 2,600,000 Tyrrell Park Improvements 3,000,000 [5] Walking Trail Improvements at Babe Zaharias Park 250,000 Recommended Time Schedule Planned Proiects FY 2011 -2015 Downtown Library 3,700,000 Fire Station Replacement Project 6,000,000 Fleet Service Center Improvements 2,500,000 Public Health Complex 4,000,000 Senior Center 2,300,000 Surplus Property Building 750,000 1 Application submitted for grant from 2009 Disaster Recovery Fund for Hurricane Ike. 2 Application for a grant from the Federal Transportation Enhancement Program has been submitted.If awarded,the City's portion of the project is 20%or$590,000. 3 Improvements to be funded by the Federal Aviation Adm.95/5%. 4 2008 Disaster Recovery for Hurricane Ike grant awarded$2.6M for bank stabilization. 5 Grant application for Indoor Improvements of$750,000 and Outdoor Improvements of$500,000. Total amount of Grant$1,250,000 with 50%match. WATER AND SEWER PROJECTS Recommended Estimated Time Schedule Design or Construction Phase Cost FY 2011 -2013 Water Department Security System $ 250,000 Water Projects: 36"Transmission Line 8,800,000 Automatic Flushing Devices 100,000 Lawson's Pump Station 350,000 Water Bottling Plant 1,500,000 Water Line and Fire Hydrant Installation/Replacement 3,000,000 Water Rights Study 200,000 Water Treatment Plant Improvements - Phase II 1,000,000 Sewer Projects: 36"Longfellow Interceptor Rehabilitation 3,000,000 48" Interceptor Rehabilitation 3,400,000 54"Central Trunk Rehabilitation 4,800,000 60"Trunk Line Rehabilitation 4,800,000 72"and 36"Trunk Lines Rehabilitation 6,000,000 Degritter - Wastewater Treatment Plant 8,000,000 Dredge Ponds 1 and 2 at Wastewater Treatment Plant 400,000 East Lucas Relief Project 2,200,000 Florida Avenue&Fannett Road Interceptors 2,400,000 Frint Lift Station 1,200,000 Grit Pump Replacement - Wastewater Treatment Plant 1,150,000 Lift Station Repairs 900,000 Sanitary Sewer Rehabilitation - Small Mains(Pipe Bursting) 6,000,000 Wastewater Treatment Plant Aerobic Digesters 800,000 Wastewater Treatment Plant Bar Screens 1,800,000 Wastewater Treatment Plant Chlorine Disinfection System Improvements 2,500,000 Wastewater Treatment Plant Clarifiers Rehabilitation 3,800,000 Wastewater Treatment Plant Holding Pond 2,700,000 Wastewater Treatment Plant Master Plan 600,000 Wastewater Treatment Plant Piping Rehabilitation 1,200,000 Wastewater Treatment Plant Sludge Thickener Rehabilitation 650,000 Wetlands Design&Rehabilitation 10,250,000 WATER AND SEWER PROJECTS Recommended Time Schedule Desion or Construction Phase (continued) Estimated Cost FY 2011 -2013 Water/Sewer for Street Projects: Avenue A - Washington To US 69 S $ 780,000 Calder - Main to Phelan 3,500,000 College Street - IH-10 to Goliad 1,008,000 Concord Road - Phase IV - East Lucas to Hwy. 105 1,368,000 Delaware - Concord to Dowlen 3,276,000 Dowlen - College to Walden 1,872,000 Dowlen - US 69 N to Delaware 1,092,000 Downtown Improvements: Park&Neches-College to Laurel 540,000 Wall - Neches to ML King 95,000 Crockett - Neches to ML King 114,000 Fannett Road - 11th Street to Cardinal Drive 240,000 Fannin - Fourth to Eleventh 997,000 Gulf Street - Live Oak to Delaware 624,000 Laurel - IH-10 to Office Park 588,000 Madison - Irving to Grove 132,000 Magnolia - Bowie to East Lucas 2,928,000 Old Dowlen - Dowlen to Hwy. 105 636,000 Regina - Howell to Thomas 456,000 Seventh Street - IH-10 to Laurel 612,000 Washington - IH-10 to ML King 2,400,000 Washington - Langham to Major 2,076,000 WATER AND SEWER PROJECTS Recommended Estimated Time Schedule Planned Projects Cost FY 2011 -2015 Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation - Small Mains(Pipe Bursting) 4,000,000 Wastewater Treatment Plant Ground Improvements 1,000,000 Water Line and Fire Hydrant Installation/Replacement 2,000,000 Water Treatment Plant Improvements - Phase II Construction 11,000,000 Water/Sewer for Street Projects: Babe Zaharias Drive 50,000 Belvedere - Regina to Dead End 380,000 Dowlen Road - Delaware to Gladys 756,000 East Lucas - US 69N to Pine 2,304,000 Eleventh Street - Washington to US 69 N 528,000 Gladys Street - IH-10 to Dowlen 1,536,000 Howell - Regina to Sue 467,000 North Main Street - Calder to Railroad Tracks 204,000 North Street - ML King to Twenty-Third 1,152,000 Phelan Boulevard - IH-10 to Dowlen 708,000 Pine Street - IH-10 to Crockett 528,000 Sabine Pass - Emmett to ML King 1,020,000 3 September 21,2010 Consider ratifying the budgeted property tax increase reflected in the FY 2011 Budget i RICH WITH OPPORTUNITY 11EA11M0N* T • E ,• X • A • S Ci Council A enda em It tY g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer YIC- MEETING DATE: September 21, 2010 REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected in the FY 2011 Budget. RECOMMENDATION Administration recommends Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2011 Budget which will raise more total property taxes than last year's budget by$1,560,000 or 3.83%and of that amount$668,976 is tax revenue to be raised from new property added to the tax roll this year. BACKGROUND Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." BUDGETARY IMPACT The FY 2011 Budget includes $1,560,000 more in property tax revenues than was included in the FY 2010 Budget. ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2011 BUDGET. WHEREAS, the proposed FY 2011 budget will raise more total property taxes than last year's budget by $1,560,000 or 3.83%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $1,560,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - 4 September 21,2010 Consider accepting the tax roll and establishing the property tax rate for the tax year 2010 (FY 2011) 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 LO-- MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2010 (FY 2011). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.64 for the tax year 2010 (FY 2011). The tax rate would be apportioned $0.439385/$100 assessed valuation to the General Fund and $0.200615/$100 assessed valuation to the Debt Service Fund. Section 26.05(b) of the Property Tax Code, mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate, which is the tax rate that would produce the same amount of taxes if applied to the same properties taxed in both the preceding and current years. Administration recommends the motion to adopt the tax rate be made as follows, in order to recognize that no change is proposed to the tax rate while still including the statement mandated by law. The mandated language is shown in bold. "I move that the property tax rate be increased by the adoption of a tax rate of 0.640000, which is effectively a 2.68 percent increase in the tax rate. This tax rate reflects no change from the 2009 tax rate but is 2.68 percent above the 2010 effective tax rate." BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 601''day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code dictates language that is required to be included in the ordinance that"sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year." The statement that must be included in the City's ordinance setting the tax rate is as follows in bold: This tax rate will raise more taxes for maintenance and operations than last year's tax rate. Adopt 2010 Tax Rate September 21,2010 Page 2 In accordance with truth-in-taxation laws,two public hearings were held on August 31, 2010 and on September 7, 2010. In addition, all required notices were published in the newspaper, on the City's website, and on the municipal channel. BUDGETARYIMPACT Applying the proposed tax rate of$.6400 and a 97%collection rate,budgeted revenues of $29,017,000 and$13,249,000 respectively to the General and Debt Service Funds are anticipated ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2010 (FY 2011); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 28, 2010, to be $6,808,190,820; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.64 per each $100 of value for the tax year 2010 (FY 2011) should be established based upon said roll; and WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted. Section 2. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$6,808,190,820 is hereby approved and accepted by the City of Beaumont. Section 3. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2010 (FY 2011), for municipal purposes only, an ad valorem tax rate of$0.64 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.439385 Debt Service Fund $0.200615 Section 4. That if any section, subsection,sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall 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 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON City of Beaumont CERTIFICATION OF 2010 APPRAISAL ROLL FOR City of Beaumont I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 28, 2010 Date oland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal District 2010 APPRAISAL ROLL INFORMATION 2010 Gross Value $7,508,124,474 2010 Gross Taxable Value (Net Appraised) $7,025,985,450 Total Number of Accounts 64,515 #of Accounts with Homestead Exemption 24,427 #of Accounts with Over-65 Exemption 7,897 #of Accounts with Disabled Exemption 1,583 #of Accounts with Veterans Exemption 698 #of Agriculture-Use Accounts 237 #of Exempt Accounts 4,145 2010 Taxable Value $6,808,190,820 A RECEIVED DATE: /n, EXHIBIT "A" TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 7/28/2010 11.28.22 ADP3TAXC 2010 APPRAISAL ROLL 12310403 PAGE 1 ************************************************************************************************************************************ RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00% * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .640000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ************************************************************************************************************************************ ACCOUNTS SUB-TOTALS .GROSS VALUE IN DISTRICT 64,515 7,508,124,474 0 * MINUS EXEMPT ACCOUNTS 4,145 435,989,664 7,072,134,810 MINUS AGRICULTURE ACCOUNTS 237 MARKET VALUE 38,771,120 PRODUCTION VALUE 712,030 LOSS DUE TO AG EXEMPTIONS 38,059,090 7,034,075,720 SUBJECT TO LATE PENALTY 2 POLLUTION CONTROL 3 8,090,270 7,025,985,450 FREEPORT ACCOUNTS 0 0 7,025,985,450 LEASED VEHICLES 0 0 7,025,985,450 PRIMARILY CHARITABLE ORG 0 0 7,025,985,450 NET APPRAISED VALUE 60,367 7,025,985,450 LOSS DUE TO LIMIT 2,848 32,936,520 6,993,048,930 ABATED ACCOUNTS 1 134,450 6,992,914,480 HISTORICAL ACCOUNTS 7 3,346,930 6,989,567,550 PARTIAL EXEMPTION 2 2,750,960 6,986,816,590 EXEMPTIONS STATE MANDATED HOMESTEAD 24,427 0 6,986,816,590 STATE 'MANDATED 065 7,897 0- 6,986,816,590 STATE MANDATED DISABLED 1,583 0 6,986,816,590 LOCAL OPTION 065 7,897 136,768,950 6,850,047,640 LOCAL OPTION DISABLED 1,583 26,645,920 6,823,401,720 LOCAL OPTION HOMESTEAD 24,427 0 163,414,870 6,823,401,720 VETERAN EXEMPTIONS EXEMPTION CODE 1 @ 0 0 0 EXEMPTION CODE 2 @ 5000 147 725,250 EXEMPTION CODE 3 @ 7500 67 483,960 EXEMPTION CODE 4 @ 10000 67 643,810 EXEMPTION CODE 5 @ 12000 63 737,770 EXEMPTION CODE 6 @ 12000 244 2,804,270 EXEMPTION CODE 7 @ 12000 0 0 EXEMPTION CODE 8 @ 5000 8 40,000 EXEMPTION CODE 9 @ 100 X 102 9,775,840 TOTAL VETERAN 698 15,210,900 NET TAXABLE 6,808,190,820 GROSS TAX AMOUNT .00640000 ---- ---------- ------ --- - ------- --------------- --- ------------ - -- --------- ----- -> $ 43,572,420.46 ** 065 FROZEN TAX ACCOUNTS 0 065 BEFORE FROZEN TAX .00 MINUS 065 FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** .00 DISABL FROZEN ACCOUNTS 0 DISABLE BEFORE FROZEN TAX .00 MINUS DISABL FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** .00 NET TAX AMOUNT ------- ------------------------------------------------------------ -------- ---- ----------> $ 43,572,420.46 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ** INCLUDES 3 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 18,304 ** INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 0 TAX. CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 7/28/2010 11.28.22 ADP3TAXC 2010 APPRAISAL ROLL PAGE 2 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00% * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .640000 * STATE MANDATED 0 * STATE .MANDATED 0 * STATE MANDATED 0 ************************************************************************************************************************************ CODE COUNT APPRAISED TAXABLE LEVY X OF TOTAL GROSS VAL 7,508,124,474 Al 33,640 3,331,940,986 3,134,751,676 20,062,410.21 .4604 A2 133 2,356,790 1,957,680 12,529.16 .0003 A5 2,981 212,987,354 201,836,714 1,291,755.67 .0296 B1 336 263,016,420 260,265,460 1,665,699.02 .0382 B2 392 13,792,380 13,272,990 84,947.11 .0019 B4 39 2,802,470 2,774,020 17,753.72 .0004 C1 10,111 75,089,050 75,066,150 480,423.59 .0110 C2 937 30,568,400 30,568,400 195,637.61 .0045 D1 155 404,360 404,360 2,587.91 .0001 D2 75 263,450 263,450 1,686.07 .0000 D3 19 1,312,540 1,312,540 8,400.26 .0002 D4 399 34,218,210 34,218,210 218,996.50 .0050 D5 2 141,180 141,180 903.55 .0000 D9 3 271,490 271,490 1,737.54 .0000 E1 45 14,631,070 12,914,040 82,649.87 .0019 , E2 1 100,570 100,570 643.65 .0000 F1 2,970 1,287,069,550 1,283,410,510 8,213,827.23 .1885 F2 33 17,762,850 17,762,850 113,682.22 .0026 F5 32 2,565,260 2,565,260 16,417.68 .0004 F9 35 150,626,280 150,626,280 964,008.20 .0221 G1 189 192,610,570 192,610,570 1,232,707.68 .0283 G2 49 3,090 3,090 19.74 .0000 J2 23 6.990,350 6,990,350 44,738.25 .0010 J3 94 115,138,650 115,138,650 736,887.31 .0169 J4 19 37,116,440 37,116,440 237,545.22 .0055 J5 58 22,243,050 22,243,050 142,355.53 .0033 J6 161 15,465,240 15,465,240 98,977.52 .0023 J7 4 11,061,210 11,061,210 70,791.74 .0016 J8 136 16,795,830 16,795,830 107,493.24 .0025 L1 6,174 763,906,270 763,906,270 4,888,999.21 .1122 L2 1 28,500 28,500 182.40 .0000 L6 87 31,322,310 31,322,310 200,462.77 .0046 L8 26 281,949,640 281,949,640 1,804,477.68 .0414 L9 78 69,037,010 69,037,010 441,836.86 .0101 M1 383 3,132,080 2,774,280 17,755.37 .0004 O1 549 17,264,550 17,264,550 110,493.17 .0025 - - ---- - -------------- -------------- -------------- 60,369 7,025,985,450 6,808,190,820 43,572,420.46 A 36,754 3,547,285,130 3,338,546,070 21,366,695.04 .4904 B 767 279,611,270 276,312,470 1,768,399.85 .0406 C 11,048 105,657,450 105,634,550 676,061.20 .0155 D 653 36,611,230 36,611,230 234,311. 83 .0054 E 46 14,731,640 13,014,610 83,293.52 .0019 F 3,070 1,458,023,940 1,454,364,900 9,307,935.33 .2136 G 238 192,613,660 192,613,660 1,232,727.42 .0283. J 495 224,810,770 224,810,770 1,438,788.81 .0330 L 6,366 1,146,243,730 1,146,243,730 7,335,958.92 .1684 M 383 3,132,080 2,774,280 17,755.37 .0004 0 549 17,264,550 17,264,550 110,493.17 .0025 ------- -------------- -------------- ------ -------- 60,369 7,025,985,450 6,808,190,820 43,572,420.46 5 September 21,2010 Consider authorizing the City Manager to execute a contract for the construction of a maintenance building at the Wastewater Treatment Plant RICH WITH OPPORTUNITY T • E IIEAUMON*X • A • S Ci Council A enda Item tY g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani Tohme, P.E., Director of Water Utilities MEETING DATE: September 21, 2010 REQUESTED ACTION: Council consider authorizing the City Manager to execute a contract for the construction of a maintenance building at the Wastewater Treatment Plant. RECOMMENDATION The Administration recommends approval of a contract with Bruce's General Construction,Inc., of Beaumont in the amount of$173,000.00. BACKGROUND During the last five years the Wastewater Treatment Plant has strived to be a self maintained operation. Today,the grounds maintenance,aerator rehabilitation, and grass cutting are being performed by staff members. The proposed building will house all of the equipment to protect it from weather conditions and provide a covered space for the employees to perform their maintenance duties. The proposed maintenance building is a new 40'X 80'pre-engineered metal building including a reinforced concrete foundation, electrical components, fencing and site improvements. Bruce's General Construction,Inc.,is certified with the City of Beaumont as a Minority Business Enterprise(MBE). BUDGETARYIMPACT The project was designed by Schaumburg and Polk,Inc.with an Engineer's estimate for the project of$224,645. Funds for the project are available in the Department of Water Utilities 2010 Operating Budget. 3 1W TANDI ATMK CLTY Olm&ADl6QN1' wwrr ZDOIOQi'D AQD4TZNANm xunxm A7H OrWW4G DA73S THURIDAY SPrXMMXR 9,2610 o..rae.+w Qw4"c*w&tdf.pw*q Mr .rrgW 1I70agrir0lri UmNu3swadvad rdoommumi rdosw1O304 3WIOSr1rc6110 Dww00.Tom"vw 1r•www71�77703 thiwW,itiw77s7 Iaw1wIR310r77s7 11 lw.rw0.i'ar771N L�YwIK7wr776IFMs D. Qb' Una Dpi. 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L 1 rtiwrayfwryr 4 $5.00040 $UNA0 H $3000. 37.00040 35,00000 DANA 3!.00000 it 51 04A Tm To Ll Ta �$a3ar.�wwayw+war aw�r,� wrrr. w6y.r,6r aw.��r.A3.w. Tls ar e.�..r.>,.rri iw.r...wrw�,.a r 6r.w.t.f lw..rar.ur r....au tiiwwr.a ae a6�nwaa �� ___._.:....._ .._...... �1.4li� w1h0t0«.l47Y CITY OF BEAUMONT SCHEDULE OF MBE PARTICIPATION Bruce's General Construction, Inc. Wastewater Treatment Plant - Maintenance NAME Building Fc7onstructionr MBE ADDRESS TYPE OF WORK AGREED PRICE OR Bruce's General 1175 Reynolds Rd Site work, co"ret , Inc. Beaumont TX 77707 & fencing $173,000.00 The undersigned wilt enter into a formal agreement with MBE Contractors forwork listed In this schedule conditioned upon execution of a contract with the City of BesumonL NOTE: 1. This schedule should be submitted with your bid. SIGNATURE TITLE Sean R. Tilley — Vice—President 41 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 contract with Bruce's General Construction, Inc., in the amount of$173,000.00 for the Wastewater Treatment Plant Proposed Maintenance Building Project to include construction of a new 40' x 80' pre-engineered metal building, including a reinforced concrete foundation, electrical components, fencing and site improvements. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of September, 2010. - Mayor Becky Ames -