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HomeMy WebLinkAboutPACKET SEP 18 2007 tuD City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 18,2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to execute all documents necessary to accept funding for an Immunization Grant awarded to the Beaumont Public Health Department B) Authorize the City Manager to execute all documents necessary to accept funding from the Department of State Health Services(DSHS)for the Regional and Local Staff Services (RLSS)-Local Public Health System Grant C) Authorize the City Manager to execute all documents necessary to accept grant funding for the Tobacco Prevention Program provided by the Beaumont Public Health Department D) Authorize the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for"extra work" E) Authorize the City Manager to execute all documents necessary to accept the project titled"FY 08 Safety Traffic Enforcement Program(S.T.E.P.)Waves" F) Approve a resolution accepting maintenance of Lakeway Drive in the Willow Creek Industrial Park Section II G) Approve a request to deed surplus property to Habitat for Humanity for the development of affordable housing A City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 11, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept funding for the Immunization Grant awarded to the Beaumont Public Health Department. RECOMMENDATION Administration recommends Council approval. BACKGROUND The Texas Department of State Health Services(D.S.H.S.)has awarded the Beaumont Public Health Department an Immunization Grant in the amount of$172,904.00. The grant funding will be utilized for staffing one LVN, one RN, one clerk and two community immunization technicians. This Contract begins 09/01/2007 and ends on 08/31/2008. BUDGETARY IMPACT City would receive grant funding in the amount of$172,904.00. No matching funds are required. t TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1 100 W.49`h Street•Austin,Texas 78756 DAVID L.LAKEY,M.D. 1-888-963-7111 •http://www.dshs.state.tx.us COMMISSIONER TDD:512-458-7708 August 9, 2007 Dear Contractor: Enclosed are two copies of your Department of State Health Services (DSHS) contract. Please sign and return both copies to this unit as soon as possible. Your contract will be signed by DSHS and returned to your agency. Changes made to any portion of the contract documents are considered a counter-offer and are not valid without DSHS written concurrence. DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the contract term. Additional information regarding this policy is available on the DSHS website at http://www.dshs.state.tx.us. PLEASE NOTE: Return both copies of the contract in their entire to the address p below. Contracts returned to any other address may result in contract delays. Client Services Contracting Unit-MC 1886 Department of State Health Services Attention: Vonda White 1100 W. 49`x' Street PO Box 149347 Austin TX 78714-9347 Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, please contact Vonda White at 512-458-7111 ext. 2907 or via email at Voiida.White@dslis.statet.tx.us. Sincerely, Bob Burnette, Director Client Services Contracting Unit Enclosures An Equal Employment Opportunity Employer and Provider grl.itr DEPARTMENT OF STATE HEALTH SERVICES P This contract, number 2008-023541 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and BEAUMONT PUBLIC HEALTH DEPARTMENT (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $172,904.00,and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 08/31/2008. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract (this document) b. Program Attachments. 2008-023541-001 IMMUNIZATION BRANCH - LOCALS c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF BEAUMONT Address: P.O. BOX 3827 BEAUMONT, TX 77704 Vendor Identification Number: 17460002789023 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. 92648-1 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 all documents necessary to accept funding from the Department of State Health Services (D.S.H.S) for an Immunization Grant in the amount of $172,904 effective September 1, 2007 through August 31, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - B "A"' City Council Agenda Item . � � ` c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 12, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept funding from the Department of State Health Services (DSHS)for the Regional and Local Staff Services(RLSS)-Local Public Health System Grant. RECOMMENDATION Administration recommends Council approval. BACKGROUND The Texas Department of State Health Services(DSHS)has awarded the Beaumont Public Health Department a Regional and Local Staff Services (RLSS)-Local Public Health System grant in the amount of$107,574.00. This Contract begins 09/01/2007 and ends on 08/31/2008. The money is used to fund staffing, (one full-time health educator)and materials for the health promotion section. Health promotion provides preventive health education services to the community. BUDGETARY IMPACT City would receive grant funding in the amount of$107,574.00. No matching funds are required. 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 all documents necessary to accept funding from the Department of State Health Services (D.S.H.S) for the RLSS-Local Public Health System Grant in the amount of $107,547 effective September 1, 2007 through August 31, 2008. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - c City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 11, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept grant funding for the Tobacco Prevention Program provided by the Beaumont Public Health Department. RECOMMENDATION Administration recommends Council approval. BACKGROUND The Texas Department of State Health Services(D.S.H.S.)has awarded the Beaumont Public Health Department a Tobacco Prevention grant in the amount of$36,667.00. This funding represents the first four months of the Tobacco Grant. It will be used for stalling as well as community program development. This Contract begins 09/01/2007 and ends on 12/31/2007. BUDGETARY IMPACT City would receive grant funding in the amount of$36,667.00. No matching funds are required. c` � 13 TEXAS DEPARTMENT OF STATE HEALTH SERVICES 1100 W.494'Street•Austin,Texas 78756 DAVID L.LAKEY,M.D. 1-888-963-7111 •http:/hv%kw.dshs.state.tx.us COMNIISSIONER TDD:512458-7708 September 11, 2007 Dear Contractor: Enclosed are two copies of your Department of State Health Services (DSHS)contract. Please sign and return both copies to this unit as soon as possible. Your contract will be signed by DSHS and returned to your agency. Changes made to any portion of the contract documents are considered a counter-offer and are not valid without DSHS written concurrence. DSHS has new General Provisions that impact the attached contract. Please review these changes carefully. DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the contract term. Additional information regarding this policy is available on the DSHS website at bM://www.dshs.state.tx.us. PLEASE NOTE: Return both copies of the contract in their entirety to the address below. Contracts returned to any other address may result in contract delays. Client Services Contracting Unit-MC 1886 Department of State Health Services Attention: Jeanne Rosenkrans 1100 W. 49h Street PO Box 149347 Austin TX 78714-9347 Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, please contact Jeanne Rosenkrans at 512-458-7111 ext. 6596 or via email at Jeanne.Rosenkrans@dshs.state.tx.us Sincerely, Bob Burnette, Director Client Services Contracting Unit Enclosures An Eaua/Emmlovment Omoortunitv Emolover and Provider DEPARTMENT OF STATE HEALTH SERVICES 40 This contract, number 2008-024558 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CITY OF BEAUMONT (Contractor), a Government Entity, (collectively,the Parties). I. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is$36,667.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict,reduce,or ternunate funding under this Contract. 4. Term of the Contract. This Contract begins on 09/01/2007 and ends on 12/31/2007. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following: a. Core Contract(this document) b. Program Attachments: 2008-024558-001 Tobacco Prevention Community c. General Provisions (Sub-recipient) d. Solicitation Document(s), and e. Contractor's response(s)to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 92648-1 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 all documents necessary to accept funding from the Department of State Health Services (D.S.H.S) for the Tobacco Prevention Program provided by the Beaumont Public Health Department in the amount of $36,667 effective September 1, 2007 through December 31, 2007. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - D City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director ld� MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 12, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project amount by$44,055.The proposed changes to the contract will rehabilitate approximately 74.0 linear feet of 6-inch and 310 linear feet of 8-inch sanitary sewer lines, remove and replace three manholes, clean and televise 1050 linear feet of existing lines, post televise 1050 linear feet of rehabilitated lines, replace 14 service connections and increase the contract time by 60 calendar days. The additional days increases the total contract time to 435 calendar days. The proposed extra work will represent an increase of 2.95% of the original contract amount and bring the total increase of the original contract to 11.31%. The proposed extra work is for the area on Westgate Drive. BACKGROUND The existing sewer lines built: in the 1950's have deteriorated and require major rehabilitation. The primary goals ofthe project are to restore the integrity ofthe sanitary sewer lines,restore the carrying capacity, provide customers with uninterrupted and adequate service and meet the Sanitary Sewer Overflow Initiative agreement requirements with the state. Previous actions include: Resolution 07-005 in the amount of$1,491,195.00 was passed by City Council on January 9, 2007. Resolution 07-101 in the amount of$31,670.00 was passed by City Council on April 10, 2007. Resolution 07-155 in the amount of$92,925.00 was passed by City Council on May 29, 2007. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Capital Program. APPROVAL OF CONTRACT CHANGE Change Order No.3 Date: September 12,2007 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project Owner: City of Beaumont P.O. Box 3827 Beaumont,Texas 77704 Contractor: Allco,Ltd. P.O.Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to rehabilitate approximately 740 linear feet of 6-inch and 310 linear feet of 8-inch sanitary sewer lines,remove and replace three manholes,clean and televise 1050 linear feet of existing lines,post televise 1050 linear feet of rehabilitated lines,replace 14 service connections and increase the contract time by 60 calendar days. ORIGINAL CONTRACT AMOUNT $ 1,491,195. THIS CHANGE ORDER: Description Net Change Rehabilitate 740 linear feet of 6-inch sanitary sewer lines. 19,980. Rehabilitate 310 linear feet of 8-inch sanitary sewer lines. 8,990. Remove and replace three manholes. 1 5,985. Clean and televise 1050 linear feet of existing lines. 3,150. Post televise 1050 linear feet of the rehabilitated lines. 1,050. Replace 14 service connections. S 4,900. TOTAL AMOUNT OF THIS CHANGE ORDER: $44,055. TOTAL AMOUNT OF PREVIOUS CHANGE ORDERS: $124,595. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $1,659,845. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract,and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Dr.Hani Tohme,P.E. City of Beaumont Allco,Ltd. Water Utilities Director Owner Contractor Date: Date: Date: CITY OF BEAUMONT, TEXAS WATER UTILITIES DEPARTMENT SEPTEMBER - 2007 SANITARY SEWER REHABILITATION OF SMALL DIAMETER MAINS CONTRACT XII CHANGE ORDER #3 *WINDWOOD MARSHALL MIDDLE V SCHOOL lz Z WILDER D � V t W�ST E I D Z WE Gl��04 LOCATION MAP RESOLUTION NO. WHEREAS, on January 9, 2007, the City Council of the City of Beaumont, Texas, passed Resolution No. 07-005 awarding a contract in the amount of$1,491,195 to Allco, Ltd. for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project; and, WHEREAS, Change Order No. 1 was required for extra work to rehabilitate approximately 710 linear feet of 8-inch sanitary sewer lines, remove approximately 420 linear feet of existing deteriorated 4-inch liner pipe, install one manhole in the street, install one end of line clean out, pre-televise and post-televise the rehabilitated lines, replace two service connections and increase the contract time 45 calendar days, increasing the contract amount by $31,670 thereby increasing the contract amount to $1,522,865; and, WHEREAS, Change Order No. 2 was required to rehabilitate approximately 1640 linear feet of 10-inch sanitary sewer lines, remove and replace seven manholes in the street, televise 1640 linear feet of damaged lines, post televise 1640 linear feet of rehabilitated lines, perform construction flagging on Roberts Avenue and Fourth Street, replace five service connections and increase the contract time by 60 calendar days thereby increasing the total contract time to 375 calendar days and increasing the contract amount by$92,925 for a total amount of$1,615,790 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project.; and, WHEREAS, Change Order No. 3 in the amount of$44,055 thereby increasing the contract to $1,659,845 is required to rehabilitate approximately 740 linear feet of 6-inch and 310 linear feet of 8-inch sanitary sewer lines, remove and replace three manholes, clean and televise 1050 linear feet of existing lines, post televise 1050 linear feet of rehabilitated lines, and replace 14 service connections: 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. 3 in the amount of $44,055 thereby increasing the contract to $1,659,845 to rehabilitate approximately 740 linear feet of 6-inch and 310 linear feet of 8-inch sanitary sewer lines, remove and replace three manholes, clean and televise 1050 linear feet of existing lines, post televise 1050 linear feet of rehabilitated lines, and replace 14 service connections for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XII Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - E ,...., City Council Agenda Item ,�Z c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 4, 2007 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept the project titled "FY 08 Safety Traffic Enforcement Program (S.T.E.P.)Waves". RECOMMENDATION Administration recommends Council approval. BACKGROUND In January, 1999, the City Council passed a resolution authorizing the city to apply for matching funds for a traffic safety "Safe and Sober S. T. E. P." grant project. The Police Department has successfully applied for and the City Council approved several traffic safety grants since that one. This grant application will provide funding for a "FY08 S. T. E. P. Waves" grant program which occurs between October 1, 2007 and September 30, 2008 and would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury. The grant would be in an amount not to exceed $29,757.16 from the Texas Department of Transportation with a city"match"funding of$9,757.16 as our portion of the costs for the project titles "FY08 S. T. E. P. Waves" which are Thanksgiving 2007 holiday, Valentine's Day 2008 holiday, Memorial Day 2008 holiday, and Labor Day 2008 holiday. BUDGETARYIMPACT City would receive grant funding in an amount not to exceed $29,757.16 with a city contribution of$9,757.16. v RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS,the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS,the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and WHEREAS,the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and WHEREAS,traffic safety enforcement and encouragement of safe driving habits is a significant goal of the Beaumont Police Department; and WHEREAS,the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Twenty Nine Thousand Seven Hundred Fifty Seven dollars and Sixteen Cents ($29,757.16) pursuant to the projects titled"FY08 S.T.E.P. Waves"for occupant protection enforcement, education of the public and speeding enforcement. WHEREAS,the City of Beaumont has agreed to contribute Nine Thousand Seven Hundred Fifty Seven dollars and Sixteen Cents ($9,757.16) as their portion of the costs for the project titles"FY08 S.T.E.P. Waves"which are Thanksgiving 2007 holiday,Valentine's Day 2008 holiday, Memorial Day 2008 holiday, and Labor Day 2008 holiday. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont,be, and is hereby,authorized to execute all documents necessary to accept the project"FY08 S.T.E.P. Waves" and take such action as necessary to implement the project which occurs between October 1st 2007 and September 30th 2008, and, w ' Accept and disburse the federal reimbursement grant funding in the amount not to exceed Twenty Nine Thousand Seven Hundred Fifty Seven dollars and Sixteen Cents ($29,757.16); and, Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY08 S.T.E.P. Waves"project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2007. -Mayor Becky Ames- RESOLUTION NO. WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible to receive funding to assist in highway safety enforcement; and, WHEREAS, the City of Beaumont recognizes that the safety and security of the motoring public is of paramount concern to the City; and, WHEREAS, the City of Beaumont strives to enhance the safety of the motoring public; and, WHEREAS, grant funding through the Texas Department of Transportation would assist in enhancing the safety of the motoring public and reducing motor vehicle crashes which often result in loss of life or personal injury; and, WHEREAS, traffic safety enforcement and encouragement of safe driving habit is a significant goal of the Beaumont Police Department; and, WHEREAS, the City of Beaumont has been notified by the Texas Department of Transportation that it is eligible for federal reimbursement funding in an amount not to exceed Twenty-Nine Thousand Seven-Hundred Fifty-Seven and 16/100 ($29,757.16) Dollars pursuant to the projects titled "FY08 S.T.E.P. Waves" for occupant protection enforcement, education of the public and speeding enforcement; and, WHEREAS, the City of Beaumont has agreed to contribute Nine-Thousand Seven- Hundred Fifty-Seven and 16/100 ($9,757.16) Dollars as their portion of the costs for the project titles "FY08 S.T.E.P. Waves" which are for the holidays Thanksgiving, 2007; Valentine's Day, 2008; Memorial Day, 2008; and Labor Day, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manger of the City of Beaumont be, and is hereby, authorized to execute all documents necessary to accept the project "FY08 S.T.E.P. Waves: and take such action as necessary to implement the project which occurs between October 1, 2007 and September 30, 2008. BE IT FURTHER RESOLVED THAT the City Manager is authorized to accept and disburse the federal reimbursement grant funding in the amount not to exceed Twenty-Nine Thousand Seven-Hundred Fifty-Seven and 16/100 ($29,757.16) Dollars; and Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the"FY08 S.T.E.P.Waves"project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - City Council Agenda Item R low TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warne Director of Public Works MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 12, 2007 REQUESTED ACTION: Council consider a resolution accepting maintenance of Lakeway Drive in the Willow Creek Industrial Park Section II. RECOMMENDATION Administration recommends approval of the following: • Lakeway Drive from IH-10 East Bound Frontage Road,approximately 335 feet south of the 3-OM-4P end of roadway markers. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on September 10, 2007. BUDGETARY IMPACT None. Wi I lowCreekldustrialParkSed1cg.wpd 09/12/2007 -VICINITY MAP- BEAUMONT WALDEN ROAD PROJECT �o LOCATION or h` OJ Z �O RESOLUTION NO. WHEREAS, final inspection of street improvements constructed on Lakeway Drive in the Willow Creek Industrial Park Section II as shown below was made by the Engineering Division and the Water Utilities Department: o Lakeway Drive from IH-10 East Bound Frontage Road, approximately 335 feet south of the 3-OM-4P) end of roadway markers. WHEREAS, the developers of said addition desire to have these improvements accepted and maintained by the City; and, WHEREAS, the Director of Public Works finds that said improvements meet city standards and qualify for acceptance for permanent maintenance, and the City Council is of the opinion that said improvements should be accepted and maintained by the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the street improvements on Lakeway Drive in the Willow Creek Industrial Park Section II, with the exception of streetlights, are hereby accepted by the City of Beaumont and shall be continuously maintained by the City contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way and easements required on the preliminary and final plats. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - G �' City Council Agenda Item M ` K TO: City Council FROM: Kyle Hayes, City Manager _1%3 PREPARED BY: Tom Warner, Public Works Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 6, 2007 REQUESTED ACTION: Council consider a request to deed surplus property to Habitat For Humanity for the development of affordable housing. RECOMMENDATION The Administration recommends that City Council authorize the City Manager to deed surplus properties located on Grand Avenue, further described in Exhibit A, to Habitat For Humanity ("Habitat"), for the development of affordable housing for low/moderate income families. BACKGROUND The properties described as Jack G. Grigsby Tracts 5, 6, 7, 8, 9, 10 and 11 situated in the A. Williams League, Abstract 385 located in the 3700 Block of Grand Avenue, were donated to the City specifically for the development of affordable housing in a neighborhood targeted for revitalization. Habitat For Humanity has received funding from the Disciples of Christ Christian Church to develop affordable housing in response to the devastation caused by Hurricanes Katrina and Rita. Habitat will conduct what it has termed as a"housing blitz" early in November, which is to construct two homes on these lots within a two-week period. These homes will then be sold to hurricane affected families. The remaining lots will be used to construct affordable housing that will be sold to qualified low-moderate income families participating in Habitat's standard affordable housing program. BUDGETARYIMPACT None. 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 deed surplus properties located on Grand Avenue as described in Exhibit "A" and shown on Exhibit "B" to Habitat For Humanity ("Habitat") for the development of affordable housing for low/moderate income families. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - v fD EXHIBIT"A" c� Q Tract No. 2 Being a 0.082 acre tract of land out of and a part of that certain Jack G. Grigsby 4 acre tract of land O 0 as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being out of and a part of the West 1/2 of Tract 115 and the East %: of Tract 114, as situated in the A. .. Williams League,Abstrast No.385,Jefferson County,Texas,and being more particularly described as follows,to-wit: roFor the purpose of location,commence at the intersection point of the East line of Grand Avenue cH with the North line of Hale Street,and from this point the Southwest comer of said Tract No. 4, 4�- bears South 89 degrees 45 minutes West 323.85 feet; THENCE North 89 degrees 45 minutes East 85.60 feet along the North line of Hale Street to the � - Southwest and Beginning comer of the tract of land herein described,as iron pin for corner; THENCE North 01 degree 06 minutes East 85.00 feet,an iron pin for comer, THENCE North 89 degrees 45 minutes East 42.00 feet,an iron pin for corner, THENCE South 01 degree 06 minutes West 85.00 feet to a point in the North line of Hale Street, an iron pin for comer, and from this point the Southeast comer of said 4.00 acre tract bears North 89 degrees 45 minutes East 56.00 feet; THENCE South 89 degrees 45 minutes West 42.00 feet along the North line of Hale Street to the "(D PLACE OF BEGINN NG. ,(.� Tract No. 5 -1 BEING a 0.182 acre tract of land out of and a part of that certain Jack G.Grigsby 4 acre tract of land as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being 0 out of and a part of the West %2 of Tract 115 and the East %2 of Tract 114, as situated in the A. Williams League,Abstract No.385,Jefferson County,Texas,and being more particularly described as follows,to-wit; C) For the purpose of location,commence at the intersection point of the East line of Grand Avenue f(D with the North line of Hale Street, and from this point the Southwest comer of said Tract No. 4, bears South 89 degrees 45 minutes West 323.85 feet; H THENCE North 01 degree 06 minutes East 85.00 feet along the East line of Grand Avenue to the Southwest and Beginning comer of the tract of land herein described,an iron pin for corner, CD THENCE North 01 degree 06 minutes East 46.00 feet along the East line of Grand Avenue,an iron pin for comer; .D `C t� (D N Exhibit"A" Page Two O C) THENCE South 88 degrees 54 minutes East 180.72 feet to a point in the East line of said 4.00 acre 0 tract,an iron pin corner, THENCE South 00 degree 10 minutes 52 seconds East 41.72 feet along the East line of said 4.00 acre tract,an iron pin for corner; THENCE South 89 degrees 45 minutes West 181.70 feet to a point in the East line of Grand Avenue H and the PLACE OF BEGINNING. Tract No.6 BEING a 0.186 acre tract of land out of and a y ray- part of that certain Jack G.Gribsb 4 acre tract of land as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being Qout of and a part of the West '/2 of Tract 115 and the East '/ of Tract 114, as situated in the A. Williams League,Abstract No. 385,Jefferson County,Texas,and being more particularly described as follows,to-wit: For the purpose of location,commence at the intersection point of the East line of Grand Avenue with the North line of Hale Street, and from this point the Southwest comer of said Tract No. 4, bears South 89 degrees 45 minutes West 323.85 feet; THENCE North 01 degree 06 minutes East 131.00 feet along the East line of Grand Avenue to the Southwest ai d Bcginning corner of the tract rf land hereis dese-;bed.,an iron pin for comer- (D THENCE North 01 degree 06 minutes East 45.00 feet along the East line of Grand Avenue,an iron j pin for comer; O THENCE South 88 degrees 54 minutes East 179.72 feet to a point in the East line of said 4.00 acre C tract,an iron pin for comer; C THENCE South 00 degree 10 minutes 52 seconds East 45.01 feet along the East line of said 4.00 acre tract, an iron pin for corner; N THENCE North 88 degrees 54 minutes East 180.72 feet to a point in the East line of Hale Street and the PLACE OF BEGINNING. H M" Tract No. 7 CD (D BEING a 0.255 acre tract of land out of and a part of that certain Jack G.Gribsby 4 acre tract of land ry* as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being C out of and a part of the West '/2 of Tract 115 and the East I/2 of Tract 114, as situated in the A. °n V fD Exhibit"X' Page Three - 0 C Williams League,Abstract No. 385,Jefferson County,Texas,and being more particularly described 0 as follows,to-wit; .� For the purpose of location,commence at the intersection point of the East line of Grand Avenue 1) with the North line of Hale Street, and from this point the Southwest corner of said Tract No. 4, (D bears South 89 degrees 45 minutes West 323.85 feet; 7 THENCE North 01 degree 06 minutes East 176.00 feet along the East line of Grand Avenue to the Southwest and Beginning comer of the tract of land herein described,an iron pin for corner; fD THENCE North 01 degree 06 minutes East 62.00 feet along the East line of Grand Avenue, an iron (D pin for comer; C THENCE South 88 degrees 54 minutes East 178.33 feet to a point in the East line of said 4.00 acre '0 tract, an iron pin for corner; THENCE South 00 degree 10 minutes 52 seconds East 62.01 feet along the East line of said 4.00 acre tract,an iron pin for comer; THENCE North 88 degrees 54 minutes West 179.72 feet to a point in the East line of Grand Avenue and the PLACE OF BEGINNING. �—' Tract No. 8 CD (DD BEING a 0.306 acre tract of land out of and a part of that certain Jack G.Grigsby 4 acre tract of land cn as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being .0 out of and a part of the West %z of Tract 115 and the East '/2 of Tract 114, as situated in the A. Williams League,Abstract No.385,Jefferson County,Texas,and being more particularly described p as follows,to-wit: C For the purpose of location,commence at the intersection point of the East line of Grand Avenue with the North line of Hale Street, and from this point the Southwest comer of said Tract 4,bears South 89 degrees 45 minutes West 323.85 feet; N X' THENCE North 01 degree 06 minutes East 238.00 feet along the East line of Grand Avenue to the Southwest and Beginning comer of the tract of land herein described,an iron pin for comer; rt THENCE North 01 degree 06 minutes East 75.00 feet along the East line of Grand Avenue,an iron pin for corner; rt C� 0 V (D ,+ Exhibit"A" Page Four - O THENCE North 88 degree 54 minutes East 176.65 feet to a point in the East line of said 4.00 acre C) tract, an iron pin for comer; O THENCE South 00 degree 10 minutes 52 seconds East 75.02 feet along the East line of said 4.00 �- acre tract, an iron pin for corner; THENCE North 88 degrees 54 minutes West 178.35 feet to a point in the East line of Grand Avenue and the PLACE OF BEGINNING, Tract No. 9 BEING a 0.275 acre tract of land out of and a part of that certain Jack G.Grigsby 4 acre tract of land fD as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being out of and a part of the West %2 of Tract 115 and the East %2 of Tract 114, as situated in the A. Williams League,Abstract No.385,Jefferson County,Texas,and being more particularly described O as follows,to-wit: "C7 For the purpose of location, commence at the intersection point of the East line of Grand Avenue with the North line of Hale Street, and from this point the Southwest comer of said Tract No. 4, bears South 89 degrees 45 minutes West 323.85 feet; THENCE North 01 degree 06 minutes East 313.00 feet along the East line of Grand Avenue to the Southwest and Beginning comer of the tract of land herein described,an iron pin for corner; c., THENCE North 01 degree 06 minutes East 68.00 feet along the East line of Grand Avenue, an iron fD pin for corner; u� 'O THENCE South 88 degrees 54 minutes East 175.13 feet to a point in the East line of said 4.00 acre tract, an iron pin for comer; O C THENCE South 00 degree 10 minutes 52 seconds East 68.02 feet along the East line of said 4.00 acre tract,an iron pin for comer; _ THENCE North 88 degrees 54 minutes West 176.65 feet to a point in the East line of Grand Avenue CD and the PLACE OF BEGINNING. ~ Tract No. 10 �r BEING a 0.272 acre tract of land out of and a part of that certain Jack G.Grigsby 4 acre tract of land AT - as described in Volume 2222,Page 354,of the Deed Records of Jefferson County,Texas,and being '"r .'d V CD Exhibit"A" Page Five 0 (� out of and a part of the West % of Tract I15 and"the'East 1/2 of Tract 114, 8 situated in the A. Williams League,Abstract No.385,Jefferson County,Texas,and being as follows,to-wit: more particularly described For the purpose of location,commence at the in � tcrsechon point of the East line of Grand Avenue with the North line of Hale Street, and from this point the Southwest comer of said Tract 4,bears �I South 89 degrees 45 minutes West 323.85 feet; ~' THENCE North 01 degree 06 minutes East 381.00 feet along the East line of Grand Avenue to the Southwest and Beginning comer of the tract of land herein described, an iron pin for comer; 3 ( THENCE North 01 degree 06 minutes East 68.00 feet along the East line of Grand Avenue,an iron pin for comer, and from this point the East line of said 4.00 acre tract bears North 01 degree 06 .O minutes East 68.03 feet; THENCE South 88 degrees 54 minutes East 173.61.feet to a point in the East line of said 4.00 acre tract, an iron pin for comer, THENCE South 00 degree 10 minutes 52 seconds East 68.02 feet along the East line of said 4.00 acre tract, an iron pin for corner; THENCE North 88 degrees 54 minutes West 175.13 feet to a point in the East line of G; rand Avenue BCD and the FLAC r,.OF BEGINNING. N � Tract No. 11 BEING a 0.278 acre tract of land out of and a part of that certain Jack G.Grigsby 4 acre tract of land C7 as described in Volume 2222,Page 354, of the Deed Records of Jefferson County,Texas,and being O out of and a part of the West '/2 of Tract 115 and the East %z of Tract 114, as situated in the A. Williams League,Abstract No. 385,Jefferson County,Texas,and being more particularly described as follows, to-wit: For the purpose of location,commence at the intersection point of the East line of Grand Avenue with the North line of Hale Street, and from this point the Southwest corner of said Tract No. 4, bears South 89 degrees 45 minutes West 323.85 feet; THENCE North 01 de :U gree 06 minutes East 449.00 feet along the East line of Grand Avenue to the Southwest and Beginning corner of the tract of land herein described,an iron pin for corner; CD e-e THENCE North 01 degree 06 minutes East 68.03 feet along the East line of Grand Avenue to a point Oin the North line of said 4.00 acre tract, an iron pin for comer, �G V CD N � Exhibit"A" a Page Six C ) .0 THENCE North 89 degrees 44 minutes 45 seconds East 172.04 feet along the North line of said 4.00 acre tract to its Northeast comer,an iron pipe for corner; THENCE South 00 degree 10 minutes 52 seconds East 72.10 feet along the East line of said 4.00 CD acre tract,an iron pin for comer; THENCE North 88 degrees 54 minutes West 173.61 feet to a point in the East line of Grand Avenue t--i and the PLACE OF BEGINNING. rr fD CD CD EXHA r-t C) 0 fD CD Ln a a n co 4� rn ca n 0 -a • � .a��IECT PROPERTY DONATION L „C.. v" 1.836 ACRES (3700 BLOCK OF GRAND "" C7 AVENUE) TRACT 31—B OUT OF CITY PLAT D-20 CD 7 A. WILLIAMS SURVEY ►IL H �- OWNER J. AUSTIN DAIGLE 7 tD LEGEND ..... LOCATION MAP [� SUBJECT PROPERTY N.T.s. k jt ao-r s N / i I I 1 �"• � M II 1• • Z . Y . . . « N.T.S. RAC 31-B .. MI r . twt HILL 1 Yes• xkX�,. � H .aae 04 ow N/ IN CD ne se FA HALE. 40 ao ao r'1 ( ) s •°•. it O ift sa au { EXHIBIT "B" a WORKSESSION * Review and discuss the status of the Gilbert Building located at 328 Bowie JJINTER-OFFICE MEMORANDUM City of Beaumont, Texas iL: . I Legal Department Date: August 24, 2007 To: Mayor and City Council From: Tyrone E. Cooper, City Attornevw4e-.1 Subject: Gilbert Building COMMENTS This memo is to provide background and to update you as to the status of the Gilbert Building located at 328 Bowie in downtown Beaumont. The background is that a testamentary gift from the Elizabeth Gilbert Fortune Estate made possible the acquisition of this building by the City of Beaumont in 1998. One document of conveyance from Chase Bank of Texas, as Trustee under the will of Wilbur Carroll Gilbert, Jr., and as successor Trustee under the will of Elizabeth B. Gilbert, was a Special Warranty Deed dated December 29, 1998, conveying 5/6th interest to the building. The other conveyance instrument was a Gift Deed from Mrs. Fortune dated December 22, 1998, conveying the other 1/6th interest. These deeds were subject to certain restrictive covenants limiting how the building was to be used by the City. Specifically, the building was to be designated as the "Gilbert Cultural Center"to be utilized as offices or other facilities for the arts, cultural, historic preservation and similar charitable organizations, as well as other compatible community/City activities or City-related organizations or agencies. Even in death, Mrs. Fortune continued her generosity to this community by providing funding for the operation, maintenance and restoration of the Gilbert Building. After all bequests were to have been made, the balance of her estate was to have gone to the Foundation of Southeast Texas to assist with the restoration of the Gilbert Building. As you all may or may not be aware, these funds are no longer available to the City of Beaumont for the maintenance and restoration of the Gilbert Building. These funds were depleted through litigation expenses in a Will contest initiated by the heirs.The question then becomes whether the City could provide sufficient funding for the maintenance and restoration of this building without those funds. That is a decision the Council can make. The restrictive covenants recited in the deeds of conveyance further indicated that if the building's continued use was not feasible because of age, condition, or casualty loss,the City may raze the building subject to the approval of the Grantor which, at this point, can only be the heirs of Elizabeth Gilbert Fortune. It was the intent of the Grantor that the building never be razed and demolition cannot be accomplished without first receiving the approval of the heirs. The covenant L goes on to state that in the event the City at any time breaches the covenants, Grantor shall have the right to demand reversion of the property. The City Manager and I have discussed this subject with the Council on several occasions and have conducted at least one (1) work session. The Council openly addressed this issue at the work session on February 6, 2007. At that time it was suggested that I make an attempt to explore with the heirs the possibility of releasing the restrictive covenants allowing for other uses of the building by the City. Another suggestion, as a way of expediting the sale of the building, would be for the City and the heirs to join in an effort to market the property and share in the proceeds derived from the sale. The Manager thought 10% or$50,000 was a fair amount in light of the fact that, by this time, he had already introduced at least two prospective buyers to Mrs. Gilbert. A letter was mailed to the heirs in April of this year outlining these proposals. The letter also informed them that the City had the property appraised and the value had been determined to be $500,000. Mrs. Brenda Gilbert had been given a copy of this appraisal to assist in her efforts. We are not aware if it has been shared with the other heirs. As with the other letters sent to the heirs, there was very limited response. Of the thirteen identified heirs, one heir in Edwards, Colorado, responded and, of course, Brenda Gilbert responded. The property value as shown on the tax rolls is $8,820 (land value of$3,600; building value of$5,220). An aside note: I have been informed that Mrs. Gilbert: has negotiated a 10% commission from the other heirs for her efforts. At this point possession and title to the building remains with the City of Beaumont subject to the restrictive covenants. The deeds, in my opinion, do not provide for the ability of the City to sell the building outright. Enclosed for your information is a copy of the Special Warranty Deed with the restrictive covenants attached. A point of information: Chuck's Sandwich Shop, located in the building, is a tenant of the City. When the building was conveyed, an assignment of all leases and rents of the tenants was also executed by the Trustee to the City. Chuck's is legitimately occupying this space. L c City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS SEPTEMBER 18, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition-Receive status report relating to the aftermath of Hurricane Humberto * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a bid for renovations on the 2"d and 3'd floors of City Hall 2. Consider approving a bid for a new air handler system and for cleaning the air conditioning ducts in City Hall 3. Consider amending the FY 2007 Budget related to the Fleet Fund and Solid Waste Fund 4. Consider approving a one year agreement with Blue Cross Blue Shield of Texas for employee medical and dental insurance 5. Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans 6. Consider approving a resolution to accept the Tyrrell Park and Downs Road Reconstruction Project, approve Change Order No. 1 and authorize final payment 7. PUBLIC HEARING: Dangerous Structure Consider approval of an ordinance declaring the structure located at 296 Pearl/330 Liberty to be a dangerous structure and order the owners to raze said structure within 10 days. If the property owner fails to comply within ten(10) days, staff is requesting City Council authorization to demolish this structure without further notification to the property owner or City Council action. WORKSESSION * Review and discuss the status of the Gilbert Building located at 328 Bowie COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: The City of Beaumont v. International Association of Fire Fighters Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting. 1 September 18, 2007 Consider approving a bid for renovations on the 2nd and 3'floors of City Hall City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 13, 2007 REQUESTED ACTION: Council consider the award of a bid for renovations to the 2nd and 3rd floors at City Hall. RECOMMENDATION Administration recommends awarding a bid to Bruce's General Construction of Beaumont for furnishing all labor, materials, equipment and supplies to renovate the 2nd and 3'floors of City Hall in the amount of$457,000. BACKGROUND Eight(8)bids were received for renovations to the 2nd floor offices that will include a new"One Stop Center" to facilitate the construction permitting process. Citizens will be able to access staff from Building Codes,Planning,Public Works,Engineering,Demolition, Code Enforcement and Housing from one central location. The second floor offices of Planning, Building Codes and Engineering will be opened and a large service counter constructed. At the counter,staff will assist with citizen's and contractor's permitting requests. Contractor's wanting more detailed information concerning their plan approvals will be able to meet with individual staff in one ofthe newly constructed conference rooms. This renovation will eliminate public access to all offices on the 2'floor unless escorted by a staff member. Included in the renovation is furnishing and installing new carpet and tile, paint, ceiling tiles and remodeling some offices and storage areas to enhance work flow and staff accessibility. The 3'floor offices, with the exception of the Executive Suite, will receive new carpet and tile, and will be repainted. I Improvements to City Hall September 13, 2007 Page 2 Bids received for this project are as follow: Contractor Price Completion Time Bruce's General Construction $457,000 120 days Beaumont, TX N& T Construction $461,000 140 days Beaumont, TX Daniels Building& Construction, Inc. $519,900 120 days Beaumont, TX Allco, Inc. $520,750 180 days Beaumont, TX Lange Brothers, Inc. $545,697 165 days Port Arthur, TX Cleveco Construction, Inc. $548,000 210 days Lumberton, TX Brammer Construction $598,500 285 days Nederland, TX SeTEX Construction Corporation $620,000 150 days Beaumont, TX Bruce's General Construction is a certified Minority Business Enterprise company. The renovation is expected to begin by October 15'h and be completed within 120 days. As work progresses, staff will be relocated to the recently vacated CVB offices on the l'floor. BUDGETARY IMPACT Funds for this project are budgeted in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited to furnish all labor, materials, equipment and supplies to renovate the 2nd and 3rd floors of City Hall; and, WHEREAS, Bruce's General Construction, Beaumont,Texas, submitted a bid in the amount of$457,000 and, WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General Construction, Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Bruce's General Construction, Beaumont, Texas to furnish all labor, materials, equipment and supplies to renovate the 2nd and 3rd floors of City Hall in the amount of$457,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 2 September 18, 2007 Consider approving a bid for a new air handler system and for cleaning the air conditioning ducts in City Hall t1f,..... City Council Agenda Item �2 NL TO: City Council FROM: Kyle Hayes, City Manager 1� PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 14, 2007 REQUESTED ACTION: Council award of a bid for a new air handler and clean the air conditioning ducts in City Hall. RECOMMENDATION Administration recommends award of a bid to Gowan, Inc. of Vidor in the amount of$330,288 for furnishing all labor,materials,equipment and supplies to install a new air handler and clean all ducts in City Hall. BACKGROUND Three (3) bids were received for furnishing all labor, materials, equipment and supplies necessary to replace the air handler and clean the air conditioning ducts in City Hall. The air handler currently in place is original to the building and has been refurbished numerous times. Due to its age, deteriorated condition and limited capacity, it does not control humidity nor allow the correct mixture of outside air to maintain proper climate control.The new air handler will be installed on the roof. This contract also includes duct cleaning to assure air quality. A thorough cleaning of all of the duct work has not been performed since the building was constructed. Sections of duct have been cleaned over the years as problems were discovered. The bids received are as follow: Contractor Location Price Gowan, Inc. Vidor, TX $330,288 C & I Mechanical, Ltd. Kountze, TX $352,000 JMC Mechanical, Inc. Mauriceville, TX $353,584 City Hall Air Handler September 14, 2007 Page 2 Bidders are required to have the project finished by February 22, 2008. The air conditioning will not be operable during the installing of the new air handler, therefore, the air handler must be installed in the winter months when there is less need for air conditioning. Gowan, Inc. will be subcontracting less than 10% of the project to a Minority Business Enterprise company as most of the work will be done by their staff. Work should commence by October 1 with the contractor coordinating the cleaning of duct work with City Building Services staff. Duct cleaning will be conducted after hours. BUDGETARYIMPACT Funding is available in the Capital Program. RESOLUTION NO. WHEREAS, bids were solicited to furnish all labor, materials, equipment and supplies to install a new air handler and clean all air-conditioning ducts in City Hall; and, WHEREAS, Gowan, Inc., Vidor, Texas, submitted a bid in the amount of$330,288 and, WHEREAS, City Council is of the opinion that the bid submitted by Gowan, Inc., Vidor, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Gowan, Inc., Vidor, Texas, to furnish all labor, materials, equipment and supplies to install a new air handler and clean all air-conditioning ducts in City Hall in the amount of $330,288 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 3 September 18, 2007 Consider amending the FY 2007 Budget related to the Fleet Fund and Solid Waste Fund 'uoftr City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer 49> MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 11, 2007 REQUESTED ACTION: Council consider amending the FY 2007 Budget. RECOMMENDATION Administration recommends that Council amend the Fiscal Year 2007 Budget to appropriate additional expenditures and. revenues for FY 2007 based on year end projections in the Fleet Fund and Solid Waste Fund. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred.Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the amendments are as follows: Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 5,717,700 $ 850,000 $ 6,567,700 Total Revenues 5,771,700 900,000 6,671,700 Due to increased fuel costs and greater than anticipated heavy equipment repairs and maintenance resulting in higher contract services and repairs and maintenance costs in the Fleet Fund,an increase of$850,000 in expenditures is proposed for the FY 2007 Budget. Revenues of$900,000 in excess of budget for FY 2007 are expected and should be appropriated. These revenues consist of service fees from departments city-wide that use vehicles and equipment in their operations. FY 07 Budget Amendment Page 2 September 18, 2007 Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 8,217,400 $ 50,000 $ 8,267,400 Total Revenues 7,452,500 900,000 8,352,500 The levels of activity at the landfill have continued to remain high in the wake of Hurricane Rita. Because this higher demand has increased the need for repairs and maintenance of equipment, operating supplies,and fuel for equipment,an increase of$50,000 in expenditures is proposed for the FY 2007 Budget. Revenues of$900,000 in excess of what were budgeted for FY 2007 relating to landfill fees are expected and should be appropriated. BUDGETARY IMPACT Revenues for FY 2007 are expected to be greater than what was anticipated in the budget and will be sufficient to cover the increase in expenditures in both the Fleet Fund and the Solid Waste Fund. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2007 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUE FOR FLEET AND SOLID WASTE FUNDS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2006 through September 30, 2007 be and the same is hereby amended to appropriate additional expenditures and revenue for Fleet and Solid Waste Funds as shown below: Fleet Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 5,717,700 $ 850,000 $ 6,567,700 Total Revenues 1 5,771,700 1 900,000 6,671,700 Solid Waste Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 8,217,400 $ 50,000 $ 8,267,400 Total Revenues 7,452,500 1 900,000 8,352,500 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 4 September 18, 2007 Consider approving a one year agreement with Blue Cross Blue Shield of Texas for employee medical and dental insurance �' City Council Agenda Item �Z ' , IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 6, 2007 REQUESTED ACTION: Council approval of a one year agreement with Blue Cross Blue Shield of Texas (BCBSTX) for employee medical and dental insurance. RECOMMENDATION Administration recommends that Council award to Blue Cross Blue Shield of Texas (BCBSTX) a one year contract effective January 1,2008 for third party administration of the City's fully insured Health Maintenance Organization(HMO Blue Texas), self funded Preferred Provider Organization (PPO) medical plan and a self funded dental plan. BACKGROUND Full time city employees are offered medical and dental benefits. The medical and dental benefits consist of a self funded PPO plan, fully insured HMO plan, and a self funded dental plan. There are 882 participants enrolled in the PPO plan, consisting of 762 active employees, 119 retirees, and 1 COBRA participant. There are 508 participants enrolled in the HMO plan, consisting of 441 active employees and 67 retirees. In the dental plan, there are 949 active employees and 17 COBRA participants. In June 2007, City staff began analyzing the City's health care costs. In July 2007, staff also began working with the City's health benefit consultant,Holmes Murphy&Associates to determine if the City should request bid proposals for the City's HMO, PPO, and dental plans or remain with the current administrator, BCBSTX for 2008. The City has the option to negotiate new rates with BCBSTX without seeking bids because the prior year bid states the City has the option to request renewal rates from the current administrator, BCBSTX. The current agreement with BCBSTX started January 1, 2006 and can be renewed for up to 5 years. After researching various plans offered in the area, staff concluded that BCBSTX offered the most cost effective plans. Because of BCBSTX's extensive network, deep provider discounts, ability to retain continuity of insurance and the lack of other extensive provider networks, staff recommends renewal with BCBSTX. Initial renewal rates submitted by BCBSTX for the fully insured HMO plan increased 14.2%. PPO overall fixed costs consisting of stop loss and administration increased 4%. Renewal rates for the self funded dental plan did not increase.Final negotiations by Holmes Murphy&Associates resulted in the HMO plan renewal being held to a 7.5% increase. The HMO increase was a function of increasing utilization, rising trend factors and increasing provider reimbursements. For the PPO plan, the City pays BCBS a stop loss premium amount to provide financial protection for any one covered member incurring high dollar claims.The City insures any claimant that incurs claims over the $150,000 individual stop loss amount during the plan year January 1 -December 3151. Over the last experience period, there were 5 claimants that exceeded the $150,000 individual stop loss amount. The claimants' experience warrants the 4% increase in the stop loss premium. Holmes Murphy recommends that the City remain with BCBSTX because it offers cost effective plans with an extensive network and deep provider discounts. The medical rate increases are within industry trends. Staff recommends implementation of the following rates to be paid by the City for HMO coverage, PPO and Dental administration effective January 1, 2008: 2007 Monthly HMO Rates 2008 Monthly HMO Rates Employee Only $295.67 $317.85 Employee+ 1 Dependent $712.54 $765.98 Employee+ Family $1014.09 $1090.15 2007 MonthlyPPOStopLoss 2008 MonthlyPPOStopLoss and Administration Rates and Administration Rates Employee Only $58.30 $59.84 Employee+ 1 Dependent $80.65 $84.39 Employee+Family $80.65 $84.39 2007 Monthly Dental Rates 2008 Monthly Dental Rates Employee Only $5.66 $5.66 Employee + 1 Dependent $5.66 $5.66 Employee + Family $5.66 $5.66 BUDGETARY IMPACT Funds are available for this expenditure in the Employee Benefits Fund. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute the necessary documents for a one-year agreement effective January 1, 2008, with Blue Cross Blue Shield of Texas (BCBSTX) for third party administration of the City's fully insured Health Maintenance Organization(HMO Blue Texas),self-funded Preferred Provider Organization (PPO) medical plan and a self-funded dental plan as shown below: 2008 Monthly HMO Rates Employee Only $317.85 Employee + 1 Dependent $765.98 Employee + Family $1090.15 2008 Month lyPPOStopLoss and Administration Rates Employee Only $59.84 Employee + 1 Dependent $84.39 Employee + Family $84.39 2008 Monthly Dental Rates Employee Only $5.6 Employee + 1 Dependent $5.6 Employee + Family $5.6 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 5 September 18, 2007 Consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans City Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lillie Babino, Human Resources Director MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 6, 2007 REQUESTED ACTION: City Council consider granting the City Manager authority to implement the contribution rate changes for retirees in the medical plans. RECOMMENDATION Administration recommends that Council approve medical contribution rate changes for retirees including their dependents effective January 1, 2008. BACKGROUND Retirees and their dependents are allowed to elect continuation of medical coverage as provided by state statute. The retiree/dependent may continue coverage until the retiree/dependent is covered by Medicare/Medicaid but not beyond age 65. Currently, there are 186 retirees on the City's medical plans. The retiree contribution rate for Police and Fire retirees is based on a provision in the Police and Fire contract agreements which states, "Any employee who retired on or after February 1, 1992 may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69%;single rate+1 at 58%;and the family rate at 54%of the COBRA rate on January 1 st annually." This same formula is utilized when calculating the contribution rate for civilian retirees. The City requested Holmes Murphy& Associates, City's health benefit consultant, to analyze the City's health care costs and to determine the 2008 medical COBRA rates. Based on their analysis, the retiree medical rates effective January 1, 2008 will be as follows: Plan Medical Prescription 2008 2008 2007 and Rate Drug Rate COBRA Retiree Retiree Category 2008 2008 Rate* Rate Rate PPO (EO) $308.79 $63.08 $371.87 $256.59 $251.42 (E1) $764.29 $156.16 $920.45 $533.86 $523.10 (E2) $1003.82 $205.11 $1208.93 $652.82 $639.66 HMO (EO) $317.85 $62.94 $380.79 $262.75 $247.44 (E1) $765.98 $151.701 917.681 $532.25—F $501.26 (E2) $1090.15 $215.91 _$1306.061 $705.271 $664.20 *Rate does not include Conexis COBRA administration fee. BUDGETARY IMPACT Appropriation of funds is available in the Employee Benefits Fund. G:\BENEFITS\retratesO8.wpd9/11/062:37 pm 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 implement the following medical contributions for retirees including their dependents effective January 1, 2008: Plan Medical Prescription 2008 2008 and Rate Drug Rate COBRA Retiree Category 2008 2008 Rate* Rate PPO (EO) $308.79 $63.08 $371.87 $256.59 (E1) $764.29 $156.16 $920.45 $533.86 (E2) $1003.82 $205.11 $1208.93 $652.82 HMO (EO) $317.85 $62.94 $380.79 $262.75 (El) $765.98 $151.70 917.68 $532.25 (E2) $1090.15 $215.91 1 $1306.06 $705.27 *Rate does not include Conexis COBRA administration fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 6 September 18, 2007 Consider approving a resolution to accept the Tyrrell Park and Downs Road Reconstruction Project, approve Change Order No. 1 and authorize final payment City Council Agenda Item "M ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 6, 2007 REQUESTED ACTION: Council consider a resolution to accept the Tyrrell Park and Downs Road Reconstruction Project, approve Change Order No. 1 in the amount of ($62,599.94) and authorize final payment in the amount of$97,260.81. RECOMMENDATION Administration recommends acceptance ofthe Tyrrell Park and Downs Road Reconstruction Project, approval of Change Order No. 1 in the amount of($62,599.94) and final payment in the amount of $97,260.81. BACKGROUND On June 6, 2007, City Council awarded L. D. Construction the contract for the Tyrrell Park and Downs Road Reconstruction Project, for an amount of$1,874,740.10. This project has been inspected and completed in accordance with Terms and Conditions set out in the contract. Due to a decrease in construction item quantities, actually used during construction, Change Order No. 1 in the amount of($62,599.94)is required, therefore decreasing the contract to $1,812,140.16. BUDGETARY IMPACT Funds are available in the Capital Program. TyrrellParkDownsRdCO/#1/FinalPaymen.wpd 09/06/2007 CITY OF BEAUMONT *kTE: September 6,2007 PROJECT: Tyrrell Park and Downs Road Reconstruction Project OWNER: City of Beaumont CONTRACTOR: L.D.Construction CHANGE ORDER NO. 1 Adjust the estimated quantities to match final quantities used during performance of the project. ORIGINAL CONTRACT AMOUNT: $ 1,874,740.10 NET FROM CHANGE ORDER NO.1 $ 1,874,740.10 TOTAL AMOUNT OF THIS CHANGE ORDER: $(62,599.94) ORCENT OF THIS CHANGE ORDER:' $(3 34%) TOTAL PERCENT CHANGE TO DATE: $(3.34%) NEW CONTRACT AMOUNT: $1.812,140.16 ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,CITY ENGINEER TOM WARNER,DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER �TTESTED BY: TINA BROUSSARD,CITY CLERK Tyc ellParkDownsRdCO#1/FinalPayment.wpd 09/06/2007 RESOLUTION NO. WHEREAS, on June 6, 2006, the City Council of the City of Beaumont, Texas, passed Resolution No. 06-168 awarding a contract in the amount of$1,874,740.10 to L. D. Construction for a contract for the Tyrrell Park and Downs Road Reconstruction Project; and, WHEREAS, Change Order No. 1 in the amount of($62,599.94)thereby decreasing the amount to $1,812,140.16 is required for the decrease in construction item quantities: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is authorized to execute Change Order No. 1 in the amount of ($62,599.94) thereby decreasing the contract amount to $1,812,140.16. BE IT FURTHER RESOLVED, that the City Manager is authorized to make final payment in the amount of $97,260.81. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of September, 2007. - Mayor Becky Ames - 7 September 18, 2007 PUBLIC HEARING: Dangerous Structure Consider approval of an ordinance declaring the structure located at 296 Pearl/330 Liberty to be a dangerous structure and order the owners to raze said structure within 10 days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish this structure without further notification to the property owner or City Council action. City Council Agenda Item a;0 r co"810j- TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner uector of Public Works MEETING DATE: September 18, 2007 AGENDA MEMO DATE: September 12, 2007 REQUESTED ACTION: City Council,after conducting a public hearing,consider an ordinance to declare the following one(1)structure to be a dangerous structure and order the owners to raze said structure within ten (10) days. If the property owner fails to comply within ten (10) days, staff is • requesting City Council authorization to demolish this structure without further notification to the property owner or City Council action. RECOMMENDATION Administration recommends City Council condemn this structure and order the owner to raze within ten(10) days. BACKGROUND This structure has been inspected by the Building Codes Division and found to be a dangerous structure as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. Additionally, this structure has deteriorated to a condition that it is no longer considered suitable for repair. Typically, requests for demolition orders are submitted to Council in groups of multiple properties. However, the condition of this particular structure necessitates a review by Council sooner than our next demolition group scheduled in early October. BUDGETARYIMPACT City may incur the cost of demolition. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING THE STRUCTURE LOCATED AT 296 PEARL/330 LIBERTY TO BE A PUBLIC NUISANCE AND ORDERING ITS DEMOLITION AND REMOVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. After a public hearing, the structure located at 296 Pearl/330 Liberty is hereby found to be a public nuisance in that said building violates Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the structure located at 296 Pearl/330 Liberty demolish and remove said structure within ten (10) days of the effective date of this ordinance. Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. That any person who violated 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 this the 18th day of September, 2007. - Mayor Becky Ames - SUBSTANDARD BUILDING INSPECTION REPORT 0 BUILDING CODES DIVISION CITY OF BEA.UMONT INITIAL INSPECTION DATE Mav 25, 2006 WARD 3 ADDRESS OF INSPECTION 296 Pearl/330 Liberty (Commercial) OWNER Theodore S. Johns,_Sr. & Lewis J. Hodgm___,n ADDRESS _ 5925 Phelan Blvd Ste 1 CITE'/STATE (06)- APPRAISAL VALUE Land Value 20650 Improvement Value 46380 Total Value 67030 A. Fifty(50)percent deterioration of non-supporting members? YES X NO R. Thirty-three(33)percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO_X D. Enrolled in work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This commercial structure has extensive deterioration to the roof. The roof is collapsing and causing a very unstable condition to the structure. This structure did sustain damage from Hurricane Rita. There is extensive water damage to the interior. Most of the windows are broken out e interior flooring,ceiling and walls have extensive deterioration. Electrical wiring and electrical fixtures were damaged because the structure is collapsing in on itself. Plumbing and plumbing fixtures were also damaged because of the collapsing roof. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of it�s_aDDraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS " a � • ♦ A . Irk ,.� } xvv .$ e At r! a} pi in t F k 3uF e aI r ps 8k'r _,•+.. at'�+, ra �,9:Yr ey��� f�T` � y,u. T <:µ •Z�: .`,4.�.,;y+��+ mono!* ,y WPM rx a ..,..r ,;y.,y.,ays:. ... '� r -• "r= i..^. r ' r'-^.,... - .5: � ;� '� -i. •"rte 08 . 30 . 2007. s 2007 •�lv+d Y.��, .+a<y' -tin N �' 'Yc, „� ' 4 till A M . � A Ool 7 ti 7+ x r k, h - ..� SS i t S, x r .... ..... .....;y,v.< ., .:.�;.. rqq":-:� 1 x� -yet�• w - vAk ': ` 1, NO II 6 y. 1 A OM, 7`w QO.Z ' 0C ' 80 Ai- . , - � �✓ � �� ,.R. .rte F r t' S M.im. j ` M.im. j ` • '"` <•a s mow', ',�'x.�,� , . 08 !30 . 207 ' gg s .4 08 2007 . - w r, ��i r. M _w • _ R - �oiie.. 1 i Fir 08 . 30 . 2bOl OY. ✓. °� �T,°`fix ��t ��'!!�F Y. � y # ._ .. t •-. - y 08'..'30 . 2007 s _ City of Beaumont, Texas r Investment Report For Quarter Ended June 30, 2007 Kyle Hayes, City Manager Max S. Duplant, Chief Financial Officer Kandy Daniel, Treasurer City of Beaumont Investment Report For Quarter Ended June 30,2007 Table of Contents Report Overview 1 Portfolio Summary Summary of Account Activity 4 Consolidated Account Summary of Account Activity 8 Report of Investment Position and Market Value 9 Report of Purchases, Sales and Maturities 11 General Operations Debt Service Account Summary of Account Activity 14 Report of Investment Position and Market Value 15 Report of Purchases, Sales and Maturities 16 Water Utility Debt Service Account Summary of Account Activity 18 Report of Investment Position and Market Value 19 Report of Purchases, Sales and Maturities 20 n 3 s a ,� NISO i sY rw X - City of Beaumont Investment Report For Quarter Ended June 30,2007 Report Overview This report which has been prepared in accordance with the law of the State of Texas and more specifi- cally with the Public Funds Investment Act(Section 2256.023, Government Code as amended) requires that a quarterly report be jointly prepared and signed by all investment officials for the City. The investment report has been divided into four sections. A summary of account activity of the City's total portfolio for the quarter ending June 30, 2007 is presented first. This overview is followed by a detailed report for each account represented in the City's portfolio. These accounts include the Consolidated Account, General Operations Debt Service Account and Water Utility Debt Service Account. A discussion of each section on adherence to the City's investment policy and strategies is shown below. Portfolio Summary Cash and investments totaled $134.3 million at April 1, 2007. During the quarter the City purchased investments of $5.4 million and had $13.9 million in sales and maturities bringing the face amount of investments to $125.8 million at June 30, 2007. The report shows that the City was in full compliance with its investment policy for the period April 1, 2007 thru June 30, 2007 with respect to suitable investments, diversification, maximum maturities and weighted average days to maturity. Consolidated Account The consolidated investment account is a pooled fund group containing operating funds whose primary objective is to ensure that anticipated cash flows are matched with adequate investment liquidity. Consistent with investment strategies for this group, the maximum maturity for any one security does not exceed two years from the date of purchase and the weighted average days to maturity as of June 30, 2007 is 26 days. Investments for the Consolidated Account totaled $129.1 million at April 1, 2007. During the quarter the City purchased investments of $2.9 million and had sales and maturities of $13.8 million bringing the face amount of investments to$118.2 million at June 30, 2007. General Operations and Water Utility Debt Service Accounts The General Operations and Water Utility Debt Service Accounts are debt service funds whose primary objectives are to ensure that investments mature as necessary to cover the debt service obligation on the required payment date. Consistent with investment strategies for this group, the maximum maturity for any one security does not exceed two years from the date of purchase and the weighted average days to maturity as of June 30, 2007 is 1 day for both the General Operations and the Water Utility Debt Service Accounts. Investments for the General Operations and Water Utility Debt Service Accounts totaled $3.2 million and $2 million respectively at April 1, 2007. During the quarter the City purchased investments of$600,000 and had sales and maturities of $200,000 bringing the face amount of investments in the General Operations Debt Service Account to $3.6 million at June 30, 2007. The Water Utility Debt Service Account had $1.9 million in purchases for the quarter and recorded no sales and maturities bringing the face amount of investments in the account to approximately$3.9 million on June 30, 2007. 1 � r t w 3 4. .. 1 �y r 4 i,§ ktW a IFYT w !F vi� j. s �VM r f�AU j q PORTFOLIO SUMMARY City of Beaumont Summary of Account Activity Total Portfolio-All Accounts For Quarter Ended June 30,2007 Face Principal Market Amount Invested Principal investments At Beginning of Period(04101107) $134,305,838 $133,882.788 $134,005,456 Purchases $5,467,270 $5,467,270 Sales and Maturities $13,945,395 $13,906,752 Investments at End of Period(06130107) $125,827,713 $125,443,306 $125,631,241 ASSet Allocation at June 30, 2007 Money Mkt Fund&Pools 84.7°x6 Clher Funds 2.6% Agency Securities 12.7% $125,827,713 [—maturity Summary at June 30, 2007 Less than 3 months 92.0% 9 to 12 months 3.2% 6 to 9 months 3.2% 3 to 6 months 1.6% $125,827,713 4 City of Beaumont Summary of Account Activity Total Portfolio-All Accounts For Quarter Ended June 30,2007 I Account Allocation at June 30, 2007 Consolidated Account 94.0% 41 k Restricted Accounts 6.0°x6 $125,827,713 Total Asset Allocation-March 31, 2007 thru June 30, 2007 $150 N $100 c 0 $50 $0 March 31 April 30 May 31 June 30 E� Other Funds ❑Agency Securities M Money Mkt Fund&Pools Weighted Average Days to Maturity-March 31, 2007 thru June 30, 2007 40 30 us ca 20 D 10 0 March 31 April 30 May 31 June 30 ■ Weighted average maturity 5 s• fig,: x r s + IX, r CONSOLIDATED ACCOUNT City of Beaumont Summary of Account Activity Consolidated Investment Account For Quarter Ended June 30,2007 Face Principal Market Amount Invested Principal Investments At Beginning of Period(04101107) $129,094,786 $128,671,736 $128,794,404 Purchases $2,922,253 $2,922,253 Sales and Maturities $13,790,339 $13,751,696 Investments at End of Period(06130107) $118,226,700 $117,842,293 $118,030,228 Asset Allocation at June 30, 2007 Agency Securities 13.5% Other Funds Money Market Funds and Pools 2.5% 83.9% 41 $118,29700 Maturity Summary at June 30, 2007 Less than 3 months 91.5% 9 to 12 months 3.4% 6 to 9 months 3.4% 3 to 6 months 1.7% $118,226,700 8 City of Beaumont Report of Investment Position and Market Value Consolidated Investment Account As of June 30,2007 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to EWW Date Amount Description Dale YLeLd Invested Principal Value Interest Maturity MONEY MARKET FUNDS AND INVESTMENT POOLS AR-0001 06/30/07 51,628,771 Texpool 07/01/07 5.2884 51,628,771.14 51,628,771.14 51,628,771.14 0.00 1 AR-0003 06/30107 1,159,786 Logic Invest Pool 07/01/07 5.2648 1,159,785.79 1,159,785.79 1,159,785.79 0,00 1 AR-0012 06/30/07 44,434,900 Texas DAILY 07/01/07 52579 44,434,900.32 44,434,900.32 44,434,900.32 0.00 1 06-0002 05/15/07 2,000,000 Texas TERM Fixed 06/22/07 5.2300 2,000,000.00 2,000,000.00 2,000,000.00 13,469.04 46 Subtotals: 99,223,457 5.2733 99,223,457.25 99,223,457.25 99,223,457.25 13,469.04 2 BANK DEPOSITS AND CERTIFICATES OF DEPosIT Bank Deposits AR-0006 06/30/07 3,003,243 Captital One Bank 07/01/07 4.9300 3,003,242.73 3,003,242.73 3.003,242.73 0.00 1 Subtotals: 3,003,243 4.9300 3,003,242.73 3,003,242.73 3,003,242.73 0.00 1 AGENCY SECURITIES 07-0008 01/12/07 2,000,000 FHLB 02/15/08 5.2003 1,965,420.00 1,978,120.00 1,980,193.33 8,480.56 225 074003 01/05/07 2,000,000 FHLMC 03/24/08 5.0507 1,963,664.00 1,965,648.13 1,978.079.47 19,444.44 264 07-0007 01/12/07 2,000,000 FHLMC 04/28/08 5.1522 1,959,020.00 1,970,820.00 1,973,685.77 12,250.00 298 07-0004 01/05/07 2,000,000 FHLMC 05/22/08 5.0060 1,962,855.32 1,963,360.86 1,975,800.98 7,800.00 322 07-0001 01/25/07 2,000,000 FHLMC Disc Note 07/02/07 5.2619 1,949,962.22 1,999,419.15 1,999,707.71 0.00 2 07-0006 01/12/07 2,000,000 FNMA 08/30/07 5.2484 1,977,300.00 1,993,760.00 1,994,192.65 23,045.60 60 07-0002 01/05/07 2,000,000 FNMA Disc Note 09/28/07 5.1803 1,926,672.67 1,975,000.00 1,975,414.63 0.00 90 07-0005 01/12/07 2,000,000 FNMA Disc Note 11/30/07 5.2384 1,910,698.67 1,957,400.00 1,957,507.38 0.00 153 Subtotals: 16,000,000 5.1671 15,615,592.88 15,803,528.14 15,834,581.92 71,020.60 177 (continued) 9 City of Beaumont Report of Investment Position and Market Value Consolidated Investment Account As of June 30,2007 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to Fund DAW Amount DescrIptio-n Date Yield hwestect P.fin�ci al -- Value tntgfe.;;t Maturlt SUMMARY: Face Buy Principal Market Book Accrued Days to Amount Yield Invested Principal Value Interest Maturity 99,223,457 Money Mkt Fds d Pools 51733 99,223,45725 99,223,457.25 99,223,457.25 13,469.04 2 3,003,243 Bank Deposits and CDs 4.9300 3,003,242.73 3,003,242.73 3,003,242.73 0.00 1 16,000,000 Agency Securities 5.1671 15,615,592.88 15,803,528.14 15,834,581.92 71,020.60 177 Total 118,226,700 5.2502 117,842,292.86 118,030,228.12 118,061,281.90 84,489.64 26 FFC8-Federal Farm Credit Bank FHL8-Federal Home Loan Bank FHLMC-Federal Home Loan Mortgage Corporation,"Freddie Mac" FNMA-Federal National Mortgage Association,"Fannie Mae" SLMA-Student Loan Mardeting Association,"Sallie Mae" 10 City of Beaumont Report of Purchases,Sales and Maturities Consolidated Investment Account For Quarter Ended June 30,2007 ID- Buy Face Maturity Buy Principal Sold/Mat'd/Open Hiding Realized Days Fund Date Amount Description Date Yield Invested Date Price prd Yld Gn/Loss HeId PURCHASES AR-0006 04/01/07 907,171 Captial One Bank 07/01/07 4.9300 907,171.03 O 07101107 100.000 4.9300 0 — AR-0003 04/01/07 15,082 Logic Invest Pool 07/01/07 5.2648 15,082.35 O 07/01/07 100.000 5.2648 0 — 07-0009 05/15/07 2,000,000 Texas Term-Fixed 08/15/07 5.2300 2,000,000.00 O 08/15/07 100.000 5.2300 0 46 Totals: 2,922,253 2,922,253.38 SALES AND MATURITIES AR-0012 04/01/07 367,923 Captial One Bank 06/30/07 5.2579 367,923.02 O 06/30/07 100.000 5.2579 0 — AR-0001 04/01/07 6,347,416 Texpool 06/30/07 5.2884 6,347,416.43 O 06/30/07 100.000 5.2884 0 — 0540009 06123!05 2,075,000 FHLB 04/02/07 3.8340 2,038,450.95 04/02/07 100.000 4.5058 0 639 05-0011 06/23/05 2,000,000 FHLB 06/08/07 3.8374 2,001,378.00 06/08/07 100.000 3.8381 0 705 05-0010 06/23/05 2,000,000 FNMA 05/17107 3.8441 1,996,528.00 05117/07 100.000 3.8455 0 684 06-0005 06/23/06 1,000,000 Texas Term-Fixed 06/22/07 5.5100 1,000,000.00 06122/07 100.000 5.5100 0 364 Totals: 13,790,339 13,751,696.40 11 ., iis�"3, 1 3'. r If Sl M 01 fill ON f < GENERAL OPERATIONS DEBT SERVICE ACCOUNT City of Beaumont Summary of Account Activity General Operations Debt Service Account For Quarter Ended June 30,2007 Face Principal Market Amount Invested Principal Investments At Beginning of Period(04101107) $3,168,551 $3,168,551 $3,168,551 Purchases $638,102 $638,102 Sales and Maturities $155,056 $155,056 Investments at End of Period(06130107) $3,651,597 $3,651.597 $3,651,597 Asset Allocation at June 30, 2007 Money Market Funds and Pools 94.2% 41 Other Funds 5.8% $3,651,597 Maturity Summary at June 30, 2007 41 0 Less than 3 months 100.0% $3,651,597 14 City of Beaumont Report of Investment Position and Market Value General Operations Debt Service Account As of June 30,2007 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to Fund Q4te Amount DescriotIOn Mae Yield Invested Principal Value n re aM turity MONEY MARKET FUNDS AND INVESTMENT POOLS AR-0002 06/30/07 2,836,519 Texpool 07/01/07 5.2884 2,836,519.38 2,836,51938 2,836,519.38 0.00 1 AR-0013 06/30/07 535,123 Texas Daily 07/01/07 5.2579 535,123.00 535,123.00 535,123.00 0.00 1 AR-0005 06/30107 68,500 Logic Invest Pool 07/01/07 5.2648 68,500.28 68,500.28 68,500.28 0.00 1 Subtotals: 3,440,143 5.2832 3,440,142.66 3,440,14266 3,440,142.66 0.00 1 BANK DEPOSITS AND CERTIFICATES OF DEPOSIT Bank Deposits AR-0007 06/30/07 211,455 Captial One Bank 07/01/07 4.9300 211,454.79 211,454.79 211,454.79 0.00 1 SUMMARY: Face Buy Principal Market Book Accrued Days to Amount Yield Invested Nncipal Value Interest Maturk 3,440,143 Money Market Fds E Pools 5.2832 3,440,142.66 3,440,142.66 3,440,142.66 0.00 1 211,455 Bank Deposits and CDs 4.9300 211,454.79 211,454.79 211,454.79 0.00 1 Total 3,651,597 Total Portfolio 5.2628 3,651,597.45 3,651,597.45 3,651,597.45 0.00 1 15 City of Beaumont Report of Purchases,Sales and Maturities General Operations Debt Service Account For Quarter Ended June 30,2007 ID- Buy Face Maturity Buy Principal Sold/Mat'd/Open Hiding Realized Days Eund Date Amount Description Date Yield Invested Date Price prd Yid Qn/Loss Held PURCHASES AR-0005 04/01/07 6,947 Texas DAILY 07/01107 5.2579 6,947.27 O 07/01/07 100.000 5.2579 0 AR-0007 04101/07 630,264 Texpool 07/01/07 5.2884 630,264.08 O 07101/07 100.000 5.2884 0 AR-0005 04/01/07 891 Logic Invest Pool 07/01/07 5.2648 890.80 O 07/01/07 100.000 5.2648 0 — Totals: 638,102 638,102.15 SALES AND MATURITIES AR-0002 04/01/07 155,056 Captial One Bank 06/30/07 4.9300 155,055.92 O 06130107 100.000 4.9300 0 — Totals: 155,056 155,055.92 16 WATER UTILITY DEBT SERVICE ACCOUNT City of Beaumont Summary of Account Activity Water Utility Debt Service Account For Quarter Ended June 30,2007 Face Principal Market Amount Invested Principal Investments At Beginning of Period(04101107) $2,042,501 $2,042,501 $2,042,501 Purchases $1,906,915 $1,906,915 Sales and Maturities $0 $0 Investments at End of Period(06130107) $3,949,416 $3,949,416 $3,949,416 Asset Allocation at June 30, 2007 Money Market Funds and Pools 97.2% Other Funds 2.8% $3,949,416 Maturity Summary at June 30, 2007 41 0 Less than 3 months 100.0% $3,949,416 18 City of Beaumont Report of Investment Position and Market Value Water Utility Debt Service Account As of June 30,2007 ID- Buy Face Maturity Buy Principal Market Book Accrued Days to Fund Date Amount Description Die Yieid Invested Principal Value Interest Matur MONEY MARKET FUNDS AND INVESTMENT POOLS AR-0011 06130107 3,840,140 Texpool 07/01/07 5.2884 3,840,140.43 3,840,140.43 3,840,140.43 0.00 1 BANK DEPOSITS AND CERTIFICATES OF DEPOSIT Bank Deposits AR-0008 06/30/07 109,275 Capital One Bank 07/01/07 4.9300 109,275.46 109,275.46 109,275.46 0.00 1 SWMARY: Face Buy Principal Market Book Accrued Days to Amount Yield Invested Principal Value Interest Matur 3,840,140 Money Market Fds&Pools 5.2884 3,840,140,43 3,840,140.43 3,840,140A3 0.00 1 109,275 Bank Deposits and CD's 4.9300 109275.46 109,275.46 109,275.46 0.00 1 Total 3,949,416 4.2784 3,949,415.89 3,949,415.89 3,949,415.89 0.00 1 19 City of Beaumont Report of Purchases,Sales and Maturities Water Utility Debt Service Account For Quarter Ended June 30,2007 ID- Buy Face Maturity Buy Principal Sold/Mat'd/Open Hiding Realized Days FUN Date Amount Description Date le Invested D-ak Price prd_Lld o s Held PHASES AR-0008 04/01/07 1,905,552 Texpool 07/01/07 5.2884 1,905,551.74 O 07101/07 100.000 5.2884 0 — AR-0011 04/01/07 1,363 Captial One Bank 07/01/07 4.9300 1,362.94 O 07101/07 100.000 4.9300 0 Totals: 1,906,915 1,906,914.68 20 4�•cu fr rK 5 v� Pt t' J M �