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HomeMy WebLinkAboutPACKET SEP 08 2009 RICH WITH OPPORTUNITY r T - E - X - A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER S, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City Manager to apply for and accept a Routine Airport Maintenance Program Grant from the Texas Department of Transportation B) Approve Change Order No. 1 for the air conditioning modifications project at the Police Building and Julie Rogers Theatre C) Approve Change Order No. 3 for the EMS Station No. 2 Project D) Authorize the City Manager to delete and add items to the 23rd Street Lift Station Rehabilitation Project resulting in a decrease of the project cost E) Approve exercising an option to extend the current banking services agreement with Capital One Bank for one additional year and approving amendments relating to pledges and releases of collateral A RICH WITH OPPORTUNITY BE T , E A,e x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 8, 2009 REQUESTED ACTION: Council consider the application and acceptance of a grant for general maintenance at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends authorizing the City Manager to apply for and accept a Routine Airport Maintenance Program (RAMP) Grant from the Texas Department of Transportation (TxDOT). BACKGROUND TxDOT's Aviation Division provides the RAMP Grant to assist local governments with airport maintenance and repairs. If approved, this grant is intended to assist the City with the purchase of taxiway lighting, airspace right of way clearance, hangar maintenance and the Automated Weather Observation System satellite service and quarterly FAA inspections. BUDGETARY IMPACT The State offers a 50/50 matching grant up to $50,000 for each fiscal year. Matching funds will be available from the Airport 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 apply for and accept a Routine Airport Maintenance Program(RAMP)Grant from the Texas Department of Transportation for general maintenance at the Beaumont Municipal Airport. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - B RICH WITH OPPORTUNITY [117EA�111�lcl T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager -�VD PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 8, 2009 REQUESTED ACTION: Council consider the approval of Change Order No. 1 for the air conditioning modifications project at the Police Building and Julie Rogers Theatre. RECOMMENDATION Administration recommends the approval of Change Order No. 1 in the amount of$30,777 to C&I Mechanical. BACKGROUND A contract in the amount of$640,000 for a new chilled water system was awarded on June 16, 2009. The project included the installation of two (2) new chillers, replacing and insulating the chilled water piping, and replacing the circulating pumps and valves in the Police Building. Components to be replaced at the Julie Rogers Theatre included the air handler, hot and chilled water coils, three pumps and piping. The new chilled water system will provide all heating and air conditioning to the Police Building and the Main Library, as well as 90% of the Julie Rogers Theatre. Change Order No. 1 provides for additional insulation in a mechanical room and air handler room at the Julie Rogers Theatre. An asbestos containing material was discovered in these areas and removed by a licensed abatement contractor. As a result, additional insulation replacement is required in the amount of$26,615. Change Order No. 1 also provides for the excavation of existing chilled and hot water underground piping near the Julie Rogers Theatre. Due to deterioration, a portion of the piping will be replaced to a point outside the new foundation line to allow for future replacement of the remaining piping without disturbing the new foundation. The cost of this extra work is $4,162. The total cost of Change Order No. 1 is $30,777, representing approximately 4.8% of the original contract amount. The cost of this change will be deducted from the Contingency balance of$40,000. Modifications to Chilled Water System September 8, 2009 Page 2 Change Order No. I will extend the contract time by seven (7) days. The additional time is necessary to complete the described extra work and will not interfere with any scheduled events at the Julie Rogers Theatre. BUDGETARY IMPACT Funds will be deducted from the Contingency balance, therefore, the original contract price remains unchanged. h V17-C=0-LCl C1J Ul• - I I\V,..tJI'ILLW JIB I C. J VI I' I Ui. -- -- -1- ..' I . 08/26/2009 13:44 4092461584 CI MECHANICAL PAGE 02/04 PLg-26-2009 11:57A FRQ't:8R-Z4SKY B JOF�1S7'atJ 4@9-855_07RS Tfl:2461584 P.3 CHANGE ORDER Galeweky and Johnston Consulting 6n8 fSa Inc. Dr. Beaumont.Tx 77706 Gamer pC} Tot,400MW4707 Fan409Ne8-0789 Engtnesr (t) Cantrador (X) FIdd ( ) Dtf1GT PROJECT: A.C.Modffmtoro at PoAce Dept. CMAt4GE ORDER MUMBEM One 6 Julie Roger,Them for chy of Bnumor+t TO: ENGINEER-8 PROJECT NO-', OMM C A I MechanU CONTRACT FOR: City of 8osumortt P.O.Box 249 Kourta.IX 77825 CONTRACT DATE: June 16,2009 You am directed to make the folktwkV dtange&in Mb Contract: 1. To rs4aulats MN wills&asignp of tM upsh m brt m of Il h(JcMed 0OWS a acre fn moo Hence wth the ptaro i spodkoftu. Propo&N 01-August 21,2809)of work• ADD: SX615.00 2. To replace cuff#"sod CHVwHW plpinp and relmvbta"Game.as well m wbuulatlng other=aVmmtnd&Pala found during excMIOn. Sae etlaehed bretkdwM(rolled Chenga propaw M2-July$0,7000))of work. ADD: $4.18200 9. Request for odd to cvntntet tints due to Change Propo&aI Requsets: AOD: 7 4eys TOTAL NET ADD: $30,777.80 DEDUCT FROM CONSTRUCTION CONTINGENCY:$30,777.00 Original Cwftg*nW Attowana.: $0,00.00 This Change Order NEW CONTINGENCY 0111 ANCE: The odgftl Contract sum was...... ........_....__.._......................,........... ........ .................. S 640,000.00 Net afratp•by pmMou&Chanpa Orders.. ........................»................ ..................................... 4 610,000.00 The Colt vd Stmt prior to mk Chan Order wsa. •••• .- j a The Cenfrid Bum w11 A (undtenged)by fhb Ctwljte CFder.............. S 610.000.oO The new Contrnat Sum inoludinp this Chary&Order will be.......... ...........»Order......... m ........... The Contract Thee rri l be(lnareeaed), "Change s The rite 4<Substantial ConMrtetion a&at the Babe of fhb Chanpo rder lherefbn Is.................. AL9M f 2089. Galewsky i Johr»ton Coneu"lna Englnews Inc C&I Meohenkal Ch of 8eaumant ENOMEER CONTRACTOR OWNER 1275 N oe P.C. our P.O.Ox 3927,Oft,Tx 04 BY i �riitl�^� BY —4 note X17, A RESOLUTION NO. WHEREAS, on June 16, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-181 awarding a contract in the amount of $640,000 to Commerical & Institutional Mechanical, Ltd., of Kountze, Texas, for air conditioning modifications at the Police Building and Julie Rogers Theatre; and WHEREAS, Change Order No. 1 in the amount of$30,777 is required for additional insulation in a mechanical room and air handler room at the Julie Rogers Theatre and the excavation of existing chilled and hot water underground piping near the Julie Rogers Theatre, said amount to be deducted from the Contingency balance of$40,000, thereby decreasing said fund to $9,223 and resulting in no change to the total contract amount of $640,000; 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. 1 for additional work described above in the amount of $30,777, thereby decreasing the Contingency balance to $9,223 and resulting in no change to the total contract amount of $640,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY 1117:A�111�lcl T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 8, 2009 REQUESTED ACTION: Council consider approval of Change Order No. 3 for EMS Station No. 2. RECOMMENDATION Administration recommends approval of Change Order No. 3 in the amount of$18,375 for the construction of EMS Station No. 2. BACKGROUND A contract in the amount of$819,500 for the construction of EMS Station No. 2 was awarded to McInnis Construction, Inc. on November 28, 2008. Change Order No. 1 increased the contract amount by $84,175 to $903, 675. The change included the installation of a fire sprinkler system, landscaping and irrigation, drainage improvements, privacy fence, knox box, and additional plumbing related to the fire suppression system as well as a reduction of 353 sq. ft. of paving. Change Order No. 2 provided for the installation of one 4" PVC conduit 105' from the service meter to Entergy's pole-mounted transformer. The cost of this extra work was $2,277 and was deducted from the Contingency balance of$20,000. Change Order No. 3 provides for the installation of the electrical and data connections necessary to operate the station's emergency alert communication system. The system includes intercom speakers in all rooms of the facility and 225' of underground conduit that connects the EMS facility alarm system to that of the Fire station next door. The total cost of Change Order No. 3 is $18,375, representing approximately 2.2% of the original contract amount. The cost of Change Order No. 3 will exhaust the Contingency balance of$17,723 and increase the contract amount by $652 for a revised contract amount of$904,327. Completion is scheduled for September 19, 2009. BUDGETARYIMPACT Funds are budgeted in the Capital Program. I I ,- i Document G701" - 2001 Change Order PROJECT(Name and address): CHANGE ORDER NUMBER: 003 OWNER:( EMS Station No.2 DATE: August 24, 2009 ARCHITECT:El 3020 Municipal Dr. Beaumont,Tx. TO CONTRACTOR(Ncune and address): ARCHITECT'S PROJECT NUMBER: 08-130 CONTRACTOR:fxl McInnis Construction, Inc. CONTRACT DATE: December 10,2008 FIELD:❑ 675 S.4th Street,Silsbee,Tx.77656 CONTRACT FOR: EMS Station No.2 OTHER:❑ THE CONTRACT IS CHANGED AS FOLLOWS: (h:clude, where applicable,any undisputed amount attribrarrble in previnrrsly e.reculed Cunstnrction Change Directives) See Attachment for Breakdown The original Contract Sum was f 819,500.00 1 he n0 change by previously authorized Change Orders $ 84,175.00 The Contract Sum prior to this Change Order was $ 903,675.00 The Contract Sum will be increased by this Change Order in the amount of $ 652.00 The new C'untract Sum including this Change Order will be $ 904,327.00 The Crmtmet Time will be increased by (0 )days. The date of Substantial Completion as of the date of this Change Order therefore is August 25,2009 NOTE:This Change Order does not include changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Cunlraclur,in which case a Change Order is executed to supersede the Construction Change Directive. NOT VALID UNTIL SIGNED BY THE ARCHITECT,CONTRACTOR AND OWNER. Sigma Engineers, Inc. McInnis Construction, Inc. City of Beaumont ARCHITECT(Fin)1 name) CONTRACTOR(Firer name) OWNER(rirrn name) 4099 Calder Ave,Beaumont,T 77706 675 S.4th Street,Silf bee,Tx.77656 P.0.Box 3827,Beaumont,Tx 77704 AD S RESS ADDRESS BY( 'gnature nrrlrue BY(Signature) Sin Z,N-wa , P.E. S (Typed name) (Typed name) (Typed name) August 24,2009 August 24,2009 DATE DATE DATE AIA Document 0701 n'-2001.Copyright 0 1979,1987,2000 and 2001 by The American Institute of Architects.All rights reserved.WARNING:This AIAc Document Is protected by U.S.Gopytighl Law and International Treaties.Unauthorized reproduction or distribution of this Ale Document,or any y portion of It,may result In severe clvll and criminal penalties,end will be prosecuted to the maximum extent possible under use law.This document was produced byAlA software at 13:31;46 on 04/12112009 under order No.1000357165. i which expires on 6/22/2009,and is not for resale. User Notes: (4217235301) RESOLUTION NO. WHEREAS, on November 25, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-317 awarding a contract in the amount of$819,500 to McInnis Construction, Silsbee, Texas, for all labor, materials and equipment necessary to construct EMS Station No. 2 at 3020 Municipal Drive; and WHEREAS, Change Order No. 1 in the amount of $84,175 was required for additional work to include installation of a fire sprinkler system, landscaping and irrigation, drainage improvements, privacy fence, knox box, and additional plumbing related to the fire suppression system, as well as a deduction for 353 square feet of paving, thereby increasing the contract amount to $903,675; and WHEREAS, Change Order No. 2 in the amount of $2,277 was required for the installation of one 4" PVC conduit 105' from the service meter to Entergy's pole-mounted transfer, said amount being subtracted from the $20,000 Contingency balance, thereby leaving a balance of $17,723 and resulting in no change to the total contract amount of $903,675; and WHEREAS, Change Order No. 3 in the amount of $18,375 is required for the installation of the electrical and data connections necessary to operate the station's emergency alert communication system,said amount to be deducted from the Contingency balance of$17,723, thereby depleting said fund, and increasing the total contract amount by $652 for a revised contract amount of $904,327; 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 $18,375 for additional work described above, thereby depleting the Contingency balance and increasing the contract amount by $652 for a total contract amount of$904,327. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - D IIICH WITH OPPORTUNITY BEA, T • E • x • A . s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director rV MEETING DATE: September 8, 2009 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to delete and add items to the 23rd Street Lift Station Rehabilitation Project resulting in a decrease of the project cost. RECOMMENDATION Administration recommends approval of decreasing the 23' Street Lift Station Rehabilitation Project amount by $11,325.19. The proposed changes to the contract will construct an 84" reinforced concrete(RC) manhole including RC foundation, RC top slab, and aluminum hatch in lieu of the proposed junction box and 48" reinforced concrete pipe(RCP) risers shown on the plans. The Contractor will furnish and install one 30" diameter resilient wedge gate valve including valve box on the existing 30" diameter force main and increase the contract time by 5 calendar days. The additional days increases the total contract time to 305 calendar days. The proposed extra work will represent a decrease of 0.01% of the original contract amount. The existing 23rd Street Lift Station was severely damaged during Hurricane Ike and has been on bypass pumping since the event. The Federal Emergency Management Agency(FEMA) has met with City staff on numerous occasions during the design process. The project will rehabilitate and replace structural components and install new equipment to meet demands and State and Federal regulations. The project will alter the original design of the station in an effort to prevent future diasters. Previous actions include: Resolution 09-117 in the amount of$1,296,743.00 was passed by City Council on April 28, 2009. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. 23`d Street Lift Station Rehabilitation Project September 8, 2009 Page 2 of 2 BUDGETARY IMPACT Funds for the project are being provided by the Water Fund. The City has received FEMA funds for the project and the City's participation is 25% of related costs. All items of this change order are related costs. APPROVAL OF CONTRACT CHANGE CHANGE ORDER No.One(1) DATE: August 31,2009 PROJECT: City of Beaumont,Texas 23rd Street Lift Station Rehabilitation OWNER: City of Beaumont,Texas 801 Main Street Beaumont,Texas 77704 CONTRACTOR: R&B Group,Inc. 1213 N.Durham Dr. Houston,Texas 77008 TO THE OWNER: Approval of the following contract change is requested. Reason for Change: To construct an 84"reinforce concrete(RC)manhole including RC foundation,RC top slab,and aluminum hatch in lieu of the proposed junction box and 48"reinforced concrete pipe(RCP)risers shown on the plans for a DEDUCTION in price of Bid Item No.4 of$50,000.00.Furnish and install one 30"diameter resilient wedge gate valve including valve box on the existing 30" diameter force main. ORIGINAL,CONTRACT AMOUNT: $ 1,296,74100 THIS CHANGE ORDER Description: Net Change Construct an 84"RC manhole including RC foundation,RC top slab,and aluminum hatch in $ (50,000.00) lieu of the proposed junction box and 48" RCP risers shown on the plans for a DEDUCTION in price of Bid Item No.4 of$50,000.00. Furnish and install one 30"diameter resilient wedge gate valve including valve box on the $ 38,674.81 existing 30"diameter force main. TOTAL AMOUNT OF THIS CHANGE ORDER $ (11325.191 TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $ 1,285,417.81 CONTRACT TIME Original Contract Time: 300 Calendar Days Additional Time Requested: 5 Calendar Days Revised Contract Time per this Change Order: 305 Calendar Days 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 the Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waiver 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: Schaumburg&Polk,Inc. City of Beaumont R&B Group,Inc. Engineer Owner Contractor Date: Date: Date: C:\Wwkrdm'.C"na k.W9d-.bmg&P.&'13M Street Lift Stuion10—p Qdm No.I M IN U RESOLUTION NO. WHEREAS, on April 28, 2009, the City Council of the City of Beaumont, Texas, passed Resolution No. 09-117 awarding a contract to R & B Group, Inc., Houston, Texas, in the amount of$1,296,743.00; and, WHEREAS, Change Order No. 1 in the amount of ($11,325.19) is necessary to construct an 84" reinforced concrete (RC) manhole including RC foundation, RC top slab, and aluminum hatch in lieu of the proposed junction box and 48" reinforced concrete pipe (RCP) risers shown on the plans and furnish and install one 30" diameter resilient wedge gate valve including valve box on the existing 30"diameter force main, thereby decreasing the contract amount to $1,285,417.81. 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. 1 in the amount of ($11,325.19) to delete and add items to the 23rd Street Lift Station Rehabilitation Project, thereby decreasing the contract amount to $1,285,417.81. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - RICH WITH OPPORTUNITY E r T E X A 3 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer,�, (_ MEETING DATE: September 8, 2009 REQUESTED ACTION: Council consider exercising an option to extend the current banking services agreement for one additional year and consider amending the agreement. RECOMMENDATION Administration recommends Council authorize the City Manager to exercise an option to extend the current banking services contract with Capital One Bank for an additional year and amend the agreement. BACKGROUND In October 2006, the City entered into a three-year banking services agreement with Capital One Bank. The term ofthe agreement was for three years, expiring September 30,2009,but included two (2)one-year options to extend the agreement.The City's relationship with Capital One Bank has been very good. Staff is pleased with the services and fees that Capital One Bank offers. William Koch of Valley View Consulting, our investment management consulting firm, specializes in developing requests for proposals for banking services agreements and review of the agreements. He has reviewed our agreement and fees with Capital One Bank, and it is also his recommendation that we exercise the option to extend the agreement for another year. His letter of recommendation is attached for your review. On June 16,2009,the City's Investment Policy was adopted after being reviewed by Susan Anderson and the team of Valley View Consulting. One change that was made in the Custody and Safe Keeping section of the policy was to allow pledges and releases of collateral to be approved by the designated Investment Officers of the City. The banking services agreement was based on the prior policy. The agreement needs to be updated for the Investment Officers to approve matters of collateralization instead of the current requirement for action by the City Council. The agreement and changes are attached for your review. BUDGETARY IMPACT The banking services fees will remain the same during the additional year of the agreement. Funds are included in the Finance Department's operating budget. 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 exercise an option to extend the current Bank Depository Agreement with Capital One Bank for one (1) additional year. BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute the amended Bank Depository Agreement, which is substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § BANK DEPOSITORY AGREEMENT (As Amended) The City of Beaumont,hereinafter called "City", and Capital One Bank,hereinafter called "Bank",make and enter into the following agreement: 1. The Bank has been duly selected by the City as the depository of the primary funds of the City from the 1st day of October, 2006,through the 30th day of September, 2009. The agreement may be extended for two(2)additional one(1)year periods. 2. The City does hereby agree and consent in accordance with Chapter 105 of the Local Government Code, Vernon's Texas Codes Annotated, as amended,that the Bank, in lieu of giving bond may, and it does hereby, pledge with the City Council of the City, not later than five (5)days before the commencement of the term of the contract, a surety bond or certain securities of the kind and character authorized by the Public Funds Collateral Act(Chapter 2257, Government Code), in an amount equal to the amount of funds of the City on deposit in said Bank. The securities initially deposited by the Bank, which have a total current market value at least equal to $5,100,000, are described in the attachment hereto marked Attachment"A". The securities so described are pledged with the City Council of the City of Beaumont to secure the faithful performance of all duties and obligations imposed by law upon the bank as such depository and to secure that the funds of the City shall be faithfully kept by said Bank as depository of all funds of the City and accounted for according to law, and to insure the payment of all checks drawn against the City's available funds held by the Bank as a depository thereof. EXHIBIT "A" It is hereby agreed that any suits involving a construction of this contract or the duties of the Bank arising from its status as City depository shall be tried in Jefferson County, Texas, as provided by Section 105.034(b)of the Local Government Code, Vernon's Texas Codes Annotated. The Bank, at its election,will place the authorized securities for safekeeping in a custodial account at a Federal Reserve Bank, a trust department of a commercial bank, or through another financial institution not owned or controlled by the Bank or its holding company. The securities are to be released only upon the joint written authorization of the City and the officials of the Bank. The Bank may substitute or exchange securities held in the custodial account as outlined in a separate section of this agreement. A Custodial Agreement between the Bank,the institution providing the safekeeping of the pledged securities(hereinafter called the Custodial Institution), authorizing the Custodial Institution to provide custody of securities for collateralizing City deposits, should be executed and signed by officials of the Bank, Custodial Institution and the City if the Custodian will agree to sign such an agreement. In any event, the Bank will not request release of the securities from the Custodial Institution unless the Bank has obtained written authorization of the City. It is agreed that should the funds of the City on deposit with the Bank exceed the market value of the securities pledged, the Bank shall, as provided in accordance with the Public Funds Collateral Act (Chapter 2257, Government Code), immediately pledge with the City other securities, which additional securities so pledged shall be approved by the Investment Officers and all of the securities so pledged shall be of sufficient market value so that the entire securities pledged shall equal or exceed 102% of the aggregate market value of the deposit or investment including accrued interest of the City's funds on deposit in said Bank less an amount insured by the Federal Deposit Insurance Corporation; and further, that the Bank may withdraw such of said securities from time to time as may be permitted by the Investment Officers so long as the market value of the securities so pledged shall at all times equal or exceed 102% of the amount of the City's funds on deposit with the Bank, it being contemplated that the Bank shall at all times have pledged with the City approved bonds and securities of market value equal to 102% of the amount of the City's funds on deposit with the Bank. The City may require additions to this amount at any time during the contract period. However, at no time during the contract period shall the current market value of securities fall below$5,000,000. The new and additional securities pledged from time to time shall at once be held by it on the same basis and terms as the securities itemized in Attachment"A"hereto; and the said custodial institution shall release and deliver to the Bank only such part or portion of said securities so pledged as the Investment Officers of the City of Beaumont may authorize and direct in writing to be released and delivered to the Bank. All of the securities so pledged by the Bank shall be returned to it at the end of the contract period, providing the Bank has fully and faithfully performed and discharged all of its duties and obligations as depository as prescribed by law and as set forth in this Agreement. The Bank shall furnish to the said custodial institution written evidence from the City stating that the Bank has complied with this contract and has started out full and faithful performance of all the Bank's duties and obligations as depository before the Bank shall be entitled to have the securities returned to it at the end of the contract period. 3. Should the Bank at any time desire to substitute other securities for those pledged with the City and on deposit with the said custodial institution, the City will permit such substitution providing the securities which the Bank offers to substitute meet the requirements of law and are satisfactory to the City and are approved by the Investment Officers. 4. The custodial institution is authorized to clip the maturing interest coupons on the securities which they hold under this Agreement and deliver them or their proceeds to the Bank; provided, however,that if and when notified by the City in writing to discontinue this practice,the custodial institution shall obey such instructions, and they shall thereafter hold such proceeds. In addition, in the event interest payable on securities held under this agreement are not payable by a surrender of coupons and/or in the event ownership of such securities is not in bearer form, City agrees to execute bond powers,releases and such other documentation as Bank, custodial institution or the applicable indenture trustee or paying agent may require in order to permit Bank or custodial institution, as the case may be,to redeem maturing securities and/or obtain maturing interest payments. 5. Should the City at any time become dissatisfied and desire to move the securities from one custodial institution to some other institution, it is hereby given the right,power, and authority to do so; but before any such removal of the said securities is made by the City, it shall give the Bank five(5)days written notice of its desire and intention to so remove and change the place of keeping such securities; but in all events, such bonds and securities shall be kept in a custodial account at the Federal Reserve or in some national bank not owned or controlled by the depository institution or its holding company located in one of the Federal Reserve bank cities in the State of Texas, and the bank where such securities are kept and held shall be satisfactory to both parties to this contract. 6. The Bank agrees to provide to the City the banking services described in Attachment`B" attached hereto and made a part hereof for all purposes. The fees for such services are set out in said Attachment`B." The"annual costs" are illustrative only and the unit costs shall be used to compute the costs of banking services under this Agreement. All the agreements,terms and conditions stated in Attachment"B" are a part of this Agreement. 7. Except to the extent inconsistent with or specifically superseded by the terms of this Bank Depository Agreement, Bank's Terms and Conditions of Deposit Accounts shall govern the rights and remedies of Bank and City with respect to funds deposited at Bank by City. 8. This agreement is terminable by either party by giving written notice to the other specifying the date of termination. Said notice shall be given not less than one hundred and twenty(120)days prior to the termination date therein specified. 9. IN WITNESS WHEREOF,the City of Beaumont and Capital One Bank,have caused their signatures and corporate seals to be affixed hereto in triplicate originals in Beaumont,Texas,this the day of 2009. By: Kyle Hayes, City Manager CITY OF BEAUMONT By: Title: CAPITAL ONE BANK Y {b l June 17, 2009 Laura Clark, CFO City of Beaumont 801 Main Street Beaumont, TX 77701 Dear Ms. Clark: As a part of our Investment Advisory service, we have reviewed the City's Bank Depository Contract relationship with Capital One Bank. The initial term of the contract was for the three year period of October 1, 2006 through September 30, 2009, with the provision for two additional one-year contract extensions. As part of this review: • We compared the March 2009 Group Level Account Analysis statement services, volumes, and fees with the Capital One proposal. The City's service charge of $3,575.04 for the month is in compliance with the contract for the services and volumes being reported. The fees remain fixed for the term of the contract. • We also compared the fees for services being charged the City with the fees being proposed to other governmental entities in other markets and found Capital One's fees to be competitive. • We found that in April 2009, the City's Concentration Account earned $1,053.67 on average collected balances of $2,872,259.82 or .446%, which is consistent with the contract formula for computing interest earnings (on average ledger balances) of 90- day T-Bill rate plus 27 bps. • In accordance with the contract and state law, the City's funds on deposit are either protected by FDIC insurance, or have acceptable securities pledged as collateral by the Bank that are held for the benefit of the City by the Federal Reserve Bank, the custodian. • The City employs an effective bank structure and cost-effectively utilizes banking services, including the available fraud protection tools. 2428 Carters Mill Road, Huddleston, VA 241-4-4003 540.297.3419 Page 2 of 2 • According to staff, the Bank has been responsive and performed up to expectations as a business partner and service provider. As a result of this review and in view of the findings stated above, we believe that it is in the City's best interest to exercise the option to extend the contract with Capital One for one additional year. We also suggest that the contract be amended to permit the City's Investment Officers to approve matters of coI lateral ization instead of the current requirement for action by the City Council. Please let us know if you have any questions or need additional information. Sincerely, William J. Koch 2428 Carters Mill Road, Huddleston, VA 24104-4003 540.297.3419 RICH WITH OPPORTUNITY r T - E • A • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER 8, 2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-3/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Chapter 7, Article VI of the Code of Ordinances regulating Sexually Oriented Businesses 2. Consider authorizing an interlocal agreement for natural gas supply for use by the Beaumont Transit System 3. Consider authorizing the City Manager to enter into contracts for the provision of relocation assistance with the owners of two houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program PUBLIC HEARING * Receive comments on the 2009 (FY 20 10)Proposed Tax Rate 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: Douglas Manning, et al v. City of Beaumont Derrick Newman v. David Todd Burke, et al Fannett Entertainment, Inc., v. City of Beaumont, et al 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 8, 2009 Consider amending Chapter 7, Article VI of the Code of Ordinances regulating Sexually Oriented Businesses i RICH WITH OPPORTUNITY r ► � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorne��� MEETING DATE: September 8, 2009 REQUESTED ACTION: Consider an ordinance amending Article VI, Chapter 7, regulating sexually oriented businesses. RECOMMENDATION Administration recommends approval of the proposed amendments to Chapter 7 regulating sexually oriented businesses. BACKGROUND On January 25, 2000, the Council adopted uniform regulations for the licensing of sexually oriented businesses in the City of Beaumont. Changes in the laws and ongoing court interpretations makes it necessary to periodically review and modify these ordinances in order to remain current. What is proposed for your consideration are primarily matters of legal concern. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ARTICLE VI, CHAPTER 7, SUBSECTIONS 7-83(d), 7-83(f)(3), 7-83(h)(3), 7-84(a), 7-84(e)(1), 7-84(e)(3), 7-84(e)(1 2), 7-84(k), 7-86(a), 7- 87(b), 7-95, 7-105(a) and 7-105(a)(1); AND REPEALING SUBSECTIONS 7-84(d) and 7-84(e)(13) OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY, PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, the City Council of the City of Beaumont passed Ordinance No. 00-10 for the purpose of regulating sexually oriented businesses in the City of Beaumont in order to promote public health, safety and welfare of the citizens of the City and to establish reasonable and uniform regulations; and WHEREAS,the City Council hereby reaffirms the findings previously adopted based upon the evidence presented concerning the adverse secondary effects of adult sexually oriented businesses on the citizens and community of Beaumont; and WHEREAS, the City Council recognizes the need to modify from time to time its ordinances to comport with current laws and court interpretations and finds it is in the best interest of the citizens of the City of Beaumont to do so; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the findings contained in the preamble of this Ordinance are determined to be true and correct and are hereby adopted as part of this Ordinance. Section 2. That Article VI, Chapter 7, Subsection 7-83(d), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (d) All applicants must be qualified according to the provisions of this article. Section 3. That Article VI, Chapter 7, Subsection 7-83(f)(3), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (f) The completed application for a sexually oriented business license shall contain, at a minimum, the following information and shall be accompanied by the following documents: (3) If the applicant, or a person residing with the applicant, has been convicted of, or had been released from jail for, a specified criminal activity as defined in this article within the five (5)year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense, the application shall include documentation stating the specific criminal activity involved, the date, place, and jurisdiction of each activity. Section 4. That Article VI, Chapter 7, Subsection 7-83(h)(3), be and the same is hereby amended to read as follows: Sec. 7-83. License required. (h) Attached to the application form for a sexually oriented business employee license as provided above shall be the following: (3) A statement whether the applicant has been convicted of, or had been released from jail for, a specified criminal activity, as defined in this article, within the five (5) year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense and, if so, the specified criminal activity involved, the date, place and jurisdiction of each conviction. i Section 5. That Article VI, Chapter 7, Subsection 7-84(a), be and the same is hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (a) Within thirty (30) business days of receipt of an application, either original or renewal, for a sexually oriented business, if necessary the city (including its health, fire, police, zoning and building codes and other city departments) shall inspect the premises of a sexually oriented business and the city shall grant or deny the requested license and give written notice to the applicant as to the decision, unless such time period is extended at the request of the applicant. The applicant may request, in writing, that such period be extended for an additional period of not more than ten (10) business days. Written request must be delivered to the city clerk and chief of police. Section 6. That Article VI, Chapter 7, Subsection 7-84(d), be and the same is hereby repealed. Section 7. That Article VI, Chapter 7, Subsections 7-84(e)(1), (3), and (12), be and the same are hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (e) The sexually oriented business or sexually oriented business employee license shall be denied upon a finding by the city of any of the following facts: (1) The applicant failed to supply all the information requested on the application; (3) The applicant has been convicted of, or had been released from jail for, a specified criminal activity as defined in this article, to wit: a felony within the five (5) year period prior to the date of the application or a misdemeanor within the two (2) year period prior to the date of the application; (12) The applicant or a person with whom the applicant is residing has been convicted, or had been released from jail for, of a specified criminal activity as defined in this article within the five (5)year period prior to the date of the application for a felony offense or within the two (2) year period prior to the date of the application for a misdemeanor offense; Section 8. That Article VI, Chapter 7, Subsection 7-84(e)(13), be and the same is hereby repealed. Section 9. That Article VI, Chapter 7, Subsection 7-84(k), be and the same is hereby amended to read as follows: Sec. 7-84. License — Issuance or denial. (k) Upon a finding from a preponderance of the evidence presented at the hearing that cause exists for denial of the license, the hearings officer shall order the application be denied. The hearings officer shall issue a written order to the applicant pursuant to this article. Section 10. That Article VI, Chapter 7, Subsection 7-86(a), be and the same is hereby amended to read as follows: Sec. 7-86. Inspection. (a) An applicant or licensee shall permit representatives of the police department, health department,fire department,zoning division, or other city department or agency to inspect the premises of a sexually oriented business for the purpose of insuring compliance with federal, state or city statutes, codes, ordinances, or regulations, at any time it is occupied by the person managing the premises or open for business. Section 11. That Article Vl, Chapter 7, Subsection 7-87(b), be and the same is hereby amended to read as follows: Sec. 7-87. Expiration of license. (b) If subsequent to denial, the city finds that the basis for denial of the renewal license has been corrected or abated, the applicant may be granted a license if at least forty-five (45)days have elapsed since the date the denial became final. Section 12. That Article VI, Chapter 7, Subsection 7-95, be and the same are hereby amended to read as follows: Sec. 7-95. Prohibition against persons younger than eighteen in a sexually oriented business. 1. (a) A person commits a misdemeanor if the person intentionally, knowingly, recklessly or negligently allows a customer under the age of eighteen (18) years on the premises of a sexually oriented business during the hours of operation. (b) It shall be the duty of the licensee and operator of each sexually oriented business to ensure that an attendant is stationed at each public entrance to the sexually oriented business at all times during such sexually oriented business' regular business hours. It shall be the duty of the attendant to not allow any customer under the age of eighteen (18) years to enter the sexually oriented business. It shall be presumed that an attendant knew a customer was under the age of eighteen (18) unless such attendant asked for and was furnished: (1) A valid operator's, commercial operator's, or chauffeur's drivers license; (2)A valid personal identification certificate issued by the Texas Department of Public Safety reflecting that such person is eighteen (18) years of age or older; or (3) Identification card issued by the State of Texas, the military or the United States or a foreign country. Section 13. That Article VI, Chapter 7, Subsections 7-105(a) and 7-105(a)(1), be and the same are hereby amended to read as follows: Sec. 7-105. Hearing. (a) When the city manager receives a timely written request for a hearing concerning the denial of a license or the suspension or revocation of a license, the city manager shall initiate the public hearing procedure, as follows: (1) The city manager shall appoint a hearings officer and a date and location shall be set for the public hearing to be held within fourteen (14) business days of the receipt of the written request for hearing. Section 14. That the meeting at which this Ordinance was approved was, in all things, conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 15. 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 16. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 17. That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - 2 September 8, 2009 Consider authorizing an interlocal agreement for natural gas supply for use by the Beaumont Transit System RICH WITH OPPORTUNITY BEA,[1M"0N*, T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 8, 2009 REQUESTED ACTION: Council consider authorizing an interlocal agreement for natural gas supply for use by the Beaumont Transit System. RECOMMENDATION Administration recommends the establishment of an interlocal agreement with the Texas General Land Office(GLO), in the estimated annual amount of$237,000. BACKGROUND In conjunction with the purchase of CNG fueled busses, the City constructed a CNG fueling station, which was completed in January 2008. Natural gas for use by the new city bus fleet is currently supplied through Pinnacle, Inc., via Centerpoint, the local utility. The charge for the gas, including transportation costs, is $12.79 per million cubic feet (MMCF), which is approximately$34,000 per month. Due to the 1992 implementation ofFederal Energy Regulatory Commission(FERC)Order 636,large volume users may contract for purchase of the gas commodity independently from the supplying utility or pipeline. The GLO has established a program, through the use of an interlocal agreement, which can supply our gas requirements at a 24 month price average of $5.00 per MMCF, plus transportation charges of approximately$15,200 per month. In total, for fiscal year 2010, gas purchase and transportation charges will be approximately$237,000;as compared to approximately$441,500 at our current rates. Under the authority granted by Texas Government Code 1291.025(c),the GLO program satisfies the requirement for competitive bidding for this service. There are no local vendors who are authorized shippers on the Centerpoint system,therefore no adverse affect on local economic activity.All income from the GLO contract, because the gas is generally that taken from state lands, is returned directly to the State Permanent School Fund. BUDGETARY IMPACT Funds are available in the Municipal Transit Fund's operating budget. i RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute an interlocal agreement with the Texas General Land Office in the estimated annual amount of $237,000 for natural gas supply for use by the Beaumont Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - 3 September 8, 2009 Consider authorizing the City Manager to enter into contracts for the provision of relocation assistance with the owners of two houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program RICH WITH OPPORTUNITY C , T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: September 8, 2009 REQUESTED ACTION: Consider authorizing the City Manager to enter into contracts for the provision of relocation assistance for two owners of houses flooded during Hurricane Ike in conjunction with the approved Hazard Mitigation Grant Program's Acquisition and Demolition Program. RECOMMENDATION The Administration recommends approval. BACKGROUND: As a result of Hurricane Ike, some homes located within the floodplain, east of Pine Street, received flood damage. Because the City's floodplain land use ordinance requires that homes in the floodplain that are substantially damaged be elevated prior to repair, many residents have found elevating their homes and repairing them difficult if not impossible. In order to provide relief to the residents and avoid future, repetitive flooding of these homes, the City applied for Hazard Mitigation funds to acquire and demolish these homes. The City was successfully awarded this grant for acquisition and removal of sixteen (16) homes. To date, we have inspected and secured appraisals for each of the sixteen(16)homes and made purchase and relocation offers. The amount of relocation assistance is based on the grant formula and differs, depending upon the resident's desire to secure rental housing or purchase a new home. Please note that purchase agreements were previously approved for 3150 Taliaferro in the amount of $22,738.60 and 385 E Delaware in the amount of$10,000. Address Owners Name Relocation Amount 385 E Delaware Marshall Terry $22,500.00 3150 Taliaferro Timmie Bell $17,200.00 Total: $39,700.00 FEMA Grant Amount(at 75%) $29,775.00 Local CDBG Match Amount (at 25%) $9,925.00 This grant provides seventy-five percent (75%) of the costs, with a required twenty-five percent (25%)local match, which will be paid through a reallocation of 2008 Program Year CDBG demolition funds. It is expected that additional purchase contracts will be forthcoming as offers are accepted by the homeowners. Once these properties are acquired, the City will demolish these homes and deed restrict the properties, to prevent future flooding losses. These costs will also be covered by the grant. BUDGETARY IMPACT Funds this local match are available through the 2008 Program Year CDBG Budget. OWNER RELOCATION AGREEMENT 200 by and day of aAA_ THIS AGREEMEN as hereinafter referred to as `CTTY"and Tim ie Bell,hereinafter referred T is made and entered into this.Z Y between the City of Beaumont,Tex to as the"RECIpIENT" WITNESSETH: Governor's t from the Texas Department of Public Safety, which the The CITY is acting under a federal gran in Beaumont,Texas in ement(GDEM)to Purchase certain property Division of Emergency Manag the physical address, 3150 Taliaferro and described as Mt Olive SELLER owns a parcel of land known by m which the RECIPIENT resides. Lot 13 Block 4 Abstract 045250,(the"Property ) ant funds to assist the RECIPIENT in fin�g the State and FEMA have allocated additional grant THAT, and sanitary replacement home,outside of the floodplain. and affording a decent,safe, e and entered into a voluntary THAT,the RECIPIENT was te owner ro f the above-referenced Property agreement to sell the above-referenced Property CITY' e-referenced re resents that he resided in the abov Relocation As RECIPIENT THAT, the RECIPIENT Environmental justice the P RECIPIENT meets the qualification requirements for En T(collectively,the"Parties")agree as follows: NOW,THEREFORE,CITY and the RECIPIEN both parties and after the REC��NT a the 1�CIPIENT the sum of Seventeen Th P and Two Hundred and IpIEN 1. CITY agrees to pay Agreement by ($17,200.00) payable upon acceptance of this Agr has vacated the above-referenced Property• applicable procedures as follows: 2 The amount to be paid was determined in accordance with PRESENT COST NEW COST DIFFERENCE ITEM $40,000.00 $57,200.00 $17,,200-00 purchase of replacement home $17,200.00 Amount of City contribution toward replacement home $17,200.00 Total benefits to be paid= � a ent will satisfy any and all obligations of the CITY 3 The RECIPIENT acknowledges that a ept thi•p)ayment as comp lete and full compensation. as to this transaction and egr to review this Agreement and that RECIPIENT acknowledges that he has had an opportunity of his choice to review this 4. The olty, if he so chooses, to contact an attorney the nature thereof and he has had an oPP Agreement fully understanding Agreement and the RECIPIENT I the CITY as a result of this Agreement or anything incident to the p IPIENT enters into this Agr' saves and holds harmless of the above-referenced Property. s of the Parties. This Agreement is binding upon the heirs,executors,successors,and assign 2009 l 2 J DATED this_2L day of vI 1 �M WIJNESS RECIPIENT I�C SS WI LENT Accepted by: CITY OF BEAtJM�NT OWNER RELOCATION AGREEMENT THIS AGREEMENT is made and entered into thi�day of G 200q, by and between the City of Beaumont, Texas, hereinafter referred to as"CITY" and Wrshell G Terry, hereinafter refetTed to as the"RECIPIENT." W[TN ESS ETH: 355' The CITY is acting under a Federal grant from the Tcxu ep..tmont of Public Safety, Governor's Division of Emergency Management(GDEM)to purchase certa property in Beaumont, Texas in which the SELLER owns a parcel of land known by the physical address, E. Delaware and described as Part of Mt Olive Lot 15, Lot 17, Block 3 Abstract 045250,(the"Property")in which the RECIPIENT resides. THAT,the State and FEMA have allocated additional grant funds to assist the RECIPIENT in finding and affording a docent,sa'Pe,and sanitary replacement home,outside of the floodplain. THAT,the RECIPIENT was the Owner of'the above-referenced Property and entered into a voluntary agreement to sell the above referenced Property to CITY. 'THAT, the RECIPIENT represents that he resided in the above-referenced residence and that the RECIPIENT meets the qualification requirements for Environmental Justice Relocation Assistance. NOW,THEREPORE,CITY and the RECIPIENT(collectively,the"Parties")agree as follows; I. CITY agrees to pay the RECIPIENT"the surn of Twenty Two Thousand Five Hundred and No/100 ($22,500.00) payable upon acceptance of this Agreement by both parties and after the RECIPIENT has vacated the above-referenced Property. 2. The amount to be paid was determined in accordance with applicable procedures as follows: ITEM PRESENT COST NEW COST DIFFERENCE Purchase of replacement home S 10,000,00 $32,500.00 $22,500.00 Amount of City contribution toward replacement home $22,500,00 Total benefits to be paid= 522,500.00 3, The RECIPIENT acknowledges that this payment will satisfy any and all obligations of the CITY as to this tt•artsaction and agrees to accept this payment as complete and full compensation. 4, The RECIPIENT acknowledges that oe has had an opportunity to review this Agreement and that he has had an opportunity, if he so chooses, to contact an attorney of his choice to review this Agreement and the RECIPIENT enters into this Agreement fully understanding the nature thereof and saves and holds harmless the CI'T'Y as a result of this Agreement or anything incident to the purchase of the above-referencul Property, This Agreement is binding upon the heirs,executors,successors,and assigns of the Parties. DATED tlti O clay of 2009 RECIPIENT WITNESS RECIPIENT WITNESS �- Accepted by: CITY OF BEAUMONT 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 contracts with the owners of homes flooded during Hurricane Ike for the provision of relocation assistance through the Hazard Mitigation Grant Program's Acquisition and Demolition Program as described below: Address Owners Name Relocation Amount 3150 Taliaferro Timmie Bell $17,200.00 385 E Delaware Marshall Terry $22,500.00 Total: $39,700.00 FEMA Grant Amount(at 75%) $29,775.00 Local CDBG Match Amount(at 25%) $ 9,925.00 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 8th day of September, 2009. - Mayor Becky Ames - PUBLIC HEARING * Receive comments on the 2009 (FY 2010) Proposed Tax Rate RICH WITH OPPORTUNITY BEA,IIMON* T • E • x • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura H. Clark, Chief Financial Officer MEETING DATE: September 8, 2009 REQUESTED ACTION: Council to hold a third public hearing on the 2009(FY 2010) Proposed Tax Rate. RECOMMENDATION Administration recommends that Council hold a third public hearing, as scheduled, on the 2009(FY 2010)Proposed Tax Rate of$0.6400. In accordance with the Property Tax Code,the Council must make the following announcement: The meeting to vote on the tax rate will be held on September 22, 2009 at 1:30 p.m. in the Beaumont Civic Center. BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the lower of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax Increase is required to be published in the newspaper, on the city website, and on a television channel, if available. The notice was published in the newspaper, on the website and on the cable 4 channel on August 18, 2009 and on August 25, 2009 regarding the proposal to increase total tax revenue from properties on the tax roll by 3.55%. Although the proposed tax rate is remaining the same, the increase is related to an increase in appraised values and new property added to the tax roll this year. The first public hearing was held on August 25, 2009 and the second public hearing was held on September 1, 2009. Holding the third hearing on September 8, 2009, with a scheduled voting day of September 22, 2009, will put the City in compliance with the truth-in-taxation requirements. BUDGETARY IMPACT Applying the proposed tax rate of$.6400 and a 97% collection rate, budgeted revenues of $28,003,000 and $12,703,000 respectively to the General and Debt Service Funds are anticipated. The total rate of$0.6400 is apportioned $0.440277/$100 assessed valuation to the General Fund and $0.199723/$100 assessed valuation toward the Debt Service Fund.