HomeMy WebLinkAboutPACKET SEPT 19 2006 �r
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 19,2006 1:30 P.M.
CONSENT AGENDA
Approval of minutes
* Confirmation of committee appointments
A) Authorize the City Manager to accept a Tobacco Compliance Grant from the Texas
Comptroller's Office
B) Authorize the City Manager and Chief of Police to execute the Joint Terrorism Task Force
Memorandum of Agreement
C) Authorize the acceptance of a ten(10) foot wide water line easement for fire hydrants
across Kelley Family Investments property(Cypress Bend Apartments) near the
intersection of Gladys and Major
D) Authorize the acceptance of two (2) -ten(10) foot wide water line easements for fire
hydrants across Eagles Landing Apartments
E) Authorize the granting of a License to Encroach to LaTEX Investors, L.P. for a brick
monument sign in the median of Pointe' Parkway
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A
Cit y of Beaumont
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Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police C,
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 12, 2006
REQUESTED ACTION: Council consider authorizing the City Manager to accept a
Tobacco Compliance Grant from the Texas Comptroller's
office in the amount of$7,000.
RECOMMENDATION
Administration recommends authorizing the City Manager to accept a Tobacco Compliance
Grant from the Texas Comptroller's office in the amount of$7,000.
BACKGROUND
The Beaumont Police Department has participated in the enforcement of Texas Tobacco laws for
over 5 years through various grant programs. These programs target establishments that sell
tobacco to minors through inspections and controlled buys. These efforts have resulted in
increased compliance with tobacco laws and a reduction in the use of tobacco by minors in the
area and statewide. These programs are required for the State of Texas to continue receiving
certain types of federal funding which is based upon statewide tobacco law compliance.
BUDGETARYIMPACT
An additional $7,000 in funding for tobacco law compliance enforcement.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager and Chief of Police
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute necessary documents to accept
a Tobacco Compliance Grant in the amount of$7,000 from the Texas Comptroller's office.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
B
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Cit y of Beaumont
� c
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: Frank C. Coffin, Jr., Chief of Police G
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 13, 2006
REQUESTED ACTION: Council consider authorizing the City Manager and Chief
of Police to execute the Joint Terrorism Task Force
Memorandum of Agreement.
RECOMMENDATION
The Beaumont Police Department has been a participant in the Joint Terrorism Task Force since
2002. This Memorandum of Agreement will simply continue with the existing participation of
the Beaumont Police Department in the Joint Terrorism Task Force.
BACKGROUND
The attached Joint Terrorism Task Force Memorandum of Agreement has been in effect in the
past and has been implemented since 2002. A request is being made by the Beaumont Police
Department to continue the participation of the Beaumont Police Department in the Joint
Terrorism Task Force and to authorize the City Manager and the Chief of Police to execute the
attached memorandum of agreement. The agreement has been in effect since 2002 and this
authorization will continue the existing participation of the Beaumont Police Department.
PREVIOUS ACTION
The Beaumont Police Department has been a Joint Terrorism Task Force participant since 2002.
This memorandum of agreement will simply continue with the existing participation of the
Beaumont Police Department in the Joint Terrorism Task Force.
SUBSEQUENT ACTION
None.
BUDGETARYIMPACT
None.
RECOMMENDED BY
City Manager and Chief of Police.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY.OF BEAUMONT:
THAT the City Manager and Chief of Police be and they are hereby authorized to execute
the Joint Terrorism Task Force Memorandum of Agreement 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 19th day of
September, 2006.
- Mayor Guy N. Goodson -
HOUSTON
JOINT TERRORISM TASK FORCE
KEMORAND OF A_ GRE NT
PREAMBLE
This Memorandum of Agreement (MOA) is entered into
by the Federal Bureau of Investigation (FBI) and the Beaumont
Police Department (BPD) and outlines a cooperative effort to
combat terrorism.
ARTICLE ONE:
se of MM
This MOA establishes and delineates the mission and
structure of the Houston Joint Terrorism Task Force (JTTF) in
addressing the complex problem of terrorism affecting
Southeast Texas.
The purpose of this MOA is to set out a common
understanding of the policies and procedures the 8PD and the
FBI will follow in providing law enforcement service to the
citizens of Texas and the United States of American,
ARTICLE TWO:
The JTTF will investigate terrorist organizations
planning or carrying out terrorist acts occurring in or
affecting the State of Texas and will apprehend individuals
committing such violations. The organizations to be
investigated will be specifically identified and agreed. upon
beforehand by JTTF member agencies. All parties agree to
abide by the Attorney General's Guidelines on General Crimes,
Racketeering Enterprise, and Domestic Security./Te'rrorism
investigations (AG Guidelines) and the Attorney Guidelines for
FBI Foreign Intelligence Collection and Foreign
Counterintelligence Investigations as they pertain to
International Terrorism matters. In addition, it is
understood that personnel of the BPD shall be required to
utilize only those investigative techniques consistent with
their given standards and procedures.
ARTICLE THREE: _
ORGANIZATIONAL STRUCTURE AND MANAGEMENT OF THE TASIS FORCE
8 _.MEMBERS
The JTTF shall consist of a combined body of
investigators from each participating agency.
EXHIBIT "A"
�. IDENTIFICATION of OBJECTIVES
The Special Agent in Charge (SAC) of the FBI and the
Chief of the BPD or their designees, shall identify, agree
upon, and articulate specific organizations and investigative
objectives or matters assigned to the JTTF.
C. DIRECTION OF JTTF AND RESOURCE CONTROL
Responsibility for the overall policy and direction
of the JTTF shall rest with an Assistant Special Agent In
Charge (ASAC) of the FBI, who will closely coordinate with the
Chief of the BPD or their designees, on matters of mutual
concern relating to such policy and direction, thus ensuring
the absence of conflict.
Specific control over their JTTF resources and the
continued dedication of _these resources to the JTTF shall be
retained by the participating agency heads, who will be kept
fully apprised of all investigative developments by their
respective subordinates.
D. SUPERVISION OF JTTF
Day-to-day supervision for matters assigned to the
JTTF shall be the responsibility of the designated FBI Senior
Supervisory Special Agent (SSRA) of the Beaumont Resident
Agency in conjunction with the BPD. Responsibility for the
conduct of the JTTF members shall remain with the respective
agency heads. All JTTF personnel will keep their respective
superiors completely informed of -pertinent developments.
E. PHYSICAL LOCATION AND SUPPORT
Subject to availability, the FBI will provide office
space for all JTTF members and support staff. In addition,
the FBI will provide all necessary secretarial, clerical,
automation, and technical support for the JTTF.
F COMMITMENT OF PERSONNEL
The FBI will assign an SSRA (1) and three (3)
Special Agents. BPD will assign one (1) Investigator from the
All members of the JTTF will be assigned full-time
to the JTTF. Continued assignment of members will be made at
the discretion of their respective agencies consistent with
FBI and BPD guidelines .
ARTICLE FOUR:
- VEHICLES
The JTTF agrees to provide the BPD task force member
with a vehicle. The purpose of these vehicles is for
surveillance, case management, and investigation, in
connection with any JTTF investigation. The vehicle provided
by the FBI can be used for official use only in connection
with matters investigated by the JTTF.
In furtherance of the mission of the JTTF and in
compliance with existing FBI policy for operation of V.S .
Government vehicles, the FBI hereby agrees and authorizes
members of the BPD in the JTTF to operate vehicles owned or
leased by the FBI.
The BPD agrees to be responsible for tortious acts
or omissions on the part of the BPD or their employees, and
for any liability resulting from use of FBI owned or leased
vehicles utilized by the BPD Task Force member, and for any
damage to said vehicles as a result of any action or omission
on the part of the Z?D or their employees.
ARTICLE FIVE
RECORDS AND REPORTS
All JTTF investigative records will be maintained at
the Beaumont Resident Agency of the FBI . . Investigative
reports will be prepared on FBI forms. Decisions for
placement of all or part of said investigative records into
BPD files or data bases shall rest with supervisory personnel
of the FBI and the BPD in compliance with applicable standards,
and -procedures governing the respective parties. Classified
information shall not be placed in files.
ARTICLE SIX:
SECURITY CLEARANCE/DEPUTATION
Due to various United States, Department of Justice
(DOJ) regulations and laws regarding classified information,
Prospective members of the JTTF who do not possess Top secret
clearances previously granted by the FBI/I7OJ will be subjected
to full background investigations) with assignment contingent
upon receipt of appropriate security clearance (s) . All non-
FBI personnel will be sworn in as special Deputy U.S .
Marshals. Security clearances will be granted for any
applicable and relevant BPD managers or Supervisors up to, and
including the Chief of Police. Investigative restrictions
imposed by the BPD shall not be voided by deputation of their
respective personnel. All members of the JTTF shall agree not
to disclose any classified or sensitive information to non-
JTTF members without the express permission of the FBI and
shall agree to execute any applicable nondisclosure
agreements, as may be necessary or required by the FBI.
ARTICLE SEVEN:
INVESTIGATIVE EXCLUSIVITY
It is agreed that matters designated to be handled
by the JTTF will not knowingly be subject to non-JTTF law
enforcement efforts. Recognizing the amount of specialized
entities within each member agency, it is incumbent upon each
agency to make proper internal notification regarding JTTF
existence, including its areas of concern. All information
developed by the individual member agency, in the course' of
investigations prior to the JTTF, will be referred to the JTTF
for review and coordination, with approval of the command
staff of each member agency. The non-specialized entities of
each member agency handle a myriad of different law
violations; therefore, JTTF members should make an effort to
keep abreast of law enforcement developments within their
respective agencies, to ensure information involving JTTF
members is referred to the JTTF.
It is also agreed there shall be no unilateral
action taken on the part of any participating agency relating
to JTTF investigations. All law enforcement actions will be
coordinated and cooperatively carried out.
ARTICLE EIGHT:
SALARY/COMPENSATION
Salaries of JTTF members will be paid by their
respective agencies. Overtime incurred in the performance -of -
JTTF responsibiiities, .when allowable under federal law -anti to ---
the extent that federal funding is available for such -
purposes, will be reimbursed by the FBI so long as a separate
overtime agreement is executed between the parties.
Otherwise, overtime shall be compensated in accordance with
applicable BPD overtime provisions and shall be subject to the
prior approval of appropriate personnel.
The FBI shall report to the BPD supervisor all
payments made to non-FBI JTTF members including but not
limited to overtime.
ARTICLE NINE:
PROSECUTION
JTTF investigations will conform to the requirements
of federal prosecution rules and regulations and will
generally be prosecuted in federal courts. It is recognized,
however, that specific circumstances may, on a base-by-case
basis, indicate that prosecution should be in a state court.
The criteria for making such decisions will focus upon
achieving the greatest overall benefit to law enforcement and
the public, and effecting the greatest impact on terrorism.
ARTICLE TEN:
INFORMANTS/EXPENSES
The JTTF will abide by the Attorney General's
Guidelines on the Use of Informants and Confidential Sources.
To the extent that BPD standards and procedures impose any
greater restrictions upon the use of their informants and
cooperating witnesses, such personnel shall be bound by those
restrictions. Subject to appropriate FBI approvals, the FBI
agrees to pay any reasonable and necessary expenses incurred
by the JTTF. The BPD agrees that prior to incurring such
expenses, it will consult with the FBI's designated
representative to ensure anticipated expenses will be in
furtherance of JTTF goals and objectives.
ARTICLE ELEVEN:
FORFEITURE
Any forfeiture realized as a result of cases worked
by the JTTF will be handled in accordance with applicable
federal law and FBI guidelines. FBI guidelines will govern
the sharing of seized and/or forfeited assets.
ARTICLE TWELVE:
MEDIA
No members of the JTTF .will discuss or otherwise e
reveal information relating to JTTF investigations, or other
FBI related investigations known to them, to any media
representatives. All media releases on JTTF matters will be
mutually agreed upon and coordinated jointly.
ARTICLE THIRTEEN:
LIABILITY
Unless specifically addressed by the terms of this
MOA, the parties agree to be responsible for the negligent or
wrongful acts or omissions of their respective employees.
Legal representations by the U.S. is determined by the DOJ on
a case-by-case basis. The FBI cannot guarantee the U.S. will
provide legal representation to any Federal or State law
enforcement officer or employee.
Congress has provided that the exclusive remedy for
the negligent or wrongful act or omission of an employee of
the U.S. Government, acting within the scope of his/her
employment, shall be an action against the U.S. under the
Federal Tort Claims Act (FICA) , 26 USC, Section 1346 (b) , and
Sections 2671-2680.
For the limited purpose of defending claims arising
out of JTTF activity, state officers who have beeri
specifically deputized and who are acting within the course
and scope of their official duties and assignments pursuant to
this MOU, may be considered an "employee" of the U.S.
Government as defined in 28, USC, Section 2671. See 5 USC,
Section 3374 (c) (2) .
Under the Federal Employees Liability Reform and
Tort Compensation, Act of 1998 (commonly known as the Westfall
Act) , 28 USC, Section 2679 (b) (1) , the Attorney General or
his/her designee may certify that an individual defendant
acted within the scope of his employment at the time of the
incident giving rise to the suit. id., 28 USC, Section 2619
(d) (2) . The U.S . can then be substituted for the employee as
the sole defendant with respect to any tort claims. 28 USC,
Section 2679 (d) (2) . If the U.S. is substituted as
defendant, the individual employee is thereby protected from
suits in his official capacity.
If the Attorney General declines to certify that an
employee .was acting within the scope of employment, "the_
employee may at any time before trial, petition the court to
find and certify that the employee was acting within the
scope of his office or employment." 26 USC Section 26'779
(d) (3) .
Liability for any negligent or willful acts of JTTF
members, undertaken outside the terms of this MOU will be the
•
sole responsibility of the respective employee and agency
involved. Liability for violations of federal constitutional
law rests with the individual federal agent or officer
pursuant to Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics, 403 U.S. 368 (1971) or pursuant to 42
USC, Section 1963 for state officers or cross-deputized
federal officers.
Both state and federal officers enjoy qualified
immunity from suit for constitutional torts, "insofar as their
conduct does not violate clearly established statutory or
constitutional rights of which a reasonable person would have
known." Harlow v. Fitzgerald, 457 U.S. 600 (1982) .
MY' officers may request representation by the U.S.
DOJ for civil suits against them in their individual
capacities for actions taken within the scope of employment.
28 C.E.R. Sections 50.15, 50.16.
An employee may be provided representations "when
the actions for which representation is requested reasonably
appear to have been performed within the scope of the
employee' s employment and the Attorney General, or his/her
designee, determines that providing representation would
otherwise be in the interest of the U.S." 28 C.F.R. Section
50.15 (a) . '
A JTTF officer' s written request for representation
should be directed to the Attorney General and provided to the
Chief Division Counsel (CDC) of the FBI division coordinating
the task force. The CDC will then forward the representation
request to the FBI's Office of General Counsel (OGC) together
with a Letterhead Memorandum concerning the factual basis for
the lawsuit. FBI/OGC will then forward the. request to the
Civil Division of DOJ together with an agency recommendation
concerning scope of employment and Department representation.
28 C.F.R. Section 50 .15 (a) (3) .
If a JTTF officer is found to be liable for a
constitutional tort, he/she may request indemnification from-
DOJ to satisfy an adverse judgement rendered against the
employee in his/her individual capacity. 28 C.F.R. Section _
50. 15 (e) (4) . The criteria for payment are substantially
similar to those used to determine whether a federal employee
is entitled to DOJ representation under 28 C.F.R. Section
50 , 15 (a) .
ARTICLE FOURTEEN:
DURATION OF THE TASK FORCE
The JTTF will continue for an indefinite period but
participation may be terminated at any time upon the.written
notice of either party to this Memorandum of Agreement.
„
SIGNATORIES
Roderick L. Beverly
SPECIAL AGENT IN CHARGE
Federal Bureau of Investigations
Chief Frank C..Coffin,Jr.
Beaumont Police Department
Officer of the Chief Contracting Officer
Federal Bureau of Investigation
Washington,D.C.
Kyle Hayes
City Manager
City of Beaumont
c
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 7, 2006
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten(10)
foot wide water line easement for fire hydrants across Kelley Family
Investments property (Cypress Bend Apartments) near the
intersection of Gladys and Major.
RECOMMENDATION
Kelley Family Investments, Ltd. has agreed to convey a ten foot(10')wide water line easement to
the City of Beaumont. The Water Line Easement crosses Cypress Bend Apartments property near
the intersection of Gladys and Major Drive and will serve fire hydrants on the property(described
as 0.3492 acre of land out of the A. Huston Survey, Abstract 33).
Administration recommends acceptance of the easement.
BACKGROUND
The easement is to be used to provide access to the water lines and fire hydrants for the property
named above. It would also allow for the construction, alteration, operation and maintenance of
the said water lines and appurtenances.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director
engfire_cypress-kelley-ib.wpd
7 September,2006
RESOLUTION NO.
WHEREAS, Kelley Family Investments, Ltd., has offered to convey a ten-foot(10')
wide Water Line Easement, being a 0.3492 acre of land out of and a part of the A. Huston
Survey, Abstract No. 33, Jefferson County, Texas, as described on Exhibit "A" attached
hereto, to the City of Beaumont for the purpose of providing access for fire prevention
services; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Kelley Family Investments, Ltd., as described on Exhibit
"A," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
EXIBIT"A"
0.3492 ACRE OF LAND
FOR UTITLITY EASEMENT PURPOSES
OUT OF THE
A. HUSTON SURVEY,ABSTRACT NO. 339
JEFFERSON COUNTY,TEXAS
BEING 0.3492 acre of land out of and a part of the A. Huston Survey, Abstract No. 33,
Jefferson County, Texas; being part of a (Called 7.792) acre tract of land conveyed to
Kelley Family Investments, Ltd, recorded in File No. 2006011421, Official Public
Records of Real Property, Jefferson County, Texas; said 0.3492 acre tract being more
fully described by metes and bounds as follows,to wit:
BEGINNING at a point for corner on the North right of way line of a dedicated road
named Gladys Avenue; said point for corner being on the west line of Lot 1, Replat of
Gladys Business Park Subdivision Section One, recorded in Volume 16, Page 283, Map
Records, Jefferson County, Texas; also being the Southeast comer of the (Called 7.792)
acre tract;
THENCE, North 88 deg., 36 min., 10 sec., West, on the North right of way line of said
Gladys Avenue, a distance of 9.86' to a point for comer,
THENCE, North 01 deg., 47 min., 26 sec., East, a distance of 189.57' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 145.05' to a point for
comer;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 10.00' to a point for
comer,
THENCE, North 00 deg., 11 min., 25 sec., East, a distance of 572.37' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 10.00' to a point for
comer;
THENCE, South 00 deg., 11 min., 25 sec., West, a distance of 15.00' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 97.20' to a point for
comer;
THENCE, South 37 deg., 59 min., 04 sec., East, a distance of 364.66'.66' to a point for
E)GMrr"A"
PAGE 1 of 3
THENCE, South 88 deg., 14 min., 56 sec., East, a distance of 123.40' to a point for
corner on the Westerly line of a 110' wide right of way, Bench No. 202-E for Drainage
District No. 6, recorded in Film Code No. 103-43-0139, .Official Public Records of Real
Property,Jefferson County,Texas;
THENCE, South 37 deg., 59 min., 04 sec.,East, a distance of 13.00' to a point for comer
on the North line of a (Called 1.0) acre tract of land conveyed to Broussard's Mortuary,
Inc., recorded in File No. 2001002700, Official Public Records of Real Property,
Jefferson County,Texas;
THENCE,North 88 deg., 14 min., 56 sec., West, on the North-line of a(Called 1.0) acre
tract,a distance of 136.40' to a point for corner;.
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 191.91' to a point for
comer;
THENCE, South 52 deg;, 00 min., 56 sec., West, a distance of 17.60' to a point for
comer;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 10.00' to a point for
comer;
THENCE, North 52 deg., 00 min., 56 sec., East, a distance of 17.60' to a point for
comer;
THENCE, North 37 deg., 59 min., 04 sec., West, a distance of 162.58' to a point for
comer;
THENCE, North 89 deg., 48 min., 35 sec., West, a distance of 92.34' to a point for
Comer;
THENCE, South 00 deg., 11 min, 25 sec., West, a distance of 522.37' to a point for
comer;
THENCE, South 89 deg., 48 min., 35 sec., East, a distance of 155.16' to a point for
corner being on the West line of said Lot 1,Replat of Gladys Business Park;
THENCE, South 01 deg., 46 min., 56 sec., West, on the West line of said Lot 1, a
distance of 199.81' to the POINT OF BEGINNING and containing 0.3492 acre of land
for utility easement purposes.
This description is based on the Land Survey made by Anthony M. Leger, Registered
Professional Land Surveyor No. 5481, on August 16, 2006.
City of Beaumont
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SURVr1fOWS CERTIFICATION:
The undersigned does hereby certify that this survey was this day 7/17/06 made of
the property legally described hereon and is correct, and that there are no discrepancies, conflicts, shortages of area,
boundary line conflicts, encroachments, overlapping of improvements, easements or right of way, except as shown
hereon, and that said property has access to and from a dedicated roadway. This survey is certified for this
transaction only; it is not transferable to additional institutions or subsequent owners.
ANTHONY M. ER
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5481
> "B" 06-0802A
0.3492 ACRE OF LAND PART OF THE
HUSTON SURVEY, ABSTRACT N0. 93, 1 � 00'
S OUTEX
SURVEYORS INC. JEFFERSON COUNTY, TEXAS. 17 06
3737 DOCTORS DRIVE CITY OF BEAUMONT T.
PORT ARTHUR, TEXAS 77642 501 MAIN STREET A LEGER
(409) 983-2004 (409) 983-2005 p BEAUMONT, TEXAS 77704-3827
EXHIBTT A'
PAGE 3 of 3
D
Cit of Beaumont
y
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 7, 2006
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of two(2) -
ten (10) foot wide water line easements for fire hydrants across
Eagles Landing Apartments.
RECOMMENDATION
Charles S. Leyendecker, Trustee, (Eagles Landing Apartments)has agreed to convey two(2)ten
foot (10') wide water line easements to the City of Beaumont. The easements are located across
Eagles Landing Apartments at 3980 North Major Drive and will provide mandatory access for fire
prevention services. The easements are described as follows:
1. being a ten foot(10)easement, for a distance of 53 feet out of the W. B. Dyches
Survey,Abstract 17,and containing 0.0122 acres of land at 3980 North Major Drive.
2. being a ten foot(10)easement, for a distance of 53 feet out of the W. B. Dyches
Survey, Abstract 17, containing 0.0122 acres of land and being adjacent to an
existing fifteen foot(15) utility easement at 3980 North Major Drive.
Administration recommends acceptance of the easements.
BACKGROUND
The easement is to be used to provide exclusive access to the water lines and fire hydrants for the
property named above. It would also allow for the construction, alteration, operation and
maintenance of the said water lines and appurtenances.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
engfire_eagles-landing-06-ib.wpd
7 September 2006
RESOLUTION NO.
WHEREAS, Charles S. Leyendecker, Trustee, (Eagles Landing Apartments), has
offered to convey two (2) ten-foot (10') wide Water Line Easements, as described on
Exhibit"A"attached hereto,for the purpose of providing access for fire prevention services:
1. being a ten (10) foot easement, for a distance of 53
feet out of the W. B. Dyches Survey, Abstract 17,
containing 0.0122 acres of land at 3980 North Major
Drive.
2. Being a ten (10) foot easement, for a distance of 53
feet out of the W. B. Dyches Survey, Abstract 17,
containing 0.0122 acres of land and being adjacent to
an existing fifteen (15) foot utility easement at 3980
North Major Drive.
and,
WHEREAS, the City Council has considered the purpose of said conveyances and
is of the opinion that the acceptance of said conveyances is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easements conveyed by Charles S. Leyendeckers, Trustee, (Eagles Landing
Apartments), as described on Exhibit "A," be and the same are hereby, in all things,
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
Fittz & Shipman
SINC
EXHIBIT "A"-PAGE 1 OF 5 Consulting Engineers and Land Surveyors
FIELD NOTE DESCRIPTION
FORA
0.0122 ACRE TRACT
FOR A 10' WIDE WATERLINE EASEMENT
OUT OF THE
W.B.DYCHES SURVEY,ABSTRACT 17
JEFFERSON COUN'T'Y, TEXAS
AUGUST 7, 2006
EASEMENT I
That certain 0.0122 acre tract for a 10-foot wide waterline easement out of the W. B. Dyches
Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.308 acre tract(Tract 1)
/conveyed to Charles S. Leyendecker, Trustee as recorded in Clerks File No. 2003053112 of the
Official Public Records of Real Property of Jefferson County, Texas, said 0:0122 acres being
more particularly described by metes and bounds as follows:
Basis of Bearing is along the east right-of-way line of North Major Drive and the west line of the
said 1.308 acre tract(Tract 1) having been called North 02°49'37"West 204.08 feet
COMMENCING at a %s" capped iron rod found in the east right-of-way line of North Major Drive
for the northwest comer of a called 15-foot wide utility easement recorded in Clerks File No.
2003045368 of the Official Public Records of Real Property of Jefferson County, Texas and the
said 1.308 acre tract (Tract 1)from which a W capped iron rod set for the northeast comer of
the said 1.308 acre tract(Tract 1) bears North 87 009'15" East 279.18 feet (called North
.87 009'15" East 279.18 feet);
THENCE South 02'49"37"East along the said east right-of-way line of North Major Drive, the
most northerly west line of the said 15-foot wide utility easement and the west line of the said
1.308 acre tract(Tract 1) a distance of 15.00 feet(called South 02 04937" East)to a point for an
exterior comer of the said 15-foot wide utility easement;
THENCE North 87°09'.15" East along an interior,,line of the said 15-foot wide utility easement a
,distance of 165.35 feet(called North 87 009'44' East) to a point for the northwest comer of the `
said 0.0122 acre tract and the POINT OF BEGINNING;
THENCE North 87 009'15" East continuing along the said interior line of the 15-foot wide utility
easement a distance of 10.00 feet(called North 87°09'44' East) to a point for the northeast
comer of the said 0.0122 acre tract
THENCE South 02°50'39" East a distance of 53.00 feet to a point for the southeast comer of the-
said
0.0122 acre tract; ---
THENCE South-87009'1 5"West a distance of 10.00 feet to a point for the southwest comer of
the said 0.0122 acre tract;
F"utz&Shipman,Ina
Page 1 of 2
Project No.01995.000ltskl•
Plat&Description
1405 Comerstone-.Court,� Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303 .
EXIE IBIT"A"-PAGE 2 OF 5
THENCE North 02°50'39"West a distance of 53.00 feet to POINT OF BEGINNING and
containing 0.0122 acres of land, more or less.
This Field Note Description is being submitted along with a plat based on a survey performed by
Fittz &Shipman; Inc. during October 2003.
,gypI$OF T F
••.... ,p
Walter J. Ksiazek *q)"* ISSTEQo'l *
Registered Professional nd Surveyo (o. 5321
WALTER J: KSIAZEK
% ;A9 5321 v•
!•'�'�SS10�•'•
SURVE
Maz&Shipman,Ina
Page 2 of 2
Project No.01995.0001tskl
Plat&Description
Fiffz & Shipman
INC
j EXHIBIT"A"-PAGE 3 OF 5 Consulting Engineers and Land Surveyors
FIELD NOTE DESCRIPTION
FORA
0.0122 ACRE TRACT
FOR A 10' WIDE WATERLINE EASEMENT
OUT OF THE
W.B.DYCHES SURVEY,ABSTRACT 17
JEFFERSON COUNTY, TEXAS
AUGUST 7, 2006
EASEMENT 2
That certain 0.0122 acre tract for a 10-foot wide waterline easement out of the W. B. Dyches
Survey, Abstract 17, Jefferson County, Texas, being out of a called 1.308 acre tract(Tract 2)
,conveyed to Charles S. Leyendecker, Trustee as recorded in Clerks File No. 2003053112 of the
Official Public Records of Real Property of Jefferson County,Texas, said 0.0122 acres being
more particularly described by metes and bounds as follows:
Basis of Bearing is along the east right-of-way line of North Major Drive and the west line of the
said 1.308 acre tract (Tract 2) having been called North 02 049'37"West 204.04 feet
COMMENCING at a '/" capped iron rod found in the east right-of-way line of North Major Drive
for the southwest comer of a called 15-foot wide utility easement recorded in Clerks File No.
2003045368 of the Official Public Records of Real Property of Jefferson County, Texas and the
said 1.308 acre tract (Tract 2)from which a '/Z" capped iron rod set for the southeast comer of
the said 1.308 acre tract(Tract 2) bears North 87 009'29" East 103.83 feet(called North
.87 009'29" East);
THENCE North 02 050'39"West along the said east right-of-way line of North Major Drive, the
most southerly west line of the said 15-foot wide utility easement and the west line of the said
1.308 acre tract(Tract 2) a distance of 15.00 feet to a point for an exterior comer of the said 15-
foot wide utility easement;
THENCE North 87 009'29" East along an interior,line of the said 15-foot wide utility easement a
;distance of 165.48 feet(called North 87°09'38' East) to a point for the southwest comer of the
said 0.0122 acre tract and the POINT OF BEGINNIIIRG;
THENCE North 02°50'39"West a distance of 53.00 feet to a point for the northwest comer of
the said 0.0122 acre tract;
THENCE North 87°09'29" East a distance of 10.00 feet.to a point for the northeast comer of the
said 0.0122 acre tract; -
THENCE South 02 050'39" East a distance of 53.00 feet to a point in the said interior line of the
15-foot wide utility easement for the southeast comer of the said 0.0122 acre tract
FaTz&Shipman,Inc.
Page 1 of 2
Project No.01995.000 R U
Plat&Description
1405 Comerstone:Court, Beaumont,Texas 77706 • (409) 832-7238 •fax(409) 832-7303
Eli Mrr"A"-PAGE 4 OF 5
THENCE South 87 009129"West along the said interior line of the15-foot wide utility easement a
distance of 10.00 feet to the POINT OF BEGINNING and containing 0.0122 acres of land, more
or less.
This Field Note Description is being submitted along with a plat based on a survey performed by
Fittz &Shipman, Inc. during October 2003.
Walter J. Ksiazek �.�.�OF 'rFk
Re
,9istered Professional Land SurveyorNo. 5321 *y~•�G�stERFd9�,*
i WALTER J. KSIAZEK
6321 „•
b Q:
..,..
SUR'Xt
' r
Fitz&Shipman,Ina
Page 2 of 2
Project No-01995.0001tsk1A
Plat&Description
COMMENCING If EXHIBIT W—PAGE 5 OF 5
POINT I I NOW OR FORMERLY
EASEM84T 1 I I LATE%INVESTORS.LP.
FOUND 1/2- REMAINDER OF 200.616 ACRES
CAPPED II CLERKS FILE N0. 2000021770 OPRRPJC
ItON ROD SET 1/2'
87'N09 5$'1 E 279118) CA PED ROD
N 87'09'15" E 165.35 Lt 13 UTILITY EASEMENT— ————
(CALLED N 17'09'44" E) I I CLERKS FILER.R. 2003045M1,
II i I_j
POINT OF
II BEGINNING I
II EASEMENT 1 Li
(I 0.0122 ACRE L3
I1
I I
I1 0 30 60
of ~ S C A L E
CHARLES S. LEYENDECKER, TRUSTEE
O .. WTI CLERKS FILE NO.2003053112 O.P.R.R.P.&C.
b OD to I i (CALLED TRACT 1-1.301 ACRES)
3 09 -I1
�3t I
F- mp:"
O �' 1 1
Z C=.0 I1 FOLSOM APARTMENT DEVELOPMENT, LTD.
O 1 CLERKS FILE NO. 2001019223,O.P.R.R.P.J.C.
c v Z I (REMAINDER OF A CALLED 11.1 ACRES)
Ilw�g
II�N^ CHARLES S. LEYENDECKER, TRUSTEE
II CLERKS FILE NO. 2 003 05 311 2,O.P.R.R.P.J.C.
(CALLED TRACT 2-1.305 ACRES)
o i1
C4 I)
I I
I 1
I 1 L6
POINT OF
COMMENCING i BEGINNING n
E 1 EASEMENT 2
EASEMENT 2 0.0122 ACRE
�I I�
FOUND 1/2' I1 SET 1�.
CAPPED I (CALLED N 67`09'38'E) I I 15'UTILI TY EASEMENT
IRON R00 1r N 87'09'29 E 16$.48 CLERKS FEE NQ 2DO304s361. IRON CAPPEDD
—I I —— 8 —— L8
d —————— ——— — ————
N 87'09'29" E 279.31
(CALLED N 8799'29"E 279.31)
JEFFT?N COUNTY DRAINAGE D151RICT No. 6
CIERK'S FIE Na 20010404445 O.P.R.R.P.J.C.
TRACT THREE 0.987 ACRES
SURVEYOR'S CERTfICATO4: NUMBER DIRECTION DISTANCE
I DO HEREBY CERTIFY,TO THE BEST OF MY KNOWLEDGE AND BELIEF, L1 N 87109'15' E 10.00
THAT THIS IS AN ACCURATE PLAT OF A SURVEY k DESCRIPTIO►,I MADE CALLED N 17109'44'E
ON THE GROUND UNDER MY SUPERVISION DURING 2003.
L2 S 02'50'39" E 53.00
S t.�
OF Tie L3 —9--87--099-5-0 W 10.00
,913TEa �p L4 N 02'50 39 W 53.00
WALTER J.KSIA2TX �' f ' * * L5 N 02'50'39 W 53.00
REGISTERED PROFESSIONAL SURVEYOR . s321 WATER J,KSIAZEK L6 N 87'09 29 E 10.00
6321 v• L7 S 0230 39 E 53.00
r8-7 87'09'29 W 10.00
(�•��.. *0 CALLED S 8799.31•W
'y SURW
0:\PROJECTS\01995\01995-001\TASK 1\99508mg06.d" Aug 07. 2001 02:17pm
Fittz&Shipman 10' WIDE WATERLINE EASEMENTS SHEET NO.
INC PROJECP NAPE: EAGLES LANDING. PHASE TWO
3980 NORTH MAJOR DRIVE
1405 CORNERSTONE COURT.BEAUMONT. TEXAS BEAUILONT, JEF'F'ERSON COUNTY. TEXAS PROJECT NO.
(409)632-7236 FAX(409)632-7303
DATE:8-01-06 01995.0001
E
Cit of Beaumont
y
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 11, 2006
REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to
Encroach to LaTEX Investors,L.P. for a brick monument sign in the
median of Pointe' Parkway.
RECOMMENDATION
LaTEX Investors,L.P.has submitted an application for a License to Encroach for a brick monument
sign in the median of Pointe' Parkway. The encroachment is a three(3)foot high brick,monument
sign,nineteen(19)feet in length in the median of Pointe'Parkway,twenty(20)feet north of Folsom
Drive(6400 Block of Folsom).
Administration recommends authorization to execute the License to Encroach.
BACKGROUND
The License to Encroach protects the City from liability and provides a thirty(30)day cancellation
clause.
BUDGETARY IMPACT
There is a one time fee of$500 for the License to Encroach.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager and Public Works Director
engmonument-sign-ib.wpd
11 September 2006
COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES
FOR
LICENSE TO ENCROACH APPLICATION
PROPERTY DESCRIPTION: A three foot (3') high brick, monument street sign nineteen
(19) feet in length in the median of Pointe' Parkway, twenty
(20) feet north of Folsom Drive(6400 block of Folsom).
APPLICANT: Carroll &Blackman for LaTEX Investors, L. P.
DATE OF DISTRIBUTION: August 29, 2006 DUE: September 12, 2006
1) Joris P. Colbert, City Engineer Date Received: 9-1-2006
Acceptance and Approval.
2) Jim Terry, Streets &Drainage Superintendent Date Received: 8-29-2006
Acceptance and Approval.
3) Jack Maddox, Fire Marshall Date Received: 8-29-2006
Acceptance and Approval.
4) Hani Tohme, Water Utilities Date Received: 9-5-2006
Acceptance and Approval.
5) Stephen Richardson, Planning Manager Date Received: 8-29-2006
Acceptance and Approval.
6) Mark Horelica, Transportation Manager Date Received: 8-29-2006
Acceptance and Approval. No objections.
7) Richard Le Blanc, D.D.#6 Date Received: 8-29-2006
Acceptance and Approval.
8) Tyrone Cooper, Legal Department Date Received: 9-7-2006
Acceptance and Approval. For the Record:This is not in keeping with our license to encroach policy
in that we typically do not allow an encroachment to be created. The policy is designed to
acknowledge a condition of inadvertent encroachment.
comments_summary_monument-sign
RESOLUTION NO.
WHEREAS, LaTEX Investors, L.P., has requested that the City of Beaumont grant
a License to Encroach Agreement on the median of Pointe' Parkway,twenty(20)feet north
of Folsom Drive (6400 Block of Folsom), for a three (3) foot high brick, monument sign,
nineteen (19) feet in length, as shown in Exhibit "A" attached hereto and made a part
hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachment upon the City and utilities serving the same; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a License to Encroach
with LaTEX Investors, L.P., for a three (3) foot high brick, monument sign, nineteen (19)
feet in length, on the median of Pointe' Parkway, twenty (20) feet north of Folsom Drive
(6400 Block of Folsom) as shown in Exhibit "A" attached hereto and made a part hereof
for all purposes for a one-time fee of Five Hundred Dollars ($500.00) for each License to
Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS SEPTEMBER 19, 2006 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 2, 4-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider adopting the FY 2007 Budget
2. Consider accepting the tax roll and establishing the property tax rate for the tax
year 2006 (FY 2007)
3. Consider adopting the 2007 Capital Program
4. Consider approving a one year agreement with Blue Cross Blue Shield of Texas
(BCBSTX)for employee medical and dental insurance
5. Consider approving an annual contract for container and solid waste collections at
various city-owned facilities
6. Consider approving new rates for the rental of city recreation buildings
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to employment, evaluation and duties of a public officer
or employee in accordance with Section 551.074 of the Government Code:
Chief Magistrate James McNicholas
City Magistrate Theodore Johns
City Magistrate Craig Lively
* Consider matters related to contemplated or pending litigation in
accordance with Section 551.071 of the Government Code:
Entergy Gulf States, Inc.
7. Consider amending Ordinance No. 04-068 granting an electric franchise to Entergy
Gulf States, Inc. and authorizing the City Manager to enter into an agreement
reserving to the end of the term of the franchise agreement the parties' rights to
resolve an issue regarding the timing of franchise payments
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids
or services are requested to contact Lenny Caballero at 880-3716 three days prior to the
meeting.
! 1
September 19,2006
Consider adopting the FY 2007 Budget
•
City of Beaumont
-Z 31L Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 12, 2006
REQUESTED ACTION: Consider adopting the FY 2007 Budget
RECOMMENDATION: Administration recommends Council adopt the FY 2007 Budget
as submitted to Council on August 15, 2006.
BACKGROUND
Article VI, Section S 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."
BUDGETARY IMPACT
Proposed appropriation for all funds, net of a contingency, totals $195,044,300. Additionally,
a contingency appropriation of$1,500,000 is made for the General Fund.
PREVIOUS ACTION
The FY 2007 Budget was submitted to Council on August 15, 2006, and reviewed during a
work session on August 29, 2006. A public hearing was held on September 12, 2006, which
►net the requirements of the Charter and state law.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Chief Financial Officer.
ORDINANCE NO.
ENTITLED AN ORDINANCE REFERRED TO AS THE
"ANNUAL APPROPRIATION ORDINANCE" ADOPTING A
BUDGET FORTHE FISCAL PERIOD BEGINNING OCTOBER
1, 2006 AND ENDING SEPTEMBER 30, 2007 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 1,2006 and ending September 30, 2007; and,
WHEREAS, after notices and public hearings held in accordance with the
requirements of the Charter of the City of Beaumont and the statutes of the State of Texas,
the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should
be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That the budget attached hereto as Exhibit "A" and made a part hereof for all
purposes is hereby adopted 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, 2006, and ending the 30th day of
September, 2007, 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 2.
That the sums indicated are appropriated from the following schedule of funds:
a. General $86,348,700
b. Debt Service 14,327,500
C. Water Utilities 32,115,200
d. Solid Waste Management 8,217,400
e. Hotel Occupancy Tax 2,588,200
f. Henry Homberg Golf Course 464,700
g. Municipal Transit 12,219,000
h. Other Special Revenue 10,927,800
i. Capital Reserve 5,209,900
j. Fleet Management 5,717,700
k. Employee Benefits 16,103,700
I. General Liability 804,500
Section 3.
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 interfund transfer.
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 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 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 19th day of
September, 2006.
- Mayor Guy N. Goodson -
GENERALFUND
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xE•..;�+� < i3�€._=':z=�"�.
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Sales and use taxes $ 28,063,209 $ 28,215,000 $ 35,461,500 $ 31,261,500
Property taxes 17,344,733 19,939,000 19,844,000 19,206,000
Industrial payments 11,456,951 11,560,700 11,492,600 12,142,800
Gross receipts taxes 6,055,182 6,078,000 6,253,300 6,220,000
Utility fund in lieu 6,279,000 6,279,000 6,279,000 6,936,000
Charges for services 3,267,783 3,133,700 3,203,900 3,396,000
Fines and forfeits 1,719,191 1,750,000 2,378,400 1,925,400
Licenses and permits 1,260,307 1,325,900 1,427,500 1,300,000
Culture and recreation 715,840 660,300 371,100 504,000
Interest earnings 464,199 400,000 1,090,000 1,200,000
Miscellaneous revenues 892,128 737,300 965,100 847,100
Transfers in - - - 645,700
TOTAL REVENUES 77,518,523 80,078,900 88,766,400 85,584,500
EXPENDITURES
Police 21,321,267 24,092,700 24,061,000 25,525,100
Fire 16,577,479 18,439,700 18,496,700 19,428,400
Public Works 8,904,594 10,426,900 10,556,200 16,028,500
Public Health 4,490,627 6,178,600 5,936,700 6,503,700
Event Facilities and Libraries 2,333,155 3,539,200 3,425,300 3,613,800
Parks and Recreation - - - 3,576,000
Finance 1,952,822 3,742,800 3,563,900 3,379,500
Technology Services 2,725,800
Executive Office 1,206,783 1,423,500 1,414,700 1,462,500
Human Resources 741,095 899,300 873,200 744,700
City Attorney 570,968 707,400 692,900 710,700
City Clerk 190,702 214,200 219,100 324,000
Internal Services 8,852,099 7,993,400 8,137,300 -
TOTAL EXPENDITURES 67,141,591 77,657,700 77,377,000 84,022,700
OTHER USES
Transfers out 8,297,888 2,406,000 8,406,000 2,326,000
TOTAL APPROPRIATIONS 75,439,479 80,063,700 85,783,000 86,348,700
EXCESS(DEFICIT) REVENUES
OVER APPROPRIATIONS 2,079,044 15,200 2,983,400 (7f4;200)
BEGINNING FUND BALANCE 11,083,128 12,844,518 13,162,172 16,145,572
Reserved for contingency 1,500,000 1,500,000 1,500,000 1,500,000
Unreserved 11,662,172 11,359,718 14,645,572 13,881,372
ENDING FUND BALANCE $ 13,162,172 $ 12,859,718 $ 16,145,572 $ 15,381,372
EXHIBIT "A"
DEBT SERVICE FUND
nA, tq ., .„,AfX..;5, ..t,`;�#3:' :- .%ate,'> •. rr:u»- +a{,.y. ar_M :.�;» �?r,,tyr-mss, +",:7s"""S'�;,"...., ."s""?%' $ S'?';,arg e. '•s* ?= ,-= "!
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Property taxes $ 12,903,484 $ 12,399,000 $ 12,295,000 $ 12,948,000
Interest earnings 109,045 100,000 180,000 180,000
Miscellaneous revenues 337,942 333,100 333,100 339,300
Contributions from other funds 810,530 819,400 819,400 815,400
TOTAL REVENUES 14,161,001 13,651,500 13,627,500 14,282,700
EXPENDITURES
Principal and interest 13,394,400 13,733,300 13,733,300 14,319,500
Service charges 7,558 8,000 8,000 8,000
Other operating expenses 351,235 - - -
TOTAL EXPENDITURES 13,753,193 13,741,300 13,741,300 14,327,500
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 407,808 (89,800) (113,800) (44,800)
BEGINNING FUND BALANCE 1,526,258 1,917,958 1,934,054 1,820,254
ENDING FUND BALANCE $ 1,934,066 $ 1,828,158 $ 1,820,254 $ 1,775,454
i
WATER UTILITIES FUND
� ?.,—a?;ei; �� ,la..;;:a» �..,t"s ,,.. a;r,;d`�'#', ....':: ##3?'.i?:v..`�' 4"�;.:€�.a�'^�-"u,ia.' `? i }�: "a�?#'r�;�.:s,��>x�•�..., ,3„�-.��`�: '3 �.-:+e?...�#�.
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STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Water sales $ 16,918,944 $ 16,200,000 $ 20,515,300 $ 21,269,300
Sewer charges 11,142,556 11,100,000 8,000,000 8,320,000
Other fees and charges 1,771,550 1,614,400 1,772,700 1,683,000
Interest 221,802 200,000 412,000 375,000
Miscellaneous revenues 37,715 10,200 64,000 9,000
TOTAL REVENUES 30,092,567 29,124,600 30,764,000 31,656,300
EXPENDITURES
Wages 4,787,323 5,540,100 5,525,600 5,826,600
Benefits 1,561,593 2,787,800 2,815,900 2,840,800
Operating supplies 840,095 903,000 935,400 947,700
Repair and maintenance 2,272,436 2,666,400 3,297,900 2,909,500
Utilities 1,986,845 1,924,600 2,487,300 2,395,100
Contract services 388,456 450,200 632,400 531,300
Capital 1,308,939 3,811,200 2,586,900 1,761,300
Debt service 7,896,266 8,120,500 8,121,800 9,022,900
Payment in lieu of taxes 4,973,000 4,973,000 4,973,000 5,630,000
Transfers to other funds 1,324,100 250,000 600,000 250,000
TOTAL EXPENDITURES 27,339,053 31,426,800 31,976,200 32,115,200
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES 2,753,514 (2,302,200) (1,212,200) (458,900)
BEGINNING FUND BALANCE 7,730,393 8,302,193 10,483,907 9,271,707
Unreserved 10,483,907 5,999,993 9,271,707 8,812,807
ENDING FUND BALANCE $ 10,483,907 $ 5,999,993 $ 9,271,707 $ 8,812,807
i
SOLID WASTE FUND
.=+d? trx 3�''Ta»,. t R: <,�'7,.s. •'^':.,r ', ,:e;.?� b�' �'";+ t�;� c-r.�z°`.s� �.v`-Y' ,� �.asdt7,"-�"`.,? ",.°zr �'.,,:��,P c....�"��;. .°a �-' �_
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STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Residential collections $ 5,119,429 $ 5,600,000 $ 5,450,000 $ 5,600,000
Landfill fees 1,938,008 1,650,000 4,100,000 1,800,000
Interest earnings 42,856 40,000 68,000 50,000
Miscellaneous revenues 240,213 55,000 62,100 2,500
Proceeds from capital leases 285,994 885,000 - -
TOTAL REVENUES 7,626,500 8,230,000 9,680,100 7,452,500
EXPENDITURES
Wages 2,111,918 1,801,400 2,239,400 1,864,700
Benefits 680,920 974,900 1,062,700 994,500
Operating supplies 766,090 753,800 965,500 879,400
Repair and maintenance 1,176,992 1,255,500 1,454,500 1,425,900
Utilities 38,118 49,300 42,900 44,400
Contract services 450,915 90,000 116,000 222,300
Capital 934,117 1,285,000 1,370,400 734,400
Debt service 763,154 683,700 683,700 670,800
Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,306,000
Transfers to other funds 619,400 75,000 225,000 75,000
TOTAL EXPENDITURES 8,847,624 8,274,600 9,466,100 8,217,400
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES (1,221,124) (44,600) 214,000 (764,900)
BEGINNING FUND BALANCE 3,060,860 2,007,285 1,839,736 2,053,736
Unreserved 1,839,736 1,962,685 2,053,736 1,288,836
ENDING FUND BALANCE $ 1,839,736 $ 1,962,685 $ 2,053,736 $ 1,288,836
II
HOTEL OCCUPANCY TAX FUND
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i
STATEMENT OF REVEN';UES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Gross receipts taxes $ 1,902,431 $ 1,850,000 $ 2,289,400 $ 2,078,800
Interest earnings 6,160 3,000 17,500 7,000
Miscellaneous revenues 39,562 21,500 61,500 21,500
TOTAL REVENUES 1,948,153 1,874,500 2,368,400 2,107,300
EXPENDITURES
Convention and Visitors Bureau 1,007,281 1,073,300 1,091,800 1,527,500
Convention Facilities 674,185 610,700 562,500 -
Designated Programs 265,000 385,000 280,000 415,000
Transfers to Other Funds - - - 645,700
TOTAL EXPENDITURES 1,946,466 2,069,000 1,934,300 2,588,200
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES 1,687 (194,500) 434,100 (480,900)
BEGINNING FUND BALANCE 287,062 258,312 288,749 722,849
Unreserved 288,749 63,812 722,849 241,949
ENDING BALANCE $ 288,749 $ 63,812 $ 722,849 $ 241,949
Convention&Tourism Personnel FY 2005 FY 2006 FY 2007
Exempt 6 6 8
Office/Clerical 2 2 1
8 8 9
HENRY HOMBERG GOLF COURSE FUND
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:? :;� '. " '. c.. .;'g, M1?r%' �' '•{z. .,«.s,,v ,s '9±":y.#aim m`?;.. ,
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Charges for services $ 371,482 $ 415,000 $ 339,600 $ 388,000
Interest - - 1,200 1,200
Miscellaneous revenues 40,184 49,000 39,400 44,000
Transfers in - - - 35,000
TOTAL REVENUES 411,666 464,000 380,200 468,200
EXPENDITURES
Wages 157,073 161,100 183,100 190,900
Benefits 20,794 41,000 46,700 56,400
Operating supplies 43,846 50,100 47,200 55,600
Repair and maintenance 50,636 69,200 40,000 50,000
Utilities 14,455 17,800 18,500 18,000
Contract services 13,353 19,600 15,700 18,100
Debt service 63,037 75,700 75,700 75,700
TOTAL EXPENDITURES 363,194 434,500 426,900 464,700
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES 48,472 29,500 (46,700) 3,500
EGINNING FUND BALANCE - 31,100 48,472 1,772
Unreserved 48,472 60,600 1,772 5,272
ENDING FUND BALANCE $ 48,472 $ 60,600 $ 1,772 $ 5,272
0
MUNICIPAL TRANSIT FUND
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STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Service charges $ 671,731 $ 625,000 $ 590,000 $ 675,000
Intergovernmental revenues 1,398,351 8,793,000 1,961,000 10,466,900
Interest - - 4,100 -
Miscellaneous revenues - - - 90,000
Transfers in 1,300,000 1,396,000 2,196,000 1,396,000
TOTAL REVENUES 3,370,082 10,814,000 4,751,100 12,627,900
EXPENDITURES
Contract services 4,004,767 3,950,000 4,235,000 3,950,000
Capital outlay - 6,872,600 220,500 8,269,000
TOTAL EXPENDITURES 4,004,767 10,822,600 4,455,500 12,219,000
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES (634,685) (8,600) 295,600 408,900
BEGINNING FUND BALANCE (36,995) (175,195) (671,680) (376,080)
Unreserved (671,680) (183,795) (376,080) 32,820
ENDING FUND BALANCE $ (671,680) $ (183,795) $ (376,080) $ 32,820
SPECIAL REVENUE AND OTHER FUNDS
A� »..: :s,, ,.,.;`
STATEMENT OF REVENUES AND EXPENDITURES
Balance FY 2007 Balance
10/01/06 Revenues Approp. 09130107
Confiscated Goods $ 100,000 $ 16,000 $ 116,000 $ -
Municipal Airport 6,300 120,200 126,500 -
Texas Motor Carrier Violations 27,500 46,000 73,500
Municipal Court Security Fee 31,400 75,500 106,900 -
Municipal Court Technology 326,400 112,800 439,200 -
Municipal Court Juvenile Case Manager 1,100 48,000 49,100 -
Rita Recovery 3,293,100 5,800,000 9,093,100
Library Grants - 17,400 17,400 -
Julie Rogers Theatre Endowment 248,800 80,000 228,800 100,000 (1)
Tyrrell Historical Library 109,400 2,000 111,400 -
Expendable Trust 277,500 34,000 311,500
Library Trust 179,900 6,500 186,400 -
Library Endowment 811,900 18,000 55,000 774,900 (1)
Historical Fire Museum 3,900 9,100 13,000 -
TOTAL $ 5,417,200 $ 6,385,500 $ 10,927,800 $ 874,900
(1) Unexpendable endowment
CAPITAL RESERVE FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Fleet rental $ 1,469,600 $ 1,234,800 $ 1,234,800 $ 1,128,400
Interest earnings 65,159 40,000 75,000 50,000
Miscellaneous revenues 4,818 - - -
Transfers in 220,512 525,000 4,725,000 400,000
Proceeds from capital lease 386,641 1,106,000 621,700 -
TOTAL REVENUES 2,146,730 2,905,800 6,656,500 1,578,400
I
EXPENDITURES
Improvements 648,696 609,500 550,900 1,045,800
Equipment 467,237 829,700 1,166,400 960,900
Vehicles 1,310,105 1,859,500 1,770,200 2,302,600
Debt service 749,304 837,400 837,400 900,600
TOTAL EXPENDITURES 3,175,342 4,136,100 4,324,900 5,209,900
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES (1,028,612) (1,230,300) 2,331,600 (3,631,500)
BEGINNING FUND BALANCE 2,901,555 1,781,555 1,872,943 4,204,543
Unreserved 1,872,943 551,255 4,204,543 573,043
OENDING FUND BALANCE $ 1,872,943 $ 551,255 $ 4,204.543 $ 573,043
FLEET MANAGEMENT FUND
TT
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
User fees 5,188,557 5,093,400 5,433,800 5,769,700
Interest earnings 8,237 1,500 5,000 2,000
Miscellaneous revenues 467 - - -
TOTAL REVENUES 5,197,261 5,094,900 5,438,800 5,771,700
EXPENDITURES
Wages 920,144 1,077,100 1,069,500 1,139,100
Benefits 287,129 524,800 528,400 540,000
Operating supplies 1,461,316 1,343,800 1,343,100 1,561,300
Repair and maintenance 1,543,925 1,598,200 1,794,200 1,819,700
Utilities 50,465 52,200 54,000 55,400
Contract services 541,830 538,000 722,200 573,100
Equipment 115,622 35,100 48,700 29,100
Transfers out 192,500 - - -
TOTAL EXPENDITURES 5,112,931 5,169,200 5,560,100 5,717,700
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES 84,330 (74,300) (121,300) 54,000
BEGINNING FUND BALANCE 550,042 685,542 634,372 513,072
Reserved for inventory 350,000 350,000 350,000 350,000
Unreserved 284,372 261,242 163,072 217,072
ENDING FUND BALANCE $ 634,372 611,242 513,072 567,072
EMPLOYEE BENEFITS FUND
On,r a,:,t `" '?�„ `•^ .,3. � ,.;,,ht � E`=.r "? -'ice ,, :.g., . .-,c- .,df;, 'r:^r .'p' •,:: t. ,...
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Service charges ' $ 11,788,483 $ 12,055,500 $ 12,055,500 $ 12,329,500
Employee contributions 2,138,482 2,178,100 2,175,750 2,350,000
Interest 103,571 120,000 215,000 175,000
Miscellaneous revenues - 8,900 -
insurance recoveries 290,036 75,000 - -
TOTAL REVENUES 14,320,572 14,428,600 14,455,150 14,854,500
EXPENDITURES
Health
Standard indemnity plan 5,443,446 5,850,000 5,825,000 6,435,000
Managed health organization 3,656,066 4,100,000 3,910,000 4,600,000
Health prescriptions 1,807,040 2,000,000 2,050,000 2,350,000
Dental 683,808 787,100 697,000 760,000
Other benefits 98,169 212,500 175,200 192,400
Total 11,688,529 12,949,600 12,657,200 14,337,400
Worker's Compensation
Third party administration 61,067 62,400 62,400 62,400
Claims paid 564,872 1,000,000 700,000 1,000,000
Excess insurance 76,500 85,000 76,500 85,000
Safety management 126,373 163,500 153,900 168,900
Is Total 828,812 1,310,900 992,800 1,316,300
General
Unemployment 92,830 100,000 92,000 100,000
Short-term disability 259,111 350,000 310,000 350,000
Total 351,941 450,000 402,000 450,000
TOTAL EXPENDITURES 12,869,282 14,710,500 14,052,000 16,103,700
EXCESS(DEFICIT)REVENUES
OVER EXPENDITURES 1,451,290 (281,900) 403,150 (1,249,200)
BEGINNING FUND BALANCE 2,402,023 3,029,323 3,853,313 4,256,463
Unreserved 3,853,313 2,747,423 4,256,463 3,007,263
ENDING FUND BALANCE $ 3,853,313 $ 2,747.423 $ 4,256,463 $ 3,007.263
Included as Service charges are amounts which were budgeted and reported as Interdepartmental transfers
in prior years.
GENERAL LIABILITY FUND
STATEMENT OF REVENUES AND EXPENDITURES
Actual Budget Estimated Budget
FY 2005 FY 2006 FY 2006 FY 2007
REVENUES
Interest $ 15,247 $ 12,500 $ 35,000 $ 15,000
Transfers in 1,150,000 775,000 775,000 775,000
TOTAL REVENUES 1,165,247 787,500 810,000 790,000
EXPENDITURES
Professional services 162,179 100,000 100,000 100,000
Claims paid 805,868 900,000 625,000 700,000
Other insurance 4,137 4,500 4,200 4,500
TOTAL EXPENDITURES 972,184 1,004,500 729,200 804,500
EXCESS(DEFICIT) REVENUES
OVER EXPENDITURES 193,063 (217,000) 80,800 (14,500)
BEGINNING FUND BALANCE 771,111 449,411 964,174 1,044,974
Reserved for unpaid claims - - - -
Unreserved 964,174 232,411 1,044,974 1,030,474
ENDING FUND BALANCE $ 964,174 $ 232,411 $ 1,044,974 $ 1,030,474
w
2
September 19, 2006
Consider accepting the tax roll and establishing the property tax rate for the tax year 2006 (FY
2007)
s
! City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 12, 2006
REQUESTED ACTION: Consider accepting the tax roll and establishing the property tax
rate for the tax year 2006 (FY 2007).
RECOMMENDATION
Administration recommends that Council accept the Jefferson County Appraisal District's Certified
Tax Roll and adopt a property tax rate of$0.659 for the tax year 2006(FY 2007).The tax rate would
be apportioned $0.394553 to the General Fund and $0.264447 to the Debt Service Fund. This
distribution represents a shift of 1.3 cents of the dedicated tax rate from the General Fund to the Debt
Service Fund.
BACKGROUND
Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in
adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of
September 30 or the 60'day after the taxing unit receives the appraisal roll. Additionally, state law
requires the adoption of the Budget before the tax rate.
BUDGETARYIMPACT
Property tax revenue in the FY 2007 Budget is calculated at the rate of$0.659 per$100 in assessed
value.This rate,applied to the certified tax roll of$4,864,220,755 plus minimum values omitted due
to protests at a collection rate of 97%, generates approximately $31,244,000 for the General and
Debt Service Funds combined.
PREVIOUS ACTION
According to state law,a public hearing was not required because the proposed tax rate of$.659000
was less than the effective tax rate of$.673259 and the rollback tax rate of$.737280.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Chief Financial Officer.
ORDINANCE NO.
ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL
FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX
RATE; PROVIDING FOR LEVYING, ASSESSING AND
COLLECTING OF AD VALOREM TAXES FOR THE TAX
YEAR 2006; PROVIDING FOR SEVERABILITY AND
PROVIDING FOR REPEAL.
WHEREAS, the Jefferson County Appraisal District has furnished to the City of
Beaumont the certified tax roll for the City of Beaumont as of July 26, 2006 to be
$4,864,220,755; 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$0.659 per each
$100 of value for the tax year 2006 (FY 2007) should be established based upon said roll;
NOW THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
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$4,864,220,755 is hereby approved and
accepted by the City of Beaumont.
Section 2.
That there shall be and is hereby levied and shall be assessed and collected for the
tax year 2006(FY 2007), for municipal purposes only, an ad valorem tax rate of$0.659 on
each $100 worth of property located within the city limits of the City of Beaumont made
shall be for the purposes hereinafter set
taxable by law, which said taxes, when collected, p p
forth as follows:
General Fund $0.394553
Debt Service Fund $0.264447
Section 3.
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 4.
That all ordinances or p arts 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 19th day of
September, 2006.
- Mayor Guy N. Goodson -
STATE OF TEXAS )
COUNTY OF JEFFERSON ) ii
CERTIFICATION OF 2006 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 26, 2006
Date Roland R. Bieber,RPA
Chief Appraiser
Jefferson County Appraisal District
2006 APPRAISAL ROLL INFORMATION
2006 Gross Value $5,398,680,800
2006 Gross Taxable Value(Net Appraised) $5,036,505.495
Total Number of Accounts 63,184
#of Accounts with Homestead Exemption 24,291
#of Accounts with Over-65 Exemption 8.004
#of Accounts with Disabled Exemption 1251
#of Accounts with Veterans Exemption 650
#of Agriculture-Use Accounts 235
#of Exempt Accounts 4,021 -
2006 Taxable Value $4,864,220,755
RECEIVED BY: DATE:
EXHIBIT "A"
3
September 19, 2006
Consider adopting the 2007 Capital Program
•
� mont
Cat of Beau Council Agenda Item
il
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 12, 2006
REQUESTED ACTION: Consider adopting the 2007 Capital Program
RECOMMENDATION: Administration recommends Council adopt the 2007 Capital
Program as submitted to Council May 12, 2006 and updated August 15, 2006.
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."
BUDGETARY IMPACT
In the 2007 Capital Program, projects in the design or construction phase total $264,270,000
and include $74,700,000 in Water and Sewer projects, $34,060,000 in General Improvement
projects and $155,510,000 in Public Works. Projects in the planned phase total $182,570,000
which includes $138,970,000 in Public Works projects, $9,430,000 in General Improvements
and $34,170,000 in Water and Sewer projects. The total capital program cost for all projects
in the design or construction phase and the planned phase is $446,840,000.
PREVIOUS ACTION
The Capital Program was originally submitted to Council on May 12, 2006. It was revised and
submitted to Council on August 15, 2006, and reviewed during a work session on August 29,
2006.A public hearing was held on September 12, 2006.
SUBSEQUENT ACTION
None.
0 RECOMMENDED BY
City Manager and Chief Financial Officer.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the FY 2007 Capital Program is hereby adopted. The Capital Program is
substantially in the form attached hereto as Exhibit"A". A public hearing was held at 1:30
PM on September 12, 2006 in the City Council Chambers, City Hall, Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
PUBLIC WORKS PROJECTS
FY 2007-2011
Recommended
Time Schedule
Design or Construction Phase Estimated Cost FY 2007-2009
Babe Zaharias Drive $ 1,350,000
Brakes Bayou 1,150,000 111
Calder- Main to Phelan 47,160,000 [21
Cartwright/Corley-Ditch 100d 1,200,000 131
Concord IV - E.Lucas to Hwy. 105 11,500,000 [4]
Ditch No.117
740,000 [71
Dowlen - College to Walden 9,700,000 (51,161
Dowlen - US 69 N to Delaware 10,100,000 [51
Downtown Improvements
Pearl - College to Calder 2,100,000
Neches - College to Laurel 1,400,000
Willow and Park - College to North 2,350,000 [71
Pearl Street - Calder to North 540,000
Future Improvements 2,400,000
Fannett Road 600,000 (51
GrifBng Ditch 350,000 181
Hayes Gully 2,790,000 191
Illuminated Street Markers
Signalized Intersections-160 Locations 1,000,000
Laurel - IH-10 to Office Park 4,480,000 [5]
Main - Calder to Blanchette 5,500,000
North Street - ML King to Twenty-Third 7,200,000
Old Dowlen - Dowlen to Hwy. 105 5,000,000 1101
Phelan - Major to Keith 4,000,000
Rolfe Christopher - US 69 S to Virginia 4,000,000
School Sidewalk Program 500,000
Seventh Street - IH-10 to Laurel 4,000,000
Street Rehabilitation 5,000,000
Washington - IH-10 to ML King 14,900,000
Washington - Langham to Major 3,900,000 [51,[11]
Wendelin/Kelly 600,000
Total Design or Construction Phase $ 155,510,000
Planned Projects FY 2007-2011
Avenue A-Washington to U.S.69 S $ 7,000,000
Caldwood Outfall 5,230,000
College Street - IH-10 to Goliad 7,320,000
Delaware - Concord to Dowlen 11,520,000
Dowlen - Delaware to Gladys 7,150,000
East Lucas-U.S.69 N to Pine Street 12,000,000
Eleventh Street - Washington to US 69 15,000,000
Fannin Street-4th to 11 th 6,000,000
Gladys Street - IH-10 to Dowlen 8,000,000
High School Ditch 8,700,000
Madison - Irving to Grove 2,350,000
Magnolia - Liberty to E Lucas 12,600,000
Moore Street Relief 5,600,000
North Main Street - Calder to RR Tracks 1,800,000
Phelan - IH-10 to Dowlen 15,600,000
Pine Street - IH-10 to Crockett 3,600,000
School Sidewalk Program 2,000,000
South Park Relief 7,500,000 -
Total Planned Projects $ 138,970,000 --
Grand Total $ 294,480,000
111 This is a participation project with the Water Development Board and DD#6.The grant is a pass through with no cost to the City.
[2]Includes FEMA Funding of$23,665,180 and other potential funding of$1,950,000.The estimated cost to City is$21,539,820
[31 This is a joint participation project with DD#6.The estimated cost to the City is$1,200,000
[4]Includes Federal Highway Administration funding of 80 percent up to$7,375,000. Construction start is September 2007.
[51 Air Quality issues will not be determined until a later date and could effect project timeline.
[6]Includes Federal Highway Administration Funding of$2,764,800.
(71 Includes Federal Highway Administration Funding of$512,000 for the section of Willow between North and Crockett
[8]This is a participation project with DD#6.The estimated Cost to the City is$350,000.
[9]This is a participation project with the Texas Water Development Board and DD#6.The estimated cost to the City is$696,200.
[101 Includes TxDOT funding of 80 percent up to$2,400,000 for both phases. TxDOT construction start date for phase 11 is 2007.
[111 Includes Federal Highway Administration Funding of$3,080,000
EXHIBIT "A"
GENERAL IMPROVEMENT PROJECTS
FY 2007-2011
Recommended
Time Schedule
Desian or Construction Phase Estimated Cost FY 2007-2009
Alice Keith Park Playground Renovations $ 100,000
Athletic Complex Softball Field Lighting 700,000
City Hall Rooftop Air Handler 440,000
Community Facilities
Alice Keith Park 600,000
Central Park 600,000
Rogers Park 600,000
North End Location 600,000
Sprott Park 80,000
Demolition of Public Facilities&Commercial Structures 3,000,000
Detention Facility Hike&Bike Trail 720,000
Development Services Center/City Hall 250,000
Downtown Event Center&Lake Park 6,500,000
EMS Medic Station 2 400,000
Fire Fleet Maintenance Shop 460,000
Fire Station Relocation/Administration 4,590,000
JP Richardson Building Renovations 100,000
Julie Rogers Theatre 3,600,000 [1]
Main Library Improvements 200,000
Martin Luther King,Jr.Park 750,000
911 Operations Center 2,310,000 [2]
Police Department Property Building 800,000
Public Safety Communication Hardware/Software 3,000,000 [3]
Rogers Park Walking Trail&Parking Lot 200,000
Tyrrell Historical Library Addition 1,930,000
Visitor Center/CVB 1,530,000
Total Design or Construction Phase $ 34,060,000
FY 2007-2011
Planned Projects
Athletic Complex Restroom Facilities 380,000
Fire Station Driveway Replacements 150,000
Fleet Parking Lot 1,500,000
Public Health Department Building 2,500,000
Riverfront Park Improvements 2,000,000
Senior Center 2,300,000
Tyrrell Park Community Building and Improvements 600,000
Total Planned Projects $ 9,430,000
Grand Total $ 43,490,000
[1]Includes insurance and funding from other sources
[2]Includes Federal Grant of$68,000
[3]Includes Federal Grant of$892,000
III
WATER AND SEWER PROJECTS
FY 2007-2011
Recommended
Time Schedule
Design or Construction Phase Estimated Cost FY 2007-2009
Master Plan for Water&Sewer System $ 400,000
Water Projects:
2 MG Elevated Storage Tank on Dishman 2,800,000
36"Transmission Line 6,400,000
Automatic Flushing 100,000
Dredge Ponds 1 &2 Wastewater Treatment Plant 1,200,000
Initial Distribution System Evaluation(IDSE) 100,000
Leak Detection Project 350,000
Northwest Elevated Storage Tank Rehabilitation 620,000
Water Line Extension on IH-10(between Brooks&Walden) 890,000
Water Line Extensions/Replacement 3,000,000
Water Plant Improvements-Phase 1 7,000,000
Water Plant Improvements-Phase II 3,000,000
Wiess Bluff Bank Stabilization 1,500,000 Ill
Sewer Projects:
54"Central Trunk Rehabilitation 5,500,000
54"West Trunk Outfall-Phase 1 2,330,000
54"West Trunk Outfall-Phase II 1,620,000
60"Trunk Line Rehabilitation 3,390,000
Ammonia Addition to Loeb Well 250,000
Degritter-Waste Water Treatment Plant 1,210,000
Filter Rehabilitation-Wastewater Treatment Plant 1,900,000
Florida Lift Station 510,000
Generator(2)Installation-Wastewater Treatment Plant 2,500,000
Grit Pumps Replacement-Wastewater Treatment Plant 150,000
Lift Station Repairs 900,000
Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 6,000,000
Sanitary Sewer Line Extension on IH-10(between Walden&Brooks) 890,000
Wetlands Evaluation-Phase 1 170,000
Wetlands Evaluation-Phase II 200,000
Wetlands Rehabilitation 3,000,000
Water/Sewer for Street Projects:
Calder-Main to Phelan 2,080,000
Concord Road-Phase IV-East Lucas to Hwy. 105 1,140,000
Dowlen Road-College to Walden 1,560,000
Dowlen Road-US 69 N to Delaware 910,000
Downtown Improvements:
Neches-Laurel to College 210,000
Willow and Park-North to College 700,000
Pearl Street-Calder to North 140,000
Laurel-IH-10 to Office Park 490,000
Main Street-Calder to Blanchette 840,000
North Street-ML King to Twenty-Third 960,000
Old Dowlen-Dowlen to Hwy. 105 530,000
Pearl Street-College to Calder 410,000
Phelan Blvd.-Major to Keith 720,000
Rolfe Christopher-US 69 S to Virginia 330,000
Seventh Street-IH-10 to Laurel 510,000
Tyrrell Park Road Resurfacing 1,560,000 -
Washington-IH-10 to ML King 2,000,000
Washington-Langham to Major 1,730,000
Total Construction Phase $ 74,700,000
Water Utilities Continued
Recommended
Time Schedule
Planned Projects FY 2007-2011
0 Lift Station Repairs $ 600,000
Sanitary Sewer Rehabilitation-Small Mains(Pipe Bursting) 4,000,000
Waste Water Treatment Plant Ground Improvements 1,000,000
Water Line Extension/Replacement 2,000,000
Water Plant Improvements-Phase II 15,000,000
Water/Sewer for Street Projects:
Avenue A-Washington To US 69 S 650,000
College Street-IH-10 to Goliad 840,000
Delaware-Concord to Dowlen 2,730,000
Dowlen Road-Delaware to Gladys 630,000
E. Lucas-US 69 N to Pine 1,920,000
Eleventh Street-US 69 N to Washington 440,000
Gladys Street-IH-10 to Dowlen 1,280,000
Madison-Irving to Grove 110,000
Magnolia-Liberty to E.Lucas 1,770,000
North Main Street-Calder to Railroad Tracks 170,000
Phelan Blvd-I1-1-10 to Dowlen 590,000
Pine Street-IH-10 to Crockett 440,000
Total Planned Projects $ 34,170,000
Grand Total $ 108,870,000
[1[Includes funding from Natural Resources and Conservation Services.Cost to City is$500,000
• 4
September 19, 2006
Consider approving a one year agreement with Blue Cross Blue Shield of Texas(BCBSTX)for
employee medical and dental insurance
:V~1 0.1
City of Beaumont
ter• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 12 , 2006
REQUESTED ACTION: Council approval of a one year agreement with Blue Cross Blue Shield of
Texas (BCBSTX) for employee medical and dental insurance.
RECOMMENDATION
Administration recommends that council award to Blue Cross Blue Shield of Texas(BCBSTX)a one year
contract effective January 1, 2007 for third party administration of the City's fully insured Health
Maintenance Organization(HMO Blue Texas),self funded Preferred Provider Organization(PPO)medical
plan and a self funded dental plan.
BACKGROUND
Full time city employees are offered medical and dental benefits.The medical and dental benefits consist
of a fully insured HMO plan, a self funded PPO plan and a self funded dental plan. There are 530
participants enrolled in the HMO plan,consisting of 456 active employees,73 retirees,and 1 COBRA
participant.There are 835 participants enrolled in the PPO plan,consisting of 729 active employees and
106 retirees. In the dental plan, there are 920 active employees.
In June 2006,City staffbegan analyzing the City's health care costs. Staff also began working with the
City's health benefit consultant,McGriff,Siebels and Williams of Texas,Inc.,to determine ifthe City
should request bid proposals for the City's HMO,PPO, and dental plans or remain with the current
administrator,BCBSTX for 2007.The City has the option to negotiate new rates with BCBSTX without
seeking bids because the prior year bid states the City has the option to request renewal rates from the
current administrator,BCBSTX. The current agreement with BCBSTX started January 1,2006 and can
be renewed for up to 5 years.
After researching the various plans offered in the area,McGriffconcluded that BCBSTX offered the most
cost effective plans.Because of BCBSTX's extensive network,deep provider discounts,ability to retain
continuity of insurance and the lack of other extensive provider networks,staffrecommends renewal with
BCBSTX.
Initial renewal rates submitted by BCBSTX for the fully insured HMO plan increased 17.6%. PPO fixed
costs increased 3%due to a slight increase in the reinsurance/stop loss rates.Renewal rates for the self
funded dental plan did not increase.Final negotiations resulted in the HMO plan renewal being held to a
12.1%increase.This increase was a function of increasing utilization,rising trend factors and increasing
provider reimbursements.
McGriff recommends that the City remain with BCBSTX because it offers cost effective plans with an
extensive network and deep provider discounts. The projected medical rate increase is within industry
trends.
Staff recommends implementation of the following rates to be paid by the City for HMO coverage and
PPO administration effective January 1, 2007:
2006 Monthly HMO Rates 2007 Monthly HMO Rates
Employee Only $263.76 $295.67
Employee+ 1 Dependent $635.63 $712.54
Employee+Family $904.63 $1014.09
2006 Monthly PPO Stop Loss 2007 Monthly PPO Stop Loss
and Administration Rates and Administration Rates
Employee Only $57.17 $58.30
Employee+ 1 Dependent $77.88 $80.65
Employee+Family $77.88 $80.65
2006 Monthly Dental Rates 2007 Monthly Dental Rates
Employee Only $5.66 $5.66
Employee+ 1 Dependent $5.66 $5.66
Employee+Family $5.66 $5.66
Budgetary Impact
Appropriation of funds is available in the Employee Benefits Fund.
Previous Action
Previous contract was awarded to BCBSTX on January 1, 2006.
Subsequent Action
None.
Recommended By
C i ty Manager and Chief Financial Officer.
g
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
WHEREAS, City Council approved Resolution No. 05-190 on August 30, 2005,
authorizing the City Manager to enter into a one-year contract with an optional annual
renewal not to exceed a total of five (5) years commencing January 1, 2006 to provide
third-party administration of the City's self-funded Preferred Provider Organization (PPO)
medical plan,self-funded dental plan and a fully-insured Health Maintenance Organization
(HMO) with HMO Blue Texas; and,
WHEREAS, the City wishes to exercise its option to renew the contract for an
additional one (1) year term:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to exercise a contract renewal with
Blue Cross Blue Shield of Texas(BCBSTX)for a one-year contract with additional optional
annual renewals not to exceed a total of four (4) years commencing January 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
• 5
September 19, 2006
Consider approving an annual contract for container and solid waste collections at various city-
owned facilities
11705mi
City of Beaumont
Council Agenda Item
� c g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant,Chief Financial Officer
MEETING DATE: September 19,2006
AGENDA MEMO DATE: September 13, 2006
REQUESTED ACTION: Council consider an annual contract for container and solid waste
collections.
RECOMMENDATION
Administration recommends awarding an annual contract to Waste Management of Beaumont,Texas
for container and solid waste collection services for the unit prices shown on the attached tabulation.
BACKGROUND
Refuse container and collection services are required at approximately thirty-one (3 1) sites
throughout the City. The size of refuse containers required at each location range in size from two
(2)to ten(10)cubic yards and the collection frequency rates typically range from one(1)to four(4)
times per week.
Bid specifications stated the size of containers currently used and the frequency of collections
currently required by the City. The specifications allow the City to add or delete containers and
change locations or container sizes as needed. The award of the bid is based on the number of
containers and locations currently being serviced. The following bids were received:
VENDOR ESTIMATED MONTHLY COST
Waste Management, Beaumont, TX $5,940.57
IESI Corporation, Kountze, TX $6,980.35
BFI Waste Services of Texas, Beaumont, TX $7,950.00
The monthly cost of last year's contract with Waste Management was approximately$3,535.38. The
significant increase is attributed to an increase in fuel costs.
Annual Contract for Container and Solid Waste Collection
September 13,2006
Page 2
BUDGETARY IMPACT
Funds are available in various departmental operating budgets in the General Fund and in the Fleet
Fund, Water Utilities Fund, and the Henry Homberg Golf Course Fund. The estimated annual
expenditure is$71,286.84.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY:
City Manager,Public Works Director,and Chief Financial Officer.
BID TA ION: CONTAINER AND SOLID WASTE COLLECTION PAGE 1
BID OPENING DATE: SEPTEMBER 7, 2006 2 PM
BID NUMBER: TF0806-56
MONTHLY PRICES:
WASTE MANAGEMENT
Beaumont, TX
1 Time 2 Times 3 Times 4 Times 5 Times 6 Times
CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week
2 CUBIC YARDS $19.23 $38.45 $57.67 $76.90 $96.12 $115.35
4 CUBIC YARDS $38.45 $76.90 $76.90 $153.80 $192.25 $230.70
6 CUBIC YARDS $57.67 $115.35 $173.02 $230.70 $288.37 $346.05
8 CUBIC YARDS $76.90 $153.80 $230.70 $307.60 $384.50 $461.40
10 CUBIC YARDS $96.13 $192.25 $288.38 $384.50 $480.63 $576.75
IESI
Kountze, TX
1 Time 2 Times 3 Times 4 Times 5 Times 6 Times
CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week
2 CUBIC YARDS $41.13 $77.94 $114.31 $147.22 $181.86 $207.84
4 CUBIC YARDS $69.28 $135.56 $201.10 $265.12 $325.40 $395.68
6 CUBIC YARDS $84.44 $155.00 $238.00 $305.00 $379.00 $445.00
8 CUBIC YARDS $95.00 $170.00 $250.00 $345.00 $435.00 $530.00
10 CUBIC YARDS $110.00 $205.00 $308.00 $415.00 $525.00 $605.00
BFI
Beaumont, TX
1 Time 2 Times 3 Times 4 Times 5 Times 6 Times
CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week
2 CUBIC YARDS $67.00 $112.00 $157.00 $203.00 $248.00 $294.00
4 CUBIC YARDS $79.00 $137.00 $195.00 $253.00 $311.00 $369.00
6 CUBIC YARDS $89.00 $157.00 $228.00 $297.00 $357.00 $429.00
8 CUBIC YARDS $109.00 $187.00 $265.00 $341.00 $421.00 $499.00
10 CUBIC YARDS $140.00 $249.001 $358.001 $466.00 $575.00 $685.00
BID TAB&ION: CONTAINER AND SOLID WASTE COLLECTION S PAGE 2
BID OPENING DATE: SEPTEMBER 7, 2006 2 PM
BID NUMBER: TF0806-56
MONTHLY PRICES:
TYPICAL PLACEMENT:
LOCATION SIZE QTY PICK-UPS WASTE IESI BFI
(CU.YD.) PER WEEK MNGT
City Hall 10 1 3 $288.38 $308.00 $358.00
Building Services 10 1 1 $96.13 $110.00 $140.00
Municipal Court 6 1 1 $57.67 $84.44 $89.00
Art Museum 4 1 2 $76.90 $135.56 $137.00
Best Years Center 10 1 1 $96.13 $110.00 $140.00
Zarahias Park 8 2 2 $307.60 $340.00 $374.00
Coliseum 6 2 3 $346.04 $476.00 $456.00
Fair Grounds 10 2 2 $384.50 $410.00 $498.00
Civic Center 10 3 4 $1,153.50 $1,245.00 $1,398.00
Harvest Club 10 1 4 $384.50 $415.00 $466.00
Athletic Complex 10 4 1 $384.52 $440.00 $560.00
Tennis Center 6 1 1 $57.67 $84.44 $89.00
Collier's Ferry Park 10 1 2 $192.25 $205.00 $249.00
Imagination Station 8 1 2 $153.80 $170.00 $187.00
Pruitt Activity Center 10 1 1 $96.13 $110.00 $140.00
Tyrrell Park 8 2 2 $307.60 $340.00 $374.00
Rogers Park 8 1 2 $153.80 $170.00 $187.00
JP Richardson 4 1 1 $38.45 $69.28 $79.00
Parks Oper Center 10 1 1 $96.13 $110.00 $140.00
Alice Keith Park 6 1 2 $115.35 $155.00 $157.00
Sprott Park 6 1 2 $115.35 $155.00 $157.00
Charlton Pollard 2 1 1 $19.23 $41.13 $67.00
Fire Admin Bldg 4 1 1 $38.45 $69.28 $79.00
Fire Station#1 4 1 1 $38.45 $69.28 $79.00
Fire Training 10 2 1 $192.26 $220.00 $280.00
Health Dept 10 2 1 $192.26 $220.00 $280.00
Police Dept 8 1 3 $230.70 $250.00 $265.00
Fleet Management 4 1 2 $76.90 $135.56 $137.00
Fleet Management 2 1 2 $38.45 $77.94 $112.00
Water Cust Svc 8 1 2 $153.80 $170.00 $187.00
Golf Course 1 61 1 1 $57.67 $84.44 $89.00
TOTAL MONTHLY CHARGE FOR TYPICAL PLACEMENT: $5,940.57 $6,980.35 $7,950.00
TOTAL YEARLY CHARGE FOR TYPICAL PLACEMENT: $71,286.84 $83,764.20 $95,400.00
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for container and solid waste
collection; and,
WHEREAS, Waste Management, Beaumont, Texas, submitted a bid for an
estimated annual cost of$71,286.84 in the unit amounts shown on Exhibit "A" attached
hereto and made a part hereof for all purposes; and,
WHEREAS, City Council is of the opinion that the bid submitted by Waste
Management, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Waste Management, Beaumont,Texas,for an annual contract
for container and solid waste collection for an estimated annual cost of$71,286.84 in the
unit amounts shown on Exhibit "A" attached hereto and made a part hereof for all
purposes be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City f Beaumont this the
tY 19th day of
September, 2006.
- Mayor Guy N. Goodson -
MONTHLY PRICES:
,gIWASTE MANAGEMENT
aumont, TX
1 Time 2 Times 3 Times 4 Times 5 Times 6 Times
CONTAINER SIZE Per Week Per Week Per Week Per Week Per Week Per Week
2 CUBIC YARDS $19.23 $38.45 $57.67 $76.90 $96.12 $115.35
4 CUBIC YARDS $38.45 $76.90 $76.90 $153.80 $192.25 $230.70
6 CUBIC YARDS $57.67 $115.35 $173.02 $230.70 $288.37 $346.05
8 CUBIC YARDS $76.90 $153.80 $230.70 $307.60 $384.50 $461.40
10 CUBIC YARDS $96.13 $192.25 $288.38 $384.50 $480.63 $576.75
MONTHLY PRICES:
TYPICAL PLACEMENT:
LOCATION SIZE QTY PICK-UPS WASTE
(CU.YD.) PER WEEK MNGT
City Hall 10 1 3 $288.38
Building Services 10 1 1 $96.13
Municipal Court 6 1 1 $57.67
A
Brt Museum 4 1 2 $76.90
est Years Center 10 1 1 $96.13
Zarahias Park 8 2 2 $307.60
oliseum 6 2 3 $346.04
air Grounds 10 2 2 $384.50
Civic Center 10 3 4 $1,153.50
Harvest Club 10 1 4 $384.50
Athletic Complex 10 4 1 $384.52
Tennis Center 6 1 1 $57.67
Collier's Ferry Park 10 1 2 $192.25
Imagination Station 8 1 2 $153.80
Pruitt Activity Center 10 1 1 $96.13
Tyrrell Park 8 2 2 $307.60
Rogers Park 8 1 2 $153.80
JP Richardson 4 1 1 $38.45
Parks Oper Center 10 1 1 $96.13
Alice Keith Park 6 1 2 $115.35
Sprott Park 6 1 2 $115.35
Charlton Pollard 2 1 1 $19.23
Fire Admin Bldg 4 1 1 $38.45
Fire Station#1 4 1 1 $38.45
Fire Training 10 2 1 $192.26 -
Health Dept 10 2 1 $192.26
Police Dept 8 1 3 $230.70
Fleet Management 4 1 2 $76.90
leet Management 2 1 2 $38.45
ater Cust Svc 8 1 2 $153.80
Golf Course 6 1 1 1 $57.67
TOTAL MONTHLY CHAR E FORTY ICAL PLACEMENT: $5,940.57
TOTAL YEARLY CHARG FOR TYPI AL PLACEM NT: $71,286.84
EXHIBIT "A"
i 6
September 19, 2006
Consider approving new rates for the rental of city recreation buildings
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Maurine Gray, Director of Libraries and Convention Facilities
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: August 28, 2006
REQUESTED ACTION: Council consider establishing new rates for the rental of city
recreation buildings.
RECOMMENDATION
Administration recommends approval of new rates for the rental of city recreation buildings effective
October 1, 2006. City recreation buildings include the Alice Keith Community Center, J.P.
Richardson Community Center,Rogers Park Community Center, Central Park Community Center,
Tyrrell Park Community Center, Sterling Pruitt Activity Center and the Best Years Center. The rates
would be as follows:
$25 per hour with a three hour minimum. Thirty minutes before and after any event would
be allowed for set up and take down. Anything over three hours for an event would cost$25
an hour. A charge of$25 would be incurred for set up and take down of tables and chairs.
BACKGROUND
The buildings have been operated by the Recreation Division for a number of years. Current costs
are$50 for three hours and$10 for anything over three hours. $25 is currently charged for set up and
take down of tables and chairs.
The Convention Facilities Division will be responsible for overseeing the rental of facilities beginning
October 1, 2006. Currently, the Parks Division rents the facilities. All facilities, including the Civic
Center, Jefferson Theatre and Julie Rogers Theatre will be the responsibility of the Convention
Facilities Division.
The Convention Facilities Division plans to extensively clean the recreation centers and insure that
an attendant is on duty when an event occurs. Staff has visited the centers and listed what needs to
be done to make them more attractive and usable.
BUDGETARYIMPACT
Additional rental would be forthcoming since the basic rental is being increased by $25.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Director of Libraries and Convention Facilities, Convention Facilities Manager
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20 OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
TO ADD A NEW SECTION 20-13 ESTABLISHING NEW
RENTAL RATES FOR THE RENTAL OF CITY RECREATION
BUILDINGS; PROVIDING FOR SEVERABILITY; PROVIDING
FOR REPEAL; PROVIDING A PENALTY AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 20 of the Code of Ordinances of the City of Beaumont be and the
same is hereby amended to add a new Section 20-13 establishing new rental rates for
rental of the city recreation buildings to read as follows:
Sec. 20-13. Rental Rates for City Recreation Buildings
The following rates will apply to the rental of City recreation buildings:
Per hour (three hour minimum) ........................................ ....... $25 an hour
Over three hours for an event ............................................ ....... $25 an hour
Set up and take down of tables and chairs .............................. $25
Set up and take down is allowed thirty minutes before and after any event.
These rates shall apply to the following city recreation buildings:
Alice Keith Community Center
J.P. Richardson Community Center
Rogers Park Community Center
Central Park Community Center
Tyrrell Park Community Center
Sterling Pruitt Activity Center
Best Years Center
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of
Beaumont, Texas.
Section 5.
This ordinance shall be effective from and after October 1, 2006.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
September, 2006.
- Mayor Guy N. Goodson -
7
September 19, 2006
Consider amending Ordinance No. 04-068 granting an electric franchise to Entergy Gulf States,
Inc. and authorizing the City Manager to enter into an agreement reserving to the end of the term
of the franchise agreement the parties' rights to resolve an issue regarding the timing of franchise
payments
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: September 19, 2006
AGENDA MEMO DATE: September 14, 2006
REQUESTED ACTION: Council to consider adopting an amendment to Ordinance No. 04-068
granting an electric franchise to Entergy Gulf States, Inc. and
authorizing the City Manager to enter into an agreement reserving to
the end of the term of the franchise agreement the parties' rights to
resolve an issue regarding the timing of franchise payments.
RECOMMENDATION
Administration recommends approval of an ordinance amendment to Ordinance No.04-068 adopted
on September 28, 2004 granting to Entergy Gulf States, Inc. an electric franchise which provides
compensation for the use of the City's streets,alleys and rights-of-way by Entergy Gulf States,Inc.
and authorizing the City Manager to execute an agreement with Entergy Gulf States, Inc. reserving
an issue as to the timing of the franchise fee payments to be resolved at the end of the franchise
agreement in 2017.
BACKGROUND
The City of Beaumont and Entergy Gulf States, Inc. entered into an electric franchise agreement
which provided for the accelerated expiration of the existing franchise ordinance and granted a new
franchise which included a different method of compensation to the City. This new agreement
became effective February 1,2006. The old agreement provided for payment of base franchise fees
on a percentage of gross receipts basis. The new franchise allows for compensation.based upon a
calculation using a per kilowatt hour unit rate multiplied by the number of kilowatt hours delivered
to retail customers within the City of Beaumont. These payments historically have been made on
the first day of August of each year for the twelve month period prior to the payment. Because of
the acceleration of the termination of the existing agreement and the implementation of the new
agreement there was a period of transition which has caused an issue between the City and the
Company as to the timing of these payments. The issue is whether the August payments were a
TO: Kyle Hayes MEETING DATE: September 19, 2006
SUB: Amendment to Ordinance No. 04-068 MEMO DATE: September 14, 2006
Page 2/2
prepayment in advance, which is the position of the Company, or a payment in arrears for the
preceding twelve month period before the August payment. The problem with the Company's
position is that the City does not receive an annual payment for August, 2006. This translates into
an estimated loss in revenue in excess of Three Million ($3,000,000) Dollars. After several
discussions and meetings,the parties have agreed to resolve the issue with the Company continuing
to make the annual payment on August 1 of each year beginning August, 2006; and reserving the
issue as to whether the payment is a prepayment or payment in arrears until the year 2017,which is
before the end of the term of the contract in 2018. This reservation would take the form of a letter
agreement between the parties executed by the City Manager as authorized by the City Council.
BUDGETARYIMPACT
This amendment resolving the franchise annual payment issue should result in a payment in excess
of Three Million ($3,000,000) Dollars within twenty days of the acceptance of the agreement by
Entergy Gulf States, Inc.
PREVIOUS ACTION
Ordinance No. 04-068.
SUBSEQUENT ACTION
RECOMMENDED BY
City Manager and City Attorney.
ORDINANCE NUMBER
ENTITLED AN ORDINANCE AMENDING FRANCHISE
NUMBER 04-068 GRANTED ENTERGY GULF STATES, INC.;
PROVIDING FOR AN ANNUAL PAYMENT; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AGREEMENT
RESERVING UNTIL THE YEAR 2017 THE RESOLUTION OF
PAYMENT TIMING ISSUE; PROVIDING AN EFFECTIVE
DATE UPON ACCEPTANCE IN WRITING BY ENTERGY
GULF STATES, INC.
WHEREAS, by Ordinance Number 04-068 adopted on the third and final reading
on September 28, 2004 by the City of Beaumont("City"),wherein Entergy Gulf States, Inc.
("EGSI" or"Company") was granted a franchise ("Franchise"), subsequently accepted by
EGSI on January 30, 2006 and made effective on February 1, 2006, to conduct within the
City an electrical power business and to use the streets, alleys and public ways of the City
for the purpose of conducting such business; and,
WHEREAS, City and Company desire to amend the Franchise by changing the
payments terms:
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
SECTION 1.
That Section 10 of the Franchise is hereby amended to read as follows:
Section 10 -
The design and purpose of this franchise fee compensation clause is to establish
an administratively simple uniform method of compensating the City for the use of the
public right-of-way that: (1) is consistent with state law; (2) is consistent with the opening
of the markets for competition; (3) is competitively neutral and nondiscriminatory; (4) is
consistent with the burdens placed on the City created by EGSI's use of the right-of-way;
(5) provides fair and reasonable compensation for the use of the public right-of-way; and
(6) provides a mechanism by which EGSI will remain financially whole with respect to any
increases in franchise payments resulting from the implementation of this Franchise over
and above the franchise fees calculated under the previous franchise agreement, as
modified by Section 33.008 of the PURA, together with all associated costs and expenses,
including gross receipts taxes. (Hereinafter, such incremental franchise fees and
associated costs and expenses, including gross receipts taxes are referred to as
"incremental amounts").
(a) Inconsideration of the right granted by the City to EGSI to use and
occupy the Public Ways in the City for the conduct of its business
under this agreement, the Company agrees to pay to the City
franchise fees in the amount and manner described herein.
Subject to any reduction in payments as provided in this section,
EGSI shall pay on August 1 of each year an amount equal to a
$0.0021524 charge per kilowatt hour("kWh") multiplied times the
number of kilowatt hours delivered by EGSI to each retail
customer whose consuming facility's point of delivery was located
within the City's boundaries during the twelve month period from
July 1 to June 30 preceding the August payment. It is agreed that
the payment to be paid on August 1, 2006 will be paid within
twenty (20) days of this Agreement being accepted by EGSI.
(b) In addition to the payments set out in Subsection 10(a), and
subject to the provisions of Subsection 10(g), EGSI shall pay on
or before the 15th day of May,August, November and February an
amount equal to a$0.0010137 charge per kilowatt hour multiplied
times the number of kilowatt hours delivered by EGSI during the
preceding calendar quarter ending March, June, September, and
December, to each retail customer whose consuming facility's
point of delivery was located within the City's boundaries. The first
quarterly payment due under this subsection will be due on
November 15, 2006 for the preceding quarter ending September
30.'
(c) An underlying premise of this Franchise agreement and the
ordinance implementing it is that the Company shall be kept
financially whole with respect to any and all incremental amounts,
as defined above in this Section 10.
i. EGSI shall collect such incremental amounts through 1) a
corresponding surcharge designed to collect the
incremental increases in franchise fees calculated pursuant
to the rate set forth in Subsection 10(b) including any
increase due to the escalator provided for in Subsection
10(I), over and above the franchise fees calculated under
the previous franchise agreement, as modified by Section
Prior to the passage of this Amendment, EGSI paid the incremental payments owed for February
2006 through June 2006.
33.008 of the PURA, along with all applicable taxes,
including gross receipts taxes("corresponding surcharge"),
which surcharge shall be approved by the Public Utility
Commission of Texas ("PUCT"or"Commission"), and 2) a
direct payment from the City to EGSI or a reduction in
franchise payments to City, as set forth below.
ii. This section is intentionally left blank in that at the time of
this Amendment, the Franchise and quarterly payments
had already become effective.
iii. In the event the Company does not collect in the
corresponding surcharge all incremental amounts
associated with the three-month periods corresponding with
the quarterly due dates as set out in Subsection 10(b), the
Company is authorized to collect such amounts not
collected in the surcharge ("uncollected difference")
through either direct payment by City or a reduction of
franchise payments to City as provided in this Subsection.
Prior to EGSI's reduction in franchise payments, EGSI shall
provide the City 30 days for a one-time opportunity to make
a direct payment to EGSI of any uncollected difference,
such 30 days to run from City's receipt of Company's
written notice, which shall identify the uncollected
difference, the time period over which the uncollected
difference accrued and a detailed explanation of the
calculations. Subsequent to said 30 day period, and in the
absence of timely direct payment by the City of the entirety
of the uncollected difference, EGSI is authorized to reduce
any future franchise payment(s) in an amount equal to any
unpaid uncollected difference not paid by the City. EGSI is
authorized to implement the procedures set forth in this
Subsection periodically as EGSI, in its sole discretion,
determines is necessary to recover any ongoing
uncollected difference.
iv. With respect to the preparation for, or implementation of,
retail open access in EGSI's Texas service territory, City
agrees to authorize and support the approval and
implementation of a monthly surcharge for both Entergy's
affiliate distribution company in Texas ("DISCO") and
Entergy's affiliate retail electric provider in Texas ("REP")
that provides for the collection and recovery of the same
amounts as are recovered through the corresponding
surcharge described in Subsection 10(c). The monthly
surcharge described in this subsection shall be in addition
to the base rates otherwise established for DISCO or the
Price to Beat rates otherwise established for the REP.
v. The corresponding surcharge described in this Subsection
10(c)shall appear as a line item on EGSI's retail electric bill
and identified as a "Municipal Franchise Fee."
(d) In addition to the provisions of Subsection 10(c), EGSI is
authorized to reduce the quarterly franchise payments by$150.00.
Further, the City shall have until the latter of December 31, 2004
or 90 days after the effective date of this Franchise agreement to
pay to EGSI an amount of$24,400.00 for the cost of implementing
the provisions of this Franchise agreement ("implementation
costs"). In the event payment in full is not timely made, the
Company is authorized to reduce subsequent franchise payments
in an amount necessary to recover the entirety of the
implementation costs.
(e) The City shall bear the costs and expenses of all claims,
challenges, and lawsuits, of either the City or EGSI, regarding the
validity of the new Franchise agreement or the corresponding
surcharge, regardless if such claim or challenge is brought before
a regulatory authority or in a federal or state court of law, including
payment of attorneys fees and costs associated with the defense
to EGSI or affiliates of EGSI for any legal or regulatory challenge
to the new Franchise agreement or corresponding surcharge, at
the time such claim or challenge is made. The costs and
expenses referred to in this Subsection include, but are not limited
to:
i. costs and expenses of the City, related to obtaining the
corresponding surcharge; and/or
ii. costs and expenses of or to EGSI, whether such costs and
expenses are associated with EGSI's employees or
consultants and/or attorneys retained by EGSI in the
defense of such claims, challenges and lawsuits.
(f) Such costs and expenses of or to EGSI, as are enumerated in
Subsection 10(e) above, including carrying costs, shall be
recovered from the City pursuant to direct payment or a reduction
of franchise payments as provided in this Subsection. Prior to
EGSI's reduction in franchise payments, EGSI shall provide the
City 30 days for a one-time opportunity to make a direct payment
to EGSI of any such costs or expenses, such 30 days to run from
City's receipt of Company's written notice, which written notice
shall identify any such costs and expenses. Subsequent to said
30 day period, and in the absence of timely direct payment by the
City of the entirety of such costs and expenses, EGSI is
authorized to reduce any future franchise payment(s) in an
amount equal to any unpaid portion of such costs and expenses
identified. At its sole discretion, EGSI may recover all costs or
expenses identified in any notice in a one-time reduction to a
future franchise payment. EGSI is authorized to pursue the
procedure(s) set forth in this Subsection periodically as
determined by EGSI, in its sole discretion, to be required for the
recovery any ongoing expenditure of such costs and expenses.
(g) Upon the occurrence of any of the following events, the franchise
fee rate and quarterly payments provided for in Subsection 10(b)
shall no longer be applicable or effective for the purpose of
calculating the franchise payment:
i. the recovery of the incremental amounts through a
corresponding surcharge ceases, such as (but not
exclusively) through the PUCT's determination that the
incremental amounts shall be recovered through the
Company's base rates rather than through the
corresponding surcharge;
ii. the PUCT or a court of competent jurisdiction 1) finds the
corresponding surcharge unlawful or otherwise prohibits
the surcharge recovery of the incremental amounts; 2)
finds that the franchise fees calculated under this Section
10, or the amounts collected through the corresponding
surcharge or through a reduction in franchise payments, as
provided herein, may not be recovered by EGSI from its
customers;
or 3) in some manner prevents or prohibits EGSI from
recovering said incremental amounts; and,
iii. with respect to the preparation for, or implementation of,
retail open access in EGSI's Texas service territory, EGSI
or Entergy's affiliate distribution company in Texas
("DISCO") or Entergy's affiliate retail electric provider in
Texas ("REP"), at any time, is not permitted to implement
the monthly surcharge described in Subsection 10(c)(iv).
Upon the occurrence of any of the events enumerated in
Subsections 10(g) i, ii, or iii, the franchise rate effective
immediately priorto the effective date of this Franchise agreement
(which rate is reflected in Subsection 10(a)) shall be applicable
and effective for the purpose of calculating the franchise payment
under this Franchise agreement. Further, in the event the PUCT
or a court of competent jurisdiction finds a portion of the
corresponding surcharge unlawful or otherwise prohibits a portion
of the surcharge recovery of the incremental amounts, the
franchise rate and quarterly payments provided for under
Subsection 10(b) shall be amended and adjusted such that the
franchise payment made by the Company to the City is no greater
than the amounts the company is authorized to collect through its
base rates and the corresponding surcharge. Nothing in the
immediately preceding sentence permits the realignment of the
recovery of any portion of the incremental amounts from the
corresponding surcharge to the Company's base rates, prohibited
by Subsection 10(g)i.
(h) If the PUCT or a court of competent jurisdiction orders EGSI to
refund to customers any amounts for the franchise fees or any
associated costs or expenses, including taxes, collected pursuant
to this Franchise agreement, such amounts refunded shall be
recovered from the City pursuant to a direct payment or a
reduction of franchise payments, under the procedure set forth in
Subsection 10(c)iii above.
(i) Entergy Gulf States, Inc. Franchise Fee Recovery Tariff
(Corresponding Surcharge)
i. City agrees that (a) it will adopt and approve the
corresponding surcharge approved by the PUCT and
accepted by EGSI as provided herein and, if required,
amend accordingly the Municipal Franchise Surcharge
attached to the implementing ordinance; (b) if City
intervenes in any regulatory proceeding before a federal or
state agency in which the recovery of EGSI's franchise fees
is an issue, the City will take an affirmative position
supporting 100% recovery of franchise fees by EGSI in the
manner consistent with this agreement; (c) in the event of
an appeal of any such regulatory proceeding in which the
City has intervened,the City will take an affirmative position
in any such appeals in support of the 100% recovery of
such franchise fees by EGSI in the manner consistent with
this agreement; and (d) subsequent to this agreement
becoming effective, EGSI may take whatever action with,
and seek whatever approval from, the PUCT,that it deems
appropriate to continue to achieve full recovery of any
incremental amounts under this agreement.
ii. City agrees that it will take no action, nor cause any other
person or entity to take any action, to prohibit the recovery
of such incremental amounts by EGSI.
iii. Neither the adoption of this Franchise, the accompanying
ordinance, nor the corresponding tariff shall be used by
either the City or the Company, in any proceeding before a
regulatory authority or state or federal court of law, as
precedent for a reduction in the Company's rates or as
evidence of or support for the positions taken by the City or
the Company is such matters, other than in requesting
PUCT approval of the corresponding surcharge or in any
direct court appeal of a PUCT order addressing the
corresponding surcharge.
(j) At the time of each payment, EGSI shall also submit to the City a
sworn statement showing the following: (i) its kilowatt hour sales
delivered to each retail customer whose consuming facility's point
of delivery is located within the City's boundaries for the preceding
calendar quarter upon which the franchise fee payment is
calculated; (ii) a detailed listing of any claimed costs and
expenses, including taxes, uncollected difference (not paid by
City) and/or claimed refund items (all as referred to in this Section
10); and (iii) a detailed reconciliation of the quarterly franchise
payment calculation.
(k) All payments made under this Franchise shall be exclusive of and
in addition to ad valorem taxes. Any and all such payments made
by Company pursuant to this Section 10 shall be credited on any
amount imposed, levied or assessed against Company by the City
of Beaumont, pursuant to ordinance or otherwise, at any time as
a charge (whether designated as rental, tax or otherwise) for the
use by Company of City's streets, alleys and public ways.
(1) Upon approval by the PUCT as provided herein, and beginning on
the first anniversary of the effective date of this agreement and
annually thereafter, EGSI shall annually adjust the total unit per
kWh franchise fee rate, set forth in Subsection 10(b), by an
amount to be designated in writing by the City based on one-half
the annual increase, if any, in the consumer price index as
calculated in accordance with the Local Government Code
40 §283.055(8). The adjustment provided for in this Subsection shall
become effective only upon the PUCT's approval of an equivalent
adjustment to the corresponding surcharge which provides for the
Company's collection through the corresponding surcharge of the
increase in the franchise payment resulting from the adjustment
provided in this Subsection. The approval of the PUCT referenced
in the immediately preceding sentence may be obtained
contemporaneously with, and contained in, a final order approving
the corresponding surcharge, subject to acceptance by the
Company, in its sole discretion, as provided in Section 18(a).
SECTION 2.
That all provisions of the Franchise,except for Section 10 as amended herein,shall remain
in full force and effect and shall not be affected by the passage of this ordinance.
SECTION 3.
The full text of this Franchise agreement shall, after final passage by the City
Council of The City of Beaumont, be published once each week for four (4) consecutive
weeks in a newspaper of general circulation published in The City of Beaumont, and the
expense of such publication shall be borne by Company.
Passed first reading on the day of , 2006.
Passed second reading on the day of , 2006.
Passed third and final reading on the day of 2006.
Passed this the day of , 2006.
Approved this the day of , 2006.
- Mayor Guy N. Goodson -
SECTION 4.
This agreement shall become effective upon EGSI's acceptance, in writing (in the form
provided below) of the ordinance.
To the Honorable Mayor and City Council:
EGSI acting by and through the undersigned authorized officer, hereby accepts in all
respects, on this the day of , 2006, Ordinance No.
amending Franchise Number 04-068 granted to Entergy Gulf States, Inc. and the same
shall constitute and be a binding contractual obligation of EGSI and the City.
Entergy Gulf States, Inc.
By:
Title: