HomeMy WebLinkAboutPACKET SEP 25 2012 SIC■ WITS OrrOSTOSITT
BEAUM`01K*
T • S • Z - A - 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 25,2012 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—September 18, 2012
* Confirmation of committee appointments
Norris Batiste, III would fill the unexpired term of Robert Prados(deceased)on the Police
Department Community Advisory Committee. The term would commence September 25, 2012
and expire January 10, 2013. (Councilmember Gethrel Williams-Wright)
A) Approve a resolution authorizing the City Manager to execute an amendment to adopt a
renewal rate schedule to the agreement with B1ueCrossBlueShield of Texas to provide
third party administrative services
B) Approve a resolution authorizing the City Manager to accept the Event Center Area
Paving and Drainage Improvements Project for maintenance, and to approve a change
order
C) Approve a resolution authorizing the City Manager to execute an Interlocal Agreement
with Jefferson County Drainage District No. 6 for the Lucas SRL Relief Project
D) Approve a resolution authorizing the City Manager to execute all documents necessary to
accept funding from the Texas Department of Transportation related to the Safety Traffic
Enforcement Program
E) Approve a resolution accepting a payment and waiving interest related to paving liens
dated September 9, 1930 on properties described as 1105, 1115, 1117, and 1125 Ewing
F) Approve a resolution accepting a payment and waiving interest related to a paving lien
dated May 7, 1930 on property at 1245 Bolivar
G) Approve a resolution authorizing the City Manager to join with Jefferson County in
approving the Closing Documents for the 800 MHz Reconfiguration
H) Approve a resolution authorizing the City Manager to enter into an agreement
with the State Firemen's and Fire Marshal's Association concerning responsibilities
related to the Fire Museum of Texas
I) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically including a License Agreement, in order for the Beaumont Police Department
to continue to maintain a Police Substation at Parkdale Mall
J) Approve a resolution approving a memorandum of understanding between the Beaumont
Police Department and the United States Department of Justice,Drug Enforcement
Administration
K) Approve a resolution authorizing the City Manager to execute an agreement for the
placement of fiber optic cable in the public right-of-way
L) Approve a resolution appointing Wilmington Trust Retirement and Institutional Services
Company (WTRISC) as a passive-directed trustee of the Trust established in connection
with the City's 457 Deferred Compensation Plan and VantageCare Retirement Health
Savings Plan
RESOLUTION NO. 12-182
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Norris Batiste III is appointed to the Police Department Community Advisory
Committee to fill the unexpired term of Robert Prados. The term will commence September
25, 2012 and expire January 10, 2013.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lillie Babino, Human Resources Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to execute an amendment to adopt a renewal
rate schedule to the agreement with B1ueCrossBlueShield
of Texas to provide third party administrative services.
BACKGROUND
The City offers its full time employees a self-funded Dual Option Preferred Provider
Organization (PPO)medical plan and a self-funded dental plan There are 1456 participants
enrolled in the PPO plan, consisting of 1235 active employees, 217 retirees, and four(4)
COBRA participants.
In May 2012, City staff began analyzing the City's health care costs. In June 2012, staff worked
with Holmes Murphy & Associates, its Benefits Consultant, to determine if the City should
request bid proposals for its PPO, and dental plans or remain with the current administrator,
B1ueCrossBlueShield of texas (BCBSTX) for 2013. The City has the option to negotiate new
rates with BCBSTX without seeking bids. The current agreement with BCBSTX started January
1, 2011 and can be renewed for up to five years.
After analyzing and negotiating the BCBSTX renewal rates, it was determined that BCBSTX,
the incumbent carrier, offered the most cost effective plans with an extensive provider network
and deep provider discounts. Negotiations by Holmes Murphy& Associates with BCBSTX
resulted in the PPO plan administration fee renewal increase being 7 %. The PPO plan increase
was a function of increased utilization due to aging members, rising trend factors and increasing
provider payments. Renewal rates for the self-funded dental plan did not increase.
Page 2
Staff recommends implementation of the following rates to be paid by the City for PPO and
Dental administration effective January 1, 2013:
2012 Monthly PPO Stop Loss and 2013 Monthly PPO Stop
Administration Rates Loss and Administration
Rates
Employee Only $75.60 $80.55
Employee +l Dependent $117.68 $125.71
Employee +Family $117.68 $125.71
2012 Monthly Dental 2013 Monthly Dental
Administration Rates Administration Rates
Employee Only $5.66 $5.66
Employee +1 Dependent $5.66 $5.66
Employee +Family $5.66 $5.66
FUNDING SOURCE
Employee Benefits Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, on September 7, 2010, the City Council of the City of Beaumont,
Texas,passed Resolution No. 10-234 authorizing the City Manager to execute a three-year
agreement, with an option to extend for two additional years, with Blue Cross Blue Shield
of Texas (BCBSTX) for third party administration of the City's self-funded Dual Option
Preferred Provider Organization (PPO) medical plan and self-funded dental plan effective
January 1, 2011; and,
WHEREAS, on September 13, 2011, the City Council of the City of Beaumont,
Texas, passed Resolution No. 11-262 amending the agreement with Blue Cross Blue
Shield of Texas (BCBSTX) for third party administration of the City's self-funded Dual
Option Preferred Provider Organization (PPO) medical plan and self-funded dental plan
effective January 1, 2012; and,
WHEREAS, it is necessary to amend the agreement to adopt the renewable rate
schedule as shown below:
2012 Monthly PPO Stop Loss and 2013 Monthly PPO Stop
Administration Rates Loss and Administration Rates
Employee Onl $75.60 $80.55
Employee+1 Dependent $117.68 $125.71
m to ee+Family $117.68 1 $125.71
2012 Monthly Dental 2013 Monthly Dental
Administration Rates Administration Rates
m to ee Only $5.66 $5.66
m to ee+ 1 Dependent $5.66 $5.66
Employee+Family $5.66 1 $5.66
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 an amendment
to the agreement with Blue Cross Blue Shield of Texas (BCBSTX) to provide third party
administrative services effective January 1, 2013 to adopt a renewable rate schedule.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
B
RICH WITH OPPORTUNITY
BEAUMON*
T • _ • _ • A • 5 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to accept the Event Center Area Paving and Drainage
Improvements Project for maintenance, and to approve a
change order to the contract with CF Jordan Construction.
BACKGROUND
On June 29,2010,City Council awarded CF Jordan Construction the contract for the Event Center
Area Paving and Drainage Improvements Project. Change Order No. 4 in the amount of
$72,242.22 is recommended to adjust the estimated quantities to reflect the actual quantities used
during the performance of the project.
The project has been inspected by the Engineering Division and found to be complete in
accordance with the provisions and terms set out in the contract.
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of resolution.
CITY OF BEAUMONT
DATE: 17 SEPTEMBER 2012
PROJECT: EVENT CENTER AREA PAVING AND DRAINAGE(PHASE 2)
OWNER: CITY OF BEAUMONT
CONTRACTOR: CF JORDAN CONSTRUCTION
CHANGE ORDER NO.: 04(FINAL)
Adjust the Estimated Quantities to reflect the Actual Quantities used in the completion of the project:
ORIGINAL CONTRACT AMOUNT: $3,844,851.18
NET FROM PREVIOUS CHANGE ORDERS: $4,091111.01
TOTAL AMOUNT OF THIS CHANGE ORDER: $72,242.22
PERCENT OF THIS CHANGE ORDER: 1.88%
TOTAL PERCENT CHANGE ORDER TO DATE: 8.29%
NEW CONTRACT AMOUNT: $4,163,453.23
4ll+i �4 ?TkS I . 14T $ I0. 4NGLF
ACCEPTED BY: PREPARED BY:
BILL REES RAFAEL G.MIRANDA
C.F.JORDAN CONSTRUCTION PROJECT MANAGER
APPROVED BY:
DR.JOSEPH MAJDALANI,P.E.
CHIEF ENGINEER
PATRIC DONART,P.E. KYLE HAYES,CITY MANAGER
PUBLIC WORKS DIRECTOR
ATTESTED BY:
TINA BROUSSARD,CITY CLERK
CITY OF BEAUMONT
SCHEDULE C
SCHEDULE OF MBE PARTICIPATION
C.F.Jordan Construction,L.L.C.
VENDORNAME
CERTIFIED AfHE CONTRACTOR ADDRESS TYPE OF WORK AGREED PRICE
Pcc vie CG�nS� � c��s C �e CAS, 000
t-�V l-�G ' � 1�•'�-i�t�• L=t c,G,�—Y� ! Li 0.d C>L
�' 2e SIt1 . 351
(���b\•�� +�ni C,.Sq, 1 era _ I(.-
t
The undersigned will enter into a formal agreement with MBE contractors for wort:listed in this schedule conditioned upon execution of.a contract
With the City of Beaumont.
NOTE: 1. This schedule should be submitted with your bid. \
SIGNATURE Jay F.Nelson
Vice President
TITLE
RESOLUTION NO.
WHEREAS, on June 29, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-174 awarding a contract in the amount of$3,844,851.18 to C.
F. Jordan Construction, L.L.C., for the Event Center Area Paving and Drainage
Improvements Project; and,
WHEREAS, Change Order No. 1 in the amount of$156,279.43 was required for the
installation of new water mains and appurtenances,thereby increasing the contract amount
to $4,001,130.61; and,
WHEREAS, Change Order No. 2 in the amount of$87,556.40 was required to add
item quantities to the contract, thereby increasing the contract amount to $4,088,687.01;
and,
WHEREAS, Change Order No. 3 in the amount of$2,524.00 was required to add
item quantities to the contract, thereby increasing the contract amount to $4,091,211.01;
and,
WHEREAS, Change Order No. 4 in the amount of$72,242.22 is required to adjust
the estimated quantities during the performance of the project, thereby increasing the
contract amount to $4,163,453.23
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 Change Order
No. 4 in the amount of $72,242.22, thereby increasing the contract amount to
$4,0163,453.23; and,
BE IT FURTHER RESOLVED THAT the completed Event Center Area Paving and
Drainage Improvements Project be and the same is hereby accepted; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to make
final payment in the amount of$226,864.73 to C. F. Jordan Construction, L.L.C.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
C
RICH WITH OPPORTUNITY
BEAUMON*
T - E - X - A . B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
9.D.
PREPARED BY: Patrick Donart,Public Works Director
MEETING DATE: September 25,2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute an Interlocal Agreement with Jefferson County
Drainage District No. 6 for the Lucas SRL Relief Project.
BACKGROUND
Drainage District No. 6 is currently working on the Lucas SRL Relief Project in the north end of
the City. The District is installing box culverts on Abilene, Lucas, Luflcin, El Paso, Galveston,
Wilson,Dallas,Fillmore,Hayes,and Buffalo Streets. The Water Utilities Department is installing
new water and sanitary sewer lines to accommodate the installation of the boxes. Public Works
will be resurfacing the afore-mentioned streets to complete the work.
The City will invoice the District for one hundred percent(I W16)and be reimbursed for ninety
percent(90%)up to$475,000 for street repairs and$275,000 for utility adjustments.The City will
be responsible for the ten percent(10%) local share match.
FUNDING SOURCE
Capital Program and General Fund-Public Works.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute an Interlocal Agreement with
Jefferson County Drainage District No. 6 (DD #6) for the Lucas SRL Relief Project. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
INTERLOCAL AGREEMENT
Tim,CITY OF BEAUMONT
AND
JEFFERSON COUNTY DRAINAGE DISTRICT NO.6
(LUCAS SRL RELIEF PROJECT)
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This agreement is made by and between the City of Beaumont, a home rule City of the
State of Texas (hereinafter called "City") and Jefferson County Drainage District No. G, a
special district of the State of Texas (hereinafter called "District") under authority of the
Interlocal Cooperation Act, Chapter 791 of the Texas Government Code.
WHEREAS, the City and the District are working together to make improvements to the
City's drainage infrastructure in the north end of Beaumont, Jefferson County, Texas, in the area
of Abilene Street southerly to Buffalo Street, to include the installation of culverts, as well as
new sewer lines and water lines;
WHEREAS, the District is installing culverts, under Abilene, Lucas, Lufkin, El Paso,
Galveston, Wilson,Dallas, Fillmore,Hayes and Buffalo Streets;
WHEREAS, the City owns and maintains the afore-mentioned streets, and the City and
the District are desirous of reciting in writing, certain duties and obligations between the parties
hereto with regards to this culvert installation project;
THEREFORE,the City and the District agree as follows:
WITNESSETH
I. The District agrees to reimburse the City for ninety percent (90%) of their costs,
not to exceed $247,500.00, related to water and sewer line adjustments that will
be performed to allow for the culvert installations;
EXHIBIT "A"
'1
2. The District agrees to reimburse the City for ninety percent(90%) of the costs not 3
to exceed $427,500.00, for any street repairs related to storm sewer improvements
made by the District on Abilene, Lucas, Lufkin, El Paso, Galveston, Wilson,
Dallas, Fillmore, Hayes,and Buffalo Streets;
I The District will provide manpower and equipment to excavate for the water and
sewer line adjustments and installations. Upon completion of the utility
adjustments or installations, the District will backfill the excavation under the
City's direction;
1
4. The City will purchase and supply pipe and appurtenances for the utility ,
adjustments and installations. The City will supply manpower to make tie-ins and
help lay pipe;
5. The District will backfill the culverts, beside and above the culverts, as per
Attachment"A." The District will purchase and haul the necessary backfill;
6. The City will provide materials, manpower, and equipment to pave the road(s);
and
7. On a monthly basis or greater,at its convenience,the City will invoice the District
for one hundred percent (100%) of the costs of the repairs to date, up to
$475,000.00 for street repairs and $275,000.00 for utility adjustments. The
invoice will include all back-up documentation that justifies the invoice amount,
such as material invoices, equipment use costs, labor costs, and contractor
invoices. The District will then reimburse the City for ninety percent (90%) of
i
f
I
1
3
1
k
iNTERLOCAL AGREEMENT-Lucas SRL Relief Project
City of Beaumont and Jefferson County Drainage District No.6
Page 2
}
i
the total costs invoiced. The City will be responsible for the ten percent (10%)
local share match. The ten percent (10%) can be in-kind, or by purchase of
material. All documentation for expenses must be in a format accepted by the
Texas Water Development Board (TWDB) as the administrator of this grant for
FEMA. Any amount reimbursed to the City by the District and later disallowed
by TWDB/FEMA,or as a result audit will be the sole responsibility of:'the City.
EXECUTED this day of 52012.
i
I)
I
i
ATTEST: CITY OF BEAUMONT
By: By:
F
City Clerk City Manager E
E
ATTEST: JEFFERSON COUNTY
DRAINAGE DISTRICT NO. G
E
By;_ By:
William F. Miranda, Secretary Sam O. Smith, President
i
1
DC/pa/DD6
1NTERLOCAL AGREEMENT-Lucas SRL Relief Project
City of Beaumont and Jefferson County Drainage District No.6
Page 3
i
A T TA CHM.E`N T "A "
VARIES
EXISTING TO BE INSTALLED EXISTING
ASPHALT BY CITY. ASPHALT
CRUSHED LIMESTONE
s COMPACTED TO
r 16 ' .. :.•. ',: 95% PROCTOR
1'-0' FOR PIPE SEWER
42' DIAMETER AND LESS
I 2'-0' FOR PIPE SEWER
48' DIAMETER AND OVER,
—. —
1'-0' FOR BOX SEWER
PIPE LIMITS OF PAYMENT FOR
I CEMENT STABILIZED BACKFILL
OR 1 1/2 SACK
BOX
11 57—ROCK AS NEEDED
IN LIEU OF CEMENT
STABILIZED SAND
I
OPEN-CUT ASPHALT
BA CKF'ILL REQUIREMENTS
N.T.S, j
D
RICH WITH OPPORTUNITY
n1u*
BEAUMUIR
T • Z • X • A • 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute all documents necessary to accept funding from
the Texas Department of Transportation related to the
Safety Traffic Enforcement Program.
BACKGROUND
The Police Department has successfully applied for and the City Council approved several traffic
safety grants since 1999. This grant application will provide funding for a"FYI 3 S. T. E. P.
Waves"grant program which occurs between October 1, 2012 and September 30, 2013 and
would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes
which often result in loss of life or personal injury.
FUNDING SOURCE
City would receive grant funding in an amount not to exceed $17,532.44 from the Texas
Department of Transportation.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible to receive funding to assist in highway safety enforcement;
and,
WHEREAS, the City of Beaumont recognizes that the safety and security of the
motoring public is of paramount concern to the City; and,
WHEREAS, the City of Beaumont strives to enhance the safety of the motoring
public; and,
WHEREAS, grant funding through the Texas Department of Transportation would
assist in enhancing the safety of the motoring public and reducing motor vehicle crashes
which often result in loss of life or personal injury; and,
WHEREAS,traffic safety enforcement and encouragement of safe driving habits are
a significant goal of the Beaumont Police Department; and,
WHEREAS, the City of Beaumont has been notified by the Texas Department of
Transportation that it is eligible for federal reimbursement funding in an amount not to
exceed Seventeen Thousand Five Hundred Thirty-Two and 44/100 Dollars ($17,532.44)
pursuant to the project titled"FY13 Safety Traffic Enforcement Program(S.T.E.P.)Waves"
for occupant protection enforcement, education of the public and speeding enforcement;
and,
WHEREAS, the City of Beaumont has agreed to contribute Eighteen Thousand Four
Hundred Nine and 09/100 Dollars ($18,409.09) as its portion of the costs for the project
titled "FY13 Safety Traffic Enforcement Program (S.T.E.P.) Waves" which are for the
holidays Thanksgiving 2012, Valentine's Day 2013, Memorial Day 2013, and Labor Day
2013;
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 of the City of Beaumont be, and is hereby, authorized to
execute all documents necessary to accept the project"FY13 Safety Traffic Enforcement
Program (S.T.E.P.) Waves" and take such action as necessary to implement the project
which occurs between October 1, 2012 and September 30, 2013.
BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and
disburse the federal reimbursement grant funding in an amount not to exceed Seventeen
Thousand Five Hundred Thirty-Two and 44/100 Dollars ($17,532.44) and take such other
actions and execute such documents as may be necessary and appropriate to implement
the purpose and objectives of the "FY13 Safety Traffic Enforcement Program (S.T.E.P.)
Waves" project recognizing the City's contribution match of Eighteen Thousand Four
Hundred Nine and 09/100 Dollars ($18,409.09).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
11EAUMON
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 25, 2012
REQUESTED ACTION: Council consider approving a resolution accepting a
payment and waiving interest related to paving liens dated
September 9, 1930 on properties described as 1105, 1115,
1117, and 1125 Ewing or legally described as Lots 11 and
12 in Block 25 of the Jirou Addition.
BACKGROUND
Ms. Mary Safieh has requested that the paving lien charges in the total amount of$3,788.49 be
reduced or dismissed. The property was purchased in 1929 by Ms. Safieh's grandmother. The
property was found to have a clean title as of April 21, 1930 by a title company. These paving
liens were attached on September 9, 1930, following the examination. The lien was recently
found as part of a title search related to selling the property.
A payment of the principal amount due would be made in the amount of$569.20 and the interest
accrued since 1930 in the amount of$3,219.29 would be waived.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
Mary Safleh 3333 Allen Parkway #704,
Houston, TX 77019
PHONE 281 972 9226
Laura Clark,CFO
City of Beaumont
PO Box3827
Beaumont,TX 77704-3827
September 4,2012
Dear Ms Clark:
I recently sold a property at 1105,1115,1117 and 1125 Ewing all under the legal description of Lots it
and 12 in Block 25 of the Jirou Addition to the City of Beaumont,TX. I was informed that there was a
lien attached to the property in the amount of$3788.49,a paving lien from 1930.This property has
been in our family for many years. My grandmother purchased this property in 1929(see enclosed copy
of Abstract Title). Since the original purchase in 1929,this property has been inherited twice,once by
my mother,then by me. At no time were any of us ever informed that a lien existed.The abstract reads:
We hereby certify that we have made a thorough examination of the records of Deeds,
Mortgages,Judgments,Attachments,Federal,wens and of the Minutes of the Probate Court in the
office of the Clerk of the County Court of Jefferson County Texas;also of the Minutes of the District
Court in the Office of the perk of the District Court of Jefferson County Texas,in that we were unable
to find anything in the said records of affecting the title to the property described on the title page
hereof except as shown by the foregoing pages...
in order to sell the property I was required to pay the lien in full. At this point,since this is something
we had never been made aware of, I am requesting a reduction, hopefully even dismissal of the amount
so that I can be reimbursed. It was deducted from the total sale amount. I appreciate any assistance
you can lend.
Please feel free to contact me at my current number: 281972 9226.
Sincerely,
Mary Esther Salim Yantis(Safleh)
RESOLUTION NO.
WHEREAS, a paving lien dated September 9, 1930, in the amount of $3,788.49,
represented by $569.20 in principal and $3,219.29 in interest, exists against property
described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the
Jirou Addition; and,
WHEREAS, in 1929, Mary Safieh's grandmother purchased property described as
1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition,
and said paving lien was not discovered and cleared at that time; and,
WHEREAS, said paving lien was filed of record in the County Clerk's Office on
August 21, 1930; and,
WHEREAS, Mary Safieh and family are attempting to sell property described as
1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12 in Block 25 of the Jirou Addition
and the net balance of the pending sale will be greatly diminished by said lien; and
WHEREAS, the City recommends approving payment in the amount of$569.20 for
a paving lien on property described as 1105, 1115, 1117, and 1125 Ewing Street, Lots 11
and 12 in Block 25 of the Jirou Addition and waiving interest in the amount of$3,219.29;
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 lien payoff for 1105, 1115, 1117, and 1125 Ewing Street, Lots 11 and 12
in Block 25 of the Jirou Addition be and it is hereby approved in the amount of$569.20 and
interest be and it is hereby waived in the amount of$3,219.29.
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary to evidence the release of the pavement lien in the
amount of$3,788.49 for the above described property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
IIEA,,UMON*
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 25, 2012
REQUESTED ACTION: Council consider approving a resolution accepting a
payment and waiving interest related to a paving lien dated
May 7, 1930 on property at 1245 Bolivar, legally described
as Ogden W3/4L 3 B 26 Abstract 048600.
BACKGROUND
James A. Young has requested that the paving lien charges in the total amount of$864.86 be
dismissed. After speaking with Mr. Young, he offered to pay the principal amount due
($129.30) on a paving lien assessed against property that his uncle, Rodney Phills, purchased in
1970. The paving lien was not discovered at the time of purchase. The lien was recently found
as part of a title search related to selling the property.
The interest accrued since 1930 is $735.56 and would be waived.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
September 12, 2012
Laura Clark, CPA
Chief Financial Officer
P.O. Box 3827 Suite 320
Beaumont, TX 77704-3827
Ms. Laura Clark,
I am requesting to waive or dismiss the Paving Lien charges of
$864.86 on my property at 1245 Bolivar. This charge was assessed
back in 1930. My uncle, Rodney Phills, did not buy this house
until 1970. Someone let this lien slip by. So, if you would please
dismiss this charge, I would really appreciate it. This lien should
have been collected before my uncle purchased the house.
Sincerely,
James A. Young
clwk IL
RESOLUTION NO.
WHEREAS, a paving lien dated May 7, 1930, in the amount of$864.86, represented
by$129.30 in principal and $735.56 in interest, exists against property described as 1245
Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600; and,
WHEREAS, in 1970, James A. Young's uncle, Rodney Phills, purchased property
described as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600, and said paving
lien was not discovered and cleared at that time; and,
WHEREAS, James A. Young and family are attempting to sell property described
as 1245 Bolivar Street, Ogden W3/41- 3 B 26, Abstract 048600 and the net balance of the
pending sale will be greatly diminished by said lien; and
WHEREAS, the City recommends approving payment in the amount of$129.30 for
a paving lien on property described as 1245 Bolivar Street, Ogden W3/41- 3 B 26,Abstract
048600 and waiving interest in the amount of$735.56;
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 lien payoff for 1245 Bolivar Street, Ogden W3/41- 3 B 26,Abstract 048600
be and it is hereby approved in the amount of $129.30 and interest be and it is hereby
waived in the amount of$735.56.
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary to evidence the release of the pavement lien in the
amount of$864.86 for the above described property.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
G
RICH WITS OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to join with Jefferson County in approving
the Closing Documents for the 800 MHz Reconfiguration.
BACKGROUND
On August 6, 2004,the Federal Communications Commission("FCC") issued a report and order
to reconfigure the frequency allocations in the 800 MHz band("Reconfiguration"), including
frequency allocations on which the City of Beaumont, Jefferson County and Nextel are currently
authorized to operate.
On December 22, 2004,the FCC issued a Supplemental Order and Order on Reconsideration.
Pursuant to the Order,Nextel, The City of Beaumont and Jefferson County entered into a 800
MHz Frequency Reconfiguration Agreement, defining the Parties' respective obligations
regarding the Reconfiguration, including without limitation Nextel's obligation to pay for
reasonable costs incurred in effecting the Reconfiguration. City Council Resolution No. 08-061
passed on March 4, 2008 authorized the City Manager to execute the Frequency Reconfiguration
Agreement,
All work has been completed and verified. City Council Resolution No. 12-067 passed on
March 27,2012 authorized the City Manager to approve the System Acceptance for the 800
MHz Reconfiguration with Motorola. Sprint is now requesting that we sign their Closing
Documents to complete the project.
FUNDING SOURCE
Not applicable. Nextel is fully funding all necessary expenditures for the reconfiguration of
frequency allocations.
RECOMMENDATION
Approval of the resolution.
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 the necessary
documents to join with Jefferson County in approving the Closing Documents for the 800
MHz Reconfiguration.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
H
RICH WITH OPPORTUNITY
REAU'MON*
T • 2 • _ • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Anne Huff, Fire Chief
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider approving a resolution authorizing the City
Manager to enter into an updated agreement with the State
Firemen's and Fire Marshal's Association concerning
responsibilities related to the Fire Museum of Texas.
BACKGROUND
Since 1986, the City of Beaumont has partnered with the State Firemen's and Fire Marshal's
Association to operate the Fire Museum of Texas. The Fire Museum's mission includes teaching
fire and safety-related education programs and highlighting the history of the fire service. The
proposed agreement has been approved by the State Firemen's and Fire Marshal's Association
and the Fire Museum of Texas Board of Directors. The agreement will expire January 1, 2017.
FUNDING SOURCE
Currently, the salary of one employee assigned to the Fire Museum is funded through the City of
Beaumont General Fund.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement, effective
upon execution through January 1, 2017, with the State Firemen's and Fire Marshal's
Association to provide for long-term loan of property to the Fire Museum of Texas. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
WHEREAS, the City of Beaumont, Texas (herein "City"), and the State
Firemen's and Fire Marshals' Association(herein"Association") entered into an
agreement on the 4th day of January, 1986, concerning the establishment of the State Fire
Museum of the State of Texas in Beaumont, Texas, on an interim basis; and
WHEREAS, said State Fire Museum of the State of Texas has been successfully
operated by the City of Beaumont under the terms of such agreement since that time; and
WHEREAS, the Association and the City desire to designate the City of
Beaumont as the permanent location of the State Fire Museum of the State of Texas and
outline the understanding between the Association and the City;
TO THAT END, the parties hereto agree as follows:
WITNESSETH:
I.
The Association hereby designates City as the designated location of"The Fire Museum
of the State of Texas" (herein"Museum") or any reasonable variation of such name and
designates said Museum as the official location of the State Fire Museum of the State of
Texas as duly authorized and approved by the Association. Such Museum shall be
located at Fire Department Headquarters,400 Walnut Street, Beaumont, Jefferson
County, Texas. The name Fire Museum of Texas, Association Inc. was incorporated in
1992 and belongs to the 501(c)(3). It is owned and operated in accordance to all IRS rules
and regulations. The Fire Museum of Texas, Association Inc. partners with the City of
Beaumont under the direction of the Fire Chief to operate the Museum.
II.
The City, in accordance with the previous agreements between the parties dated in 1986,
1992 and 2007, accepted, housed,maintained and cared for the equipment and items
listed on Exhibit"A" attached hereto and made a part hereof for all purposes. The
Association herby agrees items be accessed and managed in accordance with the
collection policy of the Fire Museum of Texas. Future donations made to the Museum
will be accepted only in accordance with such accession and collection policy.
III.
City shall, at its sole cost and expense,provide for the routine preservation, maintenance,
repair, security, operation and upkeep of the Museum and the property contained therein.
All improvements, maintenance and repairs shall be performed in a thorough and
competent manner, consistent with standards prevailing for such work, and shall meet
with the approval of the Fire Chief.
EXHIBIT "A"
IV.
For purposes of managing and operating the Museum and the collection, City shall have
the right to solicit on behalf of the Museum contributions from persons, firms or
corporations, and governmental agencies other than the City. Any monies solicited by
City for those purposes shall belong to City and be used by City in the performance of its
obligations hereunder and otherwise insofar as such use is in connection with the
Museum and its collection and for no other purpose. Additionally, City may accept
donations from non-profit corporations and other such entities under
the same terms and conditions as those set out herein. Any money solicited or collected
by the Association for the Fire Museum will be awarded annually.
V.
Within sixty(60) days after January 1, 2012, and each year thereafter during the term of
this Agreement, City shall submit to Association an annual report covering the operation
of the Museum for the preceding calendar year ending December 31 st.
VI.
Subject to appropriation by the City Council of City, City shall, at its sole cost and
expense, furnish water, electricity, natural gas and sewer service to the Museum. The
Association, in keeping with the obligations of its non-profit charter, shall encourage its
membership to support the Museum financially. To that end,the Association may,but
shall not be obligated to,provide capital for the Museum as an allocated portion of the
Association's budget. Any such support received by City shall be used solely for the
performance of City's obligations under this Contract and otherwise only insofar as such
use is in connection with the Museum and its collection and for no other purpose.
VII.
As stated in the Fire Museum By-Laws, The Association agrees to appoint at least(3)
members,no more than (5) members to the Museum Board of Directors in an Advisory
capacity. These members shall be appointed from the membership of the State Firemen's
and Fire Marshal's Association of Texas by the President. These members will act as
Advisors only for the Museum Board. They agree to be advocates of the museum
mission,promote membership to the Fire Museum and help with fundraising efforts.
Members will attend quarterly meetings and act as liaisons between the Association and
the Fire Museum. Appointed members will negotiate a renewal agreement with the
Association Executive Board every five years with the City of Beaumont on behalf of the
Fire Museum of Texas Association, Inc. the 501(c)(3)who manages the daily operations
of the museum.
VIII
The term of this Contract shall commence on the date of execution of this Contract and
expire thereafter on January 1, 2017. At the termination of Agreement by the City or
SFFMA, the City agrees that it will,upon written request of the Association, immediately
return all SFFMA items, exhibits,properties, and equipment. At termination of
agreement,the Fire Museum agrees to discontinue use of the SFFMA name and logo to
endorse the Museum. The items listed in exhibit"A" accurately reflects SFFMA
property housed at the Fire Museum of Texas in Beaumont Texas. Items have been
determined to have been well taken care of and continue to be exhibited in the Museum
as part of the historical collection. The SFFMA reserves the right to negotiate the
relocation of any or all items in Exhibit A to be displayed at the SFFMA office in Austin.
Any such decision will be agreed upon with regard and respect of standard historical
accession and de-accessioning museum policies.
IX.
The Association agrees to promote the museum as the Official Fire Museum of Texas
through social media,printed material, websites and direct mail at no charge to the
museum as the opportunity presents itself at no charge to the museum. The Association
agrees to promote member visitation and support the Museum by allowing the Museum
to display material at the annual Association Conference without fees.
X.
The Museum will use the Association logo solely to advertise or promote the partnership
of the Association and the endorsement as the Official Fire Museum of Texas. Neither
party will benefit financially from the use of the logos.
XI.
The Museum agrees to perform general routine maintenance on the lighted sign in the
parking lot owned by the Association. The Museum does not assume responsibility for
the repair or removal of the sign should it receive damage due to weather or accident.
XII.
The Fire Museum of Texas and its collection are covered by the City of
self insurance policy. The City has a self-insured trust fund from which it pays all
liability claims. The City of Beaumont currently purchases insurance for real and
personal property. All real and personal property are protected by all risk type coverage
including flood. The City of Beaumont has a deductible of$100,000.
XIII.
The term of this contract shall commence the date of execution of this contract and expire
thereafter on January 1, 2017.
IN WITNESS HEREOF,the parties hereto have executed this contract in multiple copies,
each of which shall be deemed to be an original, on this the day of ,
20
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
STATE FIREMEN'S AND FIRE MARSHALS'
ASSOCIATION
By:
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared KYLE
HAYES, City Manager of the City of Beaumont, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A.D., 20
Notary Public in and for the State of Texas
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME,the undersigned authority, on this day personally
appeared of the
State Firemen's and Fire Marshals' Association,known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this_day of ,
A.D., 20
Notary Public in and for the State of Texas
EXHIBIT "A"
1856 Howe Hand Drawn Tub Pumper display area- 15t floor
1850 Hose Reel display area- 1 st floor
One Sign- Association logos sign in parking lot(originally two, one returned in 2010)
Wheel Fire Extinguisher unit—Soda-Acid next to sign in parking lot
Hose Reel Outside next to sign
Wheel Fire Extinguisher unit- CO2 display area—(Has two cylinders) 1 st floor
Wheel Fire Extinguisher unit - Dry display area- 15t floor
Powder Foam proportioner—white - 1 st floor
Red Podium State Room—Stored in attic above State Room
Two Flag Poles - American& Texas display area—2nd Floor attic over Stateroom
SFFMA Past Presidents - Photos State Room Black& White
Assorted Photos display areas & State Room(Note Henry Smith Collection went to
TEEX)
Reel to reel films (moved to storage bldg at training in 2010)
Asbestos suit(Not found, must have been deaccessed from collection prior to 2007 and
destroyed due to environmental issues)
Mannequin Fire Safety Activity Center- 2.a floor
This revised equipment list accurately reflects SFFMA property moved from Wichita
Falls to the Fire Museum of Texas in the City of Beaumont and housed here since
1986. Both parties agree this list is a copy from the 1986 original agreement. Should
the Fire Museum of Texas Association ever loose 501(c)(3)status or close its doors, the
items on this list will be returned to the SFFMA or another designated 501(c)(3)
approved by the SFFMA in accordance with IRS rules.
Museum Curator's Notes:Donors wishes on historical items originally donated to be
displayed in a museum setting should be treated delicately and with utmost respect if
items are ever relocated or removed from the Fire Museum of Texas.
Carol Gary Date
Executive Director, Fire Museum of Texas
Items Inspected October 2011 by David Wade on behalf of SFFMA
David Wade Date
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute all documents necessary, specifically including a
Licence Agreement, in order for the Beaumont Police
Department to continue to maintain a Police Substation at
Parkdale Mall.
BACKGROUND
The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately
seventeen (18)years. Attached is the proposed Agreement.
FUNDING SOURCE
The total fee is one dollar($1.00).
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS,
LLC, by CBL&Associates Management, Inc.,forthe Police Substation located at Parkdale
Mall. The agreement is substantially in the form attached hereto as Exhibit"A" and made
a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
t.iC'R.NCR.AC:Rt7RAaR.NT
Revised: 12/31/2009
Project ID# 100451
Deal Type: Inline Lease ID:
Unit H-848
Agmcmnt Tye: Renewal
THIS LICENSE is made this day of 2011,by and between PARKL?ALE
MALL CMBS.t`ir)CBL&Associates Management Inc.,its managing a agent,("Licensor')and Cily of
Plemtmnnt,a(n)Government incorporated in the state of-(,having offices at 225 Collegc Bea.soon.
TX 77701 Attu: Kyle HaXs.Phone: 409-880-3801.Fax:409-880-3844.("licensee").
It is understood and agreed that this Agreement is,and is intended to be a license,granting the
Licensee permission to engage in certain acts upon the licensors premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant licensee any permanent interest in
Licensor's premises,land,building or other malty whatsoever,,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tmant be implied or created by virtue of this
Agreement. The License granted by this Agreement may not be sold,assigned,transferred,mortgaged,
pledged or transferred by Licensee.
In consideration of the agreements set forth herein the parties agree:
1. Liccnv Arco,• Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately-MLsquare feet of floor srea,as identified on Exhibit A,
attached hereto and made a part hereof(License Ares'), in Padrdale Mall _ Beaumont TX. (The
"Shopping Center')located at 6155 Eaatex Freeway,Suite 200,Beaumont,TX 77706-6797(Payment
remittance address: PARKDALE MALI.ChW,LLC, P.O.Box 74942, Cleveland,OH 44194-
4942). Licensee shall have no right to use any other area of l icensor's premises,other than common
areas open to the general public.
2. Duration: licensee's rights under this Agreement shall commence on the earlier of (a)
10/1/2012 or(b)the day licensee opens(the"Commencement Date'),and shall end on 9430/2013(the
"Expiration Date'), unless the License referenced in this Agreement is revoked earlier by licensor.
Licensor shall not be liable to licensee in damages or otherwise for any delay in the Commencement
Date,regardless of cause.
"Licensor or Licensee may revoke this License Agreement at any time,with or without cause,
and with sixty(60)days advance written notice.
3. Ilia: The license Area shall be occupied,and used by the Licensee as approved by mall
management solely for the purpose of use of premises ($pace H-Sd81 as a RWk& ftwtment
substation for shift change.upon writing,pbo_ne work,etc. The pmmJws ahaf!no*be used as a
JW and for no other purpose whatsoever.
Licensee shall store and/or stock in the License Area only such merchandise as Licensee is
permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate
applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
4. D/B/A:Licensee shall occupy and use the license Area under the trade name of City of
Beaumont which shall not be changed without Licensor's prior written consent.
5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or
such other location as Licensor may specify,by certified check or money order on or before the start
date of this agteemen`and on the first day of each month thereafter,
Una Start Date End Date L'cc Total Fee
(t)Minimum Fee(s): H-848 10/1/2012 10/1/2012 $1.00 $1.00
In addition to the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees
in accordance with the schedule set forth below:
Ileac' lion gsc Frcyuen Start Date End_ we
Additinnal
1
EXHIBIT "A"
6. spilt; licensee deposits herewith the sum of$0.00 elue upm licensee e_nc�tion
unlr.a otbe_rwise noted (Wot O as a dunage deposit which shall be applied towards fees and other
charges due under this Agreement and as a surety for the performance by Licensee of the terms of this
License under which Licensee may be in default or for any sum which Licensor may expend by reason
of Uoensee's default in respect of any of the teams of this License including any damages which may
result to the License Area. Within thirty(30)days after the expiration of the term of this License there
shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of
the aforesaid sum. In the event this License is terminated, the damage deposit will be returned to
Licensee after deducting any sums due Licensor.
hereby trees to par Ueenser$490.99 per day as hilttidoed dansages.and not its a penaltr,far Wky Peris
si neneemplsanee-
ace's samma-of d=Iicc=
The "Grenal_91—P "MAMA 4A"110"M niee()f so Memahmadise Aftlel AV&I'VeFeA'it a#
all
State Of
.t_�r_�:___�_Na P,P�__w_r:_.t_T S_____ •� _L_�L______O____L_J_..:_Lp_J]_aL_T L_.__ •�_
an_d at__a._n s_T:_____ e___
books mad records shall be subjeet to estftainatien AM sse&by Lieensev. M there is a defieieney in dte
9. Relocation:Licensor reserves the sight to move,relocate,adjust or substitute the License Area,
in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be
least disruptive to Licensee's business operations.
10. Revoeadon:The License granted by virtue of this Agreement may be revoked by Licensor,in
Licensor's sole discretion for any reason, including, but not limited to the Specific Grounds for
Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four (24) hours notice to
Licensee. licensee shall not be entided to reimbursement or compensation for any purported damages
or losses sustained as the result of any such revocation by Licensor,
11. Ins-rance: lAeerAee shall,At its M east and expeme,pteetwe And eentinve in form,(Ittring 69--
Area: &tteh inmeAnee shall he sin* litait ee at ef net less than One MAi
ametint. A"imaranee pakeies required beremmitt shall name Licensor,and my designees ef Ueenset;
eeeapmey of the Licensee wjll provide"Self Iasund"letter to Licensor.
41 IndowitZ Swing an the date Weemee fine uses at eeempies the 6eense Agee;Ueemee shall
indemnify An&h*W LieerAet its parents,sabsidissies And-iffidiates harmless from wA Against all elaims
*etiens, liefts, tiemands, expenses mid 'udgments for less, damage, or injury te preperty -2 regsen i
including aA easts,empenses,and attorney fees.
13. Liability of Licensor, Licensor shall not be responsible or liable for, and Licensee hereby
expressly waives,an claims against Licensor for injury to persons or damage to Licensee's property on the
License Area,regardless of the cause. Licensee's property in the License Area or the Shopping Cesar
shall be there at Licensee's sole risk. Licensor,its agents,and employees shall not be liable for,and
Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property
2
sustained by Licenser or any person claiming by,through or under.Licerme resulting from any accident
or occurrence in, on,or about the license Area or any other part of the Shopping Center,including,
without limitation, claims for loss, theft, or damage resulting from rn equipment or appurtenances
becoming out of repair,(H)injury done or occasioned by wind or weather,(tit)any defect in or failure to
operate,for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric wiring or the
installation thereof;gas,water,or steam pipes,stairs,porches,railings,or walks;(rv)broken glass;(v)the
backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub,
washstand,water closet,waste pipe,drain,or other pipe;(vir)the escape of steam or water,(viii)water,
snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or any other place upon or near the Shopping Center,(ix)the falling of any fixture,plaster,tile,stucco,or
other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of
the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xr)any
other cause of any nature. To the maximum extent permitted by law,licensee agrees to use and occupy
the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at Licensee's own ask.
14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terns,
conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United States or any State,a petition(i)in bankruptcy,(H)
alleging insolvency, (iii) reorganization, (tv) appointment of a receiver, (v) any arrangement of the
bankruptcy acts,or a similar type of proceeding;or,(c)Licensee fails to pay,when due,any payment
required hereunder,or(d)Licensee abandons or vacates the License Area;or(e)in the event of any other
default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at
its option(1)have the right to immediately revoke and terminate this License,and upon demand licensee
agrees to immediately surrender possession of the License Area to the Licensor,(2)make demand for
immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re-
enter the License Area and remove all persons and/or any property therefrom,by any suitable action or
proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licenser's rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect
to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial
by jury and the right to W noncompulsory countersuit or crossclaim against Licensor.
15. Upon service of the notice required by above Paragraph 10,
Licensee shall: (a)remove all of Licensee's property,including,but not limited to inventory and trade
fixtures from Licensoes premises within the time period set forth in the notice; (b)upon demand of
Licensor,pay all current and future charges due under this Agreement(c)reimburse licensor for all
reasonable attorney fees and court costs incurred as the result of Licensor enforcing its rights under this
Agreement. L icensor's rights and remedies under this Agreement are cumulative and Licensoes failure to
assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. 3 AMAgL This License shall be revoked automatically if any portion of the license Area
is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other peril.
17. Liab� There shall be no personal liability of Licensor with respect to this License. If
a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center
for the satisfaction of Licensee's remedies.
18. Provisions: licensor is or may be a party to certain documents,as amended from time to
time,with a mortgagee or beneficiary of Licensor,department stores,mall tenants, and others. This
License is subject and subordinate to all the provisions in those documents,as amended from time to time.
19. Terms ofAAorr merit This License contains all the covenants, promises, agreements,
conditions, and understandings between Licensor and Licensee. There are no other, either oral or
written,between them other than those set forth in this license.
20, nn rqt Wiration: Upon the Expiration Date of this Agreement,Licensee shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent(125 1/6)of the total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as one-thirtieth(1/30)of the total monthly amount. Licensee shall
also reimburse Licensor for any court costs and reasonable attorney fees incurred as the result of
Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liability of Licensor, The term "Licensor" means only the owner or mortgagee in
possession for the time being of the building in which the license Area is located or the owner of a
leasehold interest in said building and/or the land thereunder so that in the event of sale of said building
and/or an assignment of this License by Licensor,and/or a demise of said building and/or the land,
Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it
shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or
3
lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor(nor
l icensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement;in
the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely
to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto, it is specifically understood and agreed that l icensor's rights,privileges,
duties, and obligations may be administered by l icensor's designee, including, but not limited to,
licensor's agent,and that such designee shall have the full authority of Licensor hereunder to perform all
of Lfeensor's functions hereunder including,but not limited to,the execution of this License and any
other related documentation.
22. Non-Waiver Provision: The failure of Licensor to insist upon performance of any
of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms,
conditions,and covenants herein contained.
23. IffiNiliing&gmcnvmL This Agreement may not be modified in any manner other than by a
written agreement signed by licensee and Licensor,or any successor,designee,or assignee of Licensor.
The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding upon
Licensee and Licensor,or any successor,designee or assignee of Licensor.
24. Design Rtquimmac= All costs and expenses (including permits or licenses)
attributable to the construction of the License Area by Licensee shall be home by Licensee, Licensee
shall not commence construction of the License Area without first obtaining l icensor's approval of the
location and design,nor prior to the execution of this license. Design criteria for the construction of the
License Area are:
L The kiosk/pushcart structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants,licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48"in height.
b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into
the floor or other part of the Shopping Center structure. An area width of no less than
twelve feet (=' minimum shall be maintained on all sides of the kiosk/pushcart
subject to traffic flow.
C. Water service and special HVAC Systems are not available. Heating,venting,and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
d. Design criteria for all signs to be utilized at the license Area, kiosk/pushcart size,
construction,finish materials,and special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licersor's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
e. Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall
apply for all necessary permits. l icensor's approval of Licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
License,nor does it relieve Licensee from complying with laws,rules,regulations,and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor,all subcontractors and material men shall be filed with
Licensor upon completion of work.
f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is
not open for business,unless Licensor has agreed otherwise in writing. For in-line
space,set up may take place during mall hours,as long as it does not interfere in any
manner,including noise or dust,with mall business and the comfort of the patrons. A
black drape or equivalent,provided by Licensee,must be covering the entire storefront,
as to keep the interior design concealed until ready for business.
25. Pesmits:If there are any licenses,authorizations,or permits required by any governmental agency
or authority for the type of activity to be carried on at or for the use of the License Area,Licensee shall be
responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area.
The consumption or sale of alcoholic beverages on or from she License Area shall not be permitted.
26. VisuslMerehandisi= licensee shall comply with the visual merchandising standards of
Licensor. Licensee understands and agrees to implement visual merchandising recommendations of
Licensor and change visual merchandising presentation as requested by Licensor.
4
27. •Licensee shall observe A Operating Rules for the Shopping Center
and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not
limited to:
a. Licensee shall use and occupy the license Area in a careful,safe and proper
manner and shall keep the License Area in a clean and safe condition in accordance
with this license,local ordinances,and the directions of public officers.
b. All signor located in and upon the License Area shall be approved by
Licensor prior to installation or placement All signs,placards,banners,pennants,
or other advertising matter shall be prepared in a professional manner and in no
event shall be handwritten. Licensee shall display an approved sign depicting its
approved trade name.
Sign Criteria: Signs are to be fumished and installed by Licensee and
approved by an agent for Licensor. Licensee's sign contractor
or architect must submit it black and white rendering(specifying
PMS colors)of Licensee's sign prior to approval. Licensee's
sign shall be located within the limits of Licensee's storefront
and shall not project more than B"beyond the storefront if the
Shopping Center is an enclosed mall, and not more than 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
Mans:
Up to 30'storefront: Capitals 18"
Lower Case 12"
30'-1"and greater. Capitals 24"
Lower Case 18"
Strip Centers:
Up to 30'storefront. Capitals 24"
Lower Case 18"
30-1"and greater. Capitals 30"
Lower Case 24"
The length of Licensee's sign shall be limited to 70% of Licensee's
storefront.
C. Licensee shall not display merchandise on or outside the boundaries of the
kiosk/pushcart structure. The outside areas immediately adjoining the license Area
shall be kept dear at all times by Licensee,and Licensee shall not place nor permit
any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
d. All loading and unloading of goods shall be done only at such times,in the
areas,and through the entrances designated for that purpose by Licensor.
C. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of removal of any of Licensee's refuse and
garbage,and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash compactor Licensor provides for the
general use of licensee or licensees in a designated area of the Shopping Center.
Notwithstanding the foregoing provision,if Licensee qualifies as a generator of
medical waste,then Licensee shall be solely responsible for causing compliance
with all federal, state and local laws,whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies),and shall hold licensor harmless for licensee's
noncompliance or violations thereof. For purposes hereof,"medical waste"means
any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining thereto, or in the production or testing of biologicals.
"Generator" means any person or entity whose act or process produces medical
waste as hereinbefore defined.
f No loudspeakers,televisions,phonographs,cd players,DVD players,cassette
players,radios,flashing lights,or other devices shall be used in a manner so as to be
heard or seen outside of the License Area. No electronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
interfere with the use and enjoyment of electronic or communication devices of
other occupants of the Shopping Center or of the neighborhood in which the
Shopping Center is located.
5
g. Licensee shall not conduct or permit any fire, bankruptcy, relocation,
liquidation,retirement,moving,auction,or"going out of business" sale (whether
real or fictitious)in the license Area,or utilize any unethical method of business
operation. Licensee shall not use the License Area as a clearance, outlet or
wholesale center.
h. Licensee shall not carry on any trade or occupation or operate any instrument
or equipment, which emits an odor or causes a noise discernible outside of the
License Area.
I. Licensee shall not distribute any handbills or other advertising matter in the
Shopping Center or.on automobiles parked in the parking areas of the Shopping
Center.
j. Licensee and Licensee's employees shall not park their can in those portions
of the parking area designated for customer parking by licensor. If Licensee or
licensee's employees'parr in portions of the parking area designated for customer
parking,Licensor may,in addition to its other remedies,have such cars removed at
licensee's expense.
k. Licensee and Licensee's employees shall maintain a neat and appropriate
appearance and dress,and are expected to operate in a dignified,ethical,manner.
1. Licensee shall display its customer sales return policy.
m. Licensee shall not permit loitering at the license Area.
n. licensee shall furnish Licensor with emergency telephone numbers and a
forwarding address.
o. Due to the lack of on-site storage facilities,acquisition of outside storage shall
be Licensee's responsibility.
P. Licensee shall be solely responsible for policing its location against theft,loss,
or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft,loss,or damage.
28. Conduct: licensee shall at all times during its occupancy of the license Area
provide sufficient supervision and maintain adequate control of its employees,guests,and invitees.
29. Removal; Licensee shall at the Expiration Date or earlier revocation of this
License remove its goods and effects,repair any damage caused by such removal,and peaceably yield up
the License Area clean and in good order, repair, and condition. Personal property of Licensee not
removed within two(2)days of such Expiration Date or eadier revocation shall become the property of
Licensor,at Licensor's option without liability to licensee therefore.
30. Conduct andAherationa: Licensee shall not harm the License Area,commit waste,
create nuisance,make any use of the license Area which is offensive in Licensor's sole opinion,nor do
any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or
additions to the license Area,not permit the making of holes in the walls,partitions,tidings,or floors,nor
permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants,
awnings, aerials, antennas,or the like in or on the License Area,without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not
violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
31. Condition of License Area: Licensee has inspected the License Arcs,and accepts it"as
is" with no representation or warranty by Licensor regarding the condition of the license Area or its
suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area
unless the obligation is set forth in this license.
32. Hours of Operation: The License Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire License Area continuously and
uninterruptedly while this License is in effect,and in a first class manner.
33. Licensee shall not cause or permit any hazardous material to be
brought upon,stored,kept,used,or discharged on or about the License Area
34. Access to License Area Licensor may enter the License Area at any time.
35. Condition of license Area: Licensee shall maintain, at its sole cost and expense, the
license Area in good condition and make all necessary replacements and repairs to the License Area except
6
for structural repairs. In addition to all other remedies of Licensor,if Licensee does not complete its
obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion,
determines that emergency repairs are necessary,or repairs or replacement of any portion of the License
Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its
agents,employees,contractors,or assignees,then in any such event,Licensor may make such repairs,
maintenance,or replacements without liability to Licensee for any loss or damage that may accrue to
Licensee,its merchandise,fixtures,or other property,or to L.icenme's business by reason of such repair,
maintenance,or replacement. Upon completion of any such repair,maintenance,or replacement Licensee
shall pay upon demand, as additional fees,L.icensor's costs for making such repairs,maintenance,or
replacements together with L icensor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair,maintenance,or replacement Furthermore,Licensee shall immediately
notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the
License Area
37. rTWrohibited Transaction Remegentation: Licensee hereby represents and warrants
to Licensor that Licensee is not,and shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control {OFAC') of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September
24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit,
Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS VVFIEREOF,the parties have executed this Agreement on the day and year first above
written,each acknowledging receipt of an executed copy hereof.
LICENSOR
PARKDALE MALL CMBS,LLC by LDL&
Associates Man2gcment.Inc„m�na�n�q
Bey:
Print Name: Kurt Lundg=
Its:Authorized Signato rc
Date:
LICENSEE:
.City of Beaumont
74-W000278
By.
Print Name: Kyle Haves
Its:
Date:
7
J
RICH WITH OPPORTUNITY
Bliu
EA,UMU
T • _ • z • A • 6 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James Singletary, Chief of Police
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution approving a memorandum of
understanding between the Beaumont Police Department
and the United States Department of Justice, Drug
Enforcement Administration(DEA).
BACKGROUND
The Police Department and the DEA have entered into a Memorandum of Understanding for
several years. This MOU assigns a Police Department Narcotics Investigator to the local
Beaumont Residential Office of the Drug Enforcement Administration to serve as a Task Force
Officer.
The Task Force Officer acts as a liaison to coordinate resources and efforts between local law
enforcement agencies and the DEA. The Task Force Officer is responsible for initiating and
conducting complex narcotic related investigations, along with follow-up investigations of drug
related arrests made by Beaumont patrol officers and detectives. The Task Force Officer prepares
and presents cases to the United States Attorney's Office for prosecution.
The Task Force Officer is also responsible for the seizure of property and currency which benefits
the City of Beaumont.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute a Provisional State and Local Task
Force Agreement with the United States Department of Justice, Drug Enforcement
Administration (DEA) for the assignment of a City of Beaumont Police Department
Narcotics Investigator to the local Beaumont Residential Office of the Drug Enforcement
Administration to serve as a Task Force Officer. The agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
PROVISIONAL STATE AND LOCAL TASK FORCE AGREEMENT
This agreement is made this 1 st day of October, 2012 between the United States Department of
Justice, Drug Enforcement Administration(hereinafter"DEA"), and the Beaumont Police
Department(hereinafter"BPD"). The DEA is authorized to enter into this cooperative
agreement concerning the use and abuse of controlled substances under the provisions of 21
U.S.C.§ 873.
WHEREAS there is evidence that trafficking in narcotics and dangerous drugs exists in the
Southeast Texas area and that such illegal activity has a substantial and detrimental effect on the
health and general welfare of the people of,the parties hereto agree to the following:
1. The Beaumont Provisional Task Force will perform the activities and duties described
below:
a. disrupt the illicit drug traffic in the area by immobilizing targeted violators
and trafficking organizations.
b. gather and report intelligence data relating to trafficking in narcotics and
dangerous drugs; and
c. conduct undercover operations where appropriate and engage in other
traditional methods of investigation in order that the Task Force's activities
will result in effective prosecution before the courts of the United States and
the State of Texas.
2. To accomplish the objectives of the Beaumont Provisional Task Force,the BPD agrees to
detail one (1) experienced officer to the Beaumont Provisional Task Force for a period of
not less than two years. During this period of assignment, the BPD officer will be under
the direct supervision and control of DEA supervision and control of DEA supervisory
personnel assigned to the Task Force.
3. The BPD officer assigned to the Task Force shall adhere to DEA policies and procedures.
Failure to adhere to DEA policies and procedures shall be grounds for dismissal from the
Task Force.
4. The BPD officer assigned to the Task Force shall be deputized as Task Force Officers of
DEA pursuant to 21 U.S.C. Section 878.
5. To accomplish the objective of the Beaumont Provisional Task Force, DEA will assign
three (3) Special Agents to the Task Force. DEA will also, subject to the availability of
annually appropriated funds or any continuing resolution thereof, provide necessary
funds and equipment to support the activities of the DEA Special Agents and officers
assigned to the Task Force. This support will include: office space, office supplies,
travel funds, funds for the purchase of evidence and information, investigative
equipment,training, and other support items.
1
EXHIBIT "A"
6. The BPD shall comply with Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973,the Age Discrimination Act of 1975, as amended, and all
requirements imposed by or pursuant to the regulations of the United States Department
of Justice implementing those laws, 28 C.F.R. Part 42, Subparts C, F, G, H and I.
7. The term of this agreement shall be effective from the date in paragraph number one until
September 30, 2013. This agreement may be terminated by either party on thirty days'
advance written notice. Billing for all outstanding obligations must be received by DEA
within 90 days of the date of termination of this agreement. DEA will be responsible
only for obligations incurred by BPD during the term of this agreement.
For the Drug Enforcement Administration:
Date:
Javier F. Pena
Special Agent in Charge
For the City of Beaumont
Date:
Mr. Kyle Hayes
City Manager
2
K
RICK WITH OPPORTUNITY
BEAUM�ON*
T • 11 • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart,'Public Works Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution authorizing the City Manager
to execute an agreement with Caliber Solutions for the
placement of fiber optic cable in the public right-of-way.
BACKGROUND
Caliber Solutions would like to install 60 linear feet of fiber optic cable in the public right-of-way
on Lafin Road. Caliber Solutions will pay the City of Beaumont an application fee of$500, an
inspection fee of$500, and annually pay$1.75 per linear foot.
FUNDING SOURCE
None.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement with
Caliber Solutions, of Beaumont, Texas, for the placement of 60 linear feet of fiber optic
cable in the public right-of-way on Lafin Road for an initial application fee of $500, an
inspection fee of $500 and an annual fee of $1.75 per linear foot. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Caliber Solutions desires to use certain public right-of-way within the City of
Beaumont for the purposes set forth below; and,
WHEREAS, it is the position of the City of Beaumont that Caliber Solutions must obtain a
license in order to use the public right-of-way; and,
WHEREAS,the City Council of the City of Beaumont has determined that it is appropriate
to make the following agreement with Caliber Solutions; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City"for and in consideration of the receipt of
good and valuable consideration,as set out more fully herein,hereby agrees with Caliber Solutions
that Caliber Solutions may lay, maintain, operate, replace or remove a fiber optic communication
system (the "system") for the transportation of communications in, on, under or across the streets,
alleyways and easements set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson
County, Texas, as more specifically set out herein and subject to the following conditions:
(a) The system shall be installed in such a manner as has been approved by the
City Engineer and/or the Texas Department of Transportation,if applicable,
so that the finished installation shall, in no way,interfere with the use of the
public streets and alleys by the public. Permits shall be obtained by Caliber
Solutions or Caliber Solutions contractor from the Public Works Department
of the City prior to any installation, maintenance or removal requiring
excavation.
1
EXHIBIT "A"
(b) The system shall be buried at a depth of no less than thirty(30)inches unless
otherwise authorized by the City Engineer and/or the Texas Department of
Transportation, if applicable. The system is to be installed a minimum of
thirty-six inches (36") below the existing flow line of the adjacent drainage
ditch,when crossing or placed in said ditch.Caliber Solutions will notify the
Public Works Department of the City of Beaumont prior to installation of the
system under this agreement, and shall obtain City permits at a cost not to
exceed a one-time charge of Ten Dollars($10)plus Five Dollars($5)for each
day of construction.
(c) The installation and operation of the system shall not interfere with the
natural drainage in that area nor with the drainage system of the City, nor
with sanitary sewer lines, water lines, or other facilities.
(d) The system shall be installed in such a manner as to provide a twelve (12)
inch vertical clearance and a thirty-six (36) inch horizontal clearance with
existing water or sanitary sewer lines.
All excavations within the right-of-way shall be backfilled in accordance with City
Standards. All surplus material shall be removed from the right-of-way.
(f) Excavations necessary for the installation, repair or maintenance of the
system shall be performed in such a manner as will cause the least
inconvenience to the public and Caliber Solutions shall promptly restore to
as good a condition as before and to the reasonable satisfaction of the City
Engineer and/or the Texas Department of Transportation,all streets,alleys,or
easements, excavated by it.
(g) The system will be installed in accordance with the drawings approved by the
City and to the specifications which set out the specific location, depth,
method of construction, etc., of the installation.
(h) Construction along roadways shall be performed in such a manner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original condition
or better. The cost of any repairs to road surface,roadbed,structures or other
right-of-way features as a result of this installation will be borne by the owner
of the system.
(i) Any installation which takes place in, on, under, above, or across property
which is not owned by the City or not a City easement or right-of-way shall
require additional permission by the owner(s) of the property involved.
Approval of this license agreement excludes permission to do any installation
2
on property which is not owned by the City of Beaumont.
(j) Barricades,warning signs,lights,and flagmen will be provided and installed
in accordance with the Texas Manual of Uniform Traffic Control Devices
(current edition)by Caliber Solutions contractor when,in the opinion of the
City Engineers, such is necessary for the safe installation of the system.
Caliber Solutions or its contractor will provide supervision of the work which
is knowledgeable in the standards referred to above. Nothing herein is to be
construed as prohibiting the use by Caliber Solutions or its contractor of
additional barricades,warning signs and lights or flagmen as be necessary. In
the event Caliber Solutions or its contractor does not comply with the
barricading standards,the City Engineer may order Caliber Solutions and its
contractor to stop work; but only until compliance is achieved.
(k) City reserves the right to lay and to permit to be laid sewer, gas, water and
other pipes and cables, and to do or permit to be done any municipal
underground work that may be deemed to be necessary or proper by City in,
across,along,or under any of the streets,alleys and easements,and to change
any curb or sidewalk or the grade of any of said streets. In doing or
permitting any such work,the City of Beaumont shall not be liable to Caliber
Solutions for any damage occasioned;it being understood that nothing herein
shall be construed as foreclosing Caliber Solutions rights to recover damages
against any contractor or third party who may be responsible for damages to
Caliber Solutions facilities.
(1) If the City requires Caliber Solutions to remove, alter, change, adapt, or
conform its facilities because of changes in the grade of a street or in the
location or manner of constructing a water pipe, sewer pipe, or other
underground or aboveground structure owned by the City, on alternative
right-of-way provided by the City, Caliber Solutions shall make the
alterations or changes as soon as practicable when ordered in writing by the
City, without claim for reimbursement or damages against the City at no
additional charge to Caliber Solutions. If these requirements impose a
financial hardship on Caliber Solutions,Caliber Solutions shall have the right
to present alternative proposals for the City's consideration. If the City
requires Caliber Solutions to remove, alter, change, adapt or conform its
facilities to enable any other corporation or person,except the City,to use,or
to use with greater convenience, any public right-of-way, Caliber Solutions
shall not be required to make any such changes until such other corporation
or person shall have undertaken, with solvent bond, to reimburse Caliber
Solutions for any loss and expense which will be caused by or arise out of
such removal, alteration, change, adaptation or conformance of Caliber
Solutions facilities;provided,however,the City shall never be liable for such
3
reimbursements.
(m) Caliber Solutions shall indemnify, save and hold harmless the City of
Beaumont from any and all claims for injuries and damages to persons or
property occasioned by or arising out of the installation, maintenance,
operation,repair or removal of the system by Caliber Solutions,except to the
extent arising from the sole negligence, or wanton conduct or gross
negligence of the City of Beaumont, its employees or agents. Neither party
shall be liable to the other for any consequential, special,or indirect damage
hereunder.
(n) If the system or any part thereof installed by Caliber Solutions shall be in any
respect damaged or injured by the City or any public entity in connection with
any construction or maintenance of any public facility,Caliber Solutions shall
not be entitled to prosecute or maintain a claim against the City or such
public agency unless such damage is occasioned by the City or such public
agencies wanton conduct or gross negligence. However,nothing contained in
this paragraph shall prevent Caliber Solutions from prosecuting or
maintaining a claim against a private contractor employed by the City or such
entity.
(o) Recovery by Caliber Solutions for damages that occur to Caliber Solutions
facilities, as a result of an adjoining residential homeowner's attempt to
construct improvements to his frontage shall be limited to actual damages
only and no loss of revenue as damages. Any additional cost shall be borne
by Caliber Solutions.
(p) The system shall be maintained and operated in such a manner as to cause no
damage to public facilities. Damage to public facilities occasioned by such
maintenance and operation shall be at Caliber Solutions expense. Such
damages shall be limited to actual damages and no loss of revenue damages.
(q) Caliber Solutions contractors shall furnish the City with a certificate of
insurance issued by an insurer acceptable to the City showing that the
permittee has in force, and will maintain in force during the construction of
the system, liability insurance of not less than $1,000,000 for any one
accident and property damage insurance of not less than $1,000,000, or to
applicable City insurance requirements, at the time of such construction.
Such insurance shall be maintained in force during the life of the project and
no modifications or change of insurance coverage and provisions shall be
made without ten(10)days written advance notice to the City.
4
(r) Caliber Solutions shall make payment to the City of Beaumont as follows:
• initial agreement fee of$500,payable upon execution of this
agreement;
• annual fee of$1.75 per linear foot in the City right-of-way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
good faith on a new rate on or before January 1, 2014, to
become effective January 1, 2015, and shall confer and
negotiate on a new rate in the 2020 and every ten(10)years
thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of$500.00, payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Caliber Solutions (except as provided in
Paragraph k) shall be reimbursed to the City by Caliber Solutions upon
written request therefore, which shall include evidence of such costs.
(t) Caliber Solutions agrees that it shall mark the location of its system within
forty-eight (48)hours after receipt of notification of proposed construction.
Caliber Solutions maintains a toll-free telephone number to be called for
location of the system. Should Caliber Solutions fail to locate the system for
the City within forty-eight(48)hours of request duly acknowledged,Caliber
Solutions shall pay a late charge of Five Hundred Dollars($500)per day. In
the event of a dispute concerning notice, Caliber Solutions audio tape of
telephone messages shall provide proof of notification, which tapes will be
made available upon request. Alternatively,notice may be shown by delivery
of a certified letter to Caliber Solutions.
(u) Caliber Solutions, at no cost to the City, shall keep in the City and make
available upon request, complete "as built" drawings clearly showing
locations and depth of all facilities. Such drawings shall be provided to the
City within sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Caliber Solutions to any other
company or legal entity without the prior written approval by the City of
Beaumont's Public Works Direct or,except that Caliber Solutions may assign
its rights and obligations under this agreement to Caliber Solution's parent,
subsidiary, affiliate or successor entity without such consent, so long as the
parent,subsidiary,affiliate or successor(1)assumes all obligations of Caliber
Solutions under this agreement; and (2) is bound to the same extent as
5
Caliber Solutions, and(3)the City is notified of the assignment within sixty
(60) days and is furnished a written document within which the assignee
assumes all obligations under this license.
(w) Should any other company or legal entity, other than Caliber Solutions or
Caliber Solution's parent, subsidiary,affiliate or successor as authorized in
section (v), use the system installed under this agreement under the rights
granted herein without notification of the City of Beaumont's Public Works
Director,such use shall be a violation of this agreement and Caliber Solutions
will cease all use of the system and the City may take steps necessary to
enforce a cancellation of this agreement,including removal of some portion
or all of the system upon thirty(30)days written notice to Caliber Solutions.
The City shall give Caliber Solutions written notice of any violation of this agreement. If
Caliber Solutions fails to correct such violation within sixty(60)days of such notice,this agreement
shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either
party to the other may be effected either by personal delivery in writing or by registered or certified
mail,postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses
of the parties as follows:
City of Beaumont Caliber Solutions
Public Works Department
PO Box 3827
Beaumont, Texas 77704
(409) 880-3725
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW:
The above-stated addresses may be changed to such addresses as the parties may from time to
time designate by written notice. Commencement of work on the fiber optic system by Caliber
Solutions after the date of this agreement shall be construed as evidence of Caliber Solutions
6
acceptance and approval of the conditions above set forth.
This agreement shall be governed by and construed in accordance with the laws of the State
of Texas.
This agreement embodies the entire agreement between the parties hereto and supersedes all
prior agreements and understandings, if any, relating to the matters addressed herein. This
agreement may be amended or supplemented only by a written instrument executed by both parties.
IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be
signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this
_day of , 2012.
THE CITY OF BEAUMONT
By: Kyle Hayes,
City Manager
ATTEST:
City Clerk
By:
Title:
ATTEST:
EXHIBIT"A"
(Company)
Fiber Optic Installation
Total Linear Feet
7
L
RICH WITH OPPORTUNITY
11EA-i[IMON
T • E - x - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lillie Babino, Human Resources Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution appointing Wilmington Trust
Retirement and Institutional Services Company (WTRISC)
as a passive-directed trustee of the Trust established in
connection with the City's 457 Deferred Compensation
Plan and VantageCare Retirement Health Savings Plan.
BACKGROUND
The City of Beaumont previously established a 457 deferred compensation plan in February,
1981 and a retiree health savings plan (VantageCare Retirement Health Savings Plan) in July,
2004 for the benefit of its eligible employees. VantageTrust Company, a wholly owned
subsidiary of ICMA Retirement Corporation(ICMA-RC), served as the trustee of the Trust
through a service agreement entered into with ICMA-RC Services, LLC and its affiliates
(ICMA-RC). Through this agreement ICMA-RC provided services to the Trust on behalf of
VantageTrust Company. The service agreement between VantageTrust Company and ICMA-RC
has ended. Wilmington Trust Retirement and Institutional Services Company has been appointed
as successor trustee of the Trust. This transfer of services to Wilmington Trust will be seamless.
No fees are associated with this transition.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Wilmington Trust Retirement and Institutional Services Company(WTRISC) be and
is hereby appointed Passive-Directed Trustee of the Trust established in connection with
the City's 457 Deferred Compensation Plan and Vantagecare Retirement Health Savings
Plan.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
RICO WITS OPPORTUNITY
BEAUMON*
T * F * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 25,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5, 9-12/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance adopting the FY 2013 Budget
2. Consider a resolution adopting the 2013 Capital Program
3. Consider an ordinance ratifying the budgeted property tax increase reflected in the
FY 2013 Budget
4. Consider an ordinance accepting the tax roll and establishing the property tax rate
for the tax year 2012 (FY 2013)
5. Consider an ordinance amending Section 22.02.001, Water Service Rates and
Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to
increase rates by five percent(5%)effective October 1, 2012
6. Consider an ordinance approving a zone change from RCR(Residential
Conservation and Revitalization)District to NC (Neighborhood Commercial)
District and a specific use permit to allow a sno-cone stand in an NC
(Neighborhood Commercial)District at the northeast corner of Franklin and
Avenue A
7. Consider an ordinance approving a specific use permit to allow a child day care in
an RS (Residential Single Family Dwelling) District at 8375 Homer
8. Consider an ordinance approving amendments to the Zoning Ordinance, Sec.
28.03.023 (e), Sec. 28.04.008(28), Sec. 28.04.008(29), Sec. 28.01.004(b)and Sec.
28.03.020(b)and to the Subdivision and Site Development Regulations, Sec.
26.03.004 and Sec. 26.04.002
9. Consider an ordinance approving the abandonment of the alley behind Lot 1,
Tract 1, Block 9, Fuller and Keith Addition
10. Consider a resolution authorizing the City Manager to execute a Performance
Contract with Johnson Controls, Inc. for installing water meter infrastructure and
a leak detection system
11. Consider a resolution approving a six month contract for the purchase of asphaltic
concrete for use by the Streets and Drainage Division
12. Consider a resolution awarding a bid for replacing windows in the Fire
Department Administration building
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
September 25,2012
Consider an ordinance adopting the FY 2013 Budget
RICH WITH OPPORTUNITY
BEAUMONTPk
T • g • a • A & s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance adopting the FY 2013
Budget.
BACKGROUND
Article V1, 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 2013 Budget was submitted to Council on August 14, 2012, and reviewed during a work
session on August 28, 2012. A public hearing was held on August 28, 2012,which met the
requirements of the Charter and state law.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER
1, 2012, AND ENDING SEPTEMBER 30, 2013, 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, 2012, and ending September 30, 2013;
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 COUNCIL OF 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, 2012, and ending the 30th day of
September, 2013, 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 $110,740,700
(includes $1.5 million contingency)
b. Debt Service $13,950,300
C. Water Utilities $46,203,200
d. Water Revenue Bond Reserve Fund -0-
e. Solid Waste Management $9,464,700
f. Hotel Occupancy Tax $2,508,900
g. Municipal Airport $425,100
h. Henry Homberg Golf Course $562,200
i. Municipal Transit $5,105,000
j. Other Special Revenue $2,207,571
k. Capital Reserve $3,698,900
I. Fleet Management $8,139,700
M. Employee Benefits $18,857,500
n. General Liability $1,046,100
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 25th day of
September, 2012.
- Mayor Becky Ames -
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
AGW FY 2812 Esrera4sd filrrryat
FY 2"1 (As Anu dsd) FY 2002 FY M3
REVENUES
Sales and use tames $ 34,690,937 s 34,296.000 35.038..001) $ 36,434,000
Property t wes 30,2M,188 3(X614,000 31,060000 31,516,000
Industrw payments 13,220777 13,866,900 13,433,OOD 13,687,300
Gross receipts bu es 8,711,349 8,515,000 8,29 000 8.284000
Ufty fund in lieu 8,836,00D 8,875= 8,876,000 9,780000
Charges for services 4,430371 4.064800 4,729.401) 4,584,400
Fines and forfeits 1.980769 1,626,500 1,586,OOD 1,566,000
Licenses and permits 1,981,700 1,549;100 1,96x,600 1,696,100
Other 2,188,629 2,057,100 2,752,400 2,115,500
Transfers in 645,700 500000 500,000 5W,OOD
TOTAL REVENUES 106,7181400 105,922.400 106,248,400 109,160,301)
EXPENDITURES
Police 30,681,304 31,624,100 32217.400 32,328.30D
Fro 22,926,623 23.968,900 23,790.401) 24,525,500
Public Works 18,116,200 18,366,800 18,616.300 18,657,900
Public Hearth 7,444,270 7,063.400 7,071,900 7,231.300
Intorrrasw Tedws*w 4,796,124 5,427,800 5,170,200 5,744,500
Event Facidss and Libraries 4,226,141 4,809,400 4,370,800 4,702,800
Parks and Recx main n 4,250286 4,411,10D 4,284600 4,512,100
Finance 3,48'2,363 3,559,400 3,602,100 3,676,800
Conwriu iky Development 1,668,148 2,754,50D 2,787,900 2,946,700
EzecutNe Office 1,618,388 1,832,301) 1,791,100 1,833,7010
Hunan Resources 864817 911,600 908,100 1,006,200
City Attorney 86,551 885.801) 856,200 924,100
City Clerk 339,409 266,100 24%30D 374.OW
TOTAL EXPENDITURES 101,286604 105.870,200 106,754,300 108,486,700
OTHER USES
Transfers out 4,M000 Z41400D 2,850000 2,275,000
TOTAL APPROPRIATIONS 106,161,604 1t18,12D,2W 108,404,300 110744700
EXCESS(DEFICIT)REVENUES
OVER APPROPRIATIONS 566,798 (2,197,800) (156,900) (1.564401))
BEGINNING FUND BALANCE 27,924,509 27,035,664 28,481,305 28,325,405
Reserved for con*Wncy 1,500,000 1,500.000 1,5(0.000 1,50O00D
Unreserved 26.981,305 23.337.864 26,82"'.1,405 25,2MS,O05
ENDING FUND BALANCE $ 26,481,306 $ 24.837.864 28.375,405 $ 26.745.005
E)O*W "A'
DEBT SERVICE FUND
STATEMENT OF REVENUES AND EItPENDITURES
AGUM amilld ES m"
FY 2011 FY 2M2 FY 2112 FY 2113
REVENUES
Property I goo $ 13,836,407 $ 12.281,000 $ 12,381.700 S IZ42AOW
Othw 20,132,099 310,900 286,50D 312,000
Trarmfwa in 594,500 617,200 817,200 707,000
TOTAL REVENUES 34,562,976 13,208,700 13,284,400 13,448,000
EXPENDITURES
Prircipel and bitueet 12.826,541 13,05Z60D 13,052,800 13,936,310
service c wom 8,607 12,000 5,000 10,000
Ottw operea soleness 19,742,396 5,000 4,000 4,000
TOTAL EXPENDITURES 32,577,514 13,099,800 13,091,800 13,960,300
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 1,986,462 139,100 222,800 (60Q300)
BEGINNING FUND BALANCE 2,211,164 3,771,163 4,196.626 4,419.426
ENDING FUND BALANCE i 4,199.626 i 1910,283 $ 4,419,425 $ 3,817,128
WATER UTLITIES FUND
STATEMENT OF REVENUES AND EXPENDITURES
AcWd FY 2812 Eet89aled BladW
FY 2811 P&ANdatn FY 281: FY 2613
REVENUES
wow asks $ 32,642,129 S 32.842,300 S 33,105,400 $ 34,500,400
Sewer dw 7,458,595 7,738.000 7,750000 8,140,200
Other 1,896,018 1,511,805 1,642,200 1,536,700
TOTAL REVENUES 41,9994742 42.092.100 4Z<497,600 44,577,305
EXPENDITURES
Wages 7,308,238 7.408,71)0 7,689;400 7,725,500
Bansiita 3,866;188 3,782,100 3,867,500 3,931,100
Operoft mcpardhras 1,640,043 1,427.005 1.®93,900 1.686,000
Repair and mi dwomres 3,980.008 4.679,605 4,649;000 4,520;300
U40M 1,894,512 2,O39,S00 1,782,200 1,883,700
Contract servioas 1,726,458 1,481,400 2,128,800 1.744.400
Egiomo t pos haaas 5,443 14.000 18.500 19,000
Capital expa wwwas 1,772,794 1,312,500 1,602,8DD 1,827,000
Debt service 12,452,196 12,502.000 12,486,000 14,081,800
Payment in isu of tense 6,730,000 7,000,000 7,000,000 7,900000
Tnwwfsm to o8rsr Tads 1,893,027 1.514.000 1,109;000 9D4,600
TOTAL EXPENDITURES 43,057,903 43,139,20D 44,026.700 46,209,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (1,068,161) (1,047,100) (1.5?9;100) (1,825,900)
BEGINNING FUND BALANCE 8,700,290 7,417,890 8,642,129 7,113,028
Unreserved 8,842.129 6.370.790 7,113,029 5,487,129
ENDING FUND BALANCE S 8.642,129 S 6,373,790 $ 7,113s029 $ 5487129
WATER REVUE BOND RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Aatwl Boded Esllrnoid Boded
FY 2011 FY 2M2 FY 212 FY 2613
REVENUES
Other $ 817 $ - $ Z40D S 2,700
Trmsfera in 3804000 380,000 38,000 38%000
TOTAL REVENUES 38%817 38,000 382,400 382,700
BEGINNING FUND BALANCE - 38D,OW 3MS17 723,217
Unreserved 380,817 720,000 723,217 1,086.947
ENDING FUND BALANCE i 3WS17 S 720,000 $ 723,217 Z 11085917
SOLID WASTE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actand FY M2 Esllimee4ed ended
FY MI (PA ANN) FY X12 FY!913
REVENUES
Reeider>dsl oolscNorrs $ 5,947,2!95 $ 5,96%000 $ %04%800 $ 6140 om
Landlll few 2,989,486 3,000.000 2,555,200 2,500,000
Otlwr 103,157 11,500 11,800 13.200
TOTAL REVENUES 9.019.908 8,961,50D 8,607,600 8,913,200
EXPENDITURES
Wages 2,054,313 2,271,900 2,11%900 2,184,100
Bereft 1,195,490 1,278,200 1,271,900 1,270,900
Openimg expwx kres 849,973 992,700 995.200 1,021,600
Repair andmini rreo 1,776,586 2,208,400 1.889.400 1,895.900
Unifies 27,848 23,500 22.100 21,000
Contract services 158,168 229,000 19%000 213,700
Equip nwd ptrdw®as - - - -
Capita axperclibres 821,896 91,700 230,600 553,000
Debt service 434,980 435,100 435,100 314,500
Payment in Neu of tames 1,806,000 1,775,000 1,775,000 1,780.000
Transfers to other finds 115,000 210,000 210,000 MAW
TOTAL EXPENDITURES 9,240,254 9,575,500 8,900.200 9,464.700
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (22%316) (614,000) (322,800) (551,500)
BEGINNING FUND BALANCE 3,153,210 2.70%009 2,902,894 2,610,294
Unreserved 2,932,894 2,086,009 2,610.284 2,068,794
ENDING FUND BALANCE i 2.932,894 Z 2,086,009 $ 2,610,294 $ 22068,794
HOTEL OCCUPANCY TAX FUND
STATEMENT OF REVELS AND EXPENDITURES
Budget
Asked Flt 2012 IF -, I Budget
FY 2011 (As AWAN104 FY 2012 FY 2913
REVENUES
Gross receipts Laos S 2,365,733 S 2.300.000 $ 2,450;000 i 2.375,000
Ottw 16,111 m40Q 25,800 15,900
TOTAL REVENUES 2,371,844 2,313.400 2,475.800 2,390,900
EXPENDITURES
Conrerdm and Vh mm Brsesu 1,672,081 1,418,500 1,4066300 1,479,900
Des*wlsd propwm 332.000 392,000 33Z WD 332.000
Payment in isu of Loris 100,000 10D,O0D 100,000 100,000
Tra VhM b 011W funds 742,700 5 .00D 597,OOD 597,000
TOTAL EXPENDITURES 2,846,781 2,447,5OD 2,434,300 2,506,900
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (474,937) (134,100) 41,500 (118,OOD)
BEGINNING FUND BALANCE 818,726 291,727 343.269 384,789
Urxeserved 343.269 157,627 384,789 286,789
ENDING BALANCE $ 341289 $ 157627 $ 364789 $ 286,789
comenow i Taullm Prsarrad FY 2011 FY 2012 FY 2913
Exempt 8 8 8
Chrical 1 1 1
9 9 9
MtR"AL AIRPORT FUND
STATEMENT OF REVENIJES,AND EXPENDITURES
Acbjd BudjW Estlarrsd Bra
FY 2011 FY 2012 FY 2012 FY 21"3
REVENUES
InbrpcvernrnerM g revenue i 148,395 i 50;000 i 5Q000 i -
Ottw 144,357 158,800 148,500 156,100
Tra akm in 1,000,000 - - -
TOTAL REVENUES 1,282,752 208,600 198,5m 156,100
EXPENDITURES
Oparatinp aopwxkmes 943 1,000 zam 2900
Reperrandnobd nerrce 120,712 232,000 100,000 229,000
Udalee 18,050 19,600 23.600 24,400
Contract services 129,194 548,866 96.500 13z80D
Capitol vows i4 m 514,549 - 137,100 36,000
TOTAL EXPENDITURES 783,448 801,466 362.000 425,100
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 508,304 (582,888) (183,5m) (269,000)
BEGINNING FUND BALANCE 27,686 592,866 536,970 373,470
Unreserved 596,970 - 373,470 104,470
ENDING FUND BALANCE i 536,970 S - S 373,470 i 104,470
HENRY HOMBERQ GW COURSE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Budod
AdAnd FY 2012 EsUmm led BudOst
FY 1011 (As Ameml d) FY 2012 FY 2013
REVENUES
Charges for swiicw i 394,113 i 443,000 S 337,100 i 419,000
Other 84 100 - -
Transfers in 35.000 - WD.000 100000
TOTAL REVENUES 429,197 443,100 537,100 519,000
EXPENDITURES
Wages 184,726 185,000 229,400 256,800
Benefs 45,54 48,000 57,000 74,40D
Opsreb s psrrdEurss 56,046 52,200 46,500 59,000
Repair and rrrainberrsrres 64,702 57.300 61,000 66,200
Utmes 16,663 19,000 15,000 15,000
Corrtrad servkm 19,491 56,000 38,200 50.800
Capital eoperrdi4res 45,188 21,40D 21,40D 40,200
Debt service 12,642 - - -
Trarrders b COW Kurds 1,000 - -
TOTAL EXPENDITURES 44962 438,900 468,500 562,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (16,755) 4,200 68,600 (43,200)
BEGINNING FUND BALANCE (3,586) 7,201 (20.351) 48,249
Unreserved (20,351) 11,401 48,249 5,049
ENDING FUND BALANCE i (20351) i 11,401 i 48,249 49
S 5.
MUNKWAL TRANSIT FUND
� STATEMENT OF REVENUES AND EXPENDITURES
Boded
Admai FY 2012 Bw10at
FY 2011 -A FY 21112 FY 4013
REVENUES
Servios d pss i 5511,517 $ 550,000 $ 527,200 $ 5X000
IntsrSover vwm* l revenues 2,666,878 2,178,500 2,371,600 2,142,200
Other 22,143 400 400 400
Transfers in 1,960,000 2,450.000 ZAIKOOO 2,125,000
TOTAL REVENUES 5,282,538 5,178.900 5,349,200 4,797,600
EXPENDITURES
Operating Supow 132,713 18Q000 1456000 145,000
Contract aervioes 4,599,924 4,60Q000 4,980,300 4.960,000
Capital outlay 544,322 - 22Q000 -
TOTAL EXPENDITURES 5,276,959 4,760,000 5,358,300 5,105.000
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (14,421) 388,500 (9,10D) (3D7.400)
BEGINNING FUND BALANCE 362,471 704,472 346,060 336,850
Unreserved 348,05D 1,105,372 339,960 31,560
ENDING FUND BALANCE $ 348,05D S 1,103.372 $ 338.960 $ 31,550
OTHER SPECIAL REVENUE FUNDS
STATEMENT OF REVENUES AND
Bdanoe FY M3 Bd�
18MM2 pbwwws AMre L 0Yr3or13
Texas Motor Carrier Viohitions $ 38,863 Z 30,400 69,063 $
Music ipel Court Security Fee 59 24,941 25,000 -
Muniapal Court Tedwiclow 372,502 46,800 419,302 -
mwxxpsl Court Juwrft Caae Marrper 28 51,000 51,028 -
Ike Recovery 668 50.000 50.668 -
Pul*c Education Gokarnmer t Proparwninp 229,800 232,80D 462,800
Confrac ew Goods 120,471 100,00D 220,471 -
JuNe Ropers Theaitre Ero*m wd 123,482 500 23,982 100,000 (1)
TyrreA Historical Lbrary 3,197 9,803 12,800 -
Expendabls Trust 248,405 30,800 279,205 -
Librsry Trust (1,812) 13,400 11,588 -
Library Endowrnsrrt 896,866 4,00D 125,755 774,900 (1)
Hh toricW Fire Museurn 1,118 5,000 8,118 -
TOTAL $ .Agaw. $ .jh 0�49,24w $ $
(1) UrwpndebW wdo mwd
CAPITAL RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
godw
AQWd FY tats Esdmmbd tlr�st
FY W11 (As Am=dsQ FY M2 FY tats
REVENUES
Flest renml S 2,145.700 $ 2,095,901) $ 2,121,900 S 2,312,100
Other 237,268 28,800 139,800 110,000
Transfers in 1,000.000 - 1,5W400 -
TOTAL REVENUES %392,989 2,115,700 3,811,100 2,422,100
EXPENDITURES
Inrprovsrnarrts 346.299 1,480;100 1,979,400 711,001)
EWAxn rrt 1,271,220 1,656.100 1,857,200 1,273,000
Vehm" 1,249,729 1,761,200 2,117,800 1,470,700
Debt service 367,063 244,200 299.500 244,201)
TOTAL EXPENDITURES 3,254,301) 5,141,600 6.213,900 3.6684900
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 128,698 (3,02'i,900) (2,402.600) (1,276,800)
BEGINNING FUND BALANCE 6. 0,429 6.092.931 6.419,086 4,016,298
Unreserved 6.419,099 3,057.031 4,016.299 2,739,499
ENDING FUND BALANCE $ 6.419.098 $ 3.057,031 $ 4,016299 $ 22736.496
FLEET MANAtiEMENT FUND
•- r ., AM& �
STATEMENT OF REVENUES AND EXPENDITURES
Adod FY 2912 ESSRA d Boded
FY 2911 (ft AnWWW ) FY 2i 12 FY 2913
REVENUES
User fees $ 7,961,179 $ 84427,400 $ 8,0564500 $ 8,098,100
Other 13,037 4,000 6,500 5,000
TOTAL REVENUES 7,974,216 8,431,400 8,063,000 8,103,10D
EXPENDITURES
ww" 1,324,355 1,407,300 1,37344D0 1,423,600
Benefits 696.832 732,200 741,20D 764,100
OpsrWav eperdiprss 2,93x161 3,072,700 3,156,80D 71,300
Repair and rraiMmsnos 1,978,281 2,300,100 ZM300 5,076,800
Udw" 42,432 54.800 43,80D 50,000
Contract ssrvioes 819,787 8964900 702,900 728,900
Equrpmsnt purchasss 9,900 9,900 9,90D 9,900
Capited 22,186 26,300 25,300 15,100
Transfers to other finds 16,500 - - -
TOTAL EXPENDITURES 7,840,435 8,30D,200 8,094,60D 8,13&,700
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 133,781 131,200 (31,60D) (36,800)
BEGINNING FUND BALANCE 1,114,064 967,986 1,247,865 1,216,265
Reserved for hvwtwy - - - -
Unreserved 1,247,866 1,099,186 1216,266 1,179,666
ENDING FUND BALANCE $ 1,247,866 $ 1,099,186 Z 1,216,1186 $ 1,17x666
EMPLOYEE BENEFITS FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual FY 2112 ESI aelad Boded
FY 2011 (As AsaedwO FY 2012 FY 2013
REVENUES
Service cFrr9 $ 13323,097 $ 14,454,000 $ 14,448,900 $ 14,432,001)
Employee oo trbutiorrs 3,587.891 3,790,701) 3,732,ODD 3,903,000
Other 17,259 20.000 83,701) 11,400
Transliers in 689.001) 39,000 30,001) 30.000
TOTAL REVENUES 18,017,247 18,298,700 18,314,800 18.376,400
EXPENDITURES
Health
Mots. PwAderOrgarindion 12,087,368 13,780.801) 12,513,60D 12,650.001)
HeaM Mobi ar anos Oryenixaft 1,041,522 - - -
1 Will preerxiptions 2,546,786 2,625.000 2,61)0.000 2,900,000
Dental 893,533 906,400 951,400 965,901)
O W berm 178,078 188,800 221,800 222,700
Total 18.727,285 17,502,800 16.16.81)G 16,738,600
Worker'*Compensation
Third party adminishation 64,212 85,000 64,801) 64,900
Claims paid 906,309 1,01)0.000 1,084,000 1,050,000
Excess i 85,001) 86,000 87,500 87,51)1)
Safety rrwwgement 157,50 162.809 164,600 167,700
Total 1,233,041 1,312,800 1,380,91)0 1,370.100
General
Coraratt Services 2D,164 48,800 46,900 48,801)
Retirement Trust 250,000 - - -
Unsmploymorit 108,986 100000 109,001) 100,OOD
Short term disability 804,893 425,000 450000 600.000
Total 1,183.045 573,800 5IM= 748,801)
TOTAL EXPENDITURES 19,143,371 19,389,400 18,264,600 18,857,501)
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (1,126,124) (1,092,700) WOOD_ (481,101))
BEGINNING FUND BALANCE 2,924.223 2,251,821 1,798.099 1,848,099
Unreserved 1,796,099 1,159,121 1,846,099 1,388,999
ENDING FUND BALANCE S 1,798,099 $ 1,159121 $ 1,818,099 $ 1,366,999
GENERAL LIAAILJTY FUND
STATEMENT OF REVENUES AND EXPENDITURES
Astua1 0~ — — --ea
FY 2111 FY M2 FY 2112 FY 2N3
REVENUES
Tnuvosm in i 1,725,000 i 400.000 $ 400ow $ 400,0011
Obw 4,W4 3,200 8,600 6,000
TOTAL REVENUES 1,729,554 403,200 406,600 406,000
EXPENDITURES
prolsookmai services 246,538 35D,000 215;000 300,000
Claims paid 500,669 900,000 60Q000 742,000
Ottw instmw a 4,136 4,200 4,100 4,100
TOTAL EXPENDITURES 751,331 1,254,200 819,100 1,046,100
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 978,233 (851,000) (4%500) (640,100)
BEGINNING FUND BALANCE 992,084 1,406,063 1,970.317 1,566,817
Reserved for unpaid claims - - - -
Unreserved 1,970,317 556,083 1,56Q817 919,717
ENDING FUND BALANCE $ 1,970,317 i 566,083 i 1,566,817 i 919,717
2
September 25,2012
Consider a resolution adopting the 2013 Capital Program
RICH WITH OPPORTUNITY
BEAUMDN*
T • _ 0 x 0 A • B City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider approving a resolution adopting the 2013
Capital Program.
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(27th)
day of the last month of the current fiscal year."
The Capital Program was originally submitted to Council on May 11, 2012. It was revised and
submitted to Council on August 14, 2012, and reviewed during a work session on August 28,
2012. A public hearing was also held on August 28, 2012.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the FY 2013 Capital Program is hereby adopted. The Capital Program is
substantially in the form attached hereto as Exhibit"A." A public hearing was held August
28, 2012.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
PUBLIC t KM3 PROJECTS
Romer e-mmixMd
EsdmaMd Time Sdmmkde
Consb ctkm Place Cost FY 2013-31tt4
Concord Road - Phase N - East Lucas to Hwy.105 $ 21,000,000 [1)
Dowlen - US 69 N to Delaware 17,520,000
Fanned Road - E9ne1 to Elevanl#n 880,000
Madison - Irvin to Grove 2,900,000
Old Dowlen - Dovwen to Hwy.105 11,550,000 [2)
Seventh Street - IH-10 to laurel 7,000,000
South Park Relief 11,703,400 [3I
Street RWabfttlon Program 5,000,000
Washington - IH-10 to ML King 27,500,000
Recomrrw-dad
EslirneI Trine Sc aduie
Design Phase Cent FY 3N3-21)114
Avenue A - Washington to US 69 S 12,200,000 [q
College Street - 11I-10 to Gored 12,700,000
Delaware - Concord b Dowlen 17,520,000
Doviden - College to Walden 15,500,000 [5i
Gladys Street - IH-10 to Dowlen 5,000,000
Laurel - IH-10 to Olrce Park 6,490,000
Magma - Bowie to East Lucas 21,650,000 Iq
North Street-ML King to Tvyenly-Third 12,800,000
Northwest Parkway► 6,000,000
Regina - Hower to Thomas 2,200,000
Washington - Langham to Major 13,000,000 m
[1) kwkxks Fsdswi KOM"A I inis1 6 hffW0 upb=7,375.000.
[2) kwkxiss TxDOT hmd0 up b$4A09A00.
[s) W cksiss 2=Dindn Rmnnry Find-Hunkum inos&wA"d 511,339.4W.
[4) AWft for!amt*mft ftwjo sM Hwdmw In Dkedw RAd Pmom
P) kokWa Fedsrai FfO m"Admb kh No-ft I dW,7e4AM
14 ApOft for gno tie flraugi to 11 1 m-s In Obadw Roil Pmpm- (GO b E.Lugs Phsss)
M Inchidss Fsdasri Rghwoy AdWifwndon f nft d aoe0A00.
EXHIBIT "A"
PUBLIC WORKS PROJECTS
Iter— rrra -dad
EsdowAnd Time Schedede
Prolects Tor C n W I I'ma Coat FY 213-2017
Babe Zaharies Drive $ 2,150,000
Belvedere - Regina to Dead End 2,750,000
Caldwood Outfal 9,000,000
Dowlen Road - Folsom to Gladys 11,385,000
Downtovrn Improvemwft
Wall-Neches to ML King 7,800,000
CrocketftLaureei-Peed to Magrok 2,500,000
East Lucas - US 69 N to Pine 18,270,000
Eleventh Street - Washington to US 2 N 26,000,000
Folsom Extension 800,000
Gulf Street - Live Oak to Delaware 3,565,000
High School Ditch 12,600,000
Howell Street- Regina to Sue 2,625,000
Irving Street - Butord to Wed*0w 5,000,000
North Main Street - Calder to Railroad Traeics 2,860,000
Phelan Boulevard - N+10 to DwAftn 24,000,000
Pine Street - I1-1-10 to Crockett 5,230,000
Sabine Pon - Emmett to lull.lQng 4,000,000
School Sidewalk Program 1,000,000
GENERAL WROWEMENT PROJECTS
Rae.�ommsrKl ed
Watirnabd 71a Scheiiule
Construction Phase Cost FY 2013-2014
Athletic Complex Terris Center $ 3,000,000
Civic Carder Improvements 500,000
Communications BWkkg 2,400,000 [11
Fire Station No. 1 Relocation 6,500,000
Hike and Bike Trail Phase N-Delaware to Folsom 826,400 M
Reoomwsnded
Tine Schedide
Design Phase FY Will-2014
Fire Station No. 1 Complex - Phase 11 4,500,000
Fire Station No.2 Relocation 3,000,000 M
Fire Station No. 11 Rebcation 2,500,000
Fleet Fire Maintenance Facity 2,000,000
PtMc Health Complex 7,000,000 (q
Tyrrell Park Improvements 3,000,000
RecorarwsiMled
Time Srfieduie
Protects for C M - 11sira III= FY 211113-2017
Airport Hangar 1,500,E Iq
Downtown Library 3,700,000
Fleet Service Center kW vemerrls 2,500,000
Senior Carter 2,300,000
Transportation Operations Shop 2,600,000
(1] Grant awndad Elam Nr OeparMnent of Hondo d 9aasht in Noa amount of 11,8KOW,
with a ofth of 3000 Goo.
[2] Grant awarded* ni Nis Faft Trarreporhron Edoarrw wd Propam in Noe aowoont of SM.12%
with a 2D%match of i1MMD.
[31 A VW for Gmd Noonugh to Hwdm w On Madw Ru wary Piagnro
[4] Applied for Grant Naoogh No HuAft roe No Diaauler Racmay M graon
151 WrAcO i Airport Fund
WATER AND SEWER PROJECTS
Recommended
Estimated Time Schedule
Construction Phase Cost FY 2013-2014
ftforProjects:
Additional Water Supply System $ 8,000,000
AMVAMR/Leak Detection 15,000,000
Automatic Flushing Devices 100,000
Hydrogen Sulfide Removal at Loeb Well No. 1 1,200,000
Loeb Well No. 1 Electrical Improvements 700,000
Water Line and Fire Hydrant Installation/Replacement 3,000,000
Water Rights Study 200,000
Weiss Bluff Pumping Station 3,000,000
Ssww►Ph*Cts:
36"Longfellow Interceptor Rehabilitation 3,000,000
48"Interceptor Rehabilitation 3,400,000
54"Central Trunk Rehabilitation 4,800,000
Downtown Sanitary Sewer Lilt Station 2,300,000
Florida Avenue&Fanned Road Interceptors 2,400,000
Lift Station Repairs 900,000
Primer Sanitary Sewer Lift Station 1,100,000
Sanitary Sewer Rehabilitation - Smd Mains(Pipe Bursting) 14,000,000
Wastewater Treatment Plant Electrical Improvements 1,400,000
Wastewater Treatment Plant Holding Pond and Dredging Ponds 1 &2 4,300,000
Wastewater Treatment Plant Master Plan 600,000
Wastewater Treatment Plant Underground Piping Rehabilitation 1,200,000
Wastewater Treatment Plant Sludge Thickener Rehabilitation 650,000
Y WWYSsawew 1br Street Projects:
Avenue A - Washington To US 69 S 780,000
Concord Road - Phase IV - East Lucas to Hwy. 105 1,368,000
Dowlen - US 69 N to Delaware 1,092,000
Fanned Road - Ethel to Eleventh 240,000
Old Dowlen - Dowlen to Hwy. 105 636,000
Seventh Street - IH-10 to Laurel 612,000
Washington - IH-10 to ML King 2,400,000
WATER AND SEWER PROJECTS
Recommended
Estimated Time Schedule
(lion Phase Cost FY 2013-2014
iAlbaer Projects:
36"Transmission Line $ 8,800,000
Bunns Bluff Pumping Station 2,800,000
Water Bottling Plant 1,500,000
Water Treatment Plant Improvements - Phase II 1,000,000
Weiss Canal Stabilization 3,500,000
Seww Projects:
66"and 21"Trunk Line Rehabilitation 4,000,000
77'and N'Trunk Line Rehabilitation 6,000,000
Degritter - Wastewater Treatment Plant 8,000,000
Folsom Drive Sanitary Sewer Interceptor Rehabilistion -
Dowlen Road to Crow Road 600,000
Sanitary Sewer Interceptor Rehabfttion - Harriot Street Lift
Station to the Wastewater Treatment Rant 4,200,000
Sanitary Sewer Interceptor RehaWke ion - Matthew Road and
Phelan Blvd.to Major Drive North to Folsom 6,000,000
Wastewater Treatment Plant Chlorine Disinfection
System Improvements 2,500,000
Wastewater Treatment Plant Clarifiers Rehabilitation 3,800,000
ftfort3 ww for S&*W Phojecta:
College Street - IH-10 to Goliad 1,008,000
Delaware - Concord to Dowlen 3,276,000
Dowlen - College to Walden 1,872,000
Gladys Street - I1-1-10 to Dowlen 1,536,000
Laurel - IH-10 to Office Park 588,000
Magnolia - Bowie to East Lucas 2,528,000
North Street - ML King to Twenty-Third 1,208,000
Northwest Parkway 1,500,000
Regina - Howell to Thomas 456,000
Washington - Langham to Major 2,076,000
WATER AND SEWER PROJECTS
Recommended
Estimated Time Schedule
Protect&for Consideration Cost FY 2013-2017
Lift Station Repairs $ 600,000
Sanitary Sewer Rehabilitation - Small Maine(Pipe Bursting) 4,000,000
Wastewater Treatment Plant Ground Improvements 1,000,000
Water Line and Fire Hydrant InshO ion/RepleCement 2,000,000
Water Treatment Plant Improvements - Phase 11 Construction 11,000,000
NA NarlSewar for Sheet Phis:
Babe Zaharias Drive 50,000
Belvedere - Regina to Dead End 380,000
Dowlen Road - Folsom to Gladys 756,000
East Lucas - US 69 N to Pine 2,304,000
Eleventh Street - Washington to US 69 N 528,000
Folsom Extension 220,000
Gulf Street - Live Oak to Delaware 624,000
Howell - Regina to Sue 467,000
Irving Street - Buford to Washington 539,000
North Main Street - Calder to Railroad Tracks 204,000
Phelan Boulevard - IH-10 to Dowlen 708,000
Pine Street - IH-10 to Crockett 528,000
Sabine Pass - Emmett to ML King 1,020,000
3
September 25,2012
Consider an ordinance ratifying the budgeted property tax increase reflected in the FY 2013
Budget
RICH WITH OPPORTUNITY
BEAUMOK*
T • 11 • X • A - 8 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance ratifying the budgeted
property tax increase reflected in the FY 2013 Budget.
BACKGROUND
Section 102 of the Local Government Code includes the following: "Adoption of a budget that
will require raising more revenue from property taxes than in the previous year requires a
separate vote of the governing body to ratify the property tax increase reflected in the budget. A
vote under this subsection is in addition to and separate from the vote to adopt the budget or a
vote to set the tax rate required by Chapter 26, Tax Code, or other law."
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE RATIFYING THE BUDGETED
PROPERTY TAX INCREASE REFLECTED IN THE FY 2013
BUDGET.
WHEREAS, the proposed FY 2013 budget will raise more total property taxes than
last year's budget by $1,396,000 or 3.55%; and,
WHEREAS, the adoption of a budget that will raise more revenue from property
taxes than in the previous year requires a vote separate from and in addition to the vote
to adopt the budget;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT the statements and findings set out in the preamble to this ordinance are
hereby, in all things, approved and adopted.
Section 2.
That the property tax increase reflected in the budget which will raise more total
property taxes than last year's budget by $1,396,000 be and the same is hereby, by
separate vote, ratified.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
4
September 25,2012
Consider an ordinance accepting the tax roll and establishing the property tax rate for the tax
year 2012 (FY 2013)
RICH WITH OPPORTUNITY
BEAUMON*T • 11 • a • . • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer/
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance accepting the tax roll and
establishing the property tax rate for the tax year 2012 (FY
2013).
BACKGROUND
The Jefferson County Appraisal District submitted the Certified Tax Roll on July 30, 2012, in the
amount of$6,906,373,448. Based on this taxable value, a property tax rate of$0.641$100
valuation for the tax year 2012 (FY 2013)is proposed. The tax rate would be apportioned
$0.46/$100 assessed valuation to the General Fund and$0.18/$100 assessed valuation to the
Debt Service Fund.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
Jefferson County Appraisal District (409)840-9944
P.O.Box 21337 4610 S.Fourth'St, (409)7274611
Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R.Bieber,RPA Eugene Landry,Chairperson
July 30,2012 C.L.Sherman,Secretary
J.Shane Howard
Miriam K Johnson
Charles Lankford
Dr.Louis Reed,Jr.
I&Kyle Hayes
City Manager
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mr. Hayes:
In accordance with Section 26.01(a),the 2012 appraisal roll for your jurisdiction has been
certified to your tax assessor-collector.
Enclosed is a copy of the 2012 Appraisal Roll Certification for your review and information.
Please do not hesitate to contact me should you have any questions.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
pjb
4 Jefferson County Appraisal District (409)840-9944
P.O.Box 21337 4610 S.Fourth St. (409)727-4611
Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621
CHIEF APPRAISER MEMBERS OF THE BOARD
Roland R.Bieber,RPA Eugene Landry,dry,Chairperson
July 30,2012 C.L.Sherman,Secretary
J.Shane Howard
Miriam K Johnson
Charles Lankford
Dr.Louis Reed,Jr.
Mr. J. Shane Howard
Tax Assessor-Collector
Jefferson County
P O Box 2112
Beaumont TX 77704
Dear Shane:
In accordance with Section 26.01(c)of the Property Tax Code, attached is a listing of
properties of which I have knowledge that are not currently listed on the 2012 appraisal
roll,but are reasonably likely to be added to the appraisal roll at a future date due to a
pending protest.
The value of these properties must be used in your effective tax rate calculations under
Section 26.04 and 26.041 of the Property Tax Code.
Sincerely,
i -
Rolan Kieber,RPA
Chief Appraiser .
pJb
1
c: Taxing Entities
i -
I
2012 APPRAISAL ROLL CERTIFICATION
PTC Section 26.01(c)Properties-Pending Protests
CITY OF BEAUMONT
PROPERTY OWNER'S PROPERTY OWNER'S
OPINION OF OPINION OF
ACCOUNT NUMBER MARKET VALUE APPRAISED VALUE MARKET VALUE APPRAISED VALUE
#700000-000-439856-00000-9 362,710 362,710 332,665 332,665
i
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 2012; 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 July 30, 2012 to be
$6,906,373,448; 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 2012 (FY 2013)should be established based upon said roll;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF 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$6,906,373,448 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 2012 (FY 2013), 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 $0.46
Debt Service Fund $0.18
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 25th day of
September, 2012.
- Mayor Becky Ames -
STATE OF TEXAS
COUNTY OF JEFFERSON
CERTIFICATION OF 2012 APPRAISAL ROLL FOR City of Beaumont.
I,Roland R Bieber, Chief Appraiser for the Jefferson County Appraisal District,
solemnly swear that the attached is that portion of the approved Appraisal Roll of the
Jefferson County Appraisal District that lists property taxable by and constitutes the
appraisal roll for City of Beaumont.
July 30,2012 /
Date Roland R Biel5er,RPA
Chief Appraiser
Jefferson County Appraisal District
2012 APPRAISAL ROLL INFORMATION
2012 Gross Value $7,659,673,600
2012 Gross Taxable Value(Net Appraised) $7,101,319,796
Total Number of Accounts 65,649
#of Accounts with Homestead Exemption 23,821
#of Accounts with Over-65 Exemption 7,877
#of Accounts with Disabled Exemption 1,680
#of Accounts with Veterans Exemption 739
#of Agriculture-Use Accounts 236
#of Exempt Accounts 4,339
2012 Taxable Value $6,906,373,448
RECEIVED BY: DATE:
EXHIBIT "A"
TAX CALCULATIONS 221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT
7/30/2012 13.17.09 ADP3TAXC 2012 APPRAISAL ROLL 12310403 PAGE 1
t++ttt+++t*+++tttttttt++t+t+++ttt++t++++++tttt+tt++tttt+tttttt+ttttttttt+tttttttttttt+++++ttttttttttttttt+++tttttttttttttttttttttttt
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
+t+t**ttt**ttttttttttttt++tt+ttt+tt+***tttttttttrttttttt+ttt++ttttt+++tt+tttttttttttt+***tt ttttttttttt tttttt+tttt++tt+tttttt+ttttt+t
ACCOUNTS SUB-TOTALS
GROSS VALUE IN DISTRICT 65,649 7,659,673,600 0
* MINUS EXEMPT ACCOUNTS 4,339 518,080,154 7,141,593,446
MINUS AGRICULTURE ACCOUNTS 236
MARKET VA's 33,957,290
PRODUCTION VALUE 606,190
LOSS DUE TO AG EXEMPTIONS 33,351,100 7,108,242,346
SUBJECT TO LATE PENALTY 2
POLLUTION CONTROL 3 6,922,550 7,101,319,796
FREEPORT ACCOUNTS 0 0 7,101,319,796
LEASED VEHICLES 0 0 7,101,319,796
PRIMARILY CHARITABLE ORG 0 0 7,101,319,796
NET APPRAISED VALUE 61,307 7,101,319,796
LASS DUE TO LIMIT 490 6,489,930 7,094,829,866
ABATED ACCOUNTS 1 135,300 7,,094,694,566
HISTORICAL ACCOUNTS 4 1,160,440 7,093,534,126
PARTIAL EXEMPTION 2 3,079,520 7,090,454,606
EXEMPTIONS
STATE MANDATED HOMESTEAD 23,821 0 7,090,454,606
STATE MANDATED 065 7,877 0 7,090,454,606
STATE MANDATED DISABLED 1,680 0 7,090,454,606
LOCAL OPTION 065 7,877 136,013,690 6,954,440,916
LOCAL OPTION DISABLED 1,680 28,341,269 6,926,099,647
LOCAL OPTION HOMESTEAD 23,821 0 164,354,959 6,926,099,647
VETERAN EXEMPTIONS
EXEMPTION CODE 1 a 0 0 0
EXEMPTION CODE 2 O 5000 131 644,489
EXEMPTION CODE 3 0 7500 58 422,310
EXEMPTION CODE 4 0 10000 74 709,620
EXEMPTION CODE 5 ! 12000 67 769,120
EXEMPTION .CODE 6 0 12000 258 2,933,240
EXEMPTION CODE 7 0 12000 0 0
EXEMPTION CODE 8 0 5000 8 40,000
EXEMPTION CODE 9 0 100 4 143 14,207,420
TOTAL VETERAN 739 19,726,199
NET TAXABLE 6,906,373,448
GROSS TAX AMOUNT .00640000 ---------------------0--___-_-________-___________-----------------------------> $ 44,200,789.41 tt
065 FROZEN TAX'ACCOUNTS
065 BEFORE FROZEN TAX .00
MINUS 065 FROZEN TAX .00
LASS DUE TO FROZEN TAX *** 00
DISABL FROZEN ACCOUNTS p
DISABLE BEFORE FROZEN TAX .00
MINUS DISABL FROZEN TAX .00
LOSS DUE TO FROZEN TAX *** .00
NETTAX AMOUNT -----------------------------------------------------------------------------------------> $ 44,200,789.41
** GROSS TAX AMOUNT•IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS
* INCLUDES 0 FREEPORT ACCOUNTS, MARKET VALUE LASS $ 0
** INCLUDES 0 065 SURVIVING SPOUSE ACCOUNTS, LOSS DUE •TO FROZEN .00
** INCLUDES 5 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 139,644
** INCLUDES 6 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 61,346
TAX CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT
7/30/2012 13.17.09 ADP3TAXC 2012 APPRAISAL ROLL PAGE 2
t++tt+tt+t+tt++t+t++tt+tt+tt++t't++tt+++++t++++tttt+tt+ttttt++t++t++++++t+++tt+*tttttttt+t+tttt++ttt++tt+t++++tt+tttt+++++t +t+
RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00t * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION t+tt+++17,500
ALLOWANCES * $ .640000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0
CODE COUNT APPRAISED TAXABLE LEVY t OF TOTAL GROSS VAL 7,659,673,600
Al 33,720 3,269,250,005 3,091,461,983 19,785,355.79 .9476
A2 5 170,090 100,950 646.08 .0000
AS 2,985 206,052,380 195,161,326 1,249,032.41 .0283
A7 258 2,196,820 1,829,718 11,710.21 .0003
Bl 336 273,862,820 270,783,300 1,733,013.32 .0392
B2 386 14,276,050 13,874,030 88,793.80 .0020
B4 40 2,795,360 2,764,430 17,692.34 .0004
CO 12 212,040 212,040 1,357.06 .0000
Cl 10,141 71,988,972 71,934,432 460,380.45 .0104
C2 942 32,715,470 32,715,470 209,378.90 .0047
D1 159 367,750 367,750 2,353.55 .0001
D2 73 224,980 224,980 1,439.91 .0000
D3 19 11,206,720 11,206,720 71,723.00 .0016
D4 393 37,492,430 37,492,430 239,951.57 .0054
DS 1 100 100 .64 .0000
D9 2 200,660 200,660 1,284.23 .0000
El . 45 14,818,000 14,252,690 91,217.20 .0021
E7 2 100,570 100,570 643.65 .0000
F1 3;008 .1,294,925,479 1,293,660,039 8,279,424.32 .1873
F2 33 18,398,040 18,398,040 117,747.45 .0027
F5 30 2,784,120 2,784,120 17,818.38 .0004
F9 26 169,395,720 169,395,720 1,084,132.58 .0245
G1 298 44,538,290 44,538,290 285,045.11 .0064
G2 49 3,090 3090 19.74 .0000
J2 23 7,140,480 7,140,480 45,699.08 .0010
J3 91 110,604,890 110,604,890 707,871.25 .0160
J4 19 34,.087,080 34,087,080 218,157.30 .0049
JS 56 29,545,530 29,545,530 189,091.38 .0043
J6 167 22,368,150 22,368,150 143,156.11 .0032
J7 5 9,577,530 9,577,530 61,29.6.19 .0014
J8 134 14,661,430 14,661,430 93,833.14 .0021
Ll 6,790 764,082,100 764,062,100 4,889,997.68 .1106
L6 93 35,376,260 35,376,260 226,408,.03 .0051
L8 31 390,825,240 390,825,240 2,501,281.55 .0566
L9 108 195,916,930 195,916,930 1,253,868.36 .0284
M1 404 3,484,500 3,071,230 19,655.83 .0004
01 ----426 ----15,673,720 ----15,673,720 100,311.82 .0023
61,310 7,101,319,796 6,906,373,448 44,200,789.41
A 36,968 3,477,669,295 3,288,553,977 21,046,744.49 .4762
B 762 290,934,230 287,421,760 1,839,499.46 .0416
C 11,095 104,916,482 104,861,942 671,116.41 .0152
D 647 49,492,640 49,492,640 316,752.90 .0072
E 47 14,918,570 14,353,260 91,860.85 .0021
F 3,097 1,485,503,359 1,484,237,919 9,499,122.73 .2149
G 347 44,541,380 44,541,380 285,064.85 .0064
J 495 227,985,090 227,985,090 1,459,104.45 .0330
L 7,022 1,386,200,530 1,386,180,530 8,871,555.62 .2007
M 404 3,484,500 3,071,230 19,655.83 .0004
O 426 15,673,720 15,673,720 100,311.82 .0023
61,310 7,101,319,796 6,906,373,448 44,200,789 41
5
September 25,2012
Consider an ordinance amending Section 22.02.001, Water Service Rates and Section 22.02.002,
Wastewater Service Rates of the Code of Ordinances to increase rates by five percent(5%)
effective October 1, 2012
RICH WITH OPPORTUNITY
111'EA,UMON
�
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 25, 2012
REQUESTED ACTION: Council consider an ordinance amending Section
22.02.001, Water Service Rates and Section 22.02.002,
Wastewater Service Rates of the Code of Ordinances to
increase rates by five percent(5%) effective October 1,
2012.
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 five percent(5%)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.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
WatmfSewer Rate Increase
October 1, 2012
Minimum Monthly Rats
Water
inside City Outside city
Meter Current Proposed Current Proposed
SizeAnches Rate Rate Rate Rate
518 $ 10.84 $ 11.38 $ 16.28 $ 17.09
1 12.00 12.60 18.00 18.90
11/2 13.17 13.83 19.73 20.72
2 16.43 17.25 24.66 25.89
3 33.38 35.05 50.09 52.59
4 40.47 42.49 60.70 63.74
6 72.95 76.60 109.39 114.86
8 100.33 105.35 150.48 158.00
10 138.07 144.97 207.11 217.47
12 172.12 180.73 258.19 271.10
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum
Gallons
Over 1,000 Gallons
$Per 1000 Gallons $ 3.67 $ 3.85 $ 5.50 $ 5.78
Surer
Inside g& Outside City
Meter Current Proposed Current Proposed
Size/Inches Rate Rate Rate Rate
5/8 $ 6.92 $ 7.27 $ 10.37 $ 10.89
1 7.05 7.40 10.55 11.08
11/2 7.16 7.52 10.72 11.26
2 7.78 8.17 11.65 12.23
3 8.80 9.24 13.19 13.85
4 12.89 13.53 19.35 20.32
6 21.13 22.19 31.65 33.23
8 25.81 27.10 38.74 40.68
10 3521 36.97 52.80 55.44
12 44.59 48.82 66.86 70.20
Usage Rate
First 1,000 Minimum Minimum Minimum Minimum
Gallons
Over 1,000 Gallons
$Per 1000 Gallons $ 329 $ 3.45 $ 4.99 $ 5.24
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 1,2012; PROVIDING FOR
REPEAL; AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY COUNCIL
OF 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, 2012, 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 Size/Inches Inside City Rate Outside City Rate
5/8 $11.38 $ 17.09
1 12.60 18.90
1 1/2 13.83 20.72
2 17.25 25.89
3 35.05 52.59
4 42.49 63.74
6 76.60 114.86
8 105.35 158.00
10 144.97 217.47
12 180.73 271.10
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $3.85 $5.78
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, 2012, 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 $ 7.27 $ 10.89
1 7.40 11.08
1 1/2 7.52 11.26
2 8.17 12.23
3 9.24 13.85
4 13.53 20.32
6 22.19 33.23
8 27.10 40.68
10 36.97 55.44
12 46.82 70.20
Usage Rate First 1,000 Gallons Minimum Minimum
Over 1,000 Gallons
$ Per 1000 Gallons $3.45 $5.24
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 25th day of
September, 2012.
- Mayor Becky Ames -
6
September 25,2012
Consider an ordinance approving a zone change from RCR(Residential Conservation and
Revitalization) District to NC (Neighborhood Commercial) District and a specific use permit to
allow a sno-cone stand in an NC (Neighborhood Commercial)District at the northeast corner of
Franklin and Avenue A
RICH WITH OPPORTUNITY
T • E
BEA* x UMON*. A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
(f S3
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance approving a zone change
from RCR(Residential Conservation and Revitalization)
District to NC (Neighborhood Commercial) District and a
specific use permit to allow a sno-cone stand in an NC
(Neighborhood Commercial) District at the northeast corner
of Franklin and Avenue A.
BACKGROUND
Yolanda Conner has applied for a zone change and a specific use permit.
Ms. Conner states that the sno-cone stand will from operate 11 a.m. to 7 p.m., Monday-
Saturday. The business will have up to two employees. A sidewalk exists to the east of the
subject property and a partial sidewalk is located at the northwest corner of the property. Five
foot wide sidewalks will be required along both Avenue A and Franklin Avenue.
At a Joint Public Hearing held September 17, 2012,the Planning Commission recommended
approval 8:0 of the zone change from RCR(Residential Conservation and Revitalization)
District to NC (Neighborhood Commercial) and a specific use permit to allow a sno-cone stand
subject to the following conditions:
1. A 5'wide sidewalk shall be installed along both Avenue A and Franklin Avenue.
2. Shift the parking spaces to allow for 6'wide landscape beds along the parking lot
frontages along Avenue A and Franklin Avenue.
and with a modification to the landscaping requirement along the north property line (a 6'wide
landscape bed).
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following conditions:
1. A 5'wide sidewalk shall be installed along both Ave. A and Franklin Ave.
2. Shift the parking spaces to allow for 6'wide landscape beds along the parking lot
frontages along Avenue A and Franklin Avenue.
and with a modification to the landscaping requirement along the north property line (a 6'wide
landscape bed).
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SNO-CONE STAND IN A NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT AT THE
NORTHEAST CORNER OF FRANKLIN STREET AND
AVENUE A, IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
WHEREAS, Yolanda Conner has applied for a specific use permit to allow a sno-
cone stand in a NC(Neighborhood Commercial) District at the northeast corner of Franklin
Street and Avenue A, being the West 90' of Lots 131 and 132 less the North 2', Block 11,
Crary Addition, City of Beaumont, Jefferson County, Texas, containing 0.20 acres, more
or less, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
sno-cone stand to operate from 11:00 a.m. to 7:00 p.m., Monday - Saturday, in a NC
(Neighborhood Commercial) District at the northeast corner of Franklin Street and Avenue
A, subject to the following conditions:
• A 5' wide sidewalk shall be installed along both Avenue A and Franklin
Avenue.
• Shift the parking spaces to allow for 6' wide landscape beds along the
parking lot frontages along Avenue A and Franklin Avenue; and,
with the modification to the landscaping requirement along the north property line(a 6'wide
landscape bed); and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
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,
Section 1.
That a specific use permit to allow a sno-cone stand to operate from 11:00 a.m. to
7:00 p.m., Monday - Saturday, in a NC (Neighborhood Commercial) District at the
northeast corner of Franklin Street and Avenue A, being the West 90'of Lots 131 and 132
less the North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas,
containing 0.20 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby
granted to Yolanda Conner, her legal representatives, successors and assigns, as shown
on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the
following conditions:
• A 5' wide sidewalk shall be installed along both Avenue A and Franklin
Avenue.
• Shift the parking spaces to allow for 6' wide landscape beds along the
parking lot frontages along Avenue A and Franklin Avenue; and,
with the modification to the landscaping requirement along the north property line(a 6'wide
landscape bed).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
File 2142- : Request for a zone change from RCR(Residential Conservation and N
Revitalization) District to NC(Neighborhood Commercial) District and a specific use
permit to allow a sno-cone stand in an NC(Neighborhood Commercial)District.
cation: Northeast comer of Franklin and Avenue A
Applicant: Yolanda Conner
0 100 200
I I I Feet
Legend
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EXHIBIT "A"
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SITE PLAN
ScME: 1'=io'
CRARY SUBDIVISION
W. 90'LOTS 131 &132
LESS NORTH 2'-BLOCK 11
BEAUMONT, TX
*Approval subject to the following conditions:
I. A 5'wide sidewalk shall be installed along both Ave.A and Franklin Ave.
2. Shift the parking spaces to allow for 6'wide landscape beds along the parking lot frontages
along Avenue A and Franklin Avenue.
and with a modification to the landscaping requirement along the north property line(a 6'wide landscape bed).
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RCR (RESIDENTIAL
CONSERVATION AND REVITALIZATION) DISTRICT TO NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
FRANKLIN STREET AND AVENUE A, BEAUMONT,
JEFFERSON COUNTY, TEXAS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 28 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 28.01.005(b)thereof, is hereby amended by changing the
zoning of property presently zoned RCR (Residential Conservation and Revitalization)
District to NC (Neighborhood Commercial) District for property located on the northeast
corner of Franklin Street and Avenue A, being the West 90' of Lots 131 and 132 less the
North 2', Block 11, Crary Addition, City of Beaumont, Jefferson County, Texas, containing
0.20 acres, more or less, as shown in Exhibit "A" attached hereto, and the official zoning
map of the City of Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations of the underlying zoning district as well as those
regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as
amended.
Section 3.
That if any section, subsection, sentence, clause of phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
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 Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
File 2142- : Request for a zone change from RCR(Residential Conservation and N
Revitalization) District to NC(Neighborhood Commercial) District and a specific use
permit to allow a sno-cone stand in an NC(Neighborhood Commercial)District.
Location: Northeast comer of Franklin and Avenue A
Applicant: Yolanda Conner
0 100 200
1 I 1 Feet
7- Legend
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RGR RC
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EXHIBIT "A"
7
September 25,2012
Consider an ordinance approving a specific use permit to allow a child day care in an RS
(Residential Single Family Dwelling) District at 8375 Homer
RICH WITH OPPORTUNITY
BEA,UMON*
T • E o x • A • s Ci Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
CSC
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance approving a specific use
permit to allow a child day care in an RS (Residential
Single Family Dwelling) District at 8375 Homer.
BACKGROUND
Rhonda Savoy has applied for a specific use permit.
Ms. Savoy states that she owns Zippity Zebra Licensed Child Day Care Home. Several years
ago, Ms. Savoy operated a child care in her home at 8375 Homer. She is now seeking a specific
use permit to reopen a child care facility for up to twelve children.
Based upon the parents' needs, the day care facility will typically operate Monday- Friday, 6
a.m. to 6 p.m. Evening care will run from 6 p.m. to 6 a.m. Ms. Savoy will provide 24 hour care
on weekends and all school holidays. An additional employee will assist Ms. Savoy when six or
more children are on the premises.
At a Joint Public Hearing held September 17, 2012,the Planning Commission recommended
approval 8:0 of the specific use permit subject to the following condition:
1. If the specific use permit is approved, Ms. Savoy must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must
comply with all of the required codes of the City of Beaumont
and with the modification to the landscaping/screening requirements along the north, south and
west property lines (4'tall chain link fence and no 10'wide landscape strip).
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance subject to the following condition:
I. If the specific use permit is approved, Ms. Savoy must apply for a certificate of
occupancy. Prior to the issuance of the certificate of occupancy, Ms. Savoy must
comply with all of the required codes of the City of Beaumont
and with the modification to the landscaping/screening requirements along the north, south and
west property lines (4'tall chain link fence and no 10'wide landscape strip).
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A CHILD DAY CARE FACILITY IN A RS
(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT AT
8375 HOMER DRIVE, IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, Rhonda Savoy has applied for a specific use permit to allow a child day
care facility in a RS (Residential Single Family Dwelling) District at 8375 Homer Drive,
being the South 65' of Lot 14, Block 10, Suburban Acres Unit 2, City of Beaumont,
Jefferson County, Texas, containing 0.29 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
child day care facility in a RS (Residential Single Family Dwelling) District at 8375 Homer
Drive, subject to the following condition:
• Ms. Savoy must apply for and receive a certificate of occupancy. Prior to the
issuance of the certificate of occupancy, Ms. Savoy must comply with all of
the required codes of the City of Beaumont; and,
with the modification to the landscaping/screening requirements along the north,south and
west property lines (4' tall chain link fence and no 10' wide landscape strip); and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED
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,
Section 1.
That a specific use permit to allow a child day care facility in a RS (Residential
Single Family Dwelling) District at 8375 Homer Drive, being the South 65' of Lot 14, Block
10, Suburban Acres Unit 2, City of Beaumont, Jefferson County, Texas, containing 0.29
acres, more or less, as shown on Exhibit'A,"attached hereto, is hereby granted to Rhonda
Savoy, her legal representatives, successors and assigns, as shown on Exhibit "B,"
attached hereto and made a part hereof for all purposes, subject to the following condition:
• Ms. Savoy must apply for and receive a certificate of occupancy. Prior to the
issuance of the certificate of occupancy, Ms. Savoy must comply with all of
the required codes of the City of Beaumont; and,
with the modification to the landscaping/screening requirements along the north,south and
west property lines (4' tall chain link fence and no 10' wide landscape strip).
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
- : Request fora specific use permit to allow a child day care in an RS N
(Residential Single Family Dwelling) District.
Location: 8375 Homer
Applicant: Rhonda Savoy
0 100 200
i I I Feet
Legend
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EXHIBIT "A"
N. 66.67' OF LOT 6 ~ REF BEMNG PER PLAT Y
LA'TISHA M.JACOBS (CALL N3Y31'30'E 65. ') LQi 7
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Tj 0 30' M. SETBACK LINE % S. 35'OF 13&THE
4" rn PER VOL 968 PG. 274 N. 35' OF 14
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N rn • FND S542SI7"E 29.88'
(CALL N5428'30W 30.00')
N 0 a FND N54'27 23'W 30.04' HOMER DRIVE FOR REFERENCE
FOR REFERENCE MC.
O 1 vV� CORNER
U N 0 'a HOMER DRIVE FND S35-31,'29°k 64.92' co 16
y y.,, 04— (60'R.O.W.) (CALL 53531'30 65.00
3 '0 F0 0 ,�� TO THE LEWHOLDERS AND THE OWNERS OF THE PREMISES 8375 HOMER DANE
SURVEYED Ate TO THE CWAGO TITLE INSURANCE COMPANY BEAUdIONT TEXAS 77708 .
v �+i +' THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY The South Sixty-five feet of Lot Number
I-P U O C3 WAS 7MS DAY MADE ON THE GROUND OF THE PROPERTY Fourteen (S. 65'of 14).in Block Number Ton Cd N p, = O A LEGALLY DESCRf8E0 HEREON AND LS CORRECT.AND (10)
of ant, Jefferson ACRES UNIT 2 to the City
OM U 7NAT THERE ARE NO DISCREPANCIES, CONFLICTS. SHORTAGES of Beaumont, Jefferson County, Texas, as the
0 � � U -. IN AREA, BOUNDARY LINE CONFLICTS. ENCROACHMENTS, some appears upon the mop or.plot thereof,
U OVER-LAPPING or IWPROVEMENTS. EASEMENIS OR on file and of record fn Vol. 7 page 193 Map
U 4�y U -+ + RIGHTS-OF-WAY EXCEPT AS SHOWN HEREON, AND THAT SAID _Records of Jefferson County, Texas.
O �-+ O b PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY.
-' 0 ALL Fil5E1fENTS SHOWN AND NOTED PER SOUTHFAST TOMS �,.� .TF Owner. Rhonda Savoy
rn COMPANY C.F. No.7SET52016C �R;;�o�s T FRF;ty Census Tract: 1.02
rn
a� :e o;N in accordance with the
DATE SURVEYED' AtAY 14, 2003 Flood Hazard Bounds Mo
r,
^" M.W.WHCfELEY.., ry p'
•t; �, .. T Deportment of Housing an
Urban Development.
S �0.•'�� Community No.: 485457
Q •••�JQi Panel No.: 0045 C
x Dale of FIRM: 08-06-01
This property lies in Zone 7C"(white).
Location on mop determined by scale
MARK W. WHRELEY - REGISTERED PROFESSIONAL LAND SURVEYOR o. 636 on map. Actual field elevotion not
determined. Mork W. Whiteley and
Assaclates does not warrant nor
MARK W. WHITELEY p, 0. BOX 5492
subscribe to the accuracy or scale
AND ASSOCIATES BEAUMONT, TSIULS 77728-5492 of said mops
INCORPORATED 409-092-0421 Zone X'(white) are areas determined to be
CONSULTING ENGINEERS, outside 500-year flood plain.
SURVEYORS. AND PLANNERS 3250 EASTER FRWY. ®1003 Yak W.whacky&Aeodolex kc.
BBAUMONT. TEXAS 77703 ink document os m mtnrnanl d profeseael sarca a ae 1xWenY
u » m (FAX) 409-892-1346 of Yak W.Whaley a Auodete&ke and k nW to be used,repoeuad.
EXHIBIT B W:\2003\D3-31303-313.dwg vat nlhwt V..�al�n ouBoniobon ar
Yak W.wti.•teky a Aeeecktei,kic;
S
September 25,2012
Consider an ordinance approving amendments to the Zoning Ordinance, Sec. 28.03.023 (e), Sec.
28.04.008(28), Sec. 28.04.008(29), Sec. 28.01.004(b)and Sec. 28.03.020(b) and to the
Subdivision and Site Development Regulations, Sec. 26.03.004 and Sec. 26.04.002
RICH WITH OPPORTUNITY
11EAUM0N*
T • E `. x • A • S City g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
C�
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance approving amendments to
the Zoning Ordinance, Sec. 28.03.023 (e), Sec.
28.04.008(28), Sec. 28.03.02(e), Sec. 28.04.008(29), Sec.
28.01.004(b) and Sec.28.03.020(6) and to the Subdivision
and Site Development Regulations, Sec. 26.03.004 and Sec.
26.04.002.
BACKGROUND
Staff is recommending that a number of amendments be made to the Zoning Ordinance and
Subdivision and Site Development Regulations. Amendments to the Zoning Ordinance reflect
clarifications. Amendments to the Subdivision and Site Development Regulations reflect
changes to the time limit allowed for the installation of sidewalks and to alternatives to the
completion of improvements as it pertains to sidewalks, all as part of the platting process.
The recommended amendments are as follows:
Sec. 26.03.004, Sidewalks
Amendment:
A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk
requirements for that lot are met. When platting, sidewalks shall be installed befbm the
final plat may be filed or a boird ot casir payment as aflowed by section 26.04.062(i)orf2)
may bc provided that guarantecs the sidewalk vv ill be instafled prior to the final building
inspection. If the lot is not developed within two(2)five (5)years of the recordation of
the final plat, the current property owner shall construct the sidewalk. A building permit
includes the construction of any sidewalk that my be required for that lot. Sidewalks with a
idth of four(4)-feet shall be constructed under the following conditions:
1. Residential.
(A) To complete an existing sidewalk system.
(B) Within new subdivisions.
(C) On all arterial and collector streets.
(D) On all"safe school routes". "Safe school routes" shall be those
which have been developed and designated by the planning and
zoning commission with necessary assistance from the transportation
division and appropriate affected school authorities.
(E) Sidewalks shall have a minimum width of four(4)feet if built a
minimum distance of two (2)feet from the back of the curb.
Sidewalks constructed at the back of the curb shall have a
minimum width of five (S)feet.
2. Commercial and industrial.
(A) To complete an existing sidewalk system.
(B) Within new subdivisions.
(C) On all arterial and collector streets.
(D) On all"safe school routes". "Safe school routes" shall be those
which have been developed and designated by the planning and
zoning commission with necessary assistance from the transportation
division and appropriate affected school authorities.
(E) Sidewalks shall have a minimum width of five (S)feet.
3. The planning and zoning commission may grant a waiver to the sidewalk
requirement if the applicant can prove that there is an engineering reason for
not installing a sidewalk.
Sec. 26.04.002,Alternatives to completion of improvements.
Amendment:
In lieu of requiring the completion of all improvements, except sidewalks (see (S) below),
prior to the approval and the recording of the final plat,the City Manager or his designee
may, at his discretion, enter into an agreement with the subdivider whereby the subdivider
shall provide one of the following guarantees:
1. The applicant shall post cash, a payment of performance bond, or an
irrevocable letter of credit payable to the City of Beaumont in an amount
equal to 130%of the estimated cost. This amount shall include the City's
cost of administering the completion of the improvement in the event the
subdivider defaults as provided herein. The security shall be deposited with
the City or in escrow with a bank at the option of the City. Such bond or
letter of credit shall comply with all statutory requirements and shall be
satisfactory to the City Attorney as to form, sufficiency, and manner of
execution as set forth in these regulations. The period within which required
improvements must be completed shall be specified by the City Manager or
his designee and shall be incorporated in the bond or letter of credit. In
those cases where a bond or letter of credit has been posted and the required
improvements have not been installed within the terms of the bond or letter
of credit,the government body may thereupon declare the bond or letter of
credit in default and require that all of the improvements be installed.
2. If a bank escrow is chosen,or if a letter of credit is submitted,the subdivider
shall file with the city an agreement between the bank and the subdivider
guaranteeing the following:
1. That the funds of said escrow account shall be held in trust until
released by the city and may not be used or pledged by the
subdivider as security in any other matter during that period; and
2. That in the case of a default on the part of the subdivider,the bank
shall immediately make the escrowed funds available to the city for
use in the completion of the required improvements.
3. In those cases where improvement guarantees have been made under the
provisions of this section,the amount of the required guarantee may be
reduced by the city manager upon acceptance of the dedicated portion of the
required improvements. The amount of the reduction shall not exceed the
percentage which the newly accepted improvements are of all originally
required improvements. In no case,however, shall the guarantee be reduced
to less than fifteen(15)percent of the original amount. Upon acceptance of
the dedication of the final portion of improvements, the city shall authorize
the release of the remaining portion of the improvement guarantee.
4. Connections to city utilities shall not occur until all improvements, except
for sidewalks, have been accepted by the city and the final plat has been
approved and recorded.
5. On collector and higher classification streets, except for residential
streets, sidewalks are required prior to the approval and recordation of
the final plat. On non-major streets, in lieu of requiring sidewalks prior to
the approval and recording of the final plat, the subdivider will place a
note on the plat that sidewalks are required prior to the final building
inspection and will deed restrict each lot requiring the owner of each lot
to construct the sidewalk prior to the completion of the structure and the
final building inspection. At all street intersections, sidewalk ramps will
be built to meet ADA requirements prior to the approval and recordation
of the final plat.
Sec. 28.01.004(b),Definitions
Amendment:
f m}y Community home. A residential home for no more than six(6)disabled persons and
two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated,
Human Resources Code, Chapter 123.
Sec. 28.03.020(b),Urban Corridor Overlay District Regulations,Definitions
Amendment:
Sign.portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Sec. 28.03.023(e), Permitted Use Table
Amendment: Add Special Condition 28 to SIC Group 703
Sec. 28.04.008(28)
Amendment:
28. Living in recreational vehicles shall not be permitted except in designated
recreational vehicle parks.
Sec. 28.03.023(e), Permitted Use Table
Amendment: Add Special Condition 29 to SIC Group 5813
Sec. 28.04.008(29)
Amendment:
29. For the purpose of this ordinance, bottle clubs, which shall be defined as social
meeting places where patrons are served drinks from their own bottles of
alcoholic beverages shall be classified under SIC Group 5813, Drinking Places.
This definition shall not include eating places that serve individuals from the
individual's own bottle or private stock.
At a Joint Public Hearing held September 17, 2012, the Planning Commission recommended
approval 8:0 of the following:
Sec. 26.03.004, Sidewalks
Amendment:
A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk
requirements for that lot are met. When platting, sidewalks shall be installed before the
fmal plat jinay be filed ot a bond ot cash payment as allowed by section 26.04.002(i)ort2)
may be providcd drM gamantees the sidewalk will be instai prior to the final building
inspection. If the lot is not developed within two-(-2)five (S)years of the recordation of
the final plat, the current property owner shall construct the sidewalk. A building permit
includes the construction of any sidewalk that my be required for that lot. Sidewalks with a
infi-timmn width of fbur(4)-feet shall be constructed under the following conditions:
1. Residential.
(A) To complete an existing sidewalk system.
(B) Within new subdivisions.
(C) On all arterial and collector streets.
(D) On all"safe school routes". "Safe school routes" shall be those
which have been developed and designated by the planning and
zoning commission with necessary assistance from the transportation
division and appropriate affected school authorities.
(E) Sidewalks shall have a minimum width offour(4)feet if built a
minimum distance of two (2)feet from the back of the curb.
Sidewalks constructed at the back of the curb shall have a
minimum width of five (S)feet.
2. Commercial and industrial.
(A) To complete an existing sidewalk system.
(B) Within new subdivisions.
(C) On all arterial and collector streets.
(D) On all"safe school routes". "Safe school routes"shall be those
which have been developed and designated by the planning and
zoning commission with necessary assistance from the transportation
division and appropriate affected school authorities.
(E) Sidewalks shall have a minimum width of five (S)feet.
3. The planning and zoning commission may grant a waiver to the sidewalk
requirement if the applicant can prove that there is an engineering reason for
not installing a sidewalk.
Sec. 26.04.002,Alternatives to completion of improvements.
Amendment:
In lieu of requiring the completion of all improvements,except sidewalks (see (S) below),
prior to the approval and the recording of the final plat,the City Manager or his designee
may, at his discretion, enter into an agreement with the subdivider whereby the subdivider
shall provide one of the following guarantees:
1. The applicant shall post cash, a payment of performance bond, or an
irrevocable letter of credit payable to the City of Beaumont in an amount
equal to 130% of the estimated cost. This amount shall include the City's
cost of administering the completion of the improvement in the event the
subdivider defaults as provided herein. The security shall be deposited with
the City or in escrow with a bank at the option of the City. Such bond or
letter of credit shall comply with all statutory requirements and shall be
satisfactory to the City Attorney as to form, sufficiency, and manner of
execution as set forth in these regulations. The period within which required
improvements must be completed shall be specified by the City Manager or
his designee and shall be incorporated in the bond or letter of credit. In
those cases where a bond or letter of credit has been posted and the required
improvements have not been installed within the terms of the bond or letter
of credit,the government body may thereupon declare the bond or letter of
credit in default and require that all of the improvements be installed.
2. If a bank escrow is chosen,or if a letter of credit is submitted,the subdivider
shall file with the city an agreement between the bank and the subdivider
guaranteeing the following:
1. That the funds of said escrow account shall be held in trust until
released by the city and may not be used or pledged by the
subdivider as security in any other matter during that period; and
2. That in the case of a default on the part of the subdivider,the bank
shall immediately make the escrowed funds available to the city for
use in the completion of the required improvements.
3. In those cases where improvement guarantees have been made under the
provisions of this section,the amount of the required guarantee may be
reduced by the city manager upon acceptance of the dedicated portion of the
required improvements. The amount of the reduction shall not exceed the
percentage which the newly accepted improvements are of all originally
required improvements. In no case,however, shall the guarantee be reduced
to less than fifteen(15)percent of the original amount. Upon acceptance of
the dedication of the final portion of improvements,the city shall authorize
the release of the remaining portion of the improvement guarantee.
4. Connections to city utilities shall not occur until all improvements, except
for sidewalks, have been accepted by the city and the final plat has been
approved and recorded.
5. On collector and higher classification streets, except for residential
streets, sidewalks are required prior to the approval and recordation of
the final plat. On non-major streets, in lieu of requiring sidewalks prior to
the approval and recording of the final plat, the subdivider will place a
note on the plat that sidewalks are required prior to the final building
inspection and will deed restrict each lot requiring the owner of each lot
to construct the sidewalk prior to the completion of the structure and the
final building inspection. At all street intersections, sidewalk ramps will
be built to meet ADA requirements prior to the approval and recordation
of the final plat.
Sec. 28.01.004(b), Definitions
Amendment:
p CommuniV home. A residential home for no more than six(6)disabled persons and
two (2) staff persons and meeting all of the requirements of Vernon's Code Annotated,
Human Resources Code, Chapter 123.
Sec. 28.03.020(b), Urban Corridor Overlay District Regulations,Definitions
Amendment:
Sign. portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Sec. 28.03.023(e),Permitted Use Table
Amendment: Add Special Condition 28 to SIC Group 703
i
Sec. 28.04.008(28)
Amendment:
28. Living in recreational vehicles shall not be permitted except in designated
recreational vehicle parks.
Sec. 28.03.023(e), Permitted Use Table
Amendment: Add Special Condition 29 to SIC Group 5813
Sec. 28.04.008(29)
Amendment:
29. For the purpose of this ordinance, bottle clubs, which shall be defined as social
meeting places where patrons are served drinks from their own bottles of
alcoholic beverages shall be classified under SIC Group 5813, Drinking Places.
This definition shall not include eating places that serve individuals from the
individual's own bottle or private stock.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
i
ZAP Districi'. Permitted Primary i3ses
Rm I - RCR- GCS GC- SIC Par-king Special
AR R-S M ; RCR H NC NSC =i MD-2 CBD C LI M PUD Group Groap Coed
fi
P x if P O1 AGRICULTURAL 40
ti PRODUCTION—
CROPS(except as
noted
P. 5 P P P S S P P P S 018 Horticultural 8
Specialties(including
retail sales)
P P 02 AGRICULTURAL 15
PRODUCTION—
LIVESTOCK
P P P P S 07 AGRICULTURAL 7
SERVICES(except as
noted)
P S P P P S S P P P S 074 Veterinary Services 14 17
P S S S S S P P P S 0752 Kennels 14 17
S P P S S P P P S 076 Farm Labor and .14
Management Services
(except as noted)
P __. S S P P S P P P P S 078 Landscape/ 14
Horticultural Services
(except as noted)
P S S S P P P S 0782 Lawn and Garden 14
Services
P S S S P I P P I S 10783 Tree Services 7
P 08 FORESTRY 6
P 09 FISHING,HUNTING 7
AND TRAPPING
28-73 Supp.No.2
Beaumont Code of Ordinances Chanter 28•Zoninz
Zonin g District Permitted Primary Usesr
RM-RM- RCR- GC- GC- SIC Parking Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI I HI PUD Group Group Cond.
S P 110 METAL MINING 7
P P P P P P P P P P S P P P P 13 OIL AND GAS 7
EXTRACTION
S P 14 MINING AND 7
QUARRYING OF
NONMETALLIC
MINERALS,EXCEPT
-- ---— --- - FUELS
S S S P P P S 15 BUILDING 7 23
CONSTRUCTION–
GENERAL
CONTRACTORS
S S S P P P S 16 HEAVY 7 23
CONSTRUCTION
OTHER THAN
BUILDING
CONSTRUCTION
S S S P P P S CONSTRUCTION– 7 23
SPEb AL TRADE
CONTRACTORS
S S P 20 FOOD AND 7 18
KINDRED
PRODUCTS(except
as noted)
S P P 2013 Sausage and Other 7 18
Prepared Meat
Products
S P P 1202 Dairy Products 7 18
S P P 203 Canned and Preserved 7 18
Fruit and Vegetables
S P P 2045 Prepared Flour Mixes 7 18
and Doughs
S S I P P P1 P 205 Bakery Products 7 18
S S P P P P 2064 Candy and Other 7 18
-67 Confectionery
Products
S P P 2085 Distilled and Blended 7 18
Liquors
S P P 2086 Bottled and Canned 7 18
Soft Drinks and
Carbonated Waters
S P P 2087 Flavoring Extracts and 7 18
Syrups,not elsewhere
classified
S P P 209 Miscellaneous Food 7 18
Preparations and
Kindred Products
S P P 21 TOBACCO 7 18
PRODUCTS
S P P 22 TEXTILE MILL 7 18
PRODUCTS
28-74 Supp.'No.2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning Distrito Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parking Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI M PUD
Group Group Cond.
S P P P 23 APPAREL AND 7 18
OTHER FINISHED
PRODUCTS MADE
FROM FABRICS
AND SIMILAR
MATERIALS
S P 24 LUMBER AND 7 18
WOOD PRODUCTS,
_ EXCEPT — - —- ---
FURNITURE(except
as noted)
S P P 243 Millwork,Veneer, 7 18
Plywood,and
Structural Wood
Members
S P P 244 Wood Containers 7 18
S P P 2499 Wood Products,Not 7 18
Elsewhere Classified
S P P 25 FURNITURE AND 7 18
FIXTURES
S P 26 PAPER AND ALLIED 7 18
q` PRODUCTS(except
as noted)
S P P 265 Paperboard Containers 7 18
and Boxes
S P P 267 Converted Paper and 7 18
Paperboard Products,
except containers and
boxes
S S S P P P 27 PRINTING, 7
PUBLISHING AND
ALLIED
INDUSTRIES
S P 28 CHEMICALS AND 7
ALLIED PRODUCTS
(except as noted)
S P P 283 Drugs 7
S 2892 Explosives 7
S P 29 PETROLEUM 7
REFINING AND
RELATED
INDUSTRIES(except
as noted
S S P 295 Temporary Batching 7 10
Plants
S P 30 RUBBER AND 7 18
MISCELLANEOUS
PLASTIC
PRODUCTS
28-75 Supp.No. 2
Beaumont Code of Ordinances Chanter 28•Zoning
Zoning District Permitted Primary Uses
RM-RM- CR- GC- GC- SIC Parking Special
A-R R-S M D RCR R NC NSC MD MD-2 CBD C-M LI HI PUD Group Group Cond.
S P P 31 LEATHER AND 7 18
LEATHER
PRODUCTS(except
as noted)
S P 311 Leather Tanning and 7 18
Finishing
S P P 32 STONE,CLAY, 7 18
GLASS AND
– — CONCRETE.
PRODUCTS(except
as noted)
S I P I P 324 Cement,Hydraulic 7 18
S P P 327 Concrete,Gypsum and 7 18
Plastic Products
(except as noted)
S S P 3273 Temporary Batching 7 18
Plant
S P 329 Abrasive,Asbestos, 7 18
and Miscellaneous
Nonmetallic Mineral
Products
S P 33 PRIMARY METAL 7
INDUSTRIES
S P P 34 FABRICATED 7 18
METAL PRODUCTS,
EXCEPT
MACHINERY AND
TRANSPORTATION t
EQUIPMENT(except
as noted
S P 3441 Fabricated Structural 7 18
Steel
S P 3443 Fabricated Plate Work 7 18
Boiler Shops)
S P 346 Metal Forgings and 7 18
Stampings
S P 348 Ordnance and 7 18
Accessories except
Vehicles and Guided
Missiles
S P 349 Miscellaneous 7 18
Fabricated Metal
Products
35 INDUSTRIAL AND 18
COMMERCIAL
MACHINERY AND
COMPUTER
EQUIPMENT(as
noted
S 1351 Engines and Turbines 7 18
S P 3523 Farm Machinery and 7 18
ui ent
V
28-76 Supp. No. 2
Beaumont Code of Ordinances Chapter 28 Zoninz
Zoning District Permitted Primary Uses
RM-RM- RCR- GC-.GC- SIC Parking Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD
Group Group Cond.
S P P 3524 Garden Tractors and 7 18
Lawn and Garden
Equipment
S P 353 Construction,Mining 7
and Materials Handling
Machinery and
Equipment
S P P 354 Metalworking 7 18
Machinery and
Equipment -
-- S P-,--P- — 355—Special industrial 7 18
Machinery Except
Metalworking
Machines
S P 356 General Industrial 7 18
Machinery and
Equipment
S S P P 357 Computer and Office 7 18
Equipment
S P P 358 Refrigeration and 7 18
Service Industry
Machinery
S P P 359 .Miscellaneous 7 18
Industrial and
Commercial
Machinery and
. Equipment
1
S S S P P P 36 ELECTRONIC AND 7
OTHER
ELECTRICAL
EQUIPMENT
S P 37 TRANSPORTATION 7 18
EQUIPMENT(except
as noted
S P P P S 3732 Boat Building and 7
Repair
S S S P P P 38 MEASURING, 7
ANALYZING,AND
CONTROLLING
INSTRUMENTS;
PHOTOGRAPHIC;
MEDICAL AND
OPTICAL GOODS;
WATCHES AND
CLOCKS
ITS S S S P P 39 MISCELLANEOUS 7
MANUFACTURING
INDUSTRIES
S S S P P P I S 40 RAILROAD 7
TRANSPORTATION
28-77 Supp.No.2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parldng Special
A-R R•S M H RCR D NC NSC MD M062 CBD C-M LI HI PUD Group Group Cond.
S S S P P P S 41 LOCAL,SUBURBAN 7
TRANSIT AND
INTERURBAN
HIGHWAY
PASSENGER
TRANSPORTATION
(except as noted)
P S S P P P S 4119 Local Passenger 7
Transportation,Not
—— -— Elsewhere Classified
S S S P P P S 42 MOTOR FREIGHT 20 20
TRANSPORTATION
AND
WAREHOUSING
S S P P P P S 4225 General Warehousing
and Storage
S P S P P P P S 43 U.S.POSTAL 7
SERVICE
S S P P S 44 WATER 7 18
TRANSPORTATION
S P P P S 45 TRANSPORTATION 7
BY AIR(except as
noted)
S S S S S S S S Heliport and Helisto s 41 16
P S P P S S P P P P S P P P S 46 PIPELINES,EXCEPT
NATURAL GAS
S S S P P P S 47 TRANSPORTATION 7
SERVICES(except as
noted)
S S I S S P S P P P P S 4724 Travel Agencies 14
S S P P S S P P P S 48 COMMUNICATIONS 7
S S S P P P S 49 ELECTRIC,GAS 7
AND SANITARY
SERVICE(except as
noted
P P P P P P P P P P P P P P P 4971 Irrigation Systems 7
S S S P P P S 50 WHOLESALE 8
TRADE—DURABLE
GOODS(except as
noted
S S P S 5015 Motor Vehicle Parts, 8
Used
S S P P P P S 5074 Plumbing and Heating
Equipment and S Is.
S S P S 5093 Scrap and Waste 8
Materials
28-78 Supp. No. 2
Beaumont Code of Ordinances Chapter 28•Zonis
Zoning District Permitted Primary Uses
RM•RM- RCR- GC- GC- SIC Parldng Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD
Group Group Cond.
S S S P P P S Sl WHOLESALE 8
TRADE-
NONDURABLE
GOODS(except as
noted)
S S P P I P P S 514 Groceries and Related
Products
S S P S 515 Fann Product-Raw 8
- - Materials
--- — = --- -- S S P S 5169 Chemicals and Allied 8
Products,Not
Elsewhere Classified
S S P P P P I S 518 Beer,Wine and
Distilled Alcoholic
Beverages
P P P S S P P P S 52 BUILDING 8 13
MATERIALS,
HARDWARE,
GARDEN SUPPLY
AND MOBILE HOME
DEALERS(except as
noted)
S S S S P I P P S 1527 Mobile Home Dealers 8
S P P P S S P P P S 53 GENERAL 13 13
MERCHANDISE
STORES
S P P P FS P P P P S 54 FOOD STORES 12 13
55 AUTO DEALERS 13
AND GASOLINE
SERVICE STATIONS
(except as noted)
P P S S P P P S 551 Motor Vehicle Dealers 24
New and Used
S P S S P P P S 552 Motor Vehicle Dealers 23
(Used Only)
S P P P S S P P P S 553 Auto and Home 13
Supply Stores
S S P P S S P P P S 554 Gasoline Service 38
Stations
P P S. S P P I P S 555 Boat Dealers 24
P P S S P P P S 556 Recreational and 24
Utility Trailer Dealers
P P S S P P P S 557 Motorc cle Dealers 14
S P S S P P P S 559 Auto Dealers,Not 23
Elsewhere Classified
S P P P S P P P P S 56 APPAREL AND 13 13
ACCESSORY
STORES
S P P P S P P P P S 57 HOME 14 13
FURNISHINGS,
FURNITURE,AND
EQUIPMENT
STORES
28-79 Supp.No. 2
Beaumont Code of Ordinances Chapter 28•Zoning
Zonin g District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parking Special
A-R R•S M H RCR Ii NC NSC MD MD-2 CBD C-M LI HI PUD Group Group Cond.
58 EATING AND 2
DRINKING PLACES
(as noted)
S S S P P S P P P P S 5812 Eating Places(Inc. 26(9) 11
CaiTy Out Caterers)
S S S S P P P S 5813 Drinking Places 26 29
S S S 2082 Brewprbs 26
S S S 2084 Wineries 26
59 --MISCELLANEOUS --- -- - 13
RETAIL(as noted)
S P P P S P P P P S 591 Drug Stores and 13
Propriety Stores
S P P S S P P P S 592 Liquor Stores 13
S P P P S P P P P S 593 Used Merchandise 14 21
Stores
S P P P S P P P P S 5941 Sporting Goods and 13
Bicycle Shops
S P P P S P P P P S 5942 Book Stores(General) 13
P P P 5942 Book Stores(Adult) 13 2
(including gifts and
novelties)
S P P P S P P P P S 5943 Stationery Stores 13
S P P P S P P P P S 5944 JSwe a Stores 13
S P - P P S P P P P S 5945 Hobby,Toy and Game 13
Shops
S P P P S P P P P S 5946 Camera-and 13
Photography Supply
Stores
S P P P S P P P P S 5947 Gift,Novelty and 13
Souvenir Stores
S P P P S P P P P S 5948 Luggage and Leather 13
Goods Stores
S P P P S P P P P S 5949 Sewing,Needlework 13
and Piece Goods
Stores
S P P P S P P P P S 596 Nonstore Retailers 7
S P P P S S P P I P S 598 Fuel Dealers 15
S P P P S S P P P S 599 Retail Stores,Not 13
Elsewhere Classified
S P P P S P P P P S 60 DEPOSITORY 14
INSTITUTIONS
S P P P S P P P P S 61 NONDEPOSI TORY 14
INSTITUTIONS
S S P P P S P P P P S 62 SECURITY AND 14
COMMODITY
BROKERS,
DEALERS,
EXCHANGES AND
SERVICES
S S S P P P S P P P P S 63 INSURANCE 14
CARRIERS
S S S P P P S P P P P S 64 INSURANCE 14
AGENTS,BROKERS
AND SERVICE
28-80 Supp.No. 2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning District Permitted Primary Uses
A-R R-S
RM-RM- RCR- GC- GC- SIC Parking Special
M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUT) "C
Group Cond.
S S S P P P S P P P P S 65 REAL ESTATE 14
(except as noted)
S S S S S S S S S S S S S S S 6553 Cemetery Subdivision 41
and Developers
(subject to state
statutes)
S S S P P P S P P P_ P S 67 HOLDING AND 14
-- OTHER INVEST.
- OFFICES ---
70 HOTELS,ROOMING
HOUSES,CAMPS,
AND OTHER
LODGING PLACES
(as noted
S P S S P P . P I S 701 Hotels,Motels and 1
Tourist Camps
S S S S S S S S 701 Bed and Breakfast 42 22
Facilities
S S S S S S S 702 Rooming and Boarding 1
Houses
S S S S S S S S S S S 703 Camps and 5
Recreational Vehicle 28
Parks
S, S S P S -S- S 704 -Organization Hotels 1
and Lodging Houses,
on Membership Basis
72 PERSONAL
SERVICES(as noted)
S P P P S S P P P S 7211 Power Laundries, 7
Family and
Commercial
S P P P S P P P P S 17212 Garment Pressing and 7
Agents for Laundries
and Dry Cleaning
S P P P S P P P P S 7213 Linen Supply 7
S S P P P S S P P P S 7215 Coin-Operated 39
Laundries and Dry
Cleaning
S P P P S S P P P S 7216 Dry Cleaning Plants 7
S P P P S S P P P S 7217 Carpet and Upholstery 7
Cleaning
S P I P PT S S P P P S 721.8 Industrial Launderers 7
S P P P S S P P P S 7219 Laundry and Garment 7
Services,Not
Elsewhere Classified
S S P P P S P P P P S 722 Photographic Studios, 14
Portrait
S S P P P S P P P P S 1723 Beauty Shops 11
S S P P P S P P P P P 1724 Barber Shops 11
S P P P S P P P P S 1725 Shoe Repair Shops, 13
Shoe Shine Parlors and
Hat Cleaning Shops
S S S S S S P P P S 726 Funeral Service and 25
Crematories
S P P P S I S I P I P P S 729 Misc.Personal 14
Services(except as
noted)
28-81 Supp.No. 2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parldng Special
A-R R-S M . H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD Group Group Cond.
P P P Massage Parlors 13 2
P P P Adult Modeling or 13 2
Photo Studio
73 BUSINESS
SERVICES as noted)
S S S P P P S P P P P S 7311 Advertising Agencies 14
S S S S S P P P S 7312 Outdoor Advertising 14
Services
S S S P P P S P P P P S 7313 Radio,Television and 7
Publishers'
Advertising
Representatives
S S P P P S P P P P S 7319 Advertising,Not 14
Elsewhere Classified
S S S P P P S P P P P S 732 Consumer Credit 14
Reporting Agencies,
Mercantile Reporting
Agencies and
Adjustment and
Collection Agencies
S S S P P P S P P P P S 733 Mailing,Reproduction, 14
Commercial Art and
Photography,and
Stenographic Services
S S S P P S S P I P P I S 734 Services to Dwellings 7
and Other_Buildings
S S S P -P P S- 735 Miscellaneous 7 13
Equipment Rental and
Leas' as noted)
S S P P P S P P P P S 7352 Medical Equipment 7 13
Rental and Leasing
S S S P P P S 7353 Heavy Const. 7 13
Equipment Rental and
Leasing
S S S P P P S 7359 Equipment Rental and 7 13
Leasing,Not
Elsewhere Classified
736 Personnel Supply
Services(as noted)
S S S S P P S P P P P S 7361 Fmpl o t Agencies 14
S S P I P I S S P P P S 7363 Help Supply Services 14
S S S P P S P P P P S 737 Computer and Data 14
Processing Services
and Other Computer
Related Services
S S S P P S S P P P S 738 Miscellaneous 14 13
Business Services
(except as noted)
S S S S P P S S P P P S 7389 Business Services,Not 7/14
Elsewhere Classified
(of a general office
character)
75 AUTOMOTIVE
REPAIR,SERVICES
AND PARKING(as
noted
S 4SP S S P P P S 751 Automobile Rental and 24
Leasing
S S S P P I P I S 1752 Automobile Parking 0 1 26
r
28-82 Supp.No. 2
Beaumont Code of Ordinances Chapter 28 Zoning
Zonin g District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parking Special
A-R R-S M D RCR II NC NSC 1\-ID MD-2 CBD C-M LI 1H PUD
Group Group Cond.
S S S P S S P P P S 7532 Top and Interior 19 9
Repair Shops
S S S P P P S 7532 Paint and Body Repair 19 9
Shops
S P P S P P P S 7533 Automotive Exhaust 19 9
System Repair Shops
S S S P P P —S T534 Tire Retreading Shops 19
S S P P S S P P P S 7534 Tirer Repair Shops 19
S P P S S P P P S 7536 Automotive Glass 19— 9
--
Replacement Shops —
S P P S P P P S 7537 Automotive-----_"=19— —_9__
Transmission Repair
Shops
S S P P S S P P P S 7538 General Automotive 19 9
Repair Shops
S S P P S S P P P S 7539 Automotive Repair 19 9
Shops,Not Elsewhere
Classified
S S P P S S P P P S 754 Automotive Services, 9 15
Except Repair
76 MISCELLANEOUS
REPAIR SERVICES
as noted)
S P P P S P P P P S 762 Electrical Repair Shop 13
S S P P P S P P P P S 763 Watch,Clock,and 13
Jewelry Repair
S S S P P S S P P P S 764 Reupholstery and 14
Furniture Repair
S S S P P P S 765 Welding Repair 7
S S S P P P S 7694 Armature Rewinding 7
Shop
S P P S S P P P S 7699 Repair Shops and 7
Related Services,Not
Elsewhere Classified
78 MOTION PICTURES 2
(as noted)
S S P P S P P P P S 781 Motion Picture 7
Production and Allied
Services
S S P P S P P P P S 782 Motion Picture Dist. 7
and Allied Services
S S P P S S P P P S 7832 Motion Picture 25
Theaters(except
Drive-In)
P P P 7832 Adult Motion Picture 25 2
Theaters
P S S P P P S 7833 Drive-in Motion 6
Picture Theaters
S P P P S P P P P S 7841 Video Tape Rental 14 2
79 AMUSEMENT AND 2
RECREATION
SERVICES,EXCEPT
MOTION PICTURES
(as noted)
S S S P P S P P P P _-S 791 Dance Studios, 14
Schools and Halls
S S P P S P P P P S 79T Theatrical Producers, 14
Bands,Orchestras and
Entertainers
28-83 Supp.No.2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parking Special
A-R R-5 M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD Group Group Cond.
S S P P S P I P P P S 793 Bowling Centers 32
S S P P P P S 794 Commercial Sports 25
S P P P S P P P P S 7991 Physical Fitness 14
Facilities
P P P P P P P P P S P P I P P 17992 Public Golf Courses 33
S S P P S P P P P S 1 7993 Coin-Operated 12
Amusement Devices
S P P S S P P P S 7996 Amusement Parks 41
S S S S S P P P S P P P P P 7997 Membership Sports 13
and Rec.Clubs
S --
_S_ _S---�_-.—S-.-- --__-- S P P S S P P P P--7999 Amusement and 26
Recreation Services,
Not Elsewhere
Classified
80 HEALTH SERVICES
(as noted)
S S S P P P S P P P P S 801 Offices and Clinics of 14
Doctors of Medicine
S S S P P P S P P P P S 802 Offices and Clinics of 14
Dentists
S S S P P P S P P P P S 803 Offices and Clinics of 14
Doctors.of Osteopathy
S S S P P P S P P P P S 804 Offices and Clinics of 14
Other Health
Practitioners Including
MassageMerapists
S S P P- P S P P P P S 805 Nursing and Personal 28
Care Facilities .
S S S S S S P P S P P P P S 806 Hospitals 28
S S P P P S P P P P S 807 Medical and Dental 7
Laboratories l
S S S P P P S P P P P S 808 Home Health Care 14
Facilities
S S S S S S P P P S P P P P S 809 Miscellaneous Health 18
and Allied Services,
Not Elsewhere
Classified
S S S P P P S P P P P S 81 LEGAL SERVICES 14
82 EDUCATIONAL
SERVICES(as noted)
S S S S S S S S S S P S S S S 1821 Elementary Schools 30
S S S S S S S S S S P I S S S S 1821 Secondary Schools 30/31
S P P S P P P P S 822 Colleges,Universities, 30/31
Professional Schools
and Junior Colleges
P S S P P P P P P S P P P P P 823 Libraries 8
S P P P S P P P P P 824 Vocational Schools 30/31
S P P P S P P P P S 829 Schools and 30/31
Educational Services,
Not Elsewhere
Classified
S S S P P P S S P P P S 83 SOCIAL SERVICES 41
(except as noted)
S S S S S S P P P S S P P P S 8351 Child Day Care 41
Services
I
28-84 Supp.No.2
Beaumont Code of Ordinances Chapter 28•Zoning
Zonino District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parldng Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD
Grou Group Cond.
P P S P I S S S 8361 Residential Care 41 19
(except as noted)
S S S S S S S Halfway Homes for 41 19
Delinquents and
Offenders
S S S P P P S P P P P S 84 MUSEUMS,ART 18
GALLERIES AND
_ BOTANICAL AND
ZOOLOGICAL --
- ---GARDENS
86 MEMBERSHIP
ORGANIZATIONS
(as noted)
S S S P P S P P I P P S 1861 Business Associations 14
S S S P P S P P P P S 862 Professional 14
Membership
Organizations
S S P P S P P P P S 863 Labor Unions and 14
Similar Labor Organ.
S S P P S P P P P S 864 Civic,Social and 14
Fraternal Associations
S S S P P S P P P P S 865 Political Organizations 14
S S S S S S S P. P S P P S S S 866 Religious 18
Organizations
S S S P P S P P S S S 869 Membership 14
Organizations,Not
Elsewhere Classified
S S S P P P S P P P P S 87 ENGINEERING, 14
ACCOUNTING,
RESEARCH
(COMMERCIAL
AND NON-
COMMERCIAL),
MANAGEMENT
AND RELATED
SERVICES(except as
noted)
S S S S P S P P P P S 873 Research, 7
Development and
Testing Services
(except as noted)
S S P P P P S 8734 Testing Laboratories 14
S S S P P P S S P P P S 89 SERVICES NOT 14
ELSEWHERE
CLASSIFIED
91- GOVERNMENT
97 USES(Public-Admin.)
P P P P P P P P P P P P . P P Federal,State and 14
Local Government,
Excluding Districts and
Authorities
S S S S S S S P P S P P P P S Districts and 14
Authorities
28-85 Supp.No.2
Beaumont Code of Ordinances Chapter 28•Zoning.
Zonin g District Permitted Primary Uses
RM-RM- RCR- GC- GC- C Parking Special
A-R R-S M H RCR H NC NSC MD MD-2 CBD C-M LI HI PUD "Group Group Cond.
S S S S S S S S S S S S S S S 99 NONCLASSIFIABLE 41
ESTABLISHMENTS
(except as noted)
S S S S S S S S 9991 Jails,Correctional 41
Facilities,Detention
Centers,Prisons and
Prison Camps,
Privately Owned and
Operated
-- NON-CLASSIFIED --
USES
RESIDENTIAL
USES
P P P P P P S P Single-Family 3 27
Dwellings
S S P P P S S S Two-Family 3 27
Dwellings
P P S S P S S S Multifamily 2
Dwellings
P P P P P S S P Cluster Housiniz 3 1
S S S S S Mobile Home Park 4 4
S S S S S Mobile Home 4 4
Subdivision
P P P P P P S Model Dwelling Unit 3
P P P P P P S P Family Home(see 41
definition)
ACCESSORY
RESIDENTIAL
USES
P P P P P P P P P P Accessory Building, 7/14
Structure or Use
S P I P P S S Garage Apartment 1 5
P P P P P P P Home Occupation 14
S S S S S S P S S P Servant's or 1 6
Caretaker's Quarters
P P P P P P P P S P Private Recreational 8
Facility
P P P P P P P P P P swimming Pool 3
P P P P P P P P S P Solar Collectors
P P P P P P P P S P Temporary Portable 25
Storage Containers
PUBLIC UTILITIES
P P P P P P P P P P S P P P P Cable Television,
Transmission Line
P P P P P P P P P P S P P P P Electrical
Transmission Line
P P P P P P P P P P S P P P P Fiber Optic Cable
Communications Line
S S S S P P P S Electrical Generating 41
Plant
S S S S S S S S S S S P P I P I S Electrical Substation 41
P P P P P P P P P P S P P P P Local Utility Service 41
Line
S S S S S Radio,Television, 41 24
Microwave and
Cellular Telephone
Transmission Towers
28-86 Supp. No. 2
Beaumont Code of Ordinances Chapter 28•Zoning
Zoning District Permitted Primary Uses
RM-RM- RCR- GC- GC- SIC Parldng Special
A-R R-S M H RCR H NC NSC MD MD 2 CBD C-M LI HI PUD Group Group Cond.
S S S I S S S S S S S S I S P P S Railroad Tracks and
Switching Yards
P P P I P P P P P P P S P P P P Sewage Pumping 41
Station
P P P I P P P P P P P S P P P P Sewage Treatment 41
Facilities
P P P P P P P P P S P P P P Telephone Exchange, 41
Switching Relay or
Transmitting Station
S S S P P P S Utility Service or 41
Storage Yard or - --
----- - -- -
Buildings -A- - ---
P P P P P P P P P P S P P P P Water Standpipe or 41
Elevated Water
Supply,Water-
Reservoir Well or
Pumping Station
P P P P P P P P P P S P P P S Water Treatment 41
Plant
S P P P P S S P P P I S I Utility Business 14
Office
(Ordinance 81-17, sec. 1, adopted 3/10/81; Ordinance 81-51, sec. 1, adopted 7/14/81;Ordinance
81-58, sec. 2, adopted 7/28/81; Ordinance 81-79, secs. 2, 4, adopted 10/6/81; Ordinance 82-88,
sec. 1, adopted 8117/82; Ordinance 82-99, sec. 1, adopted 8/31/82; Ordinance 82-109; sec. 4,
adopted 9/14/82; Ordinance 82-134,, sec. 2, adopted 12/14/82; Ordinance 83-10, sec. 1, adopted
1/25/83; Ordinance 83-45, sec. 1, adopted 4/26/83; Ordinance 84-12,*sec. 1, adopted- U17/-84;
Ordinance 84-13, sec. 1, adopted 1/17/84; Ordinance 86-89, sec. 2, adopted 8/26/86; Ordinance
87-33, secs. 1, 3, 10, 12, adopted 4%28/87; Ordinance 87-74, sec. 2, adopted 9/22/87; Ordinance
89-10, sec. 2, adopted 2/28/89; Ordinance 89-14, sec. 1, adopted 3/7/89; Ordinance 92-62, sec.2,
adopted 8/11/92; Ordinance 92-63, sec. 2, adopted 8/25/92; Ordinance 93-69, sec. 1, adopted
11/23/93; Ordinance 98-7, sec. 4, adopted 2/3/98; Ordinance 04-054, sec. 1, adopted 7/27/04;
Ordinance 05-010, sec. 1,adopted 1/11105; Ordinance 05-034, sec. 2, adopted 3/29/05; Ordinance
06-036, sec. 2, adopted 7/11/06; Ordinance 06-062, sec. 1, adopted 9/26/06; 1978 Code, sec. 30-
24; Ordinance 07-096, sec. 2, adopted 9/25/07; Ordinance 07-124, sec. 1, adopted 12/4/07;
Ordinance 08-066, sec. 2, adopted 8/26/08; Ordinance 08-097, sec. 1, adopted 11/4/08; Ordinance
08-106, sec. 3, adopted 11/25/08; Ordinance 09-020, sec. 1, adopted 4/28/09; Ordinance 10-041,
sec. 1, adopted 6/8/10; Ordinance 10-049, sec. 1, adopted 6/29/10; Ordinance 11-021, sec. 1,
adopted 3/8/11)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26,
SECTIONS 26.03.004 AND 26.04.002 AND CHAPTER 28,
SECTIONS 28.01.004(b), 28.03.020(b), 28.03.023(e),
28.04.008(28) AND 28.04.008(29) OF THE CODE OF
ORDINANCES OF BEAUMONT, TEXAS, TO MAKE
CHANGES AND ADDITIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.03.004 Sidewalks
A certificate of occupancy and/or compliance for a lot shall not be issued until the sidewalk
requirements for that lot are met. When platting, sidewalks shall be installed prior to the
final building inspection. If the lot is not developed within five (5) years of the recordation
of the final plat, the current property owner shall construct the sidewalk. A building permit
includes the construction of any sidewalk that my be required for that lot. Sidewalks shall
be constructed under the following conditions:
Section 2.
THAT Chapter 26, Section 26.03.004 of the Code of Ordinances be and the same is
hereby amended by adding a new Subsections 26.03.004(1)(E) and 26.03.004(2)(E) to
read as follows:
Sec. 26.03.004 Sidewalks
(1) Residential.
(E) Sidewalks shall have a minimum width of four (4) feet if built a
minimum distance of two (2) feet from the back of the curb.
Sidewalks constructed at the back of the curb shall have a minimum
width of five (5) feet.
Sec. 26.03.004 Sidewalks
(2) Commercial and industrial.
(E) Sidewalks shall have a minimum width of five (5) feet.
Section 3.
THAT Chapter 26, Section 26.03.004(3) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.03.004 Sidewalks
(3) The planning and zoning commission may grant a waiver to the sidewalk
requirement if the applicant can prove that there is an engineering reason for
not installing a sidewalk.
Section 4.
THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 26.04.002 Alternatives to completion of improvements
In lieu of requiring the completion of all improvements, except sidewalks (see (5) below),
prior to the approval and the recording of the final plat, the City Manager or his designee
may, at his discretion, enter into an agreement with the subdivider whereby the subdivider
shall provide one of the following guarantees:
Section 5.
THAT Chapter 26, Section 26.04.002(4) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 06.04.002 Alternatives to completion of improvements
(4) Connections to city utilities shall not occur until all improvements, except for
sidewalks, have been accepted by the city and the final plat has been
approved and recorded.
Section 6.
THAT Chapter 26, Section 26.04.002 of the Code of Ordinances be and the same is
hereby amended by adding a new Subsection 26.04.002(5) to read as follows:
Sec. 06.04.002 Alternatives to completion of improvements
(5) On collector and higher classification streets, except for residential streets,
sidewalks are required prior to the approval and recordation of the final plat.
On non-major streets, in lieu of requiring sidewalks prior to the approval and
recording of the final plat, the subdivider will place a note on the plat that
sidewalks are required prior to the final building inspection and will deed
restrict each lot requiring the owner of each lot to construct the sidewalk prior
to the completion of the structure and the final building inspection. At all
street intersections, sidewalk ramps will be built to meet ADA requirements
prior to the approval and recordation of the final plat.
Section 7.
THAT Chapter 28, Section 28.01.004(b) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Sec. 28.01.004 Definitions
(b) Definitions.
Community home. A residential home for no more than six (6) disabled persons
and two (2) staff persons and meeting all of the requirements of Vernon's Code
Annotated, Human Resources Code, Chapter 123.
Section 8.
THAT Chapter 28, Section 28.03.020(b) of the Code of Ordinances be and the same is
hereby amended to read as follows:
Section 28.03.020 UC, Urban Corridor Overlay District regulations
(b) Definitions. Unless the context clearly indicates otherwise, in this section:
Sign. portable. Any sign that is not permanently attached to the ground or any other
structure and is designed to be moved from place to place.
Section 9.
THAT Chapter 28, Section 28.03.023(e), Permitted Use Table, SIC Groups 703 and 5813,
of the Code of Ordinances of the City of Beaumont be and the same is hereby amended
to read as follows:
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP
M H H MD MD-2
S S S S S S S S S S S 703 Camps and Recreational Vehicle 6 28
Parks
and,
ZONING DISTRICT Parking Special
PERMITTED PRIMARY USES Group Cond.
SIC
A-R R-S RM- RM- RCR RCR- NC NSC GC- GC- CBD C-M LI HI PUD GROUP
M H H MD MD-2
S S S S P P P S 6813 Drinking Places 26 29
Section 10.
THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is
hereby amended by adding a new Subsection 28.04.008(28) to read as follows:
Sec. 28.04.008 Special conditions
(28) Living in recreational vehicles shall not be permitted except in designated
recreational vehicle parks.
Section 11.
THAT Chapter 28, Section 28.04.008 of the Code of Ordinances be and the same is
hereby amended by adding Subsections 28.04.008(29) to read as follows:
Sec. 28.04.008 Special conditions
(29) For the purpose of this ordinance, bottle clubs, which shall be defined as
social meeting places where patrons are served drinks from their own bottles
of alcoholic beverages shall be classified under SIC Group 5813, Drinking
Places.
This definition shall not include eating places that serve individuals from the
individual's own bottle or private stock.
Section 12.
That if any section, subsection, sentence, clause of 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 13.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 14.
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 Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
9
September 25,2012
Consider an ordinance approving the abandonment of the alley behind Lot 1, Tract 1, Block 9,
Fuller and Keith Addition
RICH WITH OPPORTUNITY
BEAUMON*
T • E X A . s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance approving the abandonment
of the alley behind Lot 1, Tract 1, Block 9,Fuller and Keith
Addition.
BACKGROUND
Patrick Gibbs, agent for an adjacent property owner,has applied for the abandonment of the
alley.
Mr. Gibbs states that the property owner is renovating the old Red Cross Building at 708
Magnolia. Parts of the 30'wide alley that ran from Hazel to North have been abandoned over the
years and all that remains is the subject 15'x 58'portion. The abandoned alley would be used for
additional parking.
At a Regular Meeting held September 17, 2012,the Planning Commission recommended
approval 8:0 to abandon the alley.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
L
RICH WITH OPPORTUNITY
11EA-i[IMON
T • E - x - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Lillie Babino, Human Resources Director
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider a resolution appointing Wilmington Trust
Retirement and Institutional Services Company (WTRISC)
as a passive-directed trustee of the Trust established in
connection with the City's 457 Deferred Compensation
Plan and VantageCare Retirement Health Savings Plan.
BACKGROUND
The City of Beaumont previously established a 457 deferred compensation plan in February,
1981 and a retiree health savings plan (VantageCare Retirement Health Savings Plan) in July,
2004 for the benefit of its eligible employees. VantageTrust Company, a wholly owned
subsidiary of ICMA Retirement Corporation(ICMA-RC), served as the trustee of the Trust
through a service agreement entered into with ICMA-RC Services, LLC and its affiliates
(ICMA-RC). Through this agreement ICMA-RC provided services to the Trust on behalf of
VantageTrust Company. The service agreement between VantageTrust Company and ICMA-RC
has ended. Wilmington Trust Retirement and Institutional Services Company has been appointed
as successor trustee of the Trust. This transfer of services to Wilmington Trust will be seamless.
No fees are associated with this transition.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT Wilmington Trust Retirement and Institutional Services Company(WTRISC) be and
is hereby appointed Passive-Directed Trustee of the Trust established in connection with
the City's 457 Deferred Compensation Plan and Vantagecare Retirement Health Savings
Plan.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of
September, 2012.
- Mayor Becky Ames -
RICO WITS OPPORTUNITY
BEAUMON*
T * F * X * A * 8
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 25,2012 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5, 9-12/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance adopting the FY 2013 Budget
2. Consider a resolution adopting the 2013 Capital Program
3. Consider an ordinance ratifying the budgeted property tax increase reflected in the
FY 2013 Budget
4. Consider an ordinance accepting the tax roll and establishing the property tax rate
for the tax year 2012 (FY 2013)
5. Consider an ordinance amending Section 22.02.001, Water Service Rates and
Section 22.02.002, Wastewater Service Rates of the Code of Ordinances to
increase rates by five percent(5%)effective October 1, 2012
6. Consider an ordinance approving a zone change from RCR(Residential
Conservation and Revitalization)District to NC (Neighborhood Commercial)
District and a specific use permit to allow a sno-cone stand in an NC
(Neighborhood Commercial)District at the northeast corner of Franklin and
Avenue A
7. Consider an ordinance approving a specific use permit to allow a child day care in
an RS (Residential Single Family Dwelling) District at 8375 Homer
8. Consider an ordinance approving amendments to the Zoning Ordinance, Sec.
28.03.023 (e), Sec. 28.04.008(28), Sec. 28.04.008(29), Sec. 28.01.004(b)and Sec.
28.03.020(b)and to the Subdivision and Site Development Regulations, Sec.
26.03.004 and Sec. 26.04.002
9. Consider an ordinance approving the abandonment of the alley behind Lot 1,
Tract 1, Block 9, Fuller and Keith Addition
10. Consider a resolution authorizing the City Manager to execute a Performance
Contract with Johnson Controls, Inc. for installing water meter infrastructure and
a leak detection system
11. Consider a resolution approving a six month contract for the purchase of asphaltic
concrete for use by the Streets and Drainage Division
12. Consider a resolution awarding a bid for replacing windows in the Fire
Department Administration building
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment(Persons are limited to 3 minutes)
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Mitchell Normand at 880-3777 three days prior to the meeting.
1
September 25,2012
Consider an ordinance adopting the FY 2013 Budget
RICH WITH OPPORTUNITY
BEAUMONTPk
T • g • a • A & s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: September 25, 2012
REQUESTED ACTION: Council consider an ordinance adopting the FY 2013
Budget.
BACKGROUND
Article V1, 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 2013 Budget was submitted to Council on August 14, 2012, and reviewed during a work
session on August 28, 2012. A public hearing was held on August 28, 2012,which met the
requirements of the Charter and state law.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FOR THE FISCAL PERIOD BEGINNING OCTOBER
1, 2012, AND ENDING SEPTEMBER 30, 2013, 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, 2012, and ending September 30, 2013;
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 COUNCIL OF 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, 2012, and ending the 30th day of
September, 2013, 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 $110,740,700
(includes $1.5 million contingency)
b. Debt Service $13,950,300
C. Water Utilities $46,203,200
d. Water Revenue Bond Reserve Fund -0-
e. Solid Waste Management $9,464,700
f. Hotel Occupancy Tax $2,508,900
g. Municipal Airport $425,100
h. Henry Homberg Golf Course $562,200
i. Municipal Transit $5,105,000
j. Other Special Revenue $2,207,571
k. Capital Reserve $3,698,900
I. Fleet Management $8,139,700
M. Employee Benefits $18,857,500
n. General Liability $1,046,100
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 25th day of
September, 2012.
- Mayor Becky Ames -
GENERAL FUND
STATEMENT OF REVENUES AND EXPENDITURES
AGW FY 2812 Esrera4sd filrrryat
FY 2"1 (As Anu dsd) FY 2002 FY M3
REVENUES
Sales and use tames $ 34,690,937 s 34,296.000 35.038..001) $ 36,434,000
Property t wes 30,2M,188 3(X614,000 31,060000 31,516,000
Industrw payments 13,220777 13,866,900 13,433,OOD 13,687,300
Gross receipts bu es 8,711,349 8,515,000 8,29 000 8.284000
Ufty fund in lieu 8,836,00D 8,875= 8,876,000 9,780000
Charges for services 4,430371 4.064800 4,729.401) 4,584,400
Fines and forfeits 1.980769 1,626,500 1,586,OOD 1,566,000
Licenses and permits 1,981,700 1,549;100 1,96x,600 1,696,100
Other 2,188,629 2,057,100 2,752,400 2,115,500
Transfers in 645,700 500000 500,000 5W,OOD
TOTAL REVENUES 106,7181400 105,922.400 106,248,400 109,160,301)
EXPENDITURES
Police 30,681,304 31,624,100 32217.400 32,328.30D
Fro 22,926,623 23.968,900 23,790.401) 24,525,500
Public Works 18,116,200 18,366,800 18,616.300 18,657,900
Public Hearth 7,444,270 7,063.400 7,071,900 7,231.300
Intorrrasw Tedws*w 4,796,124 5,427,800 5,170,200 5,744,500
Event Facidss and Libraries 4,226,141 4,809,400 4,370,800 4,702,800
Parks and Recx main n 4,250286 4,411,10D 4,284600 4,512,100
Finance 3,48'2,363 3,559,400 3,602,100 3,676,800
Conwriu iky Development 1,668,148 2,754,50D 2,787,900 2,946,700
EzecutNe Office 1,618,388 1,832,301) 1,791,100 1,833,7010
Hunan Resources 864817 911,600 908,100 1,006,200
City Attorney 86,551 885.801) 856,200 924,100
City Clerk 339,409 266,100 24%30D 374.OW
TOTAL EXPENDITURES 101,286604 105.870,200 106,754,300 108,486,700
OTHER USES
Transfers out 4,M000 Z41400D 2,850000 2,275,000
TOTAL APPROPRIATIONS 106,161,604 1t18,12D,2W 108,404,300 110744700
EXCESS(DEFICIT)REVENUES
OVER APPROPRIATIONS 566,798 (2,197,800) (156,900) (1.564401))
BEGINNING FUND BALANCE 27,924,509 27,035,664 28,481,305 28,325,405
Reserved for con*Wncy 1,500,000 1,500.000 1,5(0.000 1,50O00D
Unreserved 26.981,305 23.337.864 26,82"'.1,405 25,2MS,O05
ENDING FUND BALANCE $ 26,481,306 $ 24.837.864 28.375,405 $ 26.745.005
E)O*W "A'
DEBT SERVICE FUND
STATEMENT OF REVENUES AND EItPENDITURES
AGUM amilld ES m"
FY 2011 FY 2M2 FY 2112 FY 2113
REVENUES
Property I goo $ 13,836,407 $ 12.281,000 $ 12,381.700 S IZ42AOW
Othw 20,132,099 310,900 286,50D 312,000
Trarmfwa in 594,500 617,200 817,200 707,000
TOTAL REVENUES 34,562,976 13,208,700 13,284,400 13,448,000
EXPENDITURES
Prircipel and bitueet 12.826,541 13,05Z60D 13,052,800 13,936,310
service c wom 8,607 12,000 5,000 10,000
Ottw operea soleness 19,742,396 5,000 4,000 4,000
TOTAL EXPENDITURES 32,577,514 13,099,800 13,091,800 13,960,300
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 1,986,462 139,100 222,800 (60Q300)
BEGINNING FUND BALANCE 2,211,164 3,771,163 4,196.626 4,419.426
ENDING FUND BALANCE i 4,199.626 i 1910,283 $ 4,419,425 $ 3,817,128
WATER UTLITIES FUND
STATEMENT OF REVENUES AND EXPENDITURES
AcWd FY 2812 Eet89aled BladW
FY 2811 P&ANdatn FY 281: FY 2613
REVENUES
wow asks $ 32,642,129 S 32.842,300 S 33,105,400 $ 34,500,400
Sewer dw 7,458,595 7,738.000 7,750000 8,140,200
Other 1,896,018 1,511,805 1,642,200 1,536,700
TOTAL REVENUES 41,9994742 42.092.100 4Z<497,600 44,577,305
EXPENDITURES
Wages 7,308,238 7.408,71)0 7,689;400 7,725,500
Bansiita 3,866;188 3,782,100 3,867,500 3,931,100
Operoft mcpardhras 1,640,043 1,427.005 1.®93,900 1.686,000
Repair and mi dwomres 3,980.008 4.679,605 4,649;000 4,520;300
U40M 1,894,512 2,O39,S00 1,782,200 1,883,700
Contract servioas 1,726,458 1,481,400 2,128,800 1.744.400
Egiomo t pos haaas 5,443 14.000 18.500 19,000
Capital expa wwwas 1,772,794 1,312,500 1,602,8DD 1,827,000
Debt service 12,452,196 12,502.000 12,486,000 14,081,800
Payment in isu of tense 6,730,000 7,000,000 7,000,000 7,900000
Tnwwfsm to o8rsr Tads 1,893,027 1.514.000 1,109;000 9D4,600
TOTAL EXPENDITURES 43,057,903 43,139,20D 44,026.700 46,209,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (1,068,161) (1,047,100) (1.5?9;100) (1,825,900)
BEGINNING FUND BALANCE 8,700,290 7,417,890 8,642,129 7,113,028
Unreserved 8,842.129 6.370.790 7,113,029 5,487,129
ENDING FUND BALANCE S 8.642,129 S 6,373,790 $ 7,113s029 $ 5487129
WATER REVUE BOND RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Aatwl Boded Esllrnoid Boded
FY 2011 FY 2M2 FY 212 FY 2613
REVENUES
Other $ 817 $ - $ Z40D S 2,700
Trmsfera in 3804000 380,000 38,000 38%000
TOTAL REVENUES 38%817 38,000 382,400 382,700
BEGINNING FUND BALANCE - 38D,OW 3MS17 723,217
Unreserved 380,817 720,000 723,217 1,086.947
ENDING FUND BALANCE i 3WS17 S 720,000 $ 723,217 Z 11085917
SOLID WASTE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actand FY M2 Esllimee4ed ended
FY MI (PA ANN) FY X12 FY!913
REVENUES
Reeider>dsl oolscNorrs $ 5,947,2!95 $ 5,96%000 $ %04%800 $ 6140 om
Landlll few 2,989,486 3,000.000 2,555,200 2,500,000
Otlwr 103,157 11,500 11,800 13.200
TOTAL REVENUES 9.019.908 8,961,50D 8,607,600 8,913,200
EXPENDITURES
Wages 2,054,313 2,271,900 2,11%900 2,184,100
Bereft 1,195,490 1,278,200 1,271,900 1,270,900
Openimg expwx kres 849,973 992,700 995.200 1,021,600
Repair andmini rreo 1,776,586 2,208,400 1.889.400 1,895.900
Unifies 27,848 23,500 22.100 21,000
Contract services 158,168 229,000 19%000 213,700
Equip nwd ptrdw®as - - - -
Capita axperclibres 821,896 91,700 230,600 553,000
Debt service 434,980 435,100 435,100 314,500
Payment in Neu of tames 1,806,000 1,775,000 1,775,000 1,780.000
Transfers to other finds 115,000 210,000 210,000 MAW
TOTAL EXPENDITURES 9,240,254 9,575,500 8,900.200 9,464.700
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (22%316) (614,000) (322,800) (551,500)
BEGINNING FUND BALANCE 3,153,210 2.70%009 2,902,894 2,610,294
Unreserved 2,932,894 2,086,009 2,610.284 2,068,794
ENDING FUND BALANCE i 2.932,894 Z 2,086,009 $ 2,610,294 $ 22068,794
HOTEL OCCUPANCY TAX FUND
STATEMENT OF REVELS AND EXPENDITURES
Budget
Asked Flt 2012 IF -, I Budget
FY 2011 (As AWAN104 FY 2012 FY 2913
REVENUES
Gross receipts Laos S 2,365,733 S 2.300.000 $ 2,450;000 i 2.375,000
Ottw 16,111 m40Q 25,800 15,900
TOTAL REVENUES 2,371,844 2,313.400 2,475.800 2,390,900
EXPENDITURES
Conrerdm and Vh mm Brsesu 1,672,081 1,418,500 1,4066300 1,479,900
Des*wlsd propwm 332.000 392,000 33Z WD 332.000
Payment in isu of Loris 100,000 10D,O0D 100,000 100,000
Tra VhM b 011W funds 742,700 5 .00D 597,OOD 597,000
TOTAL EXPENDITURES 2,846,781 2,447,5OD 2,434,300 2,506,900
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (474,937) (134,100) 41,500 (118,OOD)
BEGINNING FUND BALANCE 818,726 291,727 343.269 384,789
Urxeserved 343.269 157,627 384,789 286,789
ENDING BALANCE $ 341289 $ 157627 $ 364789 $ 286,789
comenow i Taullm Prsarrad FY 2011 FY 2012 FY 2913
Exempt 8 8 8
Chrical 1 1 1
9 9 9
MtR"AL AIRPORT FUND
STATEMENT OF REVENIJES,AND EXPENDITURES
Acbjd BudjW Estlarrsd Bra
FY 2011 FY 2012 FY 2012 FY 21"3
REVENUES
InbrpcvernrnerM g revenue i 148,395 i 50;000 i 5Q000 i -
Ottw 144,357 158,800 148,500 156,100
Tra akm in 1,000,000 - - -
TOTAL REVENUES 1,282,752 208,600 198,5m 156,100
EXPENDITURES
Oparatinp aopwxkmes 943 1,000 zam 2900
Reperrandnobd nerrce 120,712 232,000 100,000 229,000
Udalee 18,050 19,600 23.600 24,400
Contract services 129,194 548,866 96.500 13z80D
Capitol vows i4 m 514,549 - 137,100 36,000
TOTAL EXPENDITURES 783,448 801,466 362.000 425,100
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 508,304 (582,888) (183,5m) (269,000)
BEGINNING FUND BALANCE 27,686 592,866 536,970 373,470
Unreserved 596,970 - 373,470 104,470
ENDING FUND BALANCE i 536,970 S - S 373,470 i 104,470
HENRY HOMBERQ GW COURSE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Budod
AdAnd FY 2012 EsUmm led BudOst
FY 1011 (As Ameml d) FY 2012 FY 2013
REVENUES
Charges for swiicw i 394,113 i 443,000 S 337,100 i 419,000
Other 84 100 - -
Transfers in 35.000 - WD.000 100000
TOTAL REVENUES 429,197 443,100 537,100 519,000
EXPENDITURES
Wages 184,726 185,000 229,400 256,800
Benefs 45,54 48,000 57,000 74,40D
Opsreb s psrrdEurss 56,046 52,200 46,500 59,000
Repair and rrrainberrsrres 64,702 57.300 61,000 66,200
Utmes 16,663 19,000 15,000 15,000
Corrtrad servkm 19,491 56,000 38,200 50.800
Capital eoperrdi4res 45,188 21,40D 21,40D 40,200
Debt service 12,642 - - -
Trarrders b COW Kurds 1,000 - -
TOTAL EXPENDITURES 44962 438,900 468,500 562,200
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (16,755) 4,200 68,600 (43,200)
BEGINNING FUND BALANCE (3,586) 7,201 (20.351) 48,249
Unreserved (20,351) 11,401 48,249 5,049
ENDING FUND BALANCE i (20351) i 11,401 i 48,249 49
S 5.
MUNKWAL TRANSIT FUND
� STATEMENT OF REVENUES AND EXPENDITURES
Boded
Admai FY 2012 Bw10at
FY 2011 -A FY 21112 FY 4013
REVENUES
Servios d pss i 5511,517 $ 550,000 $ 527,200 $ 5X000
IntsrSover vwm* l revenues 2,666,878 2,178,500 2,371,600 2,142,200
Other 22,143 400 400 400
Transfers in 1,960,000 2,450.000 ZAIKOOO 2,125,000
TOTAL REVENUES 5,282,538 5,178.900 5,349,200 4,797,600
EXPENDITURES
Operating Supow 132,713 18Q000 1456000 145,000
Contract aervioes 4,599,924 4,60Q000 4,980,300 4.960,000
Capital outlay 544,322 - 22Q000 -
TOTAL EXPENDITURES 5,276,959 4,760,000 5,358,300 5,105.000
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (14,421) 388,500 (9,10D) (3D7.400)
BEGINNING FUND BALANCE 362,471 704,472 346,060 336,850
Unreserved 348,05D 1,105,372 339,960 31,560
ENDING FUND BALANCE $ 348,05D S 1,103.372 $ 338.960 $ 31,550
OTHER SPECIAL REVENUE FUNDS
STATEMENT OF REVENUES AND
Bdanoe FY M3 Bd�
18MM2 pbwwws AMre L 0Yr3or13
Texas Motor Carrier Viohitions $ 38,863 Z 30,400 69,063 $
Music ipel Court Security Fee 59 24,941 25,000 -
Muniapal Court Tedwiclow 372,502 46,800 419,302 -
mwxxpsl Court Juwrft Caae Marrper 28 51,000 51,028 -
Ike Recovery 668 50.000 50.668 -
Pul*c Education Gokarnmer t Proparwninp 229,800 232,80D 462,800
Confrac ew Goods 120,471 100,00D 220,471 -
JuNe Ropers Theaitre Ero*m wd 123,482 500 23,982 100,000 (1)
TyrreA Historical Lbrary 3,197 9,803 12,800 -
Expendabls Trust 248,405 30,800 279,205 -
Librsry Trust (1,812) 13,400 11,588 -
Library Endowrnsrrt 896,866 4,00D 125,755 774,900 (1)
Hh toricW Fire Museurn 1,118 5,000 8,118 -
TOTAL $ .Agaw. $ .jh 0�49,24w $ $
(1) UrwpndebW wdo mwd
CAPITAL RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
godw
AQWd FY tats Esdmmbd tlr�st
FY W11 (As Am=dsQ FY M2 FY tats
REVENUES
Flest renml S 2,145.700 $ 2,095,901) $ 2,121,900 S 2,312,100
Other 237,268 28,800 139,800 110,000
Transfers in 1,000.000 - 1,5W400 -
TOTAL REVENUES %392,989 2,115,700 3,811,100 2,422,100
EXPENDITURES
Inrprovsrnarrts 346.299 1,480;100 1,979,400 711,001)
EWAxn rrt 1,271,220 1,656.100 1,857,200 1,273,000
Vehm" 1,249,729 1,761,200 2,117,800 1,470,700
Debt service 367,063 244,200 299.500 244,201)
TOTAL EXPENDITURES 3,254,301) 5,141,600 6.213,900 3.6684900
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 128,698 (3,02'i,900) (2,402.600) (1,276,800)
BEGINNING FUND BALANCE 6. 0,429 6.092.931 6.419,086 4,016,298
Unreserved 6.419,099 3,057.031 4,016.299 2,739,499
ENDING FUND BALANCE $ 6.419.098 $ 3.057,031 $ 4,016299 $ 22736.496
FLEET MANAtiEMENT FUND
•- r ., AM& �
STATEMENT OF REVENUES AND EXPENDITURES
Adod FY 2912 ESSRA d Boded
FY 2911 (ft AnWWW ) FY 2i 12 FY 2913
REVENUES
User fees $ 7,961,179 $ 84427,400 $ 8,0564500 $ 8,098,100
Other 13,037 4,000 6,500 5,000
TOTAL REVENUES 7,974,216 8,431,400 8,063,000 8,103,10D
EXPENDITURES
ww" 1,324,355 1,407,300 1,37344D0 1,423,600
Benefits 696.832 732,200 741,20D 764,100
OpsrWav eperdiprss 2,93x161 3,072,700 3,156,80D 71,300
Repair and rraiMmsnos 1,978,281 2,300,100 ZM300 5,076,800
Udw" 42,432 54.800 43,80D 50,000
Contract ssrvioes 819,787 8964900 702,900 728,900
Equrpmsnt purchasss 9,900 9,900 9,90D 9,900
Capited 22,186 26,300 25,300 15,100
Transfers to other finds 16,500 - - -
TOTAL EXPENDITURES 7,840,435 8,30D,200 8,094,60D 8,13&,700
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 133,781 131,200 (31,60D) (36,800)
BEGINNING FUND BALANCE 1,114,064 967,986 1,247,865 1,216,265
Reserved for hvwtwy - - - -
Unreserved 1,247,866 1,099,186 1216,266 1,179,666
ENDING FUND BALANCE $ 1,247,866 $ 1,099,186 Z 1,216,1186 $ 1,17x666
EMPLOYEE BENEFITS FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual FY 2112 ESI aelad Boded
FY 2011 (As AsaedwO FY 2012 FY 2013
REVENUES
Service cFrr9 $ 13323,097 $ 14,454,000 $ 14,448,900 $ 14,432,001)
Employee oo trbutiorrs 3,587.891 3,790,701) 3,732,ODD 3,903,000
Other 17,259 20.000 83,701) 11,400
Transliers in 689.001) 39,000 30,001) 30.000
TOTAL REVENUES 18,017,247 18,298,700 18,314,800 18.376,400
EXPENDITURES
Health
Mots. PwAderOrgarindion 12,087,368 13,780.801) 12,513,60D 12,650.001)
HeaM Mobi ar anos Oryenixaft 1,041,522 - - -
1 Will preerxiptions 2,546,786 2,625.000 2,61)0.000 2,900,000
Dental 893,533 906,400 951,400 965,901)
O W berm 178,078 188,800 221,800 222,700
Total 18.727,285 17,502,800 16.16.81)G 16,738,600
Worker'*Compensation
Third party adminishation 64,212 85,000 64,801) 64,900
Claims paid 906,309 1,01)0.000 1,084,000 1,050,000
Excess i 85,001) 86,000 87,500 87,51)1)
Safety rrwwgement 157,50 162.809 164,600 167,700
Total 1,233,041 1,312,800 1,380,91)0 1,370.100
General
Coraratt Services 2D,164 48,800 46,900 48,801)
Retirement Trust 250,000 - - -
Unsmploymorit 108,986 100000 109,001) 100,OOD
Short term disability 804,893 425,000 450000 600.000
Total 1,183.045 573,800 5IM= 748,801)
TOTAL EXPENDITURES 19,143,371 19,389,400 18,264,600 18,857,501)
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (1,126,124) (1,092,700) WOOD_ (481,101))
BEGINNING FUND BALANCE 2,924.223 2,251,821 1,798.099 1,848,099
Unreserved 1,796,099 1,159,121 1,846,099 1,388,999
ENDING FUND BALANCE S 1,798,099 $ 1,159121 $ 1,818,099 $ 1,366,999
GENERAL LIAAILJTY FUND
STATEMENT OF REVENUES AND EXPENDITURES
Astua1 0~ — — --ea
FY 2111 FY M2 FY 2112 FY 2N3
REVENUES
Tnuvosm in i 1,725,000 i 400.000 $ 400ow $ 400,0011
Obw 4,W4 3,200 8,600 6,000
TOTAL REVENUES 1,729,554 403,200 406,600 406,000
EXPENDITURES
prolsookmai services 246,538 35D,000 215;000 300,000
Claims paid 500,669 900,000 60Q000 742,000
Ottw instmw a 4,136 4,200 4,100 4,100
TOTAL EXPENDITURES 751,331 1,254,200 819,100 1,046,100
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 978,233 (851,000) (4%500) (640,100)
BEGINNING FUND BALANCE 992,084 1,406,063 1,970.317 1,566,817
Reserved for unpaid claims - - - -
Unreserved 1,970,317 556,083 1,56Q817 919,717
ENDING FUND BALANCE $ 1,970,317 i 566,083 i 1,566,817 i 919,717
2
September 25,2012
Consider a resolution adopting the 2013 Capital Program