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HomeMy WebLinkAboutPACKET SEP 06 2011 Dili #i!i 1!!#9lTi'iT T * B` Z * AB REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 6,2011 1:30 P.M. CONSENT AGENDA * Approval of minutes—August 30,2011 * Confirmation of committee appointments Ymelda Vaughn would be appointed to the Convention and Tourism Advisory Board. The term would commence September 6,2011 and expire September 5,2013. (Councilmernber Gethrel Williams-Wright) MacArthur English would be appointed to the Parks and Recreation Advisory Committee. The term would commence September 6,2011 and expire September 5,2013. (Councilmember Gethrel Williams-Wright) Thomas P. Sigee would be appointed to the Small Business Revolving Loan Fund Board. The term would commence September 6,2011 and expire September 5,2013. (Councilmember Gethrel Williams-Wright) Deanna Andrews would be appointed to the Library Commission. The term would commence September 6,2011 and expire September 5,2013. (Councilmember Gethrel Williams-Wright) B. Eliot New would be appointed to the Historic Landmark Commission. The term would commence September 6,2011 and expire September 5,2013. (Councilmember Alan B. Coleman) Gwen Ambres would be appointed to the Parks and Recreation Advisory Committee. The term would commence September 6,2011 and expire September 5,2013. (Councilmember Gethrel Williams-Wright) Dan Robbins would be appointed to the Parks and Recreation Advisory Committee. The term would commence September 6,2011 and expire September 5,2013. (Councilmember W. L. Pate,Jr.) Norris Batiste would be appointed to the Community Development Advisory Committee. The term would commence September 6,2011 and expire September 5,2013. (Mayor Becky Ames) Dana L. Timaeus would be reappointed to the Board of Adjustment(Zoning). The current term would commence September 6, 2011 and expire May 12, 2013. (Mayor Becky Ames) Dora Nisby would be reappointed to the Community Development Advisory Committee. The current term would commence September 6,2011 and expire July 5, 2013. (Councilmember Gethrel Williams-Wright) Georgine Guillory would be reappointed to the Community Development Advisory Committee. The current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro Tem Jamie D. Smith) William Sam would be reappointed to the Community Development Advisory Committee. The current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro Tem Jamie D. Smith) Darlene Chodzinski-Heritage Society would be reappointed to the Historic Landmark Commission. The current term would commence September 6, 2011 and expire September 3, 2013. (Mayor Becky Ames) Paula Blazek would be reappointed to the Historic Landmark Commission. The current term would commence September 6, 2011 and expire July 23, 2013. (Councilmember W. L. Pate, Jr.) Norris Turner would be reappointed to the Historic Landmark Commission. The current term would commence September 6, 2011 and expire June 18, 2013. (Mayor Pro Tem Jamie D. Smith) Dora Nisby would be reappointed to the Library Commission. The current term would commence September 6, 2011 and expire December 12, 2012. (Councilmember Alan B. Coleman) Carl Briggs would be reappointed to the Parks and Recreation Advisory Committee. The current term would commence September 6, 2011 and expire July 10, 2013. (Mayor Pro Tem Jamie D. Smith) Barbara White would be reappointed to the Parks and Recreation Advisory Committee. The current term would commence September 6, 2011 and expire August 6, 2013. (Mayor Pro Tem Jamie D. Smith) Lauren Williams-Mason would be reappointed to the Planning and Zoning Commission. The current term would commence September 6, 2011 and expire December 17, 2013. (Councilmember Alan B. Coleman) Walter Kyles would be reappointed to the Planning and Zoning Commission. The current term would commence September 6, 2011 and expire June 3,2012. (Mayor Pro Tem.Jamie D. Smith) Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The current term would commence September 6, 2011 and expire June 11, 2013. (Mayor Pro Tem Jamie D. Smith) A. Authorize the City Manager to apply for and accept funding through the FY 2011 Assistance to Firefighters Grant Program B. Authorize amending the Lease Agreement with the University of Texas Medical Branch at Galveston to extend the lease for five years and to increase the monthly rental rate C. Authorize the acceptance of a 79 square foot Transit Easement to install a new bus stop located at 1580 College Street D. Authorize the execution of a License to Encroach Agreement with Stoneleigh Homsar Apartments, Ltd. for a structure encroaching onto a city utility easement RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission 8 9innini g Expiation of Term of Term Ymelda Vaughn Convention and Tourism Advisory Board 09/06/11 09/05/13 MacArthur English Parks and Recreation Advisory Committee 09/06/11 09/05/13 Thomas P. Sigee Small Business Revolving Loan Fund Board 09/06/11 09/05/13 Deanna Andrews Library Commission 09/06/11 09/05/13 B. Eliot New Historic Landmark Commission 09/06/11 09/05/13 Gwen Ambres Parks and Recreation Advisory Committee 09/06/11 09/05/13 Dan Robbins Parks and Recreation Advisory Committee 09/06/11 09/05/13 Norris Batiste Community Development Advisory 09/06/11 09/05/13 Committee THAT the following reappointments be made: Reappointment Commission ftWnning Expiration of Term of Tenn Dana L. Timaeus Board of Adjustment(Zoning) 09/06/11 05/12/13 Dora Nisby Community Development Advisory 09/06/11 07/05/13 Committee Georgine Guillory Community Development Advisory 09/06/14 06/11/13 Committee Wiliam Sam Community Development Advisory 09/06/11 06/11/13 Committee Darlene Chodzinski Historic Landmark Commission 09/06/11 09/03/13 (Heritage Society) Paula Blazek Historic Landmark Commission 09/06/11 07/23/13 Norris Turner Historic Landmark Commission 09/06/11 06/18/13 Dora Nisby Library Commission 09/06/11 12/12/12 Carl Briggs Parks and Recreation Advisory Committee 09106/11 07/10/13 Barbara White Parks and Recreation Advisory Committee 09/06/11 08/06/13 Lauren Planning and Zoning Commission 09/06/11 12/17/13 Williams-Mason Walter Kyles Planning and Zoning Commission 09/06/11 06/03/12 Georgine Guillory Small Business Revolving Loan Fund 09/06/11 06/11113 Board PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - A RICH WITH OPPORTUNITY BEAUMOK* T • E • x . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Anne Huff, Fire Chief MEETING DATE: September 6, 2011 REQUESTED ACTION: Consider authorizing the City Manager to apply for and accept funding through the FY 2011 Assistance to Firefighters Grant Program. RECOMMENDATION Administration recommends Council authorize the City Manager to submit an application and to accept a grant from the Department of Homeland Security, Federal Emergency Management Agency, Assistance to Firefighters Grant program. BACKGROUND The Grant Program is accepting applications from August 15, 2011 through September 9, 2011. Fire Administration and Technology Services have identified equipment needs that are eligible in this grant program,which includes purchase of a Compressed Air Foam System, fire station gear lockers, mobile data computers,mobile radios, and fire safety equipment. BUDGETARYIMPACT The Assistance to Firefighters Grant Program has a twenty percent matching requirement on the part of the City. The total cost of the grant is $442,800 with a twenty percent match of$88,560. The required matching funds have been included in the proposed FY 2012 Capital Reserve Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding for the City of Beaumont through the Homeland Security, Federal Emergency Management Agency, Assistance to Firefighters Grant Program in the amount of$442,800 for use by the Fire Department for the purchase of a compressed air foam system, fire station gear lockers, mobile data computers, mobile radios, and fire safety equipment. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - B RICH WITH OPPORTUNITY BEND, * , T 9 B • a 9 A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager J PREPARED BY: Laura Clark, Chief Financial Officer v MEE'T'ING DATE: September 6, 2011 REQUESTED ACTION: Council consider an Amendment to the Lease Agreement with University of Texas Medical Branch at Galveston (UTMB). RECOMMENDATION The Admiiustration recommends the execution of an Amendment to the Lease Agreement with UTMB and the City of Beaumont to extend the lease for five(5)years and to incmw the monthly rental rate. BACKGROUND City Council approved the existing Lease Aunt with UTMB on October 7, 1992. The Lease provided for a collaborative amt between U'I'S and the City of Bommont Public Health Department to provide health services to women and childrm in Bit and kfferson County. The Agreement designated the rMensibility for maternity and family planning services to the UTMB group,with the City comp' -these services by providing well-child and Women's, 1n&nts,Children A(WIC)services. The required the City to provide UTMB with clinic space adequate to allow both programs at the same locadon. Provisions in the Agreement allow for the space provided by the City to be leased to UTMB through a separate Agreement. The Lease allows UTMB to utilize approximately 8,200 square feet of space at the Beaumont Public Health Department building located at 950 Washington Boulevard. Five(5)Amendments have been executed exuding the term of the original lease and increasing the rental payments. The proposed Amendment No. 6 provides for a five(5)year extension to the Lease beginning October 7, 2011 and expiring October 6, 2016. Also provided is a 2a/a increase in the rental raze for the first two(2)years, and a 3%increase for years three(3)through five(5). UTMB bears the expense of utilities and janitorial services. Either party may tie the Lease with six(6)months advance written notice. All other provisions of the Lease remain the same. U TMB Lease Extension September 6, 2011 Page 2 The proposed Amendment No. 6 is attached for review. BUDGETARY H"ACT Revenues will be deposited in the General Fund. Monthly rental payments will be as follows: 1 10/7/2011 — 0/6/2012 FY— 10 $3,183.62 per month 2%increase $3 8,203.44/yr. 10/7/2012— 10/6/2013 $3,247.29 per month 2%increase $38,967.48/yr. FY2013 10/7/2013 1— 0/6/2014 FY— 10 $3,344.71 per month 3%increase $40,136.52/yr. 10/7/2014— 10/6/2015 $3,445.05 per month 3%increase $41,340.60/yr. FY 2015 10/7/2015 1— 016/2016 FY— 10 $3,548.40 per month 3%increase $42,580.80/yr. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 6 to the 1992 Lease Agreement with the University of Texas Medical Branch at Galveston (UTMB) to extend the lease for five (5) years beginning October 7, 2011, and expiring October 6, 2016, and increasing the rental rate as follows: 1017/2011 — 10/6/2012 $3,183.62 per month 2% increase $38,203.44/yr. FY 2012 1017/2012 — 10/6/2013 $3,247.29 per month 2% increase $38,967.48/yr. FY2013 1017/2013 — 10/6/2014 $3,344.71 per month 3% increase $40,136.52/yr. FY 2014 1017/2014 — 10/6/2015 $3,445.05 per month 3% increase $41,340.60/yr. FY 2015 1017/2015 —.10/6/2016 $3,548.40 per month 3% increase $42,580.80/yr. FY 2016 The amendment is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - SIXTH AMENDMENT AND RENEWAL OF SPACE LEASE AGREEMENT This Sixth Amendment and Renewal of Space Lease Agreement("Amendment") is entered into by and between the CITY OF BEAUMONT ("Lessor") and the BOARD OF REGENTS OF THE UNIVERSITY OF TEXAS SYSTEM, for the use and benefit of The University of Texas Medical Branch at Galveston("Lessee"),effective as of October 7,2011. RECITALS A. Lessor and Lessee entered into that Space Lease Agreement(the"Lease")dated as of October 7, 1992, wherein Lessor leased to Lessee and Lessee leased from Lessor approximately 8,200 net usable square feet located at 950 Washington Boulevard in Beaumont, Texas, as more spec ifl- cally described in the Lease. B. Lessor and Lessee subsequently amended the original Lease by a First Amendment dated September 24, 1997, which extended the term of the Lease to begin on October 7, 1997 and end on October 6, 2002. Lessor and Lessee subsequently amended the original Lease by Second Amendment dated March 6, 2002, which extended the term of the Lease to begin on October 7, 2002 and end on October 6, 2007. Lessor and Lessee subsequently amended the original Lease by Third Amendment dated October 7, 2007, which extended the term of the Lease to begin on October 7, 2007 and end on October 6, 2008. Lessor and Lessee subsequently amended the original Lease by Fourth Amendment dated October 7, 2008, which extended the term of the Lease to begin on October 7, 2008 and end on October 6, 2009. Lessor and Lessee subsequently amended the original Lease by Fifth Amendment dated October 7,2009,which extended the term of the Lease to begin on October 7,2009 and end on October 6,2011. C. Lessor and Lessee wish to amend this Lease to renew and extend the term of the Lease and wish to enter into this Amendment to evidence the renewal of the term and increase the rent. AGREEMENT In consideration of the terms and conditions set forth herein,and for other good and valuable con- sideration,the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee hereby agree to amend the Lease as follows: Fourth Amendment to Lease Agreement Page 1 City of Beaumont,Texas/UTMB/480-201 1-00 S:kb/jag4komnontCityoflBeamnont5th EXHIBIT "A" 1. Renewal of Lease Term. The term of the Lease is extended for an additional period commenc- ing October 7, 2011 and ending on October 6, 2016, unless sooner terminated as provided in the Lease. Lessor and Lessee agree that execution of this Amendment by both parties is effective to extend the term, and any other conditions for extension contained in the Lease are hereby waived for the purposes of this renewal term. 2. Monthly Rental. Lessee will pay Lessor a rental of not more than THREE THOUSAND ONE HUNDRED EIGHTY-THREE AND 62/DOLLARS ($3,183.62), per month during the term commencing October 7,2011 and ending October 6,2012. Lessee will pay Lessor a rental of not more than THREE THOUSAND TWO HUNDRED FORTY-SEVEN AND 29/DOLLARS ($3,247.29), per month during the term commencing October 7, 2012 and ending October 6, 2013. Lessee will pay Lessor a rental of not more than THREE THOUSAND THREE HUNDRED FORTY-FOUR AND 71/100 DOLLARS ($3,344.71), per month during the term commencing October 7,2013 and ending October 6,2014. Lessee will pay Lessor a rental of not more than THREE THOUSAND FOUR HUNDRED FORTY-FIVE AND 05/100 DOLLARS ($3,445.05), per month during the term commencing October 7, 2014 and ending October 6, 2015. Lessee will pay Lessor a rental of not more than THREE THOUSAND FIVE HUNDRED FORTY-EIGHT AND 40/100 DOLLARS ($3,548.40), per month during the term commencing October 7,2015 and ending October 6,2016. 3. Change in Location. If Lessor moves its health department offices from the leased premises located at 950 Washington Boulevard in Beaumont, Texas,to another location, Lessee shall have the option to terminate this Lease upon 30 days written notice or enter into a new lease agreement with Lessor for space in the new location. 4. Defined Terms and Ratification. Except as amended or modified by this Amendment, the Lease shall continue in full force and effect as therein provided and the Lease is hereby ratified in all respects by Lessor and Lessee. Except as otherwise defined in this Amendment, each of the terms used herein shall have the same meaning assigned to such terms in the Lease. Fourth Amendment to Lease Agreement .Page 2 City of Beaudnom,Texas/UTMB/480-2011-00 S:kb/,�ag/aesumontcityoDBeaumwnrsth IN WITNESS WHEREOF, Lessor and Lessee have caused this Amendment to be ex- ecuted by their authorized representatives, to be effective as of the.year and date first above written. LESSOR: LESSEE: The City of Beaumont, Texas Board of Regents of the University of Texas System for the use and Benefit of The University By: of Texas Medical Branch at Galveston Title: By: Date: William R. Elger, C.P.A. Executive Vice President and Chief Business&Finance Officer Date: Content Reviewed Approved: By: Gary D.V. Hankins, M.D. Jennie Sealy Distinguished Professor and Chair Obstetrics&Gynecology Page 3 Fourth Amendment to Lease Agreement City of Beaumont,Texas/UTMB/480-201 1-00 S:kb/jagA3oaumontCitpgBemnnmtSth THE STATE OF TEXAS § COUNTY OF GALVEsTON § This instrument was acknowledged and sworn to before me on the day of 2011,by William R. Eiger, C.P.A.,Executive Vice President and Chief Business& Finance Officer,for on behalf of the Board of Regents of The University of Texas System. Notary Public, State of Texas Printed Name: Commission Expires: THE STATE OF TEXAS § COUNTY OF GALVESTON § This instrument was acknowledged and sworn to before me on the day of 20119 by , of the City of Beaumont, Texas, for and on behalf of the City of Beaumont, Texas Notary Public, State of Texas Printed Name: Commission Expires: Fourdi Amendment to Lease Agreement Page 4 City of Beaumont,Texas/UTMB/480-2011-00 S:kb/jag/BewmwtCityoVB=montSth RICH WITH OPPORTUNITY BEAti t _ T • E • g . s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Patrick Donart,Public Works Director MEETING DATE: September 6,2011 REQUESTED ACTION: Council consider authorizing the acceptance of a 79 square foot Transit Easement. RECOMMENDATION The Administration recommends acceptance of a Transit Easement to install a new bus stop located at 1580 College Street. BACKGROUND The City of Beaumont is currently replacing transit bus stops throughout the city. Tu T Nguyen has agreed to convey a 79 square foot Transit Easement to the City of Beaumont. BUDGETARY UdPACT None. RESOLUTION NO. WHEREAS, Tu T. Nguyen has agreed to convey a seventy-nine (79) square foot transit easement as described in Exhibit"A"and shown on Exhibit"B,"attached hereto, to the City of Beaumont for the purpose of installing a new transit bus stop at 1580 College Street; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and THAT the easement conveyed by Tu T. Nguyen, as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - EXHIBIT County: Jefferson Address/Highway: 1580 College Street & Avenue C PROPERTY DESCRIPTION Being a 0.0018 acre (79 square feet) tract of land out of and part of certain tract of land having been conveyed to Tu T. Nguyen from Tuan A. Nguyen by General Warranty Deed dated July 17, 2007 and being recorded under Film Code No. 2007029920 of the Real Property Records of Jefferson County, Texas, said 0.0018 acre of land being out of and part of that certain tract called .5165 acre (22,500 square foot) tract described as Lots Number Ninety-One, Ninety-Two and Ninety-Three (91, 92, & 93) in Block Number Eight (8) of Blanchette Addition to the City of Beaumont, Jefferson County, Texas, according to map or plat of record in the office of the County Clerk in Volume 1, Page 25 of the Map Records of said county and State. EXHIBIT "A" a E 150' TOTAL AREA: rr ,, APPROX 22,306.86 SO. FT. Y U f�C O h TOTAL PROP. AREA: 0 0 0 APPROX. 79.0 SO. FT. 3' 10' P., W o c R-30 10 M e _ >` m _H m COLLEGE ST. x ul *FOR INFORMATIONAL PURPOSES ONLY ax wi�x ion rn.,rt� BEAU[�ON�' T • ! X ' A• B BUS STOP y SHEET 1 OF 1 ..w e:u.srww.weww x.r 37-O' na D VERIFY U FIELD VERIFY 0 i� r 3, .. ;a r Eft1m FEE HYDRANT i BUS STOP a* NOT B ' ; WM 5'-0" OF WDRW. 1 COLLEGE TRANSIT STOP PLAN 1. SCALE 1 = 1 —0 TM �.` A/�+ �c 16130 s G-64 rFori �/u 090M mr Stop COVERS LAMM AROMMML OWW. W- FOR A1.OR CITY OF BEAUMONT , r� 1°' FFAX((CY�/D�-0 9B 06.06.11 COLLEGE a M. c a As D RICH WITH OPPOBTiVNITT BEAUMON* T • E • g • • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager P� PREPARED BY: Patrick Donart, Public Works Director MEETING DATE: September 6, 2011 REQUESTED ACTION: Council considers a resolution authorizing the execution of a License to Encroach Agreement with Stoneleigh Homsar Apartments, Ltd. RECOMMENDATION Administration recommends authorization to execute License to Encroach Agreement with Stoneleigh Homsar Apartments, Ltd for a structure encroaching onto a city utility easement. BACKGROUND Fittz& Shipman, Inc., agent for the owner of the property, Stoneleigh Homsar Apartments, Ltd, has submitted an application for a License to Encroach onto the City's 10' (ten foot)utility easement in Lot IA, Block 1 of the Replat of Stoneleigh(4550 N. Major Drive). The license will cover structures encroaching 6" (six inches). The License Agreement protects the City from liability and provides a thirty(30)day cancellation clause. There is a one time fee of$500 for Stoneleigh Homsar Apartments, Ltd for the License to Encroach. BUDGETARY IMPACT None. i Y RIQH WITH OPPORTUNITT BEADI'MO-I* Application for License to Encroach City of Beaumont, Texas T E - X - A • S 1. NAME OF APPLICANT: -Maft iew Stanc, 1(#5w rbviC Drive ADDRESS: 7 5no 1 PHONE:�c '�e'!!o5- J&j& e14. X5" 2. AUTHORITY OF APPLICANT: O%wr of B%Rc l 3. NAME OF OWNER: 5tDM1C11q1n F&Mgr A�tr'IrwAs', pfd. ADDRESS: so N. 1 e r Dn'& PHONE:(4oq) 1 0—1333 LEGAL DESCRIPTION OF OWNER'S PROPERTY(Lots,Blocks,Subdivision) TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY: Lot I A , 1310tk 1 6F 11he Remo& of 5f"IC1511 La# I ) 51oc 4 I C CWK. File, 'W Q010014dr0l . D.P.R.J.a) 4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED: 10' u h I N a"&YvrL+ 5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present): _ A Ii�heg 6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER: Bi utdtn� F.r�roachmcwt b� y C six I rw 7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-OF-WAY(Dimensioned and to Engineering Scale).PLEASE INCLUDE ALL PERTINENT INFORMATION ON THE MAP: i. Distances from edge of pavement or back of curb ii. Street names and nearest cross streets iii. Side of the street[east,west,north,south] 8. COST TO BE PAID FOR LICENSE TO,ENCROACH AT TIME APPLICATION IS SUBMITTED— $500 SAID COST BEING NON-REFUNDABLE. TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT. SIGNATURE RESOLUTION NO. WHEREAS, Stoneleigh Homsar Apartments, Ltd. has requested that the City of Beaumont grant a License to Encroach into one (1) utility easement at 4550 N. Major Drive, which is described as being Lot 1A, Block 1 of the Replat of Stoneleigh, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 6"into the 10' easement, as described in Exhibit "A" and shown in Exhibit "B," attached hereto and made a part hereof for all purposes; WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City easement and utilities therein; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; 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 execute a License to Encroach to Stoneleigh Homsar Apartments, Ltd.to encroach into one(1) utility easement at 4550 N. Major Drive, which is described as being out of Lot 1A, Block 1 of the Replat of Stoneleigh, to the City of Beaumont. The encroachment being an existing residential dwelling overlapping 6" into the 10' easement, as described in Exhibit "A" and shown in Exhibit°B," attached hereto and made a part hereof for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for the License to Encroach. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - w FIB &Shipman INC. Consulting Engineers and Land Surveyors EXHIBIT"A",PAGE 1 OF 9 FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,RP.L.S.(1948-1987) Terry C.Shipman,Chairman of Board OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R.King,P.E. Michelle Falgout,P.E. FOR A Walterl.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS j SEPTEMBER 1,2011 TRACT A That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: _ Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06 029'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05" East 306.97 feet(called i South 06 029'05" East 306.95 feet); THENCE South 86009'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; THENCE North 37 049'48" East along the said southeasterly line of a 10'wide utility easement a distance of 61.92 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; I THENCE North 52 01012"West along the southwesterly line of the said 0.82 square foot tract a I distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north comer of the said 0.82 square foot tract; THENCE South 52 01012" East along the northeasterly line of the said 0.82 square foot tract a J distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; i FITTZ&SHIPMAN,INC. Pagel of 2 Project No.07156ENCR(TR.A) Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706 • (409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160•Tx Board of Prof Land Surveyors Firm No.100186 EXHIBIT "A" I EXHIBIT"A",PAGE 2 OF 9 I THENCE South 37°49'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. j Walter J. Ksiazek �°F Registered Profession Land S eyor No. 5321 *�.�tGt - WALTER J. Kg� t Zf:p % ;; SSIaA I i i I I I i FI"Z&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.A) Plat&Description FIM&Shipman INC. EXHIBIT"A",PAGE 3 OF 9 Consulting Engineers and Land Surveyors FIELD NOTE DESCRIPTION Ronald D.G.Sh P.E., ,Chair (an of Board Terry G.Shipman,Chairman of Board OF A Billy).Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R.King P.E. Michelle Falgout,P.E. FORA Walter).Ksiazek,R.P.LS. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 j TRACT B That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06°29'05" East 306.95 feet. COAMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06°29'05" East 306.97 feet (called South 06 029'05" East 306.95 feet); THENCE South 86°09'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; i THENCE North 37 049'48" East along the said southeasterly line of a 10'wide utility easement a distance of 71.38 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING; THENCE North 52"10'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; i THENCE North 37°49'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north comer of the said 0.82 square foot tract; THENCE South 52 01012" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east comer of the said 0.82 square foot tract; FIT77 do SHMAMN,INC. Page 1 of 2 Project No.07156ENCR(TR.B) Plat&Description 1405 Cornerstone Court- Beaumont;,Texas 77706- (409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160•Tx Board of Prof Land Surveyors Firm No.100186 EXHIBIT"A",PAGE 4 OF 9 I THENCE South 37049'48"West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. I Gt/ I I Walter J. Ksiazek Registered Professional Land Surveyor No. 5321 -b • C,15 4 1 * p c { WALTE 7J. ...;4 Nee© F i I i I i FIT77&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.B) Plat&Description i Fi'z'z&S Ip11 an INC. EXHIBIT"A99,PAGE 5 OF 4 Consulting Engineers and Land Surveyors i FIELD NOTE DESCRIPTION Ronald D.Fittz,Shipman,, P.L.S. an of Board Terry G.Shipman,Chairman of Board OF A Billy J.Smith,Jr.,President 0.82 SQUARE FOOT TRACT Donald R King,P.E. Q Michelle Falgout,P.E. FOR A Walter J.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE j W. B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 19 2011 TRACT C That certain 0.82 square foot tract out of the W. B. Dyches Survey,Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County,Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06 029'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North j Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest comer of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06°29'05" East 306.97 feet(called South 06 029'05" East 306.95 feet); THENCE South 86°09'08" East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; i THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 101.30 feet to a point for the south corner of the said 0.82 square foot tract and the POINT OF BEGINNING, THENCE North 52°1012"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west comer of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a distance of 2.35 feet to a point for the north comer of the said 0.82 square foot tract; THENCE South 52°10'12" East along the northeasterly line of the said 0.82 square foot tract a j distance of 0.35 feet to a point for the east corner of the said 0.82 square foot tract; FITTZ&SHIPMAN,INC. Page 1 of 2 Project No.07156ENCR(TR.C) Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706- (409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No.1160•Tx Board of Prof Land Surveyors Firm No.100186 I l EXIMIT"A",PAGE 6 OF 9 THENCE South 37 04948"West along the southeasterly line of the said 0.82 square foot tract a 1 distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. 1 i This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. O i Walter J. Ksiazek % 'rt"c,*&vr�r� Registered Professional Land Surveyo No. 5321 ri o°�f ISTC WALTEF1 J. KSIAZFr G5s1 r r I i I i I FIM&SHIPMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.C) Plat&Description i Fiftz&Shiprnan INC. EXHIBIT"A",PAGE 7 OF 9 Consulting Er{ginneers and Land Surveyors j FIELD NOTE DESCRIPTION Ronald D.Fittz,P.E.,R P.L.s.(1948-1987) Terry G.Shipman,Chairman of Board OF A Billy).Smith,Jr.,President j 0.82 SQUARE FOOT TRACT Donald R.long,P.E. FORA Michelle Falgout,P.E. Walterl.Ksiazek,R.P.L.S. WATER LINE EASEMENT ENCROACHMENT OUT OF THE W.B.DYCHES SURVEY,ABSTRACT 17 JEFFERSON COUNTY,TEXAS SEPTEMBER 1,2011 TRACT D That certain 0.82 square foot tract out of the W. B. Dyches Survey, Abstract 17, Jefferson County, Texas, and being out of Lot 1 of Stoneleigh, a plat recorded in Clerks File No. 2009041886 of the Official Public Records of Real Property of Jefferson County, Texas, said 0.82 square foot tract being more particularly described by metes and bounds as follows: . . I Note: The Basis of Bearings is the east right-of-way line of North Major Drive and a west line of said Lot 1 having been called South 06929'05" East 306.95 feet. COMMENCING at a TxDot monument found at the intersection of the east right-of-way of North Major Drive and the southeasterly right-of-way line of Old Major Drive for the northwest corner of said Lot 1 from which a TxDot monument found in the said east right-of-way line of North Major Drive for an angle point of said Lot 1 bears South 06 029'05"East 306.97 feet(called South 06°29'05° East 306.95 feet); i THENCE South 86°09'08° East a distance of 23.35 feet to a point at the intersection of the east line of a 23'wide utility easement recorded in Volume 1793, Page 223 of the Deed Records of Jefferson County, Texas and the southeasterly line of a 10'wide utility easement recorded in Volume 1776, Page 306 of the Deed Records of Jefferson County, Texas; i THENCE North 37°49'48" East along the said southeasterly line of a 10'wide utility easement a distance of 110.76 feet to a point for the south comer of the said 0.82 square foot tract and the POINT OF BEGINNING; ; THENCE North 52°10'12"West along the southwesterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the west corner of the said 0.82 square foot tract; THENCE North 37 049'48" East along the northwesterly line of the said 0.82 square foot tract a j distance of 2.35 feet to a point for the north corner of the said 0.82 square foot tract; THENCE South 52 01012" East along the northeasterly line of the said 0.82 square foot tract a distance of 0.35 feet to a point for the east comer of the said 0.82 square foot tract; FI777&SHMMAN,INC. Page 1 of 2 i Project No.07156ENCR(TR.D) Plat&Description 1405 Cornerstone Court- Beaumont,Texas 77706-(409)832-7238-fax(409)832-7303 Tx Board of Prof Engineers Firm No. 1160•Tx Board of Prof Land Surveyors Firm No. 100186 i I i EX Mrr"A",PAGE 8 OF 9 THENCE South 37 04948'West along the southeasterly line of the said 0.82 square foot tract a distance of 2.35 feet to the POINT OF BEGINNING and containing 0.82 square foot of land, more or less. i This Field Note Description is based on a land title survey performed by Fittz&Shipman, Inc. during June 2011. xk Wafter J. Ksiazek 'jrc OF �` v��f • Registered Professional L"P; vev ur No. 5321 * +;akG►StFr�F �s " WALTER J. KSIA7.1=1 s 6M 81 i FITTZ cE SHMMAN,INC. Page 2 of 2 Project No.07156ENCR(TR.D) Plat&Description EXHIBIT W. PARE 9 OF 9 TWO STORY TWO STORY WOW FRAME WOOD FRAME BUNDM ON SLAB BURDNJG ON SLAB POINT OF POINT OF / FOUND G / TxDOT O� ACT TRACT B /// ,�o MONUMENT O 71.38 / / t Yu- 91 el N 3749'48"E /� ——— ———————— —————— ——————————————— �T 0 10'UTILITY EASEMENT 7.11 27.57 7.11 61.92 / ryo.ut, .ry4ycP 04 j o VOL 1776 PG 306 DRJC, -----' ------------ /� —————————-� ———————————— POINT OF POINT OF GIf�NNG BEGINNING / / �• O AC C TRACT A COMMENCING POINT l FOUND TxDOT MONUMENT OLD MMOR DRIVE SURVEYOR'S CERTIFICATION: (A STREET) (ASPHALT ROAD) $ 3749'48" W 2.35 j " G.FT ]N 52'10'12' W 1 DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF. S 5210'12 E 0.'82 S THAT THIS 6 AN ACCURATE PLAT OF A SURVEY&DESCRIPTION MADE 0.35 N 37'49'48" E 2.35 0.35 ON THE GROUND UNDER MY SUPERVISION DURING JUNE 2011. {.f.,y o F r,p TRACM A—D *�;•�L (*�F�4J:E_ DETAIL � � WAL .L KSIAZEK WAITER J. Kg� gip * REGISTERED PROFESSKINAL D SUi 5321 •A G:se 1 s ' •{•OQ FittzShipman ATER UNE EASEMENT ENCROACHMENT TRACTS A-0 �'�F N°' 8 Avt, INC. PROJ= NAMR: STONELEIGH APARTMENTS 9 NORTH MAJOR DRIVE PROJECT NO. 140 CORNERSTONE COURT BEAUMONT.TEXAS BEAUMONT, TEXAS 07156 0:\PROJECTS\07156\07156.0010\07156ENCR.awq Sep 01,2011 11:31m ( )e3z-7z38 FAX(409)832-7303 DATE:8-31-11 TASK 10 Y R# �r••• 6� ■ �M O4 ,� o b e p i rm .• V` �� M ■ 1� 1 F 11 t •• ' p 11 It iiiiii Y. 11 d1���i� �� � , �f• i�'�1, '; � 5 J• fil R it ' :' � ••• ,; � x 1 � O h� E d �' e i� ��' .'1•,•• j logw 7 � I II I a 1 I a i t I �8 I •• 4 I • le 1 r I .• • 1 �m c L "--- i 7•N � E HOYBAiI PoIMR BOULEVARD ES .IC i PROPOSED$iq[[T ye 1 �v�7�.wus 1 I I } - EXHIBIT "B» ' 1 . U �D � / 0 � � Ob lb � - o 9 tK '\ w �. Ob o / Alex Vila OPPORTIFNITY f T # 3 0 X 0 A • 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 6,2011 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution supporting and joining the National Moment of Remembrance of the I&Anniversary of September 11 th 2. Consider adopting the FY 2012 Budget 3. Consider adopting the 2012 Capital Program 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2011 (FY 2012) 5. Consider amending Section 22.02.001,Water Service Rates and Section 22.02.002,Wastewater Service Rates of the Code of Ordinances 6. Consider granting a new solid waste collection and transportation service franchise to Liquid Vacserv, LLC 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: Yvonne Como v. City of Beaumont,Texas; 09-10-00192-CV City of Beaumont, Texas v. James Mathews; 09-10-00198-CV The City of Beaumont v. J.E.M.; 09-10-00537-CV 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 6,2011 Consider approving a resolution supporting and joining the National Moment of Remembrance of the 1e Anniversary of September 11th RICH WITH 01PPORT6HITT REAUNON* T Z • g • A • S City Co �cH Agenda item TO: City Council FROM: Kyle Hayes,City Manager MEETING DATE: September 6,2011 REQUESTED ACTION: Council consider approving a resolution supporting and joining the National Moment of Remembrance of the l Os' Anniversary of September l lm. RECOMMENDATION The Administration recommends approval. BACKGROUND The United States Senate unanimously passed a resolution on July 22nd establishing a National Moment of Remembrance on September 11,2011 at 12:00 p.m.,Central Time,to memorialize the September l l s'terrorist attacks with one minute of reflection. In the attached letter, Senator Frank Lautenber 8�th e sponsor of the resolution,has asked Mayor Ames to help by drafting proclamation or resolution recognizing this Moment of Remembrance and encouraging the fire department,police department and churches to ring bells or sirens at 12:00 p.m. CST for one minute on September 11,2011. These bells or sirens will be a signal to stop and remember. Mayor Becky Ames asked that this item be placed on the agenda for your consideration. FRANK R.IAUTENBERG ;vEW.TERSE r APPROPRIATIONS tin LU LOWU COMMERCE.SCIENCE.AND WASHINGTON,DC 20510 TRANSPORTATION ENVIRONMEN1 ARID Pllf 1 IC WoFiKS August 9,2011 Dear Mayor: This yew we marl.the I e anniverory of the terreAst attacks of September 11,2001,a day that changed America forever. To .o rate this occasion and pay tribute to three we lost,I introdowd the enclosed resolution establishing a national Moment of R rneBnbaranc le at 1:00 pan. East mDayiight Time on September 11,2011. Irian overwhelming deoaonstration of unity,the Senate unanimously pissed the resolutipn with*e eoapvalsors*of x11140 United States Senators. I write to request that you-join us in NO Moment of C" er►cc a symbol of solidarity throughout your city and across the cry. During the Moment of Remembrance,every persm across dw country is called upon to step.mdmamberthose we lost in the Septerriber 11"attacks. The Moment ofR e will take pl=for ow full minute at 1:00 pan.Eastern Time on'Septeenber 11,2011,and citims and towns,firehouses,churches and other institutions amm the country are catlW upw to sound sirens and ring bells during that minute. These sirens and bells will be a signal for ewh person to stop and remember the people we lost and demonsstraaw the pemverance the American people have shown since that fatefnil day. I hope you will participate by: • Working with and contacting firehouses,police,chines,and other institution in your municipality to sound sirens and ring bells for one minus at 1:00 pm,; • Passing a resolution or issuing a proelamadon recognizing the Moment of Remembrance; Hosting an event to commemorate the 101e anniversary of the September I 1 m attacks that includes the Moment of Remembrance;and • Notifying your constituents of the forthcoming Moment of Remembrance by noting it on your website and through local papers,social media and other outreach mechanisms. I have omated a websits for the Moment of Remernbnance wire you can get more infimm6on:www.lauteiiha&.§gia—tc.&Qv/stoRmidumem er. You can also eontactray office at stopandmmember@lsutenba&semste.gov or 202-224-3224 for additioiW information, Thank you for your consideration. Sincerely, HART SENATE Orrict BUILDING,SUITE 324 z w Ensu�E op"' s.:rr Ckk5Yr- >3+t.Fti_c„- ONEPO'�IG cxt!i 5..u7F 5Q5 Newns N,I of In. WASHINGTON,QC 20510 CaucN.ra,NJ 4if1911 r.I ti _a7tx Fn.:Ir t -tir (202)224._3224 FAX:1202!228-4064 e5a)TTa-eea2 rr tssr I a:P: 3P " N . i STO lr � 4 Ai B ER,, a "ILL t. Pi i IN 4 RESOLUTION NO. WHEREAS, the governing body of the City of Beaumont, Texas expresses their support of the United State's Senate regarding coming together as a Nation and ceasing all work or other activity for a moment of remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; and, WHEREAS, at 8:46 a.m., on September 11,2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; and, WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; and, WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; and, WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; and, WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; and, WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; and, WHEREAS, countless fire departments, police departments, first responders, governmental officials,workers,emergency medical personnel,and volunteers responded immediately and heroically to those horrific events; and, WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; and, WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; and, WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; and, WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; and, WHEREAS, 10 years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; and, WHEREAS, 10 years later, thousands of men and women in the United States Armed Forces remain in harm's way defending the United States against those who seek to threaten the United States; and, WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all of the victims of the events of September 11, 2001 and their families; and, WHEREAS, the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; and, WHEREAS, in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111-13; 123 Stat. 1460); and, WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and, WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States; 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 ordinance are hereby, in all things, approved and adopted; and, THAT the City of Beaumont, Texas recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and a day to come together as a Nation; and, THAT the City of Beaumont,Texas offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks; and, THAT the City of Beaumont,Texas honors the heroic service,actions,and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives; and, THAT the City of Beaumont, Texas recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well-being,to support the cause of freedom and defend the security of the United States; and, THAT the City of Beaumont, Texas reaffirms that the people of the United States will never forget the challenges our country endured on and since September 11, 2001, and will work tirelessly to defeat those who attacked the United States. BE IT FURTHER RESOLVED THAT the governing body of the City of Beaumont, Texas encourages the observance of the moment of remembrance to last for 1 minute beginning at 1:00 p.m. Eastern Daylight Time by, to the maximum extent practicable ceasing all work or other activity; and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - 2 September 6,2011 Consider adopting the FY 2012 Budget RICH WITH OPPORTUNITY BEAum T E g A - S City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 6, 2011 REQUESTED ACTION: Council consider adopting the FY 2012 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2012 Budget as submitted to Council on August 9,2011. 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 2012 Budget was submitted to Council on August 9,2011,and reviewed during a work session on August 23, 2011. A public hearing was held on August 23, 2011,which met the requirements of the Charter and state law. BUDGETARYIMPACT The proposed FY 2012 Budget appropriation for all funds,net of contingency,totals $217,020,018. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FORTHE FISCAL PERIOD BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, 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, 2011, and ending September 30, 2012; 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, 2011, and ending the 30th day of September, 2012, 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 $106,705,200 (includes $1.5 million contingency) b. Debt Service $13,069,600 C. Water Utilities $43,019,400 d. Water Revenue Bond Reserve Fund -0- e. Solid Waste Management $9,524,400 f. Hotel Occupancy Tax $2,439,100 g. Henry Homberg Golf Course $437,000 h. Municipal Transit $4,780,000 i. Other Special Revenue $2,989,018 j. Capital Reserve $5,141,600 k. Fleet Management $8,271,100 I. Employee Benefits $19,389,400 m. General Liability $1,254,200 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 6th day of September, 2011. - Mayor Becky Ames - GENERAL FUND STATEMENT OF REVENUES AND EXPENaTURES Actrei ftftu Es— - d maw FY 2816 FY 2611 FY 2111 FY 2812 REVENUES Safes and use Isms S 33.532.503 S 32,888,000 34238,000 S 34,238,000 Ptapaq tans 28,782,751 29,537.000 30,280,000 30,814,000 indru4 d pal 14745,496 i3,244.= i3,2i9X0 13.688,900 Groas reoaipts tares 81932:007 8,13X000 8,561,900 81515,000 Uwq fud in bu 7,238,000 8,638;000 84:i8,000 8,875,000 Ctrar9ss for services 4,217848 3.941,300 4,188,900 4,080.800 Fires and bruits Z0645'a4 2,110,000 1,817,500 1,828,500 Li wun and pa.. 1,883;123 1,490,400 2,000,000 1,549,100 Oewr 2,819;168 2.023,400 2.013,400 2,057,100 Trarwfers in 645,700 64700 846,700 500,000 TOTAL REVENUES 104,749.316 102,848,000 105,606,900 106,8'22,400 EXPENDITURES Poke 3D,522,415 30,583.MD 3(X810;100 31,571,500 Fine 22,747,810 23.2il6,400 22,994.900 23,962,700 Pubic Works 18,236.872 18,533,800 17,8 ,100 18,245,400 Punic I ham 7.34(X865 7,681.800 7,434,300 6,978,700 hi nnaion Tect whW 4,911.813 5,311,800 5,111,100 5,380,800 Event Far4iliss and LUfxa in 4,158,200 4,29X600 4,238.000 4,557,400 Parks and Recrsdim 4541,819 4.28X000 4.200.000 4,387,300 Finance 3,654,902 3,427,300 3,407,100 3,518,400 Corrrnu*DwAk*nwnt 1;8351340 1988,100 1 wAw 2,713,800 E=cu@w OMm 1,675,163 1,84000 1,65Zi0D 1,627,800 *Mew Resources 92&,663 876,700 877,600 900,000 City Aftorrwy 814.292 788.8fl0 831,700 879,000 Ckyr Clerk 258.053 340.400 424.900 284,800 TOTAL EXPENDITURES 101.6210277 102,882,400 101,454,300 105.155,200 OTHER USES Transfers out 2,004.300 1,986,000 499X000 1,46X000 TOTAL APPROPRIATIONS 103,6251577 104987,400 108,344,300 106,705.200 EXCESS(DEFiCM REVENUES OVER APPROPRIATIONS 1,123,739 (2.221 m (738.40M (782.800) BEG N3 FUND BALANCE 28,MDn 325 28,089;524 27,774084 27,035,664 Raearvad for ca rWncy 1,5001000 1.5i30,000 1,500.000 1,5WWD Unreserved 28,2X4084 22.388,,124 25,5►'16,684 24752,884 ENDING FUND BALANCE S 27.774.084 S Z W124 27.085AN S 28=884 EXHIBIT "A" DEBT SERVICE FtW STATEMENT OF REVENUES AND EXPEN!'STURE8 Aid 8~ Eall�lai tltrd FY 2910 FY 2811 FY 2811 FY 2012 REVENUES PIWNIY ft" s 13,105,490 S 13,819,000 s 13.985,20 $ 12,281.00o OOwr 406,oi1D 353,700 2,115,800 310,500 T,wmfta in 1,012463 927,000 578,000 817,200 TOTAL REVENUES 14,521,003 14.899,700 34,898,800 13,208,700 EXPENDITURES Principal and invest 14,78;1,523 15,372,500 32,515,900 13,052,800 service d-98 3,807 8,000 6.000 8,000 OOW P F I -10 s1*1 1 s 13,044 9.000 576,800 9,000 TOTAL EXPENDITURES 14,800,174 15,399;500 33,098,800 13,099,800 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 143,030 (488;800) 1,580j000 138,100 BEGINNING FUND BALANCE 2,099,133 2,099,133 2,211.163 3,771,183 ENDING FUND BALANCE s 2211,163 i 1,578,333 $ 36771.183 s 3,910.283 WATER UTL ES FUND STATEMENT OF REVENUES AND EXP�DIiURES Bow AGOW FY2N1 Eodmobd BudOst FY 20th (As Anum" FY 2N7 FY 2012 REVENUES VVaier ad= S 28;63%38B S 3D.M30D S 31.70%100 S 3Z,84Z,300 Smw doges 6.882.974 7,52l 200 7,300;600 7,738,000 Other %M%888 1,46%700 1,792,500 1,511,800 TOTAL REVENUES 3B;OKM 40,011,200 40.782.800 42,082,100 EXPENDITURES V*GW 7,312,324 7,13000 7,2564900 7,313,800 A %sit983 3.416,260 3.Wm 3,755.200 Operainp eogmxMum 1,212,125 1,27'8,900 1,469.360 1,462,200 Repirand.wha owe 3.969,8003 4.240.800 4,003,160 4,679,900 UIWAM 1,778.423 2.0864900 1,747,500 2,038,900 Corkad esrvices 1,1704016 1,316,,800 1,388.OD0 1,461,400 Equip m t ptrdw 2284 14,000 3,300 14,000 Cspid **Ww kv" 737,538 1,672,300 1,802,700 1,287,300 Ds6tu rvios 10.619.783 12.193,900 12.761,100 12,502,000 Pop mt Nn ieu d bass 5,730.000 6,730.000 8.730.000 7,000,000 Tn�r ehm Im alhw Amb 2711,0170 2,180,100 2,2KWD 1,514,000 TOTAL EXPENDITURES 38,446,982 42.279,700 43,04AW 43,019,400 EXCESS(DEFICIT)REVENUES OVER 1,597.089 (2.298,:210) (42OZ40D) (927,300) 13EGNNNiG FUND BALANCE 8.1019,221 9.124,161 9,700,290 7,417,860 Unreserved 9.700.290 6,865,661 7,417,990 %4M= ENDING FUND BALANCE S 9.760429D $ 8.865,961 $ 7 417 800 S 8.490,590 WATER REVEME BOND RESERVE FtMD STATEMENT OF REVENUES AND EXPENDITURES As&d Boded End Boded FY 2M# FY 3A1! FY 21"I FY M2 REVENUES Trarrdsm in S - i 39D,000 S 390.000 $ 390.000 TOTAL REVENUES - 39t1,00D 390;000 390.000 BEGORMNG FUND BALANCE - - 390.000 Urxessrvsd - 30%00D 390,000 7 0,000 ENDING FUND BALANCE i - i 39D.000 i 39D,000 i 720.000 SOt.D WASTE FUND STATEMENT OF REVENUES AND El�PF.NEIITURES Acted Budget FY 3018 FY 3011 FY 3011 FY 3012 REVELS R I colscftons a 5,938,979 a 54900.000 i 5.960.000 s 5,950.00 Lsndl i ftes 3,3154900 3~,000,000 3,000,000 3,000.000 Olhw 38,8661 14,900 28,300 11,'.f00 TOTAL REVENUES 9,292,960 8`914,900 8,976,300 8,981,500 EXPENDITURES w"" 2.120.208 2,211.200 2.095,700 2,231,900 Bsnsmin 1,1W304 1,198,300 1,197,900 1,287,900 Opwi 6 v o*wdwss 806,649 1,014,60D 822.300 9662.700 Rq)*snd isrwrc m 2,1184491 ZW.800 1,802,500 2,278,400 Urbs 19;866 23,900 20.500 23,500 Corbett sMnloss 120,708 222,800 181,500 219,000 E**nrnt p n*Wd ss - - 47,000 - Cal"coq wmft rss 2,180.868 707,600 9618,000 91,700 Dsbt smbe 1skm 435.100 436,400 435,100 Pap. mt in lou of fras 1,408,000 1,808,000 1,808.000 1,775,000 Trs nbm b cow trade 180.000 BMW 113,000 210,000 TOTAL EXPENDITURES 10,302,070 9,790.700 9,428,500 9,524,400 EXCESS(084M REVENUES OVER EXPENDITURES 0 AWA60) (896,200) (463,200) (58000) BEGINNHIG FUND BALANCE 4,1802,269 2,763,869 3,15 209 2,700,009 Urrssnvsd 3.153,209 1,887,899 Z,7M(= 2,137.109 ENDING FUND BALANCE i 1193.209 i 1,887.669 i 2,900.009 i 2,137.109 HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURE8 Acted Sudod Es Itd ow"d FY 2019 FY 2941 FY 2941 FY 2012 REVENUES Grass n+oeiplt tm $ 2.436.853 $ z300.00o s 2,300,000 ; 2,300,000 Oom 32,091 25,400 17,800 13,400 TOTAL REVENUES 2,487,934 2,325,400 2317,800 2,313,400 EXPENDITURES Convwdion w d Withers 9unsu 1,808,451 1832,800 1,680,400 1,410,100 MIS , 'progo @ 33'2.000 332,000 332,000 332,000 Psp.m t ih fitu dto 100,000 100,000 100,000 100,000 Trarrdim b ofhw#jnds 7M5t= 742,700 742,700 597,000 TOTAL EXPENDITURES 2,9765151 2,807,500 2,844,100 2,439,100 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (509,,217) _(48,100) (5284mm (125,700) BEGINNING FUND BALANCE 1,328,444 896;544 818,2V 291,777 Unreetrred 818,227 203,444 291,727 188,027 ENDING BALANCE ; 8184227 s 20Ci,444 ; 291.727 ; 189.077 FY JIM FY 2911 FY 2912 Emulpt S 8 8 Clerical 1 1 1 9 9 9 HENRY NOMBERQ GOLF COON FtMD STATEMENT OF REVENUES AND Add Bodo* Esltirr�le� BoNgst FY 20'10 FY 2"ll FY A FY 2012 REVENUES Charges for services $ 337,015 t 4X00D Z 390,400 i 443,000 Odw 32.694 100 100 100 Transfers it 70,000 35,000 35,000 - TOTAL REVENUES 430,709 473,100 425,500 443,100 EXPENDITURES Wanes 178,90¢ 158000 181.300 183,600 Bs wft OZ205 44,300 45,80D 47,500 OPKS*p averdtrass 41,599 43,400 50,500 52,?AD Rep&and rnsirrtarrirws 51217 SZ800 801500 57,300 Ulum 17,53'1 19,00D 14,700 19,000 Contract servroes 3,892 SZ000 11,400 58,000 Copilot o psrrdiau 55,300 24,800 38,800 21,400 Debt"vics 75,644 12,800 12,700 - Trwofam to a9m fande - - 1,000 TOTAL EXPENDITURES 408,172 437,900 414,700 437,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (9,685) 35,200 1AWD 6,100 BEGUN ING FUND BALANCE 6,066 5,01)7 (%N% 7,201 lhxssarvsd (3,909) 40,287 7,201 13,301 ENDING FUND BALANCE iWm ; 40.267 t 7,201 ; 13,301 MUNKWAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDt'i1lRE8 Acted BodW EINndbd Bodp* FY 2919 FY X11 FY 2911 FY 1913 REVENUES service clrripes a 571,486 a 5wom a WQ)DD a 55D,00D kwwgw4u.o.mdd nrAm es 3,493,098 2,253,800 2,906,600 7,178,500 tither 1,381 400 1,30D 400 Trwafem in 1,90Q000 1,950,000 1,96),000 1,56QOOD TOTAL REVENUES 5,985,815 4,754,70D 5,480,200 4.778,900 EXPENDITURES OPKGO p Supplies 157,398 180,OOD 130,700 180,000 Contiad servion 4,599,498 4,715.00D 4,300,000 4,60D,000 Cq*w oufty 1,148,72 - 999,000 TOTAL EXPENDITURES 51890906 4,895AM 5,118.700 4,790,000 EXCESS(DEFICIT)REYEMIES OVER EXPENDITURES 72.338 (140{800) 34ZWD (501,100) BEGINNING FUND BALANCE 29Q133 1564834 382.472 704,472 Urreowved 352,472 14,734 704,472 203,372 ENDING FUND BALANCE a 3OZ472 a 14.734 a 7104,472 a 203.372 OTHER Ft1M8 STATEMENT OF REVENUES AND EsYealsd Bshrroe FlP 21112 Bdsrros Immi Iyl w NMIOR OWW12 Mur*ipd Airport s 5Gzm i 208,8W am m $ - Tears Mohr Carrier Vfokr ns 88,418 30.400 96,818 - Mmc pd Court Seam*Fee 86 51,200 51,288 - Municipd Cast Tednobw 380,538 81,500 442,038 - Municipsi Cart JuvsWb Case Mm mom - 58,200 58,20D - Ure Reoorery 9,500 500.000 509,500 - Ritm Rowvay 38 350,000 350,038 - ConOeailed Goode 80,403 90,500 170,903 - Julie Rogers The**Endowment 122,821 500 23,321 100,000 (1) Tyrrd l l Im icei Lbrary 3,085 100 3,185 - E*endebb Trust 24,597 13,200 255,797 - Lbrwy Trust 98,541 500 97,041 - Libary F_ndowrrrerrt 8903,085 4,OOD 122,185 774,900 (1) Hiskxicd Fire f nem 1,240 8,000 9,240 - TOTAL $..&4M.218 $ 1.374 700 $ 2980.018. i 874.900 (1) UnnpwKbblo w dwnym t CAPITAL REEVE FUND STATEMENT OF REVENUES AND Act" softe ESWABO sd oudow FY 2010 FY 2N111 FY 2811 FY 2012 REVENUES Fleet nrnlril s z24z400 a 2145,701 i 2145,70D a 2065,900 Oew 189,529 39,800 123,500 28,800 Tnowfa a in - - 1,00D,00D - TOTAL REVENUES 2 431,929 2186.500 3,289,2101 2115,700 EXPENDITURES hvraenwft 906,758 770;001 391,900 1,490,100 Equip nw t 518,505 1,185,200 1,5?8,70D 1,848,100 Vehicin 1,565,569 1,2W,00D 1,184,800 1,781,20D Debt servi a 284,818 362,300 30130D 244,200 TOTAL EXPENDITURES 3,296.561 3,541,500 3,476,70D 5,141,800 EXCESS(DERC17)REVENUES OVER EXPENDITURES (883.831) (1365r�) (217,500) (3,025.900) BEGINNING FUND SALA14CE 7,154,082 5,868,861 8.290,431 8,082,931 Unreserved 80I90;431 4,3436861 6,082931 3,057,031 ENDING FUND BALANCE a 8,290,431 $...L3436= i S,082,931 S....3057031 FLEET FUND STATEMENT'OF REVENUES AND Aclud ftdp* Esliarad I b deat FY 2016 FY 2011 FY 2611 FY 2012 REVENUES User fast $ 7,31108 $ 7,877.500 $ 7,532:300 $ 8,427,100 O6wr 8.484 4,000 8,200 4,000 TOTAL REVENUES 7,32Q15D 7,881,500 7,54D,50D 8,431,400 EXPENDITURES Mlepss 1.380,422 1.38x.300 1.337.000 1.384.200 Bens 705,74D 704,200 888,200 778,200 Opwa"aw alRsas 2,283,192 3,070,100 Z770,10D 3,072,700 Repair and on Munerwe 2,235,757 Z300.40D 2.094,200 2,300.100 Ud Idw 48,748 54,800 48,000 54,800 Cord ad aeroim 718.400 883,300 892;700 898,900 Equipment purd� 3,100 9,900 9.900 9,900 Cal" 4,508 2D,00D 2D,OOD 28,300 Trans s to adw funds - - 16.50D - TOTAL EXPENDITURES 7,357,885 8MMOOD 7,888.800 8,771,100 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (37,715) (351,5{10) (148,100) 160,30D BEGINNING FUND BALANCE 1,151,801 1,038,003 1,114,088 987,988 Roomed for irnsr" - - - - Unrom vad 1,114,008 888;508 987,988 1,128,MS ENDING FUND BALANCE $ 1 114088 $ 8d8450Ci $ 9W.M i 1.11!4,288 EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND Budget Actual FY 2611 Esdneled Budget FY 2810 (#A AMeEdsd) FY 2111 FY 2812 REVENUES Swvioe d wgas S 13,,996,2903 i 13,797,000 i 13,700.000 i 14,454,000 Enrpbyee conHxdl rw 3,0%374 3,387,70D 3,435,700 3,788,700 Other 50,352 20,000 18,500 20,000 Trwwbm in 30,000 3D.00D - 3D,OOD 30.000 TOTAL REVENUES 17,126.019 17,234,700 17,182,200 18,288,700 EXPENDITURES i lem Prole wed Pmvklmr Orgrrimelion 8,773,296 12,378,000 1%960,700 13,780,800 Fiso M1itrwrtioe 0 0 boam 4,254,844 - 11041,500 - a INN ppriemill ens 2,464,739 2,500.000 2,500.000 2,625,000 DoAd 668,386 8871500 863.+100 908,400 Odwr LwrwMm 181,187 180,900 179,500 186,000 Tdd 16,542,294 15,949,700 15,536,100 17,502,800 Wwka's Go Werombn Third pe ft adanirdo NNW 83.600 83.800 64,200 85,000 CM m paid 913,563 1,000.00D 908,000 1,000,000 Emess irwoanoe 86,000 WOOD maw 85,000 157,759 204 300 160000 182,800 Total 1,21972 t,21 1,31Z,600 GwwW Contract Sewbee 49.388 - 54,300 48,800 Redrerrwnt Tfust - 25%000 250.0W - Unsnfpbynw t 82,836 100,000 98,000 100,000 Short lean dsebity 372,872 425.0 0 7MMO 425,000 Total 5051086 775,000 1,181,300 573,600 TOTAL EXPENDITURES 1S.W.252 18,071,600 17,664,600 19.388,400 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (1,142233) (836,900) (872.400) (1.082,700) BEGINNING FUND BALANCE 4,068,464 2,418,855 2.924,221 2,251,821 Unreeerred 2,914,221 1,581,956 2,251,87# 1,159,121 ENDING FUND BALANCE i 2.924.221 i 1561966 $..2&I,821 i 1 199 121 GENERAL LUMNL ITY FUND STATEMENT OF REWENKJES AND Aalwl 900110 Buded FY 21"0 FY 21"1 FY 21"1 FY 21"2 REVENUES Tnon tars in i 400,000 i 325.000 $ 1,725,000 S 40Q000 Otnu 9,840 9,000 3.250 3,200 TOTAL REVENUES 409,810 334,000 1,728,2110 403,200 EXPENDITURES Prsllrssim aarvioes 320.155 35D A00 30D A00 360,000 Gains paid 901,919 1,175,000 11010,000 900,000 Other iw wme 4,146 4,2W 4,200 4,200 TOTAL EXPENDITURES 1,22220 1,529,2A0 1,314.200 1,254,2A0 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (816,380) 0,195,201 414,A00 (861,000) BEGINNING FUND BALANCE 1.808,463 1.823,463 992AM 1,406,083 Reserved for unpaid r ms - - - - Urreserved 992,083 428,26:1 1.408,083 566,083 ENDING FUND BALANCE i 962.08;11 i 428,283 i 1.408gt2a3 $ 555.= 3 September 6,2011 Consider adopting the 2012 Capital Program RICH WITH OPPORTUNITY BT • E • X 9 A 9 S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 6, 2011 REQUESTED ACTION: Council considering adopting the 2012 Capital Program. RECOMMENDATION Administration recommends Council adopt the 2012 Capital Program as submitted to Council May 13, 2011 and revised August 9, 2011. 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(27d) day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 13, 2011. It was revised and submitted to Council on August 9, 2011, and reviewed during a work session on August 23, 2011. A public hearing was also held on August 23, 2011. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2012 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A." A public hearing was held August 23, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - PUBLIC YKW=PROJECTS R -ded Estimated Thne SCltadtde Cast FY 2912-28'13 Calder - Main to Phelan 62,000,600 [11 Cw wrWWCorley - Ditch 100d 1,722,600 [2l Corwor+d Road - Phase IV - East Lucas to Hwy.105 21,000,000 pi East LAIaas SkIrwaft-LIS 69 to Raikoad Trades 800,000 Fwwwlt Road - Ethel to Eleventh 8801000 Madla n - kvbV m Qronre 3,420,000 South Park Relief 11,703,400 [41 Street RaihdWMlon Program 4,500,000 Traffic SOW System 2,557,000 Iq RwoesnASadrd EsIbus ad Timm SdmAds Desiioue Eltase Cost FY 2012-2013 Avenue A - Waehir000n b US 80 S $ 12,200,000 College Street - 94-10 ID Card 12,700,000 Delaware, - Concord to Dowlen 17,520,000 Dowlen - CoMpe to Walden 15,500,000 Iq Dowien - US 89 N to DNanniare 17,520,000 (fie Simd - 94-1010 Dowln 5,000,000 Laurel - IH-10 to tike Park 6,490,000 Magnolia - 8eiwie to Ead Lucas 24,495,000 North Ske d-WL Klnp to TiMar*Thid 12,800,000 Old Dowlen - Dowlen to Hwy.105 11,550,000 [7l Regina - 2 to Thomas 2,200,000 Severdt Street - 94-10 to Laurel 7,000,000 [A] Wae*v&n - IH-10 to ML King 27,500,000 Washington - I.arrgherri to Me* 13,000,000 [8l [1l sF8MA= w4F$M.!'id 00eaodbTMasC I -dRwdlliis(iD"%ftd Gdil.e6WW The aid seat N b Cvr is#nAB6;00et. W TAM is a load pW$dW=P*dweA JW� Coo*Dnkge DbM Ne.a and 2W TOM tkpbMd d Kurd AfMrs(TDRA). TherekmwA%b I Ai owcovesNspooI I pi bwb doe Fadoad 1 F$sw tA ap b 17,375,000. [41 badrdw 900e Dkookr IYoewq Ford-Hwdane b haldro d i11,37e,400. Fq kch+daFidmditw *d$2M2Ae0:WwCelrwrrr i4ft=dbFY2MCOMProe�SOW CoM o R*d man bibbed xMM Theowt b Me Cq k reduwd to iee.00owM eu b)-d maA M hrakdoo ftdwd FiarrrvV AdwMMWeon hadig di2.7e4AW. [7I kwkdwTWD0fhadigap11*% 00.000. ie) hdmboFbdm N hway A IedaIM & hadgd$SA8D= Pl AffthehirtirMe UpdabddainAupuot. lal Appyip hwr Gm t h+r uo e,e PAa* w b Mndw RWW Pn pn Upds%vWm h^ wt. EXHIBIT "A" PUBLIC WOOM PROJECTS Es1lrnMe I Rep a -- ended plowndpnlimb cost Time Sdnednds FY 20'12-20"fd Babe Zaholms Drive $ 2,150,000 Belvedwe - Ruins to Dead End 2,750,000 Cakh ood OutbO 7,600,000 [a] Dowien Road - Delaware 1n Gladys 11,385,000 Dowrnf m MWmvwnenks Wall-Neches b ML King 7,800,000 Crt�laeBll anrei-Paw to Magnoia 2,500,000 East Lucas - US 89 N to Pine 17,470,000 EWm,Ah Sheet - Wash ow to US 89 N 25,000,000 "Street - Lnre Oak to Delaware 3,565,000 High School Ditch 12,800,000 Howell - Regina to Sue 2,625,000 Norlh Main Street - Calder to Railroad Tracks 2,880,000 Pbelen Botdeward - M-10 b Dawbn 24,000,000 Pine Street - 0l-10 to Cm irked 5.230,000 Sabine Pass - Err all:to ML King 4,000,000 SdxmA Skd vmk Program 1,000,000 GENERAL EMIEM'PROJECTS R-mn N-ra ded Eslbpeid Thm 8dadub CH -oil NoMm lebm Cost FY 2012-2015 Amtrak Station bnp wmnante $ 600,000 Downtown Event Center A Park 10,000,000 I ke and Oft Trall Phase M-Delemare to Faieom 826,400 111 Poise Depwbnent Property 0 1 g 1,500,000 Rkwharit Park kwovernerits 3,235,700 i21 R Wed Tineiichak le onlimpholbe FY 2013-2013 Atdodc Complex Temis Center 4,000,000 Civic Center hnp wemw to 500,000 Commmicabriesoft 1,500,000 Fire Stoma,No.2 Raiodim 3,000,000 pi Fleet Fire MWnbnon",e Facility 2,000,000 T9 nepn toliort Opondione Shop 2,6 00,000 Tyrrell Park Imp vvwnw is 3,000,000 ft— m�endad Time Sde FY 2012-2016 Plenimed Proilects Down swm L.brwyt 3,700,000 Fire Sbda -Repilsoeamk Project 6,000,000 Fleet Service Canter bnpn mnw is 2,500,000 Pubic H"Mh Complex 7,000,000 141 Senior Center 2,300,000 III GM*awarded eam the Fideni Tmmod am EnhenoomenI P4 ow. In We omit of$061,120. M Owd ne, I Aom Hwdmw No Oieedw Rdd PmM m [3I hdlad for tint ftwA&flee Hnta.ne On Dbmdsr Rawmy Piagm, i t k+p1sd br Grant ftagQh the H►nko m t)1 -1 Remary Plopam WATER AND SEWER PROJECTS Room- -plod EsBm dad Time Schedub Conskudha Ph m Cost FY 2012.2014 WOsf rF0g0cts: Automatic Fl Mft Devices $ 100,000 Hydrogen SuSde Removal at Loeb Wd No.1 1,200,000 Loeb Wel No.1 ENdticd knp wnmenb 700,000 Water Line and Fire Hydrant knbebW Mapiecement 3,000,000 Water RW t Study 200,000 Waite 81ttt!'Purnpft station 3,000,000 BMWAVOCW 38"LongNow ftwosplor Rstaibii Won 3,000,000 48"intttt»ptor RehebWalion 3,400,000 54"Contra{Tnmk RshsbWAMon 4,800,000 60"Trunk Lino RahablMon 4,800,000 Dredge Ponds 1 oral 2 a<Ws"vater Treaknent Pat 400,000 Florida Avenue&Fw#wtt Road k t cepwm 2,400,000 Grit Punnp Raplooen ent - Wadm aber Treatment Plant 1,150,000 Let Stsdon Repairs 900,000 Primer Sanitary Sower Lit station 1,100,000 Swft"sewer RstwO ton - Smal Mains(Pipe BumbV) 6,000,000 1Maebs A*K Trea6nfent Plant Bar Screens and Digester Rshabftbon 3,0001000 Wadtewd W Treatment Plant Elek4rk d improvemwts 1,400,000 WasbesA*K Treatment Punt Hol ft Pond 2,700,000 Wastewater Trestrnent Pot Member Plan 800,000 WOdWAV ter Treatment Pwnt Pipit/Rehabilbsion 1,200,000 WastmNater Treatment Plant Shrdge Thickener Rehabftllon 650,000 W&WAtaww itrr 8~Phgocfs: Conoord Road - Phase IV - East Lucas to Hwy. 105 1,368,000 Fannet Road - 11th street to Catdnd Drive 240,000 Matson - Irving to Grove 132,000 WATER AND SEWER PROJECTS ReoornmerWed EstMaM0d Then Soho" Cost FY 2012-2014 it4lsr PMa/eces: 36"Tra amiiislon tine $ 8,800,000 Bunn'Bldf Pumping Slallon 2,800,000 Wdw BottAng Pant 1,500,000 Water Traatment Pantlmprovements - Phsee tl 1,000,000 Weiss Canal Stson 3,500,000 smairPMagae 66"and 21"Trunk tine Rehion 4,000,000 72"and 36"Trunk Dines Reha6lillation 6,000,000 DegftK - Wastewater Treatment Pant 8,000,000 Wastewa w Treatment Pant 0ftine Damon sydem Improvernuft 2,500,000 Wastewater Treatment Pant Cleriiers Rehabirts8on 3,800,000 UdilaMeww for S *WPMajeoie: Avenue A - WmMigton To US 89 S 780,000 College Street - I1-1-10 to Goied 1,006,000 Delaware - Concord to Dowlen 3,276,000 Dowlen - College to Walden 1,872,000 Dowlen - US 09 N to Oeaware 1,092,000 Guff Street - live Oak to Deaware 624,000 Laurel - IH-10 to Ofte Park 588,000 Magnolia - Bowie to East It, 2,928,000 North Shust - ML.KhM to TI wdy-TlhM 1,206,000 Old Dowlen - Dowlen to Hwy. 105 836,000 Regina - Howell to Thomas 456,000 Severdh Street - IH-10 to Laurel 612,000 Waftow - IH-10 to ML King 2,400,000 Washington - Lanpham to Mejor 2,076,000 WATER AND SEWER PROJECTS Rm a m amMnded Esdnuftd Time Schedule ptaaead Pnoiaobs Cost FY 2012-2018 Lift Station Repairs $ 800,000 Sw*wy Sewer RehalAl ion - Small Mains(Pipe Bursting) 4,000,000 Wastewater Treatrnent Phut Ground I nprovernnents 1,000,000 Water Line and Fire Hydrant hnalMatbnlReplacsment 2,000,000 Water Treatment Plant Improvements - Phase 11 Construction 11,000,000 NteWARaw for Sbast PhVecb. Babe Zaheriee Drive 50,000 Belvedere - Regina to Dead End 380,000 Dowlen Road - Delaware tD Gladys 758,000 Downtown In ovements Wag-Neches to ML King 95,000 East Lucas - US 89N to Pine 2,304,000 Eleventh Street - Washiroon to US 89 N 528,000 Gladys Street - IH-1010 Dowlen 1,538,000 How+M - Ream to Sus 487,000 North Main Street - Calder tD Railroad Trades 204,000 Phelan Boulmwwd - I14-10 to Dowlen 708,000 Pine Street - 114.10 to Crockett 528,000 Sabine Pass - Emmedto ML Krtg 1,020,000 4 September 6,2011 Consider accepting the tax roll and establishing the property tax rate for the tax year 2011 (FY 2012) RICH WITH OPPORTUNITY T - E � s - A - s CI Council A enda Item tY g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 6, 2011 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2011 (FY 2012). 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 2011 (FY 2012). The tax rate would be apportioned$0.458182/$100 assessed valuation to the General Fund and $0.181818/$100 assessed valuation to the Debt Service Fund. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 60'day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. BUDGETARYIMPACT Applying the proposed tax rate of$.6400 and a 97%collection rate, budgeted revenues of $30,014,000 and $11,911,000 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 2006; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the re-certified tax roll for the City of Beaumont as of August 1, 2011 to be $6,753,396,435; 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 2011 (FY 2012)should be established based upon said roll; 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$6,753,396,435 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 2011 (FY 2012), 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 $0.458182 Debt Service Fund $0.181818 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 6th day of September, 2011. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON RECERTIFICATION OF 2011 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 as revised from the July 27, 2011 Certification. August 1,2011 Date Roland R. Bieber,RPA Chief Appraiser Jefferson County Appraisal District 2011 APPRAISAL ROLL INFORMATION 2011 Gross Value $7,464,263,240 2011 Gross Taxable Value (Net Appraised) $6,952,289,145 Total Number of Accounts 65,664 #of Accounts with Homestead Exemption 24;185 #of Accounts with Over-65 Exemption 7,806 #of Accounts with Disabled Exemption 1,632 #of Accounts with Veterans Exemption 700 #of Agriculture-Use Accounts 245 #of Exempt Accounts 4,202 2011 Taxable Value $6,753,396,435 RECEIVED BY: DATE: EXHIBIT "A" TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 8/01/2011 10.23.30 ADP3TAXC 2011 APPRAISAL ROLL 12310403 PAGE 1 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00V * 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 65,664 7,464,263,240 0 * MINUS EXEMPT ACCOUNTS, 4,202 466,159,955 6,998,103,285 MINUS AGRICULTURE ACCOUNTS 245 MARKET VALUE 37,292,460 PRODUCTION VALUE 642,420 LOSS DUE TO AG EXEMPTIONS 36,650,040 6,961,453,245 SUBJECT TO LATE PENALTY 0 POLLUTION CONTROL 3 9,164,100 6,952,289,145 FREEPORT ACCOUNTS 0 0 6,952,289,145 LEASED VEHICLES 0 0 6,952,289,145 PRIMARILY CHARITABLE ORG 0 0 6,952,289,145 NET APPRAISED VALUE 61,459 6,952,289,145 LOSS DUE TO LIMIT 1,246 14,449,100 6,937,840,045 ABATED ACCOUNTS 1 134,450 6,937,705,595 HISTORICAL ACCOUNTS 4 1,245,800 6,936,459,795 PARTIAL EXEMPTION 2 3,079,520 6,933,380,275 EXEMPTIONS STATE MANDATED HOMESTEAD 24,185 0 6,933,380,275 STATE MANDATED 065 7,806 0 6,933,380,275 STATE MANDATED DISABLED 1,632 0 6,933,380,275 LOCAL OPTION 065 7,806 135,243,860 6,798,136,415 LOCAL OPTION DISABLED 1,632 27,522,650 6,770,613,765 LOCAL OPTION HOMESTEAD 24,185 0 162,766,510 6,770,613,765 VETERAN EXEMPTIONS EXEMPTION CODE 1 @ 0 0 0 EXEMPTION CODE 2 @ 5000 134 664,490 EXEMPTION CODE 3 @ 7500 57 414,810 EXEMPTION CODE 4 @ 10000 65 629,310 EXEMPTION CODE 5 @ 12000 67 769,240 EXEMPTION CODE 6 @ 12000 250 2,850,930 EXEMPTION CODE 7 @ 12000 0 0 EXEMPTION CODE 8 @ 5000 8 40,000 EXEMPTION CODE 9 @ 100 119 11,848,550 TOTAL VETERAN 700 17,217,330 NET TAXABLE 6,753,396,435 GROSS TAX AMOUNT .00640000 -------------------------------------------------------------------------------> $ 43,221,736.42 +* 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 -----------------------------------------------------------------------------------------> $ 43,221,736.42 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ** INCLUDES 2 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 30,485 ** INCLUDES 0 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 0 TAX CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 8/01/2011 10.23.30 ADP3TAXC 2011 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 OF TOTAL GROSS VAL 7,464,263,240 Al 33,688 3,307,858,795 3,126,870,505 20,011,970.95 .4630 A2 134 2,365,550 1,978,200 12,660.47 .0003 A5 2,983 209,928,590 198,992,420 1,273,551.25 .0295 B1 335 258,809,000 255,729,480 1,636,668.93 .0379 B2 391 13,528,750 13,043,720 83,479.79 .0019 B4 40 2,795,360 2,764,430 17,692.34 .0004 CO 17 301,960 301,960 1,932.54 .0000 Cl 10,119 73,093,760 73,064,800 467,614.79 .0108 C2 946 32,074,710 32,074,710 205,278.02 .0047 D1 165 378,590 378,590 2,422.98 .0001 D2 76 251,250 251,250 1,608.01 .0000 D3 18 3,974,020 3,974,020 25,433.73 .0006 D4 403 39,703,410 39,703,410 254,101.83 .0059 D5 2 141,180 141,180 903.55 .0000 D9 4 1,586,'640 1,586,640 10,154.50 .0002 E1 45 14,919,470 13,908,740 89,015.95 .0021 E2 1 100,570 100,570 643.65 .0000 FX 1 0 0 .00 .0000 F1 2,990 1,273,712,590 1,272,183,540 8,141,974.77 .1884 F2 33 18,228,370 18,228,370 116,661.56 ,.0027 F5 32 2,648,110 2,648,110 16,947.92 .0004 F9 41 183,955,130 183,955,130 1,177,312.85 .0272 G1 829 73,237,600 73,237,600 468,720.85 .0108 G2 49 3,090 3,090 19.74 .0000 J2 23 6,875,750 6,875,750 44,004.80 .0010 J3 93 116,762,490 116,762,490 747,279.90 .0173 J4 17 33,103,110 33,103,110 211,859.90 .0049 J5 55 26,368,760 26,368,760 168,760.07 .0039 J6 172 20,625,960 20,625,960 132,006.12 .0031 J7 4 9,470,140 9,470,140 60,608.90 .0014 J8 140 14,135,560 14,135,560 90,467.59 .0021 L1 6,543 770,145,100 770,135,100 4,928,863.74 .1140 L2 1 22,000 22,000 140.80 .0000 L6 84 31,888,560 31,888,560 204,086.78 .0047 L8 32 306,095,690 306,095,690 1,959,012.42 .0453 L9 84 85,401,570 85,401,570 546,570.08 .0126 M1 402 3,556,550 3,149,870 20,159.25 .0005 01 467 14,241,410 14,241,410 91,145.10 .0021 ------- -------------- -------------- -------------- 61,459 6,952,289,145 6,753,396,435 43,221,736.42 A 36,805 3,520,152,935 3,327,841,125 21,298,182.67 .4928 B 766 275,133,110 271,537,630 1,737,841.06 .0402 C 11,082 105,470,430 105,441,470 674,825.35 .0156 D 668 46,035,090 46,035,090 294,624.60 .0068 E 46 15,020,040 14,009,310 89,659.60 .0021 F 3,097 1,478,544,200 1,477,015,150 9,452,897.10 .2187 G 878 73,240,690 73,240,690 468,740.59 .0108 J 504 227,341,770 227,341,770 1,454,987.28 .0337 L 6,744 1,193,552,920 1,193,542,920 7,638,673.82 .1767 M 402 3,556,550 3,149,870 20,159.25 .0005 0 467 14,241,410 14,241,410 91,145.10 .0021 ------- -------------- -------------- -------------- 61,459 6,952,289,145 6,753,396,435 43,221,736.42 5 September 6,2011 Consider amending Section 22.02.001, Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances RICH WITH OPPORTUNITY BEAUM,ON! * T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 6, 2011 REQUESTED ACTION: Council consider amending Section 22.02.001,Water Service Rates and Section 22.02.002, Wastewater Service Rates of the Code of Ordinances. RECOMMENDATION Administration recommends approval of an increase in the water and sewer rates by six percent (6%), effective October 1, 2011. BACKGROUND The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. Many of the capital improvements are required to meet State and Federal regulations. The six percent(6%)rate increase is needed to effectively operate the water system and to provide for the necessary debt service associated with water and sewer system projects. BUDGETARYIMPACT The proposed rate increase is projected to increase water and sewer revenues by$1.6 Million for FY 2012. Water/Sewer Rate Increase October 1, 2011 Minimum Monthly Rates Water Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 10.23 $ 10.84 $ 15.36 $ 16.28 1 11.32 $ 12.00 16.98 $ 18.00 11/2 12.42 $ 13.17 18.61 $ 19.73 2 15.5 $ 16.43 23.26 $ 24.66 3 31.49 $ 33.38 47.25 $ 50.09 4 38.18 $ 40.47 57.26 $ 60.70 6 68.82 $ 72.95 103.20 $ 109.39 8 94.65 $ 100.33 141.96 $ 150.48 10 130.25 $ 138.07 195.39 $ 207.11 12 162.38 $ 172.12 243.58 $ 258.19 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 3.46 $ 3.67 $ 5.19 $ 5.50 ` Sewer Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 6.53 $ 6.92 $ 9.78 $ 10.37 1 6.65 $ 7.05 9.95 $ 10.55 1 1/2 6.75 $ 7.16 10.11 $ 10.72 2 7.34 $ 7.78 10.99 $ 11.65 3 8.30 $ 8.80 12.44 $ 13.19 4 12.16 $ 12.89 18.25 $ 19.35 6 19.93 $ 21.13 29.86 $ 31.65 8 24.35 $ 25.81 36.55 $ 38.74 10 33.22 $ 35.21 49.81 $ 52.80 12 42.07 $ 44.59 63.08 $ 66.86 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 3.10 $ 3.29 $ 4.71 $ 4.99 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02.001 and 22.02.002, OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCREASE WATER AND WASTEWATER RATES EFFECTIVE OCTOBER 1,2011; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 22,Article 22.02, Section 22.02.001 of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 22.02.001. Water service rates. (a) Effective October 1, 2011, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the city except as provided in paragraph(b) of this section. Meter Sme/inches Inside City Rate Outside Cft Rabe 5/8 $ 10.84 $ 16.28 1 12.00 18.00 1 1/2 13.17 19.73 2 16.43 24.66 3 33.38 50.09 4 40.47 60.70 6 72.95 109.39 8 100.33 150.48 10 138.07 207.11 12 172.12 258.19 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.67 $5.50 Section 2. That Chapter 22, Article 22.02, Sections 22.02.002, of the Code of Ordinances of the City of Beaumont be and the same are hereby amended to read as follows: Sec. 22.02.002. Wastewater service rates. (a) Effective October 1, 2011, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the city where the wastewater produced by such customers is a normal strength wastewater(150 mg/1 lb) except as provided in paragraph (b) of this section. Meter Size/Inches Inside City Rate Outside City Rate 5/8 $ 6.92 $ 10.37 1 7.05 10.55 1 1/2 7.16 10.72 2 7.78 11.65 3 8.80 13.19 4 12.89 19.35 6 21.13 31.65 8 25.81 38.74 10 35.21 52.80 12 44.59 66.86 Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $3.29 $4.99 Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of September, 2011. - Mayor Becky Ames - S September 6,2011 Consider granting a new solid waste collection and transportation service franchise to Liquid Vacserv, LLC RICH WITH OPPORTUNITY BEAUMONT T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 6, 2011 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to Liquid Vacserv, LLC. BACKGROUND According to City Ordinance 22.05.101,no person shall engage in the business of collecting, hauling or transporting, in the city, any garbage,waste or refuse, without first having obtained a franchise from the City. Five(5) entities currently have nonexclusive franchise agreements with the City and are doing business in this area. Liquid Vacserv, LLC has requested that the City Council grant the company such franchise agreement. Liquid Vacsery is locally owned and operated with its corporate office located at 2715 Laurel Street in Beaumont. The requested franchise is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent(7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three (3) separate Council meetings,with the third not less than thirty(30) days from the first reading. The ordinance does not take effect until sixty(60)days after its adoption on the third and final reading. After passage,the ordinance must be published for four(4)consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by franchisee. Attached, is a copy of the franchise agreement for your review. BUDGETARY IMPACT A franchise fee of seven percent(7%) of gross receipts is paid into the General Fund. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO LIQUID VACSERV, L.L.C. WHEREAS, Liquid Vacserv, L.L.C. (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY 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 Section 1. Grant of Authority There is hereby granted by the City to Liquid Vacserv, L.L.C. the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection,hauling ortransporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes,special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address,frequency of pick-up, size of container or type of service and charge for same. The following report shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served,frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents,servants or employees,and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty(30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars($500,000.00)per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10)days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Liquid Vacserv, L.L.C. 2715 Laurel Street Beaumont, TX 77701 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20) days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision or to falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 30th day of Au ust, 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2011. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2011. - Mayor, City of Beaumont- ACCEPTANCE: LIQUID VACSERV, L.L.C. By: (Company Owner/Representative)