HomeMy WebLinkAboutPACKET OCT 09 2001 -ffi§L
City of .Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 9, 2001 1:30 P.M.
AGENDA
OPENING
• Invocation Pledge Roll Call
• Presentations and Recognition
• Public Comment: Persons may speak on scheduled agenda items 2-8
• Consent Agenda
GENERAL BUSINESS
1. Consider a request for a specific use permit to allow private swimming lessons in
an RS (Residential Single Family Dwelling) District at 2608 Hazel
2. Consider approval of a one-year contract with Blue Cross Blue Shield of Texas
for third party administration of the City's self funded medical and indemnity dental
plans and a Health Maintenance Organization
3. Consider granting the City Manager authority to implement the contribution rate
changes for employees and retirees in the medical plans
4. Consider approval of a resolution to grant certain insurance and pay benefits for a
period of no more than 180 days to City of Beaumont employees who are members of
the National Guard or military reserves
5. Consider approval of the purchase of two 35-foot municipal transit coaches
6. Consider amending the Drought Contingency Plan, Ordinance 01-058, that was
approved by the City Council on July 31, 2001
7. Consider authorizing the City Manager to execute an Industrial District Contract
with ATOFINA Chemicals, Inc.
8. Consider an annual contract for professional auditing services
COMMENTS
• Councilmembers comment on various matters
• City Manager's Report - Breast Cancer Awareness Seminar, National Firefighter
Memorial Day, Economic Uncertainty-Impact on Revenue% Housing Bond
Liquidation Results, Fire Protection Legislation, Internet- A Source of
Knowledge, National Endowment for the Humanities, SWAT Team Training in
Brazil, Third Annual Neches River Clean Up and SWAT Team Competition
• Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Sandra Pope v. Leslie Carmen Apple
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting.
1
Council consider a request for a specific use permit to allow private swimming lessons in an RS
(Residential Single Family Dwelling) District at 2608 Hazel
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Council consider a request for a specific use permit to allow private
swimming lessons in an RS (Residential Single Family Dwelling) District at 2608 Hazel. The
property is within the Oaks Historic District.
RECOMMENDATION
The Administration recommends approval of the specific use permit to allow private swimming
lessons in an RS District at 2608 Hazel subject to a requirement that vehicles transporting swim
students not block driveways or the street pavements in the immediate neighborhood.
BACKGROUND
Marilyn Higgins and her friend Stacey Hansard teach swimming lessons in a pool located in the
backyard of Rusty Hall's home at 2608 Hazel. The hours for teaching are 9:00 a.m. to 5:00 p.m.,
Monday through Thursday. They teach from June to the first week in August. There are seven
classes per day of 6-7 students in each class.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a joint Public Hearing with City Council held August 20,2001, the Planning Commission voted
to defer the case until the September 17, 2001 meeting.
At a joint Public Hearing with City Council held September 17,2001,the Planning Commission's
motion to approve the specific use permit to allow private swimming lessons in an RS District at
2608 Hazel subject to a requirement that vehicles transporting swim students not block driveways
or the street pavements in the immediate neighborhood failed 2:3.
At the City Council meeting held October 2,2001, City Council deferred action on the specific use
permit until the October 9, 2001 meeting.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission,City Manager,Executive Assistant to City Manager/Economic Development
Director and the Planning Manager.
RECOMMENDED MOTION
Approve/Deny a specific use permit to allow private swimming lessons in an RS District at 2608
Hazel subject to a requirement that vehicles transporting swim students not block driveways or the
street pavements in the immediate neighborhood.
NOTE: "The 20% Rule"
Sec. 30-40.D. of the Zoning Ordinance states the following:
Protest: The City Council shall not amend, supplement, change, modify or repeal
any regulation, restriction or boundary or approve a Specific Use Permit where a
protest against such change, signed by the owners of twenty (20) percent or more
either of the area of the lots included in such proposed change or of the lots or land
immediately adjoining the same and extending two hundred (200) feet therefrom,
except by the favorable vote of three-fourths (3/4) of all the members of the City
Council.
This means that in order to approve a zone change or specific use permit when the 20%rule has been
invoked at least six Council members must vote in favor of the Ordinance.
On File 1570-P, a protest of 20.65% was received, therefore invoking the Rule on this case.
ORDINANCE NO. DEFERRED
ENTITLED AN ORDINANCE GRANTING A
SPECIFIC USE PERMIT TO ALLOW PRIVATE
SWIMMING LESSONS IN AN RS
(RESIDENTIAL SINGLE FAMILY DWELLING)
DISTRICT LOCATED AT 2608 HAZEL IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS,the City Council for the City of Beaumont desires to issue a specific use
permit to Marilyn Higgins and Rusty Hall to allow private swimming lessons in an RS
(Residential Single Family Dwelling) District located at 2608 Hazel, being Lot 30 and the
east '/2 of Lot 29, Block 54, Averill Addition, Beaumont, Jefferson County, Texas,
containing 0.26 acres, more or less, as shown on Exhibit "A" attached hereto; 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 OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific use permit have been met
and a specific use permit to allow private swimming lessons in an RS (Residential Single
Family Dwelling) District located at 2608 Hazel, being Lot 30 and the east '/2 of Lot 29,
Block 54, Averill Addition, Beaumont, Jefferson County, Texas, containing 0.26 acres,
more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Marilyn
Higgins and Rusty Hall, their legal representatives, successors and assigns for those
certain tracts as described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
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"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property hereinabove
described shall be in all other respects subject to all of the applicable regulations
contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day of
October, 2001.
- Mayor -
priva
FILE 1.-)70-P: Request for a specific use permit to &Doa w swimming lessons in NORTH
an area zoned RS (Residential Single Family Dwelling). -
Location: 2608 Hazel(residence)
Applicant: Marilyn Higgins & Rusty Hall SCALE
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pp * Approval subject to vehicles transporting swim TENTH STREET
—i students not block driveways or the street pavements
CU in the immediate neighborhood and remote parking II'
j be provided and reinstallation of"no parking" signage. q
2
Council consider approval of a one-year contract with Blue Cross Blue Shield of Texas for third
party administration of the City's self funded medical and indemnity dental plans and a Health
Maintenance Organization
:V~1 City of Beaumont
qw_
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Marie A. Dodson, Human Resources Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 3, 2001
REQUESTED ACTION: Council approval of a one year contract with Blue Cross Blue
Shield of Texas for third party administration of the City's self
funded medical and indemnity dental plans and a Health
Maintenance Organization.
RECOMMENDATION
Administration recommends that Council award a one year contract effective January 1,2002 to Blue
Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's self funded
medical and indemnity dental plans and a Health Maintenance Organization (HMO).
BACKGROUND
In August 2001, proposals were developed and distributed by McGriff, Seibel and Williams, the
City's insurance consultant, for employee medical and dental insurance plans. Proposals were
requested for a fully insured Health Maintenance Organization (HMO), a third party administrator
for a self funded Preferred Provider Organization(PPO)and Point of Service (POS)medical plans
and a third party administrator for the self funded dental plan. Quotes for medical stop loss
insurance were also requested. Medical stop loss provides excess insurance coverage for annual
claims in excess of$150,000 per employee or dependent.
Proposers were asked to quote plans based on the current plan design. The City is contractually
obligated by labor union agreements to provide 80/20 indemnity benefits currently in place. Plans
include a PPO/POS plan with a 90/10 in network and an 80/20 out of network benefit which meets
the labor union contracts and an additional HMO plan that provides access to medical services from
network providers at low out of pocket costs. The current census indicates that there are 662
employees enrolled in the PPO/POS plan and 633 employees enrolled in the HMO plan.
Four(4)bids were received for both medical and dental plans. They include Aetna Healthcare,Blue
Cross Blue Shield, Memorial Hermann and GreenTree Administrators. Three other companies
submitted rates for dental plans only but the City does not plan to award a separate contract for
dental plans.
Aetna Healthcare quoted rates for self funded POS/PPO and HMO plans only. Based on the City's
current HMO large claims report,Aetna declined providing a fully insured HMO quote. In addition,
Aetna did not provide quotes for medical stop loss.
Memorial Hermann provided a quote for a self funded POS plan only. They did not provide quotes
for the fully insured HMO as requested. Although, Memorial Hermann offers an extensive network
of health care providers, their price of$56.75 quoted per employee per month was the highest bid
received. In addition, they did not provide a quote for stop loss insurance.
GreenTree Administrators provided a quote for a PPO medical and dental plan only. Quotes were
not provided for an HMO plan and their quoted rate of$20.00 per employee per month is based on
all employees converting to the PPO plan, thus eliminating the City's current HMO plan.
Elimination of the HMO plan would not only burden those participating employees by increasing
their out of pocket costs but would increase the City's overall claims costs.
Blue Cross Blue Shield of Texas(BCBS)submitted a proposal based on the current plan designs for
both the self funded PPO/POS plan and the HMO plan. BCBS is the City's current provider and the
plans quoted are the same as currently in place. Rate increases ranged from 16%for administration
fees and stop loss tol8% for the fully insured HMO premiums (see Attachment A). Further
negotiations with BCBS have resulted in an additional reduction of 2% for the fully insured HMO
premiums. BCBS has also agreed to provide a PPO plan in lieu of the POS plan. The market is
moving away from gatekeepers as it has not been cost effective. The PPO plan would allow plan
participants to access networked health care providers without referrals. According to BCBS and
McGriff, Seibel and Williams, the conversion from a POS to a PPO plan will not adversely affect
the City's claim liability. In addition BCBS quoted stop loss but due to the current market trends
the City retains the right to solicit bids for stop loss at a later date. However, should the quote for
stop loss from BCBS be deemed the most advantageous to the City,the City will continue stop loss
coverage through BCBS.
BUDGETARY IMPACT
The projected annual premium cost for the HMO plan will be approximately $3,409,777. The
total annual administration, claims and stop loss cost for the Preferred Provider Organization
(PPO) plan will be approximately $5,257,970. The total annual claims' administration cost for
the dental indemnity plan will be approximately $543,000. Appropriation of funds is available
in the Employee Benefits Fund.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY City Manager and Human Resources Director
RECOMMENDED MOTION
Approve/Deny authorizing the award of a one year contract for third party administration of the
City's self funded medical and dental plans and a fully insured Health Maintenance Organization to
Blue Cross Blue Shield of Texas with the option to purchase medical stop loss.
Attachment A
Projected Costs for Blue Cross Blue Shield (BCBS) for Fiscal Year 2002
No. of Fee per Monthly Annual
Plan Type _ _ _ Empl�ees Employee _ Cost _ Cost
PPO
Administration Fee 754 37.54 $28,305 $339,662
Specific Stop Loss Emp Only 191 10.79 2,061 24,731
Emp + Dep 563 26.48 14,908 178,899
I
Aggregate Stop Loss Emp Only 191 1.091 208 2,498
Emp + Dep 563 2.67 1,503 18,039
Expected Paid Claims Emp Only 191 207.87 . 39,703 476,438
Emp + Dep 563 624.29 351,475 4,217,703
PPO Total Cost $5,257,970
HMO
Premium Rates Employee Only 223 166.82 37,201 446,410
Emp + 1 dep 190 402.04 76,388 916,651
Emp + 2 or more 298 572.18 . 170,510 2,046,116
HMO Total Cost $3,409,177
Total PPO and HMO Cost $8,667,147
3
Council consider granting the City Manager authority to implement the contribution rate changes
for employees an retirees in the medical plans
City of Beaumont
..Wrl
'AMEL Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Marie A. Dodson, Human Resources Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 3, 2001
REQUESTED ACTION: City Council consider granting the City Manager authority to
implement the contribution rate changes for employees and retirees
in the medical plans.
RECOMMENDATION
Administration recommends that Council approve medical contribution rate changes for employees
and retirees including their dependents effective January 1, 2002.
BACKGROUND
Employees - Medical Contribution Rate
Currently, medical coverage is provided for City employees at no cost. The cost of providing
coverage for dependents is jointly shared by the City and the employee. Each civilian employee
with one dependent contributes $ 84 per month. An employee with two or more dependents
contributes $114 per month for medical coverage regardless of the medical plan. Sworn
employees (police and fire) with dependents contribute $34 per month for medical coverage. The
amount contributed by employees covers approximately 14% of the total cost of these benefits,
the City pays the balance, 86% of the total cost.
BCBSTX, insurance provider for 2002, quoted rates for the Preferred Provider Organization plan
of$236.96 per month for employee only, $590.98 per month for employee plus one dependent,
and $768.35 per month for employee plus family. BCBSTX quoted rates for the HMO plan of
$166.82 per month for employee only, $402.04 per month for employee plus one dependent, and
$572.18 per month for employee plus family. These rates as projected by BCBS are required to
fund the medical plans offered by the City. They are based on the City's claims history and
current enrollment numbers and are an 18% increase over the current rates.
For the employee to share in the increasing costs of medical insurance, it is recommended that
effective January 1, 2002 the contribution rate of medical coverage for Police and Civilian
employees with one or more dependents increase by $12 per month. This increase is based on
the total cost to the City to provide medical benefits to the employees and their eligible
dependents. This increase is provided for in the Police labor agreement. Fire employee
contribution rates are subject to change based on future contract negotiations. The following table
reflects the cost impact to employees with dependents (except if the other dependent is an
employee):
Civilian Police Fire
Coverage No. of Cur Prop No. of Cur Prop No. of Cur Prop
Emp. Contr. Contr. Emp. Contr. Contr. Emp. Contr. Contr.
Medical (E1) 173 $84 $96 50 $34 $46 61 $34 $34
(E2) 362 114 126 1 165 34 46 153 1 34 34
Based on the recommended contribution rates and current employee count, the employee
contribution line item will increase by approximately $105,000 in Fiscal Year 2002.
Retirees - Medical Contribution Rate
Retirees and their dependents are allowed to elect continuation of medical coverage as provided
by the state statute. The retiree/dependent may continue coverage until the retiree/dependent is
covered by Medicare/Medicaid generally at age 65. Currently, there are 166 retirees and 7 Cobra
participants on the City's medical plans.
The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and
Fire contract agreements which states, "Any employee who retired on or after February 1, 1992
may be subject to an annual increase in contribution. The increase will be effected in accordance
with the labor agreement. The single rate will be established at 69%; single rate +1 at 58%; and
the family rate at 54% of the COBRA rate on January 1st annually." This same formula is
utilized when calculating the contribution rate for civilian retirees. As such, the COBRA and
retiree rates effective January 1, 2002 based on each medical plan will be as follows:
Total Current Retiree
Plan Medical 2% Prescription COBRA Retiree Contribution
and Rate Adm. Drugs Cost Rate Rate
Category 1/1/2002 Cost 1/1/2002 1/1/2002 1/1/2001 1/1/2002
PPO (EO) $236.96 $4.74 $41.82 $283.52 $164.85 $192.36
(E1) 590.98 11.82 104.53 707.33 345.74 403.40
(E2) 768.35 15.37 136.06 919.78 418.58 488.38
HMO (EO) 166.82 3.34 41.82 211.98 123.89 143.96
(E1) 402.04 8.04 104.53 514.61 253.00 293.81
(E2) 572.18 11.44 136.06 719.68 328.88 382.45
BUDGETARY IMPACT
Appropriation of funds is available in the Employee Benefits Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Human Resources Director.
RECOMMENDED MOTION
Approve/deny a request to authorize the City Manager to implement medical contribution rate
changes for employees and retirees effective January 1, 2002.
JRS C:\OFFICE\WPWIMWPDOCS\ANNL*NROL\20012002\councd\contrib wpd 10/3/01 10:04 am
4
Council consider approval of a resolution to grant certain insurance and pay benefits for a period
of no more than 180 days to City of Beaumont employees who are members of the National
Guard or military reserves
City of Beaumont
c
Council Agenda Item HIM TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Marie A. Dodson, Human Resources Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 3, 2001
REQUESTED ACTION: Council consider a request to enact a resolution to grant certain
insurance and pay benefits for a period of no more than 180 days to
City of Beaumont employees who are members of the National Guard
or military reserves.
RECOMMENDATION
Administration requests that Council grant City of Beaumont employees called to active duty in
the reserves or National Guard compensation in the amount of the difference between their civilian
salary or wage and military pay.
During the 180-day benefit period, employees' dependents shall be allowed to continue their
established medical coverage. Their coverage will be equal to that provided to other members of
the employee's job class. The cost to the employee will be the rate paid by others in the same job
class.
BACKGROUND
As a result of the terrorist attacks on America on September 11, 2001, the President of the United
States,George W. Bush,activated members of the National Guard and Military Reserves. The City
has identified 24 employees eligible for consideration under this resolution.
BUDGETARY IMPACT
None. Employee salaries are budgeted.
PREVIOUS ACTION
During the Persian Gulf War, the City of Beaumont passed two resolutions totaling 225 days
which provided the same benefits as recommended herewith.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Human Resources Director.
RECOMMENDED MOTION
Approve/Deny a request to grant certain insurance and pay benefits for a period of no more than 180
days to City of Beaumont employees who are members of the National Guard or military reserves
called to active duty.
5
Council consider approval of the purchase of two 35-foot municipal transit coaches
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 2, 2001
REQUESTED ACTION: Council approval to award a bid for the purchase of two (2)
35-foot municipal transit coaches.
RECOMMENDATION
Administration recommends award of a bid for the purchase of two (2) 35-foot coaches to Nova
BUS of Roswell, New Mexico in the amount of$604,116.36.
BACKGROUND
The buses are for use by Beaumont Municipal Transit. The Transit bus fleet consists of sixteen
(16) coaches, eleven (11) purchased in 1989, and five (5) in 1991. The units specified in the bid
are comparable to those currently in use and will replace two (2) of the older units. The two (2)
replaced buses will be retained in the fleet for backup use when active buses are out of service due
to repairs or scheduled maintenance.
Bid notices were provided to 18 vendors, with only Nova BUS responding with a bid. Delivery
time for the units is 40 weeks.
The units are covered by the following warranties: body structure integrity - 3 years, 150,000
miles; engine, transmission and primary component subsystems - 2 years, 100,000 miles; and
coach defects - 1 year, 50,000 miles. Warranty service will be provided by the nearest
appropriate regional service center (all major system service providers are located in Texas).
BUDGETARY IMPACT
Funds for this expenditure are provided for in the following manner: $531,000 in a grant from
the U.S. Department of Transportation, and the City will be responsible for the balance of
Purchase of Two (2)35-Foot Municipal Transit Coaches
October 2, 2001
Page 2
$73,116.36, or 12.1% of the total bid amount.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
RECOMMENDED MOTION
Approve/Deny acceptance of a bid from Nova BUS for the purchase of two (2) Nova BUS model
RT 72 VW municipal transit coaches in the amount of$604,116.36.
6
Council consider amending the Drought Contingency Plan, Ordinance 01-058,that was approved
by the City Council on July 31, 2001
7d~17E City Of Beaumont
1j1!
Council Agenda Item
M K.TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joseph G. Majdalani, Water Utilities Manager
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 4, 2001
REQUESTED ACTION: Council consider amending the Drought Contingency Plan,
Ordinance 01-058, that was passed by Council on July 31, 2001.
RECOMMENDATION
Administration recommends Council consider amending the Ordinance.
BACKGROUND
The Texas Natural Resource Conservation Commission (TNRCC) requires a wholesale public
water supplier that holds a water right for the amount of 1,000 acre-feet or more for municipal use
and provides water service to 3,300 or more connections must submit a drought contingency plan.
The plan must meet all of the minimum requirements as set forth in the TNRCC Rules, Title 30
Texas Administrative Code Chapter 288.
Since drought is a recurring event in Texas, the purpose of this plan is to provide the City of
Beaumont with a framework for an integrated approach to minimize the impacts of drought on its
people and resources.
By amending Ordinance 01-058, the City Manager would be authorized to initiate allocation of
water supplies on a pro rata basis to wholesale customers in accordance with Texas Water Code
Section 11.039.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
Drought Contingency Plan, Ordinance 01-058, was passed by Council on July 31, 2001.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, and Water Utilities Manager.
RECOMMENDED MOTION
Approve/Deny a resolution amending the Drought Contingency Plan, Ordinance 01-058.
DroughtContPlansk.wpd
10/04/2001
Section IX: Pro Rata Water Allocation
In the event that the triggering criteria specified in Section I.H.3 of the Plan for Stage 3 - Severe
Water Shortage Conditions have been met, the city manager is hereby authorized initiate
allocation of water supplies on a pro rata basis in accordance with Texas Water Code Section
11.039 and according to the following water allocation policies and procedures.
(a) A wholesale customer's monthly allocation shall be a percentage of the customer's
water usage baseline. The percentage will be set by resolution of the City of
Beaumont based on the city manager's assessment of the severity of the water
shortage condition and the need to curtail water diversions and/or deliveries and
may be adjusted periodically by resolution of the City of Beaumont as conditions
warrant. Once pro rata allocation is in effect, water diversions or by deliveries to
each wholesale customer shall be limited to the allocation established for each
month.
(b) A monthly water usage allocation shall be established by the city manager or
his/her designee, for each wholesale customer. The wholesale customer's water
usage baseline will be computed on the average water usage by month for the
1995-2000 calendar year period . If the wholesale water customer's billing history
is less than 5 years, the monthly average for the period for which there is a record
shall be used for any monthly period for which no billing history exists.
(C) The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and shall notify
the news media and the executive director of the Texas Natural Resource
Conservation Commission upon initiation of pro rata water allocation.
(d) Upon request of the customer or at the initiative of the city manager the allocation
may be reduced or increased if, (1) the designated period does not
accurately reflect the wholesale customer's normal water usage; (2) the customer
agrees to transfer part of its allocation to another wholesale customer; or (3) other
objective evidence demonstrates that the designated allocation is inaccurate under
present conditions. A customer may appeal an allocation established hereunder to
the city council of the City of Beaumont.
Section X: Enforcement
During any period when pro rata allocation of available water supplies is in effect, wholesale
customers shall pay the following surcharges on excess water diversions and/or deliveries.
(a) One Hundred Ten Percent (110%) the normal water charge for water diversions
and/or deliveries in excess of the monthly allocation up through 5 percent above
the monthly allocation.
(b) One Hundred Twenty Percent (120%) the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from 5 percent
through 10 percent above the monthly allocation.
(C) One Hundred Fifty Percent the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation from 10 percent through 15 percent
above the monthly allocation.
(d) Two times (200%) the normal water charge for water diversions and/or more than
15 percent above the monthly allocation.
(e) The above surcharges shall be cumulative.
Section XI: Variances
The city manager, or his/her designee, may, in writing, grant a temporary variance to the pro rata
water allocation policies provided y this Plan if it is determined that failure to grant such variance
would cause an emergency condition adversely affecting the public health, welfare, or safety and if
one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the duration
of the water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
Persons requesting an exemption from the provisions of this Plan shall file a petition for variance
with the city manager within 5 days after pro rata allocation has been invoked. All petitions for
variances shall be review by the City Council, and shall include the following.
(a) Name and address of the petitioner(s).
(b) Detailed statement with supporting data and information as to how the pro rata
allocation of water under the policies and procedures established in the Plan
adversely affects the petitioner or what damage or harm will occur to the petitioner
or others if petitioner complies with this ordinance.
(C) Description of the relief requested.
(d) Period of time for which the variance is sought.
(e) Alternative measure the petitioner is taking or proposes to take to meet the intent
of this Plan and the compliance date.
(f) Other pertinent information.
Variances granted by the City of Beaumont shall be subject to the following conditions, unless
waived or modified by the City of Beaumont or its designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
Section XII: Severability
It is hereby declared to be the intention of the City of Beaumont that the sections, paragraphs,
sentences, clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence,
paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would
not have been enacted by the City of Beaumont without the incorporation into this Plan of any
such unconstitutional phrase, clause, sentence, paragraph, or section.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
01-058 TO ADD PROVISIONS FOR THE APPLICATION OF
THE DROUGHT CONTINGENCY PLAN TO WHOLESALE
CUSTOMERS OF OUR WATER SYSTEM PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY..
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Ordinance 01-058 be and the same is hereby amended to add new sections
IX, X, XI and XII to read as follows:
Section IX: Pro Rata Water Allocation
In the event that the triggering criteria specified in Section 1.H.3 of the Plan for
Stage 3 - Severe Water Shortage Conditions have been met, the city manager is hereby
authorized initiate allocation of water supplies on a pro rata basis in accordance with
Texas Water Code Section 11.039 and according to the following water allocation policies
and procedures.
(a) A wholesale customer's monthly allocation shall be a percentage of the
customer's water usage baseline. The percentage will be set by resolution of the City of
Beaumont based on the city manager's assessment of the severity of the water shortage
condition and the need to curtail water diversions and/or deliveries and may be adjusted
periodically by resolution of the City of Beaumont as conditions warrant. Once pro rata
allocation is in effect, water diversions or by deliveries to each wholesale customer shall
be limited to the allocation established for each month.
(b) A monthly water usage allocation shall be established by the city manager or
his/her designee, for each wholesale customer. The wholesale customer's water usage
baseline will be computed on the average water usage by month for the 1995-2000
calendar year period . If the wholesale water customer's billing history is less than 5 years,
the monthly average for the period for which there is a record shall be used for any
monthly period for which no billing history exists.
(c) The city manager shall provide notice, by certified mail, to each wholesale
customer informing them of their monthly water usage allocations and shall notify the news
media and the executive director of the Texas Natural Resource Conservation Commission
upon initiation of pro rata water allocation.
(d) Upon request of the customer or at the initiative of the city manager the
allocation may be reduced or increased if, (1) the designated period does not accurately
reflect the wholesale customer's normal water usage; (2) the customer agrees to transfer
part of its allocation to another wholesale customer; or (3) other objective evidence
demonstrates that the designated allocation is inaccurate under present conditions. A
customer may appeal an allocation established hereunder to the city council of the City of
Beaumont.
Section X: Enforcement
During any period when pro rata allocation of available water supplies is in effect,
wholesale customers shall pay the following surcharges on excess water diversions and/or
deliveries.
(a) One Hundred Ten Percent (110%) the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation up through 5 percent above
the monthly allocation.
(b) One Hundred Twenty Percent (120%) the normal water charge for water
diversions and/or deliveries in excess of the monthly allocation from 5 percent through 10
percent above the monthly allocation.
(c) One Hundred Fifty Percent the normal water charge for water diversions and/or
deliveries in excess of the monthly allocation from 10 percent through 15 percent above
the monthly allocation.
(d) Two times (200%) the normal water charge for water diversions and/or more
than 15 percent above the monthly allocation.
(e) The above surcharges shall be cumulative.
Section XI: Variances
The city manager, or his/her designee, may, in writing, grant a temporary variance
to the pro rata water allocation policies provided y this Plan if it is determined that failure
to grant such variance would cause an emergency condition adversely affecting the public
health, welfare, or safety and if one or more of the following conditions are met:
(a) Compliance with this Plan cannot be technically accomplished during the
duration of the water supply shortage or other condition for which the Plan is in effect.
(b) Alternative methods can be implemented which will achieve the same level of
reduction in water use.
Persons requesting an exemption from the provisions of this Plan shall file a petition
for variance with the city manager within 5 days after pro rata allocation has been invoked.
All petitions for variances shall be review by the City Council, and shall include the
following.
(a) Name and address of the petitioner(s).
(b) Detailed statement with supporting data and information as to how the pro
rata allocation of water under the policies and procedures established in the Plan
adversely affects the petitioner or what damage or harm will occur to the petitioner or
others if petitioner complies with this ordinance.
(c) Description of the relief requested.
(d) Period of time for which the variance is sought.
(e) Alternative measure the petitioner is taking or proposes to take to meet the
intent of this Plan and the compliance date.
(f) Other pertinent information.
Variances granted by the City of Beaumont shall be subject to the following
conditions, unless waived or modified by the City of Beaumont or its designee:
(a) Variances granted shall include a timetable for compliance.
(b) Variances granted shall expire when the Plan is no longer in effect, unless the
petitioner has failed to meet specified requirements.
Section 2.
It is hereby declared to be the intention of the City of Beaumont that the sections,
paragraphs, sentences, clauses, and phrases of this Plan are severable and, if any
phrase, clause, sentence, paragraph, or section of this Plan shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs, and sections of this Plan, since the same would not have been enacted by the
City of Beaumont without the incorporation into this Plan of any such unconstitutional
phrase, clause, sentence, paragraph, or section.
Section 3.
That any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
Section 4
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 on this the 9"' day of
October, 2001.
- Mayor -
7
Council consider authorizing the City Manager to execute an Industrial District Contract with
ATOFINA Chemicals, Inc.
City of Beaumont
Council Agenda Item
c
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Economic Development Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 4, 2001
REQUESTED ACTION: Consider authorizing the City Manager to execute an Industrial
District Contract with ATOFINA, Chemicals, Inc.
RECOMMENDATION
The Administration recommends approval of authorizing the City Manager to execute an
Industrial District Contract with ATOFINA Chemicals, Inc.
BACKGROUND
Industrial District Contracts enable the City to collect payments in lieu of taxes from industries
located outside the city limits.
The contract with ATOFINA is for seven years beginning January 1, 2002. The in-lieu of tax
payments will be based on a ratio of 80% of property taxes due to the City as if the industry were
located within the city limits in 2002-2004 and 75% of property taxes due to the City in 2005-
2008. The 2002 payment by ATOFINA will be in the amount of$395,761. Payments are due to
the City by February the 1 S`of each year. The 2001 assessed value of ATOFINA is $77,905,730.
BUDGETARY IMPACT
Industrial payments are estimated to total $11,728,700 in FY 2002 which are approximately 17%
of the General Fund revenues.
PREVIOUS ACTION
The existing contract with ATOFINA will expire December 31, 2001.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Economic Development Director,
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager to execute an Industrial District Contract with
ATOFINA Chemicals, Inc.
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
This Agreement is made under the authority of Section 42.044 of the Texas Local
Government Code.
The parties to the Agreement are The City of Beaumont, a municipal corporation
and a home-rule city located in Jefferson County, Texas, hereinafter called "CITY," and
ATOFINA Chemicals, Inc., its parent, subsidiaries and affiliates, hereinafter called
"COMPANY."
PREAMBLE
WHEREAS, Company owns land and improvements which are a part of the
manufacturing, industrial, and refining facilities of said Company. The City has established
an industrial district comprising a certain part of the extra-territorial jurisdiction of the City,
such industrial district being known as the City of Beaumont Industrial District.
WHEREAS, the Company recognizes the benefits of this Agreement and an
obligation to contribute to the revenue needs of said City in an amount commensurate with
the burdens placed upon the City and benefits derived by the Company by reason of being
located immediately adjacent to said City.
WHEREAS,the Company and the City desire to base the industrial district payment
on assessed value to ensure equity among the companies.
In view of the above and foregoing reasons, and in consideration of the mutual
agreements herein contained, Company and City hereby agree as follows:
G:ICGWGREEMENWtochem-08-01.wpd 1 /7
ARTICLE I.
COMPANY'S OBLIGATION
Annual Payment on Company's Property
1. Commencing with the calendar year 2002 and each calendar year thereafter for
the duration of this Contract, the Company will pay the City a certain sum which will be
computed on the assessed value of the Company's facilities property, real, personal, and
mixed located on Company's land covered by this contract as described in Article II
(hereinafter called the "Company's properties).
2. By the term "Assessed Value" is meant the 100°x6 valuation of the Company's
properties, as determined by the Jefferson County Appraisal District for the previous tax
year.
3. The term"assumed City taxes due"shall be calculated by the following formula:
Assessed value + 100 x the current ad valorem tax rate by City
Council of City = Assumed City Taxes due.
4. Payment Procedures
The procedures for determining and making such payments shall be as follows:
(a) The payment for 2002 shall be in the amount of$395,761 and shall be due
and payable on or before February 1, 2002. The February 1, 2002 payment is calculated
as follows:
Assumed City Taxes Due:
$77,905,730 / 100 X .635 = $494,701
Year 1 80% of Assumed City Taxes Due = $395,761
G:ICGWGREEMENVItochem-08-0l.wpd 2/7
Each October thereafter,the Finance Officer shall obtain the most recent assessed
values asset by the Jefferson County Appraisal District forthe Company's properties, real,
personal and mixed, having taxable situs within the areas described in this Agreement; for
example, in October, 2003, the 2003 assessed values shall be used for the February 1,
2004 payment. This assessed value shall be used in the calculation of the payment.
If the assessed values for the period required are in question and/or under litigation
with the Jefferson County Appraisal District, payment shall be computed on the most
recent certified values from the Jefferson County Appraisal District. The Company shall
notify the City following resolution of the appraised value question and an adjustment for
the payment,without interest,will be made within thirty(30)days following such resolution.
(b) After the assessed value of the Company's properties have been
determined, the payment to City shall be 80% of assumed City taxes for the years 2002
2003, and 2004 and 75%of assumed City taxes for the years 2005, 2006, 2007 and 2008.
(c) City hereby agrees to bill Company for its payments due hereunder on or
before January 1 each year. Company shall pay to City such amount billed on or before
February 1 each year. Upon receiving the final payment, the Finance Officer shall issue
an official receipt of said City acknowledging full, timely, final and complete payment due
by said Company to City for the property involved in this Agreement for the year in which
such payment is made. If any annual payment is not made on or before any due date, the
same penalties, interest, attomeys'fees and costs of collection shall be recoverable by the
City as would be collectible in the case of delinquent ad valorem taxes. Further, if
payment is not timely made, all payments which otherwise would have been paid to the
City had Company been in the City limits of City will be recaptured and paid to the City
within 60 days of any such event.
G:ICGWGREEMEN\Atochem-08-0t.wpd 3/7
ARTICLE II.
PROPERTY COVERED BY AGREEMENT
This instrument will reflect the intention of the parties hereto that this instrument
shall govern and affect the properties of Company (facilities, real, personal, and mixed)
located on Company's real property more particularly described in Exhibit "A" hereto,
which are within the extra-territorial jurisdiction of the City of Beaumont.
ARTICLE III.
SALE BY COMPANY
Company shall notify City of any sale of any or all of Company's properties to any
person or entity. As to payments due under this contract, no such sale shall reduce the
amount due the City under this contract until the purchaser of such property has entered
into a contract in lieu of taxes with the City that provides for a continuation of payments to
the City as if no such sale had been made. It is the intent of the parties that no sale of any
of Company's properties will affect the amount to be paid to the City under this Agreement.
ARTICLE IV.
CITY'S OBLIGATIONS
1. City agrees that it will not annex, attempt to annex or in anyway cause or permit
to be annexed any portion of Company's properties covered by this Agreement for the
period of the agreement except as follows:
(a) If the City determines that annexation of all or any part of the Company's
properties covered by this Agreement are reasonably necessary to promote and protect
the general health, safety and welfare of persons residing within or adjacent to the City,
the City will notify Company in accordance with State law of the proposed annexation. to
the event of such annexation, Company wi I I not be required to make further payment under
this Agreement for any calendar year commencing after such annexation with respect to
the property so annexed, but shall nevertheless be obligated to make full payment for the
GACGVIGREEMENWtochem-0M1.wpd 4/7
year during which such annexation become effective if the annexation becomes effective
after the last date on which taxes may be assessed in said year.
(b) In the event any municipality other than the City attempts to annex
separately or in the event the creation of any new municipality shall be attempted so as
to include within its limits of the Company's properties, City shall, with the approval of
Company, seek immediate legal relief against any such attempted annexation or
incorporation and shall take such other legal steps as may be necessary or advisable
under the circumstances with all cost of such action being borne equally by the City and
by the Company or all companies that have entered into agreements with the City for
payments in lieu of taxes with respect to properties located within the City of Beaumont
Industrial District with the Company's portion allocated on the basis of assessed values.
2. The City further agrees that during the term of this agreement, there shall not
be extended or enforced as to any land of the Company's properties within said City of
Beaumont Industrial District, any rules, regulations, or any other actions: (a) seeking in
any way to control the platting and subdivisions of land, (b) prescribing any buildings,
electrical, plumbing or inspection standards or equipment, or(c)attempting to regulate or
control in any way the conduct of Company's activities, facilities or personnel thereof.
3. It is understood and agreed that during the term of this agreement or any
renewals thereof, the City shall not be required to furnish any municipal services to
Company's property; provided, however, City agrees to furnish fire protection to Company
should such protection be requested by Company in the event an unusual emergency
situation occurs.
ARTICLE V.
TERMINATION
It is agreed by the parties to this Agreement that only full, complete and faithful
performance of the terms hereof shall satisfy the rights and obligations assumed by the
GACGWGREEMEN1At0chem-0"1.wpd 5/7
parties and that, therefore, in addition to any action at law for damages which either party
may have, Company may enjoin the enactment or enforcement of any ordinance or charter
amendment in violation of, or in conflict with, the terms of this Agreement and may obtain
such other equitable relief, including specific performance of the Agreement, as is
necessary to enforce its rights. It is further agreed that should this Agreement be
breached by Company, the City shall be entitled, in addition to any action at law for
damages, to obtain specific performance of this Agreement and such other equitable relief
necessary to enforce its rights.
ARTICLE VI.
AFFILIATES
The benefits accruing to Company under this Agreement shall also extend to
Company's"affiliates"and to any properties owned or acquired by said affiliates within the
area described in Exhibit "A" to this Agreement, and where reference is made herein to
Company's property, that shall also include land, property and improvements owned by its
affiliates. The word "affiliates" as used herein shall mean all companies with respect to
which Company directly or indirectly, through one or more intermediaries at the time in
question, owns or has the power to exercise the control over fifty percent (50°x) or more
of the stock having the right to vote for the election of directors.
ARTICLE VII.
TERM OF AGREEMENT
The term of this Agreement shall be for seven (7) years, commencing January 1,
2002, and ending on December 31, 2008.
ARTICLE VIII.
NOTICES
Any notice provided for in this Contract, or which may otherwise be required by law
shall be given in writing to the parties hereto by Certified Mail addressed as follows:
G:ICGWGREEMEN\Atochem-08-01.wpd 6/7
TO CITY TO COMPANY
City Manager ATOFINA Chemicals, Inc.
City of Beaumont P. 0. Box 1427
P. 0. Box 3827 Beaumont, Texas 77704
Beaumont, Texas 77704
ARTICLE IX.
CONTINUATION
If this Agreement shall be held invalid by any court of competent jurisdiction, such
holding shall not affect the right of City to any payment made or accruing to City hereunder
prior to such adjudication, and this provision is intended to be an independent and
separable provision not to be affected by such adjudication.
IN WITNESS THEREOF, this Agreement, consisting of 7 pages plus Exhibit"A", is
executed in duplicate counterparts as of this day of ,
2001.
CITY OF BEAUMONT, TEXAS
By:
Stephen J. Bonczek
City Manager
ATTEST:
Barbara Liming
City Clerk
ATOFINA Chemicals Inc.
By:
ATTEST:
G:\CGIAGREEMENWtochem-08.01.wpd 7/7
8
Council consider an annual contract for professional Auditing Services
:LUE! City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Paula Labrie, Controller
MEETING DA'L'E: October 9, 2001
AGENDA MEMO DATE: October 4, 200 t
REQUESTED ACTION: Council consider an annual contract for professional Auditing
Services.
RECOMMENDATION
Administration recommends approval of an annual contract with an annual renewal option for a
period of three additional years beginning October 1, 2001 with the accounting firm of Patillo,
Brown & Hill, L.L.P.
BACKGROUND
On July 30, 2001 the City issued a request for proposals from Certified Accounting Firms to
provide professional auditing services for the City of Beaumont, Finance Department. Proposals
were received on August 13, 2001 from the following Firms:
FIRM LOCATION ANNUAL FEE
Patillo, Brown and Hill, L.L.P. Waco, Texas $64,000
Edwards, Tate & Fontenote Beaumont, Texas $79,500
Charles Reed and Associates Port Arthur, Texas $80,000
Cook, Shaver, Parker & Williams Beaumont, Texas 590,250
Sanderson, Knox & Belt, L.L.P. Sugarland, Texas $98,900
Cavett, Turner and Wyble, L.L.P. Beaumont. Texas $99,800
Established procedures for evaluating proposals to select the best firm is the responsibility of the
City's audit committee. Members of the audit committee are Mayor David Moore and Council
Members Dr. Lulu Smith and Audwin Samuel. The audit committee met on August 21, 2001
and each proposal was reviewed and evaluated to select the top three firms. After the selection
process, Edwards, Tate and Fontenote, Charles Reed and Associates and Patillo, Brown and Hill,
L.L.P. were invited to be interviewed by the audit committee.
On October 3, 2001 the audit committee interviewed the top three firms and selected
Patillo, Brown and Hill. L.L.P. as the best qualified firm to meet the City's standards for a
comprehensive annual audit.
The firm of Patillo, Brown and Hill, L.L.P. is an 85 person regional accounting firm based in
Waco, Texas with a broad client base, concentrating in governmental auditing. They are
adequately staffed employing 20 full time governmental auditors. They currently serve over 100
governmental clients. The firm uses computer software that will prepare the clients working
papers. This will allow City staff to concentrate on closing the books in an accurate and timely
manner and allow them to focus on writing the Comprehensive Annual Financial Report (CAFR).
They are also staffed with professionals that provide GASB 34 training to their clients. In
selecting the firm of Patillo, Brown and Hill, L.L.P. the City will realize a savings of$15,500
per year ($62,000 for the four years) compared to the next lowest bid.
BUDGETARY IMPACT
Fiscal year 2002 cost of$64,000 compared to Fiscal year 2001 cost of$99,200 based on previous
years cost. The FY 2002 budget has $100,000 allocated for the annual audit. With an annual cost
$64,000 the projected savings over the life of the contract is $144,000.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Audit Committee members, Mayor David Moore, Council Members Dr. Lulu Smith,
Audwin Samuel and the City Manager.
RECOMMENDED MOTION
Approve/Deny the award fo a one (1) year contract with the option to renew annually for a period
of three additional years to Patillo, Brown and Hill, L.L.P. in the amount of$64,000 annually
for providing professional auditing services.
0
IL
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS OCTOBER 9, 2001 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
Confirmation of committee appointments
A) Approve a change in signatories for the Workers Compensation Account at Hibernia
National Bank
B) Authorize the City Manager or his appointed representative to execute Project Agreement
Forms with the Texas Department of Criminal Justice
C) Approve the waiver of penalty and interest on four tax accounts
D) Approve the nomination of C. L. Sherman to the Board of Directors of the Jefferson County
Appraisal District
E) Approve the settlement of a lawsuit
CONSENT AGENDA OCTOBER 9, 2001
* Committee Appointments
Barbara White would be appointed to the Parks and Recreation Advisory Committee. The term
would commence October 9, 2001 and expire October 8, 2003. (Councilmember Bobbie Patterson)
Randy White would be appointed to the Airport Advisory Committee. The term would commence
October 9, 2001 and expire October 8, 2003. (Mayor David W. Moore)
Faye Young would be appointed to the Beaumont Advisory Commission for Prevention of Child
Abuse and Neglect. The term would commence October 9, 2001 and expire October 8, 2003.
(Councilmember Becky Ames)
A) Approve a change in signatories for the Workers Compensation Account at
Hibernia National Bank
The Administration recommends approval of the addition of Jocelyn Harden, Sherry Brown and
Jennifer Escobar as authorized signatories on the account. It is also recommended that Kevin
Glidwell, Lanell Garcia and Beverly Hodges be deleted as signatories on the account. Signatories
on all other City of Beaumont accounts for banking or investment purposes will remain unchanged.
A copy of the staff memorandum is attached for your review.
B) Authorize the City Manager or his appointed representative to execute Project
Agreement Forms with the Texas Department of Criminal Justice
The Administration recommends approval of this item. The Texas Department of Criminal Justice
requires organizations to enter into a Project Agreement for the use of offender labor. Offender
labor is used to maintain and upkeep City parks and other City properties. The City is required to
furnish water and on-site direct communication on an hourly basis to prison headquarters as a part
of the agreement. The agreement is typically renewed every three months. A copy of the staff
memorandum is attached for your review.
C) Approve the waiver of penalty and interest on four tax accounts
The Administration recommends approval of the waiver of penalty and interest on four tax
accounts. Section 33.011 of the State Property Tax Code states "The governing body of a
taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or
omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to
pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer
knows or should know of the delinquency." The Jefferson County Commissioner's Court
approved the waiver of penalty and interest on September 24, 2001. A letter from the
Assessor-Collector of Taxes is attached for your review.
D) Approve the nomination of C. L. Sherman to the Board of Directors of the Jefferson
County Appraisal District
The terms of the current Board members expire on December 31, 2001. Entities have an
opportunity to submit nominations for the Board of Directors by resolution adopted by the
governing body and filing it with the Chief Appraiser by October 22, 2001. Mr. Sherman has
served on the Board since 1994. The Administration recommends approval of this item.
Additional information is attached for your review.
E) Approve the settlement of a lawsuit
The Administration recommends approval of authorizing the settlement of the lawsuit of Mary
Sonnier-Ligon v. City of Beaumont, et al. There are sufficient funds in the Liability Trust Fund to
pay settlement amounts not to exceed $7,500. A copy of the staff memorandum is attached for your
review.
A
,..... Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kandy Daniel, Treasurer
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 4, 2001
REQUESTED ACTION: Council consider a resolution requesting a change in signatories for
the Workers Compensation Account No. 5007019284 at Hibernia National Bank.
RECOMMENDATION
The administration requests approval of the addition of Jocelyn Harden, Sherry Brown and Jeniffer
Escobar as authorized signatories on the above listed account. It is also requested that Kevin
Glidwell, Lanell Garcia and Beverly Hodges be deleted at signatories on the account. Signatories
on all other City of Beaumont accounts for banking or investment purposes shall remain
unchanged.
BACKGROUND
Ward Strategic Claims Solutions is the administrator for the City's Workers'Compensation Claims.
Claims are paid from the City of Beaumont Account No. 5007019284 at Hibernia National Bank.
Both Ward employees and City employees are authorized to sign on the account. Michael
Hamilton, Sydney Post,Judy Ventrca, Diana Rollinson, Paulo Garcia, Kevin Glidwell and Lanell
Garcia are Ward employees who are currently authorized as signatories on the account. Stephen
J. Bonczek, Beverly Hodges, Kandy Daniel and Kyle Hayes are the City employees currently
authorized as signatories on the account.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
Paulo Garcia, Kevin Glidwell and Lanell Garcia were added and Mary Morris was deleted as
authorized signatories on this account on August 31, 1999.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Treasurer.
RECOMMENDED MOTION
Approve/Deny a resolution adding Jocelyn Harden, Sherry Brown and Jeniffer Escobar and
deleting Kevin Glidwell , Lanell Garcia and Beverly Hodges as authorized signatories on the City
of Beaumont Worker's Compensation Account No. 5007019284 at Hibernia National Bank.
B
1179f Cat y of Beaumont
Council Agenda Item
M O g
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: September 18, 2001
REQUESTED ACTION: Approve a resolution authorizing the City Manager or his appointed
representative to execute Project Agreement Forms with the Texas
Department of Criminal Justice.
RECOMMENDATION
Administration recommends City Council authorize the City Manager or his appointed
representative to execute Project Agreement Forms with the Texas Department of Criminal
Justice.
BACKGROUND
The Texas Department of Criminal Justice requires organizations to enter into a Project Agreement
for the use of offender labor. Offender labor is used to maintain and upkeep City parks and other
City properties. The City is required to furnish water and on-site direct communication on an
hourly basis to prison headquarters as a part of the agreement. The agreement is typically
renewed every three months.
BUDGETARY IMPACT
None
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director and Parks Superintendent
RECOMMENDED MOTION
Approve/Deny authorizing the City Manager or his appointed representative to execute Project
Agreement Forms with the Texas Department of Criminal Justice.
TxCriminaUusticesk.wpd
09-18-2001
c
City of Beaumont
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Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 4, 2001
REQUESTED ACTION: Approve the waiver of penalty and interest on four tax accounts.
RECOMMENDATION
The Administration recommends approval of the waiver of penalty and interest on four tax
accounts.
BACKGROUND
Section 33.011 of the State Property Tax Code states "The governing body of a taxing unit may
provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an
officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before
the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of
the delinquency." The Jefferson County Commissioner's Court approved the waiver of penalty
and interest on September 24, 2001. A letter from the Assessor-Collector of Taxes is attached for
your review.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Executive Assistant to the City Manager.
RECOMMENDED MOTION
Approve/Deny the waiver of penalty and interest on four tax accounts.
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MHUAM K. JOHNSON
TAX ASSESSOR-COLLECTOR
NETTIE WILLIAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS
CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR.
409-835-8516 FAX 409-835-8589 i
l
September 25, 2001
Stephen Bonczek, City Manager
City of Beaumont
P. O. Box 3827
Beaumont, TX 77704
Dear Mr. Bonczek:
The Tax Office has accepted four(4)payments that were processed according to Sec. 33.011 of
the State Property Tax Code. For your information, Sec. 33.011 reads as follows: "The
governing body of a taxing unit may provide for the waiver of penalties and interest on a
delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused
the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days
after the taxpayer knows or should know of the delinquency."
The Commissioners' Court met on September 24, 2001 and approved waiver of penalty and
interest on these accounts which are listed on Attachment A. I am now requesting that you
present this information to your governing body in order to ratify the Commissioners' Court
action in accepting these payments. If you should have any problems or questions concerning
this matter, please let me know right away. Please notify me in writing as soon as ratification
has occurred. I look forward to hearing from you.
Sincerely,
MIRIAM K. JO NSON
Assessor-Collector of Taxes
Jefferson County, Texas SEP 4
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ATTACHMENT A
CITY OF BEAUMONT—WAIVER OF P & I
September 24, 2001
Taxpayer's Name Total Levy Waiver of P & I
Account Number Paid Request
1. Jos Simon Jr.
020550-003600 728.18 967.19
2. Parigi Investment
058055-001000 2,894.71 1,037.97
3. Michael Malley
300033-003400 252.67 45.45
4. Thomas Massey
700000-222209 252.15 118.51
D
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Kyle Hayes, Executive Assistant to the City Manager
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 5, 2001
REQUESTED ACTION: Consider nominating C. L. Sherman to the Board of Directors of the
Jefferson County Appraisal District.
RECOMMENDATION
The Administration recommends approval of nominating C. L. Sherman to the Board of Directors
of the Jefferson County Appraisal District.
BACKGROUND
The terms of the current Board members expire on December 31, 2001. Entities have an
opportunity to submit nominations for the Board of Directors by resolution adopted by the
governing body and filing it with the Chief Appraiser by October 22, 2001. Before October 30,
each entity entitled to vote will receive a ballot listing all of the nominees. Each entity will then
cast its votes and submit the resolution before November 15, 2001 back to the Chief Appraiser.
Additional information is attached for your review.
Mr. Sherman has served on the Board of Directors since 1994.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Executive Assistant to the City Manager.
RECOMMENDED MOTION
Approve/Deny nominating C. L. Sherman to the Board of Directors of the Jefferson County
Appraisal District.
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 Fred L. Mitchell,Chairperson
Eugene Landry,Secretary
October 3, 2001 Miriam K.Johnson
Charles Lankford
C. L.Sherman
/ V
Mr. David W. Moore
Mayor L
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Moore:
We have received a request to extend the deadline for submitting nominations for the Jefferson
County Appraisal District Board of Directors for the 2002 - 2003 term of office. Accordingly,
the deadline to submit your nominations in this election has been extended until October 22,
2001. Remember, your nominations must be cast in the form of a resolution adopted by your
governing body.
I will submit a ballot to you before October 30, and you must submit your votes before
November 15, 2001. An extension on the voting deadline will granted upon request should you
need additional time to schedule a meeting of your governing body.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
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--Mr. Stephen J. Bonczek, City Manager "
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• Jefferson County Appraisal District
(409)840-9944
APPRAISAL REVIEW BOARD (409)727-4611
P.O. Box 21337 4610 S. Fourth St.
Beaumont,Texas 77720-1337 Beaumont,Texas 77705
August 13, 2001
-50 4
Mr. David W. Moore
Mayor
City of Beaumont
P O Box 3827
Beaumont TX 77704
Dear Mayor Moore:
In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting
entitlement for each taxing unit that is entitled to vote for the Board of Directors.
The terms of the current Board members expire on December 31, 2001. If your entity would
like to submit nominations for the Board of Directors, you must do so by resolution adopted
by your governing body and file it with me prior to October 15. Before October 30 I will
submit to each entity entitled to vote a ballot listing all of the nominees. Each entity will
then cast its votes, again by resolution adopted by the governing body, and submit the
resolution to me before November 15.
The conservation and reclamation districts are in the process of electing their nominee for the
2002 - 2003 term of office. The nominee of the conservation and reclamation districts will be
placed on the ballot along with the nominees submitted by the County, cities, and school
districts. In the main election, the nominee who receives the majority of the votes cast by the
conservation and reclamation districts will receive all of the votes cast by the special districts.
I have enclosed a copy of the calendar of events for the election of the Board of Directors. If
you have any questions, please do not hesitate to contact me.
Sincerely,
Roland R. Bieber, RPA
Chief Appraiser
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Enclosures
c/Mr. Stephen J. Bonczek, City Manager
7
JEFFERSON COUNTY APPRAISAL DISTRICT
Voting Allocation for 2002 - 2003 Board of Directors
Based on 2000 Tax Levies
% of Total
2000 Tax Lew Tax Lew # of Votes
Drainage District#6 $9,577,556.49 3.22% 161
Drainage District#7 $9,005,537.44 3.02% 151
Port of Beaumont $5,615,686.73 1.89% 94
Port of Port Arthur $3,676,795.10 1.23% 62
Port of Sabine Pass $235,052.84 0.08% 4
Bevil Oaks MUD $124,688.90 0.04% 2
Trinity Bay Conservation Dist $27,116.77 0.01% 0
WCID #10 $508,662.77 0.17% 9
SUBTOTAL C & R DISTRICTS: $28,771,097.04 9.66% 483
Jefferson County $43,312,720.22 14.54% 727
Beaumont ISD $92,585,657.88 31.09% 1554
Hamshire-Fannett ISD $5,227,499.31 1.76% 88
Nederland ISD $14,349,865.40 4.82% 241
Port Arthur ISD $31,698,699.84 10.64% 532
Port Neches-Groves ISD $31,343,510.39 10.52% 526
Sabine Pass ISD $7,502,122.71 2.52% 126
City of Beaumont $24,002,218.06 8.06% 403
City of Groves $3,188,072.78 1.07% 54
City of Nederland $3,509,250.28 1.18% 59
City of Port Arthur $7,823,768.90 2.63% 131
City of Port Neches $4,523,561.55 1.52% 76
SUBTOTALS: $269,066,947.32 90.34% 4517
TOTALS: $297,838,044.36 100.00% 5000
ELECTION OF BOARD OF DIRECTORS
Calendar of Events
Before October 1 Chief Appraiser calculates votes each entity is entitled to and
delivers written notice to each taxing entity (with exception of
conservation and reclamation districts).
Before October 15 By resolution adopted by the governing body, each entity
submits nomination to the Chief Appraiser (with exception of
conservation and reclamation districts). An entity may submit
a nomination for each of the five positions on the Board.
Before October 30 Chief Appraiser prepares a ballot and delivers a copy to
the presiding officer of each entity entitled to vote.
Before November 15 Each entity determines its vote by resolution and submits it to
the Chief Appraiser. An entity may cast all its votes for one
candidate or distribute them among candidates.
Before December 1 Chief Appraiser counts the votes, declares the five candidates
who receive the largest vote totals as the winners, and submits
the results to the taxing entities and the candidates
Should any deadline fall on a weekend or holiday, the deadline is extended to the next
regular business day.
E
City of Beaumont
obsess
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: Joe Sanders, Senior Assistant City Attorney
MEETING DATE: October 9, 2001
AGENDA MEMO DATE: October 4, 2001
REQUESTED ACTION: Consider a resolution authorizing the settlement of the
lawsuit of Mary Sonnier-Ligon v City of Beaumont,
et al
RECOMMENDATION
Council approval of a resolution authorizing the lawsuit settlement of Mary Sonnier-
Ligon v City of Beaumont, et al.
BACKGROUND
Council authorized the settlement of this lawsuit in executive session September 11,
2001.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund to pay settlement amounts not to
exceed $7500 to Mary Sonnier-Ligon and her attorney.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve a resolution authorizing the lawsuit settlment of Mary Sonnier-Ligon v City
of Beaumont, et al.
RESOLUTION NO.
WHEREAS, the lawsuit of Mary Sonnier-Ligon v. City of Beaumont, et al was
discussed in an Executive Session properly called and held on Tuesday, September
11, 2001; and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby authorized to settle the lawsuit of Mary
Sonnier- Ligon; to acknowledge that an employment service credit error was made
which error it is agreed should be corrected and to pay such amounts as are necessary
to correct such error and attorney fees in a sum not to exceed $7500.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 911 day of
October, 2001.
-Mayor-