HomeMy WebLinkAboutPACKET MAY 01 2007 � L
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 1, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve the City of Beaumont Investment Policy
B) Approve a resolution to add First Southwest Company and Banc of America. Securities
LLC and delete JP Morgan/Chase Securities, Wachovia Securities Financial Network and
Prudential Securities from the City's approved list of broker/dealers
C) Approve change orders related to the Julie Rogers Theatre renovation
D) Approve Change Order No. 2 for the Tyrrell Historical Library repair project
A
cuwwsi Ci of Beaumont
A c g Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 24, 2007
REQUESTED ACTION: Council consider a resolution approving the City of Beaumont
Investment Policy as attached.
RECOMMENDATION
The administration requests a review of the City of Beaumont Investment Policy and approval as
attached.
BACKGROUND
State law mandates the City Council review the Investment Policy and approve modifications,if any,
to the policy on an annual basis.
The Texas State Legislature was not in session during 2006 and therefore there are no changes to the
law regarding Chapter 2256 of the Government Code(Public Funds Investment Act). However, a
minor revision is requested regarding authorized investments on page 6 of the policy. The revision
further clarifies the City's ability to accept stock through a donation. No other change to the City's
policy is requested at this time. The Investment policy was last amended on September 20, 2005.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City of Beaumont Investment Policy, substantially in the form attached hereto
as Exhibit"A," has been reviewed and is hereby in all things adopted. All changes to the
policy are reflected therein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of May,
2007.
- Mayor Guy N. Goodson -
City of
Beaumont, Texas
......................................................................................................................
Investment Policy
......................................................................................................................
Adopted by Resolution of
City Council
on September 26, 1995
Amended
October 29, 1996
October 28, 1997
November 3, 1998
November 9, 1999
November 21,2000
January 29,2002
March 4,2003
May 4,2004
September 20,2005
EXHIBIT "A"
City of Beaumont
Investment Policy
L Introduction
It is the policy of the City of Beaumont to invest public funds in a manner which will ensure
that the investments are duly authorized,properly managed,adequately protected and fully
collateralized. The City shall seek the highest investment return with the maximum security
while meeting daily cash needs and conforming to the City Charter, the Public Funds
Investment Act(Chapter 2256,Government Code as amended)and all other state and local
statutes governing the investment of public funds.
II. Scope
This investment policy applies to all financial assets ofthe City as accounted for in the City's
Comprehensive Annual Financial Report. These include General, Special Revenue, Debt
Service,Capital Projects,Enterprise,Internal Service and Fiduciary Funds. All are pooled
for investment purposes except debt service and debt service reserve funds. Interest is
allocated monthly to each fund based on its individual cash balance.
III. Prudence
Investments shall be made with judgment and care, under prevailing circumstances, that a
person of prudence, discretion, and intelligence would exercise in the management of the
person's own affairs,not for speculation,but for investment,considering the probable safety
of capital and the probable income to be derived. The "prudent person" standard shall be
applied in the context of managing the total portfolio rather than a single investment
Providing that the decision was consistent with this investment policy. (Section 2256.006,
Government Code)
Investment officials acting in accordance with written procedures and the investment policy
and exercising due diligence shall be relieved of responsibility for an individual security's
credit risk or market price changes provided that deviations from exceptions are reported
in a timely fashion and appropriate action is taken to control adverse developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be
Preservation and safety of principal, liquidity and yield. (Section 2256.006, Government
Code)
1
City of Beaumont-Investment Policy
A. Safety of principal
The City of Beaumont has as its foremost objective to ensure the safety of principal.
Investments of the City shall be undertaken in a manner that seek to ensure the
preservation of capital in the overall portfolio. To attain this objective diversification
is required in order to eliminate an over-concentration of assets in one institution,
maturity or type of securities.
B. Li uidi
The City's investment portfolio will remain sufficiently liquid to enable the City to
meet all operating requirements which might be reasonably anticipated. The portfolio
shall be constructed so that investment maturities are matched with forecasted cash
flow requirements and limited by investments in securities with an active secondary
market.
C. Yield
The City's investment portfolio shall be designed with the objective of attaining a rate
of return which is consistent with risk limitations and cash flow characteristics of the
City's investments.
V. Delegation of Authority
Authority to manage the City's investment program is derived from the City Charter(article
VII, section 1-2). The Charter designates the City Manager as Director of Finance who
shall have custody of all public funds, investments, bonds and notes of the City and be
responsible for their safekeeping. The City Manager shall establish written procedures for
the operation of the investment program consistent with this investment policy which
include explicit delegation of authority to persons responsible for investment transactions.
The City Manager shall be responsible for all transactions undertaken and shall establish a
system of controls to regulate the activities of subordinate officials.
Each"investment official"shall be approved by resolution of City Council to invest the City
of Beaumont's funds. As shown in exhibit "A", the City Manager, the Chief Financial
Officer and the City Treasurer are currently approved as investment officials of the City of
Beaumont. Such approval of specific persons shall remain in effect until rescinded by the
City Council or until termination of the person's employment by the City of Beaumont.
Investment officials shall not deposit, withdraw, transfer or manage the funds of the City
of Beaumont in a manner that is not consistent with the "prudent person" standard as
described in section III of this policy. (Section 2256.005 (f)-(h), Government Code)
2
City of Beaumont- Investment Policy
VL Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal
business activity that could conflict with proper execution of the investment program, or
which could impair their ability to make impartial investment decisions.
Investment officials shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City of Beaumont as
described in Section 2256.005 (i)(1-3)of the Government Code. They shall also disclose
any specific individuals who seek to sell investments to the City and are related to the
employee within the second degree by affinity or consanguinity, as determined under
Chapter 573. Disclosure shall be filed with the Texas Ethics Commission and the City
Council of the City of Beaumont. An ethics statement signed by each investment official
is attached as exhibit"B".
VII. Training
Each investment official of the City of Beaumont shall attend as least ten (10) hours of
training relating to investment responsibilities within 12 months after assuming such duties
and shall continue to attend an investment training session not less than once every two
years thereafter consisting of at least ten (10) hours of instruction. Training shall be in
accordance with the Public Funds Investment Act and include education in investment
controls, security risks, strategy risks, market risks, and compliance with state statutes
governing the investment of public funds. All training shall be conducted by an
independent source which has been approved by City Council. (Section 2256.008,
Government Code) The Government Treasurers Organization of Texas, the Government
Finance Officers Association of Texas, the Texas Municipal League and the University of
North Texas are hereby approved as"independent sources"who may provide such training
to investment officials.
VIII. Selection of Financial Dealers, Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions included on the
City's list of broker/dealers, financial institutions and investment pools as approved by the
City Council. An "approved list", as shown in exhibit "C", shall be maintained by
investment officials at all times and reviewed by the City Council on an annual basis.
(Section 2256.025, Government Code)
3
City of Beaumont-Investment Policy
Any business organization which seeks to execute investment transactions with the City of
Beaumont shall provide a written instrument certifying that they have received and
thoroughly reviewed the City's investment policy and have implemented reasonable
procedures and controls in a effort to preclude investment transactions that are not
authorized by this policy. The certification, as shown in exhibit"D", must be signed by a
qualified representative of the business organization. Investment officials shall not buy any
securities from a firm which has not filed this instrument. (Section 2256.005 (k)-(1),
Government Code)
A. Broker/Dealers
The City shall select broker/dealers by creditworthiness and may include "Primary
Government Securities Dealers"or regional dealers that qualify under Securities and
Exchange Commission(SEC)Rule 150-1 (uniform net capital rule). Broker/dealers
selected must be members in good standing of the National Association of Securities
Dealers,Inc.(NASD)and be licensed by the State of Texas. The minimum net capital
requirement is$5,000,000 and the business must have been in operation for at least
five years. Firms who desire to become approved bidders for investment transactions
must supply the City with audited financial statements,a trading agreement and other
information regarding their capabilities, experience, general reputation, size and
capitalization. Each firm will be reviewed by investment officials and a
recommendation made for approval by City Council.
B. Public Depositories
The City Council shall select a primary depository every three years. The primary
depository as authorized by the City Council shall meet all requirements of the state
law concerning depositories for municipal funds. (Chapter 105, Government Code)
The institution offering the most favorable terms and conditions for the handling of
City funds shall be selected as the depository.
The City Council may also establish agreements with financial institutions under
separate contract for additional services which are necessary in the administration,
collection,investment,and transfer ofmunicipal funds.(Section 105.018,Government
Code) Financial institutions who desire to become approved bidders for investment
transactions shall submit information similar to that of a broker/dealer as described
above (section VIII-A). No deposit shall be made except in a qualified public
depository as established by State Law. The City of Beaumont shall not place
deposits or investments with Saving and Loan Associations or Credit Unions.
4
City of Beaumont-Investment Policy
C. Investment Pools
Investment officials may invest funds of the City of Beaumont through an eligible
investment pool with specific approval by resolution of City Council and execution
of a written agreement. To become eligible, investment pools must first meet all
requirements of State Law.They shall provide the City with an offering circular which
contains specific and detailed information and provide detailed monthly transaction
and performance reports. Pools shall have advisory boards composed of qualified
members representing participants and non-participants who do not have a business
relationship with the pool. (Section 2256.016-2256.019,Government Code)Before
selection, pools shall be thoroughly reviewed and evaluated by investment officials.
Annually, a review of the financial condition and registrations of approved bidders will be
conducted by investment officials. A current audited financial statement is required to be
on file for each financial institution, broker/dealer or investment pool in which the City of
Beaumont invests.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in the
Public Funds Investment Act, as amended. (Section 2256.009-2256.019, Government
Code) Suitable investments for the City of Beaumont are limited to the following:
♦ Direct Obligations ofthe United States or its agencies and instrumentalities which are
non-callable and have a maximum stated maturity date of 5 years or less. Federal
agencies which do not carry the explicit U.S. Government guarantee must be
continuously rated no lower than AAA/A-1 or an equivalent rating by at least one
nationally recognized rating agency.
♦ Certificates of deposit issued by approved depository banks as described above
(section VIII-B)which have a maximum stated maturity date of 5 years or less and
are insured by the Federal Deposit Insurance Corporation, or their successors; or
secured by obligations that are described in Section 2256.009(a)of the Government
Code.
♦ Fully collateralized direct repurchase agreements with a defined termination date of
90 days or less which are secured by obligations of the United States or its agencies
and instrumentalities and pledged with a third party other than an agent for the
pledgor. Investment officials may invest in repurchase agreements through an
approved primary government securities dealer or an approved depository bank as
described above(section VIII-A,B). Each issuer of repurchase agreements shall be
required to sign a master repurchase agreement.
5
City of Beaumont-Investment Policy
♦ No load money market mutual funds registered with and regulated by the Securities
and Exchange Commission with a dollar weighted average stated maturity of 90 days
or less whose assets consist exclusively of direct obligations ofthe United States and
whose investment objectives include the maintenance of a stable net asset value of$1
per share. Money market mutual funds must provide the City with a prospectus and
other information required by the Securities and Exchange Act of 1934 (Section
2256.014 (a), Government Code) and be specifically approved by City Council or
purchased through the City's primary depository as an overnight investment tool.
♦ Approved investment pools as described above (section VIII-C) which are
continuously rated no lower than AAA,AAA-m or an equivalent rating by at least one
nationally recognized rating agency .
Prudent measures will be taken to liquidate an investment that is downgraded to less
than the required minimum rating.
The purchase of stock is not an authorized investment for municipal governments.
However. stock may be accepted as a donationyprovided that it is held in accordance with
the terms of the donation and sold as soon as it is advantageous to do so. Reinvestment of
proceeds must be in accordance with authorized and suitable investments for the City as
listed above.
X. Marking to Market
All securities and certificates of deposit will be purchased or sold after at least two (2)
offers or bids are taken to verify that the City is receiving a fair market value or price for
the investment.
The market value shall continue to be monitored at least quarterly through on-line
investment software to which the City subscribes, the Wall Street Journal or some other
recognized market pricing source. The City of Beaumont shall not obtain market pricing
from business organizations who may engage in investment transactions with the City.
XI. Collateralization
Collateralization will be required on all deposits, certificates of deposit and repurchase
agreements. The collateralization level shall be equal to at least one hundred two percent
(102%) of the aggregate market value of the deposit or investment including accrued
interest less an amount insured by the Federal Deposit Insurance Corporation. Evidence
ofthe pledged collateral shall be documented by a tri-party custodial or a master repurchase
agreement with the collateral pledged clearly listed in the agreement. Collateral shall be
reviewed monthly to assure that the market value of the securities pledged equals or
exceeds the related deposit or investment balance.
6
City of Beaumont-Investment Policy
Collateral requirements shall be in accordance with both the Public Funds Investment Act
and the Public Funds Collateral Act(Chapter 2256 and 2257, Government Code).
Collateral underlying repurchase agreements is limited to direct obligations of the United
States or its agencies and instrumentalities. The City of Beaumont shall accept a surety
bond or the following investment securities as collateral on deposits and certificates of
deposit:
♦ Direct obligations of the United States or its agencies and instrumentalities.Direct
obligations of this state or its agencies and instrumentalities.
♦ Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed securities
considered a high-risk mortgage security as described by Section 2257.0025 of the
Government Code as well as those of the nature described by section 2256.009(b)
of the Government Code.
♦ Other obligations which are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
♦ Obligations of states, agencies, counties, cities and other political subdivisions rated
not less than A or its equivalent.
♦ Letters of credit issued by the United States or its agencies and instrumentalities.
XIL Safekeeping and Custody
Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve Bank
or at an institution not affiliated with a firm pledging collateral. All safekeeping
arrangements shall be in accordance with a tri-party custodial agreement which clearly
defines the responsibilities of each party and outlines the steps to be taken in order for the
City to gain access to the collateral in the event of a "failure". The custodial agreement
shall be executed between the City, the firm pledging the collateral and the custodial
institution. All safekeeping receipts shall be delivered to the City and all collateral(whether
a pledge or substitution)shall be formally accepted and released by City Council.
All security transactions,including collateral for repurchase agreements,entered into by the
City shall be conducted on a delivery-versus-payment(DVP)basis. That is,funds shall not
be wired or paid until verification has been made that the correct security was received by
the safekeeping institution. Pool funds and mutual funds are excluded from this
requirement. The security shall be held in the name of the City or on behalf of the City.
The City shall not purchase securities from the firm or banking institution designated as the
safekeeping institution.
7
City of Beaumont- Investment Policy
XHL Diversification
The City of Beaumont will diversify its investments to eliminate an over-concentration of
assets in any one security type or institution.
♦ Up to ninety percent(90%)par of the portfolio may be invested in direct obligations
of the United States(U.S. Treasury Securities).
♦ Up to seventy percent(70%)par of the portfolio may be invested in U.S. Agency or
Instrumentalities.
♦ No more than thirty percent(30%)par of the portfolio may be invested with any one
U.S. Agency or Instrumentality.
♦ No more than fifty percent(50%)par of the portfolio may be invested in certificates
of deposit or repurchase agreements.
♦ Up to one hundred percent(100%)par of the portfolio may be invested in investment
pools for liquidity purposes with no more than eighty percent (80%) par of the
portfolio invested in any one pool.
♦ No more than fifty percent (50%) par of the portfolio may be invested in money
market mutual funds.
♦ No more than twenty five percent(25%)par ofthe portfolio may be invested with any
one institution in certificates of deposit and/or repurchase agreements. Additionally,
these investments shall not exceed ten percent (10%) of the capitalization of the
financial institution.
XIV. Investment Strategies
The City of Beaumont shall maintain a separate investment strategy for each of the three
fund types represented in the portfolio. (Section 2256.005,(d), Government Code)
A. Pooled Fund GrouRs
Investment strategies for pooled fund groups containing operating funds have as their
primary objective to ensure that anticipated cash flows are matched with adequate
investment liquidity. Securities purchased shall not have a final stated maturity date
which exceeds two(2)years from the date of purchase without specific approval by
the City Council. The dollar weighted average maturity of the portfolio shall not
exceed 365 days as calculated using the stated final maturity dates of each security.
8
City of Beaumont-Investment Policy
B. Debt Service Funds
Investment strategies for debt service funds shall have as their primary objective to
ensure that investments mature as necessary to cover the debt service obligation on
the required payment date. The stated final maturity date on securities purchased
shall not exceed the debt service payment date unless excess funds are available. In
that case, maximum maturities shall not exceed two (2) years from the date of
purchase and the dollar weighted average maturity of the portfolio shall not exceed
365 days as is consistent with investment strategies for operating funds.
C. Debt Service Reserve Funds
Investment strategies for debt service reserve funds shall have as their primary
objective to seek the highest investment return with maximum security in order to
produce a dependable revenue stream to the appropriate fund. Securities shall be
invested in accordance with specific bond ordinances and shall not have a stated
maturity date which exceeds the final maturity date of the bonds. At no time shall
maximum maturities exceed five(5)years from the date of purchase.
XV. Internal Control
The City of Beaumont, in conjunction with its annual financial audit shall perform a
compliance audit of management controls on investments and adherence to the City's
investment policy. (Section 2256.005(m), Government Code)
XVL Performance Standards
The City intends to pursue an active versus a passive portfolio management
philosophy. That is, securities may be sold before they mature if market conditions
present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate of
return throughout budgetary and economic cycles which is consistent with risk
limitations and cash flow needs of the City . Given this strategy, the basis used by
investment officials to determine whether market yields are being achieved shall be the
average return on 90 day U.S. Treasury Bills.
XVII. Reporting
Investment officials shall submit a monthly report to City Council summarizing the
results of the City's investment activity. This report shall include the status of the
current portfolio position, performance, trading activity, interest earnings and
collateral.
A quarterly report shall be submitted to the City Manager,as ChiefExecutive Officer,
9
B
City Council Agenda Item
" - K,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 24, 2007
REQUESTED ACTION: Council Consider a resolution to add First Southwest
Company and Banc of America Securities LLC and delete JP
Morgan/Chase Securities, Wachovia Securities Financial
Network and Prudential Securities from the City's approved
list of broker/dealers.
RECOMMENDATION
The administration requests approval of a resolution to add First Southwest Company and Banc of
America. Securities LLC and delete JP Morgan/Chase Securities, Wachovia Securities Financial
Network and Prudential Securities from the City's approved list of broker/dealers.
BACKGROUND
The City of Beaumont's approved list of broker/dealers, financial institutions and investment pools
is reviewed annually by investment officials in conjunction with the investment policy review.
Following are details ofadditions requested. The firms meet all requirements ofthe City's Investment
Policy and their addition will offer alternatives to ensure that the City is receiving the highest possible
yield for it's investments while maintaining the preservation and safety of principal.
First Southwest Company is a regional dealer whose office is located at 300 West & Street, Suite
1940, Austin, Texas. Ms. Linda K. Callaway will serve as the firm's representative. Ms. Callaway
is active in the Government Treasurers Organization of Texas and specializes in working with cities,
counties and school districts. She currently has a client base which includes the City of Baytown,
Harris County, Travis County and others.
Banc of America Securities LLC, which is a division of Bank of America, N.A., is located at 901
Main Street,Dallas, Texas. Banc of America Securities is a primary dealer and offers a wide range
ofinvestment services. Ms.Dorothea W.Winston and Ms.Julia Ann Erickson will serve as the firm's
representatives. They currently have a client base which includes Houston Community College, San
Jacinto Community College and the City of Irving.
It is requested that JP Morgan/Chase Securities, Wachovia Securities Financial Network and
Prudential Securities be deleted as approved broker/dealers at this time. The City's representatives
at these firms are no longer there and no other representative has contacted the City or made any
attempt to continue the relationship.
The City's current list of authorized broker/dealers, financial institutions and investment pools is
attached for your review.
The last amendment of the City's list of approved broker/dealers,financial institutions and investment
pools was approved by resolution on November 21, 2000.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the broker/dealers, financial institutions and
investment pools as the City's approved as follows:
ADD DELETE
First Southwest Company JP Morgan/Chase Securities
Banc of America Securities LLC Wachovia Securities Financial Network
Prudential Securities
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of May,
2007.
- Mayor Guy N. Goodson -
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 20, 2007
REQUESTED ACTION: Council approval of Change Orders for the Julie Rogers
Theatre renovation.
RECOMMENDATION
Approval of Change Orders for Julie Rogers Theatre in the amount of$24,476.96 to Bruce's General
Construction.
BACKGROUND
As the renovation nears completion,there are various repairs,additions,and supplies required for the
final completion. Three change orders have been submitted and are as follow:
Change Order No.24-Includes miscellaneous window and door glass repair,additional balcony riser
and control booth painting, a menu board and painting of new cabinet doors in the 2nd floor
concession area, and installation of additional wood base trim in I' floor lobbies. Total cost is
$4,551.75.
Change Order No.25-Includes the purchase and installation of additional exit lights required to meet
all fire and building codes. Several were removed during the remediation and inadvertently discarded.
This change order also includes installing water resistant ceiling tiles and painting ceiling grid in
dressing room showers. Total cost of this change order is$8,420.21.
Change Order No. 26 - Includes the renovation of an unused storage room on the 2nd floor into a
small kitchen break room. The plans for the 2'floor include offices, a conference room and a large
meeting room. The plans did not address or include an area for food or drink preparation for use by
office personnel or conference attendees.
Julie Rogers Theatre
April 20, 2007
Page 2
It was decided to renovate a small unused storage room on the 2 d floor. Renovation includes
constructing a countertop with cabinets,a sink,an undercounter refrigerator,utility outlets for coffee
service and a small utility table. Surplus materials such as flooring, ceiling tile and paint can be used
in the renovation.
This change order also covers the cost to rework the I"floor concession stand. The plywood on the
front of the concession was painted by Conrad Schmitt Studio painters. The finish was not
acceptable, therefore, a new veneer and trim were applied which will be stained.
Total cost of this change order is $11,505.00.
Total cost to date is as follows:
Percentage Change
Base Bid $1,845,000.00
Change Order No. 1-23 $391,271.12
Change Order No. 24, 25, & 26 $24,476.96 1.3%
Total to Date $2,260,748.08 22.5%
A copy of Change Order Nos. 24, 25 and 26 are attached for your review.
BUDGETARY IMPACT
Funds will be provided by the Capital Programs Fund and from the City's insurance carrier.
CHANGE ORDER
PROJECT: Improvements to the Julie Rogers CHANGE ORDER NO: 24
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: April 13,2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont,TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. labor to replace owner supplied window and repair one window. ADD $360.00
2. Equipment ADD $525.00
3. Supply and install glass in owner's window. ADD $150.00
4. Labor to remove window hardware. ADD $280.00
5. Labor and material to repaint windows from removal of hardware. ADD $525.00
6. Labor and material to paint kick plates in balcony. ADD $1,400.00
7. Labor and material to paint control booth. ADD $300.00
8. Powder coat(1)display frame(did not include in rfc#31) ADD $212.50
9. Credit on duplication of paint and rep drinking fountain areas. DEDUCT ($725.00)
10. Credit on not painting border in auditorium front foyers. DEDUCT ($1,795.00)
11. Credit on tar removal. DEDUCT ($175.00)
12. Labor and material to install new menu board on second floor concession ADD $687.50
(Inc. new decorative frame)
13. Labor and material to prime and paint cabinets in second floor concession area ADD $1,300.00
(color accessible beige).
14. Labor and material to install new base trim to columns in North and South ADD $420.00
Lobby.
15. Labor and material to paint base trim. ADD $430.00
16. Labor and material to paint picture frame backgrounds. ADD $440.00
17. Contractor's Overhead and Profit @ 5% ADD $216.75
TOTAL $4,551.75
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders...................................................................................$391,271.12
The Contract Sum prior to this Change Order was.................................................................................... $2,236,271.12
The Contract sum will be increased by this Change Order in the amount of ...................................................$4,551.75
T Contract Sum including this Change Order will be..................................................................... $2,240,822.87
me will be increased by zero(00)days.
o � tantial Completion as of the date of this Change Order therefore is April 23, 2007.
W V s ary does not reflect changes in the Contract Sum or Contract Time,which have been authorized by
0 si ion Change Directive.
16306 +�
Architectural Group Bruce's General Construction, Inc. City of Beaumont
dYs Ayeque, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont,T 77706 Beaumont, 77707 Beaumont,Texas 77704
By B By:
Date: 4a—te---"f— M-0-7 Date:
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 25
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: April 13, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont,TX 77707 CONTRACT DATE: August 9 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. Replace existing exit lights(qty 5). ADD $3,630.00
2. Replace existing exit lights(qty 3). ADD $1,757.25
3. Add two new exit lights. ADD $1,782.00
4. Replace ceiling tiles and paint grid in 4 shower areas. ADD $850.00
5. Contractor's Overhead and Profit @ 5% ADD $400.96
TOTAL $8,420.21
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders...................................................................................$395,822.87
The Contract Sum prior to this Change Order was.................................................................................... $2,240,822.87
The Contract sum will be increased by this Change Order in the amount of ...................................................$8,420.21
The new Contract Sum including this Change Order will be..................................................................... $2,249,243.08
The Contract Time will be increased by zero(00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23, 2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys en , Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, xa 7706 Beaumo s77707 Beaumont,Texas 77704
By: By: By:
Date: /lv •U7 Date: /'�n—07 Date:
D A
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* 16306
OF
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 26
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: April 16, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont,TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. Rework first floor concession stand area. ADD $1,800.00
2. New doors for break room. ADD $1,703.33
3. Install new rubber floor. ADD $475.00
4. New cabinets in break room. ADD $1,650.00
5. New grid ceiling and wall including new drywall on walls. ADD $1,385.00
6. Tile only in dressing room area restrooms. ADD $620.00
7. Tape and float new wall and paint walls and doors. ADD $980.00
8. New plumbing in break room. ADD $1,465.00
9. Disposal and final cleaning of break room. ADD $250.00
10. Contractors Overhead and Profit @ 5% ADD $516.42
11. Correction of Overhead and Profit left off of C.O.#17 ADD $659.75
12. Correction of Error on C.O.#8 ADD $0.50
TOTAL $11,505.00
'See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
The original Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders...................................................................................$404,243.08
The Contract Sum prior to this Change Order was....................................................................................$2,249,243.08
The Contract sum will be increased by this Change Order in the amount of .................................................$11,505.00
The new Contract Sum including this Change Order will be..................................................................... $2,260,748.08
The Contract Time will be increased by zero (00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23,2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time,which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys venue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, a 77706 Beaumo 77707 Beaumont,Texas 77704
By: By By:
Date: IT v7 Date: Date:
It F-D 4.1
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16306
��OF
RESOLUTION NO.
WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-229 awarding a contract in the amount of$1,845,000 to Bruce's
General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and
equipment to renovate the interior of the Julie Rogers Theatre; and,
WHEREAS, Change Order No. 1 was executed on November 2, 2006 for plumbing
repairs in the amount of$5,331.75 thereby increasing the contract to$1,850,331.75; and,
WHEREAS,the City Council of the City of Beaumont,Texas,passed Resolution No.
06-366 on December 5, 2006 approving Change Order No.2 in the amount of$65,380.01
increasing the contract amount to$1,915,711.76 forthe installation of a concrete ramp and
handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and
installation of rubber flooring in concession areas and elevator; and,
WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on
December 12, 2006 for additional paint prep work on auditorium ceiling beams due to
water damage; and,
WHEREAS, Change orders Nos. 4, 5 and 6 were required as shown below:
Change Order No.4 submitted December 12, 2006 in an amount of$17,139.07
includes:
1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control
room, 2"d floor concession area, and 1"floor meeting room. These areas were
omitted in the original plans and specifications. After construction began and
these areas were opened, damaged ceiling tiles and rusted grids were
discovered.
2) Installation of drywall in restrooms to accommodate raised floor. Drywall had
to be raised to accommodate raised floor in restrooms.
3) Add an overlay of sheetrock to paneled rooms previously scheduled for repainting
in the 2nd floor offices. The existing paneled walls were scheduled to be painted but
upon closer inspection, damage to the 30 year old paneling was noted, thus the
decision was made to overlay the paneling with sheetrock.
4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The
original plans called for recessed lighting with plaster ceilings. Since these are
office and dressing room corridors that will not be open to the public, it was
decided to lower the ceiling and install acoustical tiles.
5) Replacement of rusted metal studs found in restroom walls, janitor closets and
other interior room walls. The studs were rusted from water leaks not known
until existing walls were removed.
Change Order No.5 submitted December 13, 2006 in an amount of$38,396.45
includes:
1) Leveling of restroom floors. After demolition of existing restrooms, it was
discovered that the floors were not level due to the settling of the foundation on
the north and south sides of the building. The floors need to be raised 2 1/2 to
3 '/2 inches to accommodate the installation of new restroom facilities and
flooring. After consulting with a structural engineer, it was determined that the
floors could be leveled by using concrete and a leveling compound. In addition,
all plumbing stub outs and drains must be raised to accommodate the new floor.
2) Additional stencil work by Conrad Schmitt in the west auditorium entrances.
Conrad Schmitt's original bid included lobby and hallway stencils. It was
decided to continue the same pattern in auditorium vestibules. The cost for this
additional artistic stenciling is $2,278.50.
3) Plumbing repairs. These include replacing air conditioning drains, storm drains
and miscellaneous plumbing repairs.
Change Order No.6 submitted December 21, 2006 in an amount of$71,896.82
includes:
• New and revised lighting. The original specifications for lighting were based on
a decorating scheme designed by LaBiche Architectural Group. The award of
the construction bid included an alternate bid item using the artistic design work
by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors.
The design scheme includes beautiful floral patterns in soft pastels, stenciled
and hand painted on wall panels and hand-painted ceiling murals. The lighting
fixtures originally specified are not appropriate for the new design concept.
Included in this change order are new chandeliers for the north and south
lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the
existing chandeliers. New chandeliers were selected after it was discovered that
the existing chandeliers had damage beyond repair. The price for the four
chandeliers including four mechanical lowering devices, new wiring and wall
controls, and installation is$55,060. In addition, new chandeliers not scheduled
for replacement in the original bid were selected for the Green Room,the Ticket
Lobby and corridors. Most of the cost was offset by the deletion of numerous
fixtures originally specified that did not compliment the architectural integrity of
the building.
Change Order Nos.4, 5 and 6 in the total amount of$127,432.29 increased the
contract amount to $2,053,123.25; and,
WHEREAS, Change Order Nos. 7, 8 and 9 were required as shown below:
New Contract
Executed Reason Amount Amount
No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78
No. 8 1/23/07 Drywall, insulation, cleanup and
debris removal, misc. a/c changes $6,444,82 $2,064,931.42
No. 9 1/23/07 Sheetrock for 14 doorways, tape,
float and paint, new base trim $3,606.75 $2,068,538.17
and,
WHEREAS, Change Order Nos. 10 through 15 were required as shown below:
Change Order No. 10 in an amount of$24,733.91 includes:
• Material and labor to modify auditorium floor to accommodate new seating
layout. Electrical and communication lines to be relocated in this area. Paint
both the auditorium and balcony concrete floors.
Change Order No. 11 in an amount of$5,092.50 includes:
• New laminate countertops and new cabinet doors in second floor concession
area.
Change Order No. 12 in amount of$9,284.10 includes:
• Miscellaneous repairs in various rooms and corridors.
Change Order No. 13 in an amount of$11,369.17 includes:
1) New carpet to be installed in the performer's dressing rooms,which includes one
on the 1st level and three on the 2nd level;
2) A brick paved floor similar to the southeast entrance lobby floor;
3) Installation of an automatic door, new glass and glazing of the sidelites and
transom and electrical connections.
Change Order Nos. 14 and 15 in an amount of$6,273.75 include:
• Remodel the wall inset to mount ADA drinking fountains and additional painting.
Paint the Rose Room and Chorus Dressing Rooms; and,
WHEREAS, Change Order Nos. 16 through 18 were required as shown below:
Change Order No. 16 in an amount of($16,366.65) includes:
1) Renovations to the Southeast entrance including new aluminum ceiling grid
and tiles, painting of exterior porch soffits, walls and doors and new light
fixtures.
2) Construction of an enclosed glass cabinet to conceal the counter in Room 116
and miscellaneous electrical changes for security system and light fixtures.
3) Construction of a closet to conceal the main terminal switch for phone and
computers in 2nd floor offices.
4) Furnish and install new paper towel dispensers in restrooms.
5) 2nd Floor concession area will be equipped with one beverage dispenser.
This requires the installation of an ice bin and modification to the sink and
countertop.
6) Ticket Office - The original counter in the Ticket office was scheduled to
remain as it was constructed in 1982. It was not ADA compliant nor is it a
convenient and efficient workspace for staff. New cabinets will be designed
to accommodate computerized ticket processing equipment and additional
staff during crowded sales events.
7) Restroom Partitions- In the original design, the restroom partitions were to be
constructed of "Silestone", a natural quartz product. This material, usually
used for countertops, is heavy and not practical for restroom partition walls
and doors. This material was deleted and substituted with a lighter weight
laminate product resulting in a substantial credit of$42,352.00 to the cost of
the project.
Change Order No. 17 in an amount of$15,064.00 includes:
1) Addition of two new circuits in the north and south corridors for lighting. Two
fixtures will be on separate circuits so as to not overload the main generator
backup circuit used in case of an emergency. This change was made at the
recommendation of the electrical engineer for this project.
2) Auditorium return air system was installed incorrectly during the 1982
renovation. Part of the system was not connected to the air conditioning unit
and electrical conduit was installed incorrectly. According to our Building
Services Manager, there had been unresolved problems with the air
conditioning unit but until the ceiling was opened during the remediation, the
cause of the problem was not known. This cost includes building a new 20 ft.
extension and removing existing grid and plaster.
3) Lamps in the auditorium ceiling are difficult to change because of limited
access. All light bulbs were replaced while scaffolding was in place.
Change Order No. 18 in the amount of$1,487.06 includes:
• Electrical upgrades to allow for control of the 2nd floor corridor lighting from the
control room. Allows staff to remotely flash lights to signify end of intermission;
and,
WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on
February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including
jambs, & installation of new doors and frames; and,
WHEREAS, Change Order No. 20 was required to install new front entry doors in
the amount of $29,925 thereby increasing the contract to $2,163,089.11.; and,
WHEREAS,Change Order No.21 was required to furnish and install new hardware
on secondary front entry doors and auditorium entrance doors on the first and second
floors in the amount of$38,778.60 thereby increasing the contract to $2,201,867.71; and,
WHEREAS, Change Order No. 22, approved by Resolution No. 07-071 on March
20, 2007, was required to refurbish the auditorium floor in the amount of $28,184.89
thereby increasing the contract amount to $2,230,052.60; and,
WHEREAS, Change Order No. 23 in the amount of$6,218.52 was executed on
March, 22, 2007 increasing the contract to$2,236,271.12 for work necessary in the Green
Room Kitchen, including demolition of the current kitchen galley which was not ADA
compliant, and installation of a new kitchen counter, sink, and under-cabinet refrigerator;
and,
WHEREAS, Change Order Nos. 24, 25 and 26 are required as shown below:
Change Order No. 24 in the amount of $4,551.75 thereby increasing the
contract to $2,240,822.87 includes:
• Miscellaneous window and door glass repair, additional balcony riser and control
booth painting, a menu board and painting of new cabinet doors in the 2"d floor
concession area, and installation of additional wood base trim in 1St floor lobbies.
Change Order No. 25 in the amount of $8,420.21 thereby increasing the
contract to $2,249,243.08 includes:
• Purchase and installation of additional exit lights required to meet all fire and
building codes. Installation of water resistant ceiling tiles and painting ceiling grid
in dressing room showers.
Change Order No. 26 in the amount of$11,505 thereby increasing the contract
to $2,260,748.08 includes:
• Offices, a conference room, a large meeting room and an area for food or drink
preparation for use by office personnel or conference attendees.
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 Change Order
Nos. 24, 25 and 26 in the total amount of $24,476.96 thereby increasing the contract to
$2,260,748.08.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
May, 2007.
- Mayor Guy N. Goodson -
D
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 20, 2007
REQUESTED ACTION: Council consider Change Order No. 2 for the Tyrrell
Historical Library repair project.
RECOMMENDATION
Approval of Change Order No. 2 for the Tyrrell Historical Library repair project for a deduction
of$11,419.22 to H. B. Neild& Sons, Inc.
BACKGROUND
Change Order No. 1 was approved by Council on August 15, 2006 and increased the original
construction contract of$351,300 by $57,750 for a new contract amount of$409,050.00.
Change Order No. 2 provides for the repair of a rotted roof deck area which was not caused by
Hurricane Rita, additional painting at the elevator and first floor West wall, and additional
materials and repairs to gypsum board in the basement. The total cost of these items is $4,580.78
and will be deducted from the$16,000.00 contract contingency, leaving a balance of$11,419.22.
The $11,419.22 will be deducted from the current contract amount of $409,050 leaving a new
contract total of $397,630.78. Change Order No. 2 represents a 3% reduction in the original
contract amount. No contract extension time is required for this change order.
A copy of Change Order No. 2 is attached for your review.
BUDGETARYIMPACT
The claim for this project has been filed with the property insurance carrier for reimbursement.
Change Order No. 2 will decrease the cost of the construction project by a total of$11,419.22.
CHANGE MILTON BELL ASSOCIATES,Inc.
ORDER 595 Orleans, Suite 711
Dismeuaon to: Beaumont, Texas 77701
Owner M Contractor [X] Tel: 409/838-5378 Fax: 409/838-5017
Architect [XJ Field
Consultants [] Other p
PROJECT: REPAIRS to the TYRRELL HISTORICAL LIBRARY CHANGE ORDER NO: 2(TWO)
(name,address) 695 PEARL STREET
BEAUMONT,Tx 77701 INITIATION DATE: 19 MARCH 2007
TO(Contractor):
H.B.NEILD&SONS,INC. ARCHITECT'S PROJECT NO: 0508
P.O.BOX 22555
BEAUMONT,TX 77720 CONTRACT FOR:GENERAL CONST'N
CONTRACT DATE: 05 MAY 2006
You are directed to make the following changes in this Contract:
1. ADD TO THE CONTRACT TO REPAIR ROTTED ROOF DECK
AREA NOT CAUSED BY HURRICANE"RITA" ADD $2,855.00
2. ADDITIONAL PAINTING AT ELEVATOR AND FIRST FLOOR
WEST WALL ADD $1,335.00
3. ADDITIONAL REPAIRS TO GYP BOARD AT BASEMENT
THAT WAS NOT INCLUDED IN ORIGIONAL C.D.'S ADD $ 330.00
4. ADDITIONAL MATERIALS FOR ITEM#3,ABOVE ADD $ 60.78
TOTAL ADD TO BE DEDUCTED FROM$16,000.00
CONTRACT CONTINGENCY $4,580.78
5. DEDUCT REMAINING CONTINGENCY BALANCE ($11,419.22)
TOTAL CONTRACT CHANGE DEDUCT $11,419.22
Not Valid until signed by both the Owner and Architect.
Signature ofthe Contractor indicates his agreement herewith,including any adjustment in the Contract Sum or Contact Time.
The original (Contract Sum) was.................................................................... $ 351,300.00
Net change by previously authorized Change Orders...................................... $ 57,750.00
The (Contract Sum) prior to this Change Order was............................................... $ 409,050.00
The (Contract Sum) will be (decreased)
by this Change Order........................................................................... $ (11,419.22)
The new (Contract Sum) including this Change Order will be......................... $ 397,630.78
The Contract Time will be (unchanged) by ( )Days
The Date of Substantial Completion as of the date of this Change Order therefore is 8 NOVEMBER 2006.
Authorized:
Milton Bell Associates, Inc. H. B. Neild& Sons, Inc. The City of Beaumont L w
CONTRACTOR OWNER !h"
595 Orleans, Suite 711 P.O. Box 22555 P.O. Box 3827 (grad�1
Address Address
Beaumont TX 77701 Beaumont TX 77720 Beaumont, TX 77704
BY
BY BY
DATE 16 MARCH 2006 DATE �� /yJ/19/��N ��9J DATE
RESOLUTION NO.
WHEREAS, on May 2, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-128 awarding a contract in the amount of $351,300 to H. B.
Neild & Sons, Inc., Beaumont, Texas, for furnishing all labor, equipment, materials and
supplies necessary to repair damage sustained to the Tyrrell Historical Library from
Hurricane Rita; and,
WHEREAS, Change Order No. 1 approved by Resolution No. 06-235 on August 15,
2007 was required to replace the existing 60 ton air-cooled HVAC water chiller with a new
Trane 60 ton air-cooled scroll chiller increasing the contract amount by $57,750 thereby
increasing the contract amount to $409,050; and,
WHEREAS, Change Order No. 2 is required for the repair of a rotted roof deck area
not damaged by Hurricane Rita, additional painting at the elevator and first floor West wall,
and additional materials and repairs to gypsum board in the basement for a total cost of
$4,580.78 which will be deducted from the$16,000 contract contingency, leaving a balance
of $11,419.22 which will be deducted from the current contract amount of $409,050
thereby decreasing the contract total to $397,630.78.
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 Change Order No. 2
decreasing the contract amount to $397,630.78 for the Tyrrell Historical Library repairs.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day
of May, 2007.
- Mayor Guy N. Goodson -
MA.
IL
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MAY 1, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-7/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 21 of the Code of Ordinances related to personnel
2. Consider authorizing the City Manager to execute a revision to the Local
Transportation Project Advanced Funding Agreement with the Texas Department
of Transportation(TxDOT) for the Old Dowlen Road Project
3. Consider authorizing the City Manager to execute a Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT)for the Dowlen Road Extension Project
4. Consider authorizing the City Manager to execute a Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT)for the Washington Boulevard Project
S. Consider authorizing the City Manager to execute a Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) for the Willow Street Streetscape Project
6. Consider approving a renewal of the fire, extended coverage, flood and quake
property insurance policy
7. Consider authorizing the City of Beaumont Housing Finance Corporation to issue
not to exceed $5,000,000 in tax-exempt revenue bonds to provide financing for
low and moderate income housing
8. PUBLIC HEARING: Receive public comments related to a grant application and a
contract with the Federal Transit Administration(FTA)to receive Operating
Assistance funds for the Beaumont Municipal Transit System
Consider approving a resolution authorizing the City Manager to submit a grant
application and execute a contract with the Federal Transit Administration(FTA)
to receive Operating Assistance funds for the Beaumont Municipal Transit System
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
* City Council Tour of the Julie Rogers Theatre
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
May 1,2007
Consider amending Chapter 21 of the Code of Ordinances related to personnel
.,.,., City Council Agenda Item
A Mralwilejamm MT. IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 25, 2007
REQUESTED ACTION: Council consider amendments to Chapter 21 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 21 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter
21, related to personnel, were provided to the City Council for review.
Following the plan, Chapter 21 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARY IMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Chapter 21 PERSONNEL*
Art. 1. In General,§§21-1--21-10
Art. 11. Position Classification-Compensation Plan,§§21-11--21-49
Art. Ill. Retirement Benefits,§§21-50--21-69
Art. IV. Firemen and Policemen,§§21-70--21-76
ARTICLE I. IN GENERAL
Sec. 21-1. Application of Articles I and II.
Unless expressly so stated otherwise, Articles I and II of this chapter shall apply
to all employees in the service of the city except firemen and policemen.
(Ord. No. 88-56, § 1, 5-24-88)
Seer.. - OveFtime pay, GempeRGatGFy time, and Gall baGk pay.
Saim 21-4 Co-Ilege tuition and expenses for attendance at ,
Sec. 21-5. Holidays.
(a) The following holidays shall be declared official holidays for city employees to be
observed in accordance with regulations established by the city manager:
(1) New Year's Day;
(2) Birthday of Martin Luther King, Jr.-'s 13'Fthday (3rd Monday in January);
(3) Good Friday;
(4) Memorial Day;
(5) Independence Day;
(6) Labor Day;
(7) Veteran's Day;
(8) Thanksgiving Day;
(9) Day after Thanksgiving Day;
(10) Christmas Day;
(11) A special day taken at any time.
(b) Each emergency medical services employee shall earn one half ( 1/2) shift time
for each holiday.
(Ord. No. 88-56, § 1, 5-24-88; Ord. No. 00-92, § 1, 10-24-00; Ord. No. 01-091, § 1, 10-
30-01)
Sec. 21-6. Leave.
(a) Regular full-time civilian employees regularly assigned to work forty (40) hours
per week shall earn vacation on a biweekly basis in accordance with the
following schedule:
(1) Vacation leave.
TABLE INSET:
Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year
0--4 3.08 80 2
5--14 4.62 120 3
15--23 6.15 160 4
24+ 7.69 200 5
Each regular full-time civilian employee shall earn vacation leave only
when he/she is paid for eighty (80) hours in the same pay period.
(2) Personal leave. Each regular full-time civilian employee regularly
assigned to work forty (40) hours per week shall earn a maximum of forty
(40) hours of personal leave per year. Such employee shall earn personal
leave only when the employee is paid for eighty (80) hours in the same
pay period. Two days personal leave will be available for use to every full-
time civilian employee upon his/her employment with the city.
(3) Short-term disability. Each regular full-time employee regularly assigned
to work forty (40) hours per week shall earn a maximum of ninety-six (96)
hours of short-term disability per year. Such employee shall earn short-
term disability leave only when the employee is paid for eighty (80) hours
in the same pay period.
(b) An employee who is regularly assigned to work more than forty (40) hours per
week shall have vacation, personal leave, and short-term disability accrual
amended to reflect the percentage that their expanded work schedule exceeds
forty (40) hours per week.
(c) An employee may not carry more than two hundred forty (240) hours of vacation
leave into the next calendar year.
(d) A full-time civilian employee may not use any accrued vacation until he/she has
completed six (6) months of continuous service with the city. Vacation leave must
be approved by the employee's supervisor before it can be used.
(e) Employees who are separated before completing twelve (12) months of
continuous service shall not be entitled to payment for unused vacation leave.
(f) An employee who is on leave of absence without pay shall not earn vacation
leave during that period of time.
(g) Each regular full-time employee may accumulate up to seven hundred twenty
(720) hours of personal leave, regardless of years of service.
(h) Each regular full-time employee shall earn personal leave which may be used for
illness or, upon the supervisor's approval, for any purpose.
(i) Each regular full-time employee who leaves the city after completing twelve (12)
continuous months of service will be paid for accumulated personal leave not to
exceed seven hundred twenty (720) hours. However, if that employee had short-
term disability hours accrued prior to October 1, 1991, the payment shall not
exceed a combined total of seven hundred twenty (720) hours of personal and
short-term disability leave.
Q) An employee may utilize short-term disability after being absent for forty (40)
seeses+ �hours for the same nonwork-related illness, injury or disability.
(k) An employee may use his/her earned vacation and personal leave or leave
without pay to satisfy the forty (40) seasesdtiye.hours condition. Employees with
less thane ' six (61 month's service may only use personal leave or
leave without pay for this purpose.
(1) Each regular full-time employee may accumulate up to seven hundred twenty
(720) hours of short-term disability leave.
(m) Upon termination, an employee shall not be paid for any short-term disability
hours which the employee has on the date of termination in excess of the
number of hours existing as of September 30, 1991.
(n) An employee who leaves the city after completing twelve (12) months of
continuous service and had accumulated personal leave and short-term disability
leave prior to October 1, 1991 shall be paid upon termination for such leave not
to exceed a combined total of seven hundred twenty (720) hours. The pay for
such unused accumulated hours of short-term disability leave shall be at the
employee's rate of pay as of September 30, 1991.
(Ord. No. 88-56, § 1, 5-24-88; Ord. No. 88-71, § 1, 8-2-88; Ord. No. 91-73, § 1, 9-17-91;
Ord. No. 96-65, § 1, 10-29-96; Ord. No. 05-013, § 1, 1-31-05; Ord. No. 05-014, § 1, 1-
31-05)
Sec. 21-7. Occupational disabilities and injuries.
An employee injured in the course of employment shall receive benefits as
provided by the worker's compensation program adopted by the city and by any other
applicable regulations and directives. An employee shall not be eligible to use leave in
conjunction with short-term disability and worker's compensation benefits to exceed
his/her regular base salary.
(Ord. No. 88-56, § 1, 5-24-88)
Sec. 21-8. Longevity pay.
Each regular full-time employee with five (5) or more years of service will be paid
longevity pay at the rate of four dollars ($4.00) per month for each year of service up to
and including twenty-five (25) years. Such pay shall be computed only on the basis of
continuous, unbroken service.
(Ord. No. 88-56, $ 1, 5-24-88)
E-Mer-senGy leave, MilitaFy leave and jury dup.p.
....... family, and this le-ave shall AG-t -he GhaFqed against YaGANGA
fifteen (45) nalendar dayr, aRRually, shall be paid- thte fi-M A-alaFy OR all days fe
egeb-m+f+ta y.
peFied.
a r-,t_i e-R. p 1 an.
ARTICLE II. POSITION CLASSIFICATION-COMPENSATION PLAN*
*Note: See editor's note at Art. I.
(1) Have similar 6--ties and FespeRsibilities;
(3) Gan be equitably GgMpeRsated by the same salaFy FaRW.
It shall he used on all paFRORRA1 FAROMA ARd RAVORP, WnrkoRg 9F 9#"G9
R-eac. 24-42. Plan adopted.
budgetaFy preses6.
Sec. 21-13. Responsibility for administration.
The city manager shall be responsible for administering the classification and
compensation plans for all positions. He shall be responsible for working out
arrangements which will insure the administration of the plan for all employees on an
equitable basis. He may assign other officials or employees to assist him in this activity.
(Ord. No. 88-56, § 1, 5-24-88)
Sec. 21-14. Interpretation.
The city manager shall be responsible for interpreting the application of the plan
to pay problems which are not specifically covered by this article using the principles
expressed herein as a policy guide.
(Ord. No. 88-56, § 1, 5-24-88)
paid.Saw. 21-16. Alle-l-matiaGn of new pGsitiGns.
Seem. 21-17. New appeaRtess.
(a) GeReFally, a new empleyee shall be paid the minim-im rate of pay f9F his Alass
S-81-0. 21-18. PFGme-tiaGns. and Uansfem.
FaRgeG, the pFemeted employee may be ;RGFea6R-d- to the step immediately above
haViRg the same pay FaRge.
Sec. 21-19. Demotions
When aR employee is demeted te a 19W9F Glas6 PGSwt*9R he shall be paid at the
Sears. 21-20. ReallIGGatmens downwaFd-.
Sec. 21-21. AdMiner.-t-r—at-kre rallar-y adjustment.
FeGGFA.M.(_4Ad_aUiQ_P G4 the depaFtment head of that employee.
21-22. Initial adjuetFnent te the GGmpeneation plan.
.AftR-.r thA- initial qFade fGF a Glass ef POSitiORS har-, been established, the .
at seer-,tion 221-221 A-hall apply 49F all 6Ub6eq6IA_Rt
Sear. 21-23. LGngevwty pay.-
EaGh Feqular empleyee with five (5) 9F FneFe yeaF6 Of 660-MAn-e- will be paid
Sec. 21-24. Reduction in force.
(a) Whenever it is necessary to reduce the workforce in any city department or
division, temporary, part-time and probationary employees shall be considered
for layoff first. The city shall attempt to transfer full-time employees to other
departments. The city manager shall define the process that will be used in
determining which employees will be laid off for overall consistency and fairness.
(b) The salary for each employee rehired in his previous classification shall be
commensurate with his pay rate prior to the layoff. The salary of each employee
rehired in a lower grade shall be adjusted to a salary comparable to other
employees with the same seniority in the new classification.
(c) Other such benefits shall be defined in accordance with the established rules as
promulgated by the city manager.
(Ord. No. 88-56, § 1, 5-24-88)
Secs. 21-25--21-49. Reserved.
ARTICLE III. RETIREMENT BENEFITS
Sec. 21-50. Retirement on pension; at what ages; notice.
All employees of the city, except members of the fire department, shall be eligible
for retirement in accordance with the requirements of the Texas Municipal Retirement
System as amended.
(Code 1958, § 12-14.1; Ord. No. 77-4, § 1, 1-4-77)
Sec. 21-51. Effective dates of participation in retirement system.
The effective date of participation in the retirement system generally was January
1, 1951,
(Code 1958, § 12-14.2)
Sec. 21-51.1. Single composite participation date.
The city hereby elects to adopt
a single composite participation date as;
determined by the actuary of the Texas Municipal
Retirement System in the manner prescribed by the
statutaTexas Municipal Retirement System Act.
(Ord. No. 75-30, § 1, 4-22-75)
Sec. 21-51.2. Reinstatement by reemployed members.
Pursuant to Section 853.9A4-003, , Texas
Government Code, as amended, the City of Beaumont hereby elects to allow any
member of the Texas Municipal Retirement System who is an employee of this city on
the first day of October, 1995, who has terminated a previous membership in said
system by withdrawal of deposits while absent from service, but who has at least twenty-
four (24) months of credited service as an employee of this city since resuming
membership to deposit with the system in a lump sum the amount withdrawn, plus a
withdrawal charge of five (5) per cent of such amount for each year from date of such
withdrawal to date of redeposit, and thereupon such member shall be allowed credit for
all service to which the member had been entitled at date of termination of earlier
membership, with like effect as if all such service had been rendered as an employee of
this city, whether so rendered or not. The city agrees to underwrite and hereby assumes
the obligations arising out of the granting of all such credits, and agrees that all such
obligations and reserves required to provide such credits shall be charged to this city's
account in said municipality accumulation fund. The five (5) per cent per annum
withdrawal charge paid by the member shall be deposited to the credit of the city's
account in said municipality accumulation fund, and the deposits of the amount
previously withdrawn by the member shall be credited to his or her individual account in
the employees' savings fund of the system.
(Ord. No. 77-16, § 1, 2-15-77; Ord. No. 95-56, § 1, 9-12-95)
Sec. 21-52. Adding or discontinuing departments or employees.
The city may, in the future, refuse to add new departments or new employees to
the Texas Municipal Retirement System but shall never discontinue as to any
participants.
(Code 1958, §§ 12-14.1.1, 12-14.3)
Sec. 21-53. Contributions, deductions, records, reports, remittances.
In accordance with the provisions of the statute, the deposits to be made to the
Texas Municipal Retirement System on account of current service of the employees of
the several participating departments are hereby fixed at the rate of five (5) per cent of
the earnings of each employee of said department, and in determining the deposits to be
made on account of such service, the maximum earnings of this city is full salary. The
city finance officer is hereby directed to remit to the board of trustees of the Texas
Municipal Retirement System, at its office in Austin, Texas, the city's contributions to the
system and the amounts which shall be deducted from the compensation or payroll of
employees, all as required by said board under the provisions of Article 6243h of
Vernon's Annotated Civil Statutes, and the city finance officer is hereby authorized and
directed to ascertain and certify officially on behalf of the city, the prior service rendered
to the said municipality by each of the employees of said departments, and the average
prior service compensation received by each, and to make and execute all prior service
certifications and all other reports and certifications which may be required of the city
under the statute, or in compliance with the rules and regulations of the board of trustees
of the Texas Municipal Retirement System.
(Code 1958, §§ 12-14.1.1, 12-14.4)
Sec. 21-54. Limitation upon calculation of contributions from employees'
earnings.
The total earnings, Wh+ehAa paid by the city to any-e#-ttscovered employees
hall be considered in
calculating the amount to be withheld and the deposits and contributions to be made to
the Texas Municipal Retirement System by reason of current service rendered by such
employee to this city.
(Code 1958, § 12-14.5)
Seen_ 21-65. Supplemental benefits f---nd_—P_artiG"Pate GR.
,
effe-n-tive JaRuaFy 4, 4973-.
fund- of said 6Y6t8FA-.
,
empleVees.
after thA Affentive date of paFtiGipatien of 6uGh depaFtFneRt iR --aid- fund- rahall, ars a
Sea_ _211-58. Same—RemittanGes; maximum the Texas M6IRiGiPal Ret*FWAGRt System at its effir-ze in AustiR, Texas, as the Gity'6
.
Cede 1958,-§§--1'2 14.5.1, 42
Sec. 21-59. Antecedent service and special prior service credit.
(a) Each person who was an employee of the city on the thirty-first day of December,
1969, and who was at that date a member of the Texas Municipal Retirement
System shall be allowed and upon the terms and conditions prescribed by
section XVI, Article 6243h of Vernon's Texas Civil Statutes as amended by
Chapter 371, Acts Regular Session, 61 st Legislature, is hereby granted, effective
on the date last above mentioned antecedent service credit as that term is
defined in said act, calculated on the basis of one hundred fifty (150) per cent of
each current service deposit actually made by such person with the Texas
Municipal Retirement System during each month of current service performed for
this city prior to the thirty-first day of December, 1969.
(b) Each person who was an employee of the city on the thirty-first day of December,
1969, and who at said date was a member of the Texas Municipal Retirement
System and who holds in such system an effective prior service certificate
granted by reason of service performed for this city prior to its participation in
said system shall be allowed and is hereby granted a special prior service credit
in an amount equivalent to the accumulation that interest has provided in said act
in a series of monthly payments of one hundred fifty (150) per cent of the
member's average prior service compensation for the number of months of prior
service certified to in such member's prior service certificate. The special prior
service credit herein provided for shall be in addition to the prior service credit
heretofore allowed such member.
(c) Any person who was employed by the city prior to December thirty-first, 1969,
whose membership in Texas Municipal Retirement System by reason of such
service has not terminated and who on said date is absent from service in the
employment of the city shall be entitled to the antecedent service credit and to
special prior service credit in the amount he would have been allowed under
subsections (a) and (b) hereof had he been in active service on said date,
provided such person again becomes an employee of said city before termination
of his said membership in Texas Municipal Retirement System and within five (5)
years from the thirty-first day of December, 1969, and provided such person
thereupon continues as an employee of a participating department of the city for
a period of five (5) consecutive years.
(Code 1958, § 12-14.10)
Sec. 21-59.1. Updated service credit; initial increase in annuities in effect
(Ord. No. 76-141).
(a) Initial Allowance of Updated Service Credits:
(1) On the terms and conditions set out in section XVII of Article 6243h,
Vernon's Texas Civil Statutes, as amended 1975, each member of Texas
Municipal Retirement System who has current service credit or prior
service credit in said system in force and effect on the first day of
January, 1977, by reason of service in the employment of the City of
Beaumont, shall be and is hereby allowed "updated service credit" (as
that term is defined in said act) in an amount that is sixty (60) per cent of
the "base updated service credit" of the member, calculated as provided
in said act. The updated service credit hereby allowed shall be in lieu of
and in substitution for all prior service credits, special prior service credits,
and antecedent service credits, if any, heretofore allowed such member
by reason of service with the city.
(2) In accordance with the provisions of said act, the deposits required to be
made to the Texas Municipal Retirement System by employees of the
several participating departments on account of current service shall be
calculated from and after the date aforesaid on the full amount of such
person's earnings as an employee of the city.
(3) Subject to approval of the board of trustees of Texas Municipal
Retirement System, the updated service credits hereby granted shall be
and become effective the first day of January, 1977.
(b) Initial increases in annuities in effect.
(1) Pursuant to section XVIII of Article 6243h, Vernon's Texas Civil Statutes
as amended and subject to approval by the board of trustees of Texas
Municipal Retirement System as provided in said act, the city hereby
elects to allow and to provide for payment of the increases below
specified in all monthly benefits payable by Texas Municipal Retirement
System after the first day of January, 1977, to retired employees and to
beneficiaries of deceased employees of this city under current service
annuities and prior service annuities arising from service of such
employee to this city, and in effect prior to the date last above mentioned.
(2) Each such monthly benefit for the month of January, 1977, and each
month thereafter shall be increased by forty (40) per cent above the
amount of the regular benefit (as distinguished from any supplemental or
distributive benefit) in effect for the month of December, 1976.
(Ord. No. 76-141, §§ 1, 2, 12-14-76)
Sec. 21-59.1.1. Updated service credit (Ord. No. 86-121).
Initial allowance of updated service credits:
(a) On the terms and conditions set out in Section XVII of Article 6243h, Vernon's
Texas Civil Statutes, as amended in 1975, each member of the Texas Municipal
Retirement System who has current service credit or prior service credit in said
system in force and effect on the first day of January, 1987, by reason of service
in the employment of the City of Beaumont, shall be and is hereby allowed
"updated service credit" (as that term is defined in said act) in an amount that is
one hundred (100) per cent of the "base updated service credit" of the member,
calculated as provided in said act. The updated service credit hereby allowed
shall be in lieu of and in substitution for all prior service credits, special prior
service credits, and antecedent service credits, if any, heretofore allowed such
member by reason of service with the city of Beaumont.
(b) In accordance with the provisions of said act, the deposits required to be made to
the Texas Municipal Retirement System by employees of the several
participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an
employee of the city.
(c) Subject to approval of the board of trustees of the Texas Municipal Retirement
System, the updated service credits hereby granted shall be and become
effective the first day of January, 1987.
(Ord. No. 86-121, 12-16-86)
Sec. 21-59.2. Additional benefits re Texas Municipal Retirement System.
(a) Pursuant to the provisions of Sections 62.105 and 64.202 of Subtitle G of Title
110B, Revised Civil Statutes of Texas, 1925, as amended, which subtitle shall
herein be referred to as the "TMRS Act," the City of Beaumont, Texas, adopts
the following provisions affecting participation of its employees in the Texas
Municipal Retirement System:
(1) Each person who becomes an employee of any participating department
of this city and who is not already a member of the Texas Municipal
Retirement System shall become a member of the system as a condition
of employment, provided such person is then under sixty (60) years of
age;
(2) Any member, after one (1) year from the effective date of his or her
membership in the system, shall be eligible for service retirement if he or
she has attained the age of fifty (50) years and has completed twenty-five
(25) years of creditable service with one (1) or more municipalities that
have authorized eligibility under Section 64.202 of the TMRS Act or under
Section XX of former Article 6243h, Vernon's Texas Civil Statutes; or if he
or she has attained the age of sixty (60) years and has completed at least
ten (10) years of creditable service with one (1) or more municipalities
that have authorized eligibility under Section 64.202 of the TMRS Act or
under Section XX of said former Article 6243h;
(3) The membership of any person who has completed at least ten (10) years
of creditable service with participating municipalities that have authorized
eligibility under Section 64.202 of the TMRS Act (or under Section XX of
said former Article 6243h) shall not terminate because of absence from
service; and
(4) Any person who is an employee of a participating department of this
municipality at the effective date of this section, but who at the date of his
or her employment was under sixty (60) years of age but did not become
a member of Texas Municipal Retirement System because he or she was
then above the maximum age then prescribed by law for initial
membership in the system, shall become a member of the system at the
effective date of this ordinance, unless he or she has already become a
member under other provisions of the governing act, and shall be allowed
prior service credit for each month of creditable service performed for this
municipality subsequent to the date such person was precluded from
membership and prior to the effective date of his or her membership.
Such prior service credit shall be calculated using the same percentage of
base prior service credit as was most recently used in calculating prior
service credits or updated service credits in said system for current
member employees of this city.
(b) The rights, credits and benefits hereinabove authorized shall be in addition to the
plan provisions heretofore adopted and in force at the effective date of this
Ordinance No. 84-160 pursuant to the TMRS Act.
(Ord. No. 84-160, §§ 1, 2, 12-4-84)
Editor's note: Ord. No. 84-160, §§ 1, 2, adopted Dec. 4, 1984, did not specify manner
of codification; hence, inclusion herein as § 21-59.2 has been at the discretion of the
editor.
Sec. 21-59.3. Initial allowance of updated service credits (Ord. No. 87-90).
(a) On the terms and conditions set out in Section XVII of Article 6243h, Vernon's
Texas Civil Statutes, as amended in 1975, each member of the Texas Municipal
Retirement System who has current service credit or prior service in said system
in force and effect on the 1st day of January, 1988, by reason of service in the
employment of the City of Beaumont, shall be and is hereby allowed "updated
service credit" (as that term is defined in said act) in an amount that is one
hundred (100) per cent of the "base updated service credit" of the member,
calculated as provided in said act. The updated service credit hereby allowed
shall be in lieu of and in substitution for all prior service credits, special prior
service credits, and antecedent service credits, if any, heretofore allowed such
member by reason of service with the City of Beaumont.
(b) In accordance with the provisions of said act, the deposits required to be made to
the Texas Municipal Retirement System by employees of the several
participating departments on account of current service shall be calculated from
and after the date aforesaid on the full amount of such person's earnings as an
employee of the city.
(c) Subject to approval of the board of trustees of the Texas Municipal Retirement
System, the updated service credits hereby granted shall be and become
effective the 1 st day of January, 1988.
(Ord. No. 87-90, 11-24-87)
Editor's note: Ord. No. 87-90, adopted Nov. 24, 1987, did not specifically amend the
Code, hence inclusion herein as §21-59.3 was at the discretion of the editor.
Sec. 21-59.4. Authorization of updated service credits (Ord. No. 88-87).
(a) On the terms and conditions set out in Sections 63.401 through 63.403 of Title
110B, Revised Civil Statutes of Texas, 1925, as amended, each member of the
Texas Municipal Retirement System who has current service credit or prior
service credit in said system in force and effect on the 1st day of January, 1988,
by reason of service in the employment of the City of Beaumont, and on such
date has at least thirty-six (36) months of credited service with said system, shall
be and is hereby allowed "updated service credit" (as that term is defined in
subsection (d) of Section 63.402 of said title) in an amount that is one hundred
(100) per cent of the "base updated service credit" of the member (calculated as
provided in subsection (c) of Section 63.402 of said title). The updated service
credit hereby allowed shall replace any updated service credit, prior service
credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(b) On the terms and conditions set out in Section 63.601 of said title, any member
of the Texas Municipal Retirement System who is eligible for updated service
credits on the basis of service with this city, and who has unforfeited credit for
prior service and/or current service with another participating municipality or
municipalities by reason of previous service, and was a contributing member on
January 1, 1985, shall be credited with updated service credits pursuant to,
calculated in accordance with, and subject to adjustment as set forth in said
63.601.
(c) In accordance with the provisions of subsection (d) of Section 63.401 of said title,
the deposits required to be made to the Texas Municipal Retirement System by
employees of the several participating departments on account of current service
shall be calculated from and after the date aforesaid on the full amount of such
person's earnings as an employee of the city.
(Ord. No. 88-87, § 1, 9-27-88)
Editor's note: Ord. No. 88-87, § 1, adopted Sept. 27, 1988, did not specifically amend
the Code, hence inclusion herein as §21-59.4 was at the discretion of the editor. Section
2 of said ordinance provided; "Subject to approval by the Board of Trustees of the Texas
Municipal Retirement System, the updated service credits granted hereby shall be and
become effective on the 1 st day of January, 1989."
Sec. 21-59.5. Special credit for employees who served in the armed forces.
(a) Pursuant to Subchapter F of Chapter 63, Title 110B, Revised Civil Statutes of
Texas, as amended, the City of Beaumont hereby elects to allow eligible
members in its employment to establish credit in the Texas Municipal Retirement
System for active military service performed as a member of the armed forces or
armed forces reserves of the United States or an auxiliary of the armed forces or
armed forces reserves, during a period in which the United States is or was
involved in a state of conflict with foreign forces. Eligible members as used herein
shall be those employees meeting the criteria set forth in subsection (b) of
Section 63.501 of said Subchapter F, and the amount and use of creditable
military service shall be as further set forth in that Subchapter.
(b) In order to establish credit for military service hereunder, a member must deposit
with the Texas Municipal Retirement System (in that member's individual account
in the employees saving fund), before the first anniversary of the effective date of
this section or before the first anniversary of the date the member becomes
eligible to establish the credit (whichever is later) an amount equal to the number
of months for which credit is sought, multiplied by fifteen dollars ($15.00), and the
city must contribute an amount equal to the amount required of the member,
multiplied by the city's current service matching percentage in effect on the date
the member applies for credit hereunder. The City of Beaumont agrees to pay
into its account in the municipality accumulation fund all sums which become due
hereunder as a result of the granting of such credit.
(Ord. No. 88-88, §§ 1, 2, 9-27-88)
Editor's note: Ord. No. 88-88, §§ 1, 2, adopted Sept. 27, 1988 did not specifically
amend the Code, hence inclusion herein as §21-59.5 was at the discretion of the editor.
Section 3 of said ordinance provides: "This ordinance shall become effective in the 1 st
day of January, 1989."
Sec. 21-59.6. Additional rights, credits and benefits (Ord. No. 88-89).
Pursuant to the provisions of Sections 64.202(f), 64.204, 64.405, 64.406, and
64.410 of Subtitle G of Title 110B, Revised Civil Statutes of Texas, 1925, as amended
by the 70th Legislature of the State of Texas, Regular Session, which subtitle shall
herein be referred to as the "TMRS Act," the City of Beaumont, Texas, adopts the
following provisions affecting participation of its employees in the Texas Municipal
Retirement System (which retirement system shall herein be referred to as the
"system"):
(1) Any employee of this city who is a member of the system is eligible to
retire and receive a service retirement annuity, if the member has at least
twenty-five (25) years of credited service in that system performed for one
or more municipalities that have participation dates after September 1,
1987, or have adopted a like provision under Section 64.202(f) of the
TMRS Act.
(2) If a "vested member," as that term is defined in Section 64.204(b) of the
TMRS Act, shall die before becoming eligible for service retirement and
leaves surviving a lawful spouse whom the member has designated as
beneficiary entitled to payment of the member's accumulated
contributions in event of the member's death before retirement, the
surviving spouse may by written notice filed with the system elect to leave
the accumulated deposits on deposit with the system subject to the terms
and conditions of said Section 64.204(b). If the accumulated deposits
have not been withdrawn before such time as the member, if living, would
have become entitled to service retirement, the surviving spouse may
elect to receive, in lieu of the accumulated deposits, an annuity payable
monthly thereafter during the lifetime of the surviving spouse in such
amount as would have been payable had the member lived and retired at
that date under a joint and survivor annuity (Option 1) payable during the
lifetime of the member and continuing thereafter during the lifetime of the
surviving spouse.
(3) At any time before payment of the first monthly benefit of an annuity, a
surviving spouse to whom subsection (2) applies may, upon written
application filed with the system, receive payment of the accumulated
contributions standing to the account of the member in lieu of any benefits
otherwise payable under this section. In the event such a surviving
spouse shall die before payment of the first monthly benefit of an annuity
allowed under this section, the accumulated contributions credited to the
account of the member shall be paid to the estate of such spouse.
(4) The rights, credits and benefits hereinabove authorized shall be in
addition to the plan provisions heretofore adopted and in force at the
effective date of this section pursuant to the TMRS Act.
(5) Any employee of this city who is a member of the system is eligible to
retire and receive a "standard occupational disability annuity" under
Section 64.408 of the TMRS Act or an "optional occupational disability
retirement annuity" under Section 64.410 of the TMRS Act upon making
application therefor upon such form and in such manner as may be
prescribed by the board of trustees of the system, provided that the
system's medical board has certified to said board of trustees: (1) that the
member is physically or mentally disabled for further performance of the
duties of the member's employment; (2) that the disability is likely to be
permanent; and (3) that the member should be retired. Any annuity
granted under this subsection shall be subject to the provisions of Section
64.409 of the TMRS Act.
(6) The provisions relating to the occupational disability program as set forth
in section (e) above are in lieu of the disability program heretofore
provided for under Sections 64.301 to 64.308 of the TMRS Act.
(Ord. No. 88-89, § 1, 9-27-88)
Editor's note: Ord. No. 88-89, § 1, adopted Sept. 27, 1988 did not specifically amend
the Code, hence inclusion herein as §21-59.6 was at the discretion of the editor. Section
2 of said ordinance provides; "This ordinance shall become effective on the first day of
January, 1989, provided that it has previously been determined by the Actuary for the
System that all obligations of the City to the municipality accumulation fund, including
obligations hereby undertaken, can be funded by the City within its maximum
contribution rate and within its amortization period."
Sec. 21-59.7. Authorization of updated service credits (Ord. No. 89-88).
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of
Subtitle G of Title 8, V.T.C.A., Government Code, as amended, each member of
the Texas Municipal Retirement System who has current service credit or prior
service credit in said system in force and effect on the 1 st day of January, 1989,
by reason of service in the employment of the City of Beaumont, and on such
date has at least thirty-six (36) months of credited service with said system, shall
be and is hereby allowed "updated service credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is one hundred
(100) per cent of the "base updated service credit" of the member (calculated as
provided in subsection (c) of Section 853.402 of said title). The updated service
credit hereby allowed shall replace any updated service credit, prior service
credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(b) On the terms and conditions set out in Section 853.601 of said title, any member
of the Texas Municipal Retirement System who is eligible for updated service
credits on the basis of service with this city, and who has unforfeited credit for
prior service and/or current service with another participating municipality or
municipalities by reason of previous service, and was a contributing member on
January 1, 1989, shall be credited with updated service credits pursuant to,
calculated in accordance with, and subject to adjustment as set forth in said
853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said
title, the deposits required to be made to the Texas Municipal Retirement System
by employees of the several participating departments on account of current
service shall be calculated from and after the date aforesaid on the full amount of
such person's earnings as an employee of the city.
(d) Subject to approval by the board of trustees of the Texas Municipal Retirement
System, the updated service credits granted hereby shall be and become
effective on the 1 st day of January, 1990.
(Ord. No. 89-88, §§ 1, 2, 12-19-89)
Editor's note: Ord. No. 89-88, §§ 1, 2, adopted Dec. 19, 1989, did not specifically
amend the Code; hence inclusion herein as §21-59.7 was at the discretion of the editor.
Sec. 21-59.8. Authorization of updated service credits (Ord. No. 90-66).
(a) On the terms and conditions set out in Sections 853.401 through 853.403 of
Subtitle G of Title 8, V.T.C.A., Government Code, as amended, each member of
the Texas Municipal Retirement System who has current service credit or prior
service credit in said system in force and effect on the 1st day of January 1990,
by reason of service in the employment of the City of Beaumont, and on such
date has at least thirty-six (36) months of credited service with said system, shall
be and is hereby allowed "updated service credit" (as that term is defined in
subsection (d) of Section 853.402 of said title) in an amount that is one hundred
(100) per cent of the "base updated service credit" of the member (calculated as
provided in subsection (c) of Section 853.402 of said title). The updated service
credit hereby allowed shall replace any updated service credit, prior service
credit, special prior service credit, or antecedent service credit previously
authorized for part of the same service.
(b) On the terms and conditions set out in Section 853.601 of said title, any member
of the Texas Municipal Retirement System who is eligible for updated service
credits on the basis of service with this city, and who has unforfeited credit for
prior service and/or current service with another participating municipality or
municipalities by reason of previous service, and was a contributing member on
January 1, 1990, shall be credited with updated service credits pursuant to,
calculated in accordance with, and subject to adjustment as set forth in said
853.601.
(c) In accordance with the provisions of subsection (d) of Section 853.401 of said
title, the deposits required to be made to the Texas Municipal Retirement System
by employees of the several participating departments on account of current
service shall be calculated from and after the date aforesaid on the full amount of
such person's earnings as an employee of the city.
(Ord. No. 90-66, § 1, 10-3-90)
Editor's note: Ord. No. 90-66, § 1, adopted Oct. 30, 1990, did not specifically amend
the Code; hence, its inclusion herein as § 21-59.8 was at the discretion of the editor.
Section 2 of said ordinance provides: "Subject to approval by the board of trustees of the
Texas Municipal Retirement System, the updated service credits granted hereby shall be
and become effective on the 1st day of January, 1991."
Sec. 21-59.9. Authorization of updated service credits (Ord. No. 91-82).
(a) On the terms and conditions set out in Sections 853.401 through 853.404 of
Subtitle G of Title 8, V.T.C.A., Government Code, as amended, (hereinafter
referred to as the "TMRS Act"), each member of the Texas Municipal Retirement
System (hereinafter referred to as the "system") who has current service credit or
prior service credit in the system in force and effect on the 1st day of January of
the calendar year preceding such allowance, by reason such date has at least
thirty-six (36) months of credited service with the system, shall be and is hereby
allowed "updated service credit" (as that term is defined in subsection (d) of
Section 853.402 of the TMRS Act).
(b) On the terms and conditions set out in Section 853.601 of the TMRS Act, any
member of the system who is eligible for updated service credits on the basis of
service with this city, who has unforfeited credit for prior service and/or current
service with another participating municipality or municipalities by reason of
previous service, and was a contributing member on January 1, 1992, shall be
credited with updated service credits pursuant to, calculated in accordance with,
and subject to adjustment as set forth in said Section 853.601, both as to the
initial grant hereunder and all future grants under this section.
(c) The updated service credit hereby allowed and provided for shall be one hundred
(100) per cent of the "base updated service credit" of the member (calculated as
provided in subsection (c) of Section 853.402 of the TMRS Act).
(d) Each updated service credit allowed hereunder shall replace any updated service
credit, prior service credit, special prior service credit, or antecedent service
credit previously authorized for part of the same service.
(e) The initial allowance of updated service credit hereunder shall be effective on
January 1, 1992, subject to approval by the board of trustees of the system. An
allowance shall be made hereunder on January 1 of each subsequent year until
this section ceases to be in effect under subsection (e) of Section 853.404 of the
TMRS Act, provided that, as to such subsequent year, the actuary for the system
has made the determination set forth in subsection (d) of Section 853.404 of the
TMRS Act.
(f) In accordance with the provisions of subsection (d) of Section 853.401 of the
TMRS Act, the deposits required to be made to the system by employees of the
several participating departments on account of current service shall be
calculated from and after the effective date of this section on the full amount of
such person's compensation as an employee of the city.
(Ord. No. 91-82, § 1, 10-8-91)
Editor's note: Ord. No. 91-82, § 1, adopted Oct. 8, 1991, did not specifically amend
the Code; hence, its inclusion herein as§ 21-59.1 was at the discretion of the editor.
Section 2 of said ordinance provides: "Subject to approval by the board of trustees of the
Texas Municipal Retirement System, this ordinance shall be and become effective on
January 1, 1992."
Sec. 21-60. Police department employee contributions.
(a) Effective January 1, 1970, all employees of the police department of the city, who
are members of the Texas Municipal Retirement System, shall increase their
deposits to the system from the rate of five (5) per cent to the rate of seven (7)
per cent of their individual earnings.
(b) The City of Beaumont hereby recognizes that continually since the passage of
subsection (a) hereinabove, notwithstanding any budget designation to the
contrary, the term "police department" has been and shall continue to be defined
to include only sworn and certified police officers as provided under the laws of
the State of Texas and shall not include nonsworn and certified personnel who
may act as civilian support personnel to the police department. The
determination of the meaning of "police department" as used in subsection (a)
hereinabove is done in accordance with the powers of a home-rule city as
established in the home-rule amendment to the Texas Constitution and its
enabling acts. The definition set out herein is a legislative act of the City of
Beaumont and shall apply from and after the effective date of subsection (a)
hereinabove and any other ordinance dealing with the retirement system of
Beaumont police officers.
(Code 1958, § 12-14.11; Ord. No. 90-59, § 1, 10-2-90)
Editor's note: Ord. No. 90-59, § 1, adopted Oct. 2, 1990, did not specifically amend
the Code; hence, its inclusion herein as § 21-60(b) was at the discretion of the editor.
Cross references: Firemen and policemen, §29-70 et seq.
Sec. 21-61. Increased municipal contributions to the current service
annuity reserve.
Effective January 1, 1989, for each month of current service thereafter rendered
by each of its employees who are members of the Texas Municipal Retirement System,
the city will contribute to the current service annuity reserve of each such member at the
time of his or her retirement, a sum that is two hundred (200) per cent of such member's
accumulated deposits for such month of employment; and said sum shall be contributed
from the city's account in the municipality accumulation fund.
(Code 1958, § 12-14-12; Ord. No. 88-87, 9-27-88)
Sec. 21-61.1. Retirement after twenty-five years and after twenty years of
eligible employees.
Effective on the fourteenth day of December, 1976, any employee of the city who
has attained the age of fifty (50) years, and who as an employee of this city has
completed twenty-five (25) or more years of creditable service for which he is entitled to
credit in the Texas Municipal Retirement System, and who has been a member of the
system for one (1) year or more, shall be eligible for service retirement as provided in
subsection 1(b), section VII of Article 6243h, Vernon's Texas Civil Statutes, as amended.
Any such employee who shall have completed twenty (20) years or more of creditable
service as an employee of said city shall continue as a member of Texas Municipal
Retirement System despite subsequent absence from service for a period in excess of
sixty (60) months, provided he does not withdraw his deposits during such absence, and
shall be eligible tG--for retirement upon and after attainment of the minimum age
prescribed by the act above mentioned.
(Ord. No. 76-140, 12-14-76)
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Sec. 21-65. Authorization of restricted prior service credit.
(a) On the terms and conditions set out in Section 853.305 of Subtitle G of Title 8,
Texas Government Code, as amended (hereinafter referred to as the "TMRS
Act"), each member of the Texas Municipal Retirement System (hereinafter
referred to as "the system") who is now or who hereafter becomes an employee
of the city shall receive restricted prior service credit for service previously
performed as an employee of any of the entities described in said Section
853.305 provided that (1) the person does not otherwise have credited service in
the system for that service, and (2) the service meets the requirements of said
Section 853.305.
(b) The service credit hereby granted may be used only to satisfy length-of-service
requirements for retirement eligibility, has no monetary value in computing the
annuity payments allowable to the member, and may not be used in other
computations, including computation of updated service credits.
(c) A member seeking to establish restricted prior service credit under this section
must take the action required under said Section 853.305 while still an employee
of the city.
(Ord. No. 96-56, § 1, 10-8-96)
Editor's note: Ord. No. 96-56, § 1, adopted October 8, 1996, did not specifically
amend the Code; hence, inclusion herein as § 21-65 was at the discretion of the editor.
Sec. 21-66. Twenty-year any age retirement.
Pursuant to the provisions of Section 854.202(g) of Subtitle G of Title 8, Texas
Government Code, as amended, which subtitle shall herein be referred to as the "TMRS
Act," the city adopts the following provisions affecting participation of its employees in
the Texas Municipal Retirement System (herein referred to as the "system"):
(1) Any employee of the city who is a member of the system is eligible to
retire and receive a service retirement annuity if the member has at least
twenty (20) years of credited service in the system performed for one (1)
or more municipalities that have adopted a like provision under Section
854.202(8) of the TMRS Act.
(2) Prior to adopting this section, the governing body of the city has:
a. Prepared an actuarial analysis of member retirement annuities at
twenty (20) years of service; and
b. Held a public hearing pursuant to the notice provisions of the
Texas Open Meetings Act, Chapter 551, Texas Government
Code.
(3) The rights hereinabove authorized shall be in addition to the plan
provisions heretofore adopted and in force at the effective date of this
section pursuant to the TMRS Act.
(Ord. No. 00-48, § 1, 6-20-00)
Sec. 21-67. Increased prior and current service annuities.
(a) Increase in retirement annuities.
(1) On the terms and conditions set out in sections 854.203 and 853.404 of
Subtitle G of Title 8, Government Code, as amended (hereinafter referred
to as the "TMRS Act"), the city hereby elects to allow and to provide for
payment of the increases below stated in monthly benefits payable by the
system to retired employees and to beneficiaries of deceased employees
of the city under current service annuities and prior service annuities
arising from service by such employees to the city. An annuity increased
under this section replaces any annuity or increased annuity previously
granted to the same person.
(2) The amount of the annuity increase under this section is computed as the
sum of the prior service and current service annuities on the effective
date of retirement of the person on whose service the annuities are
based, multiplied by thirty (30) percent of the percentage change in
consumer price index for all urban consumers, from December of the year
immediately preceding the effective date of the person's retirement to the
December that is thirteen (13) months before the effective date of the
increase under this section.
(3) An increase in an annuity that was reduced because of an option
selection is reducible in the same proportion and in the same manner that
the original annuity was reduced.
(4) If a computation hereunder does not result in an increase in the amount
of an annuity, the amount of the annuity will not be changed hereunder.
(5) The amount by which an increase under this section exceeds all
previously granted increases to an annuitant is an obligation of the city
and of its account in the municipality accumulation fund of the system.
(b) Dates of increases. The initial increase in retirement annuities hereunder shall be
effective on January 1, 2001, subject to approval by the board of trustees of the
system. An increase in retirement annuities shall be made hereunder on January
1 of each subsequent year until this section ceases to be in effect under
subsection (e) of section 853.404 of the TMRS Act, provided that, as to such
subsequent year, the actuary for the system has made the determination set
forth in subsection (d) of Section 853.404 of the TMRS Act, and provided further
that, as to such subsequent year, the city has an ordinance in effect that provides
for a simultaneous increase in updated service credits as that term is used in the
TMRS Act.
(c) Effective date. Subject to approval by the board of trustees of the system, this
section shall be and become effective on the first day of January 2001.
(Ord. No. 00-84, 9-26-00)
Sec. 21-68. Current service and prior service contributions.
Pursuant to section 855.407(g) of the TMRS Act, the city hereby elects to make
future normal and prior service contributions to its account in the municipal accumulation
fund of the system at such combined rate of the total compensation paid by the city to
employees who are members of the system, as the system's actuary shall annually
determine as the rate necessary to fund, within the amortization period determined as
applicable to the city under the TMRS Act, the costs of all benefits which are or may
become chargeable to or are to be paid out of the city's account in said accumulation
fund, regardless of other provisions of the TMRS Act limiting the combined rate of city
contributions.
(Ord. No. 03-106, § 1, 12-9-03)
Editor's note: Ord. No. 03-106, § 1, adopted Dec. 9, 2003, did not specifically amend
the Code. Hence, its inclusion herein as section 21-68 was at the discretion of the editor.
Sec. 21-69. Reserved.
ARTICLE IV. FIREMEN AND POLICEMEN*
*Cross references: Retirement system, § 21-60.
Sec. 21-70. Employee Relations Act.
The provisions of Article 5154c--1 of the Revised Civil Statutes of Texas, the
same being the Fire and Police Employee Relations Act, are adopted by the city and
placed into effect in accordance with the requirements of said act.
(Ord. No. 74-67, § 1, 10-22-74)
Sec. 21-71. Civil service system established.
In accordance with the provisions of the Firemen's and Policemen's Civil Service
Act, being Article 1269m of the Revised Civil Statutes of Texas, which was adopted by
the qualified voters of this city, there is hereby established a civil service system for
firemen and policemen in the city.
(Code 1958, § 12-16)
Sec. 21-72. Civil service commission created.
There is hereby established a firemen's and policemen's civil service commission
consisting of three (3) members who shall be appointed in accordance with the
provisions of the Firemen's and Policemen's Civil Service Act and shall serve without
compensation. Any member of the commission may be removed by the city council for
just cause.
(Code 1958, § 12-17)
Sec. 21-73. Civil service director; duties; removal.
There is hereby established the office of director of firemen's and policemen's
civic service, which shall be filled by the appointment of the commission in accordance
with the provisions of the Firemen's and Policemen's Civil Service Act. Said director may
be either a member of the commission, another employee of the city, or some other
person. The city council shall determine what salary, if any, shall be paid to such
director. Said director shall at all times be subject to removal by the commission. He
shall serve as secretary of the commission, and shall perform all such work incidental to
the firemen's and policemen's civil service as may be required of him by the commission.
(Code 1958, § 12-18)
Sec. 21-74. Grades and classifications--Fire department.
The following number of positions in the following classifications are hereby
established within the fire department:
TABLE INSET:
Grade Classification Positions
I Firefighters 100
I I €iFefigWers-D rive rs/Operators 72
III Captains 46
IV District Fire Chiefs 12
V Deputy Fire Chiefs 3
VI Assistant Fire Chief 1
Total 234
(Ord. No. 90-20, § 1, 3-27-90; Ord. No. 92-74, § 1, 9-22-92; Ord. No. 94-62, § 1, 12-13-
94; Ord. No. 96-18, § 1, 3-19-96; Ord. No. 98-33, § 1, 5-12-98; Ord. No. 99-90, § 1, 11-
23-99; Ord. No. 00-32, § 1, 4-11-00; Ord. No. 00-85, § 1, 9-26-00; Ord. No. 01-081, § 1,
10-16-01)
Sec. 21-75. Same--Police department.
The following grades and classifications are hereby established within the police
department:
TABLE INSET:
Grade Classification Positions
I Officers 199
I I Sergeants 44
III Lieutenants 12
IV Captains 3
Assistant Chief 1
Total 259
(Ord. No. 90-21, § 1, 3-27-90; Ord. No. 91-34, § 1, 4-2-91; Ord. No. 91-85, § 1, 10-15-
91; Ord. No. 93-27, § 1, 6-15-93; Ord. No. 94-28, § 1, 5-17-94; Ord. No. 94-42, § 1, 9-
13-94; Ord. No. 96-9, § 1, 2-6-96; Ord. No. 96-40, § 1, 8-6-96; Ord. No. 98-33, § 1, 5-12-
98; Ord. No. 98-53, § 1, 8-11-98; Ord. No. 99-2, § 1, 1-19-99; Ord. No. 99-45, § 1, 6-29-
99; Ord. No. 99-98, § 1, 12-21-99; Ord. No. 00-08, § 1, 1-18-00; Ord. No. 00-47, § 1, 6-
20-00; Ord. No. 01-004, § 1, 1-23-01; Ord. No. 01-019, § 1, 3-6-01; Ord. No. 01-070, §
1, 9-18-01; Ord. No. 02-001, § 1, 1-22-02; Ord. No. 02-016, § 1, 3-5-02; Ord. No. 02-
031, § 1, 4-30-02; Ord. No. 02-091, 11-5-02; Ord. No. 03-051, § 1, 7-15-03; Ord. No. 03-
081, § 1, 10-28-03; Ord. No. 04-009, § 1, 2-10-04; Ord. No. 05-012, § 1, 1-25-05; Ord.
No. 06-009, § 1, 2-14-06)
Sec. 21-76. Class specifications adopted, filed with city clerk.
The "class specifications" for grades in the police department and the fire
department as set forth in the official copy of "Class Specifications for Police Department
and Fire Department" on file in the office of the city clerk are hereby adopted. Such class
specifications are descriptive and not restrictive. They are intended to illustrate the
duties of the various grades and are not intended to set forth all of said duties.
(Code 1958, § 12-21)
Sec. 21-77. Members of Beaumont Firemen's Relief and Retirement Fund;
deferred income tax on contributions.
Beaumont firefighters who are members of the Beaumont Firemen's Relief and
Retirement Fund shall be permitted to defer federal income taxes under the terms of
Section 10F(a) and Section 10F(b) of the State Firemen's Relief and Retirement Law, as
amended, subject to a favorable determination by the Internal Revenue Service that the
firefighters' pension plan is a qualified retirement plan.
(Ord. No. 83-171, 12-16-83)
Editor's note: Ord. No. 83-171, adopted Dec. 6, 1983, being nonamendatory of the
Code, has been included herein as § 21-77 at the discretion of the editor.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 21, ARTICLE
I, SUBSECTIONS 21-5(a) AND 21-6(a), 0) and (k), AMENDING
SECTION 21-8 BY REPEALING SAID SECTION AND ADDING A
NEW SECTION 21-8, AMENDING ARTICLE 111, SECTIONS 21-51,
21-51.1, 21-51.2, 21.54 AND 21-61.1, AND ARTICLE IV, SECTION
21-74; AND REPEALING ARTICLE I, SECTIONS 21-2 THROUGH
21-4, 21-9, AND 21-10, ARTICLE 11, SECTIONS 21-11, 21-12 AND
21-15 THROUGH 21-23, AND ARTICLE III, SECTIONS 21-55
THROUGH 21-58, AND 21-62 THROUGH 21-64, OF THE CODE
OF ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 21, Article I, Sections 21-2, 21-3 and 21-4 be and the same
are hereby repealed.
Section 2.
That Chapter 21, Article I, Subsection 21-5(a), be and the same is hereby
amended to read as follows:
Sec. 21-5. Holidays.
(a) The following holidays shall be declared official holidays for city
employees to be observed in accordance with regulations established by
the city manager:
(1) New Year's Day;
(2) Birthday of Martin Luther King, Jr. (3rd Monday in January);
(3) Good Friday;
(4) Memorial Day;
(5) Independence Day;
(6) Labor Day;
(7) Veterans Day;
(8) Thanksgiving Day;
(9) Day after Thanksgiving Day;
(10) Christmas Day;
(11) A special day taken at any time.
Section 3.
That Chapter 21, Article I, Subsections 21-6(a), (j) and (k), be and the
same are hereby amended to read as follows:
Sec. 21-6. Leave.
(a) Regular full-time civilian employees regularly assigned to work forty (40)
hours per week shall earn vacation on a biweekly basis in accordance with
the following schedule:
(1) Vacation leave.
TABLE INSET:
Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year
0--4 3.08 80 2
5--14 4.62 120 3
15--23 6.15 160 4
24+ 7.69 200 5
Each regular full-time civilian employee shall earn vacation leave
only when he/she is paid for eighty (80) hours in the same pay
period.
(2) Personal leave. Each regular full-time civilian employee regularly
assigned to work forty (40) hours per week shall earn a maximum
of forty (40) hours of personal leave per year. Such employee shall
earn personal leave only when the employee is paid for eighty (80)
hours in the same pay period. Two days personal leave will be
available for use to every full-time civilian employee upon his/her
employment with the city.
(3) Short-term disability. Each regular full-time employee regularly
assigned to work forty (40) hours per week shall earn a maximum
of ninety-six (96) hours of short-term disability per year. Such
employee shall earn short-term disability leave only when the
employee is paid for eighty (80) hours in the same pay period.
Q) An employee may utilize short-term disability after being absent for forty
(40) hours for the same nonwork-related illness, injury or disability.
(k) An employee may use his/her earned vacation and personal leave or
leave without pay to satisfy the forty (40) hours condition. Employees with
less than six (6) month's service may only use personal leave or leave
without pay for this purpose.
Section 4.
That Chapter 21, Article I, Section 21-8, be and the same is hereby
repealed and a new Section 21-8 added to read as follows:
Sec. 21-8. Longevity pay.
Each regular full-time employee with five (5) or more years of service will
be paid longevity pay at the rate of four dollars ($4.00) per month for each year of
service up to and including twenty-five (25) years. Such pay shall be computed
only on the basis of continuous, unbroken service.
Section 5.
That Chapter 21, Article I, Sections 21-9 and 21-10, be and the same are
hereby repealed.
Section 6.
That Chapter 21, Article II, Sections 21-11, 21-12, 21-15, 21-16, 21-17,
21-18, 21-19, 21-20, 21-21, 21-22 and 21-23, be and the same are hereby
repealed.
Section 7.
That Chapter 21, Article III, Section 21-51, be and the same is hereby
amended to read as follows:
Sec. 21-51. Effective dates of participation in retirement system.
The effective date of participation in the retirement system generally was
January 1, 1951.
Section 8.
That Chapter 21, Article 111, Section 21-51.1, be and the same is hereby
amended to read as follows:
Sec. 21-51.1. Single composite participation date.
The city hereby elects to adopt a single composite participation date as
determined by the actuary of the Texas Municipal Retirement System in the
manner prescribed by the Texas Municipal Retirement System Act.
Section 9.
That Chapter 21, Article III, Section 21-51.2, be and the same is hereby
amended to read as follows:
Sec. 21-51.2. Reinstatement by reemployed members.
Pursuant to Section 853.003, Texas Government Code, as amended, the
City of Beaumont hereby elects to allow any member of the Texas Municipal
Retirement System who is an employee of this city on the first day of October,
1995, who has terminated a previous membership in said system by withdrawal
of deposits while absent from service, but who has at least twenty-four (24)
months of credited service as an employee of this city since resuming
membership to deposit with the system in a lump sum the amount withdrawn,
plus a withdrawal charge of five (5) per cent of such amount for each year from
date of such withdrawal to date of redeposit, and thereupon such member shall
be allowed credit for all service to which the member had been entitled at date of
termination of earlier membership, with like effect as if all such service had been
rendered as an employee of this city, whether so rendered or not. The city
agrees to underwrite and hereby assumes the obligations arising out of the
granting of all such credits, and agrees that all such obligations and reserves
required to provide such credits shall be charged to this city's account in said
municipality accumulation fund. The five (5) per cent per annum withdrawal
charge paid by the member shall be deposited to the credit of the city's account
in said municipality accumulation fund, and the deposits of the amount previously
withdrawn by the member shall be credited to his or her individual account in the
employees' savings fund of the system.
Section 10.
That Chapter 21, Article 111, Section 21-54, be and the same is hereby
amended to read as follows:
Sec. 21-54. Limitation upon calculation of contributions from employees'
earnings.
The total earnings paid by the city to covered employees shall be
considered in calculating the amount to be withheld and the deposits and
contributions to be made to the Texas Municipal Retirement System by reason of
current service rendered by such employee to this city.
Section 11.
Sec. 21-61.1. Retirement after twenty-five years and after twenty years of
eligible employees.
Effective on the fourteenth day of December, 1976, any employee of the
city who has attained the age of fifty (50) years, and who as an employee of this
city has completed twenty-five (25) or more years of creditable service for which
he is entitled to credit in the Texas Municipal Retirement System, and who has
been a member of the system for one (1) year or more, shall be eligible for
service retirement as provided in subsection 1(b), section VII of Article 6243h,
Vernon's Texas Civil Statutes, as amended. Any such employee who shall have
completed twenty (20) years or more of creditable service as an employee of
said city shall continue as a member of Texas Municipal Retirement System
despite subsequent absence from service for a period in excess of sixty (60)
months, provided he does not withdraw his deposits during such absence, and
shall be eligible for retirement upon and after attainment of the minimum age
prescribed by the act above mentioned.
Section 12.
That Chapter 21, Article III, Sections 21-55, 21-56, 21-57, 21-58, 21-62,
21-63, 21-64, be and the same are hereby repealed.
Section 13.
That Chapter 21, Article IV, Section 21-74, be and the same is hereby
amended to read as follows:
Sec. 21-74. Grades and classifications--Fire department.
The following number of positions in the following classifications are
hereby established within the fire department:
TABLE INSET:
Grade Classification Positions
I Firefighters 100
II Drivers/Operators 72
III Captains 46
IV District Fire Chiefs 12
V Deputy Fire Chiefs 3
VI Assistant Fire Chief 1
Total 234
Section 14.
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 15.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 16.
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
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 1st
day of May, 2007.
- Mayor Guy N. Goodson -
2
May 1, 2007
Consider authorizing the City Manager to execute a revision to the Local Transportation Project
Advanced Funding Agreement with the Texas Department of Transportation(TxDOT)for the
Old Dowlen Road Project
•� _- City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 23, 2007
REQUESTED ACTION; Council approve a resolution authorizing the City Manager to execute
a revision to the Local Transportation Project Advanced Funding
Agreement with the Texas Department of Transportation(TxDOT)
for the Old Dowlen Road Project.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute a
revision to the Local Transportation Project Advanced Funding Agreement with the Texas
Department of Transportation(TxDOT) for the Old Dowlen Road Project.
BACKGROUND
The City of Beaumont has received Congestion Mitigation and Air Quality (CMAQ) funds to
reconstruct Old Dowlen Road from a point 2200 feet west of Dowlen Road to its intersection with
Dowlen Road. The proposed scope of work includes the construction of a two-lane concrete curb
and gutter roadway with a continuous left-turn lane with transit turnouts. The City's participation
in the $1,310,000 project is 20 percent or $298,000 of the total estimated cost.
Additionally,Category 11 funding has been designated to construct Old Dowlen from Dowlen Road
to State Highway (SH) 105. The scope of work for this project will include the construction of a
four-lane concrete curb and gutter roadway and the relocation of the Old Dowlen and SH 105
intersection 500 feet to the west.
When these projects were submitted for funding it was anticipated that the construction time between
the projects would be several years. However,due to the availability of the Category 11 funding the
entire project will be constructed at one time. The roadway will be constructed as a four-lane
concrete curb and gutter street.
The proposed revision to the existing agreement would replace the CMAQ funding and add an
additional $2,690,000 of Category 11 funding. The City's participation in the $6,100,000 project
is approximately 34 percent or $2,100,000 of the total estimated cost.
BUDGETARY IMPACT
This project is funded as a part of the Capital Program
O1dDowlenCategoryl 1LPAFATxDOT.wpd
April 23,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a revision to the Local
Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation (TxDOT)for the Old Dowlen Road Project. The revision is substantially in
the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of May,
2007.
- Mayor Guy N. Goodson -
CSJ#0920-38-178
District#20
Code Chart 64#03200
Project: Old Dowlen Rd.Improvements
STATE OF TEXAS §
COUNTY OF TRAVIS §
ADVANCE FUNDING AGREEMENT
AMENDMENT#1
THIS AMENDMENT IS MADE BY AND BETWEEN the State of Texas, acting through the Texas Department of
Transportation, hereinafter called the State, and the City of Beaumont, Texas, acting by and through its duly authorized
officials, hereinafter called the Local Government.
WITNESSETH
WHEREAS,the State and the Local Government executed a contract on the 23rd day of February, 2006 to effectuate their
agreement for a Congestion Mitigation/Air Quality project that is briefly described as the Old Dowlen Road Improvements;
and,
WHEREAS, it has become necessary to amend that contract;
NOW THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto,
the State and the Local Government do agree as follows:
AGREEMENT
Article 1. Description of Amended Items
In the header, "Congestion Mitigation/Air Quality'should be replaced with "District Discretionary', and;
The body of Article 4 is voided in its entirety and replaced with "The scope of work for this LPAFA is described as the
reconstruction of Old Dowlen Road from State Highway(SH) 105 south to Dowlen Road as shown in Attachment B1. This
roadway will be reconstructed as a four(4) lane facility.", and;
The body of Article 12 (D) is voided in its entirety and replaced with "Prior to the performance of any engineering work by
the State, the Local Government will pay to the State the amount specified in Attachment C1. At a minimum, this amount
shall equal the Local Government's funding share for the estimated cost of preliminary engineering for the project. At least
sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining
financial share for the State's estimated construction oversight and construction costs.", and;
The body of Article 12 (E) is voided in its entirety and replaced with "In the event that the State determines that additional
funding by the Local Government is required at any time during the Project, the State will notify the Local Government in
Nriting. The Local Government shall make payment to the State within thirty (30) days from receipt of the State's written
iotification.", and;
fhe body of Article 12 (F) is voided in its entirety and replaced with "Whenever funds are paid by the Local Government to
he State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas
department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to
)e managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final
'roject accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local
government's contractual obligations to the State under another advance funding agreement.", and;
kttachment B is voided in its entirety and replaced with the attached Attachment B1., and;
attachment C is voided in its entirety and replaced with the attached Attachment C1.
III other provisions of the original contract are unchanged and remain in full force and effect.
FA—AFA_Amend Page 1 of 4 EXHIBIT "A" Revised 11/09/05
Article 2. Signatory Warranty
The signatories to this amendment warrant that each has the authority to enter into this agreement on behalf of the
organization they represent.
IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to
effectuate this agreement.
THE LOCAL GOVERNMENT THE STATE OF TEXAS
/,T l Q l /J Executed for the Executive Director and
C.. 7 i3t°44A approved for the Texas Transportation
Name of Loc Government Commission for the purpose and effect of
/ ( activating and/or carrying out the orders,
By: �. ` v established policies or work programs
Signature heretofore approved and authorized by the
1 /C 114 ,j Texas Transportation Commission.
/� inted Name By:
�.
�2 Name
Tifle
lf-Z0-07 Title
Date Date
AFA-AFA_Amend Page 2 of 4 Revised 11/09/05
ATTACHMENT B1
PROJECT LOCATION MAP
kk
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Begin k
Project
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AFA-AFA_Amend Page 3 of 4 Revised 11/09/05
ATTACHMENT C1
BUDGET ESTIMATE AND SOURCE OF FUNDS
The Local Government will participate in the cost of the reconstruction of Old Dowlen Road from State Highway (SH) 105
south to Dowlen Road as shown in Attachment B1.This roadway will be reconstructed as a four (4) lane facility. Based on
the Funding Category 11, the Local Government's participation is 20% of the preliminary engineering costs for these
improvements. The remaining costs for this item will be funded 80% by federal funds. Federal funds will also cover 806/6 of
the construction costs for the improvements up to a maximum Federal share of $4,000,000.00 for the entire project. All
remaining construction costs will be paid by the Local Government. The State has estimated the project to be as follows:
Total
Description Estimate Cost Federal State Local
Partici ation Participation Participation
CiOSt % Cost % cost
PRELIMINARY ENGINEERING COSTS
Prelimina En ineenn $500,000.00 80% $400,000.00 0% °
$0.00 20% $100,000.00
CONSTRUCTION COSTS
Construction $5,000.000.00 $3,600,000.00 0% $0.00 $1,400,000.00
Direct State Costs(including plan
review,inspection and oversight) $600,000.00 0% $0.00 0% $0.00 100% $600,000.00
(Estimated at 1,22%of construction)
Indirect State Costs(no local
participation required except for $0.00 0% $0.00 0% $0.00 0%
$0.00
service Er o`ects
TOTAL !7$6,100,000.00 $4,000,000.00
$0.00 $2,100,000.00
*-The breakdown for the Construction cost is as follows:
$5,000,000.00—total cost
$31600,000.00—federal participation which will be matched by local funds
$1,400,000.00—local participation based on a local match of the federal funds (80 0/o/20%) in the amount of
$900,000 and a local contribution in the amount of$500,000 to fund the construction cost
overrun at 100%.
Direct State Costs will be based on actual charges.
Local Government's Participation = $2.100.00n.na
It is understood that the proposed improvements will be done by the State and the Local Government will transmit to the
State with the return of this Agreement, executed by the Local Government, a warrant or check in the amount of
$100,000.00 made payable to the "Texas Department of Transportation. Trust Fund" to be used solely for the cost of
improvements as requested by the Local Government. It is further understood that the State will include only those items
for the improvements as requested and required by the Local Government. This is a construction estimate only, final
participation amounts will be based on actual charges to the project.
AFA—AFA—Amend Page 4 of 4 Revised 11/09/05
3
May 1, 2007
Consider authorizing the City Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of Transportation(TxDOT)for the Dowlen Road
Extension Project
US .
City Council Agenda Item
:Z
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 23, 2007
REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute
a Local Transportation Project Advanced Funding Agreement with
the Texas Department of Transportation (TxDOT) for the Dowlen
Road Extension Project.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute a
Local Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation(TxDOT) for the Dowlen Road Extension Project.
BACKGROUND
The City of Beaumont has received funds, under the Congressional High Priority funding category
to construct Dowlen Road from College to Walden Road. The proposed scope of work includes the
construction of a four-lane concrete curb and gutter roadway with medians and left-turn lanes at the
major intersections. The maximum Federal participation in the $11,834,000 project is $2,764,800
or approximately 23 percent. The City's participation is $9,070,00 or approximately 77 percent of
the total estimated cost.
BUDGETARY IMPACT
Funds are available for this project in the Capital Program.
DowlenExtensionLPAFATxDOT.wpd
April 23,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) for the Dowlen Road Extension Project. The agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of May,
2007.
- Mayor Guy N. Goodson -
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Supplemental Transportation Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Beaumont, Texas acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for
the developmentof, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as the construction of a new 4-lane roadway-to be
designated as Dowlen Road that will run from US Highway 90 (College Street) south to Walden
Road as shown in Attachment B. This roadway will have left turn lanes at the major intersections.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
AFA—LPAFA_OffSys Page 1 of 7 EXHIBIT "A" Revised 12/4/06
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
7. Environmental Assessment and Mitigation will be carried out by the State, without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the State, as stated in the Master
Agreement, without exception. The State is responsible for performance of any required
architectural or preliminary engineering work. The Local Government may review and comment
on the work as required to accomplish the public purposes of the Local Government. The State
will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering work by the State, the Local Government will pay
to the State the amount specified in Attachment C. At a minimum, this amount shall equal the
Local Government's funding share for the estimated cost of preliminary engineering for the
project. At least sixty (60) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escro'N account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in.increased costs,
AFA—LPAFA_OffSys Page 2 of 7 Revised 12/4/06
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of.an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation,or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision . requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the.party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
AFA-LPAFA_OffSys Page 3 of 7 Revised 12/4/06
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
THE LOCAL GOVERNMENT
By:
(Signature)
Title:
Date:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AFA-LPAFA_Mys Page 4 of 7 Revised 12/4/06
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA—LPAFA_Off Sys Page 5 of 7 Revised 12/4/06
CSJ#0920-38-189
District#20
Code Chart 64#03200
Project: Dowlen Rd. Extension
ATTACHMENT B
PROJECT LOCATION MAP
S
Project
r f r
e t
k ;
5
fi Project
a`
AFA-LPAFA_offSys Page 6 of 7 Revised 12/4/06
ATTACHMENT C
Project Budget Estimate and Source of Funds
The Local Government will participate in the cost of the construction of a new 4-lane roadway to
be designated as Dowlen Road that will run from US Highway 90 (College Street) south to Walden
Road as shown in'Attachment B. Based on the Congressional High Priority funding category, the
Local Government's participation is 20% of the preliminary engineering costs for these
improvements. The remaining costs for this item will be funded 80% by federal funds. Federal
funds will also cover 80% of the construction costs for the improvements up to a maximum Federal
share of $2,764,800.00 for the entire project. All remaining costs will be paid by the Local
Government. The State has estimated the project to be as follows:
Total
Description Estimate Cost Federal State Local
Participation Participation Participation
% I Cost % Cost % Cost
PRELIMINARY ENGINEERING COSTS
Prelimina En ineenn $970,000.00 80% $776,000.00 0% $0.00 20% $194,000.00
CONSTRUCTION COSTS
Construction $9,700,000.00 $1,988,800.00 0% $0.00 $7,711,200.00
Direct State Costs(including plan
review,inspection and oversight) $1,164,000.00 0% $0.00 0% $0.00 100% $1,164,000.00
Estimated at 12%of construction
Indirect State Costs(no local
participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00
service ro'ects
TOTAL $11,834,000.00 $2,764,800.00 $0.00 $9,069,200.00
* - The breakdown for the Construction cost is as follows:
$9,700,000.00 —total cost
$1,988,800.00 —federal participation which will be matched by local funds
$7,711,200.00 — local participation based on a local match of the federal funds
(80%/20%) in the amount of $497,200 and a local contribution in the
amount of $7,214,000 to fund the construction cost overrun at 100%.
Direct State Costs will be based on actual charges.
Local Government's Participation = 9.069.200.00
It is understood that the proposed improvements will be done by the State and the Local
Government will transmit to the State with the return of this Agreement, executed by the Local
Government, a warrant or check in the amount of $194,000.00 made payable to the "Texas
Department of Transportation Trust Fund" to be used solely for the cost of improvements as
requested by the Local Government. It is further understood that the State will include only those
items for the improvements as requested and required by the Local Government. This is a
construction estimate only, final participation amounts will be based on actual charges to the
project.
AFA-LPAFA-OffSys Page 7 of 7 Revised 12/4/06
4
May 1, 2007
Consider authorizing the City Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of Transportation(TxDOT) for the Washington
Boulevard Project
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 23, 2007
REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute
a Local Transportation Project Advanced Funding Agreement with
the Texas Department of Transportation (TxDOT) for the
Washington Boulevard Project.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute a
Local Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation(TxDOT) for the Washington Boulevard Project.
BACKGROUND
The City of Beaumont has received funds, under the Congressional High Priority funding category,
to reconstruct Washington Boulevard from Langham Road to FM 364(Major Drive). The proposed
scope of work includes the construction of a four-lane concrete curb and gutter roadway with a
continuous left-turn lane. The maximum Federal participation in the $6,710,000 project is
$3,080,000 or approximately 46 percent. The City's participation is $3,630,000 or approximately
54 percent of the total estimated cost.
BUDGETARY IMPACT
Funds for this project are available in the Capital Program.
washin&nBlvdLPAFATxDOT.wpd
April 23,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT)for the Washington Boulevard Project. The agreement is substantially in the form
attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of May,
2007.
- Mayor Guy N. Goodson -
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Supplemental Transportation Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called 1the "State",
and the City of Beaumont, Texas acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as the reconstruction of Washington Boulevard
from Farm to Market Road (FM) 364 (Major Drive) east to Langham Road as shown in
Attachment B. This roadway will be reconstructed as a four (4) lane facility with a continuous left
turn lane.
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
AFA—LPAFA_Off;iys Page 1 of 7 EXHIBIT "A" Revised 12/4/06
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
6. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
7. Environmental Assessment and Mitigation will be carried out by the State, without exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the State, as stated in the Master
Agreement, without exception. The State is responsible for performance of any required
architectural or preliminary engineering work. The Local Government may review and comment
on the work as required to accomplish the public purposes of the Local Government. The State
will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in. Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering work by the State, the Local Government will pay
to the State the amount specified in Attachment C. At a minimum, this amount shall equal the
Local Government's funding share for the estimated cost of preliminary engineering for the
project. At least sixty (60) days prior to the date set for receipt of the construction bids, the
Local Government shall remit its remaining financial share for the State's estimated
construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
%FA—LPAFA_OffSys Page 2 of 7 Revised 12/4/06
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
facility requirements, are more restrictive than State or Federal Regulations, or if any other
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to 'relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft®,Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By: L
Title: �-
(Signature)
C:f.., /�c.►�-Pl
Date: 2-0 -0-7
AFA—LPAFA_OffSys Page 3 of 7 Revised 12/4/06
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AFA—LPAFA—OffSVs Page 4 of 7 Revised 12/4/06
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA—LPAFA_OffSys Page 5 of 7 Revised 12/4/06
CSJ#0920-38-187
District#20
Code Chart 64#03200
Project: Washington Blvd.
ATTACHMENT B
PROJECT LOCATION MAP
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s Project F
Begins
Project
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AFA-LPAFA_OffSys Page 6 Of 7 Revised 12/4/06
ATTACHMENT C
Project Budget Estimate and Source of Funds
The Local Government will participate in the cost of the reconstruction of Washington Boulevard
from Farm to Market Road (FM) 364 (Major Drive) east to Langham Road as shown in Attachment
"B". Based on the Congressional High Priority funding category, the Local Government's
participation is 20% of the preliminary engineering costs for these improvements. The remaining
costs for this item will be funded 80% by federal funds. Federal funds will also cover 80% of the
construction costs for the improvements up to a maximum Federal share of $3,080,000.00 for the
entire project. All remaining costs will be paid by the Local Government. The State has estimated
the project to be as follows:
Total
Description Estimate Cost Federal State Local
Participation Participation Partici ation
Cost % Cost % Cost
PRELIMINARY ENGINEERING COSTS .
Preliminaa En ineenn $550,000.00 80% $440,000.00 0% $0.00 20% $110,000.00
CONSTRUCTION COSTS
Construction $5,500,000.00 $2,640,000.00 0% $0.00 $2,860,000.00
Direct State Costs(including plan
review,inspection and oversight) $660,000.00 0% $0.00 0% $0.00 100% $660,000.00
Estimated at 12%of construction
Indirect State Costs(no local °
participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00
service projects)
TOTAL $6,710,000.00 $3,080,000.00 $0.00 $3,630,000.00
* - The breakdown for the Construction cost is as follows:
$5,500,000.00—total cost
$2,640,000.00 —federal participation which will be matched by local funds
$2,860,000.00— local participation based on a local match of the federal funds
(80%/20%) in the amount of $660,000 and a local contribution in the
amount of $2,200,000 to fund the construction cost overrun at 100%.
Direct State Costs will be based on actual charges.
Local Government's Participation = $3.630.000.00
It is understood that the proposed improvements will be done by the State and the Local
Government will transmit. to the State with the return of this Agreement, executed by the Local
Government, a warrant or check in the amount of $110,000.00 made payable to the "Texas
Department of Transportation Trust Fund" to be used solely for the cost of improvements as
requested by the Local Government. It is further understood that the State will include only those
items for the improvements as requested and required by the Local Government. This is a
construction estimate only, final participation amounts will be based on actual charges to the
project.
AFA—LPAFA—OffSys Page 7 of 7 Revised 12/4/06
5
May 1,2007
Consider authorizing the City Manager to execute a Local Transportation Project Advanced
Funding Agreement with the Texas Department of Transportation(TxDOT)for the Willow Street
Streetscape Project
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 23, 2007
REQUESTED ACTION: Council approve a resolution authorizing the City Manager to execute
a Local Transportation Project Advanced Funding Agreement with
the Texas Department of Transportation (TxDOT) for the Willow
Street Streetscape Project.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to execute a
Local Transportation Project Advanced Funding Agreement with the Texas Department of
Transportation(TxDOT) for the Willow Streetscape Project.
BACKGROUND
The City of Beaumont has received funds, under the Congressional High Priority funding category,
to construct streetscape improvements on Willow Street between North Street and Crockett Street.
The proposed scope of work includes the installation of decorative lighting, brick paver sidewalks,
landscaping and street pavement improvements. The maximum Federal participation in the
$999,500 project is $512,000 or approximately 51 percent. The City's participation is $487,500 or
approximately 49 percent of the total estimated cost.
BUDGETARY IMPACT
Funds for this project are available in the Capital Program.
WillowStreeLwapeLPAFATxDOT.wpd
April 23,2007
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Local Transportation
Project Advanced Funding Agreement with the Texas Department of Transportation
(TxDOT) for the Willow Street Streetscape Project. The agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of May,
2007.
- Mayor Guy N. Goodson -
CSJ#0920-38-188
District#20
Code Chart 64#03200
Project: Willow St. Streetscape
STATE OF TEXAS §
COUNTY OF TRAVIS §
LOCAL TRANSPORTATION PROJECT
ADVANCE FUNDING AGREEMENT
For a Supplemental Transportation Project
(Off State System)
THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of
Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State",
and the City of Beaumont, Texas acting by and through its duly authorized officials, hereinafter called
the "Local Government."
WITNESSETH
WHEREAS, a Master Agreement between the Local Government and the State has been adopted
and states the general terms and conditions for transportation projects developed through this
LPAFA; and,
WHEREAS, the Texas Transportation Commission passed Minute Order 110266 that provides for
the development of, and funding for, the project described herein; and,
WHEREAS, the Governing Body of the Local Government has approved entering into this LPAFA by
resolution or ordinance dated , which is attached hereto and made a part
hereof as Attachment A for development of the specific project which is identified in the location map
shown as Attachment B.
NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements
of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is
agreed as follows:
AGREEMENT
1. The period of this LPAFA is as stated in the Master Agreement, without exception.
2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement,
without exception.
3. Amendments to this LPAFA shall be made as described in the Master Agreement, without
exception.
4. Scope of Work.
The scope of work for this LPAFA is described as streetscape improvements (lighting,
landscaping, street and sidewalk) along Willow Street from North Street south to Crockett Street
as shown in Attachment "B".
5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in
the Master Agreement, without exception.
i. Adjustment of utilities will be provided by the Local Government as required and as stated in the
Master Agreement without exception.
kFA—LPAFA_OffSys Page 1 of 7 EXHIBIT "A" Revised 12/4/06
CSJ#0920-38-188
District#20
Code Chart 64#03200
Project: Willow St. Streetscape
7. Environmental Assessment and Mitigation will be carried out by the Local Government, without
exception.
8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master
Agreement, without exception.
9. Architectural and Engineering Services will be provided by the Local Government, as stated in the
Master Agreement, without exception. The Local Government is responsible for performance of
any required architectural or preliminary engineering work. The State may review and comment
on the work as required to accomplish the public purposes of the Local Government. The State
will cooperate fully with the Local Government in accomplishing these local public purposes to the
degree permitted by State and Federal law.
10. Construction Responsibilities will be carried out by the State, as stated in the Master Agreement,
without exception.
11. Project Maintenance will be undertaken as provided for in the Master Agreement, without
exception.
12. Local Project Sources and Uses of Funds
a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done
prior to federal authorization will not be eligible for reimbursement. It is the Local
Government's responsibility to verify with the State that the Federal Letter of Authority has
been issued for the work covered by this Agreement.
b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the
percentage and absolute dollar amount to be contributed to the project by federal, state, and
local sources.
c. The Local Government is responsible for all non-federal and non-state funding, including all
project cost overruns, unless provided for through amendment of this agreement.
d. Prior to the performance of any engineering review work by the State, the Local Government
will pay to the State the amount specified in Attachment C. At a minimum, this amount shall
equal the Local Government's funding share for the estimated cost of preliminary engineering
review for the project. At least sixty (60) days prior to the date set for receipt of the
construction bids, the Local Government shall remit its remaining financial share for the
State's estimated construction oversight and construction costs.
e. In the event that the State determines that additional funding by the Local Government is
required at any time during the Project, the State will notify the Local Government in writing.
The Local Government shall make payment to the State within thirty (30) days from receipt of
the State's written notification.
f. Whenever funds are paid by the Local Government to the State under this Agreement, the
Local Government shall remit a check or warrant made payable to the "Texas Department of
Transportation Trust Fund." The check or warrant shall be deposited by the State in an
escrow account to be managed by the State. Funds in the escrow account may only be
applied by the State to the Project. If, after final Project accounting, excess funds remain in
the escrow account, those funds may be applied by the State to the Local Government's
contractual obligations to the State under another advance funding agreement.
g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other
directives, including but not limited to outdoor advertising billboards and storm water drainage
facility requirements, are more restrictive than State or Federal Regulations, or if any other
AFA—LPAFA_OffSys Page 2 of 7 Revised 12/4106
CSJ#0920-38-188
District# 20
Code Chart 64#03200
Project: Willow St. Streetscape
locally proposed changes, including but not limited to plats or replats, result in increased costs,
then any increased costs associated with the ordinances or changes will be paid by the local
government. The cost of providing right of way acquired by the State shall mean the total
expenses in acquiring the property interests either through negotiations or eminent domain
proceedings, including but not limited to expenses related to relocation, removal, and
adjustment of eligible utilities.
h. The state auditor may conduct an audit or investigation of any entity receiving funds from the
state directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a subcontract under this
contract acts as acceptance of the authority of the state auditor, under the direction of the
legislative audit committee, to conduct an audit or investigation in connection with those funds.
An entity that is the subject of an audit or investigation must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
13. Document and Information Exchange. The Local Government agrees to electronically deliver to
the State all general notes, specifications, contract provision requirements and related
documentation in a Microsoft® Word or similar document. If requested by the State, the Local
Government will use the State's document template. The Local Government shall also provide a
detailed construction time estimate including types of activities and month in the format required
by the State. This requirement applies whether the Local Government creates the documents
with its own forces or by hiring a consultant or professional provider.
14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the. governing
provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final
execution of this LPAFA, unless such MAFA provision is specifically excepted herein.
15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any
work on State right of way, before beginning work the entity performing the work shall provide the
State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the
existence of coverage in the amounts and types specified on the Certificate of Insurance for all
persons and entities working on State right of way. This coverage shall be maintained until all
work on the State right of way is complete. If coverage is not maintained, all work on State right
of way shall cease immediately, and the State may recover damages and all costs of completing
the work.
16. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter
into this agreement on behalf of the party represented.
IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in
duplicate counterparts.
THE LOCAL GOVERNMENT
By: l� l C.-
(Signature)
Title:
Date: L{'2 o - 0-7
AFA-LPAFA Off Sys Page 3 of 7 Revised 12/4/06
CSJ#0920-38-188
District#20
Code Chart 64#03200
Project: Willow St. Streetscape
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and effect of activating and/or carrying out the orders, established policies or work programs
heretofore approved and authorized by the Texas Transportation Commission.
By:
Janice Mullenix
Director of Contract Services Section
Office of General Counsel
Texas Department of Transportation
Date:
AFA—LPAFA—OffSys Page 4 of 7 Revised 12/4/06
CSJ#0920-38-188
District# 20
Code Chart 64#03200
Project: Willow St. Streetscape
ATTACHMENT A
RESOLUTION OF LOCAL GOVERNMENT
APPROVING THIS LPAFA
AFA—LPAFA_OffSys Page 5 of 7 Revised 12/4/06
CSJ#0920-38-188
District#20
Code Chart 64#03200
Project: Willow St. Streetscape
ATTACHMENT B
PROJECT LOCATION MAP
l>iH tt#
a
z Begin :e
Project
s
� .
i:??�-��,�;•'tea a'� - .�b�
3
3"
N.
AFA—LPAFA-0fiSys Page 6 of 7 Revised 12/4/06
ATTACHMENT C
Project Budget Estimate and Source of Funds.
The Local Government will participate in the cost of streetscape improvements (lighting,
landscaping, street and sidewalk) along Willow Street from North Street south to Crockett Street
as shown in Attachment "B". Based on the Congressional High Priority funding category, the Local
Government's participation is 20% of the preliminary engineering review costs for these
improvements. The remaining costs for this item will be funded 80% by federal funds. .Federal
funds will also cover 80% of the construction costs for the improvements up to a maximum Federal
share of $512,000.00 for the entire project. All remaining construction costs will be paid by the
Local Government. The State has estimated the project to be as follows:
Total
Description Estimate Cost Federal State Local
Part ici ation Participation Participation
Cost % Cost % Cost
PRELIMINARY ENGINEERING COSTS
Preliminary En ineerin Review $5,000.00 80% $4,000.00 1 0% $0.00 20% $1,000.00
CONSTRUCTION COSTS
Construction $850,000.00 $508,000.00 0% $0.00 $342,000.00
Direct State Costs(including plan
review,inspection and oversight) $144,500.00 0% $0.00 0% $0.00 100% $144,500.00
Estimated at 17%of construction
Indirect State Costs(no local
participation required except for $0.00 0% $0.00 0% $0.00 0% $0.00
service ro'ects
TOTAL $999,500.00 $512,000.00 $0.00 $487,500.00
* - The breakdown for the Construction cost is as follows:
$850,000.00 —total cost
$508,000.00 — federal participation which will be matched by local funds
$342,000.00 — local participation based on a local match of the federal funds
(80%/20%) in the amount of $127,000 and a local contribution in the
amount of $215,000 to fund the construction cost overrun at 100%.
Direct State Costs will be based on actual charges.
Local Government's Participation - $487,500.00
It is understood that the proposed improvements will be done by the State and the Local
Government will transmit to the State with the return of. this Agreement, executed by the Local
Government, a warrant or check in the amount of $1,000.00 made payable to the "Texas
Department of Transportation Trust Fund" to be used solely for the cost of improvements as
requested by the Local Government. It is further understood that the State will include only those
items for the improvements as requested and required by the Local Government. This is a
construction estimate only, final participation amounts will be based on actual charges to the
project.
AFA—LPAFA._OffSys Page 7 of 7 Revised 12/4/06
6
May 1,2007
Consider approving a renewal of the fire, extended coverage, flood and quake property insurance
policy
I U7L,1-1,J1J City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 26, 2007
REQUESTED ACTION: Council approval of a renewal of the fire, extended coverage,
flood and quake property insurance policy.
RECOMMENDATION
Administration recommends approval of the renewal of the fire,extended coverage,flood and quake
property insurance policy effective May 1, 2007 with McGriff, Seibels&Williams of Dallas, Texas
in the amount of$737,905.
BACKGROUND
The current carrier for fire,extended coverage, flood and quake property insurance solicited bids on
behalf of the city from insurance carriers. Results of this solicitation are attached.
The City has worked with McGriff, Seibels and Williams insurance adjusters to settle claims related
to the repair or replacement of all buildings and roofs damaged by Hurricane Rita. At this time,
approximately 90% of the damaged structures have been repaired or are in the process of being
repaired with costs primarily covered by the insurance carrier.
Policies written after Hurricanes Rita and Katrina do not provide primary windstorm coverage to
fourteen (14) county coastal areas. For the insured in these Texas counties, windstorm coverage
must be secured through the Texas Windstorm Insurance Association(TWIA). All new roofs and
buildings must be windstorm certified before they can be covered by TWIA. The City's total building
value is$97,500,146. However,not all of the City's facilities are windstorm certified and windstorm
coverage through TWIA is limited to $39,680,847.
The City contracted with Mark Whiteley and Associates,Inc.to inspect and certify each of the City's
structures. They have completed and filed for certification on the majority of the structures not
damaged by the hurricane. As roofs are replaced on damaged structures,a windstorm certificate will
Property Insurance
April 26, 2007
Page 2
be provided. As certificates are received, they will be forwarded to TWIA so that windstorm
coverage can be obtained. All new structures and buildings currently under construction include
windstorm certification.
The proposed policies provided through McGriff,Seibels&Williams of Texas,Inc.include an option
(Option A)that mirrors last year's policy in the amount of$986,810. A second option(Option B)
proposed provides the City with blanket coverage in lieu of scheduled value coverage for all property
excluding wind/hail coverage.Blanket coverage is more advantageous to the City as it does not limit
coverage to a specific building value. This policy also provides excess windstorm coverage in excess
ol'TWIA limits with a reduced per occurrence minimum. The policy provided through Option B as
stated on the attached tabulation contains the most coverage at a lower cost than last year's policy.
The recommended policy's annual premium of$737,905 includes an all risk peril policy with a loss
limit of$115,630,646, Boiler and Machinery coverage, Electronic Data Processing equipment and
Terrorism coverage. As more structures acquire windstorm certification, they will be added to the
windstorm policy at a pro-rated premium. Last year the annual premium was $988,509.25 and the
coverage was less than the proposed coverage for this year's policy. Additionally, Great American
Insurance offers a three year guaranteed rate renewal.
Deductibles
Fire and All Other Perils(Blanket Coverage) $50,000
Windstorm/Hail through TWIA $75,000 per occurrence. Maximum limit per
structure is $2,192,000. Excess insurance
coverage 5% of Total Insured Value of
structure per location subject to $100,000 per
occurrence minimum.
Flood/Flood Zone A $250,000/5% of TIV per location subject to
$1,000,000 per occurrence Flood Hazard
(Areas of 100 Year Flooding)
[Boiler and Machinery 1 $25,000
The new policy will begin May 1, 2007 through May 1, 2008.
BUDGETARY IMPACT
Funds are available in the Public Works Building Utilities budget.
McGriff, Seibels&Williams of Texas, Inc.
5949 Sherry Lane,Suite 1300/Dallas,TX 75225
404 E. Ramsey Rd., Suite 211/San Antonio,TX 78216
City of Beaumont
Property Renewal
Expiring Program Option A 0otion 8 OOodon C
2006 Coverage 2006 Premium 2007 Proposed 2007 Proposed 2007 Proposed 2007 Proposed 2007 Proposed 2007 Proposed
Primmer Wind $ 332,151.00 Primary Wind $ 274,643.00 Primary Wind $ 274,643.00 5%wind"ail No TMA
$75,000 Deductible $75,000 Deductible $75,000 Deductible Deductible on All Lines
5,000,000 XS of TWIA $ 472,275.00 $25,000,000 XS of TWIA $ 594,825.00 Full Blanket Fire Coverage $ 75,604.00 25m xs of 5%w/H $ 811,125.00
$50,000 AOP deductible $50,000 AOP Deductible $50,000 AOP Deductive $50,000 AOP Deductible
Excluding Wind
$5,000,000 X$of$5m $ 98,128.25 Included Above 10 p/o 25 xs of 25m $ 78,750.00
Excess of TWIA Excess Wind over TWIA 10 p/o 25 xs of 25m $ 78,750.00
Primary$5 $ 250,000.00 5 p/o 25 xs of 25m $ 187,500.00
$108,318,365 XS of $ 78,750.00 $81,047,804 XS of$25m $ 110,250.00 xs Wind 5 x/o 5 $ 50,000.00
$10,000,000 XS of TWIA xs Wind 10 x/o 10 $ 80,596.00 20 p/o 3o xs of 50 $ 78,750.00
10 p/o 30 xs of 50 $ 39,375.00
Boiler&Machinery $ 7,205.00 Baler&Machinery $ 7,062.00 Boiler&Machinery $ 7,062.00 Boiler&Machinery $ 7,062.00
Sub-Tptal Premium $ 656,358.25 Sub-Total Premium $ 712,137.00 Sul>Total Premium $ 463,262.00 Total Annual Premium $1,281,312.00
TWIA Premium(Above) $ 332,151.00 TWIA Premium(Above) $ 274,673.00 TWIA Premium(Above) $ 274,643 NOT 1NIA -
Total Annual Premium $ 988,509.25 Total Annual Premium $ 986,810.00 1 ITotal Mnual Premium $ 737,905 Total Annual Premium $1,281,312.00
NOTE: The TWIA Premium will increase as more WPI-8 certificates are available which will reduce
the"out of pocket"expense in the event of a windlhail event
1 of 1
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the renewal of the fire, extended coverage, flood
and quake property insurance policy effective May 1, 2007 in the amount of $737,905
provided through McGriff, Seibels and Williams of Dallas, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of May,
2007.
- Mayor Guy N. Goodson -
7
May 1,2007
Consider authorizing the City of Beaumont Housing Finance Corporation to issue not to exceed
$:5,000,000 in tax-exempt revenue bonds to provide financing for low and moderate income
housing
ORGAIN, BELL & TUCKER, L.L.P.
ATTORNEYS AT LAW
P. O. Box 1751
LANCE FOX BEAUMONT, TEXAS 77704-1751 OTHER OFFICES
P,4RTNER HOUSTON - THE WOODLANDS
EXTENSION 376 470 ORLEANS BUILDING, FOURTH FLOOR 77701 AUSTIN
E-MAIL: 1CfQobt.COm TELEPHONE (409) e38-5412 SILSBEE
FAX 1409) 838-6954
www.obt.com
MEMORANDUM
TO: Beaumont City Council and Directors of the Beaumont Housing Finance Corporation
Kyle Hayes,City Manager
Tyrone Cooper,City Attorney
FROM: Lance Fox
DATE: April 26,2007
RE: Beaumont Housing Finance Corporation Multi-Family Housing Revenue Bonds,
SF Pear Orchard, LLC Project,Series 2007
Request is made that the Board of Directors of the Beaumont Housing Finance Corporation and
the City Council of the City of Beaumont,Texas,approve and pass the attached Bond Resolution and
Ordinance authorizing and approving of the issuance of up to$5,000,000 of multi-family housing
revenue bonds to finance the Pear Orchard project for SF Pear Orchard LLC.
As you know,this project has been ongoing for almost 2 years and within the last several
months a new developer has taken over the project. The new developer and borrower of the bond
proceeds is SF Pear Orchard LLC,a Texas limited liability company that is a wholly owned subsidiary
of Shelter First, Inc,a nonprofit corporation.
You have previously received information about this project from Brad Gerszt,who is a
representative of Shelter First and the developer,and the following is an updated summary of this
information.
Applicant/Developer: SF Pear Orchard LLC, a subsidiary of Shelter First, Inc., a non-profit
core oration. Shelter First, Inc. started in California as a nonprofit to provide affordable housing.
Total Project Cost: $5,300,000,to be funded with$5,000,000 in Bond proceeds and$300,000
equity contribution from the Developer.
Start Date of Construction: June 1,2007 or earlier based on bond closing date.
Estimated Completion Date: December 1, 2007
Limited Obligations. The Bonds are special limited obligations of the Corporation payable
solely from the proceeds and revenues of the Project, and neither the Beaumont Housing Finance
Page 2
Corporation nor the City of Beaumont have any obligation or liability to pay the Bonds.
Estimated Use of Funds: $2,150,000 for acquisition of land,buildings,property rights
$1,500,000 for renovations, repairs and upgrades
$ 600,000 Closing Costs, Underwriting and Financing Expenses
$ 350,000 interest charges during construction
$ 450,000 reserve fund
250,000 miscellaneous and contingency
$5,300,000 TOTAL
Participants: Developer/Borrower: SF Pear Orchard,LLC,a subsidiary of Shelter First, Inc.
President: Charlene Gowers
5625 Corryne Place,Culver City, CA 90230
Underwriter: Bergen Capital
777 Terrace Avenue,3`d Floor,Hasbrouck Heights,NJ 07604
Bond Trustee: Bank of Oklahoma
One Williams Center,Tulsa,OK 74192
Bond Counsel: R Chix Miller, Sell&Melton LLP
577 Mulberry St., 14'h Floor,Macon,GA 31201
City/Housing Finance Corporation Counsel: Lance Fox,Orgain, Bell&Tucker
470 Orleans, Beaumont,TX 77701
Bond Trustee Counsel: James C.Orbison
Riggs,Abney,Neal,Turpen,Orbison&Lewis
502 West Sixth St.,Tulsa,OK 74103
The information in this Memorandum is just a brief summary ofthe transaction.If anyone has any
questions or wants any more detailed information or copies of any of the documents submitted with the
Application,please contact me and I will be happy to provide this information to you.
Yours truly,
Or ai , ell&Tuck LP
Lance Fox
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY OF BEAUMONT HOUSING
FINANCE CORPORATION TO ISSUE NOT TO EXCEED $5, 000, 000
IN TAX-EXEMPT REVENUE BONDS TO PROVIDE
FINANCING FOR LOW AND MODERATE INCOME HOUSING
WHEREAS, the Beaumont Housing Finance Corporation (the
"Corporation") was heretofore created pursuant to action of the
City Council of the City of Beaumont (the "Council") and is
existing and operating under Chapter 394, Texas Local Government
Code, as amended (the "Act") ; and
WHEREAS, the Corporation has received a request for approval
of the issuance of tax-exempt revenue bonds not to exceed
$5, 000, 000 (the "Bonds") for use by SF Pear Orchard LLC, or the
assigns of such entity for the Pear Orchard Apartment Project; and
WHEREAS, the Bylaws of the Corporation provides limitations
on the powers of the Corporation unless the Council otherwise
authorizes; and
WHEREAS, the Corporation has requested that the Council
authorize the Corporation to finance the project described in
Exhibit "A" attached hereto and incorporated by reference herein
(the "Project" ) within the corporate limits of the City of
Beaumont;
NOW THEREFORE:
BE IT ORDAINED BY THE CITY OF BEAUMONT:
SECTION 1 . The Council specifically authorizes the
Corporation to issue its bonds under the Act in the maximum
principal amount of $5, 000, 000 (the "Bonds") to finance the
-1-
Project and hereby authorizes the Mayor to execute and deliver the
approval in the form attached hereto as Exhibit "B" . The Bonds
shall be limited obligations of the Corporation payable solely
from the revenues, funds and assets pledged to the payment thereof
and not from any other revenues or assets of the Corporation. The
Bonds are not a general obligation, debt or bonded indebtedness of
the City or the Corporation, and the holders of the Bonds do not
have the right to have excises or taxes levied by the Corporation
or the City for the payment of the Bonds.
PASSED AND APPROVED this 1st day of May, 2007 .
Mayor
ATTEST:
City Clerk
(Seal)
-2-
EXHIBIT "A"
General Description:
Multi-family residential housing development consisting of
approximately 150 dwelling units known as Pear Orchard
Apartments .
Address of Site: 4365 South 4th Street, Beaumont, Texas
Proposed Owner, Borrower and Operator:
SF Pear Orchard LLC, a Texas limited liability company.
EXHIBIT "B"
APPROVAL OF ISSUANCE OF
CITY OF BEAUMONT HOUSING FINANCE CORPORATION
MULTI-FAMILY HOUSING REVENUE BONDS
(SF PEAR ORCHARD LLC PROJECT) ,
SERIES 2007
WHEREAS, the Beaumont Housing Finance Corporation (the
"Issuer") has been organized as a public nonprofit corporation
pursuant to the Texas Housing Finance Corporations Act, Chapter
394, Texas Local Government Code, as amended (the "Act") , with the
approval and on behalf of the City of Beaumont, Texas (the
"Unit") , and is empowered under the Act to issue its revenue bonds
to finance residential developments as described in the Act;
WHEREAS, to provide a residential development known as Pear
Orchard Apartment Project within the Unit and, pursuant to an
agreement with SF Pear Orchard LLC (the "Developer" ) , the Issuer
has agreed to issue not more than FIVE MILLION AND N01100 DOLLARS
($5, 000, 000) principal amount of its Multi-Family Housing Revenue
Bonds (SF Pear Orchard LLC Project) Series 2007 (the "Bonds" ) , at
the request of the Developer, and to use the proceeds of sale of
the Bonds for a loan to the Developer in the amount, upon the
terms, and for the purpose described in such agreement;
WHEREAS, pursuant to Section 147 (f) of the Internal Revenue
Code of 1986, as amended (the "Code") , on April 24, 2007, a public
hearing was held following reasonable public notice with respect
to the Bonds and the project being financed with the Bonds; and
WHEREAS, in order to satisfy the requirements of Section
147 (f) of the Code, it is necessary for the Mayor of the Unit to
approve the Bonds after the public hearing has been held;
THEREFORE, BE IT ORDERED BY THE MAYOR OF THE CITY OF
BEAUMONT, TEXAS, THAT:
Section 1. It is hereby officially found and determined that
it is to the best interest of the Unit and its inhabitants to
approve the issuance of the Bonds .
Section 2 . The Mayor of the Unit hereby approves the Bonds
the proceeds of which will be used to provide a residential
development for the Developer known as Pear Orchard Apartments in
the aggregate face amount up to $5, 000, 000; the owner and operator
of the facility to be financed from the proceeds of Bonds is and
will be the Developer; and the location of the facility to be
financed from the proceeds of which is 4365 South 4th Street,
Beaumont, Texas .
Section 3 . The approval herein is given to accord with the
-3-
provisions of Section 147 (f) of the Code and for no other purpose
and is not to be construed as an undertaking by the Unit. The
Bonds shall never constitute an indebtedness or obligation of the
Unit or any other county, city, or other municipal or political
corporation or subdivision of the State of Texas within the
meaning of any constitutional or statutory provision, and the
holders of the Bonds shall never be paid in whole or in part out
of any funds raised or to be raised by taxation or any other
revenues of the Unit or any other such entity.
APPROVED THIS May 1, 2007 .
Mayor, City of Beaumont, Texas
-4-
S
May 1,2007
PUBLIC HEARING: Receive public comments related to a grant application and a contract with
the Federal Transit Administration(FTA)to receive Operating Assistance funds for the Beaumont
Municipal Transit System
Consider approving a resolution authorizing the City Manager to submit a grant application and
execute a contract with the Federal Transit Administration(FTA)to receive Operating Assistance
funds for the Beaumont Municipal Transit System
jCity Council Agenda Item
M Im
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 24, 2007
REQUESTED ACTION: Council conduct a Public Hearing and approve a resolution
authorizing the City Manager to submit a grant application and
execute a contract with the Federal Transit Administration(FTA)to
receive Operating Assistance funds for the Beaumont Municipal
Transit System.
RECOMMENDATION
Administration recommends City Council conduct a Public Hearing and approve a resolution
authorizing the City Manager to submit a grant application and execute a contract with the FTA to
receive Operating Assistance funds for the Beaumont Municipal Transit System.
BACKGROUND
Beaumont Municipal Transit has prepared a grant application for FY 2007 FTA funds. The grant
will help fund the labor, fringe benefits, parts and supplies, purchased services, utilities, insurance,
taxes and licenses, and all other miscellaneous expenses needed for the operation and maintenance
of the Beaumont Municipal Transit (BMT) System in FY 2007, the period from October 1, 2006
through September 30, 2007.
BUDGETARY IMPACT
The grant will pay up to 50% of the net operating deficit.
FTA Grant Share $1,568,683
City Share 1,538,017
State Share 403,777
Charter 24,000
Farebox Revenue 580,000
Total $4,114,477
PUBLIC NOTICE
The City of Beaumont/Beaumont Municipal Transit(BMT) is considering applying for
funding from the Federal Transit Administration (FTA) for the following listed projects in
fiscal year 2007.
Project Description Local Federal State Total
Operating Assistance $1,538,017 $1,568,683 $403,777 $3,510,477
TOTAL PROGRAMMED $1,538,017 $1,568,683 $403,777 $3,510,477
Operating Assistance FY 2007(October 1.2006 to September 30.200-This project is for
funding$1,568,683(up to 50%) of the total net estimated operating expenses of$3,510,477
for the Beaumont Municipal Transit System in FY 2007.The estimated total operating cost
for BMT in FY 2007 is $4,114,477.This includes the local,federal, and state portions listed
above, as well as projected farebox revenues of$580,000 and charter revenues of$24,000.
A public hearing on the proposed funding application will be held by the City of Beaumont
on Tuesday,May 1,2007, at 1:30 pm in City Council Chambers,Beaumont City Hall, 801
Main Street,Beaumont, Texas, 777704.
The public hearing will offer an opportunity for interested persons,agencies, and private
sector transportation providers to comment on the proposal. The hearing will also afford
the opportunity for interested persons to be heard with respect to the social, economic,and
environmental aspects of the proposal.
Prior to the hearing,additional information may be requested and/or written comments
submitted to:
William J. Munson
General Manager
Beaumont Municipal Transit
550 Milam Street
Beaumont,Texas 77701
(409)835-7895
In addition, any interested persons wishing to review the proposed Program of Projects,
may do so at the above address, 8:00 am until 4:30 pm,Monday thru Friday.
The above proposal will become final and will be submitted to FTA unless amended by the
City Council.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to submit a grant application
to the Federal Transit Administration (FTA) to receive Operating Assistance funds for the
Beaumont Municipal Transit System.
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute the contract and necessary documents with the Federal Transit Administration
(FTA) to receive the funds.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of May,
2007.
- Mayor Guy N. Goodson -
l
Qik.� c
Citl of Beaumont
MEETING OF THE BEAUMONT HOUSING FINANCE CORPORATION
COUNCIL CHAMBERS MAY 1, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Roll Call
* Approval of Minutes
GENERAL BUSINESS
1. Consider approving a Bond Resolution authorizing the issuance of up to
$5,000,000 of Multifamily Housing Revenue Bonds(SF Pear Orchard LLC
Project) Series 2007, the proceeds of which will be loaned to SF Pear Orchard
LLC to finance the acquisition, development and rehabilitation of the apartment
complex located at 4365 South 4'h Street, Beaumont, Texas commonly known as
Pear Orchard Apartments
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.
BOND RESOLUTION NO.
WHEREAS, the Beaumont Housing Finance Corporation (the "Issuer") is a
nonprofit public corporation organized and existing under the laws of the State of Texas;
and
WHEREAS, Tex. Local Gov't Code Ann. § 394.031 et seq. (the "Act") enables
the Issuer to issue its revenue obligations for the purpose of financing any undertaking
within the scope of its power in furtherance of the public purpose for which it was
created; and
WHEREAS, the Issuer has heretofore adopted a resolution, dated April 3, 2007
(the "Inducement Resolution"), approving in principle the financing of a proposed project
in the City of Beaumont, Texas, and authorizing the execution of this Bond Resolution
and the issuance of its tax-exempt and/or taxable obligations in the amount of not to
exceed $5,000,000, for financing the acquisition, development and rehabilitation of the
apartment complex located at 4365 South 4th Street, Beaumont, Texas (hereinafter the
"Project"), and the Borrower (hereinafter defined) has represented to the Issuer that its
assistance in financing the project is a vital factor in the decision to proceed with the
project in the City of Beaumont, Texas on behalf of SF Pear Orchard LLC, a Texas
limited liability company, and/or its assigns (the "Borrower"); and
WHEREAS, in accordance with the applicable provisions of the Act, the Issuer,
in furtherance of the public purpose for which it was created, proposes to enter into a
Loan Agreement (the "Agreement"), dated as of May 1, 2007, or such other date as shall
be approved by the Issuer, with the Borrower under terms of which the Issuer agrees to
finance, in whole or in part, the cost of acquiring, constructing and installing the Project,
all as is more fully set forth in the Agreement for the exclusive use and occupancy of the
Borrower, and the Borrower agrees to pay to the Issuer specified payments which will be
fully sufficient to pay the principal of and interest on the Bonds hereinafter authorized as
the same become due and to pay certain administrative expenses in connection with said
Bonds; and
WHEREAS, after study and investigation by the Issuer, it appears to be in the best
interests of the citizens of the City of Beaumont that the Agreement be entered into, and
the Issuer has found and does hereby declare that the Project constitutes a lawful and
valid public purpose in that it will further the public purpose intended to be served by the
Act; and
WHEREAS, a feasible method of financing the Project is by the issuance and sale
of the Beaumont Housing Finance Corporation Multifamily Housing Mortgage Revenue
Bonds (SF Pear Orchard, LLC Project), Series 2007 (hereinafter the "Bonds") to be
issued in an aggregate amount not to exceed $5,000,000; and
Page 1
i
WHEREAS, under the terms of the Agreement, the Issuer will receive payments
from the Borrower, which said payments shall be assigned and pledged, together with the
Agreement itself, and other "Revenues" (defined in the Agreement) as security for the
payment of the principal of, prepayment premium (if any) and interest on, the Bonds; and
WHEREAS, as security for the payment of the Bonds, the Borrower will convey
title to and grant a security interest in the Project to the Issuer by a Mortgage, Assignment
of Rents and Security Agreement (the "Security Agreement"), dated as of May 1, 2007,
or such other date as shall be approved by the Issuer, and
WHEREAS, the Issuer and Bank of Oklahoma, N.A., Tulsa, Oklahoma, or such
other trustee as shall be approved by the Issuer (the "Trustee") will enter into a Trust
Indenture, dated as of May 1, 2007, or such other date as shall be approved by the Issuer
(hereinafter the "Trust Indenture"), containing the form of the Bonds and setting forth in
detail the terms under which the Bonds are to be issued;
NOW, THEREFORE, BE IT RESOLVED, as follows:
Section 1. Authority for Bond Resolution. This Bond Resolution is adopted
pursuant to the provisions of the Act.
Section 2. Findings. It is hereby ascertained, determined and declared that:
(a) the financing of the Project is a lawful and valid public purpose in that
it will further the public purpose intended to be served by the Act;
(b) the payments to be received by the Issuer under the Agreement will be
fully sufficient to pay the principal of and interest on, the Bonds as the same
become due and to pay certain administrative expenses in connection with the
Bonds; and
(c) the Bonds will constitute only a limited obligation of the Issuer and
will be payable solely from the Revenues to be assigned and pledged to the
payment thereof and will not constitute a debt or a general obligation or a pledge
of the faith and credit of the Issuer, State of Texas or any political subdivision
thereof, including Jefferson County or the City of Beaumont, Texas, and will not
directly, indirectly, or contingently obligate the Issuer, said State or any political
subdivision thereof, including said County or City, to levy or to pledge any form
of taxation whatever for the payment thereof.
Section 3. Authorization of the Financing of the Project. The financing of the
Project as contemplated in the Agreement is hereby authorized.
Section 4. Authorization of Bonds. For the purpose of financing the cost, in
whole or in part, of the Project, the issuance of revenue bonds of the Issuer known as
"Beaumont Housing Finance Corporation Multifamily Housing Revenue Bonds (SF Pear
Page 2
Orchard, LLC Project), Series 2007" is hereby authorized. The Bonds shall be dated,
mature, bear interest, be subject to prepayment prior to maturity and be payable as set
forth in the Agreement. The Bonds shall be issued as fully registered taxable and/or tax
exempt Bonds in the denominations and face amounts (the aggregate of which shall not
exceed $5,000,000 at a weighted average interest rate not to exceed 9.50% per annum),
set forth in the Agreement and with such rights of transfer and executed in the manner
provided in the Agreement.
Section 5. Authorization of Agreement. The execution, delivery and
performance of the Agreement between the Issuer and the Borrower are hereby
authorized. The Agreement shall be in substantially the form submitted to this meeting,
subject to such minor changes, insertions or omissions as may be approved by the
President of the Issuer, and the execution of the Agreement by the President and
Secretary of the Issuer as hereby authorized shall be conclusive evidence of any such
approval.
Section 6. Approval of Security Agreement. The form of the Security Agreement
from the Borrower to the Issuer is hereby approved. The Security Agreement shall be in
substantially the form submitted to this meeting, subject to such minor changes,
insertions or omissions as may be approved by the President of the Issuer, and the
acceptance of the Security Agreement by the Issuer shall be conclusive evidence of any
such approval.
Section 7. Authorization of Trust Indenture. In order to secure the payment of
the principal of and interest on, the Bonds herein authorized, the execution, delivery and
performance of the Trust Indenture by and between the Issuer and the Trustee are hereby
authorized. The Trust Indenture shall be in substantially the form submitted to this
meeting, subject to such minor changes, insertions or omissions as may be approved by
the President of the Issuer and the execution of the Assignment by the President and
Secretary of the Issuer as hereby authorized shall be conclusive evidence of any such
approval.
Section 8. Authorization of Sale of Bonds. The sale of the Bonds to Bergen
Capital, Inc., or such other underwriter as shall be approved by the Issuer (the
"Underwriter"), as provided in the Agreement, is hereby approved.
Section 9. Ratification and Confirmation of Inducement Agreement. The
execution and subsequent delivery on behalf of the Issuer of the Inducement Agreement
with respect to the Issuer's agreement in principle to finance the Project are hereby
ratified and confirmed.
Section 10. Non-Arbitrage Certification. Any officer of the Issuer is hereby
authorized to execute a non-arbitrage certification in order to comply with Section 148 of
the Internal Revenue Code of 1986, as amended, and the applicable Income Tax
Regulations thereunder.
Page 3
Section 11. No Personal Liability. No stipulation, obligation or agreement herein
contained or contained in the Agreement or the Trust Indenture shall be deemed to be a
stipulation, obligation or agreement of any officer, director, agent or employee of the
Issuer in his individual capacity, and no such officer, director, agent or employee shall be
personally liable on the Bonds or be subject to personal liability or accountability by
reason of the issuance thereof.
Section 12. Indemnification. Issuance of the Bonds is conditioned upon the
inclusion of Section 410 entitled "Indemnification of Issuer and Trustee" in the terms of
the Trust Indenture.
Section 13. General Authority. From and after the execution and delivery of the
documents hereinabove authorized, the proper officers, directors, agents and employees
of the Issuer are hereby authorized, empowered and directed to do all such acts and things
and to execute all such documents as may be necessary to carry out and comply with the
provisions of said documents as executed and are further authorized to take any and all
further actions and execute and deliver any and all other documents and certificates as
may be necessary or desirable in connection with the issuance of the Bonds and the
execution and delivery of the Agreement and the Trust Indenture and to document
compliance with the provisions of Section 103 of the Internal Revenue Code of 1986, as
amended, it being the intent herein to clothe said officials with broad and plenary powers
in the premises.
The President and Secretary of the Issuer are hereby authorized and directed to
prepare and furnish to the purchaser or purchasers, when the Bonds are issued, certified
copies of all the proceedings and records of the Issuer relating to the Bonds, and such
other affidavits and certificates as may be required to show the facts relating to the
legality and marketability of the Bonds as such facts appear from the books and records
in the officers' custody and control or as otherwise known to them; and all such certified
copies, certificates and affidavits, including any heretofore furnished, shall constitute
representations of the Issuer as to the truth of all statements contained therein.
Section 14. Actions Approved and Confirmed. All acts and doings of the officers
of the Issuer which are in conformity with the purposes and intents of this Bond
Resolution and in the furtherance of the issuance of the Bonds and the execution, delivery
and performance of the Agreement and the Trust Indenture shall be, and the same hereby
are, in all respects approved and confirmed.
Section 15. Severability of Invalid Provisions. If any one or more of the
agreements or provisions herein contained shall be held invalid, then such covenants,
agreements or provisions shall be null and void and shall be deemed separable from the
remaining agreements and provisions and shall in no way affect the validity of any of the
other agreements and provisions hereof or of the Bonds authorized hereunder.
Page 4
Section 16. Repealing Clause. All resolutions or parts thereof of the Issuer in
conflict with the provisions herein contained are, to the extent of such conflict, hereby
superseded and repealed.
Section 17. Effective Date. This Bond Resolution shall take effect immediately
upon its adoption.
ADOPTED on the day of May, 2007.
BEAUMONT HOUSING FINANCE
CORPORATION
By:
President
(SEAL)
Page 5
SECRETARY'S CERTIFICATE
I, Secretary of the Beaumont Housing
Finance Corporation , DO HEREBY CERTIFY that the foregoing pages of typewritten
matter constitute a true and correct copy of the Bond Resolution adopted on the 1 st day of
May, 2007, by the members of the Issuer in a meeting duly called and assembled, which
was opened to the public and at which a quorum was present and acting throughout, and
that the original of said Bond Resolution appears of record in the Minute Book of the
Issuer which is in my custody and control.
GIVEN under the hand and seal of the Beaumont Housing Finance Corporation
this_day of May, 2007.
Secretary, Beaumont Housing Finance
Corporation
Page 6
MINUTES
BEAUMONT HOUSING FINANCE CORPORATION
Lulu L. Smith,Ward I GUY N. GOODSON, President Nancy Beaulieu,Ward If
Andrew P. Cokinos,At-Large Becky Ames,At-Large
Audwin Samuel,Vice President,Ward III Bobbie J. Patterson,Ward IV
The Beaumont Housing Finance Corporation of the City of Beaumont, Texas, met in a regular
session on February 13, 2007, at the City Hall Council Chambers, 801 Main Street, Beaumont,
Texas, at 2:17 p.m. to consider the following:
CALL TO ORDER
Roll Call
Vice President Beaulieu called the meeting to order at 2:17 p.m.
Present at the meeting were Vice President Beaulieu, Directors Smith, Ames, Samuel and
Patterson. Absent: President Goodson, Director Cokinos. Also present were Kyle Hayes, City
Manager; Tyrone Cooper, City Attorney; Tina Broussard, Interim City Clerk.
GENERAL BUSINESS
1. Consider approving a request for financial assistance by Maple Glen Partners, LLC
to finance the acquisition,development and rehabilitation of an apartment complex
located at 4365 South 4" Street in Beaumont, Texas
Lance Fox,with the Law firm of Orgain, Bell and Tucker,special council to the Beaumont Housing
Finance Corporation addressed Council. Lance Fox provided information regarding where the
project stands, this project has been in the works for a bout a 11/2 years. Maple Glen came to
the BHFC and asked them to pass an inducement resolution indicating an intent to finance this
project where it would acquire the old Pear Orchid apartment complex, and issue bonds and use
those proceeds to finance some repairs and upgrades to the complex. This is an ongoing process
which has been delayed for numerous reasons one was hurricane Rita, tax credit problems and
code violations as well. Maple Glen Partners, LLC is proposing to turn over this project to a
nonprofit project organization know as Shelter First, subject to approval from Councik If this
project is approved this not an obligation to the city.
The meeting adjourned at 2:35 p.m.
Minutes-February 13,2007
i
Guy N. Goodson, President
Lulu L. Smith, Secretary
Tina Broussard, Interim City Clerk
Page 2 of 2 Minutes-February 13,2007
MINUTES
BEAUMONT HOUSING FINANCE CORPORATION
Lulu L. Smith,Ward I GUY N. GOODSON, President Nancy Beaulieu,Ward 11
Andrew P.Cokinos,At-Large Becky Ames,At-Large
Audwin Samuel,Vice President,Ward 111 Bobbie J. Patterson,Ward IV
The Beaumont Housing Finance Corporation of the City of Beaumont, Texas, met in a regular
session on April 3,2007, at the City Hall Council Chambers, 801 Main Street, Beaumont,Texas,
at 1:30 p.m. to consider the following:
CALL TO ORDER
Roll Call
President Goodson called the meeting to order at 2:49 p.m.
Present at the meeting were President Goodson,Vice President Beaulieu,Directors Smith,Ames,
Samuel and Patterson. Absent: Director Cokinos. Also present were Kyle Hayes, City Manager;
Tyrone Cooper, City Attorney; Tina Broussard, Interim City Clerk.
GENERAL BUSINESS
1. Consider approving a request for financial assistance by SF Pear Orchard LLC to
finance the acquisition, development and rehabilitation of an apartment complex
located at 4365 South 4th Street in Beaumont, Texas - Resolution 07-099
Vice President Beaulieu made a motion TO APPROVE THE REQUEST FOR FINANCIAL
ASSISTANCE BY SF PEAR ORCHARD LLC TO FINANCE THE ACQUISITION,DEVELOPMENTAND
REHABILITATION OF AN APARTMENT COMPLEX LOCATED AT 4365 SOUTH 4T" STREET IN
BEAUMONT,TEXAS. Director Patterson seconded the motion.
AYES: PRESIDENT GOODSON, VICE-PRESIDENT BEAULIEU, DIRECTORS
SMITH,AMES, SAMUEL AND PATTERSON
NAYS: NONE
MOTION PASSED
The meeting adjourned at 2:55 p.m.
Minutes-March 3,2007
.,.,., City Council Agenda Item
A Mralwilejamm MT. IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: May 1, 2007
AGENDA MEMO DATE: April 25, 2007
REQUESTED ACTION: Council consider amendments to Chapter 21 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 21 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter
21, related to personnel, were provided to the City Council for review.
Following the plan, Chapter 21 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARY IMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Chapter 21 PERSONNEL*
Art. 1. In General,§§21-1--21-10
Art. 11. Position Classification-Compensation Plan,§§21-11--21-49
Art. Ill. Retirement Benefits,§§21-50--21-69
Art. IV. Firemen and Policemen,§§21-70--21-76
ARTICLE I. IN GENERAL
Sec. 21-1. Application of Articles I and II.
Unless expressly so stated otherwise, Articles I and II of this chapter shall apply
to all employees in the service of the city except firemen and policemen.
(Ord. No. 88-56, § 1, 5-24-88)
Seer.. - OveFtime pay, GempeRGatGFy time, and Gall baGk pay.
Saim 21-4 Co-Ilege tuition and expenses for attendance at ,
Sec. 21-5. Holidays.
(a) The following holidays shall be declared official holidays for city employees to be
observed in accordance with regulations established by the city manager:
(1) New Year's Day;
(2) Birthday of Martin Luther King, Jr.-'s 13'Fthday (3rd Monday in January);
(3) Good Friday;
(4) Memorial Day;
(5) Independence Day;
(6) Labor Day;
(7) Veteran's Day;
(8) Thanksgiving Day;
(9) Day after Thanksgiving Day;
(10) Christmas Day;
(11) A special day taken at any time.
(b) Each emergency medical services employee shall earn one half ( 1/2) shift time
for each holiday.
(Ord. No. 88-56, § 1, 5-24-88; Ord. No. 00-92, § 1, 10-24-00; Ord. No. 01-091, § 1, 10-
30-01)
Sec. 21-6. Leave.
(a) Regular full-time civilian employees regularly assigned to work forty (40) hours
per week shall earn vacation on a biweekly basis in accordance with the
following schedule:
(1) Vacation leave.
TABLE INSET:
Full Years of Service Hours Per Pay Period Hours Per Year Weeks Per Year
0--4 3.08 80 2
5--14 4.62 120 3
15--23 6.15 160 4
24+ 7.69 200 5
Each regular full-time civilian employee shall earn vacation leave only
when he/she is paid for eighty (80) hours in the same pay period.
(2) Personal leave. Each regular full-time civilian employee regularly
assigned to work forty (40) hours per week shall earn a maximum of forty
(40) hours of personal leave per year. Such employee shall earn personal
leave only when the employee is paid for eighty (80) hours in the same
pay period. Two days personal leave will be available for use to every full-
time civilian employee upon his/her employment with the city.
(3) Short-term disability. Each regular full-time employee regularly assigned
to work forty (40) hours per week shall earn a maximum of ninety-six (96)
hours of short-term disability per year. Such employee shall earn short-