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HomeMy WebLinkAboutPACKET AUG 07 2012 SIGs WITS ot!'OSTGSIT? T • s Z • A S REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 7,2012 1:30 P.M. CONSENT AGENDA * Approval of minutes—July 24, 2012 * Approval of redistricting presentation/public hearing—July 17,2012 * Confirmation of committee appointments A) Approve a resolution authorizing the City Manager to apply for a grant from the Jefferson County Tourism Commission for transportation costs for the Texas Extension Education Association's 2012 Annual Convention B) Approve a resolution amending Resolution No. 12-052 for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project A RICH WITH OPPORTUNITY as BEAU"Iffilifl* T • E • X • A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dean Conwell,Executive Director MEETING DATE: August 7, 2012 REQUESTED ACTION: Consider a resolution authorizing the City Manager to apply for a$5,000 grant from the Jefferson County Tourism Commission(JCTC) for transportation costs for the Texas Extension Education Association's (TEEA) 2012 Annual Convention. BACKGROUND The Beaumont Convention&Visitors Bureau has determined that the City is eligible for a grant from the Jefferson County Tourism Commission for transportation costs associated with the Texas Extension Education Association Convention to be held at the Beaumont Civic Center, September 11-13, 2012. It is expected the convention will attract 600 attendees and the Association has contracts with six Jefferson County hotels for housing. With the supplemental assistance of the Jefferson County funds being awarded,the Beaumont Convention&Visitors Bureau will have additional funding available to attract other convention groups and meetings to Beaumont. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of resolution. 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 funds in an amount up to $5,000 from the Jefferson County Tourism Commission through the Jefferson County Hotel Occupancy Tax to be used by the Beaumont Convention and Visitors Bureau for costs related to transportation needs for the Texas Extension Education Association 2012 Annual Convention. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - RICH WITS OPPORTUNITY BEA T • E • X 0 A • S CI Council A enda Item t3' � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider a resolution amending Resolution No. 12- 052 for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project. BACKGROUND On March 20, 2012, Council approved Resolution No. 12-052 authorizing Change Order No. 2, in the amount of$29,589.66, for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project. The resolution inadvertently increased the contract by the amount of $29,589.66, rather than decrease the contract by the amount of$29,589.66. An amendment to Resolution No. 12-052 is required to reflect that Change Order No. 2 was a decrease in the amount of($29,589.66),thereby resulting in a decreased contract amount to $2,112,939.19 for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project. FUNDING SOURCE None. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, on March 20,2012, Council passed Resolution No. 12-052 authorizing Change Order No. 2, in the amount of $29,589.66, for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project; and, WHEREAS, the resolution inadvertently increased the contract by the amount of $29,589.66, rather than decrease the contract by the amount of$29,589.66; and; WHEREAS, an amendment to Resolution No.12-052 is required to reflect a decrease in the amount of ($29,589.66), thereby decreasing the contract amount to $2,112,939.19; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT Resolution No. 12-052 is hereby amended to reflect that Change Order No. 2 was a decrease in the amount of($29,589.66), thereby resulting in a decreased contract amount to $2,112,939.19 for the East Lucas Lift Station and Force Main and Interceptor Rehabilitation Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - Rza■ viva OFFORToaisi MIL M BEAUN011* T * E * ][ * A * 8 REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS AUGUST 7,2012 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-13/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider an ordinance approving the abandonment of a 10' sanitary sewer easement at 2580 S. Fourth Street 2. Consider an ordinance approving the abandonment of a 0.009 acre waterline easement at 6655 Highway 105 3. Consider a resolution authorizing the City Manager to execute a collective bargaining agreement with Beaumont Professional Firefighters' Local 399 4. Consider an ordinance amending the FY 2012 Budget, specifically the General Fund 5. Consider an ordinance amending the FY 2012 Budget, specifically the Water Utilities Fund 6. Consider an ordinance amending the FY 2012 Budget, specifically the Henry Homberg Golf Course Fund 7. Consider an ordinance amending the FY 2012 Budget, specifically the Rita Recovery Fund 8. Consider an ordinance amending the FY 2012 Budget, specifically the Capital Reserve Fund 9. Consider an ordinance amending the FY 2012 Budget, specifically the Municipal Transit Fund 10. Consider a resolution approving a contract for the rehabilitation of a duplex located at 1915 Texas Street for the Neighborhood Stabilization Program 11. Consider a resolution authorizing the City Manager to enter into a contract with Helbig Community Development Corporation for the use of 2011 HOME Program funds for site development costs associated with the construction of up to twelve new homes 12. Consider a resolution authorizing the City Manager to enter into a contract with MGroup Holdings,Inc.to provide 2011 HOME Program funds for Briarbend, a Low Income Housing Tax Credit project located within the 6500 block of Sienna Trails Drive 13. Consider a resolution approving a contract for concession management services PUBLIC HEARING * Conduct a public hearing to receive comments related to a grant application and a contract with the Federal Transit Administration(FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System 14. Consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration to receive Operating Assistance funds for the Beaumont Municipal Transit System PUBLIC HEARING * Dangerous Structures 15. Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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 Mitchell Normand at 880-3777 three days prior to the meeting. PUBLIC HEARING: Unsafe Substandard Structures Consider approval of an ordinance and resolution declaring certain structures to be unsafe substandard structures and ordering their removal within 10 days or authorizing the property owner to enroll the unsafe structure in a work program 1. 5250 Allen&Garage 35. 340 La Salle 2. 2255 Angelina 36. 2524 Laurel (Carport) 3. 2500 Angelina(Garage) 37. 2340 Long&Garage 4. 637 Avenue D(Garage) 38. 1970 E Lucas 5. 705 Avenue E&Shed 39. 3866 Ogden (Out Building/Apartment) 6. 1669 Avenue G (Rear of 1667 Avenue G) 40. 2180 Pecos 7. 905 Blanchette 41. 2204 Pecos 8. 3036 Bolivar 42. 3180 Robinhood (Storage Building) 9. 1687 Cartwright 43. 2255 Rusk(Garage) 10. 845 Concord 44. 2275 Rusk(Storage Building) 11. 2595 Dogwood 45. 2556 Sabine Pass&Shed 12. 5354 Downs&Garage 46. 1636 Tilson(Rear of 1640 Tilson) 13. 2995 Edmonds(Rear Structure) 47. 1910 Turon 14. 2540 Euclid 15. 1235 Evans 16. 1236 Ewing&Shed 17. 5435 Fannett Rd Trailer#2 18. 5435 Fannett Rd Trailer#13 19. 646 Fulton &Shed 20. 675 Fulton 21. 915 Fulton&Shed 22. 707 Goliad 23. 4345 Grandberry 24. 3185 Grand (Garage) 25. 3820 Grand 26. 975 Gulf(Commercial) 27. 4715 Harding&Garage 28. 1930 Hazel 29. 2372 Hazel&Garage 30. 5620 Helbig&Carport 31. 3930 Inez&Shed 32. 1220 Interstate 10 E (Commercial) 33. 720 Jeny Ln&Shed 34. 1303 Johns&Garage r 1 August 7,2012 Consider an ordinance approving the abandonment of a 10' sanitary sewer easement at 2580 S. Fourth Street RICH WITH OPPORTUNITY BEA- y M,ON' *T . E • X A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager f)� PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 10' sanitary sewer easement at 2580 S. Fourth Street. BACKGROUND Gina Aguirre,representing the property owner John Dhuka,has applied for the abandonment. Mr. Dhuka has submitted plans to the City for the construction of 8,385 sq. ft. of retail space at the northwest corner of S. 4'and Cartwright. Currently,a 6" sanitary sewer line is located in the easement. In order for the retail center to be built,the subject easement must be abandoned. This item was sent to all interested parties. Water Utilities states that there is a 6" sanitary sewer main in the easement. According to the construction plans for the convenience store,the existing sanitary sewer main will be abandoned and replaced by a private line. At a Regular Meeting held July 16, 2012, the Planning Commission recommended approval 8:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A 10' SANITARY SEWER EASEMENT AT 2580 S. FOURTH STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, John Dhuka has applied for the abandonment of a 10' sanitary sewer easement at 2580 S. Fourth Street, being a 10' x 319.76' sanitary sewer easement beginning at what is the west right-of-way line of S. 4th Street and continuing in a westerly direction for a distance of 319.76' to what is the east line of a 10' wide sanitary sewer easement running along the west property line of Lots 1 and 2, Block 2, Fourth Street Acres, City of Beaumont, Jefferson County, Texas, containing 0.07 acres, more or less, as shown on Exhibit"A" attached hereto; and, WHEREAS,the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT a 10'sanitary sewer easement at 2580 S. Fourth Street, being a 10'x 319.76' sanitary sewer easement beginning at what is the west right-of-way line of S.4th Street and continuing in a westerly direction for a distance of 319.76' to what is the east line of a 10' wide sanitary sewer easement running along the west property line of Lots 1 and 2, Block 2, Fourth Street Acres, City of Beaumont, Jefferson County, Texas, containing 0.07 acres, more or less, as shown on Exhibit"A"attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - i - ft D.I. i A tR 1 s.n.ta I ! 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D—by 1R N.n'2t r aC'i�a'nn PO.I a wt°ar[e an. ta°reP tltlt°) TYPICAL CRACK Cmam JpRT '�'' aae 6aCAR At W1YY PAl 3 R M-Y'0.0[KM'NY. �yr�A� 4 DETAIL: PAVMff Am CURB M7APL I 2 August 7,2012 Consider an ordinance approving the abandonment of a 0.009 acre waterline easement at 6655 Highway 105 RICH WITH OPPORTUNITY EN BEAUM10#* z • E • z A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager C}rt3 PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 7,2012 REQUESTED ACTION: Council consider an ordinance approving the abandonment of a 0.009 acre waterline easement at 6655 Highway 105. BACKGROUND Jeremy Mitchell,representing The Anchor Church,has applied for the abandonment. Mr. Mitchell states that the church is building a new sanctuary at their current location. As part of the construction plans, a 404.50 sq. ft. exclusive waterline easement was dedicated to accommodate a needed fire hydrant. After the waterline easement was filed, a different route to the fire hydrant was approved by the City of Beaumont Water Utilities Department and a new easement for that route was dedicated. Therefore,the church would like to have the original waterline easement abandoned. This item was sent to all interested parties. No negative responses have been received. At a Regular Meeting held July 16, 2012, the Planning Commission recommended approval 8:0 of the abandonment. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING AN 0.009 ACRE WATERLINE EASEMENT AT 6655 HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,The Anchor Church has applied for the abandonment of an 0.009 acre waterline easement located at 6655 Highway 105, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown in Exhibit "B" attached hereto; and, WHEREAS,the City Council has considered the purpose of said abandonment and is of the opinion that the easement is no longer necessary for municipal utility purposes and the abandonment of said easement is in the best interest of the City and should be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT an 0.009 acre waterline easement located at 6655 Highway 105, City of Beaumont, Jefferson County, Texas, as described in Exhibit"A" and shown in Exhibit"B" attached hereto, be and the same is hereby vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto by law. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCE PURPOSES COMMENCING at a 5/8" rebar found on the south right-of-way line of State Highway 105 being the northeast corner of a tract conveyed to George R. Wilson et ux and having a Jefferson County Appraisal District Account No. 300017-000-021800-00000-9, THENCE South 89°29'57" West(called South 89°29'57" West(called South 89°29' West as shown on the unrecorded plat) along the south right-of-way line of State Highway 105, a distance of 887.84 feet to a point being the northeast corner of the said 3.16 acre tract; THENCE South 89 029'57" West(called South 89°29'West as shown on the unrecorded plat)along the south right-of-way line of State Highway 105 and the north line of the said 3.16 acre tract,a distance of 58.61 feet to a point on the north line of the said 3.16 acre tract; said point being the northeast corner of the herein described 404.50 square foot tract and the POINT OF BEGINNING; THENCE South 45°21'47" East, a distance of 18.02 feet to an angle pint on the east line of the herein described tract; THENCE South 00°21'47" East, a distance of 22.52 feet to the southeast comer of the herein described tract; THENCE South 89°38'13" West, a distance of 10.00 feet to the southwest corner of the herein described tract, THENCE North 00°21'47" West, a distance of 18.37 feet to an angle point on the west line of the herein described tract; THENCE North 45 021'47" West, a distance of 17.77 feet to an angle point on the west line of the herein described tract; THENCE North 00°21'47"West, a distance of 4.30 feet to a point on the south right-of- way of State Highway 105,the north line of the said 3.16 acre tract,and being the northwest comer of the herein described tract; THENCE North 89 029'57" East(called North 89°29' East as shown on the unrecorded plat) along the said south right-of-way line of State Highway 105 and the north line of the said 3.16 acre tract, a distance of 9.82 feet to the POINT OF BEGINNING and containing 404.50 square feet of land, more or less. EXHIBIT "A" L FoUNO 5518- N 89*M'30' W 1396-39' REBAR 9' FDUND 112' (REFERENCE BEANNO) Neff B491S OF B ARM/O IS THE swm Umr OF AN WACCOR ED PLAT P'R£A00 FOR MRS F B OMM DATED MAY 1948 NOW OR FORMERLY w NEW LIFE TAB CLE CALLED 316 ACRES �. VOLUME 1711. PAGE 24 Q WMTY LAP J C D R NTS a 404 50 SOFT Gj 10' WIDE EXCLUSIVE Q �wg S 89:38'13" W WATERLINE EASEMENT �Q X Q- �``a 1Q00' AZ 03 S 002147 E N 002147 W 1837 - 2252' W N 45'21'470 W 17.77 N C6WMET!;PONT $ 4571'47" E SCALE 1's 30' F0HAR 5�. to o2' N 0021'47" W 430' REHAR POB ' S 8979'57' W S 8979'57" W 58 61 887.84' (CALLED S 8979' 1t) (CALLED S x979• (LaPECOWD PLA7) N 897957" E 9 82' (REV PLAT STATE HIGH WA Y 105 tU ECE�D 02PIA) OF 4't 9TF9 ear .* to EXHIBIT B PAGE 1 OF 1 ,F Fi*.. TO A000~Y DES+CRi1PADN or A 404 50 SOFT BEING A 10 FOOT NODE OC EXCLUSIVE' WA7ERUNE EASEMENT A 116 �1RACT ENGINEERING AND SURVEYING.INC OUT OF 7NS WS DY01ES SURW4 ABSTRACT 17 a=cwt s1aE[* • IEAVMW.TEXAS 77M CISIERED ANA[ LAIND SURVEYOR NO 4782 BEAUMAMT. jqTM50N COUNTY 7UAS aan 013-341 ■ rAx i4a"aa- SURVEY REOSMAMW FIRM NO 100024-00 nmrcc!"n MGM Jefferson County Clerk Internet Copy Jefferson County Clerk Internet Copy 3 August 7,2012 Consider a resolution authorizing the City Manager to execute a collective bargaining agreement with Beaumont Professional Firefighters' Local 399 RICH WITH OPPORTUNITY BEAUMD"N* T • E • Z • A • 8 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: August 7,2012 REQUESTED ACTION: Council consider a resolution authoring the City Manager to execute a collective bargaining agreement with Beaumont Professional Firefighters' Local 399, effective October 1,2012. BACKGROUND The current labor agreement with Beaumont Professional Firefighters' Local 399 will expire on September 30, and staff has been working with representatives of Local 399 on a new agreement. The proposed three-year labor agreement provides no wage increase for the first year, a wage increase of one percent on October 1, 2013, and a two percent increase on October 1, 2014. The City currently provides a pension contribution of 13%of a firefighter's pay; this will increase to 15%on October 1, 2012. Incentive pay is increased by $25 to $50 per month for air mask technicians, and$50 per month will be paid to firefighters who are in training or who subsequently, as first responders in Suppression,provide Advanced Life Support(ALS)care to the public under a joint program with Beaumont EMS. In the event the Mayor declares a mandatory evacuation, employees of the Fire Department will be compensated under the same policy as the City's civilian employees. The agreement also allows the City Manager to consider vacation carry-over requests submitted by the Fire Chief, affirms the Fire Chief s authority to appoint the Assistant Chief, and grants the City the authority to set the wages of that position. The other elements of the prior agreement remain in place. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. 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 labor agreement with the Beaumont Professional Firefighters Local 399 substantially in the form attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - CITY OF BEAUMONT AND BEAUMONT FIREFIGHTERS' LOCAL 399 CONTRACTUAL AGREEMENT SORUARY 13o 2008 SfiPmw=n 309 204 2 October 1. 2012 to Saber 30. 2015 EXHIBIT "A" TABLE OF CONTENTS Page No. ARTICLE I INTENT AND PURPOSE 1 ARTICLE 11 RECOGNITION 1 ARTICLE III DISCRIMINATION 2 ARTICLE IV MANAGEMENT RIGHTS 3 ARTICLE V GENERAL PROVISIONS 3 ARTICLE VI UNION BUSINESS 4 ARTICLE VII SENIORITY, PROMOTIONS, DEMOTIONS AND TRANSFERS 6 ARTICLE VIII NO STRIKE - NO LOCKOUT 6 ARTICLE IX MAINTENANCE OF STANDARDS 7 ARTICLE X HEALTH AND SAFETY 7 ARTICLE XI SICK LEAVE 98 ARTICLE XII DEATH IN FAMILY LEAVE 9 ARTICLE XIII VACATIONS AND HOLIDAYS 9 ARTICLE XIV PAYROLL DEDUCTION OF DUES 11 ARTICLE XV PENSION 11 ARTICLE XVI BASIC RATE OF PAY im ARTICLE XVII EDUCATIONAL INCENTIVE PAY 12 ARTICLE XVIII EDUCATIONAL DIFFERENTIAL PAY 12 ARTICLE XIX CERTIFICATION PAY 132 ARTICLE XX INCENTIVE PAY 13 Page No. ARTICLE XXI CLOTHING AND CLOTHING Im MAINTENANCE ALLOWANCE ARTICLE XXII MILEAGE ALLOWANCE 1413 ARTICLE XXIII HOURS AND OVERTIME PAY 14 ARTICLE XXIV CALLBACK PAY 15 ARTICLE XXV INDUSTRIAL FIRES 136 ARTICLE XXVI TEMPORARY PROMOTIONS '66 ARTICLE XXVII ENTRY LEVEL HIRING PROCEDURES VB ARTICLE XXVIII ASSIGNMENT PAY 17 ARTICLE XXIX STANDBY PAY 17 ARTICLE XXX WAGES lw ARTICLE XXXI INSURANCE lw ARTICLE XXXII GRIEVANCE PROCEDURE 21 ARTICLE XXXIII COMPLETE AGREEMENT CLAUSE 25 ARTICLE XXXIV NEGOTIATION TO COMMENCE 20 ARTICLE XXXV DURATION OF AGREEMENT 27 ADDENDUM A SCHEDULE OF WAGES THE STATE OF TEXAS § COUNTY OF JEFFERSON § AGREEMENT This agreement is made and entered into by and between the City of Beaumont, a municipal corporation domiciled in the State of Texas, herein referred to as the "EMPLOYER," and Local 399, International Association of Fire Fighters, AFL-CIO-CLC, hereinafter referred to as the "UNION." ARTICLE 1. INTENT AND IMPOSE It is the general purpose of this agreement to promote the mutual interests of the EMPLOYER and the UNION; to provide for equitable and peaceful adjustments of differences which may arise; to establish proper standards of wages, hours and other conditions of employment which will provide and maintain a sound economic basis for the delivery of public services; and to provide for the operation of the services delivered by the City under methods which will further,to the fullest extent possible,economy and efficiency of operation, elimination of waste, realization of maximum quantity and quality of output, cleanliness, protection of property and avoidance of interruptions to service. The parties to this agreement will cooperate fully to secure the advancement and achievement of these purposes. ARTICLE 11. RECOGNITION Section 1. The EMPLOYER recognizes the UNION as the exclusive bargaining agent for all permanent paid firefighters in the Fire Department, excluding the Fire Chief. Page 1 of 27 . Under no circumstances shall anyone inside the bargaining unit bargain for themselves or attempt to bargain individually with another bargaining unit member without the written consent of the UNION. In the event that legislation is amended or changed to redefine the composition of the bargaining unit,the parties will comply on the effective date of any such federal or state legislation. Section 2. The UNION recognizes the designated representative or representatives of the EMPLOYER as the sole representative of the EMPLOYER for the purpose of collective bargaining. ARIICLg 11. DISCRNOMTION Section 1. The EMPLOYER agrees not to discriminate against any employee for his activity in behalf of, or membership in, the UNION. The UNION agrees that it will not coerce or intimidate any employee into joining the UNION. The UNION and EMPLOYER recognize that no employee is required to join the Union, but that each employee has the right to choose of his own free will whether he will or will not join the Union. The UNION further agrees that there will be no interference with the free right of any employee of the EMPLOYER to enter and leave its premises and property unmolested and without harassment. Section 2. It is the mutual obligation of the EMPLOYER and the UNION to assure that no employee shall be subject to any discrimination because of race, religion, color, creed, disability, sex, or national origin. Page 2 of 27 A&TICLE IV. MANAGEMENT RIGHTS Except as otherwise specifically provided herein, the management of the City of Beaumont shall have direction of the work force, including but not limited to the right to hire, the right to discipline or discharge for proper cause, the right to decide job qualifications for hiring, the right to lay-off or abolish positions, the right to make rules and regulations governing conduct and safety, the right to determine schedules of work together with the right to determine the methods, processes and manner of performing work,the determination of the size of the work force,the assignment of work to employees within the department, the determination of policy affecting the selection of new employees, the right to establish work performance measurements and standards where no such measurements or standards exist, and to revise these or existing measurements and standards if required and to implement programs to increase the cost effectiveness of departmental operations if research dictates the need for such programs. The above rights are vested exclusively in the EMPLOYER, as are all other rights excluding those rights which are superseded by this Collective Bargaining Agreement and state and federal statutes. ARTICLE V. GENERAL PROVISIONS Section 1. Parkins. The EMPLOYER shall provide,without cost,to employees on duty adequate parking space to all Fire Department facilities and fire stations. Section 2. Suftdn Boards. A. The EMPLOYER agrees to provide space for bulletin boards, which may be used exclusively by the Union for the following notices: Page 3 of 27 1. Notices of Union meetings; 2. Notices of Union elections and the result where they pertain to the EMPLOYER's employees; 3. Notices of Union recreational and social events; 4. Other notices concerning Union affairs. B. It is agreed that all other notices, prior to being posted, shall be submitted to the EMPLOYER for its approval. C. It is further agreed that all notices including those posted by the UNION as provided for herein and those posted by the EMPLOYER shall not be mutilated,destroyed, or defaced by the employees. If same should occur, the affected employee shall be subject to disciplinary action. D. The UNION agrees that in no event shalt such notices be politically partisan, derogatory or critical of the City, or the City's officers, agents, supervisors, employees, departments, or subdivisions nor shall such notices be derogatory or critical of the services, techniques or methods of the EMPLOYER. E. There shall be no other general distribution or posting by employees or the Union of pamphlets, advertising or political matters, notices, or any kind of literature upon the EMPLOYER's premises other than as herein provided. Lion I Cows of Agreement. The EMPLOYER agrees to furnish one copy of this agreement to the UNION. A&T—ICLA VI. UNION BUSINESS Section 1. A written list of Union stewards and other officers and representatives Page 4 of 27 shall be fumished to the Fire Chief immediately after their designation and the UNION shall notify the Fire Chief of any changes provided that the UNION shall not request time off for more than one steward for each shift. SmOon 2. The UNION President or his designee shall be granted reasonable time off during working hours to investigate and process grievances, to attend civil service, arbitration, or court hearings and to represent Unit employees in disciplinary action provided that the President or his designee shall request permission from the Fire Chief or in his absence his designee. Such permission shall not be withheld except in emergencies. Whenever possible, notification is to be made prior to or at the beginning of a shift. S c 'on 3. Off-duty employees shall not reside or loiter on department premises, but will be allowed to enter the premises for access to their own locker, posting bulletins, processing grievances, delivering notices, or departmental business, provided their presence does not interfere with the operation of the department. Soction 4. No more than two(2) members of the UNION negotiating team shall be allowed time off for all meetings which are mutually set by the EMPLOYER and the UNION and for purposes of ratification of labor agreements. Section 5. Except as otherwise herein provided, the internal business of the UNION shall be conducted during non-duty hours of the employees involved. Section 6. A. UNION officers and/or elected delegates shall be granted time to attend job- related conferences and seminars without loss of pay. Page 5 of 27 B. Except as provided in Subsection A,the UNION will request the EMPLOYER for time off for any other number of members to attend job-related seminars, which permission may be granted or denied by the EMPLOYER. ART CLC YII. SENIORITY. PROMOTIONS. DBAOTIONS AND TRANSFERS Section 1. At the completion of an employee's probationary period, continuous service for purposes of seniority shall date from the first day of employment for Grade I. Seniority shall be from date of promotion in all other grades. Soction 2. Lateral transfers within the department will be made by the EMPLOYER on the basis of seniority unless there are overriding merit considerations. The EMPLOYER shall post and maintain a list of vacated positions for a period of at least ten (10) days. Vacated positions may be temporarily filled for such periods. Applications for vacated positions shall be submitted in writing to the Chief. Section 3. The Assistant Chief will be appointed by the Fire Chief. Chief Officers currently serving the department are eligible for such appointment ARTICLE VIII. NO STRIKE - NO LOCKOUT Section 1. The UNION agrees that during the term of this agreement, it will not authorize, ratify, encourage, or otherwise support any strikes,slow-downs, picketing on the EMPLOYER's premises, or any other form of work stoppage or interference with the business of the City, and will cooperate with the EMPLOYER in preventing and/or halting any such action. The EMPLOYER agrees that it will not authorize, ratify, encourage, or otherwise support any lockout during the term of this agreement. Page 6 of 27 Section 2. The EMPLOYER shall have the right to impose penalties in accordance with Texas Local Government Code, Section 174.205,for violation of Article VI 11, Section 1, above. ARTS MAINTEN&t XE OF STANDARDS Secdon 1. Nothing contained in this agreement shall be construed as repealing any lawful recognized benefit provided through the department for employees of the department, and no employee shall inadvertently suffer any loss of wages, hours or working conditions by reason of the signing of this agreement. Section 2. All terms and conditions which are of benefit to employees now in effect which are not specifically provided for in this agreement or which have not been replaced by provisions of this agreement shall remain in effect for the duration of this agreement, unless mutually agreed otherwise between the EMPLOYER and the UNION. ARTICLE X. HEALTH AND SAFETY Section 1. In nt. It is the intent of the EMPLOYER and the UNION to maintain the highest standards of safety and health in the Fire Department, and to eliminate, as much as possible, accidents, injuries, illness and death in the fire service. Section 2. Health and Safety Committee. A. There shall be established a joint UNION-EMPLOYER health and safety committee, consisting of an equal number of the UNION and the EMPLOYER representatives, of not less than two (2) nor more than four (4) each. Page 7 of 27 B. The joint committee shall meet on the second Tuesday of each month or more often as mutually agreed for the purpose of jointly considering, inspecting, investigating and reviewing health and safety conditions and practices and investigating accidents, and for the purpose of effectively making constructive recommendations with respect thereto. C. All matters considered and handled by the committee shall be reduced to writing and joint minutes of all meetings of the committee shall be made and maintained and two copies thereof shall be furnished to the UNION. A copy of all such reports or minutes shall be posted by the EMPLOYER at all work sites for at least thirty (30) days. D. Time spent in committee meetings by the UNION representatives, on duty, including walk-around time during joint inspections and investigations, shall be considered and compensated for as regularly-assigned work. Time spent in committee meetings by the UNION representatives while off-duty shall not be compensated. E. The joint committee shall have the power to recommend safety improvements to the Fire Chief, including target dates, where appropriate. In the event the committee recommendations are not effected by the target dates agreed upon,the committee has the prerogative to refer its recommendation(s) to the City Manager. SeWon 3. Heart Chest Exam. The EMPLOYER agrees to provide each unit employee a chest X-ray and examination for heart defects once each year and to forward the results to the employee upon request of the employee. Page 8 of 27 ARTICLE XI. SICK LEAVE Soction l. The accumulation and payment of sick leave shall be in accordance with Section 143.045 of the Local Government Code with the addition that sick leave may be used for any bona-fide illness of a member of the Union employee's immediate family living in the same household. SoOlon 2. Family and WWkal Leave Act. The Family and Medical Leave policy set out in the City of Beaumont Policies and Procedures Manual shall apply to the employees in the Fire Department. ARTICLE MI. DEATH IN FAMILY LEAVE In the event of a death in the immediate family of an employee, the employee shall be granted up to four(4)days(2 shifts)off with pay. The immediate family shall be defined as spouse, children, step-children, mother, step-mother, father, step-father,grandparents, grandchildren, brother, step-brother, sister, step-sister of the employee or the employee's spouse. ARTiQLA Xlll. VACATIONS AND HQLIDAYS Section 1. Holidays. A. The following holidays will be recognized: New Year's Day Good Friday Easter Sunday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Page 9 of 27 Friday after Thanksgiving Christmas Day Martin Luther King, Jr. Day B. Employees required to work on a holiday will be paid one and one half the basic rate of pay for hours actually worked on the holiday. Employees required to work on a holiday, or employees whose day off falls on a holiday shall have one (1) day for each i such holiday added to their annual vacation. Section 2. )Locations. Employees in the Fire Department shall earn 1 % vacation days for each month worked during the given year. All vacation time earned in a calendar year must ordinarily be taken in the following calendar year. However, under extra-ordinary conditions and with a recommendation submitted by the Fire Chief,the City Manager may approve vacation to be carried over from one year to the next. Under no circumstances will vacation be carried over for more than one year. The decision of the City Manager to approve the cant'-over or to authorize payment for that time is final and may not be appealed to the City Council or goveming body. This provision will expire on September 30 2015 Firefighters with 15 to 23 years of service will receive an extra two (2) days for a total of seventeen (17) days of vacation per year. Firefighters with twenty-four(24)years or more of service will receive a total of twenty-one (21) days of vacation per year. A. For the purposes of this section, one (1) shift equals two (2) days. B. The EMPLOYER will develop an annual vacation schedule of seventeen(17) cycles. The EMPLOYER shall determine the number of employees in each grade on each shift who may schedule vacations in any one cycle. Based upon seniority in grade, each employee shall choose one vacation cycle. After each employee has selected one cycle, Page 10 of 27 each employee shall choose a second vacation cycle. If manpower permits, an employee may, upon his request, take two (2) vacation days (one shift) with approval of his Deputy Chief. Section 3. Personal Leave Devs. Each member of the bargaining unit with ten (10)years of service shall receive one (1) personal leave day per calendar year. Each member with twenty(20)years of service shall receive two (2)personal leave days per calendar year. Personal leave days may be scheduled in conjunction with vacation days. ARTICLE XIV. PAYROLL DEDUCTION OF DUES The EMPLOYER agrees to deduct, once each month, dues and assessments, in an amount certified to be current by the Treasurer of the UNION, from the pay of those employees who individually request, in writing, that such deductions be made. The total amount of deductions shall be remitted, each month, together with the names of the employees from whom dues have been collected, by the EMPLOYER to the Treasurer of the UNION. This authorization shall remain in full force and effect during the term of this agreement. The EMPLOYER shall forward to the UNION a copy of all authorizations or cancellations of voluntary deduction of UNION dues by employees in the unit. ARTICLE XV. PENSION The EMPLOYER shall contribute to the pension fund an amount equal to fifteen percent 05% . ° of each employee's salary. Page 11 of 27 ARTICLE XVI. BASIC RATE OF PAY "Basic rate of pay,"for the purposes of computing overtime pay(including callback pay), for employees assigned to a forty (40) hour work week, equals annual base wages divided by 2,080 hours. "Basic Rate of Pay," for purposes of computing overtime pay (including call back pay)for"suppression employees,"equals annual base wages divided by 2,496 hours. Overtime shall be paid at the rate of 11h each employee's basic rate of pay" for overtime purposes. Overtime shall be paid in compliance with the Federal Fair Labor Standards Act. AR_ TULLE 11. EDUCATIONAL INCENTIVE PAY Any member of the bargaining unit who earns an Associate Degree, Fire Technology, shall receive one payment of$200 as an educational incentive. ARTICLE MfIll. EDUCATIONAL DIFFERENTIAL PAY Soc#on 1. Any full-time employee of the Fire Department approved by the City Manager to enroll in a course will be reimbursed by the EMPLOYER for all books, and fee costs related to the approved course upon proof of having completed the course with a grade of"C" or better. Section 2. The course work must relate to the applicant's present position for the purpose of: 1. Improving skills or knowledge required in the employee's present position. 2. Preparing the employee for significant technological changes occurring in his career field. 3. Preparing the employee for assumption of new and different duties. Page 12 of 27 Section 3. Upon completion of course work for which the employee has received reimbursement from the EMPLOYER for books and fee costs, the employee must remain in the service of the EMPLOYER for one (1) year; otherwise all sums paid by the EMPLOYER must be reimbursed by the employee to the City. ARTICLE XUX. CERTIFICATION PAY Any member of the bargaining unit who holds or earns an Intermediate, Advanced or Master Fire Fighter Certificate shall receive payments of sixty dollars($60), one hundred dollars($100)and one hundred fifty dollars($150)per month. A member of the bargaining unit will only be paid for one of the above certificates. ARTICLE XX. INCENTIVE PAY sett n 1. All employees, except the training officer, who teach in the basic fire academy shall receive incentive pay in addition to any other compensation to which they may be entitled at the rate of ten dollars($10.00) per hour for time actually spent teaching. Section 2. All team members of the following respective teams shall receive incentive pay as follows: A. Haz-Mat Team: Team Leader: $60 per month. Team Member: $50 per month. B. Dive Team: All Members: $50 per month. C. Breathing Apparatus Technicians: 50 $26 per month. Section 3. EMT-Intermediates and Paramedics actively training to complete credentialiLig in the Joint Training Program with BEMS and credentialed Operations personnel Mularly and routinely delivering ALS services will receive $50 per month. Page 13 of 27 ARTICLE XXI. CLOTHWO AND CLOTHING ALLOWANCE All employees of the bargaining unit shall receive a clothing allotment annually of regulation uniforms. All employees in the bargaining unit shall receive a clothing and clothing maintenance allowance of thirty-five dollars ($35.00) per month. ARTICLE XXl. MILEAGE ALLOWANCE Section 1. The Department shall transport all personnel who are transferred between fire stations on a temporary basis. This provision does not apply to personnel who are notified of changes prior to reporting for duty. Section 2. Car allowances shall be in accordance with the prevailing City rate of civilian employees. ARTICLE XX I. HOURS AND OVLRTIIAE PAY Section A. Suppression employees shall work shifts of twenty-four (24) hours on duty followed by forty-eight(48) hours off duty. Each employee working such shifts shall receive one (1) twenty-four (24) hour shift off during each three (3) weeks. B. "Suppression employees" are those employees permanently assigned to a piece of fire apparatus and the Deputy Chiefs. This provision shall not prevent the permanent or temporary assignment of any employee to a forty (40) hour work week so long as the employee is not at the same time assigned to a piece of fire apparatus. C. All personnel assigned to forty (40) hour work weeks consisting of five (5) eight (8) hour days or four(4)ten (10) hour days shall receive assignment pay in addition Page 14 of 27 to any other compensation to which they may be entitled at the rate of one hundred dollars ($100) per month. Section 2. (This section is restored based on the terms of the previous Mreement.1 A. Communication Division employees shall work twelve (12) hour shifts, alternating between night and day shifts. Day shifts will be from 7:00 o'clock a.m. to 7:00 o'clock p.m. Dispatchers will average forty-two(42)hours per week. For vacation and sick leave purposes, one (1) twelve (12) hour shift will equal one (1) day. Vacations will be picked in three (3) or four(4) day blocks, subject to availability of relief personnel. B. The Chief of Communications and the Assistant Communications Officer will work four (4) ten (10) hour shifts from 7:00 o'clock a.m. to 5:00 o'clock p.m., averaging forty (40) hours per week. The Chief of Communications and the Assistant Communications Officer will also receive assignment pay in addition to any other compensation to which they may be entitled at the rate of one hundred dollars($100) per month. Section 3. Unless it creates a lesser benefit the Employer shall apply the civilian evacuation/disaster policy to firefighters if the Mayor declares a mandatory evacuation ARTICLE CALLRACIK PAY All employees covered by the terms of this agreement who are called back to work from off-duty shall be guaranteed the right to work at least two (2) hours minimum at 11/2 times the regular rate of pay. Page 15 of 27 ARTICLE XXV. INDUSTRIAL. FIRES All firefighters responding to calls to industrial plants or storage facilities containing hazardous materials outside the city (whether on duty or if called from off duty), and all certified divers from the time called out until released, shall be paid double time, i.e. twice their basic hourly rate. Such double-time pay shall exclude any other overtime pay that might otherwise be applicable. ARTICLE NMI. TENR!O ARY FROMOTMSO Socition 1. Where a firefighter is absent, thus creating a vacancy, for three (3) or more hours, all temporary promotions necessitated by the vacancy are automatic. By way of example, if a Grade 3 is absent for a shift, the Grade 2 at the same station is promoted for the entire shift, and one (1) Grade 1 at the station is promoted to Grade 2. wtion 2. Temporary promotions do not automatically occur to fill a vacancy created by a firefighter's absence of less than three (3) hours. However, temporary promotions are automatic for persons assigned to a unit that is called to respond to an incident during the period a firefighter on the unit is absent. S29,on 3. A firefighter who performs the duties of the next higher classification due to a vacancy caused by another firefighter's absence is entitled to the base salary of the higher position together with the firefighter's own longevity or seniority pay, educational incentive pay, and certification pay during the time the employee performs the duties of the higher position. Section 4. A firefighter who is temporarily promoted due to the absence of another Page 16 of 27 firefighter is expected to perform the duties of the higher position during the entire time of the temporary promotion. ARTIGLE ANI. ENTRY LEVEL I+MRING PROCEDURES The UNION agrees that the EMPLOYER shall have the right to establish entry level selection procedures for Grade I firefighters. Modifications to existing entry level selection procedures shall be brought to the attention of the UNION ten (10) days prior to implementation. In establishing entry level selection procedures for Grade I firefighters,the EMPLOYER shall not be bound by or subject to the entry level hiring procedures set forth in Chapter 143, Local Government Code. However,the EMPLOYER agrees to indemnify, defend and hold harmless the UNION, to the maximum extent allowed by law, in any litigation filed against the EMPLOYER and/or the UNION conceming entry level selection procedures implemented by the EMPLOYER under the authority of this Section. ARTICLE XXV111. ASSIGINT PAY All personnel assigned to forty(40) hour work weeks consisting of five (5) eight(8) hour days shall receive assignment pay in addition to any other compensation to which they may be entitled at the rate of one hundred dollars ($100.00) per month. ARTICLE XXIX. STANDBY PAY When arson investigators are officially designated standby duty, the member shall receive one (1) hour of pay at straight time for every eight (8) hours of standby or any fraction thereof, plus any overtime pay (at normal overtime rates) when called out. Page 17 of 27 ARTICLE XXX. WAGES Section 1. Upon execution of this agreement, the EMPLOYER wiN provide for base wages as attached in Addendum A. Section 2. The City will set the wages for the position of Assistant Chief. AUQ&XXXI. INSURANCE Sec lion 1. We Insurance. The EMPLOYER shall provide all employees with life insurance and accidental death and dismemberment coverage in an amount equal to one (1)times an employee's annual base wage, up to a maximum of$50,000. Section 2. Medical, Dental and Preacriie►tion Drua PlIans. A. The EMPLOYER will provide the same medical,dental and prescription drug plans to all firefighters under the same terms and conditions as civilian employees. Contributions to the plans by firefighters shall be monthly premiums paid in the same amounts and under the same terms and conditions as civilian employees. UPGA SxeGUtkm januaFy 1, 2001B, well FeGeive a GRe time payment of $1900.00. FiFeAghteFs with a one time payment ef$1,200.00. BeginniRg jaRuaFy 1, 2009, the, The City may increase the monthly premium rates (medical or dental) for firefighters by the same percentage increase of the monthly premium rates of civilian employees in a plan year, not to exceed twelve and one half percent (12.5%) per plan year. Page 18 of 27 Secdon 3. Retires Medical Irifurance Program A. During the term of this agreement, Employer will provide medical coverage for firefighters retiring or becoming disabled and their dependents after April 1, 1984, subject to the provisions of Sections 3.C. through 3.H. hereof inclusive. B. EMPLOYER is authorized to receive from each retiree, as a condition of receiving retiree medical coverage, a signed statement acknowledging that both the contribution rate (premium) and hospital/medical coverages of the retiree insurance may change in the future. C. Retired or disabled firefighters may participate in the program only if they are eligible for retirement or disability benefits under the Fireman's Relief and Retirement Fund of Beaumont, Texas. Only those individuals who are considered eligible dependents of the disabled/retired firefighter at the time of retirement shall be eligible for continued medical coverage. The disabled/retired firefighter shall not add/change(except drop)a dependent while covered under this medical plan. D. Any firefighter who retires or becomes disabled and has a spouse who is employed with the City may become a dependent of the spouse along with other eligible dependents under the City's group medical plan. However,the retired or disabled firefighter shall make application at least thirty-one(31)days prior to the spouse's termination date to the City to institute his/her eligibility for retiree coverage. The spouse and eligible dependents will be allowed to become dependents of the retiree in accordance with the provision of this amendment. Upon retirement,the retiree will be required to complete and sign a "Delayed Participation in Retiree Medical Coverage" Form. "if a participant's contribution rate status as set out in 3.G. hereof changes, the new rate will be put into Page 19 of 27 effect on the first day of the month following the month in which the contribution rate status changed. E. Coverage provided shall be the same as that provided members of the bargaining unit. However, if the EMPLOYER, the UNION and retirees and disabled firefighters and their dependents agree,alternative medical insurance programs at different rates and at different levels of coverage may be provided. F. Retired and disabled individuals and their dependents participating in the plan created herein are required on or before age 65, if eligible, to enroll for both Part A, Hospital Insurance, and Part B, Supplementary Medical Insurance, under the U.S. Government Medicare Program. Upon qualification for the Medicare Program, the participant will be excluded from the program herein established. Failure to become a subscriber as required herein will result in the participant's immediate exclusion from the program herein established. If a participant is not eligible for Medicare,the participant may continue coverage under this medical plan. Eligible dependent children may continue coverage under this medical plan after their parents are no longer eligible in accordance with the definition of"dependent" as listed in the summary plan document. G. A participant who would otherwise be required to leave the program herein established as provided by 3.F. above may remain on the program if supplemental Medicare insurance without proof of insurability is not available at that time. Such participants must, however, leave the program when such supplemental Medicare insurance for which they are qualified is available. EMPLOYER will make its best efforts to obtain and provide information to retirees concerning the availability of such supplemental insurance. The cost of any such supplemental insurance will be paid for by the participant. Page 20 of 27 H. The participant's monthly contribution rate for medical insurance will be as follows: Single Rate - $150 Single + 1 dependent - $200 Family - $250 Those participants who retired between the dates of April 1, 1984, and January 31, 1992, shall pay the rates listed above and shall have no increase in contributions until such time as they leave the plan. I. Those who retired on or after February 1, 1992, may be subject to an annual increase in contribution. The increase will be effected in accordance with the labor agreement. The single rate will be established at 69% of the COBRA rate on January 1 st annually. The single+1 dependent rate will be established at 58%of the COBRA rate and the family rate will be established at 54% of the COBRA rate. Subject to paragraph 3.G. hereof, eligible spouses and dependents may remain on the plan at the above-established rates. Section 4. Retirement filth Savingm Plan. Firefighters shall be offered the ICMA's Retirement Health Savings Plan as offered to civilian employees. ARTICLE . GRIEVANCE PROCEDURE Seyftn 1. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. A grievance is defined as any dispute, claim, or complaint involving the interpretation, application or alleged violation of any provision of this agreement, or the discipline, discharge, or demotion for disciplinary purposes of any employee represented by the UNION. Page 21 of 27 r A. An employee who has a grievance concerning disciplinary action as defined in Section 1 of this article may choose to file his/her appeal/grievance through either the contract grievance procedure or through the provisions of TLGC 143(Civil Service), but not both. B. Grievances may be filed by the UNION, the EMPLOYER or any bargaining unit employee. The EMPLOYER agrees to allow the UNION grievance committee access to a suitable location for grievance committee meetings. Section 2. A. Any member who is aggrieved shall file a written report giving the nature and details of the incident which led to his grievance with the UNION's grievance committee. The report must be submitted within fifteen (15) calendar days of the date upon which the member knew of or should have known of the occurrence, or occurrences in the event that the grievance alleges a pattern or practice of the EMPLOYER in violation of this agreement, giving rise to the grievance. B. A grievance not brought to the attention of the UNION grievance committee within the time limit described shall not be considered timely and shall be void. C. The time limitations described in Sections 2 and 3 herein are of the essence of this agreement but may be waived by mutual agreement in writing by the aggrieved (whether member or the UNION) and the City Manager or the Fire Chief. D. Any member who is aggrieved shall submit his grievance within the time limitations specified above to the UNION's grievance committee. Within fifteen (15) calendar days of receipt of the grievance, the committee shall determine if a valid Page 22 of 27 grievance exists. If, in the opinion of the committee, no grievance exists, the committee shall notify the member and no further action shall be taken. E. If the grievance has not been resolved within seven (7) calendar days after the expiration of the 15 day period provided for the Union grievance committee to make a decision,the committee or its representative shall,with or without the physical presence of the aggrieved member, present the grievance in writing to the office of the Fire Chief for adjustment, provided that written notice of grievances shall suffice in the case of individual disciplinary grievances. F. If within seven (7) calendar days, after the grievance has been received by the Fire Chief, it has not been settled, the committee or its representative shall have seven (7) days to submit it to the office of the City Manager for adjustment, provided that written notice of the grievance shall suffice in the case of individual disciplinary grievances. G. If within seven (7) calendar days after receipt by the City Manager, the grievance has not been settled, the committee or its representative shall have seven (7) calendar days in which to make a written request to the office of the City Manager that the grievance be submitted to arbitration. Sec on 3. Grievances submitted by the UNION shall be submitted to the Fire Chief in writing within fifteen (15) calendar days from the date upon which the UNION knew or should have known of the occurrence or occurrences giving rise to the grievance. i A. If within seven (7) calendar days after receipt of the grievance by the Fire Chief the grievance has not been settled,the committee or its representative shall submit it to the City Manager for adjustment. Page 23 of 27 B. If within seven (7) calendar days after receipt of the grievance by the City Manager the grievance has not been settled,the committee or its representative shall have seven (7) calendar days in which to make a written request to the City Manager that the grievance be submitted to arbitration. Section 4. Employer Grievances. A. If the EMPLOYER is aggrieved, it shall file a written report giving the nature and details of the grievance to the UNION's grievance committee. The report shall be submitted within fifteen (15)calendar days of the date upon which the EMPLOYER knew or should have known of the occurrence or occurrences giving rise to the grievance. B. If the grievance has not been resolved within fifteen (15)calendar days after presentation to the UNION's grievance committee, the EMPLOYER shall have seven (7) additional days within which to make a written request to the UNION's grievance committee that the grievance be submitted to arbitration. Unless the grievance is resolved, it shall be submitted to arbitration in accordance with Section 5 hereof. Section 5. Arbitration. A. In the event the parties cannot agree upon an arbitrator, either party may request the Federal Mediation and Conciliation Service or the American Arbitration Association to provide a list of arbitrators in accordance with its selection rules. Either party shall have the right to reject the list submitted by the Service. In that event, the service will be requested to submit another list. The parties shall,within seven (7)calendar days, select an arbitrator from the list. The arbitrator shall conduct a hearing within thirty (30) days from his appointment. The arbitrator shall render his decision within fifteen (15) days from conclusion of the hearing. Page 24 of 27 B. The powers of the arbitrator shall be limited as follows: 1. He shall have no power to add to, subtract from, or modify any of the terms of this agreement. 2. He shall deal only with the grievance or grievances which occasioned his appointment. C. The decision of the arbitrator, if within the scope of his authority,shall be final and binding upon the parties. D. Costs and expenses for the services of the arbitrator shall be shared equally by the UNION and the EMPLOYER. Either party desiring a transcript of the arbitration hearing shall be responsible for the cost of such transcript. ARTICLE Dal . COMPLETE A ?t REMMT CLAUSE Secton 1. A. The parties hereto acknowledge that during negotiations which resulted in this agreement, each had unlimited right and opportunity to make proposals with respect to all proper subjects of collective bargaining, and that all such subjects have been discussed and negotiated upon, and the agreements herein contained were arrived at after free exercise of such rights and opportunities; therefore, the EMPLOYER and the UNION, for the term of this agreement, each voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter not specifically referred to or covered in this agreement, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this agreement. Page 25 of 27 B. It is specifically provided that there shall be no further negotiations except by mutual agreement of any subjects above mentioned. C. The parties agree that the UNION, by its signing of this agreement, does not agree or admit that the EMPLOYER's ability to pay is an appropriate factor to be considered in negotiations, arbitration, or litigation to determine compensation and other terms and conditions of employment of members of the bargaining unit. The parties further agree that the UNION, by its signing of this agreement, does not agree or admit that the compensation and other terms and conditions of employment provided herein are in compliance with the requirements of Section 174.021, Local Government Code. Soodon 2. The UNION and the EMPLOYER agree that this agreement is intended to cover all matters affecting wages, hours, and other terms and conditions of employment and similar or related subjects. During the term of this agreement, neither the EMPLOYER nor the UNION will be required to negotiate on any matters affecting these or other subjects not specifically set forth in this agreement. Section 3. All modifications of this agreement must be made in writing and signed by both the EMPLOYER and the UNION before such modifications shall become effective. Section 4. If any article or section of this agreement or any provision should be held invalid by operation of law, or by any tribunal of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by such tribunal pending final determination as to its validity,the remainder of this agreement shall remain in full force and effect and shall not be affected thereby. Section 5. This agreement shall be binding on the parties hereto and their successors and assigns. Page 26 of 27 ARTICLE MXI1/. NEGOTIATIONS TO COMMENCE "Collective bargaining," as that term is used in Local Government Code, Section 174.105, shall be deemed to have commenced on the earlier of July 1 or the date the parties first meet formally for the purpose of negotiation. ARTI,CEM V. DURATION OF AGREEMENT This Agreement shall be effective . s ing as of October 1. 2012 and shall remain in full force and effect until the 30th day of September,2042 2015, This Agreement shall continue in effect after September 30, 2M 2015, until superseded by a new agreement; provided that, unless agreed to in writing by the parties, this Agreement shall not continue in effect after September 30, 2-0432016. The City presently intends to continue this Agreement each fiscal year through the end of its term, to pay all payments due, and to fully and promptly perform all of the obligations of the City under this Agreement. All obligations of the City shah be paid only out of current revenues or any other funds, lawfully available therefor and appropriated for such purpose by the City Council, in compliance with the Texas Constitution, Article XI, Sections 5 and 7. CITY OF BEAUMONT By: ATTEST: INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 399 By: ATTEST: Page 27 of 27 ADDENDUM A SCHEDULE OF MONTHLY WAGES EFFECTIVE EFFECTIVE EFFECTIVE 10/01/12 10/01/13 10/01/14 GRADE I - FIREFIGHTER Start to 1 year $4,174 $4,216 $4,300 1 year to 3 years $4,711 $4,758 $4,853 3 years to 5 years $4,908 $4,957 $5,056 5 years to 7 years $5,012 $5,062 $5,163 7 years to 10 years $5,063 $5,114 $5,216 10 years to 15 years $5,165 $5,217 $5,321 15 years or more $5,266 $5,319 $5,425 GRADE it - DRIVER/OPERATOR Start to 2 years $5,583 $5,639 $5,752 2 years or more $5,693 $5,750 $5,865 GRADE III -CAPTAIN Start to 2 years $6,018 $6,078 $6,200 2 years or more $6,226 $6,288 $6,414 GRADE IV- DISTRICT CHIEF $6,766 $6,834 $6,970 GRADE V- DEPUTY CHIEF $7,299 $7,372 $7,519 4 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the General Fund RICH WITH OPPORTUNITY BEAUN-ON'*111 T • E • X • A • s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager //�� PREPARED BY: Laura Clark, Chief Financial Officerde, MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the General Fund. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget,and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. The details of the amendments are as follows: General Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 105,670,200 $ 254,700 $ 105,924,900 Total Revenues 105,922,400 2,276,000 108,198,400 As discussed in a work session on July 24, 2012,the Henry Homberg Golf Course Fund is in need of a transfer in the amount of$200,000 due to the impact of both needed renovations and weather conditions this fiscal year. Therefore,Administration recommends the General Fund's budget be amended to appropriate the additional transfer of$200,000. In addition, because overall expenditures,before transfers,are expected to exceed budgeted expenditures by$54,700, an amendment is needed to appropriate these additional expenditures. Due to increases in sales tax and property tax collections as well as charges for services in an estimated aggregate amount of$2,276,000,there is sufficient revenue to cover the additional appropriation of$254,700 for FY 2012. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE GENERAL FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012, be and the same is hereby amended to appropriate additional expenditures and revenues in the General Fund as shown below: General Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 105,670,200 $ 254,700 $ 105,924,900 Total Revenues 105,922,400 2,276,000 108,198,400 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 5 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the Water Utilities Fund RICH WITH OPPORTUNITY BEAUMON* T • E • X a A • S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the Water Utilities Fund. BACKGROUND In accordance with Article VI of the City Charter,the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the amendments are as follows: Water Fund Original Budget Proposed Amendment Amended Budget Total Expenditures $ 43,019,400 $ 1,007,300 $ 44,026,700 Total Revenues 42,092,100 405,500 42,497,600 The Water Utilities Fund incurred additional expenditures in FY 2012 due to the effects of last year's drought and the expansion of the sewer treatment plant. The drought conditions caused an increase in repair and maintenance of the sewer system's infrastructure. In addition, a parcel of land became available and was purchased as part of the future expansion of the sewer treatment plant. Additional revenues estimated at$405,500 and fund balance are available to cover the additional appropriation of$1,007,300. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE WATER UTILITIES FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012, be and the same is hereby amended to appropriate additional expenditures and revenues in the Water Utilities Fund as shown below: Water WNW*Fund Original Budget Proposed nation Amended Budget Total Expenditures $ 43,019,400 $ 1,007,300 $ 44,026,700 Total Revenues 42,092,100 405,500 42,497,600 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 6 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the Henry Homberg Golf Course Fund RICH WITH OPPORTUNITY BEA T • _ • z A • 6 City Counc Agenda Item TO: City Council FROM: Kyle Hayes, City Manager ��/n� PREPARED BY: Laura Clark, Chief Financial Officer 0(c MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the Henry Homberg Golf Course Fund. BACKGROUND In accordance with Article VI of the City Charter,the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made m the budget ordinance adapting the bud84t, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the amendments are as follows: Henry Homberg f rkbW Budget Proposed Aieeudaurst Armed Budget Golf Cowie Fund Total Expenditures $ 437,000 $ 31,500 $ 46$,500 Total Revenues 443,100 94,0007 537,100 The Henry Homberg Golf Course has experienced an increase in total operating costs for FY 2012. The City has moved forward with rehabilitating the fairways and greens and with this has come an increase in personnel costs, operating supplies, chemicals and maintenance. There is additional revenue from a proposed transfer of$200,000 from the General Fund that will cover the additional appropriation. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE HENRY HOMBERG GOLF COURSE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012, be and the same is hereby amended to appropriate additional expenditures and revenues in the Henry Homberg Golf Course Fund as shown below: Henry Homberg Golf Original Budget Proposed Appropriation Amended Budget Course Fund Total Expenditures $ 437,000 $ 31,500 $ 468,500 Total Revenues 1 443,100 1 94,000 1 537,100 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 7 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the Rita Recovery Fund RICH WITH OPPORTUNITY REAU"M,ON* 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: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the Rita Recovery Fund. BACKGROUND The Rita Recovery fund has been used to account for all repairs and reimbursements from Hurricane Rita since 2005. The Fund's current cash balance is $1,549,384. Insurance claims have been settled and all repairs completed. Administration recommends a close-out of this fund and a transfer of the remaining funds to the Capital Reserve Fund. Therefore, an additional appropriation must be made in the Rita Recovery Fund of$1,549,384. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO CLOSE-OUT THE RITA RECOVERY FUND AND TRANSFER THE FUND BALANCE OF $1,549,364 FROM THE RITA RECOVERY FUND TO THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011, through September 30, 2012, be and the same is hereby amended to close-out the Rita Recovery Fund and appropriate and transfer the fund balance of$1,549,384 from the Rita Recovery Fund to the Capital Reserve Fund. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 8 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the Capital Reserve Fund RICH WITH OPPORTUNITY B:EAUW* T • R 9 X • A • 8 Clrty Council Agenda Item TO: city Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer 6C MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the Capital Reserve Fund. BACKGROUND In accordance with Article VI of the City Charter,the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be insured. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the amendments are as follows: Capital Reserve Ortiu1 Budget Pr wed Aee~ede rt Ac ed Budget Feed Total Expenditures $ 5,141,600 $ 1,072,300 $ 6,213,900 Total Revenues 2,115,700 1,695,400 3,811,100 The Capital Reserve Fund is projected to exceed budgeted expenditures by$1,072,300 due to the purchase of Hotel Beaumont and the purchase of additional fleet and equipment. There is additional revenue, including a proposed transfer from the closeout of the Rita Recovery Fund, sufficient to cover this appropriation of$1,072,300. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE CAPITAL RESERVE FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012, be and the same is hereby amended to appropriate additional expenditures and revenues in the Capital Reserve Fund as shown below: Capital Reserve Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 5,141,600 $ 1,072,300 $ 6,213,900 Total Revenues 2,115,700 1,695,400 3,811,100 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 9 August 7,2012 Consider an ordinance amending the FY 2012 Budget, specifically the Municipal Transit Fund RICH WITH OPPORTUNITY BEAUNON* 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: August 7, 2012 REQUESTED ACTION: Council consider an ordinance amending the FY 2012 Budget, specifically the Municipal Transit Fund. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. Approving the proposed amendments will ensure that expenditures are within the approved budget. The details of the amendments are as follows: Municipal Transit Original Budget Proposed Amendment Amended Budget Fund Total Expenditures $ 4,780,000 $ 578,300 $ 5,358,300 Total Revenues 4,278,900 1,036,200 5,315,100 The Municipal Transit Fund is projected to exceed budgeted expenditures by$578,300 due to grant-funded capital improvements and an increase in maintenance costs,personnel costs, and legal fees related to increased injury claims and lawsuits. There is additional revenue from a transfer from the General Fund in the amount of$900,000 approved in June 2012, along with additional grant funds that are sufficient to cover the this appropriation. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE FISCAL BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2012 TO APPROPRIATE ADDITIONAL EXPENDITURES AND REVENUES IN THE MUNICIPAL TRANSIT FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT the Fiscal Budget of the City of Beaumont for the period commencing October 1, 2011 through September 30, 2012, be and the same is hereby amended to appropriate additional expenditures and revenues in the Municipal Transit Fund as shown below: Transit Fund Original Budget Proposed Appropriation Amended Budget Total Expenditures $ 4,780,000 $ 578,300 $ 5,358,300 Total Revenue $ 4,278,900 $ 1,036,200 $ 5,315,100 Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid,such invalidity shall not affect the remaining portions of this ordinance and, to such end, the various portions and provisions of this ordinance are declared to be severable. Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 10 August 7,2012 Consider a resolution approving a contract for the rehabilitation of a duplex located at 1915 Texas Street for the Neighborhood Stabilization Program RICH WITH OPPORTUNITY BEAUM,O#* 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: August 7, 2012 REQUESTED ACTION: Council consider a resolution approving a contract with DRC Construction of Beaumont in the amount of$152,670 for the rehabilitation of a duplex located at 1915 Texas Street for the Neighborhood Stabilization Program. BACKGROUND In response to the recent decline of property values and mortgage foreclosures across the country,the U.S. Department of Housing and Urban Development(HUD) developed the Neighborhood Stabilization Program(NSP), in order to assist with the revitalization and stabilization of impacted communities. The NSP was designed to provide targeted assistance to State and Local Governments to acquire and redevelop abandoned and/or foreclosed homes and residential properties that might otherwise become sources of blight within the neighborhoods. The City of Beaumont received a grant in the amount of$1,125,873 to purchase,rehabilitate, sell or rent affordable housing to low income citizens. This grant has allowed the City to purchase and rehabilitate eight single family residential homes,of which one has been sold. The duplex is scheduled to be rehabilitated and donated to a nonprofit organization that will manage the property according to NSP guidelines. Bids were solicited from twenty contractors and three responses were received. The contractor meeting the qualifications of lowest price, experience and time of completion is DRC Construction. FUNDING SOURCE Grant funds available from HUD. No matching funds are required. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were solicited for contracts to rehabilitate a duplex at 1915 Texas Street under the Neighborhood Stabilization Program; and, WHEREAS, DRC Construction, of Beaumont,Texas,submitted a bid in the amount of$152,670; and, WHEREAS, City Council is of the opinion that the bid submitted by DRC Construction, of Beaumont, Texas, in the amount of$152,670 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by DRC Construction, of Beaumont, Texas, in the amount of $152,670 for the rehabilitation of a duplex located at 1915 Texas Street under the Neighborhood Stabilization Program be accepted by the City of Beaumont; and, THAT the City Manager be and he is hereby authorized to execute a contract with DRC Construction, of Beaumont, Texas, for the purposes described herein. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 11 August 7,2012 Consider a resolution authorizing the City Manager to enter into a contract with Helbig Community Development Corporation for the use of 2011 HOME Program funds for site development costs associated with the construction of up to twelve new homes s t RICH WITH OPPORTUNITY BEAUNON*T E X A S City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider authorizing the City Manager to enter into a contract with Helbig Community Development Corporation (CDC) for the use of 2011 HOME Program funds for site development costs associated with the construction of up to twelve (12)new homes. BACKGROUND Helbig Community Development Corporation(CDC)is requesting $160,000 in 2011 HOME Program funds to assist in reducing the construction cost for up to twelve (12)homes. Each of the twelve(12)homes would be allocated up to $15,000 for foundation and site preparation. This subsidy will allow the homes to be more affordable for the low-to-moderate income families targeted by this program and allow this Community-based Housing Development Organization (CHDO)to continue to provide high quality housing to low-to-moderate income families. The Community Development Department's Housing Division staff will be responsible for monitoring Helbig for HOME Program compliance. FUNDING SOURCE Funding is available from the 2011 HOME Program. RECOMMENDATION The Administration recommends approval. Helbig Community Development Corporation "Dedicated to Empowering Individuals,Families,and the Community" 3495 Roland Road Beaumont,Texas 77708 TEL.NO.(409)892-2456 FAX NO.(409)892-2456 Dr.Airon Reynolds,Jr.,Executive Director Email:helbigcdc@sol.com August 26,2010 Mr. Kyle Hayes,City Manager City of Beaumont 801 Main, Suite 300 Beaumont,Texas 77701 Dear Mr. Hayes, The Helbig Community Development Corporation is approximately two weeks from the beginning of the Helbig Estates Phase I on Maida Road. With the completion of the infra-structure in Phase I, we will build 10 of 24 houses for the low to moderate income families. With the$160,000 commitment through the City of Beaumont from the 2010 HOME Program Budget Year,it will allow these families' dreams to become a reality. With these committed funds, $12,500—$15,000 will be used for site preparation for each house. We are requesting that these funds be made available for use. It is upon your commitment in May 2010,that we began some site prep shortly thereafter. These funds will reduce some of our upfront cost, therefore making the mortgages affordable. We are grateful to have the City of Beaumont partner with us in making affordable housing and homeownership actualized for much deserving, low to moderate income individuals. Sincerely, Dr. Airon Reynolds,Jr. Executive Director Cc: Christopher Boone, Director of Community Development Johnny Beatty,Program Director of Community Development HeiNg Community Development Corporation is a Non-Profit Corporation with IRS 501(e)(3)Tax-Exempt Statue 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 enter into a contract with Helbig Community Development Corporation (CDC) in the amount of $160,000 for site development costs associated with the construction of up to twelve (12) new homes located within Helbig Estates, said contract to be funded from the 2011 HOME Program. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - i 12 August 7,2012 Consider a resolution authorizing the City Manager to enter into a contract with MGroup Holdings,Inc. to provide 2011 HOME Program funds for Briarbend, a Low Income Housing Tax Credit project located within the 6500 block of Sienna Trails Drive RICH WITH OPPORTUNITY BEAUMON4* T E g A s City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Community Development Director MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to enter into a contract with MGroup Holdings, Inc. to grant $88,000 in 2011 HOME funds in connection with Briarbend, a Low Income Housing Tax Credit(LIHTC)project located within the 6500 block of Sienna Trails Drive. BACKGROUND MGroup Holdings, Inc. is requesting an$88,000 grant from the 2011 HOME program allocation related to the construction of a forty(40) single-family housing unit development as part of the Sienna Trails community, located off of Concord. On February 21, 2012, City Council authorized a resolution supporting MGroup's application to the Texas Department of Housing and Community Affairs (TDHCA)for the use of Low Income Housing Tax Credit(LIHTC)funds. This prior approval was required as additional subsidized units would not be allowed in this area unless the proposed development and the allocation of tax credits were supported by the City Council. Now, MGroup is seeking local participation in the project in the form of a HOME program grant. These funds would be used toward the construction of some of the single-family units that will be rented to families with low-to-moderate incomes during the fifteen(15) year tax credit compliance period. In addition to fulfilling the mission of the HOME program to provide affordable housing within the city,the provision of this grant by the City, allows the Briarbend project to receive a more competitive score (an additional eighteen points) in the LIHTC evaluation process. FUNDING SOURCE Funds will come from the 2011 HOME program. RECOMMENDATION The Administration recommends approval. JA MGROUP f January 17,2012 Mr.Christopher Boone,AICP Community Development Director City of Beaumont 801 Main,Suite 201 Beaumont,Texas 77701 RE: Proposed Briarbend Single Family Rental Community 6500 block Sienna Trails Dr., Beaumont,Texas Dear Mr.Boone, MGroup Holdings,Inc.is requesting from the City of Beaumont a HOME Loan in the amount of$8$,000 with a term of at least 3 years and at an interest rate of 2%.The interest rate cannot exceed 100 basis points below market,which we estimate to be 7.5%. The HOME funds will be used to pay for construction costs in connection with 40 single family affordable rental homes whose rents will qualify under the HOME Program. This new rental development will also include housing tax credits which require confirmation of the HOME loan commitment on or before August 1,2012.Actual funding of the HOME loan proceeds-is-requested before the end of this year,but can also be funded up through June of 2013. In order for us to meet this necessary application requirement of TDHCA,we request that you provide us with a letter confirming that the application for HOME funds has been received and that the City expects to have HOME funds available until the cycle ends and that awards will be announced by August 1St of the current program year. TDHCA also requires that the City confirm in the response letter that the HOME funds, if awarded,were not first provided to the City by the applicant,developer,consultant, related party or individual or entity acting on behalf of the proposed application. Sincerely, MGROUP HO S,INC. Mark D.Musemeche MDM/oe MGROUP+ARCHITECTS,INC MGROUP HOLDINGS,INC MGROUP,LLC 1013 Van Buren,Houston,Texas 77019 • 713.522.4141 • 713.522.9775(F) mgroupinc @sbcglobal.net 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 contract with MGroup Holdings, Inc., to grant$88,000 in 2011 HOME funds in connection with Briarbend, a Low Income Housing Tax Credit project located within the 6500 Block of Sienna Trails Drive. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - 13 August 7,2012 Consider a resolution approving a contract for concession management services RICH {PITS OPPORTUNITY BEAUNO'N* T - E X • A • S City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Laura Clark, Chief Financial Officer ki MEETING DATE: August 7, 2012 REQUESTED ACTION: Council consider a resolution approving the award of contract for concession management services. BACKGROUND Requests for Proposal were solicited for a three (3)year contract with an option to renew for an additional three (3)years for concession management services. Concession management services include catering, concessions and event sales of beer, liquor and novelties. Facilities include the Civic Center, Julie Rogers Theatre,Jefferson Theatre, Riverfront Park and the Event Centre. The concessionaire is responsible for maintaining all State and local licensing and insurance for the operation of a food and liquor service. The contract grants exclusive concession rights which include all food, alcoholic and non-alcoholic beverages,catering rights and privileges, incidental sales, services, programs, periodicals and novelties at the Civic Center, Julie Rogers Theatre and the Jefferson Theatre. These services will be provided when requested at Riverfront Park and the Event Centre. The concessionaire is not allowed to sell tobacco or tobacco products. Bid notifications were provided to eight(8)vendors and one (1)response was received. Treat America Food Services (Treat America)of Merriam, Kansas was the single response received. Treat America has provided these services for the past nine(9)years. The proposed percentages of gross sales to be paid to the City are as follows: DESCRIPTION PERCENTAGE Vending N/A Beer/Liquor 18 Catering 8 Third party/Novelties 25 Concessions 16 I I� Page 2 July 31, 2012 Concession Management Services FUNDING SOURCE Revenue will be deposited in the General Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, bids were received for a three(3)year contract,with an option to renew for an additional three(3)years,for concession management services at the Civic Center, Julie Rogers Theater, Jefferson Theater, Riverfront Park and the Event Centre; and, WHEREAS,TreatAmerican Food Service,of Merriam, Kansas,submitted a bid with percentages of gross sales to be paid to the City as shown below: DESCRIPTION PERCENTAGE Vending NA Beer/ Liquor 18 Catering 8 Third Party/ Novelties 25 Concessions 16 and, WHEREAS, City Council is of the opinion that the bid submitted as shown above should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Treat America Food Service, of Merriam, Kansas, for a three (3)year contract, with an option to renew for an additional three (3) years, for concession management services at the Civic Center, Julie Rogers Theater, Jefferson Theater, Riverfront Park and the Event Centre at the percentages shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - PUBLIC HEARING Conduct a public hearing to receive comments related to a grant application and a contract with the Federal Transit Administration (FTA) to receive Operating Assistance funds for the Beaumont Municipal Transit System 14 August 7,2012 Consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration to receive Operating Assistance funds for the Beaumont Municipal Transit System RICH WITH OPPORTUNITY B`EAU WK* T * Z - X - A - S City C Agenda Item TO: City Council FROM: Kyle Hayes,Ci Manager G1 PREPARED BY: Chris Boone. Community Development Director MEETING DATE: August 7,2012 REQUESTED ACTION: Council conduct a public hearing to consider a resolution authorizing the City Manager to submit a grant application and execute a contract with the Federal Transit Administration(FTA)to receive Operating Assistance funds for the Beaumont Municipal Transit System. BACKGROUND Beauunont Municipal Transit has prepared a grant application for FY 2012 FTA funds. The grant will help fund the labor,ftW benefits,parts and supplies,purchased services,utilities,insurance, licenses, and all other miscellaneous expenses needed for the operation and maintenance of the Beaumont Municipal Transit(BMT)System in FY 2012,the period from October 1,2011 through September 30,2012. FUNDING SOURCE The grant amount is based on a formula allocation and will pay approximately half of the net operating deficit. FTA Grant $1,794,400 City Share $2,063,443 State $367,157 Fare Box Total: 715 RECOMMENDATION The Administration recommends approval. Beaumont Municipal Transit System wow 550 Milam Street Beaumont, Texas 77701 409/835-7895 409/832-3609 fax OFFICE MEMORANDUM DATE: July 27,2012 SUBJECT: Council Agenda Items for August 7,2012 City Council Meeting TO: Chris Boone FROM: Bill Munson I need two items to be put on the City Council Agenda for the August 7,2012 meeting.The first is a public hearing on the FTA grant application for operating assistance for BMT for FY2012.Our funding level was just released by TXDOT in the amount of$1,784,400. The second item is to correct a deficiency found during the recent Triennial Review by FTA. FTA has come out with new"behaviors which constitute a refusal to take a required drug/alcohol test."A change was made to our Alcohol and Substance Abuse Policy in order to be in compliance.In addition,the amended plan has to be officially adopted by the governing body,City Council. I will have the public hearing notice on the grant application published in the Examiner on Thursday, August 2,2012. 1 have attached an amended copy of the Alcohol and Substance Abuse Policy with the required change. If you have any questions, let me know. Thanks, Bill PUBLIC NOTICE The City of Beaumont/Beaumont Municipal Transit (BMT) is considering applying for a Federal Transit Administration (FTA) 5307 Grant for the Beaumont Municipal Transit System for FY 2012, the period of October 1, 2011 through September 30, 2012. The follow is a listing and description of the proposed Program of Projects (POP): Prolect Qescrkition Local Fedgral State Total Operating Assistance $2,063,443 $1,784,A00 $367,157 $4,215,000 TOTAL PROGRAMMED $2,063,443 $1,784,400 $367,167 $4,215,000 Q, Assistance—This project is for operating assistance for the Beaumont Municipal Transit System in FY 2012. This grant will pay up to one-half of the net operating deficit. As listed above, the fiscal year 2012 operating budget is estimated to be $4,715,000, minus an estimated farebox revenue of$500,000, resulting in a net project cost of$4,215,000. A public hearing on the proposed grant application, Program of Projects (POP), and the associated funding will be held by the City of Beaumont on Tuesday, August 7, 2012, at 1:30 pm in City Council Chambers, Beaumont City Hall, 801 Main Street, Beaumont,Texas, 77704. The Public Hearing will offer an opportunity for interested persons, agencies, and private transportation providers to comment on the proposal. The hearing will also afford the opportunity for interested persons to be heard on the social, economic, and environmental aspects of the proposal. Prior to the hearing, additional information may be requested and/or written comments may be submitted to: William J. Munson General Manager Beaumont Municipal Transit 550 Milam Street Beaumont,Texas 77701 (409)835-7895 In addition, the proposed POP may be viewed prior to the Public Hearing by the public at the Beaumont Municipal Transit Office at 550 Milam Street, Beaumont, Texas, 77701, during normal business hours of 8:00 am until 4:30 pm on weekdays. The above proposed POP and associated funding will become final and submitted in the form of an application to the FTA unless amended by the City Council. The final approved POP will be available for public review at the Beaumont Municipal Transit Office at 550 Milam Street, Beaumont, Texas, 77701, or a copy can be requested by calling (409)835-7895. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to submit a grant application and execute a contract with the Federal Transit Administration (FTA) to receive an Operating Assistance Grant in the amount of$1,784,400 forthe Beaumont Municipal Transit System. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames - PUBLIC HEARING Dangerous swoare: 15 August 7,2012 Consider an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program RICH WITH OPPORTQHITT BEA,UKD-K*, T • Z • X • A - B City Council Agenda. Item TO: City Council FROM: Kyle Hayes, City Manager GSA PREPARED BY: Chris Boone,Community Development Director MEETING DATE: August 7,2012 REQUESTED ACTION: City Council, after conducting a public hearing, consider an ordinance to declare the following forty-seven (47) structures to be unsafe structures and order the owners to raze the said structures within ten(10)days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 5250 Allen&Garage 2. 2255 Angelina 3. 2500 Angelina(Garage) 4. 637 Avenue D (Garage) 5. 705 Avenue E & Shed(1) 6. 1669 Avenue G(1) Rear of 1667 Avenue G 7. 905 Blanchette 8. 3036 Bolivar 9. 1687 Cartwright(1) 10. 845 Concord 11. 2595 Dogwood 12. 5354 Downs 13. 2995 Edmonds(Rear Structure) 14. 2540 Euclid (#) Indicated number of times structure has been enrolled in work program 15. 1235 Evans 16. 1236 Ewing& Shed 17. 5435 Fanned Rd Trailer#2 18. 5435 Fannett Rd Trailer#13 19. 646 Fulton& Shed 20. 675 Fulton 21. 915 Fulton& Shed 22. 707 Goliad(1) 23. 4345 Grandberry 24. 3185 Grand(Garage) 25. 3820 Grand 26. 975 Gulf(Commercial) 27. 4715 Harding&Garage 28. 1930 Hazel(5) 29. 2372 Hazel &Garage(1) 30. 5620 Helbig&Carport 31. 3930 Inez& Shed 32. 1220 Interstate 10 E (Commercial) 33. 720 Jeny Ln& Shed 34. 1303 Johns&Garage 35. 340 La Salle 36. 2524 Laurel (Carport) 37. 2340 Long&Garage 38. 1970 E Lucas(1) 39. 3866 Ogden(1) 40. 2180 Pecos(2) Out Building/Apartment) 41. 2204 Pecos(2) 42. 3180 Robinhood(Storage Building) 43. 2255 Rusk(Garage) 44. 2275 Rusk(Storage Building) 45. 2556 Sabine Pass & Shed 46. 1636 Tilson(Rear of 1640 Tilson) 47. 1910 Turon (#) Indicated number of times structure has been enrolled in work program BACKGROUND These structures have been inspected by the Building Codes Division and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24,Article 24.04 Unsafe Substandard Structures, Division 1, Sec. 14.04.001 of the 2009 International Property Maintenance Code. Additionally,these structures have deteriorated to a condition that they are no longer considered suitable for repair. FUNDING SOURCE City may incur the cost of demolition. Sources may include General Fund and Community Development Block Grant(CDBG) funding. RECOMMENDATION The administration recommends approval. ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND REMOVAL OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 5250 Allen &Garage 2. 2255 Angelina 3. 2500 Angelina(Garage) 4. 637 Avenue D(Garage) 5. 705 Avenue E&Shed (1) 6. 1669 Avenue G (1) (Rear of 1667 Avenue G) 7. 905 Blanchette 8. 3036 Bolivar 9. 1687 Cartwright(1) 10. 845 Concord 11. 2595 Dogwood 12. 5354 Downs 13. 2995 Edmonds(Rear Structure) 14. 2540 Euclid 15. 1235 Evans 16. 1236 Ewing &Shed 17. 5435 Fannett Rd Trailer#2 18. 5435 Fannett Rd Trailer#13 19. 646 Fulton &Shed 20. 675 Fulton 21. 915 Fulton &Shed 22. 707 Goliad (1) 23. 4345 Grandberry 24. 3185 Grand (Garage) 25. 3820 Grand 26. 975 Gulf(Commercial) 27. 4715 Harding &Garage 28. 1930 Hazel (5) 29. 2372 Hazel &Garage(1) 30. 5620 Helbig &Carport 31. 3930 Inez&Shed 32. 1220 Interstate 10 E (Commercial) 33. 720 Jeny Ln &Shed 34. 1303 Johns&Garage 35. 340 La Salle 36. 2524 Laurel(Carport) 37. 2340 Long &Garage 38. 1970 E Lucas(1) 39. 3866 Ogden (1) 40. 2180 Pecos(2) Out Building/Apartment) 41. 2204 Pecos(2) 42. 3180 Robinhood (Storage Building) 43. 2255 Rusk(Garage) 44. 2275 Rusk(Storage Building) 45. 2556 Sabine Pass&Shed 46. 1636 Tilson (Rear of 1640 Tilson) 47. 1910 Turon (#) Indicates number of times structure has been enrolled in work program. to be public nuisances in that said buildings violate Chapter 24, Article 24.04, Section 24.04.001 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated, decayed, unsafe or unsanitary condition, or otherwise unfit for human habitation, or otherwise likely to endanger the health, safety or general welfare of the citizens of the City. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City Council action. Section 3. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Chapter 24, Article 24.04 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the property owner(s) of the following described buildings execute a work program with the City within ten (10) days of the effective date of this ordinance and either demolish or complete all repairs and receive a Certificate of Occupancy within one-hundred fifty (150) days. Should the owner(s) fail to obtain substantial completion as defined in the work program, within ninety (90) days from the initiating date of the work program, Council hereby orders that the property be demolished without further notification to the property owner(s) or City Council action. Section 4. If a property owner requests and is authorized by City Council to enroll in a work program, all properties are to be secured from unauthorized entry, and all delinquent taxes shall be paid in full or a payment plan executed prior to the enrollment of the property in the work program. Section 5. 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 6. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1.01.009 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of August, 2012. - Mayor Becky Ames -