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PACKET SEP 22 2009
RICH WITH OPPORTUNITY r T • E • X • A • S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER 22, 2009 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Charles Taylor would be appointed to the Small Business Revolving Loan Fund Board. The term would commence September 22, 2009 and expire September 21, 2011. (Councilmember Audwin M. Samuel) Charles Taylor would be appointed to the Community Development Advisory Committee. The term would commence September 22, 2009 and expire September 21, 2011. (Councilmember Audwin M. Samuel) Dana L. Timaeus would be reappointed to the Board of Adjustment (Zoning). The current term would expire May 12, 2011. (Mayor Becky Ames) Dana L. Timaeus would be appointed as the Chairman of the Board of Adjustment (Zoning). The term would commence September 22, 2009 and expire September 21, 2010. (Mayor Becky Ames) Pat Avery would be appointed as the Vice Chairman of the Board of Adjustment (Zoning). The term would commence September 22, 2009 and expire September 21, 2010. (Mayor Becky Ames) Georgine Guillory would be reappointed to the Community Development Advisory Committee. The current term would expire June 11, 2011. (Councilmember Jamie Smith) William Sam would be reappointed to the Community Development Advisory Committee. The current term would expire June 11, 2011. (Councilmember Jamie Smith) Ryan Smith would be reappointed to the Convention and Tourism Advisory Board. The current term would expire September 11, 2011. (Councilmember Alan B. Coleman) Darlene Chodzinski would be reappointed to the Historic Landmark Commission. The current term would expire September 3, 2011. (Mayor Becky Ames) Marie Broussard would be reappointed to the Historic Landmark Commission. The current term would expire September 3, 2011. (Councilmember Nancy Beaulieu) Norris Turner would be reappointed to the Historic Landmark Commission. The current term would expire June 18, 2011. (Councilmember Jamie Smith) Ethelyn Jenkins would fill the unexpired term of Tracy Richardson to the Historic Landmark Commission(County Historian). The term would commence September 22, 2009 and expire January 15, 2010. (Mayor Becky Ames) Alma Hodge would be reappointed to the Library Commission. The current term would expire July 10, 2011. (Mayor Pro Tern Gethrel Williams-Wright) Kathleen Leaf would be reappointed as the Chairman of the Library Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) Gwin Genn would be reappointed as the Vice Chairman of the Library Commission. The current term would expire April 7, 2010. (Mayor Becky Ames) Georgine Guillory would be reappointed to the Small Business Revolving Loan Fund Board. The current term would expire June 11, 2011. (Councilmember Jamie Smith) A) Authorize the settlement of the lawsuit styled Douglas Manning, et al v. City of Beaumont B) Authorize the approval of Change Order No. 1 and a final payment related to the School Sidewalk Program Project C) Approve contracts for the purchase of limestone base material D) Authorize the City Manager to execute all documents necessary to accept traffic safety grant funds from the Texas Department of Transportation E) Authorize the City Manager to execute all documents necessary, specifically including a License Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall F) Authorize the acceptance of a ten (10) foot wide water line easement providing access for fire protection services for Classic Chevrolet G) Authorize the execution of a License to Encroach Agreement for a structure encroaching onto a city waterline easement A RICH WITH OPPORTUNITY I'Ll . � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Managery PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: September 22, 2009 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Douglas Manning, et al v. City of Beaumont RECOMMENDATION Administration recommends approval of a resolution authorizing the settlement of a lawsuit styled Douglas Manning, et al v. City of Beaumont, Texas al v. City of Beaumont, Texas (Donna Manning) in the amount of $201,000.00. BACKGROUND This matter was most recently presented and discussed in Executive Session held on September 8, 2009. The City Attorney is requesting authority to settle this suit. BUDGETARYIMPACT There are sufficient funds in the General Fund to pay the settlement amount. RESOLUTION NO. WHEREAS, the lawsuit styled Douglas Manning, et al v. City of Beaumont (Donna Manning) was discussed in Executive Session properly called and held Tuesday, September 8, 2009, and, WHEREAS, the Council desires to authorize the settlement of the lawsuit styled Douglas Manning, et al v. City of Beaumont (Donna Manning); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit styled Douglas Manning, et al v. City of Beaumont(Donna Manning)for the sum of Two Hundred One Thousand Dollars ($201,000). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - I B RICH WITH OPPORTUNITY r 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 22, 2009 REQUESTED ACTION: Council consider a resolution authorizing approval of Change Order No. 1 in the amount of$88,127.29 and final payment in the amount of$100,606.77 related to the School Sidewalk Program. RECOMMENDATION Administration recommends approval of the change order and final payment to LD Construction. BACKGROUND On April 15, 2008, City Council awarded LD Construction the contract for the School Sidewalk Program Project in the amount of S770,464.00. The improvements occurred on McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Street; Usan Street, West Virginia to Sarah Street; and Sarah Street, Usan Street to Bob Street. Due to an increase in the construction quantities, Change Order No. 1 in the amount of $88,127.29 is required to adjust the estimated quantities during the performance of the project increasing the contract amount to $858,591.29. The project has been inspected by the Engineering Division and found to be complete in accordance with the provisions and terms set out in the contract. BUDGETARY IMPACT Funds are available in the Capital Program. CITY OF BEAUMONT DATE: August 24,2009 PROJECT: SCHOOL SIDEWALK PROGRAM OWNER: CITY OF BEAUMONT CONTRACTOR: LD CONSTRUCTION CHANGE ORDER NO.: 1(FINAL) THE FOLLOWING CHANGES IN THE PLANS AND/OR SPECIFICATIONS ARE HEREBY MADE: Adjust the Estimated Quantities to reflect the Actual Quantities used in completing the project. ORIGINAL CONTRACT AMOUNT: $770,464.00 NET FROM PREVIOUS CHANGE ORDERS: $770,464.00 *TAL AMOUNT OF THIS CHANGE ORDER: $88,12729 RCENT OF THIS CHANGE ORDER: 11.44 TOTAL PERCENT CHANGE TO DATE: 11.44% NEW CONTRACT AMOUNT: $858,591.29 CONTRACT TIMES IS NOT AFFECTED BY THIS CHANGE ORDER ACCEPTED BY: CONTRACTOR APPROVED BY: JORIS P.COLBERT,P.E. CITY ENGINEER THOMAS A.WARNER,P.E. DIRECTOR OF PUBLIC WORKS KYLE HAYES,CITY MANAGER ATTESTED BY: CITY CLERK_ 0 CITY OF BEA* ESTIMATE PAGE ROJECT: SCHOOL SIDEWALK SAFETY PROGRAM 'CONTRACT AMOUNT-- $770,4 PERCENT OF TIME USED: 100.00% J P,CONTRACTOR: LD CONSTRUCTION CONTRACT DATE: _APRIL 15,2008 PERCENT OF WORK COMPLETED: 111.44% MONTHLY ESTIMATE NO.: 14 CONTRACT CALENDAR DAYS: 36 ,PERIOD ENDING: AUGUST 1-31,2009 CALENDAR DAYS USED: 36_0 CHANGE ORDERS: NO.01 (FINAL) ITEM DESC ( DESCRIPTION UNREST REVIOUS l TO DATE TOTAL ESTIMATE - UNIT TOTAL NO. CODE _ MEASURE QTY ESTIMATE j ESTIMATE TO DATE PRICE AMOUNT $20.001 -- 104 003 REMOVING CONCRETE 6"CURBAYS LF 588.00 963.501 -- $4,552.00) 633.54 0 104 001 REMOVING CONCRETE SIDEWALK -_ - - -- -SY 116 001-- 227 60- t 70 0 - _ 2,663.50 $10.00 ( ) h $12,670.80 1 110 001 EXCAVATION(SIDEWALK) CY 1,030.00 1 030.00 _-0.00 _ __-_ 1,0 0 $20.00 $26,635.00 ( ) 20 00 12.86 0.00_ 12.86 $50.00 $643.00 104 004 REMOVING CONCRETE(RIPRAP) SY i _ _ _ _ $20,600.00 1321 001 EMBANKMENTEROSI EROSION -- ---- -_--_ CV I 33 3 0.00 --- _311.58 �- _ $20.00, $6,231.60 310 } 001 SEEDING OORAEROS.CNTRL(CELLULOSE FIBER MULCH) -_ -----�+ GAL --_ 2500!-- _ 26.001 _- -- 0.0�_-_ - 26.001 - $5,000.001$ $5453.05 $0.00 162 001 SODDING FOR EROSION CONTROL SY 4,360 00 1 090 61 0.00 1,090.61 5.001- - .453.00 -- 1 340 001 DENS GRADED HOT MIX ASPH(TY D)(2")(PG-64) TN 50.00 140.82 0.00 140.82 $200.00 $28,164.00 - --- �- - - 002 CEMENT NT STABILIZED BACKFILL(11/2 SACK/GY) _ - - �- CY � --.--- --- $ __ $21,99720 400 001 EXCAVATION 8 BACKFILI FOR STRUCTURES(PIPES) CY 1 056 00 -- 12 861 0.00 12 86 $68,397.00, 43 0 RIPRAP CONC.)(CL.A)(5) SY 56.001 956.00 0.00 911.96 56.00 $200.00 -_$1,286 00 � 1099.86 0.00 1099.66 $20.00 450 1 001 1RAILINGS(PEDESTRIANS)(12FT) - - - _- LF----�-144.00 -- 138.00 -- -___---._----1.38.�O $11,200.001 4640 001 IIIPVC PIPES 10" LF 44 - U5.106.00 1 4640 002 4640 003 �HDPE PIPES 18"(TY...._1-.-_- ,S)- LF _- 0.00 _-_-_ 1.431.001 $45001 _--$64.395.001 LF 443.00 319 00 004 -..(-- ) --.-. _.- LF 948001 143100 - 4640 005 HOPE PIPES 30 TY.S ~ LF 386.001 199.00 0.00 199.00 $55.00 $10,945.00 4640 006 HDPE PIPES 36"(TY.S) 1 LF 175.00 167.00 0.00 167.00 $60.00 $10,020.00 4640 007 HDPE PIPES 48"(7Y.S) LF 51.00 40.001 0.00 40.00 $80.00 $3,200.00 _- 465 001 JUNCTION BOX _- EA r 9.001 -- 5 5� 0.00 5.50 $5,000.00 $27,500.00 466 002 467 001 SAFETY END TREATMENT (24)")(6C'.�1)(PARALLEL) -+- EA 20.00i.001 26.00 2 001 Lo O 26.00! $4,000.001 g."r T 0.00 2.00! $1000.00 $2,0 - - - 12.00 700 -- 0.00 7.00! -- $3000.00I $21,o00.00, 0 467 001 SAFETY END TREATMENT(TY.1)(48")(6:1)(PARALLEL) EA 1.00 too 0.00 1.00 $4000.001 $4,000.00! 479 001 ADJUSTING GATE VALVE COVER EA _4.00 0.00! 0,00 0.00 $100.00-. $0.001 479 002 1 REMOVEIREPLACE WATER METER BOX(USE CONC BOX) EA 11.00 4 OO 0,00 4.00 $300.00 $1,200.001 496 001 REMOVE OLD STRUCTURES(PIPES) LF 546.001 591 m 1 0.00 9"001 $10.00[ $5,91000] 500 001-..!MOBILIZATION------_-._ ---- -- ----- - _.. - _-- LS 1.00 0901-__ 0.10 1.001 $62,000.00; - $62,000.00i PRCITY OJEOCT BEASL SIDEWALK SAFETY PROGRAM - - CONTRACT(ESTIMATE : $770, - (PERCENT OF TIME USED: 100.001/1 l PAGE�oF !MONTHLY ESTIMATE NO.:NST SUCTION -- -- _ CONTRACT CALENDAR DAYS: 15,2 360 I�RCENT OF WORK COMPLETED: 111.44% 1 (PERIOD ENDING: AUGUST 1-31,2009 CALENDAR DAYS USED: 360 CHANGE ORDERS: sot 001 DESCRIPTION -+-UNIT EST. PREVIOUS+-TO DATE j TOTAL ESTIMATE UNIT TOTAL ooa o0 NO CODE - - -- -- -_ _ aa. o $1,110000L AMOUNT MEASURE QTY. ESTIMATE ESTIMATE- TO DATE PRICE - ITEM ,DESC 506 001 TEMP.EROS. SIGNS AND TRAFFIC HANDLING MO 6.00 12 001 0.00 12.00 BARRICADES &SED.CONTROL(FABRIC SILT FENCE) �F �,�84 00 44.00 0.00 0 $ $88.001 506 002 TEMP.EROS.8 SED.CONTROL(HAY BALES) EA 32.00 0.00 0.001 0.00 $50.00l $0.00 _- 506 003 TEMP.EROS 8 SED.CONTROL(BIO.DEGR.BERM)(LOG) EA 2.00] 2.00 0.00 2.00 $200.00 $400.00 506 004 TEMP.EROS&SED.CONTROL(INLET PROTECTION) EA 8 00 _0.00 0.00 0.00 $500.00 $0.00 - _ 530 002!CONC.DRIVEWAYS(4')CL.K(MODIFIED) SY 600.00, 633.541 14.931 648471 $50.00 $32,423.50 F_31 I 001 CONC.SIDEWALK(4')(CL A)(INCL.2"SAND BEDDING) SY 4271.001 4,262.131 5.951 4,268.081 $33.00 $140,846.64 I-�r531 003 WC RAMPS(CL.A)(INCL.2'SAND BEDDING)(CIP)(TY 7) EA 2.00 1.001 0.00 1.001 $2,000.00 $2,000.00 002 WC RAMPS(CLA)(INCL 2"SAND BEDDING'(CIP;(TY 2) EA __- - ( -_- _ _ 531 _ __ I l 1- 2 001 3.00 0.00 3.001 $2,000.001 $6,000.00 _... � 531 004 1WC RAMPS(CL.A)(INCL.2 SAND BEDDING CIP TY10) I EA 6.00! 7.00 0.00 7.00 $1,500.00 $10,500.00 1 560 001 i MAILBOX ASSEMBLIES(REMOVE4NSTALL)(USE EXIST.) EA �_ 9.001- 0.00 0.00 0.0 $100.00 $0.00 L 560 1 002 'MAIL BOX ASSEMBLIES BRICKS(STA.30*00) EA 1.00 0.00 0.00 0�_ $1,000.00' $0.00 668 001 IREFL PAV MRK(TY II)(W)(12")(S)(100 MIL)(CROSSWALK) LF 450.00, 0.00 610.00 610.00 $6.00 $3,660.00 668 002 REFL PAV MIRK(TY I)(W)(12")(S)(100 MIL)(CROSSWALK) LF 450.00 0 00 835.00 835.00 $10.00 $8,350.00 .. _- - 1 752 -�. 001�iP E88RUSH REMOVAL(4"(TO)i(4•�(CROSSWALK)_ ._..-. _ ----_� -EA yi 450.00 2.00 B.00L-- 61 -- -_-618.00 $1000_00, -- - $8,000.00� 529 01 f ANDIROLLL RESHAPING AND CIGOGING NEW DITCH -__--- ---1- LF_�.-. 1,250.00 1.672.001 ._1,011.001 _. 0.001_-- -----1,01100 - $12.501- ---- $130 0� 0 0 $50 00 $5.000.001 465 1, 004 12 x12 GRATE INLET(COMPIETE)(C.O.) LS 100 100 531 005 WCR TRUNCATED DETECTABLE WARNINGS(C.O.) _ EA 0 00 10.00 1.00 2.00 $1,500 00 $3 000.00 - 529 002 16"AND ROLL OVER CURBS(C.O.) - LS 1.001 0.001 _- 1 A0 1.00E $20, 00 00 0, $20,000.001 GRAND TOTAL AMOUNT OF WORK DONE: $858,591.29 1 PREPARED BY 441 LESS 5%RETAINAGE: $0.00 PFWA GAM VIL� NGIRNE'ER III - -- -- - SUB TOTAL: $858,591.29 APPROVED BY I RIS P.COLBERT,P.E. CITY ENGINEER LESS PREVIOUS PAY ESTIMATE: $757,984.52 I vL t� L AMOUNT DUE THIS ESTIMATE: $100,606.77 THOMAS A. WARNER,P.E. DIRECTOR OF PUBLIC WORKS RESOLUTION NO. WHEREAS, on April 15, 2008, the City Council of the City of Beaumont, Texas, passed Resolution No. 08-013 awarding a contract in the amount of $770,464 to LD Construction, Beaumont, Texas, for the School Sidewalk Program (McLean Street, Greeves to Landis; Major Drive, Drennen to Morgan Street; Usan Street, West Virginia to Sarah Street; and Sarah Street, Usan Street to Bob Street); WHEREAS, Change Order No. 1 in the amount of$88,127.29 is required to adjust estimated construction quantities to match quantities actually used, thereby increasing the contract amount to $858,591.29; and WHEREAS, the project has been inspected and completed in accordance with the terms and conditions of the contract and should be accepted; 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 $88,127.29, thereby increasing the contract amount to $858,591.29. BE IT FURTHER RESOLVED THAT the School Sidewalk Program project be and the same is hereby accepted. BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final payment in the amount of$100,606.77 to LD Construction. ' PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2009. - Mayor Becky Ames - c RICH WITH OPPORTUNITY r 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 22, 2009 REQUESTED ACTION: Council consider authorizing the award of contracts for the purchase of Limestone Base Material. RECOMMENDATION The administration recommends the award of a six (6) month contract to Vulcan Materials of Beaumont, Texas for on site material delivery, and to Transit Mix of Beaumont, Texas for in plant pickup of material. Total estimated value of this contract is $74,950. BACKGROUND Bids were requested for a six(6) month contract for limestone base material for use by the Public Works Department, Streets and Drainage Division. The material is used as a base for street repair. A map dividing the City into four (4) zones was provided to the vendors, with pricing for delivery to each zone requested. Vulcan Materials, whose plant is located within the fence of the Port of Beaumont, provided the lowest bid in all categories. Homeland Security rules require anyone regularly entering the Port, obtain a Transport Workers Identification Card (TWIC) to be allowed access. This would require individual application and approval by Homeland Security, together with a fee of$132 for each employee. It is therefore recommended that the award be divided between Vulcan Materials and Transit Mix, as provided for in the bid specification as best value to the City. Vulcan Materials will provide on site delivery and Transit Mix will provide in plant pickup. Contract for Limestone Base Material September 22, 2009 Page 2 Seven (7) vendors were notified with four(4) responding with bids. The bids received are as follows: Location Vulcan Transit Mix Knife River APAC-Texas Materials Beaumont Beaumont Beaumont Beaumont Plantsite Pick Up $15.50/ton $16.50/ton $20.00/ton $26.25/ton Delivery to Jobsite Zones 14 $17.50/ton $21.00/ton $20.00/ton $30.85/ton Transit Mix provided this product under the previous contract at the following rates: Location Transit Mix Beaumont,TX Plantsite Pick Up $19.25/ton Delivery to Jobsite Zones 14 $23.75/ton BUDGETARY IMPACT Funds are available in the Public Works Department, Streets and Drainage Division's operating budget. RESOLUTION NO. WHEREAS, bids were solicited for a six (6) month contract for the purchase of limestone base material for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Vulcan Materials of Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated expenditure of$75,000: LOCATION QTY PER TON TOTAL FOB Plantsite 300 $ 15.50 $ 4,650.00 FOB Zone 1 1000 $ 17.50 $ 17,500.00 FOB Zone 2 1000 $ 17.50 $ 17,500.00 FOB Zone 3 1000 $ 17.50 $ 17,500.00 FOB Zone 4 1000 $ 17.50 $ 17,500.00 and WHEREAS, City Council is of the opinion that the proposal submitted by Vulcan Materials of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Vulcan Materials for a six-month contract for the purchase of limestone base material in the unit amounts shown above for an estimated expenditure of $75,000 for use by the Public Works Department, Streets and Drainage Division, be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - D RICH WITH OPPORTUNITY r T • E - x • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: September 22, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to execute all documents necessary to accept traffic safety grant funds from the Texas Department of Transportation RECOMMENDATION Administration recommends Council approval. BACKGROUND The Texas Department of Transportation makes available grant funds to police departments throughout the state for various traffic safety programs. The Beaumont Police Department is eligible to receive $20,755.70 under a program titled "STEP-2010 Wave Comprehensive." The funds will be used for added traffic patrols on the Thanksgiving 2009 Holiday, Valentine's 2010 Holiday, Memorial Day 2010 Holiday and the Labor Day 2010 Holiday. BUDGETARY IMPACT A match is required from the City in the amount of$8,749.47. 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 habits are 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 Five Hundred Five and 17/100 ($29,505.17) Dollars pursuant to the project titled "FY10 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 Eight Thousand Seven Hundred Forty-Nine and 47/100 ($8,749.47) Dollars as its portion of the costs for the project titles "FY10 S.T.E.P. Waves" which are for the holidays Thanksgiving 2009, Valentine's Day 2010, Memorial Day 2010, and Labor Day 2010. 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 "FY10 S.T.E.P. Waves" and take such action as necessary to implement the project which occurs between October 1, 2009 and September 30, 2010. 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 Five Hundred Five and 17/100 ($29,505.17) Dollars; and Take such other actions and execute such documents as may be necessary and appropriate to implement the purpose and objectives of the "FY10 S.T.E.P. Waves" project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - E RICH WITH OPPORTUNITY 1117EA► � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police! L MEETING DATE: September 22, 2009 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute all documents necessary, specifically including a Licence Agreement, in order for the Beaumont Police Department to continue to maintain a Police Substation at Parkdale Mall. RECOMMENDATION Administration recommends authorizing the City Manager to execute all documents necessary to continue the Police Substation at Parkdale Mall. BACKGROUND The Beaumont Police Department has had a Police Substation at Parkdale Mall for approximately fifteen (15) years. Attached is the License Agreement from Parkdale Mall. BUDGETARYIMPACT The total fee is one dollar ($1.00). RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute all documents necessary to continue a License Agreement between the City of Beaumont and Parkdale Mall for the Police Substation located at Parkdale Mall. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - I LICENSE AGREEMF= Revised: 9/29/2008 Project ID# 100-451 Lease ID#: Deal Type: Inline Unit: H-848 Agreement Type: Renewal THIS LICENSE is made this day of 200_,by and between Parkdale Mall. LLC by CBL&Associates Management Inc.,its managing agent,("Licensor' and City of Beaumont,a(n) Govemment incorporated in the state of—I&having offices at 225 College Beaumont.TX 77701 Attn: Kyle Hayes,Phone: 409-880-3801.Fax:409-880-3844,('Licensee'). It is understood and agreed that this Agreement is,and is intended to be a License,granting the Licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms, conditions and limitations set forth herein. licensor does not grant Licensee any permanent interest in Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this Agreement The License granted by this Agreement may not be sold,assigned, transferred,mortgaged, pledged or transferred by Licensee. In consideration of the agreements set forth herein the parties agree: 1. License Area: Licensee's rights,duties and obligations under this Agreement shall be limited to the specific area containing approximately 799.88 square feet of floor area,as identified on Exhibit A, attached hereto and made a part hereof("License Area'), in Parkdale Mall . Beaumont. TX (The "Shopping Center' located at 6155 Eastex Freeway,Suite 200,Beaumont,TX 77706-6797(Payment remittance address: Parkdale Mall,LLC, P.O.Box 74942,Cleveland,OH 44194-4942). Licensee shall have no right to use any other area of Lcensor's premises,other than common areas open to the general public. 2. Duration: Licensee's rights under this Agreement shall commence on the earlier of. (a) 1011/2009 or(b)the day Licensee opens(the"Commencement Date'D,and shall end on 9/30/2010(the "Expiration Date', unless the License referenced in this Agreement is revoked earlier by licensor. Licensor shall not be liable to Licensee in damages or otherwise for any delay in the Commencement Date,regardless ofcause. **Licensor or Licensee may revoke this License Agreement at any time,with or without cause, and with sixty(60)days advance written notice. 3. Use: The License Area shall be occupied and used by the Licensee as approved by mall management solely for the purpose of use of premises (Space H-848) as a police department substation for shift changes report writing,phone work,etc The premises shall not be used as a jail..and for no other purpose whatsoever. Licensee shall store and/or stock in the License Area only such merchandise as Licensee is permitted to offer for sale in the License Area pursuant to this License. Licensee shall not violate applicable federal,state,and local laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 4. D/B/A:Licensee shall occupy and use the License Area under the trade name of City of Beaumont which shall not be changed without Licensor's prior written consent. 5. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or such other location as Licensor may specify,by certified check or money orderr on or before the start date of this agreement,and on the first day of each month thereafter: Unit Start Date End Date Fee Total Fee (i)Minimum Fee(s): H-848 10/1/2009 10/1/2009 $1.00 $1.00 In addition to the Total Minimum Fee set forth above,Licensee shall pay to Licensor,the following fees in accordance with the schedule set forth below: Description Fee Frequency Start Date End Date Additional Fes: 1 EXHIBIT "A" 6. Damage Deposit: Licensee deposits herewith the sum of$0.00.due upon Licensee execution unless otherwise noted. (Waived).as a damage deposit which shall be applied towards fees and other charges due under this Agreement and as a surety for the performance by Licensee of the terms of this License under which Licensee may be in default or for any sum which Licensor may expend by reason of Licensee's default in respect of any of the terms of this License including any damages which may result to the License Area. Within thirty(30)days after the expiration of the term of this License there shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of the aforesaid sum. In the event this License is terminated, the damage deposit will be returned to Licensee after deducting any sums due Licensor. If Licensee shall fail to make any payment to Licensor when due,Licensee shall pay licensor a late charge of$100.00 per day for so long as the failure continues. licensee acknowledges and recognizes that its failure to continuously operate during the Hours of Operation set forth in Section 32 for the duration of the term of this Agreement will cause a loss of goodwill to licensor by the Shopping Center's customers and other uncertain damages to Licensor which are not easily ascertainable and licensee hereby agrees to pay Licensor$100.00 per day as liquidated damages,and not as a penalty,for any period of noncompliance. :7. Sales!Lieensee shsR deliver to Lieenser.h-v 1100 p.m.fm the Nfandgv faflawillp eneh cdt2d= Gross Sales and revenues with sales verifieation.simed by hieensee. if Liee.see is oeett"Vint. the-Lieeftse Area for less than one week.Lieensee shall deliver tn r.___-___.._t_ _c_n i-__-_c_1_-__d revenues with sale.verifieatiait gioned bv Lieensee aft the last dav 4 Inieengee!.eeegoaney of the Lieente Area. if Lieemee does nat deliver 9"eh staterment aft time.Lieeftsee shall eav hieenser in�edia q4te ternt"Gross Sales"memis the selling,nrige mf all rnerehandige qnld or delivered in-at-an a in Aep ease afthe latter-h"i shall exelufle(4)returns flnd refuftdg in f�ptmflFlp hv I'F�nw__= (but not by anv vender of Lieensee). A sole RhBE he deetned to be fnade in R.- of elsewhere er if-ourquant to mail. telerranh.teleehene or other similar means. orders are ree figed at or finfn the hieeftse Area, a r 9. Relocation:licensor reserves the right to move,relocate,adjust or substitute the License Area, in Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be least disruptive to Licensee's business operations. 10. Revocation:The License granted by virtue of this Agreement may be revoked by Licensor,in Licensor's sole discretion for any reason, including, but not limited to the Specific Grounds for Revocation as set forth in Paragraph 14 hereof,upon not less than twenty-four (24) hours notice to Licensee. Licensee shall not be entitled to reimbursement or compensation for any purported damages or losses sustained as the result of any such revocation by licensor. 11. Insurance: Licensee shall,at its full cost and expense,procure and continue in force,during the terra of this Agreement,commercial general liability insurance including contractual liability and property damage relating to the License Area covering any and all claims for injuries to persons or upon the License Area. Such insurance shall be single limit coverage in an amount of not less than One Million ($1,000,000.00) Dollars. licensee shall also carry Workers Compensation Insurance in the statutory amount. Any insurance policies required hereunder shall name Licensor,and any designees of licensor, as an additional insured, and licensee shall furnish evidence of such insurance coverage prior to occupancy of the License Area. 12. Indemnity:Starting on the date Licensee first uses or occupies the License Area,to the extent allowed by law, Licensee shall indemnify and hold Licensor, its parents, subsidiaries and affiliates harmless from and against all claims,actions,liens,demands,expenses,and judgments for loss,damage,or injury to property or persons resulting or occurring by reason of the construction,use,or occupancy of the License Area by Licensee,including all costs,expenses,and attorney fees. 13. Liability of Licensor: Licensor shall not be responsible or liable for, and licensee hereby expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on the License Area,regardless of the cause. Licensee's property in the License Area or the Shopping Center shall be there at Licensee's sole risk. Licensor,its agents, and employees shall not be liable for, and Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property 2 sustained by Licensee or any person claiming by,through or under Licensee resulting from any accident or occurrence in, on, or about the license Area or any other part of the Shopping Center,including, without limitation, claims for loss, theft, or damage resulting from (i) equipment or appurtenances becoming out of repair;(ii)injury done or occasioned by wind or weather,(iii)any defect in or failure to operate,for whatever reason,any sprinkler,heating,or air-conditioning equipment,electric wiring or the installation thereof,gas,water,or steam pipes,stairs,porches,railings,or walks;(iv)broken glass;(v)the backing up of any sewer pipe or downspout; (vi) the bursting, leaking, or running of any tank, tub, washstand,water closet,waste pipe,drain,or other pipe;(vii)the escape of steam or water, (viii)water, snow,or ice being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks, or any other place upon or near the Shopping Center,(ix)the falling of any fixture,plaster,tile,stucco,or other material;(x)any act,omission,or negligence of other licensees or any other persons or occupants of the Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property, or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)any other cause of any nature. To the maximum extent permitted by law,licensee agrees to use and occupy the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the right to use,at Licensee's own risk. 14. Specific Grounds for Revocation: If, (a) Licensee fails to perform any of the terms, conditions,or covenants of this License;or(b)in the event there shall be filed by,or against,Licensee in any court pursuant to any statute,either of the United States or any State,a petition(i)in bankruptcy,(u) alleging insolvency, (iii) reorganization, (v) appointment of a receiver, (y) any arrangement of the bankruptcy acts,or a similar type of proceeding;or (c) Licensee fails to pay,when due, any payment required hereunder,or(d)licensee abandons or vacates the License Area;or(e)in the event of any other default by Licensee;then in any such event Licensee's rights hereunder shall cease and,Licensor may at its option(1)have the right to immediately revoke and terminate this License,and upon demand Licensee agrees to immediately surrender possession of the License Area to the Licensor, (2) make demand for immediate payment of all current and future rent and any other monetary obligations due hereunder;(3)re- enter the License Area and remove all persons and/or any property therefrom,by any suitable action or proceeding at law. All rights and remedies of Licensor herein or at law and in equity are cumulative. If Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licenser's rights hereunder,Licensee will reimburse Licensor for reasonable attorney's fees and court costs. With respect to any litigation arising out of this License Agreement,Licensee hereby expressly waives the right to a trial by jury and the right to file noncompulsory countersuit or crossclaim against licensor. 15. Obligations Upon Revocation: Upon service of the notice required by above Paragraph 10, Licensee shall: (a)remove all of Licensee's property,including,but not limited to inventory and trade fixtures from Licensor's premises within the time period set forth in the notice; (b) upon demand of Licensor, pay all current and future charges due under this Agreement; (c) reimburse licensor for all reasonable attorney fees and court costs incurred as the result of licensor enforcing its rights under this Agreement Licensor's rights and remedies under this Agreement are cumulative and Licensor's failure to assert any claim allowed under this Agreement at any time shall not be construed as a waiver of the same. 16. Damage: This License shall be revoked automatically if any portion of the License Area is damaged by fire or other peril, regardless of the cause. Licensee shall have no recourse against Licensor as a result of damage due to fire or any other peril. 17. Liability: There shall be no personal liability of Licensor with respect to this License. If a breach by Licensor occurs,Licensee shall look solely to the equity of Licensor in the Shopping Center for the satisfaction of Licensee's remedies. 18. Provisions: Licensor is or may be a party to certain documents,as amended from time to time, with a mortgagee or beneficiary of Licensor, department stores,mall tenants, and others. This License is subject and subordinate to all the provisions in those documents,as amended from time to time. 19. Terms of Agreement: This License contains all the covenants, promises, agreements, conditions, and understandings between licensor and Licensee. There are no other, either oral or written,between them other than those set forth in this License. 20. Obligation upon iration: Upon the Expiration Date of this Agreement,Licensee shall immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures from Licensor's premises and otherwise return the License Area to the same condition as it existed at the Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees equivalent to one hundred twenty-five percent(125"/0)of the total Minimum Fee specified in Paragraph 5 hereof,assessed in daily increments as one-thirtieth(1/30)of the total monthly amount. Licensee shall also reimburse licensor for any court costs and reasonable attorney fees incurred as the result of Licensee's failure to vacate the License Area upon the Expiration Date as set forth in Paragraph 2 hereof. 21. Liability of licensor: The term "Licensor" means only the owner or mortgagee in possession for the time being of the building in which the License Area is located or the owner of a leasehold interest in said building and/or the land thereunder so that in the event of sale of said building and/or an assignment of this License by Licensor, and/or a demise of said building and/or the land, Licensor shall be and hereby is entirely freed and relieved of all obligations of Licensor hereunder and it shall be deemed without further agreement between the parties and such purchaser(s), assignee(s), or 3 lessee(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all obligations of Licensor hereunder. It is specifically understood and agreed that there shall be no personal liability of Licensor(nor Licensor's agent,if any)in respect to any of the covenants,conditions,or provisions of this Agreement,in the event of a breach or default by Licensor of any of its obligations hereunder,Licensee shall look solely to the equity of the Licensor in the Shopping Center for the satisfaction of Licensee's remedies. In addition hereto, it is specifically understood and agreed that Licensor's rights, privileges, duties, and obligations may be administered by Licensor's designee, including, but not limited to, Licensor's agent,and that such designee shall have the full authority of licensor hereunder to perform all of Licensor's functions hereunder including,but not limited to,the execution of this license and any other related documentation. 22. Non-Waiver Provision: The failure of Licensor to insist upon performance of any of the terms,conditions,and covenants hereof shall not be deemed to be a waiver of any rights or remedies that Licensor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions,and covenants herein contained. 23. Binding Agreement: This Agreement may not be modified in any manner other than by a written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor. The terms,conditions and covenants set forth herein shall inure to the benefit of and be binding upon Licensee and Licensor,or any successor,designee or assignee of Licensor. 24. Design Requirements: All costs and expenses (including permits or licenses) attributable to the construction of the License Area by Licensee shall be home by Licensee. Licensee shall not commence construction of the License Area without first obtaining Licensor's approval of the location and design,nor prior to the execution of this License. Design criteria for the construction of the License Area are: a. The kiosk/pushcart structure shall be limited to counter units with no overhead obstructions that inhibit the visibility of tenants,licensees or other occupants in the Shopping Center Counter units shall not exceed 48"in height. b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into the floor or other part of the Shopping Center structure. An area width of no less than twelve feet (12'0'D minimum shall be maintained on all sides of the kiosk/pushcart subject to traffic Bow. C. Water service and special HVAC Systems are not available. Heating,venting,and Fire Protection Systems shall be that which is provided to common areas in the Shopping Center. d. Design criteria for all signs to be utilized at the License Area, kiosk/pushcart size, construction,finish materials,and special equipment shall be evaluated specifically for each individual licensee. Licensee shall submit plans for Licensor's review and approval prior to construction and shall include pictures of any existing units of Licensee's. e. Licensee shall prepare its plans and perform all work to comply with all applicable governing statutes,ordinances,regulations,codes,and insurance rating boards,and shall apply for all necessary permits. Licensor's approval of licensee's plans shall not relieve Licensee of its obligation to complete the development in accordance with this License,nor does it relieve Licensee from complying with laws,rules,regulations,and requirements of local governing authorities. Certificates of occupancy and waivers of lien from Licensee's contractor,all subcontractors and material men shall be filed with Licensor upon completion of work. f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is not open for business,unless Licensor has agreed otherwise in writing. For in-line space,set up may take place during mall hours,as long as it does not interfere in any manner,including noise or dust,with mall business and the comfort of the patrons. A black drape or equivalent,provided by Licensee,must be covering the entire storefront, as to keep the interior design concealed until ready for business. 25. Permits:If there are any licenses,authorizations,or permits required by any governmental agency or authority for the type of activity to be carried on at or for the use of the License Area,Licensee shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the License Area. The consumption or sale of alcoholic beverages on or from the License Area shall not be permitted. 26. Visual Merchandising: Licensee shall comply with the visual merchandising standards of Licensor. Licensee understands and agrees to implement visual merchandising recommendations of Licensor and change visual merchandising presentation as requested by Licensor. 4 27. Operating Requirements:Licensee shall observe all Operating Rules for the Shopping Center and Licensee's occupancy therein which Licensor may promulgate from time to time,including but not limited to: a. Licensee shall use and occupy the License Area in a careful,safe and proper manner and shall keep the License Area in a clean and safe condition in accordance with this License,local ordinances,and the directions of public officers. b. All signage located in and upon the License Area shall be approved by Licensor prior to installation or placement. All signs,placards,banners,pennants, or other advertising matter shall be prepared in a professional manner and in no event shall be handwritten. Licensee shall display an approved sign depicting its approved trade name. Sign Criteria: Signs are to be famished and installed by Licensee and approved by an agent for Licensor. Licensee's sign contractor or architect must submit a black and white rendering(specifying PMS colors)of Licensee's sign prior to approval. Licensee's sign shall be located within the limits of Licensee's storefront and shall not project more than 8"beyond the storefront if the Shopping Center is an enclosed mall, and not more than 12" beyond the storefront if the Shopping Center is a strip center. Sign Size: Malls: Up to 30'storefront: Capitals 18" Lower Case 12" 30'-1"and greater: Capitals 24" Lower Case 18" Strip Centers: Up to 30'storefront: Capitals 24" Lower Case 18" 30-1"and greater: Capitals 30" Lower Case 24" The length of Licensee's sign shall be limited to 70% of Licensee's storefront. C. Licensee shall not display merchandise on or outside the boundaries of the kiosk/pushcart structure. The outside areas immediately adjoining the License Area shall be kept clear at all times by Licensee,and Licensee shall not place nor pemrit any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas. d. All loading and unloading of goods shall be done only at such times,in the areas,and through the entrances designated for that purpose by Licensor. C. All garbage and refuse shall be kept in the kind of container specified by Licensor,and shall be placed and prepared for collection in the manner and at the times and places specified by Licensor. If Licensor shall provide or designate a service for picking up refuse and garbage,Licensee shall use same at Licensee's cost. Licensee shall pay the cost of removal of any of Licensee's refuse and garbage,and maintain all common loading areas in a clean manner satisfactory to the Licensor. Licensee shall use any trash compactor Licensor provides for the general use of Licensee or licensees in a designated area of the Shopping Center. Notwithstanding the foregoing provision, if Licensee qualifies as a generator of medical waste, then Licensee shall be solely responsible for causing compliance with all federal, state and local laws, whether existing now or established in the future, relating in any way to the storage, containment, treatment, transfer, transportation and disposal of medical waste(including the use of licensed medical waste management companies), and shall hold Licensor hamiless for licensee's noncompliance or violations thereof For purposes hereof,"medical waste"means any solid,semisolid or liquid waste,which is generated in the diagnosis,treatment (e.g.,provisions of medical services)or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. "Generator" means any person or entity whose act or process produces medical waste as hereinbefore defined. f No loudspeakers,televisions,phonographs,cd players,DVD players,cassette players,radios,flashing lights,or other devices shall be used in a manner so as to be heard or seen outside of the License Area. No electronic or communication devices shall be used in the License Area or in connection therewith which interrupt or interfere with the use and enjoyment of electronic or communication devices of 5 other occupants of the Shopping Center or of the neighborhood in which the Shopping Center is located. g. Licensee shall not conduct or permit any fire, bankruptcy, relocation, liquidation,retirement,moving, auction,or"going out of business"sale (whether real or fictitious)in the License Area,or utilize any unethical method of business operation. licensee shall not use the License Area as a clearance, outlet or wholesale center. h. Licensee shall not carry on any trade or occupation or operate any instrument or equipment, which emits an odor or causes a noise discernible outside of the License Area. I. Licensee shall not distribute any handbills or other advertising matter in the Shopping Center or on automobiles parked in the parking areas of the Shopping Center. j. Licensee and Licensee's employees shall not park their cars in those portions of the parking area designated for customer parking by Licensor. If Licensee or Licensee's employees'park in portions of the parking area designated for customer parking,Licensor may,in addition to its other remedies,have such cars removed at Licensee's expense. k. Licensee and Licensee's employees shall maintain a neat and appropriate appearance and dress,and are expected to operate in a dignified,ethical,manner. 1. Licensee shall display its customer sales return policy. m. Licensee shall not permit loitering at the license Area. n. Licensee shall famish Licensor with emergency telephone numbers and a forwarding address. o. Due to the lack of on-site storage facilities,acquisition of outside storage shall be Licensee's responsibility. p. Licensee shall be solely responsible for policing its location against theft,loss, or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall Licensor be held liable for such theft,loss,or damage. 28. Conduct: Licensee shall at all times during its occupancy of the License Area provide sufficient supervision and maintain adequate control of its employees,guests,and invitees. 29. Removal: Licensee shall at the Expiration Date or earlier revocation of this License remove its goods and effects,repair any damage caused by such removal,and peaceably yield up the License Area clean and in good order, repair, and condition. Personal property of Licensee not removed within two (2)days of such Expiration Date or earlier revocation shall become the property of Licensor,at Licensor's option without liability to Licensee therefore. 30. Conduct and Alterations: Licensee shall not harm the License Area,commit waste, create nuisance,make any use of the License Area which is offensive in Licensor's sole opinion,nor do any act tending to injure the reputation of the Shopping Center. Licensee shall not make alterations or additions to the License Area,nor permit the making of holes in the walls,partitions,ceilings,or floors,nor permit the painting or placing of exterior signs,placards,or other advertising media,banners,pennants, awnings, aerials, antennas, or the like in or on the license Area,without the prior written consent of Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws, ordinances,orders,and regulations affecting the use or occupancy of the License Area.Licensee shall not violate applicable federal and state laws prohibiting the sale or display of products,which infringe on the trademarks or copyrights of others. 31. Condition of License Area: Licensee has inspected the License Area,and accepts it"as is" with no representation or warranty by licensor regarding the condition of the License Area or its suitability for Licensee's use or occupation thereof. Licensor has no obligation to repair the License Area unless the obligation is set forth in this License. 32. Hours of Operation: The License Area shall remain open for business at all times designated by Licensor. Licensee shall operate in the entire License Area continuously and uninterruptedly while this License is in effect,and in a first class manner. 33. Hazardous Material: Licensee shall not cause or permit any hazardous material to be brought upon,stored,kept,used,or discharged on or about the License Area. 34. Access to License Area: Licensor may enter the License Area at any time. 6 35. Condition of License Area: Licensee shall maintain, at its sole cost and expense, the License Area in good condition and make all necessary replacements and repairs to the License Area except for structural repairs. In addition to all other remedies of Licensor,if licensee does not complete its obligations to repair and maintain the License Area,or if Licensor,in the exercise of its sole discretion, determines that emergency repairs are necessary,or repairs or replacement of any portion of the License Area or the Shopping Center are made necessary by any act,omission,or negligence of Licensee or its agents,employees,contractors,or assignees,then in any such event, Licensor may make such repairs, maintenance, or replacements without liability to Licensee for any loss or damage that may accrue to Licensee,its merchandise,fixtures,or other property,or to Licensee's business by reason of such repair, maintenance,or replacement Upon completion of any such repair,maintenance,or replacement Licensee shall pay upon demand, as additional fees, Licensor's costs for making such repairs,maintenance, or replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5 times the total cost of the repair,maintenance,or replacement Furthermore,Licensee shall immediately notify Licensor of any defects or unsafe conditions in the common areas immediately adjacent to the License Area 36. Confidentiality Licensee and its agents and employees shall keep and hold in strict confidence all of the terms of this License Agreement including but not limited to: the amount and/or manner of payment of fees and all items of additional charges including the formulations thereof;the use of the License Area;the duration of the license;and all other terms and conditions herein. 37. Nonprohibited Transaction Representation: Licensee hereby represents and warrants to Licensor that licensee is not,and shall not become,a person or entity with whom Licensor is restricted from doing business with under regulations of the Office of Foreign Asset Control C'OFAC')of the Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated and Blocked Persons list)or under any statute,executive order(including,but not limited to,the September 24,2001,Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit,or Support Terrorism),or other governmental action and is not and shall not engage in any dealings or transaction or be otherwise associated with such persons or entities. IN WITNESS WHEREOF,the parties have executed this Agreement on the day and year first above written,each acknowledging receipt of an executed copy hereof. LICENSOR: Parkdale Mall.LLC.by CBL&Associates Management.Inc..managing agent By: Print Name: Kurt L,undg=n Its:Authorized Signatory Date. LICENSEE: Qy of Beaumont 74-W000278 4 Print Name: Kyle Hayes IU; Date: 7 RICH WITH OPPORTUNITY [111CMA, � T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager �W PREPARED BY: Tom Warner, Director of Public Works MEETING DATE: September 22, 2009 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten (10) foot wide water line easement providing access for fire protection services for Classic Chevrolet. RECOMMENDATION Administration recommends acceptance of a ten (10) foot wide water line easement providing access for fire protection services for Classic Chevrolet located at 3855 Eastex Freeway. BACKGROUND Southeast Texas Classic Real Estate, Inc. has agreed to convey a ten (10) foot wide water line easement to the City of Beaumont. The easement [0.321 acre out of the A. Williams Survey] will provide mandatory access to the water lines and fire hydrants for Classic Chevrolet [3855 Eastex Freeway] and would also allow for the construction, alteration, operation and maintenance of the said water line and appurtenances. BUDGETARYIMPACT None. engdassic_chevy-ib.wpd 14 September 2009 RESOLUTION NO. WHEREAS, Southeast Texas Classic Real Estate, Inc., has offered to convey a ten foot (10') wide water line easement, being 0.321 acre out of the A. Williams Survey, as described in Exhibit"A"and shown on Exhibit"B"attached hereto,to the City of Beaumont for the purpose of providing mandatory access to the water lines and fire hydrants for fire protection services to Classic Chevrolet at 3855 Eastex Freeway and allowing for the construction, alteration, operation and maintenance of the said water lines and appurtenances; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Southeast Texas Classic Real Estate, Inc., as described in Exhibit "A" and shown on Exhibit "B," be and the same is hereby accepted for the purposes stated. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - 2026 Republic Drive, Suite B Tyler,Texas 75701 .�E L, .A RTH U R P.O. Box 9505 ZV EYING, L.L.C. Tyler, Texas 75711 Phone: 903.509.2030 Fax: 903.509.2034 EXHIBIT "A", PAGE 1 OF 3 10'Wide,0.321 Acre Water line Easement Job No:09-010004 Eastex Freeway Frontage Road Beaumont,Texas All that certain lot, tract or parcel of land within the A. Williams Survey, Abstract No. 385, City of Beaumont, Jefferson County,Texas, and being part of a called 8.2939 acre tract of land described in Deed from Classic Special Real Estate, Inc. to Southeast Texas Classic Real Estate, Inc., recorded in Clerk's File Number 2007024672 of the Official Public Records of Real Property, Jefferson County, Texas, and this 10' Wide, 0.321 Acre Water line Easement being more completely described as follows: BEGINNING at a point for corner in the Easterly North boundary line of said called 8.2939 acre tract, same being the West right-of-way of Eastex Freeway (U.S. Highways 69, 96 & 287), from which a %" Iron Rod found for the most Easterly corner of said called 8.2939 acre tract bears South 43 deg.48 min. 15 sec. East a distance of 505.38 feet; THENCE South 46 deg. 20 min.56 sec. West a distance of 11.27 feet to a point for corner; THENCE North 43 deg. 39 min.04 sec. West a distance of 4.16 feet to a point for corner; THENCE South 46 deg. 20 min.56 sec. West a distance of 141.35 feet to point for corner; THENCE South 73 deg.52 min.47 sec.West a distance of 74.35 feet to a point for corner; THENCE South 16 deg.07 min. 13 sec. East a distance of 25.70 feet to a point for corner; THENCE South 73 deg. 52 min.47 sec.West a distance of 10.00 feet to a point for corner; THENCE North 16 deg.07 min. 13 sec. West a distance of 25.70 feet to a point for corner; THENCE South 73 deg. 52 min.47 sec.West a distance of 20.51 feet to a point for corner; THENCE South 46 deg. 11 min.53 sec. West a distance of 320.54 feet to a point for corner; THENCE North 43 deg.39 min.04 sec. West a distance of 5.54 feet to a point for corner; THENCE South 46 deg. 20 min.56 sec.West a distance of 15.87 feet to a point for corner; THENCE North 43 deg.39 min. 04 sec. West a distance of 10.00 feet to a point for corner; THENCE North 46 deg. 20 min.56 sec. East a distance of 15.87 feet to a point for corner; THENCE North 43 deg. 39 min. 04 sec. West a distance of 124.64 feet to a point for corner; THENCE North 17 deg. 51 min. 08 sec. West a distance of 12.57 feet to a point for corner; THENCE South 72 deg.08 min. 52 sec.West a distance of 19.81 feet to a point for corner; THENCE North 41 deg. 58 min. 01 sec.West a distance of 10.96 feet to a point for corner; THENCE North 72 deg. 08 min. 52 sec. East a distance of 24.29 feet to a point for corner; THENCE North 17 deg. 51 min. 08 sec.West a distance of 22.43 feet to a point for corner; THENCE North 46 deg. 11 min.45 sec. East a distance of 342.30 feet to a point for corner; THENCE North 43 deg.39 min. 04 sec.West a distance of 38.73 feet to a point for corner; 2026 Republic Drive, Suite B Tyler,Texas 75701 AF!V L AAART H U P.O.Box 9505 EYING, LLC Tyler, Texas 75711 Phone: 903.509.2030 Fax: 903.509.2034 EXHIBIT "A", PAGE 2 OF 3 THENCE North 46 deg.20 min.56 sec. East a distance of 10.00 feet to a point for corner; THENCE South 43 deg.39 min.04 sec. East a distance of 38.71 feet to a point for corner; THENCE North 46 deg. 11 min. 45 sec. East a distance of 193.63 feet to a point for corner in the Easterly North boundary line of said called 8.2939 acre tract, from which a 5/8" Iron Rod found for the most Northerly corner of same bears North 43 deg.48 min. 14 sec.West a distance of 372.46 feet; THENCE South 46 deg. 11 min.45 sec.West a distance of 539.67 feet to a point for corner; THENCE South 17 deg. 51 min.08 sec. East a distance of 36.46 feet to a point for corner; THENCE South 43 deg.39 min.04 sec.West a distance of 127.86 feet to a point for corner; THENCE North 46 deg. 11 min.53 sec. East a distance of 312.98 feet to a point for corner; THENCE North 73 deg.52 min.47 sec. East a distance of 104.87 feet to a point for corner; THENCE North 46 deg. 20 min.56 sec. East a distance of 150.13 feet to a point for corner; THENCE South 43 deg. 48 min. 14 sec. East a distance of 14.16 feet PLACE OF BEGINNING AND CONTAINING 0.321 ACRE OF LAND. The bearings hereon are Grid and were derived from State Plane Coordinates. Texas South Central Zone NAD 1983.Scale Factor:0.99995828, Convergence Angle:02°22'47.46" I, Daniel R. Arthur, do hereby state that the above field notes were prepared from a survey made under my supervision during the month of January, 2009. GIVEN UNDER MY HAND AND SEAL,this 6`h day of August,2009. E OF T �o tP Daniel R.Arthur ..... ..... Registered Professional Land Surveyor .......... AI�.TF1U�+ State of Texas No.5933 R• DANIEL ........:..... „......... 5933 See Map No. 09-010004 prepared in conjunction with these field notes. 9 ?: �FES S ..O j4ND.SUB%4 A. WILLIAMS f-A GUE SURVEY A-385 Col/9.5844 Ac. WM Copo-ay,✓r. fo Wesley M Coho.py,/e C/erk's Fb rvo. 94-9IJ2115 Cancrate---_., t1 Lt5 N 43'39'04 W- 124.84' � t v 41 ry`b 4 LINE BEARING DISTANCE i `\ Ll s 43'48'14"E 14.16' 10'Wide, O.J11 Ac L2 S 46'20'56"W 1 11.27 Water/he 66.0-eflt LJ N 43'3904"W 4.16 L4 S 73'52 47"w 1 74.35' 4 IS 5 16'D]'13-E 25.70' { Concrete--w Proposed Bu�/dhq c L6 S 73'52'47"W 10.00 J L7 N 16'07'13'W 1 25.70' 4a LB S 73'5247.W 1 20.51' L9 I N 43'39'04 W 5.54 Asphalt 1.10 1 5 46'20'56-W 15.87'1 T Lll I N 43'3904 W 10.00' L12 I N 46'2056"E 15.8]' L13 N 17'5108' W 12.57' W L14 S 7708'52'W 19.81 a° Asphorf L15 I N 41'58'01'W 10.96' p 1.16 N 7708'52'E 24.29' Lt7 N 1751'08"W 22.43' L78 N 43'39'04"W 38.73' - L19 N 46.20'56"E 10.00' - L20 S 43'39'04"E 38.71' L21 S 43'48'15-E 10.00' L22 5 17'51'08'E 36.46' L23 N 33'52'47-E 104.87' Vocinity Map (Not to Scale) Pormeb p p. � r d LZO 'N p Vii? I � Pro✓ecf v Location --- .P.c y °- Eostex FWy ^ '^ pe ' 510 a :RVI ,� on U r H ancrefe -----------5_4}'48'14--�- 209?8' I 1 .F ...p LI •Concrete'• L.. EASTEX FREEWA Y FRONTAGE ROAD EXHIBIT "A", PAGE 3 OF 3 10' WATER LINE EASEMENT SURVEYS AS SHOWN CITY OF BEAUMONT JEFFERSON COUNTY, TEXAS LEGEND SCALE• 1 " 100' • RF'-IronnROdeF_I Maker • IPF= Iron Pipe d Foun • IRS Iron Rod Set The survey shown hereon is for use in the transaction for August, 2009 and is TBM- Temporary Bench Mork not valid for use in any other transaction involving the above referenced property. x "Pot Elewuon O P.P.-Electric Power Pole The bearings are Grid and were derived from State Plane Coordinates. LP.- Light Pole Texas South Central Zone NAD 1983 ® E.P.=Electra Pedestal -E- 0—end Electric Scale Factor: 0.99995828 Ep E.T. .EI«Irm Trans ra.mer Convergence Angle: 2'22'47.46" ©P,V. Power Vault This survey substantially complies with the current Texas Society of Professional o ia._ Cable h wee Ped star Surveyors standards and specifications for a category 2, condi�ion I survey. a Tv. - Telephone Vault OF Q T.T. T-1--ion T.- ,`P�G�5 T(5�F� E9 W.M.- Water Meter •9 W.V - Water Valve I.C.V. -rri90 Non control vole DANIEL R. ARTHUR ® G.M.= Gas Meter e 111 G.V -Gas Vole 9�0 5933 aP��� -6J F.H. - Fire Hydrant �..0 R i . M.H. Manhole qs� SURF' o c.o. = clean aMt GIST RED HNUFESSIONAL LAND URV YO N0. 933 O W.W. - Water.,It )RAWN BY M.C.G. LAYOUT: WATER LINE SHT. N0. )ATE: 08/06/2009 IEL ARTHUR 3 )WC No. 09-010004-wL RVEYING,LLC Of JOB NO.: 09-01000a 20Ap�uit e 8, Ty/er, T...a 75701 3 %PPROVED BY. D.R.A. BOOK/PAGE. PO PBhon 950903) 509-200 30 75711 G RICH WITH OPPORTUNITY r 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 22, 2009 REQUESTED ACTION: Council consider a resolution authorizing the execution of a License to Encroach Agreement with Shree Gayatri, Inc. RECOMMENDATION Administration recommends authorization to execute License to Encroach Agreement with Shree Gayatri, Inc. for a structure encroaching onto a city waterline easement. BACKGROUND An existing structure (Homewood Suites) is encroaching 1.5 feet onto the City's ten foot (10') waterline easement on property described as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou). Shree Gayatri, Inc. is the owner of record of the structure. The License Agreement protects the City from liability and provides a thirty(30) day cancellation clause. BUDGETARYIMPACT There is a one time fee of$500 for the License to Encroach. \engferguson-ib 14 September 2009 COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES FOR LICENSE TO ENCROACH APPLICATION PROPERTY DESCRIPTION: Said encroachment being a structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou). DATE OF DISTRIBUTION: August 26, 2009 DUE: September 11, 2009 1) Jon's P. Colbert, City Engineer Date Received: 8-27-09 Acceptance and Approval. 2) Luke Stevens, Streets & Drainage Superintendent Date Received: 9-1-09 Acceptance and Approval. The structure will not impact the drainage system as planned. 3) Jack Maddox, Fire Marshall Date Received: 9-15-09 Acceptance and Approval. 4) Hani Tohme, Water Utilities Date Received: 9-10-09 Acceptance and Approval. The City has an existing water main within the vicinity of this property. According to the water map, we have a six (6) inch water main located within the ten (10) foot exclusive water line easement which is located along the southeasterly property line of Tract 1, Ferguson Development Park. 5) Stephen Richardson, Planning Manager Date Received: 8-26-09 Acceptance and Approval. 6) Jacob Bennefield, Transportation Date Received: 8-27-09 Acceptance and Approval. 7) Patrick Sam, CenterPoint Energy Entex Date Received: 8-28-09 Acceptance and Approval. We do have gas @ this location. 8) Jeffrey Richard, Entergy Date Received: 9-1-09 Acceptance and Approval. We have no plans for the easement. 9) Cliff Moore, AT&T Date Received: None 10) Doug Canant, D.D.#6 Date Received: None 11) Tyrone Cooper, Legal Department Date Received: 9-9-09 Is there a problem with Water Utilities servicing any line(s)that may be in the easement? NO. See Water Utilities Comments above. comments summary 850pine RICH WITH OPPORTUNITY [IEA,U CITY OF BEAUMONT PUBLIC WORKS T • E • X • A • S Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou) ACCEPTANCE AND APPROVAL OBJECTIONS COMMENTS aif im— A ris P. Colbert City Engineer Date Ilona N. Baker Engineering Division ibaker@ci.beaumont.tx.us City of Beaumont P.O.Box 3827 Beaumont,TX 77704 (Phone) 880-3725 (Fax) 880-3732 RICK WITH OPPORVUETTF BECITY OF BEAUMONT E PUBLIC WORKS T • E + S • .A * S Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of ttvo and one half feet (2.5) into the City's ten foot (10") waterline easement on property identified as being out of Tract 1, Ferguson Development Pack(off Interstate 10 at Hillcbrandt Bayou) ACCEPTANCE AND APPROVAL OBJECTIONS C—U_MMENTS -0 4,�- V 4-t4� Luke Stevens Streets & Draina e Date - .� Ilona N.Baker F-Mirleering Division bakerAci.beaum ont.tx.n9 City of Beaumont P.O.Box 3827 Bcaumont,TX 7^,744 (Flaono)840-372v (Tax)880-3732 Sep 1.5 09 08:28a Bmt Fire Marshal (409)880-3931 p.2 08/?f/?MM9 13:46 409-880-3/32 OTT`f BEAUMONT r-w r++�yr_ ����❑ xrce Where orroartrtaxVrr BEAUIION* CITY OF BEAU?V[ONT PUBLIC WORKS T , » • Y • A + 9 Date: August 27, 2009 PROPERTY IUESCRIMON: A structure, 1.5 feet for a disti mce of two and ono half feet (2.5`} into the City's ten foot (10) waterline easement on property identified as being out of Tract 1, Ferguson Development Park(off Interstate I U at Hillebrandt Bayou) -� ACCEPTANCE AND APPROVAL OBJEC77ONS CC1MI�CENTS Jack dox Fire Marshall tlo.0 N.Baker En agcrmg Dlvisian ibnkerQv ci..beaumont.tx.us Cats 4FHraurnrq1 P.O.Box 3827 Bcaumnnt 7X 77704 (Pbioat)M80-3725 (Fax)880-3737 I RICH WITH OPPORTUNTTV CITY OF BEAUMONT PUBLIC WORKS T - E - X - A - $ Date: September 9, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou) ✓ ACCEPTANCE AND APPROVAL OBJECTIONS COMMENTS The City has an existing water main within the vicinity of this property. According to the water map, we have a six (6) inch water main located within the ten (10) foot exclusive water line easement which is located along the southeasterly property line of Tract 1, Ferguson Development Park. Dr. Hani Tohme, P.E. Director of Water Utilities Date 212. Zo 2 Ilona N.Baker Engineering Division City of Beaumont P.O.Box 3827 Beaumont, TX 77704 (Phone)880-3725 (Fax)880-3732 RICH WITH OPPORTUNITY r CITY OF BEAUMONT A,111 1 ( PUBLIC WORKS T * E , X • A - S Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park(off Interstate 10 at Hillebrandt Bayou) ACCEPTANCE AND APPROVAL OBJECTIONS COMMENTS C Stephen Richardson Planning Date F Z Ilona N.Baker Engineering Division ibaker@ci.beaumont.tx.us City of Beaumont P.O. Box 3827 Beaumont,TX 77704 (Phone) 880-3725 (Fax) 880-3732 RICH WITH OPPORTUNITY CITY OF BEAUMONT 1C,6 A, PUBLIC WORKS T • E • X A • S Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou) r' -` ACCEPTANCE AND APPROVAL OBJECTIONS COMMENTS Jacob e Transportation Ilona N. Baker Engineering Division ibaker@ci.beaumont.tx.us City of Beaumont P.O. Box 3827 Beaumont,TX 77704 (Phone) 880-3725 (Fax) 880-3732 Rug. Lb, 2UU9 9: jbAM GenterF'ointtnergy 6 e a u m o n t No. OHO N, 1 06/26/2609 13:52 409-680-3732 CITY BEAUMONT PW PAGE 65/95 IIICR WITH OPIIOATV14ITY CITY OF BEAUMONT PUBLIC WORKS T • E X • A • 9 Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feat for a digtanee of two atid one half feet (2.5') into the City's ten foot (10) wate.dine easement on property identified as being out of ?rgct 13 Forgugon Development Park(off Interstate 10 at Hillebrandt$ayou) ACCEPTANCE AND APPROVAL OBZCTIONS O NAM ENT5 A05 A)6 Patrick Sane CenterPoint Energy Date )2 ✓ Ilens N.Baker En inecri IlliV).slon ibake ci_beaumont.trc.us City ofBeoumpnt P.O.BOXJ1527 Beaumont_TX 7l�ne fph^ -% von �,,r n Sep . U1 ua ui : 4ap tntergy Design East (409) 785-2343 p. 2 06/26/2009 13:54 409-880-3732 CITY BEAUMONT PW PAGE 05/05 RICIR WME pIppORra,g2T= BEAIIMON CITY OF BEAUMONT PUBLIC WORKS Date: August 27, 2009 PROPERTY DESCRIPTION; A structure, 1.5 feet for a distance of two and one 11alf feet (2.5') into the City's ten. foo' (10') waterline easement on PrOPerty identified as being otit of Tract 1, Ferguson DcvelOPI-amt Park (off Interstate 10 at Hillebrandt Bayou) _ ACCEPTANCE AND APPROVAL OBJECTIONS COENTS ffr Richard. ntergy Ilona N.Baker Engineering Diviaian City of Beaumont P,O, Box 3827 Bcaumnnt,TX 77704 h 'bake a ci.beaumont Lx.us ()' one)380-3725 (Fax) 880-3732 H WITH OPPORTUNITY EA,U CITY OF BEAUMONT PUBLIC WORKS T . E . X . A • S Date: August 27, 2009 PROPERTY DESCRIPTION: A structure, 1.5 feet for a distance of two and one half feet (2.5') into the City's ten foot (10') waterline easement on property identified as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou) ACCEPTANCE AND APPROVAL OBJECTIONS COMMENTS �44� Vex, CS TyroU Cooper City Attorneys G Date I• -�• l Ilona N.Baker Engineering Division ibaker @ci.beaumont.tx.us City of Beaumont P.O.Box 3827 Beaumont,TX 77704 (Phone) 880-3725 (Fax) 880-3732 RESOLUTION NO. i WHEREAS, Shree Gayatri, Inc., has requested that the City of Beaumont grant a License to Encroach 1.5 feet onto the City's ten foot (10') waterline easement on property described as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou) as shown on Exhibit"A" attached hereto and made a part hereof for all purposes; and, WHEREAS, City staff has expended considerable time and effort in investigating the effect of such encroachment upon the City right-of-way and utilities serving the same; and, WHEREAS, it appears that it would be equitable to allow such encroachment at this time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a License to Encroach 1.5 feet onto the City's ten foot (10') waterline easement on property described as being out of Tract 1, Ferguson Development Park (off Interstate 10 at Hillebrandt Bayou), as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, to Shree Gayatri, Inc., for a one-time fee of Five Hundred Dollars ($500.00). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - FND CONC. MONU. (BROKEN) FND N41°41'29"E 60.69' (CALL N41-37'001V 60-63) 9� D 518' I. ROD f 00, 0.1384 ACRES (13' WIDE) CONCRETE SLAB CALLED 0240 ACRES INGRESS AND EGRESS WATERLINE EASEMENT EASEMENT 00. 2 2.56' CITY OF BEAUMONT p ll� CF. N0. 2005003528 ------2.07" �Oss N -CONCRETE DRIVE FND 5 co C�j 8 O O �� e a `7 I. ROD %w � O?��' �0G N46'31'48"W 123.41' w a 6 .9 DETAIL "A" Q yyJ , O�' CONCRETE SLAB ENCROACHMENT x `q a( Il 0 CALLED NE2EASEMENT N.TS_ W C CITY. NO.F2006005�4 FND 2.9385 ACRES ~ CALLED 2.930 0. ACRES R I 1(13, CF. NO. 20070 8572 FND 3/8' WIDE) OPRJC L ROD IN CONC. D INGRESS AND EGRESS EASEMENT NO. 2 CALLED 0.240 ACRES ' Cr. NO. 2005003528 WATERLINE EASEMENT ENCROACHMENT ; OPRJC CITY OF BEAUMONT OF S SEE DETAIL i1" _ C.F. N0. 2006005114 -------------------- ------------------ -- _ FND S60°1744"W 95.16' FND SCRIBED 7L' —————————— ------- -- --------- IN CONCRETE —`————— - ------ ------------- J (CALL 560'17'44�V 95.16) , YND e FND 2.3176 ACRES (CALL S4631�46 E 462J6') .36 ND 5/8' T OF AND PART OF TRACT I REFERENCE BEARING PER PLAT 1. ROD CF. AIAIL2005 03 28 OPRJC UgOa DD G dOPU�C 'G14 G°PQL°3[ TO THE OWNERS OF THE PREMISES SURVEYED T @91 AS OF THE DATE OF THE SURVEY: I. THOMAS S. ROWE DO HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY CLIENT: GAYATRI, INC. MADE ON THE SURFACE OF THE GROUND OF THE P LEGALLY DESCRIBED EXHIBIT FOR HEREON AND CORRECTLY REPRESENTS THE FAC TIME oa 1Y: COO SCA E: SKE No.: OF THE SURVEY. .��•,.... TF : Sao 2009 "_ T Of 1 ENCROACHMENT OF P, G�S T E'•i -f- w: 2009 09-s 1 MARCH 12, 2009 : RF'•.Y 09-451 09-451.DWG WATERLINE EASEMENT DATE SURVEYED: ;e o;.,. OUT OF AND PART OF :.........••••.•••••••••.•.• +ARK . WHITELEY THOMAS S.ROW D ASSOCIATES TRACT I """ """'"""' INCORPORATED FERGUSON DEVELOPMENT PAR 5728 TING ENGINEERS, VOL. 13, PG. 49 ORS, AND PLANNERS MAP RECORDS THOMAS S. ROWE — REGISTERED PROFESSIONAL URVEYOR No. 5728 89AUM",°,BOX�-5461: ,e., , JEFFERSON COUNTY. TEXAS 4061-ma-04x1 (n1q 4061-M-104a RICH WITH OPPORTUNITY r T - E - X - A - S REGULAR MEETING OF THE CITY COUNCIL BEAUMONT CIVIC CENTER SEPTEMBER 22,2009 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider adopting the FY 2010 Budget 2. Consider adopting the 2010 Capital Program 3. Consider ratifying the budgeted property tax increase reflected in the FY 2010 Budget 4. Consider accepting the tax roll and establishing the property tax rate for the tax year 2009 (FY 20 10) 5. Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances 6. Consider authorizing the City Manager to receive funding through the Department of Homeland Security Grant Program 7. Public Hearing: Receive comments related to an agreement with the Texas Department of Transportation to receive State Public Transportation Funds in the amount of$425,296 Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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 22, 2009 Consider adopting the FY 2010 Budget it i C ti '.4 I If t)P P�..i B'F!,N I k r T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ��++�� PREPARED BY: Laura Clark, Chief Financial Officer✓L MEETING DATE: September 22, 2009 REQUESTED ACTION: Council consider adopting the FY 2010 Budget. RECOMMENDATION: Administration recommends Council adopt the FY 2010 Budget as submitted to Council on August 13, 2009. BACKGROUND Article VI, Section 8 of the City Charter states that "the budget shall be adopted by the favorable votes of at least a majority of all members of the Council." Section 9 states that "the budget shall be finally adopted not later than the twenty-seventh (27th) day of the last month of the fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council." The FY 2010 Budget was submitted to Council on August 13, 2009, and reviewed during a work session on August 25, 2009. A public hearing was held on August 25, 2009, which met the requirements of the Charter and state law. BUDGETARY IMPACT The proposed FY 2010 Budget appropriation for all funds, net of contingency, totals $218,860,559. ORDINANCE NO. ENTITLED AN ORDINANCE REFERRED TO AS THE "ANNUAL APPROPRIATION ORDINANCE" ADOPTING A BUDGET FORTHE FISCAL PERIOD BEGINNING OCTOBER 1, 2009, AND ENDING SEPTEMBER 30, 2010, IN ACCORDANCE WITH THE CHARTER OF THE CITY OF BEAUMONT; APPORTIONING THE FUNDS OF THE CITY OF BEAUMONT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Manager of the City of Beaumont submitted to the City Council a budget estimate for the revenues of said City and expenses of conducting the affairs thereof for the fiscal year beginning October 1, 2009, and ending September 30, 2010; and, WHEREAS, after notices and public hearings held in accordance with the requirements of the Charter of the City of Beaumont and the statutes of the State of Texas, the City Council is of the opinion that the budget, as attached hereto as Exhibit"A", should be adopted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the budget attached hereto as Exhibit "A" and made a part hereof for all purposes is hereby adopted, ratified and approved. Exhibit "A" is hereby adopted and approved as the budget of all the correct expenses as well as the fixed charges of the City for the fiscal period beginning the 1st day of October, 2009, and ending the 30th day of September, 2010, and the several amounts stated in Exhibit"A"as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Notices given, as required for the adoption of said budget, are hereby ratified. Section 2. That the sums indicated are appropriated from the following schedule of funds: a. General $106,497,100 (includes $1.5 million contingency) b. Debt Service 14,754,400 C. Water Utilities 37,160,000 d. Solid Waste Management 10,854,800 e. Hotel Occupancy Tax 3,193,400 f. Henry Homberg Golf Course 546,600 g. Municipal Transit 7,077,500 h. Other Special Revenue 6,084,859 i. Capital Reserve 4,800,600 j. Fleet Management 8,304,000 k. Employee Benefits 18,058,800 I. General Liability 1,529,500 Section 3. That the City Manager is hereby authorized to transfer budgeted funds from one line item to another line item provided the transaction is not an inter-fund transfer. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall in no way affect the remaining portions of this ordinance, and to such end the provisions of this ordinance are declared to be severable. Section 5. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - GENERAL FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2009 Estimated Budget FY 2008 (As Amended) FY 2009 FY 2010 REVENUES Sales and use taxes $ 38,115,619 $ 37,266,000 41,100,000 $ 37,353,300 Property taxes 24,094,054 27,171,000 27,271,300 28,508,000 Industrial payments 13,178,802 15,782,000 16,102,800 14,568,200 Gross receipts taxes 8,321,140 8,071,200 8,182,400 8,364,900 Utility fund in lieu 6,936,000 7,036,000 7,036,000 7,236,000 Charges for services 4,026,717 3,589,000 3,822,700 3,600,000 Fines and forfeits 2,178,959 2,224,800 2,248,200 2,218,800 Licenses and permits 1,772,817 1,404,600 1,552,100 1,350,000 Other 3,005,610 2,538,200 1,880,900 2,070,900 Transfers in 645,700 645,700 645,700 645,700 TOTAL REVENUES 102,275,418 105,728,500 109,842,100 105,915,800 EXPENDITURES Police 26,516,360 28,704,100 28,831,100 30,358,000 Fire 21,145,645 22,339,900 22,885,000 23,424,300 Public Works 15,969,785 17,553,300 16,924,600 18,653,700 Public Health 7,000,329 8,066,900 7,403,100 8,328,500 Information Technology 2,816,132 5,269,200 5,352,900 5,017,100 Parks and Recreation 4,392,630 4,516,700 4,659,800 4,606,200 Event Facilities and Libraries 3,999,205 4,274,400 4,123,500 4,346,600 Finance 3,288,240 3,705,100 3,616,300 3,837,300 Community Development 2,350,939 2,469,100 2,271,500 2,021,700 Executive Office 1,569,744 1,679,500 1,731,900 1,786,400 Human Resources 897,382 1,085,300 1,085,700 1,024,000 City Attorney 677,802 769,200 807,700 872,300 City Clerk _ 208,730 326,600 232,900 250,100 TOTAL EXPENDITURES 90,832,723 100,759,300 99,926,000 104,527,100 OTHER USES Transfers out 13,280,000 7,172,200 7,172,200 1,970,000 TOTAL APPROPRIATIONS 104,112,723 107,931,500 107,098,200 106,497,100 EXCESS(DEFICIT)REVENUES OVER APPROPRIATIONS (1,837,305) (2,203,000) 2,743,900 (581,300) i BEGINNING FUND BALANCE 25,108,954 21,251,647 23,271,649 26,015,549 Reserved for contingency 1,500,000 11500,000 1,500,000 1,500,000 Unreserved 21,771,649 17,548,647 24,515,549 23,934,249 ENDING FUND BALANCE $ 23,271,649 $ 19,048,647 26,015,549 $_ 2 5,434,249 EXHIBIT "A" DEBT SERVICE FUND --- STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 FY 2009 FY 2009 FY 2010 REVENUES Property taxes $ 12,296,597 $ 13,079,000 $ 13,079,000 $ 13,123,000 Other 491,745 488,800 383,800 382,200 Transfers in 818,368 920,000 920,000 920,000 TOTAL REVENUES 13,606,710 14,487,800 14,382,800 14,425,200 EXPENDITURES Principal and interest 13,445,789 14,567,800 14,567,800 14,737,400 Service charges 17,925 8,000 8,000 8,000 Other operating expenses - 5,000 - 9,000 TOTAL EXPENDITURES 13,463,714 14,580,800 14,575,800 14,754,400 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 142,996 (93,000) (193,000) (329,200) BEGINNING FUND BALANCE 2,453,864 2,197,662 2,596,860 2,403,860 ENDING FUND BALANCE $ 2,596,860 $ 2,104,662 $ 2,403,860 $ 2,074,660 I WATER UTILITIES FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 FY 2009 FY 2009 FY 2010 REVENUES Water sales $ 25,530,246 $ 27,080,400 $ 25,165,000 $ 27,544,400 Sewer charges 6,203,244 6,612,600 6,510,000 7,055,600 Other 2,210,821 1,997,000 1,961,000 1,822,000 TOTAL REVENUES 33,944,311 35,690,000 33,636,000 36,422,000 EXPENDITURES Wages 6,086,958 6,507,900 6,429,900 6,818,100 Benefits 2,965,619 3,242,000 3,479,600 3,516,800 Operating expenditures 683,204 1,204,000 1,103,700 1,197,900 Repair and maintenance 4,049,912 3,928,900 3,794,300 4,399,700 Utilities 2,252,118 2,488,900 2,165,700 2,454,600 Contract services 668,927 1,044,600 1,030,400 1,044,900 Equipment purchases - 14,000 15,000 5,300 Capital expenditures 2,250,719 2,593,600 2,248,200 659,600 Debt service 9,170,644 10,344,200 10,270,700 11,063,100 Payment in lieu of taxes 5,630,000 5,630,000 5,630,000 5,730,000 Transfers to other funds 270,000 270,000 270,000 270,000 TOTAL EXPENDITURES 34,028,101 37,268,100 36,437,500 37,160,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (83,790) (1,578,100) (2,801,500) (738,000) BEGINNING FUND BALANCE 9,509,172 8,083,855 9,425,382 6,623,882 Unreserved 9,425,382 6,505,755 6,623,882 5,885,882 ENDING FUND BALANCE $ 9,425,382 $ 6,505,755 $ 6,623,882 $ 5,885,882 SOLID WASTE FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2009 Estimated Budget FY 2008 (As Amended) FY 2009 FY 2010 REVENUES Residential collections $ 5,888,694 $ 5,800,000 $ 5,924,500 $ 5,800,000 Landfill fees 3,322,731 2,600,000 3,915,000 2,600,000 Proceeds from sale of assets - 1,500 100 1,500 Other 166,928 92,000 24,800 92,000 TOTAL REVENUES 9,378,353 8,493,500 9,864,400 8,493,500 EXPENDITURES Wages 2,005,542 2,054,800 2,083,600 2,155,300 Benefits 1,052,410 1,129,200 1,191,100 1,196,900 Operating expenditures 545,638 1,448,600 640,000 977,600 Repair and maintenance 2,813,772 2,026,200 2,414,200 2,386,600 Utilities 33,223 32,000 23,500 32,500 Contract services 159,511 224,200 260,600 223,600 Equipment purchases 9,059 8,200 4,100 8,200 Capital expenditures 1,054,375 346,500 348,000 2,199,300 Debt service 596,974 185,700 185,700 183,800 Payment in lieu of taxes 1,306,000 1,306,000 1,306,000 1,406,000 Transfers to other funds 85,000 170,000 170,000 85,000 TOTAL EXPENDITURES 9,661,504 8,931,400 8,626,800 10,854,800 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES _ 2( 83,151) (437,900) 1,237,600 (2,361,300) BEGINNING FUND BALANCE 2,982,465 2,450,368 2,699,314 3,936,914 Unreserved 2,699,314 2,012,468 3,936,914 1,575,614 ENDING FUND BALANCE $ 2,699,314 $ 2,012,468 $ 3,936,914 $ 1,575,614 I HOTEL OCCUPANCY TAX FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2009 Estimated Budget FY 2008 (As Amended) FY 2009 FY 2010 REVENUES Gross receipts taxes $ 2,722,756 $ 2,500,000 $ 3,130,000 $ 2,600,000 Other 85,286 56,300 97,800 33,800 TOTAL REVENUES 2,808,042 2,556,300 3,227,800 2,633,800 EXPENDITURES Convention and Visitors Bureau 1,571,672 1,735,800 1,770,100 1,905,700 Designated programs 310,000 452,000 452,000 452,000 Payment in lieu of taxes - 100,000 100,000 100,000 Transfers to other funds 645,700 1,135,700 1,135,700 735,700 TOTAL EXPENDITURES 2,527,372 3,423,500 3,457,800 3,193,400 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 280,670 (867,200) (230,000) (559,600) BEGINNING FUND BALANCE 997,408 1,138,010 1,278,078 1,048,078 Unreserved 1,278,078 270,810 1,048,078 488,478 ENDING BALANCE $ 1,278,078 $ 270,810 $ 1,048,078 $ 488,478 Convention&Tourism Personnel FY 2008 FY 2009 FY 2010 Exempt 8 8 8 Clerical 1 1 1 9 9 9 HENRY HOMBERG GOLF COURSE FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 FY 2009 FY 2009 FY 2010 REVENUES Charges for services $ 438,556 $ 496,000 $ 475,500 $ 495,000 Other 4,062 4,700 3,700 500 Transfers in 35,000 35,000 35,000 70,000 TOTAL REVENUES 477,618 534,700 514,200 565,500 EXPENDITURES Wages 197,576 202,000 221,200 205,200 Benefits 59,089 63,600 73,100 65,500 Operating expenditures 72,908 70,600 47,700 47,600 Repair and maintenance 47,127 54,800 46,100 62,800 Utilities 17,785 20,300 19,200 19,300 Contract services 11,545 16,600 16,600 15,200 Capital expenditures 54,400 58,600 58,600 55,300 Debt service 75,645 75,700 75,700 75,700 TOTAL EXPENDITURES 536,075 562,200 558,200 546,600 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (58,457) (27,500) (44,000) 18,900 BEGINNING FUND BALANCE 117,614 51,310 59,157 15,157 Unreserved 59,157 23,810 15,157 34,057 ENDING FUND BALANCE $ 59,157 $ 23,810 $ 15,157 $ 34,057 i MUNICIPAL TRANSIT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 Eli'2009 FY 2009 FY 2010 REVENUES Service charges $ 591,316 $ 715,000 $ 575,000 $ 60,000 Intergovernmental revenues 2,977,194 8,400,000 8,363,700 4,581,600 Other 2,095 130,800 500 500 Transfers in 2,020,000 2,000,000 2,000,000 1,900,000 TOTAL REVENUES 5,590,605 11,245,800 10,939,200 7,082,100 EXPENDITURES Contract services 4,719,469 4,714,500 4,495,000 4,715,000 Capital outlay 1,014,778 8,200,000 6,200,000 2,362,500 TOTAL EXPENDITURES 5,734,247 10,914,500 10,695,000 7,077,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 1(43,642) 331,300 244,200 4,600 BEGINNING FUND BALANCE 198,782 14,282 55,140 299,340 Unreserved 55,140 345,582 299,340 303,940 ENDING FUND BALANCE $ 55,140 $ 345,582 $ 299,340 $ 303,940 OTHER FUNDS STATEMENT OF REVENUES AND EXPENDITURES Estimated Balance FY 2010 Balance 10101/09 Revenues Approp. 09/30110 Municipal Airport $ 648 $ 203,700 204,348 $ - Texas Motor Carrier Violations 66,476 40,500 106,976 - Municipal Court Security Fee 4,397 60,000 64,397 Municipal Court Technology 457,914 84,500 542,414 - Municipal Court Juvenile Case Manager 6,655 48,100 54,755 - Ike Recovery (5,117,423) 9,479,900 4,362,477 - Gustav Recovery (1,166,003) 1,166,003 - - Library Grants (2,700) 10,000 7,300 Confiscated Goods 40,890 51,000 91,890 - Julie Rogers Theatre Endowment 121,888 1,300 23,188 100,000 (1) Tyrrell Historical Library 122,803 1,000 123,803 - Expendable Trust 242,461 12,700 255,161 Library Trust 118,560 1,400 120,960 - Library Endowment 882,112 9,800 117,012 774,900 (1) Historical Fire Museum 178 10,000 10,178 - TOTAL $ $ 11,179,903 $ 6,084,859 $ 873,900 (1) Unexpendable endowment CAPITAL RESERVE FUND "iA Ax STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2009 Estimated Budget FY 2008 (As Amended) FY 2009 FY 2010 REVENUES Fleet rental $ 1,249,300 $ 1,967,700 $ 1,967,700 $ 2,116,100 Other 535,610 204,800 255,900 204,800 Transfers in 7,150,000 3,850,300 4,031,200 - TOTAL REVENUES 8,934,910 6,022,800 6,254,800 2,320,900 EXPENDITURES Improvements 1,988,859 5,439,000 4,117,100 1,918,000 Equipment 1,132,462 1,434,900 1,685,300 904,500 Vehicles 2,701,097 2,650,400 3,161,300 1,747,000 Debt service 752,058 350,500 350,400 231,100 TOTAL EXPENDITURES 6,574,476 9,874,800 9,314,100 4,800,600 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 2,360,434 (3,852,000) (3,059,300) (2,479,700) BEGINNING FUND BALANCE 6,482,189 6,529,880 8,842,623 5,783,323 Unreserved 8,842,623 2,677,880 5,783,323 3,303,623 ENDING FUND BALANCE $ 8,842,623 $ 2,677,880 $ 5,783,323 $ 3,303,623 I FLEET MANAGEMENT FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 FY 2009 FY 2009 FY 2010 REVENUES User fees $ 7,962,492 $ 8,141,900 $ 7,414,000 $ 7,917,300 Other 16,463 500 14,300 500 Transfers in 300,000 - - - TOTAL REVENUES 8,278,955 8,142,400 7,428,300 7,917,800 EXPENDITURES Wages 1,213,641 1,406,800 1,314,000 1,415,600 Benefits 551,357 685,600 702,700 719,100 Operating expenditures 2,906,302 3,465,200 2,255,200 3,068,400 Repair and maintenance 2,212,922 2,334,100 2,342,600 2,331,200 Utilities 45,455 57,500 55,500 57,500 Contract services 709,080 691,200 771,900 696,000 Equipment purchases 38,927 32,700 35,500 16,200 TOTAL EXPENDITURES 7,677,684 8,673,100 7,477,400 8,304,000 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 601,271 (530,700) (49,100) (386,200) BEGINNING FUND BALANCE 558,936 1,242,738 1,160,207 1,111,107 Reserved for inventory - - - - Unreserved 1,160,207 712,038 1,111,107 724,907 ENDING FUND BALANCE $ 1,160,207 $ 712,038 $ 1,111,107 $ 724,907 EMPLOYEE BENEFITS FUND STATEMENT OF REVENUES AND EXPENDITURES Actual Budget Estimated Budget FY 2008 FY 2009 FY 2009 FY 2010 REVENUES Service charges $ 13,086,482 $ 14,038,500 $ 14,015,000 $ 13,996,500 Employee contributions 2,724,022 2,704,000 2,794,200 3,116,700 Other 189,394 200,000 125,900 45,000 Transfers in 230,000 230,000 230,000 30,000 TOTAL REVENUES 16,229,898 17,172,500 17,165,100 17,188,200 EXPENDITURES Health Preferred Provider Organization 6,817,520 7,605,200 7,543,100 7,844,500 Health Maintenance Organization 4,167,884 4,645,000 4,235,000 4,531,500 Health Prescriptions 2,300,749 2,500,000 2,499,700 2,725,000 Dental 727,224 880,300 844,900 893,500 Other benefits _ 183,031 187,200 182,300 183,200 Total _ 14,196,408 15,817,700 15,305,000 16,177,700 Worker's Compensation Third party administration 62,400 65,600 63,000 63,600 Claims paid 1,246,969 1,000,000 1,100,000 1,000,000 Excess insurance 82,680 99,300 81,500 90,000 Safety management 182,331 197,200 199,500 202,500 Total 1,574,380 1,362,100 1,444,000 1,356,100 General Unemployment 93,811 100,000 95,000 100,000 Short-term disability 401,932 425,000 425,000 425,000 Total 495,743 525,000 520,000 525,000 TOTAL EXPENDITURES 16,266,531 17,704,800 17,269,000 18,058,$00 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES (36,633) (532,300) (103,900) (870,600) BEGINNING FUND BALANCE 4,168,6$8 4,172,190 4,132,055 4,028,155 Unreserved 4,132,055 3,639,890 4,028,155 3,157,555 ENDING FUND BALANCE $ 4,132,055 $ 3,639,890 $ 4,028,155 $ 3,157,555 GENERAL LIABILITY FUND STATEMENT OF REVENUES AND EXPENDITURES Budget Actual FY 2009 Estimated Budget FY 2008 (As Amended) FY 2009 FY 2010 REVENUES Transfers in $ 825,000 $ 1,210,000 $ 1,210,000 $ 325,000 Other 48,529 50,000 14,500 15,000 TOTAL REVENUES 873,529 1,260,000 1,224,500 340,000 EXPENDITURES Professional services 97,228 100,000 215,000 200,000 Claims paid 747,509 840,000 554,600 1,325,000 Other insurance 4,136 4,500 4,200 1 4,500 TOTAL EXPENDITURES 848,873 944,500 773,800 1,529,500 EXCESS(DEFICIT)REVENUES OVER EXPENDITURES 24,656 315,500 450,700 (1,189,500) BEGINNING FUND BALANCE 1,524,851 1,242,077 1,549,507 2,000,207 Reserved for unpaid claims - - - - Unreserved 1,549,507 1,557,577 2,000,207 810,707 ENDING FUND BALANCE $ 1,549,507 $ 1,557,577 $ 2,000,207 $ 810,707 2 September 22,2009 Consider adopting the 2010 Capital Program k4I Fit UPPUFt i.:ti 44..i. r T . E . X . A . S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager y�,( PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: September 22, 2009 REQUESTED ACTION: Council considering adopting the 2010 Capital Program. RECOMMENDATION Administration recommends Council adopt the 2010 Capital Program as submitted to Council May 15, 2009 and revised August 13, 2009. BACKGROUND Article VI, Section 20 states that "the Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the twenty-seventh (27") day of the last month of the current fiscal year." The Capital Program was originally submitted to Council on May 15, 2009. It was revised and submitted to Council on August 13, 2009, and reviewed during a work session on August 25, 2009. A public hearing was also held on August 25, 2009. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the FY 2009 Capital Program is hereby adopted. The Capital Program is substantially in the form attached hereto as Exhibit"A". A public hearing was held August 25, 2009. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - PUBLIC WORKS PROJECTS Recommended Estimated Time Schedule Design or Construction Phase Cost FY 2010-2012 Avenue A - Washington to US 69 S $ 10,140,000 Belvedere - Regina to Dead End 2,500,000 Calder - Main to Phelan 62,000,000 [1] CaldWood Outfall 7,600,000 Cartwright/Corley - Ditch 100d 1,500,000 [2] College Street - IH-10 to Goliad 10,600,000 Concord Road - Phase IV - E. Lucas to Hwy. 105 21,000,000 [31 Delaware - Concord to Dowlen 16,680,000 Dowlen - College to Walden 16,330,000 [4] Dowlen - US 69 N to Delaware 14,600,000 Downtown Improvements Park&Neches - College to Laurel 10,180,000 Willow -Crockett to North 1,320,000 [5] Pearl Street - Calder to North 680,000 Wall - Neches to ML King 6,500,000 Crockett - Neches to ML King 3,000,000 Future Improvements 1,150,000 East Lucas - US 69 N to Pine 17,400,000 Eleventh Street - Washington to US 69 N 20,800,000 Fannett Road 880,000 Fannin Street - Fourth to Eleventh 7,250,000 [6] Gladys Street - IH-10 to Dowlen 11,600,000 Gulf Street - Live Oak to Delaware 3,100,000 Howell - Regina to Sue 2,500,000 Illuminated Street Markers Signalized Intersections 1,400,000 Laurel - IH-10 to Office Park 6,490,000 Madison - Irving to Grove 3,420,000 Magnolia - Bowie to E. Lucas 24,800,000 North Street - ML King to Twenty-Third 10,460,000 Old Dowlen - Dowlen to Hwy. 105 8,400,000 [71 Regina - Howell to Thomas 2,200,000 School Sidewalk Program 1,500,000 Seventh Street - IH-10 to Laurel 5,800,000 Street Rehabilitation Program 5,000,000 Traffic Signal Controllers 440,000 Washington - IH-10 to ML King 25,000,000 Washington - Langham to Major 9,250,000 [s] [1] Includes FEMA funding of$31,555,000 and ORCA funding of$1,950,000. The estimated cost to the City is$28,495,000. [2] This is a joint participation project with Jefferson County Drainage District No.6.The estimated cost to the City is$1,500,000. [3] Includes Federal Highway Administration funding up to$7,375,000. [4] Includes Federal Highway Administration funding of$2,764,800. [5] Includes Federal Highway Administration funding of$512,000. [6] Includes Texas Development Water Board funding of$2,942,780. [7] Includes TxDOT funding up to$4,000,000. [8] Includes Federal Highway Administration funding of$3,080,000. EXHIBIT "A" Recommended Estimated Time Schedule Planned Protects cost FY 2010-2014 Babe Zaharias Drive $ 1,950,000 Dowlen Road - Delaware to Gladys 10,350,000 High School Ditch 12,600,000 Moore Street Relief 8,120,000 North Main Street - Calder to Railroad Tracks 2,600,000 Phelan Boulevard - IH-10 to Dowlen 22,000,000 Pine Street - IH-10 to Crockett 5,230,000 Sabine Pass - Emmett to ML King 3,880,000 South Park Relief 10,800,000 GENERAL IMPROVEMENT PROJECTS Recommended Estimated Time Schedule Design or Construction Phase Cost FY 2010-2012 Amtrak Station Improvements $ 500,000 Athletic Complex Tennis Center 4,000,000 Central Fire Station-Design Only 1,000,000 Civic Center Improvements 1,000,000 Communications Building 1,500,000 Downtown Event Center&Park 9,250,000 Downtown Library 3,700,000 EMS Station No.2 950,000 Fire Station No.2 Relocation 2,500,000 Fleet Fire Maintenance Facility 1,500,000 Municipal Airport Improvements 3,200,000 (1) Municipal Court Improvements 1,500,000 Police Department Property Building 1,500000 Property Acquisition&Site Improvements 1,000,000 Riverfront Park Improvements 3,000,000 Surplus Property Building 750,000 Transportation Operations Shop 2,600,000 Tyrrell Historical Library Addition 2,400,000 Tyrrell Park Improvements 2,500,000 (2) Walking Trail Improvements at Various Parks 500,000 Recommended Time Schedule Planned Projects FY 2010-2044 Downtown Waterway and Infrastructure Improvements 4,750,000 Fire Station No.7 Relocation 2,500,000 Fire Station No. 11 Relocation 2,500,000 Fleet Service Center Improvements 2,500,000 Hike and Bike Trail Phase II-Delaware to Folsom 1,000,000 Public Health Complex 4,000,000 Senior Center 2,300,000 1 Improvements to be funded by the Federal Aviation Adm.95/5% 2 Includes funding from the Capital Reserve Fund in the amount of$1,050,000. WATER AND SEWER PROJECTS Recommended Estimated Time Schedule Desian or Construction Phase Cost FY 2010-2012 Master Plan for Water&Sewer System $ 400,000 Water Department Security System 250,000 Water Projects: 36"Transmission Line 8,800,000 Ammonia Addition to Loeb Well 550,000 Automatic Flushing Devices 100,000 Lawson's Pump Station 700,000 Loeb Tank Rehabilitation 230,000 Water Bottling Plant 1,500,000 Water Line and Fire Hydrant Installation/Replacement 3,000,000 Water Rights Study 200,000 Water Treatment Plant Improvements - Phase II 8,750,000 Sewer Projects: 54"Central Trunk Rehabilitation 6,000,000 60"Trunk Line Rehabilitation 5,000,000 72"and 36"Trunk Lines Rehabilitation 6,000,000 Degritter - Wastewater Treatment Plant 8,000,000 Dredge Ponds 1 and 2 at Wastewater Treatment Plant 800,000 East Lucas Relief Project 2,200,000 Florida Avenue&Fannett Road Interceptors 3,000,000 Frint Lift Station 1,200,000 Grit Pump Replacement - Wastewater Treatment Plant 1,150,000 Lift Station Repairs 900,000 Sanitary Sewer Rehabilitation - Small Mains(Pipe Bursting) 6,000,000 Twenty-Third Street Lift Station 1,500,000 Wastewater Treatment Plant Aerobic Digesters 350,000 Wastewater Treatment Plant Bar Screens 1,300,000 Wastewater Treatment Plant Clarifiers Rehabilitation 3,800,000 Wastewater Treatment Plant Generators 2,200,000 Wastewater Treatment Plant Holding Pond 2,700,000 Wastewater Treatment Plant Master Plan 600,000 Wastewater Treatment Plant Piping Rehabilitation 1,200,000 Wetlands Design&Rehabilitation 10,250,000 l WATER AND SEWER PROJECTS Recommended Time Schedule Design or Construction Phase (continued) Estimated Cost FY 2010-2012 Water/Sewer for Street Projects: Avenue A - Washington To US 69 S $ 780,000 Belvedere - Regina to Dead End 380,000 Calder - Main to Phelan 2,496,000 College Street - IH-10 to Goliad 1,008,000 Concord Road - Phase IV - East Lucas to Hwy. 105 1,368,000 Delaware - Concord to Dowlen 3,276,000 Dowlen - College to Walden 1,872,000 Dowlen - US 69 N to Delaware 1,092,000 Downtown Improvements: Park - Century Tower 50,000 Willow - North to Laurel 50,000 Pearl, Park,Neches, Liberty&College 150,000 East Lucas - US 69N to Pine 2,304,000 Eleventh Street - Washington to US 69 N 528,000 Fannett Road 240,000 Fannin - Fourth to Eleventh 997,000 Gladys Street - IH-10 to Dowlen 1,536,000 Gulf Street - Live Oak to Delaware 624,000 Howell - Regina to Sue 467,000 Laurel - IH-10 to Office Park 588,000 Madison - Irving to Grove 132,000 Magnolia - Bowie to East Lucas 2,928,000 North Street - ML King to Twenty-Third 1,152,000 Old Dowlen - Dowlen to Hwy. 105 636,000 Regina - Howell to Thomas 456,000 Seventh Street - IH-10 to Laurel 612,000 Washington - IH-10 to ML King 2,400,000 Washington - Langham to Major 2,076,000 WATER AND SEWER PROJECTS Recommended Estimated Time Schedule Planned Projects Cost FY 2010-2014 Lift Station Repairs $ 600,000 Sanitary Sewer Rehabilitation - Small Mains(Pipe Bursting) 4,000,000 Wastewater Treatment Plant Ground Improvements 1,000,000 Water Line and Fire Hydrant Installation/Replacement 2,000,000 Water/Sewer for Street Projects: Babe Zaharias Drive 50,000 Dowlen Road - Delaware to Gladys 756,000 North Main Street - Calder to Railroad Tracks 204,000 Phelan Boulevard - IH-10 to Dowlen 708,000 Pine Street - IH-10 to Crockett 528,000 Sabine Pass - Emmett to ML King 1,020,000 3 September 22, 2009 Consider ratifying the budgeted property tax increase reflected in the FY 2010 Budget r C . T • E . X . A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer -1 MEETING DATE: September 22, 2009 REQUESTED ACTION: Council to ratify the budgeted property tax increase reflected in the FY 2010 Budget. RECOMMENDATION Administration recommends Council take a separate vote to ratify the budgeted property tax increase reflected in the FY 2010 Budget which will raise more total property taxes than last year's budget by $1,396,000 or 3.55% and of that amount $1,339,600 is tax revenue to be raised from new property added to the tax roll this year. BACKGROUND Section 102 of the Local Government Code includes the following: "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." BUDGETARY IMPACT The FY 2010 Budget includes $1,396,000 more in property tax revenues than was included in the FY 2009 Budget. i ORDINANCE NO. ENTITLED AN ORDINANCE RATIFYING THE BUDGETED PROPERTY TAX INCREASE REFLECTED IN THE FY 2010 BUDGET. WHEREAS, the proposed FY 2010 budget will raise more total property taxes than last year's budget by $1,396,000 or 3.55%; and, WHEREAS, the adoption of a budget that will raise more revenue from property taxes than in the previous year requires a vote separate from and in addition to the vote to adopt the budget; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the property tax increase reflected in the budget which will raise more total property taxes than last year's budget by $1,396,000 be and the same is hereby, by separate vote, ratified. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - i 4 September 22,2009 Consider accepting the tax roll and establishing the property tax rate for the tax year 2009 (FY 2010) iii;:t3 'X L"1 if i1 P L'(1 3i y w i'S r C � 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 22, 2009 REQUESTED ACTION: Council consider accepting the tax roll and establishing the property tax rate for the tax year 2009 (FY 2010). RECOMMENDATION Administration recommends that Council accept the Jefferson County Appraisal District's Certified Tax Roll and adopt a property tax rate of$0.64 for the tax year 2009 (FY 2010). The tax rate would be apportioned $0.440277/$100 assessed valuation to the General Fund and $0.199723/$100 assessed valuation to the Debt Service Fund. Section 26.05(b) of the Property Tax Code, mandates the language in the motion to adopt the tax rate if the tax rate exceeds the effective tax rate. Administration recommends the motion to adopt the tax rate be made as follows, in order to recognize that no change is proposed to the tax rate while still including the statement mandated by law. The mandated language is shown in bold. "I move that the property tax rate be increased by the adoption of a tax rate of 0.640000, which is effectively a 0.36 percent increase in the tax rate. This tax rate reflects no change from the 2008 tax rate but is .36 percent above the 2009 effective tax rate." BACKGROUND Chapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws in adopting their tax rates. State law requires all taxing units to adopt their tax rates before the later of September 30 or the 60`" day after the taxing unit receives the appraisal roll. State law also requires the adoption of the Budget before the tax rate. This same chapter of the Property Tax Code dictates language that is required to be included in the ordinance that "sets a tax rate that, if applied to the total taxable value, will impose an amount of taxes to fund maintenance and operation expenditures of the taxing unit that exceeds the amount of taxes imposed for that purpose in the preceding year." The statement that must be included in the City's ordinance setting the tax rate is as follows in bold: This tax rate will raise more taxes for maintenance and operations than last year's tax rate. I Adopt 2009 Tax Rate September 22, 2009 Page 2 In accordance with truth-in-taxation laws, two public hearings were held on August 25, 2009 and on September 1, 2009. A third hearing was held on September 8, 2009 to allow the City to adopt the tax rate on September 22, 2009 and comply with the truth-in-taxation requirements that says the meeting to adopt the tax rate cannot be more than fourteen (14) days from the second (last) public hearing. In addition, all required notices were published in the newspaper, on the City's website, and on the municipal channel. BUDGETARYIMPACT 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 STATE OF TEXAS COUNTY OF JEFFERSON City of Beaumont CERTIFICATION OF 2009 APPRAISAL ROLL FOR City of Beaumont 1, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. July 27 2009 % �-- Date Roland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal District 2009 APPRAISAL ROLL INFORMATION 2009 Gross Value $7,226,477,990 2009 Gross Taxable Value (Net Appraised) $6,785,237,506 Total Number of Accounts 4,022 #of Accounts with Homestead Exemption 24,412 #of Accounts with Over-65 Exemption 7,890 # of Accounts with Disabled Exemption 1,471 # of Accounts with Veterans Exemption 707 # of Agriculture-Use Accounts 226 #of Exempt Accounts 4,022 2009 Taxable Value $6,556,908,133 RECEIVED BY: DATE: ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE TAX ROLL FOR THE CITY OF BEAUMONT; ESTABLISHING A TAX RATE; PROVIDING FOR LEVYING, ASSESSING AND COLLECTING OF AD VALOREM TAXES FOR THE TAX YEAR 2009 (FY 2010); PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Jefferson County Appraisal District has furnished to the City of Beaumont the certified tax roll for the City of Beaumont as of July 27, 2009, to be $6,556,908,133; and, WHEREAS,the City Council finds that the tax roll submitted by the Jefferson County Appraisal District should be accepted and that a tax rate in the amount of$0.64 per each $100 of value for the tax year 2009 (FY 2010) should be established based upon said roll; and WHEREAS, THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the tax roll submitted to the City Council by the Jefferson County Appraisal District, a summary of which is attached as Exhibit "A", and showing the total net taxable assessed value of all property within the City to be$6,556,908,133 is hereby approved and accepted by the City of Beaumont. Section 2. That there shall be and is hereby levied and shall be assessed and collected for the tax year 2009 (FY 2010), for municipal purposes only, an ad valorem tax rate of$0.64 on each $100 worth of property located within the city limits of the City of Beaumont made taxable by law, which said taxes, when collected, shall be for the purposes hereinafter set forth as follows: General Fund $0.440277 Debt Service Fund $0.199723 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - STATE OF TEXAS COUNTY OF JEFFERSON City of Beaumont CERTIFICATION OF 2009 APPRAISAL ROLL FOR City of Beaumont I, Roland R. Bieber, Chief Appraiser for the Jefferson County Appraisal District, solemnly swear that the attached is that portion of the approved Appraisal Roll of the Jefferson County Appraisal District that lists property taxable by and constitutes the appraisal roll for City of Beaumont. /ry July 27, 2009 ,Z- Date Roland R. Bieber, RPA Chief Appraiser Jefferson County Appraisal District 2009 APPRAISAL ROLL INFORMATION 2009 Gross Value $7,226,477,990 2009 Gross Taxable Value (Net Appraised) $6,785,237,506 Total Number of Accounts 4,022 #of Accounts with Homestead Exemption 24,412 #of Accounts with Over-65 Exemption 7,890 #of Accounts with Disabled Exemption 1,471 #of Accounts with Veterans Exemption 707 #of Agriculture-Use Accounts 226 #of Exempt Accounts 4,022 2009 Taxable Value $6,556,908,133 RECEIVED BY: DATE: EXHIBIT "A" 1.�A UALLULAllUNJ ZZ1 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT 11411 009 10.38.58 ADP3TAXC 2009 APPRAISAL ROLL 12310403 PAGE 1 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00% * OVER SIXTY-FIVE LOCAL :OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .640000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ACCOUNTS SUB-TOTALS GROSS VALUE IN DISTRICT 64,486 7,226,477,990 p * MINUS EXEMPT ACCOUNTS 4,022 398,481,694 6,827,996,296 MINUS AGRICULTURE ACCOUNTS 226 MARKET VALUE 38,613,190 PRODUCTION VALUE 804,000 LOSS DUE TO AG EXEMPTIONS 37,809,190 6,790,187,106 SUBJECT TO LATE PENALTY p POLLUTION CONTROL 3 4,949,600 6,785,237,506 FREEPORT ACCOUNTS 0 0 6,785,237,506 LEASED VEHICLES 0 0 6,785,237,506 PRIMARILY CHARITABLE ORG 8 0 . 6,785,237,506' NET APPRAISED VALUE 60,453 6,785,237,506 LOSS DUE TO LIMIT 6,663 53,877,110 6,731,360,396 ABATED ACCOUNTS 0 HISTORICAL ACCOUNTS 7 0 6,731,360,396 PARTIAL EXEMPTION 3,346,930 6,728,013,466 2 0 6,728,013,466 EXEMPTIONS STATE MANDATED HOMESTEAD 24,412 0 6,728,013,466 STATE MANDATED 065 7,890 0 6,728,013,466 STATE MANDATED DISABLED 1,471 0 6,728,013,466 LOCAL OPTION 065 7,890 . 136,853,763 6,591,159,703 LOCAL OPTION DISABLED 1,471 25,085,100 6,566,074,603 LOCAL OPTION HOMESTEAD 24,412 0 161,938,863 6,566,074,603. VETERAN EXEMPTIONS EXEMPTION CODE 1 @ 0 0 0 EXEMPTION CODE 2 @ 5000 181 903,790 EXEMPTION CODE 3 @ 7500 62 444,630 EXEMPTION CODE 4 @ 10000 69 671,310 EXEMPTION CODE 5 @ 12000 86 1,011,320 EXEMPTION CODE 6 @ 12000 268 3,096,850 EXEMPTION CODE 7 @ 12000 0 0 EXEMPTION CODE 8 @ 5000 9 45,000 EXEMPTION CODE 9 @ 100 % 32 2,993,570 TOTAL VETERAN 707 9,166,470 NET TAXABLE 6,556,908,133 GROSS TAX AMOUNT .00640000 ------- --- ---------- ------- -- -- - -- --- - -- - -- -- -- -- - -- ----------> $ 41,964,212.59 ** 065 FROZEN TAX ACCOUNTS 0 065 BEFORE FROZEN TAX .00 MINUS 065 FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** 00 DISABL FROZEN ACCOUNTS p DISABLE BEFORE FROZEN TAX .00 MINUS DISABL FROZEN TAX .00 LOSS DUE TO FROZEN TAX *** .00 NET TAX AMOUNT ---------- -- -------- -------- -- ------- --- -- -- - --- ----- ---- -- ---------- ---- --- -- -- - ---- ----> $ 41,964,212.59 ** GROSS TAX AMOUNT IS CALCULATED ON AN INDIVIDUAL ACCOUNT BASIS ** INCLUDES 11 PRORATED EXEMPT ACCOUNTS TOTAL PRORATED EXEMPT AMOUNT 176,824 **.,INCLUDES 1 OVR65 PRORATED ACCOUNTS TOTAL PRORATED OVR65 AMOUNT 623 ** INCLUDES 2 PRORATED HOMESTEAD ACCTS TOTAL PRORATED HOMESTEADAMOUN 0 TAX CALCS221 JEFFERSON COUNTY APPRAISAL DISTRICT CITY OF BEAUMONT !/2.7/'2009 10.38.58 ADP3TAXC 2009 APPRAISAL ROLL PAGE 2 RATES AND * TAX RATE * HOMESTEAD LOCAL OPTION 00% * OVER SIXTY-FIVE LOCAL OPTION 17,500 * DISABILITY LOCAL OPTION 17,500 ALLOWANCES * $ .640000 * STATE MANDATED 0 * STATE MANDATED 0 * STATE MANDATED 0 ***************************************************************************************************************STATE*MANDATE******** CODE COUNT APPRAISED TAXABLE LEVY % OF TOTAL GROSS VAL 7,226,477,990 Al 33,728 3,303,666,729 3,095,774,176 19,812,955.75 .4721 A2 137 2,280,100 1,803,940 11,545.28 .0003 A5 2,987 214,749,230 203,377,600 1,301,617.20 .0310 B1 336 258,150,840 258,150,840 1,652,165.56 .0394 B2 399 14,179,510 13,644,570 87,325.14 .0021 B4 35 2,646,220 2,583,700 16,535.68 .0004 Cl 10,115 70,918,117 70,897,717 453,745.71 .0108 C2 946 27,015,570 27,015,570 172,899.52 .0041 D1 143 446,860 446,860 2,859.89 .0001 D2 75 306,660 306,660 1,962.63 .0000 D3 21 1,416,830 1,416,830 9,067.71 .0002 D4 402 35,367,770 35,367,770 226,353.67 .0054 D5 2 10,460 10,460 66.94 .0000 D9 2 200,660 200,660 1,284.23 .0000 E1 45 13,267,300 12,444,130 79,642.43 .0019 E2 1 100,570 100,570 643.65 .0000 FX 1 0 0 .00 .0000 F1 2,981 1,285,806,360 1,282,130,140 8,205,633.03 .1955 F2 33 18,534,100 18,534,100 118,618.24 .0028 F5 32 2,435,150 2,435,150 15,584.98 .0004 F9 31 128,424,600 128,424,600 821,917.46 .0196 G1 160 1,095,350 1,095,350 7,010.24 .0002 G2 49 3,090 3,090 19.74 .0000 J2 23 7,238,080 7,238,080 46,323.73 .0011 J3 94 107,944,980 107,944,980 690,847.82 .0165 J4 20 41,882,470 41,882,470 268,047.80 .0064 J5 59 20,449,140 20,449,140 130,874.49 .0031 36 157 15,426,940 15,426,940 98,732.43 .0024 J7 5 9,357,140 9,357,140 59,885.70 .0014 J8 135 17,251,770 17,251,770 110,411.28 .0026 L1 6,329 794,056,000 794,056,000 5,081,957.05 1211 L2 1 19,660 19,660 125.82 .0000 L6 81 37,227,430 37,227,430 23.8,255.54 .0057 L8 28 276,498,940 276,498,940 1,769,593.20 .0422 L9 77 54,371,490 54,371,490 347,977.57 .0083 M1 380 2,862,960 2,574,920 16,479.51 .0004 01 385 16,444,690 J 16,444,690 105,245.97 .0025 ------- -------------- ------------ -- ---- - -- - --- --- 60,435 6,782,053,766 6,556,908,133 41,964,212.59 A 36,852 3,520,696,059 3,300,955,716 21,126,118.23 .5034 8 770 274,976,570 274,379,110 1,756,026.38 .0418 C 11,061 97,933,687 97,913,287 626,645.23 .0149 D 645 37,749,240 . 37,749,240 241,595.07 .0058 E 46 13,367,870 12,544,700 80,286.08 .00191. F 3,078 1,435,200,210 1,431,523,990 9,161,753.71 .2183 G 209 1,098,440 1,098,440 7,.029.98 .0002 J 493 219,550,520" 219,550,520 1,405,123.25 .0335 L 6,516 1,162,173,520 1,162,173,520 7,437,909.18 .1772 M 380 2,862,960 2,574,920 16,479.51 .0004 0 385 16,444,690 16,444,690 105,245.97 .0025 ------- --- ----- ------ - -- ------- ---- - - ----- ------- 60,435 6,782,053,766 6,556,908,133 41,964,212.59 5 September 22, 2009 Consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances RICH WITH OPPORTUNITY 11EA,[1M0N* 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 22, 2009 REQUESTED ACTION: Council consider amending Section 28-50, Water Service Rates and Section 28-51, Sanitary Sewer Service Rates of the Code of Ordinances. RECOMMENDATION Administration recommends approval of an increase in the water and sewer rates by seven(7) percent which is needed to effectively operate the Water Utilities Fund and to provide for the necessary debt service associated with water and sewer system projects. The new rates would be effective October 1, 2009. Current and proposed rates are attached. BACKGROUND The Water Utilities Department has been and is continuing to undertake a major capital improvement effort to enhance the water and sewer system. The City's infrastructure is aging and requires rehabilitation and replacement of many parts in the system. Also, some of the improvements are required to meet state and federal regulations. Approximately $118 Million of water and sewer system improvements have been identified to meet these regulations and to rehabilitate the systems over the next five years. These projects are in the design or construction phase in the 2010 Capital Program.. BUDGETARY IMPACT The proposed rate increase is projected to increase water and sewer revenues by $2.8 million for Fiscal Year 2010. Water/Sewer Rate Increase October 1, 2009 Minimum Monthly Rates Water Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 9.02 $ 9.65 $ 13.54 $ 14.49 1 9.98 10.68 14.97 16.02 1 1/2 10.95 11.72 16.41 17.56 2 13.66 14.62 20.50 21.94 3 27.77 29.71 41.66 44.58 4 33.66 36.02 50.49 54.02 6 (30.67 64.92 90.99 97.36 8 83.45 89.29 125.16 133.92 10 1'14.84 122.88 172.27 184.33 12 143.17 153.19 214.76 229.79 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 3.05 $ 3.26 $ 4.58 $ 4.90 Sewer Inside City Outside City Meter Current Proposed Current Proposed Size/Inches Rate Rate Rate Rate 5/8 $ 5.76 $ 6.16 $ 8.63 $ 9.23 1 5.86 6.27 8.78 9.39 1 1/2 5.95 6.37 8.92 9.54 2 6.47 6.92 9.69 10.37 3 7.32 7.83 10.97 11.74 4 10.72 11.47 16.09 17.22 6 17.57 18.80 26.33 28.17 8 21.47 22.97 32.22 34.48 10 29.29 31.34 43.92 46.99 12 37.09 39.69 55.62 59.51 Usage Rate First 1,000 Minimum Minimum Minimum Minimum Gallons Over 1,000 Gallons $ Per 1000 Gallons $ 2.76 $ 2.95 $ 4.15 $ 4.44 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 28, SUBSECTIONS 28-50(a) and 28-51(a), OF THE CODE OF ORDINANCES TO INCREASE WATERAND WASTEWATER RATES EFFECTIVE OCTOBER 1, 2008; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 28, Subsection 28-50(a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: 28.50. Water Service Rates. (a) Effective October 1, 2009, as shown below, the following rates per month shall be the rates charged for water service furnished to customers within and outside of the corporate limits of the City except as provided in paragraph (b) of this section. Water/Sewer Rate Increase October 1, 2009 Minimum Monthly Rates Water Meter Inside City Outside City Size/Inches Rate Rate 5/8 $ 9.65 $ 14.49 1 10.68 16.02 1 1/2 11.72 17.56 2 14.62 21.94 3 29.71 44.58 4 36.02 54.02 6 64.92 97.36 8 89.29 133.92 10 122.88 184.33 12 153.19 229.79 ,Usage Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $ 3.26 $ 4.90 Section 2. That Chapter 28, Section 28-51(a) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: 28-51. Wastewater Service Rates (a) Effective October 1, 2009, in each year as shown below, the following rates per month shall be the rates charged for wastewater services furnished to customers within and outside of the corporate limits of the City where the wastewater produced by such customers is a normal strength wastewater(150 mg/1 lb) except as provided in paragraph (b) of this section. Water/Sewer Rate Increase October 1, 2009 Minimum Monthly Rates Sewer Meter Inside City Outside City Size/inches Rate Rate 5/8 $ 6.16 $ 9.23 1 6.27 9.39 1 1/2 6.37 9.54 2 6.92 10.37 3 7.83 11.74 4 11.47 17.22 6 18.80 28.17 8 22.97 34.48 10 31.34 46.99 12 39.69 59.51 Usa a Rate First 1,000 Gallons Minimum Minimum Over 1,000 Gallons $ Per 1000 Gallons $ 2.95 $ 4.44 Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - 6 September 22, 2009 Consider authorizing the City Manager to receive funding through the Department of Homeland Security Grant Program RICH WITH OPPORTUNITY 17C A, � T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Frank C. Coffin, Jr., Chief of Police MEETING DATE: September 22, 2009 REQUESTED ACTION: Council consider authorizing the City Manager to receive funding in the amount of$347,713.31 through the Department of Homeland Security Grant Program(HSGP). RECOMMENDATION Administration recommends approval. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the State Homeland Security Program (SHSP) which Beaumont receives money from on a yearly basis. The Fire Department is requesting $20,000 for laptops and monitors for Dispatch and response coordination; $85,238.13 to purchase additional thermal imaging units toward the goal of one per truck; $24,000 for nozzles to replace antiquated and less efficient models currently in service; $45,500 for extractor washers to provide required maintenance and extend the life of bunker gear; and $10,761.87 for technical training and backfill. The Police Department is requesting $25,000 for a combination of command and control response needs, including wireless access to update MDCs for all city departments and to continue enhancing the Emergency Operations command and control facilities that have been so critical these past two years; $51,083.70 for additional all-weather protective jackets for patrol officers; $19,129.61 to provide advanced tactical training to enhance response capabilities; $37,000 for a plate scanning system to provide passive and active surveillance capability for patrol and investigations; and $30,000 for a combination of response equipment for 1 s` responder needs such as containment barriers for Hazardous Material spills, lighting, as well as search and rescue and surveillance equipment. BUDGETARY IMPACT An additional $347,713.31 for fire and law enforcement enhancements with no matching funds from the city. 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 receive funding for the City of Beaumont through the Homeland Security Grant Program (HSGP) in the amount of $347,713.31 under the State Homeland Security Program (SHSP) for use by the Fire and Police Departments. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - 7 September 22, 2009 Public Hearing: Receive comments related to an agreement with the Texas Department of Transportation to receive State Public Transportation Funds in the amount of$425,296 Consider authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds RICH WITH OPPORTUNITY r A,11 1�1 U1 I 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 22, 2009 REQUESTED ACTION: Council conduct a public hearing and consider a resolution authorizing the City Manager to execute an agreement with the Texas Department of Transportation to receive State Public Transportation Funds. RECOMMENDATION The Administration recommends that Council conduct a public hearing and authorize the City Manager to execute a State/Local Urban Public Transportation Fiscal Year 2010 Project Grant Agreement with the Texas Department of Transportation for the City to receive State Public Transportation Funds. BACKGROUND City Council annually authorizes the City Manager to execute a contract with the Texas Department of Transportation for the City to receive State Public Transportation Funds. These funds are used towards the City's local share of operating costs for the Beaumont Municipal Transit System. The City is scheduled to receive $425,296 in State Public Transportation Funds. The amount of funds received in previous years is provided below: FISCAL YEAR AMOUNT 2009 $370,668 2008 $371,289 2007 $400,000 2006 $431,336 BUDGETARY IMPACT State funding, totaling $425,296, will fund part of the estimated local share of $1,726,268 to operate the Beaumont Municipal Transit System for FY 2010. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a State/Local Urban Public Transportation Fiscal Year 2010 Project Grant Agreement, substantially in the form attached hereto as Exhibit "A," with the Texas Department of Transportation for the City of Beaumont to receive State Public Transportation Funds in the amount of$425,296 to assist in operating costs for the Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2009. - Mayor Becky Ames - RECIPIENT: City of Beaumont STATE/LOCAL PUBLIC TRANSPORTATION(SECTION 5307)GRANT AGREEMENT—STATE FUNDS PROJECT GRANT AGREEMENT NO.: URB 1001(20) STATE PROJECT#: 61.020F7044 SERVICE AREA: City of Beaumont MASTER GRANT AGREEMENT#517XXF7044 THE STATE OF TEXAS § THE COUNTY OF TRAVIS § STATE/LOCAL URBAN PUBLIC TRANSPORTATION FISCAL YEAR 2010 PROJECT GRANT AGREEMENT THIS PROJECT GRANT AGREEMENT (PGA) is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State," and City of Beaumont , hereinafter called the 'Recipient." WITNESSETH WHEREAS, Transportation Code, Chapter 455, authorizes the State to assist the Recipient in procuring aid for the purpose of establishing and maintaining public and mass transportation projects and to administer funds appropriated for public transportation under Transportation Code, Chapter 456; and, WHEREAS, the Recipient, as a 49 U.S.C. Section 5307 urban provider, submitted a Fiscal Year 2010 Grant Application, Part I (GA Part 1) for state financial assistance to be used to provide transportation services; and, WHEREAS, the Texas Transportation Commission has approved Minute Order Number 111847; and, WHEREAS, the Recipient must execute a GA Part I at the start of each fiscal year grant period for consideration for new state grants; and, WHEREAS, a Master Grant Agreement (MGA) between the Recipient and the State has been adopted and states the general terms and conditions for grant projects developed through this PGA. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the State and the Recipient hereto agree as follows: AGREEMENT ARTICLE 1. GRANT TIME PERIOD This PGA becomes effective when fully executed by both parties or on September 1, 2009 whichever is later. This PGA shall remain in effect until August 31, 2010 unless terminated or otherwise modified in an Amendment. This PGA will not be considered fully executed until both parties have executed a MGA, and the Recipient has submitted the GA Part I to the State. The time period of this PGA cannot be extended past the MGA without exception. Any cost incurred before or after the contract period shall be ineligible for reimbursement. City of Beaumont URB 1001(20) 1 EXHIBIT "A" ARTICLE 2. PROJECT DESCRIPTION The Recipient shall commence, carry out and complete the public transportation project described in the GA Part I and/or the attached Attachment A -Approved Project Description, with all practicable dispatch, in a sound, economical and efficient manner. The Recipient shall carryout the public transportation project described in the GA Part I and the attached Attachment A- Approved Project Description in accordance with all of the documents associated with the MGA, and with all applicable federal and state laws and/or regulations. If applicable, the Recipient shall begin competitive procurement procedures by issuing an invitation for bids or a request for proposals no later than sixty (60) days after the effective date of this grant agreement for the purchase of the approved line item(s) referenced in Attachment A - Approved Project Description. No later than sixty (60) days after the issuance of public notification, the Recipient shall publicly open all bids or privately review proposals. The Recipient shall enter into a binding agreement with a supplier no later than thirty (30) days after the opening of an acceptable bid or proposal. The Recipient shall notify the department in writing when it is necessary to exceed these deadlines. ARTICLE 3. COMPENSATION The maximum amount payable under this PGA without modification is $425,296 provided that expenditures are made in accordance with the amounts and for the purposes authorized in the GA Part I and the Attachment B - Master Project Budget. The original and one copy of the invoice is to be submitted to the following address: Anthony Cochran, Public Transportation Coordinator Texas Department of Transportation 8350 Eastex Freeway Beaumont, Texas 77708 ARTICLE 4. AMENDMENTS Except as noted in the MGA, changes in the scope, objectives, cost or duration of the project authorized herein shall be enacted by written amendment approved by the parties hereto before additional work may be performed or additional costs incurred. Any amendment so approved must be executed by both parties within the grant period specified in the MGA Article 1, Grant Time Period. ARTICLE 5. SUCCESSORS AND ASSIGNS The Recipient binds themselves, their successors, assigns, executors and administrators in respect to all covenants of this agreement. The Recipient shall not sign, sublet or transfer their interest in this agreement without the written consent of the State. ARTICLE 6. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. City of Beaumont URB 1001(20) 2 L ARTICLE 7. PRIOR AGREEMENTS This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the public transportation grant specifically authorized and funded under this agreement. ARTICLE 8. INCORPORATION OF PROVISIONS Attachments are attached hereto and incorporated into this contract as if fully set forth herein. ARTICLE 9. SIGNATORY WARRANTY The undersigned signatory for the Recipient hereby represents and warrants that he or she is an officer of the organization for which he or she has executed this agreement and that he or she has full and complete authority to enter into this agreement on behalf of the organization. IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE STATE OF TEXAS CITY OF BEAUMONT Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, I By: established policies or work programs heretofore approved Signature ofAuthorized Officer and authorized by the Texas Transportation Commission. B : Typed, Printed or Stamped Name Y Anthony Cochran, Public Transportation Coordinator Title: (Beaumont) Date: Date: List of Attachments A - Approved Project Description B - Master Budget Page City of Beaumont URB 1001(20) 3 I ATTACHMENT A APPROVED PROJECT DESCRIPTION The application for State assistance, as submitted to the State, is hereby incorporated into this agreement as the project description. [Insert a Narrative Project Description] The State Urban Public Transportation funding in the amount of$425,296 will be used to offset the local share of operating expenses for the Beaumont Municipal Transit System in fiscal year 2010, the period of October 1, 2009 through September 30,2010. These.expenses include the labor, fringe benefits, materials and supplies to include fuel, lubricants,tires, and repair parts, purchased services, utilities, insurance,taxes and licenses, and other miscellaneous expenses needed to operate and maintain the transit system. City of Beaumont URB 1001(20) 4 ATTACHMENT B MASTER BUDGET PAGE [Insert Electronic Budget Page] Beaumont Municipal Transit Estimated Operating Budget for FY 2010 Expenses: Revenues: Labor $1,900,000 Federal $1,848,436 Fringe Benefits $1,160,000 State $ 425,296 Materials/Supplies $1,000,000 City $ 1,726,268 Purchased Services $ 300,000 Farebox $ 715,000 Utilities $ 100,000 Insurance $ 200,000 Taxes/Licenses $ 45,000 Miscellaneous $ 10,000 Tota 1 $4,715,000 Total $4,715,000 City of Beaumont URB 1001(20) 5