HomeMy WebLinkAboutPACKET AUG 27 2013 kttii Ai7la CIk'9aks tiii7
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T • E - X - A - S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 27, 2013 1:30 P.M.
CONSENT AGENDA
* Approval of minutes—August 20, 2013
Confirmation of committee appointments
Paula Blazek would be reappointed to the Historic Landmark Commission. The current term
would expire July 23, 2015. (Councilmember W.L. Pate, Jr.)
A) Approve a resolution authorizing the City Manager to execute all documents necessary to
accept funding in the amount of$472,012 from The Texas Department of State Health
Services for use at the Beaumont Public Health Department
B) Approve a resolution authorizing the City Manager to execute all documents necessary,
specifically a Grant Contract between the Office of the Attorney General and Beaumont
Police Department
C) Approve a resolution authorizing the sale of City-owned property located at 710 Lincoln
Street
D) Approve a resolution authorizing the Beaumont Convention and Visitors Bureau to apply
for grant funds from the Jefferson County Tourism Commission related to a cooperative
billboard advertising effort
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following reappointment be made:
Reappointment Commission Beginning Expiration
of Term of Term
Paula Blazek Historic Landmark Commission 08/27/13 07/23/15
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
A
RICH WITH OPPORTUNITY
r
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Sherry Ulmer, Public Health Director
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider a resolution approving the City Manager
to execute all documents necessary to accept funding from
The Texas Department of State Health Services (DSHS) in
the amount of$472,012.00 awarded to the Beaumont
Public Health Department.
BACKGROUND
The Texas Department of State Health Services has awarded the Beaumont Public Health
Department grant funds in the amount of$472,012.00. This contract consists of the following
grants:
1. Immunization Branch - Locals
2. Regional and Local Services System/Local Public Health Services (RLSS/LPHS)
3. Public Health Emergency Preparedness (PHEP)
4. Tuberculosis Prevention Control/Federal (TB/PC)
5. Tuberculosis Prevention Control/State (TB/PC)
The funding from these grants will assist the Beaumont Public Health Department's activities in
support of Public Health Emergency Preparedness in cooperation with the Centers of Disease
Control; perform activities and services that will improve or strengthen local public health
infrastructure within the State of Texas; and implement and operate an immunization program
for children, adolescents, and adults; and operate a clinical program to prevent and control
Tuberculosis. This contract will begin 09/01/13 and end on 08/31/2014.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of the resolution.
DEPARTMENT OF STATE HEALTH SERVICES
�w
The contracts listed below in Section 6(Contracts), are entered into by and between the Department of State Health Services
(DSHS or the Department), an agency of the State of Texas, and Beaumont Public Health Department(Contractor), a
Governmental Entity, (collectively, the Parties).
1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible
populations as described in the Contracts.
2. Total Amount of the Contract and Payment Method(s). The total amount of these Contracts is$472,012.00, and the
payment method(s)shall be as specified in the Contracts.
3. Fundina Obligation. These Contracts are contingent upon the continued availability of funding. If funds become unavailable
through lack of appropriations, budget cuts,transfer of funds between programs or health and human services agencies,
amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current
appropriated funding for these Contracts, DSHS may restrict, reduce, or terminate funding under any or all of these Contracts.
4. Term of the Contract. These Contracts begin on 9/01/2013 and ends on 8/31/2014. DSHS has the option, in its sole
discretion,to renew these Contracts as provided in each Contract. DSHS is not responsible for payment under these Contracts
before both parties have electronically signed the Contracts or before the start date of the Contracts,whichever is later.
5. Authority. DSHS enters into these Contracts under the authority of Health and Safety Code, Chapter 1001.
6. Documents Forminq Contract. The Contracts consists of the following:
a. Delegated Signature Page(this document)
b. Contracts:
2014-001224-00
2014-001237-00
2014-001278-00
2014-001382-00
2014-001392-00
c. General Provisions (Sub-recipient)
d. Solicitation Document(s), and
e. Contractor's response(s)to the Solicitation Document(s).
f. Exhibits
Any changes made to these Contracts,whether by edit or attachment, do not form part of the Contracts unless expressly agreed
to in writing by DSHS and Contractor and incorporated herein.
7. Conflicting Terms. In the event of conflicting terms among the documents forming these Contracts,the order of control is first
the Delegated Signature Page,then the Contracts,then the General Provisions, then the Solicitation Document(s), if any, and then
Contractor's response to the Solicitation Document, if any.
8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods
received under these Contracts:
Name: Beaumont Public Health Department
Address: 950 Washington Blvd
Beaumont,TX 77705
Vendor Identification Number:17460002789
9. Entire Agreement. The Parties acknowledge that these Contracts are the entire agreement of the Parties and that there are no
agreements or understandings, written or oral, between them with respect to the subject matter of these Contracts, other than as set
By signing below,the Contractor acknowledges that it has read the Contracts and agree to its terms, and that the person whose
signature appears below has the requisite authority to execute these Contracts on behalf of the named party to electronically sign
on behalf of(Organization)in the Contract Management and Procurement System (CMPS)at the Deparment of State Health
Services(DSHS).
Beaumont Public Health Department
By:
Signature
Date
Printed Name and Title
Address
City, State,Zip
Telephone Number
E-mail Address for Official Correspondence
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary to accept funding from the Texas Department of State Health Services
(DSHS) in the amount of $472,012.00 for the following grants: Immunization Branch —
Locals; Regional and Local Services System/Local, Public Health Services
(RLSS/LPHS); Public Health Emergency Preparedness (PHEP); Tuberculosis
Prevention Control/Federal (TB/PC); Tuberculosis Prevention Control/State (TB/PC),
effective September 1, 2013 through August 31, 2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
-Mayor Becky Ames-
B
RICH WITH OPPORTUNITY
r
T • E • X . A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: James P. Singletary, Chief of Police
MEETING DATE: August 27, 2013
REQUESTED ACTION: Consider a resolution authorizing the City Manager to
execute all documents necessary, specifically a Grant
Contract between the Office of the Attorney General and the
Beaumont Police Department.
BACKGROUND
Project Safe Neighborhoods (PSN) is a nationwide commitment to reducing gun crime. It links
existing local programs together and provides them with the necessary tools. PSN takes a hard line
against gun criminals, using every available means to create safer neighborhoods; to achieve
heightened coordination among federal, state and local law government; and it emphasizes tactical
intelligence gathering, more aggressive prosecutions, and enhanced accountability through
performance measures.
FUNDING SOURCE
Grant Funds in the amount of$37,564. There is not a city match.
RECOMMENDATION
Approval of Resolution.
GRANT CONTRACT
BETWEEN THE OFFICE OF THE ATTORNEY GENERAL
AND BEAUMONT POLICE DEPARTMENT
OAG Contract No. 1341783
EXHIBIT A
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE directly or indirectly arising out of this contract and in consideration of full,
satisfactory and timely performance of all its duties, responsibilities, obligations, liability, and
t6r reimbursement of all expenses, if any, as set forth in this contract or arising out of any
performance herein, shall not exceed the following:
THIRTY SEVEN FIVE HUNDRED SIXTY FOUR ANDAND 001100
($37,564.00) DOLLARS
Budget. Subject to the limitations within this contract, the OAG will reimburse GRANTEE for
actual and allowable allocable costs paid according to the following amounts and budget
categories:
Budget Category
Personnel SO
Fringe Benefits SO
Professional & Consultant Services s0
Travel 50
t: ipment S25,961
Supplies S 3.433
Other Direct Operating Expenses S 8,170
Total $37,564
PSN Eastenl Lhsuict-5ubrecipient Beaumont Police Dcpartmat Grant Contract
Pave I8o(;1i
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 grant contract with
the Office of the Attorney General in the amount of $37,564 of allowable funds to be
allocated for equipment, supplies and operating expenses for the Project Safe
Neighborhoods (PSN) for use by the Beaumont Police Department for the purpose of
reducing gun crime.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
c
RICA WITH OPPORTUNITY
r
T . E . X . A . S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, Cit Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider a resolution authorizing the sale of City-owned
property located at 710 Lincoln Street.
BACKGROUND
Bids were received Thursday, August 15, 2013 for the sale of City-owned surplus property
located at 710 Lincoln Street. There was only one bidder on this property. The description and
the bidder for the property are listed below:
Address: 710 Lincoln Street
Legal: Lot 169 & Lot 170, Block 16, Herring Addition
Zoning: GC-MD, General Commercial Multiple Family Dwelling District
Acreage: 0.172 176 acre tract
Name _ Minimum Bid Bid Amount
A Personal Touch, LLC $4,625.00 $1,500.00
Bobby R. Williams, Sr., CEO/Owner
The City of Beaumont acquired the property at 710 Lincoln on July 11, 2001 by executing a
Special Warranty Deed between ExxonMobil Corporation and the City of Beaumont. Sometime
later a building was donated to the Junior League of Beaumont to provide programs for the
Charlton Pollard community. The placing of the building on city property was accepted by city
administration.
On February 7, 2005 a Bill of Sale for the building was executed between the Junior League of
Beaumont and the Charlton Pollard Neighborhood Association. The Charlton Pollard
Neighborhood Association (CPNA) occupied the building located at 710 Lincoln Street as their
headquarters until June 20, 2008.
CPNA executed a General Warranty Deed to A Personal Touch, LLC to sell the building at 710
Lincoln Street. CPNA should have executed a Bill of Sale with A Personal Touch, LLC
conveying ownership of the building only.
The City of Beaumont owns the land and A Personal Touch, LLC owns the building. A Personal
Touch, LLC contacted the City of Beaumont to purchase the land. This sale is the result of the
request made by A Personal Touch, LLC.
A minimum bid of$4,625 was specified to recapture funds expended to acquire and maintain the
land located at 710 Lincoln. Since there was only one bid by Bobby R. Williams, Sr.,
CEO/Owner of A Personal Touch LLC, administration recommends waiving the minimum bid
and accepting the bid of$1,500 for the sale of the real property located at 710 Lincoln.
FUNDING SOURCE
Not Applicable.
RECOMMENDATION
Approval of resolution.
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT THAT TRANSFERS AN INTERST IN REAL PROPERTY BEFORE IT IS
FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR
DRIVER'S LICENSE NUMBER.
THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF JEFFERSON X
SPECIAL WARRANTY DEED
That, CITY OF BEAUMONT, a municipal corporation, domiciled in Jefferson County,
Texas, hereinafter called GRANTOR for and in consideration of the sum of ONE THOUSAND
FIVE HUNDRED AND NO/100 ($1,500.00) DOLLARS and other good and valuable
consideration, to it in hand paid by the A PERSONAL, TOUCH, LLC of the County of Travis,
State of Texas, hereinafter called GRANTEE, for the conveyance of the hereinafter described
property, the receipt and sufficiency of which is hereby acknowledged and confessed, has
GRANTED, SOLD and CONVEYED, subject to the reservations and exceptions hereinafter
made, and by these presents does GRANT, SELL and CONVEY unto the said A PERSONAL
TOUCH, LLC, P.O. Box 141336, Austin, Texas 78714-1336, and to its successors and assigns
forever the property described as follows
Lots 169 and 170, Block 16 of Herring Addition to the City of Beaumont,
Jefferson County, Texas according to the map or plat of record in the office of the
County Clerk.
This conveyance is expressly made subject to all zoning laws and to restrictions,
covenants, conditions, easements and mineral and/or royalty reservations, if any, effecting the
property.
TO HAVE AND TO HOLD the above described premises together with all and singular
the rights and appurtenances thereto and in any wise belonging, unto the said GRANTEE and
GRANTEE'S successors and assigns, forever; and said GRANTOR binds herself and her
successors and assigns to warrant and forever defend all and singular the said premises unto the
said GRANTEE and GRANTEE'S successors or assigns, against every person lawfully
claiming or to claim all or any part of the property, subject to the provisions stated above, when
the claim is by, through, or under GRANTOR but not otherwise.
EXECUTED this the day of 2013.
CITY OF BEAUMONT:
KYLE HAYES
ACKNOWLEDGMENT
STATE OF TEXAS X
COUNTY OF JEFFERSON X
This instrument was acknowledged before me on this day of 2013,
by Kyle Hayes, City Manager of the City of Beaumont, a municipal corporation, on behalf of
said corporation
Notary Public, State of Texas
RETURN TO:
Bobby R. Williams, Sr.
A PERSONAL TOUCH, LLC
P.O. Box 141 336
Austin, Texas 78714-1 336
RESOLUTION NO.
WHEREAS, on August 15, 2013, the City of Beaumont received a single bid for the
sale of City-owned surplus property; and
WHEREAS, the City of Beaumont received a single bid from the following bidder in
the amount shown:
Purchaser: A Personal Touch, LLC
Bobby R. Williams, Sr., CEO/Owner
Minimum Bid: $4,625.00
Bid Amount: $1,500.00
Address: 710 Lincoln Street
Legal: Lot 169 & Lot 170, Block 16, Herring Addition
Zoning: GC-MD, General Commercial Multiple Family Dwelling District
Acreage: 0.172176 acre tract
and,
WHEREAS, the land is no longer needed for the use of citizens as a community
facility, nor does it have a potential for park, conservation, recreation or similar public
purposes; and,
WHEREAS, the City of Beaumont wishes to sell the above property as shown;
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 City Manager be and he is hereby authorized to execute a Special
Warranty Deed for the sale of the above-described property as shown.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
r
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dean Conwell, Convention & Visitor's Bureau Exec. Dir.
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider a resolution authorizing the Beaumont
Convention and Visitors Bureau to apply for grant funds
from the Jefferson County Tourism Commission related to a
cooperative billboard advertising effort.
BACKGROUND
The Beaumont Convention and Visitors Bureau would apply for grant funds in the amount of
$9,600, which is half the cost of an annual cooperative billboard advertisement. The billboard is
located on I-10 and encourages visitors to stop at the Ben J Rogers Regional Visitors Center.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
RICTI WITH OPPORTUNITY
I
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS AUGUST 27, 2013 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 3-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider an ordinance approving a specific use permit for additional school
classrooms in an R-S (Residential Single Family Dwelling) District at 8200 Hwy
105
2. Consider an ordinance abandoning a section of right-of-way on Leon Street at the
north property line of 3755 Preston Street
3. Consider a resolution authorizing the City Manager to apply for and receive funds
from FEMA's Severe Repetitive Loss Grant Program
4. Consider a resolution approving a final change order and final payment to CF
Jordan Construction for the construction of the Event Centre and authorize the
City Manager to execute all documents related to the final settlement with CF
Jordan Construction
WORK SESSION
* Review and discuss the proposed FY 2014 Budget and the proposed 2014 Capital
Program
PUBLIC HEARING
* Receive comments on the proposed FY 2014 Budget and the proposed 2014
Capital Program
PUBLIC HEARING
* Receive comments on the 2013 (FY 2014) Proposed Tax Rate
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.
I
August 27,2013
Consider an ordinance approving a specific use permit for additional school classrooms in an R-S
(Residential Single Family Dwelling) District at 8200 Hwy 105
RICH WITH OPPORTUNITY
111E'A,[111C1
T. E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
c '0
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider an ordinance approving a specific use permit
for additional school classrooms in an R-S (Residential Single
Family Dwelling) District at 8200 Hwy 105.
BACKGROUND
Southeast Educational Foundation, on behalf of Legacy Christian Academy, has applied for a
specific use permit.
The area is generally residential. The proposed addition of three modular classroom buildings is an
expansion of the existing use. The initial application was received and approved in 1996. At that
time, nine modular buildings were approved, and all have since been installed. The proposed use is
compatible with existing uses in the area.
Utilities and drainage in the area are adequate for the proposed use. Parking on the site is sufficient
for the proposed expansion and an additional turn around for fire apparatus is to be provided on the
north. end of the existing access drive
At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended 5:0 to
approve a specific use permit for additional school classrooms in an R-S (Residential Single Family
Dwelling) District at 8200 Hwy 105.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
FAS UST Engineering and Surveying, Inc.
Professional E-igireers and Professionaf Surveyors Telephone(409)813-3410
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2525oidaSine,
a,wmn^t,aes 777 02
svwprnmF�x"xqyumtinoNo. 100024-00
Engineering p/,m"egi�trauonNo,4800
July 21, 2013
City ofBeaumont
Planning and Zoning Commission
Re: Specific Use Permit
Legacy Christian Academy
Legacy Christian Academy received a Specific Use Permit in 20I1 for the placement of Il
modular buildings on their school site in order to facilitate the addition of the elementary school
to its Highway I0Ssite.
Legacy Christian Academy is requesting aSpedfic Use Permit to add three /]\ modular units to
its educational facilities. The units will be located adjacent to the 11 units presently on site.
'These units will allow the expansion of the elementary school facilities.
The addition of these modular buildings will not be injurious tothe land use and enjoyment of
other properties no/ will the additional units impair property values within the immediate
vicinity. The school is located on a 43.5 acre tract and the additional modular units are not
visible from Highway 105. They are placed in a group with the other units.
The approval of the Specific Use Permit will not impede the normal and orderly development of
the surrounding properties. The surrounding properties are developed at this time.
Adequate utilities, access roads, drainage and other necessary supporting facilities will be
provided. The new facilities have water and sewer services available at this time, Drainage
facilities were provided under the original Specific Use Permit. The City of Beaumont has asked
for a roadway extension to facilitate fire services. The additional roadway is shown on the
master plan.
The design, location and arrangement of all driveways and parking spaces provides for the safe
and convenient movement of vehicular and pedestrian traffic without adversely affecting the
general public or adjacent development. These issues were resolved when the original Specific
Use Permit was approved.
There will riot be any nuisance issues such as offensive odors, fumes, dust, noise or vibration
associated with this site,
Specific Use Permit
8200 Highway 105
Legacy Christian Academy
Directional lighting will be provided so as not to disturb or adversely affect neighboring
properties.
There is sufficient landscaping and screening to insure harmony and compatibility with adjacent
properties.
The proposed use is in accordance with the Comprehensive Plan.
For The Firm,
(�j� 'ea,i,L
Richard F. Faust, .E.
President
PaL,e 2
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW FOR ADDITIONAL SCHOOL
CLASSROOMS IN A R-S (RESIDENTIAL SINGLE FAMILY
DWELLING) DISTRICT AT 8200 HIGHWAY 105 IN THE
CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Southeast Educational Foundation, on behalf of Legacy Christian
Academy, has applied for a specific use permit to allow for additional school classrooms
in a R-S (Residential Single Family Dwelling) District at 8200 Highway 105, being PL RS-5,
Tracks 277, 278, and 284 D. Easley Survey A-20, City of Beaumont, Jefferson County,
Texas, containing 43.5 acres, more or less, as shown on Exhibit"A,"attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow
for additional school classrooms in a R-S (Residential Single Family Dwelling) District at
8200 Highway 105; and
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
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 ordinance are hereby, in
all things, approved and adopted; and,
Section 1.
That a specific use permit to allow for additional school classrooms in a R-S
(Residential Single Family Dwelling) District at 8200 Highway 105, being PL RS-5 Tracks
277, 278, and 284 D. Easley Survey A-20, City of Beaumont, Jefferson County, Texas,
containing 43.5 acres, more or less, as shown on Exhibit "A," attached hereto, is hereby
granted to Southeast Educational Foundation, on behalf of Legacy Christian Academy, its
legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto
and made a part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B,"
attached hereto and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as
comply with any and all federal, state and local statutes, regulations or ordinances which
may apply.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
Ile FIResidential Request for a specifc use permit to allow additional Single Family Dwellinb) District. seaol classrooms in a 200 fjjjv 10 N Southeast
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2
August 27, 2013
Consider an ordinance abandoning a section of right-of-way on Leon Street at the north property
line of 3755 Preston Street
RICH WITH OPPORTUNITY
[11'EA,[111C111
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 27. 2013
REQUESTED ACTION: Council consider an ordinance abandoning a section of
right-of-way on Leon Street at the north property line of
3755 Preston Street.
BACKGROUND
Mr. Jesse Davis has applied for the abandonment.
The subject right-of-way (ROW) abandonment is that portion of Leon Street located north of
3755 Preston. The parcel to the north of the ROW is vacant. This portion of Leon Street is
unused. Mr. Davis states that he is requesting the abandonment so that he may incorporate a
portion or all of it with his property at 3755 Preston.
This item was sent to all interested parties. There are no utilities in the ROW and no plans or
need to put any in the ROW.
At a Joint Public Hearing held August 19, 2013, the Planning Commission recommended
approval 5:0 of the abandonment.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of ordinance.
APPLICATION FOR RIGHT-OF-WAY
OR UTILITY EASEMENT ABANDONMENT
CITY OF BEAUMONT, TEXAS
THIS IS AN APPLICATION Tl'.)ABANDON A: RIG HT-OF-\kAS'(ROv\�), UTILITY EASE' (UE)
OR RIGA I-OF-%VAY' Bt..'T RETAIN UTILITY EASEMENT.
NAMF` OFAPlll.ICAN'I': Je55e, DOLVI'- PHONL: 5LH- (*332 FAX:
AUTHORITY OF
APPL A
ICN-L Adiacer,+ land pwncr o(e-ed
NAME OF
OWNER: Jesse Dave
ADDRESS: 3-75-5 Prestm S+Y-ee4 PHONE: 549-135 PL FAX:
ALL ONt/NE-RSABUTTING THE ROW OR UE MUST SIGN WRITTEN REQUEST.
(PLEAS] ATTACH PROPERTY OWNER'S LIST TO THE APPLICATION)
DESCRIPTION OF ROW OR UE TO BE e+
( 145, r
ABANDONED:__ OL 35) jArjt�Vp_rc.%/ed 5+fe
W6-14
PRESENT USE OF ROW OR UE(LIST UTILITIES IF
PRESENT) D
ATTACH A LE'T'TER STATING THE REASONS FOR THE ABANDONMENT.
LEG.,'�L, DESCRIPTION OF PROPERTY:
LOT NO. RIOff' 6c vvaq cvj OR TRACT
BLOCK NO. Leon 0 Pre5fay-1 PLAT
ADDITION I SURVEY
ATTACH A INIAP OR PLAT DELINEATING THE PUBLIC ROW OR UE TO BE ABANDONED AND THE
LEGAL DESCRIPTION OF ADJACENT PROPERTY (DIMENSIONED AND TO ENGINEERING SCALE).
ATTACH THE 5300.00 APPLICATION FEE, THE ACTUAL COST OF NECESSARY APPRAISALS AND
TITLE COMMITMENTS. IF PROPERTY IS ABANDONED, APPRAISED VALUE OF"THE FEE INTEREST'
IN I'l IE PROPERTY SHALL BE CHARGED.
TO I'F[F BEST OFNlY KNO'\,VLEDGE, THE ABOVE INFORMATION IS TRUE AND CORRECT.
SIGNATURE OF 13
APPLICANT: DATE:
N -M 205
I'Ll"ASF- TYPI- OR PRINT AND SUBMIT TO: PLANNING DIVISION, ROOM - -
CITY HALL, 801 MA- N STREET
BEAUMONT. TX 77701
FILENUIVIBER: P.O. BOX 33827 77704
DATE RECEIVED: (40q) 880--,764 FAX (409) S80-3-133
APPLICATION FOR PUBLIC RIGHT-OF-WAY, ALLEY OR UTILITY EASEMENT ABA`tiDONNIE`aT
Application Ownership List
Date: 13
We, the undersigned, bein the sole:-ovvners of all the property abutting the proposed abandonment
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND ABANDONING
A 35' x 143' UNIMPROVED STREET RIGHT-OF-WAY
LOCATED ON LEON STREET NORTH OF 3755 PRESTON
STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Jesse Davis has applied for the abandonment of a 35' x 143'
unimproved street right-of-way located on Leon Street north of 3755 Preston Street, City
of Beaumont, Jefferson County, Texas, being a 35'x 143' portion of Leon Street beginning
at the east right-of-way line of Preston Street and running in an easterly direction for a
distance of 143', City of Beaumont, Jefferson County, Texas, containing 0.11 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 right-of-way is no longer necessary for municipal street purposes
and the abandonment of said unimproved street right-of-way 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 35' x 143' unimproved street right-of-way located on Leon Street north of
3755 Preston Street, City of Beaumont, Jefferson County, Texas, being a 35'x 143' portion
of Leon Street beginning at the east right-of-way line of Preston Street and running in an
easterly direction for a distance of 143', City of Beaumont, Jefferson County, Texas,
containing 0.11 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 27th day of
August, 2013.
- Mayor Becky Ames -
File 837-OB: Request for abandonment of a section of right-of-way (Leon Street)�
xtending off Preston Street.
Location: North property line of 3755 Preston Street, east of the intersection of Leo
Street and Preston Street.
0 100 200
Applicant: Jesse Davis Feet
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EXHIBIT "A"
3
August 27, 2013
Consider a resolution authorizing the City Manager to apply for and receive funds from FEMA's
Severe Repetitive Loss Grant Program
T . E '. x . A , s ' City Council Agenda Item
'TO: City Council
FROM: Kyle Hayes, City Manager
�J
PREPARED BY: Chris Boone, Community Development Director
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive up to$975,000 in funding from FEMA's Severe
Repetitive Loss Grant Program.
BACKGROUND
In the past,the City has utilized grant funding to provide relief to victims of flooding by offering to
purchase their homes. Following Hurricane Ike,twelve (12) families benefited from the buyout
program and in 2010, six(6) families benefited from FEMA's Severe Repetitive Loss (SRL)
buyout program. In this current round of SRL funding,we are applying for grant funds in order to
offer the owner of the apartment complex at 2505 Sweetgum a buyout opportunity. This property
was selected as it is identified as a priority property on the Severe Repetitive Loss list. As with
any flood buyout program, participation is strictly voluntary.
FUNDING SOURCE
Funds for the program, including application, acquisition, relocation and demolition would be
available through this grant, with no required local match by the City.
RECOMMENDATION
The Administration recommends approval.
Attachment 15
3. CFDA Number 4. Budget(Check One) BudgetPeriod(Month,Day,Year) Grant Program,Functions,
Activity
97.029 New Q Revised 1/1/2014 Ending Date: FMA
COST CLASSIFICATION a. Total Cost b. Cost Not Allowable c. Total Allowable Cost
(Column a-b)
6. Administrative expense $ 12,000 $ - $ 12,000
7. Preliminary expense(pre-award Fees-application) $ 5,000 $ - $ 5,000
8. Land,structures,right-of-way $ 692,150 $ - $ 692,150
9. Architectural engineering basic fees $ - $ $
10. Other architectural engineering fees $ - $ $
11. Project inspection fees $ $ $
12. Land development $ - $ $
13. Relocation expenses $ 206,400 $ - $ 206,400
14. Relocation payments tond busineses individuals $ - $ $
15. Demolition and removal $ 50,076 $ - $ 50,076
16. Construction and project improvement $ - $ $
17. Equipment $ - $ -
18. Miscellaneous-spoil site/Compacting $ - $ $
19. SUBTOTAL(Sum of lines 6-18) $ 965,626 $ - $ 965,626
20. Contingencies $ - $ $
21. SUBTOTAL(Line 19 minus line 20) $ 965,626 $ $ 965,626
22. Project(program)income $ $ $
23. TOTAL PROJECT(Subtract line 22 from line 21) $ 965,626 $ $ 965,626
24. Federal assistance requested,calculations as follows: Multiply allowable costs from line 23c,by the(Federal Participation 25. Federal share
Percentage Approved by FEMA). Enter resulting Federal share in Block 25.
Enter eligible costs from line 23c X 90% $ 965,626
Date
26. Signature
City of Beaumont
Severe Repetitive Loss (SRL) PROGRAM
PROJECT GRANT APPLICATION
1. Name of Applicant: City of Beaumont
Vendor identification number (federal tax number): 74-6000278
2. Address: City of Beaumont
801 Main Street
Beaumont, TX 77701
3. Demonstrate that the applicant has the legal authority to plan for and control
flooding, and has zoning and building code jurisdiction over the planning area:
The City of Beaumont has land use, building code, and permit authority
over the land within its corporate boundaries, including the authority to
regulate development proposed within the special flood hazard areas
designated on the City's Flood Insurance Rate Map.
4. Is the applicant a current (not on probation) NFIP participating community? (Yes
or No), and what is the CRS rating of the applicant?
Yes, the City of Beaumont participates in the National Flood Insurance
Program (CID 485457), and is in good standing. For the purposes of the
Flood Mitigation Assistance Program, the City of Beaumont meets the
definition of a community.
5. Point-of-Contact or Official Representative: Christopher S. Boone, Community
Development Director - cboone@ci.beaumont.tx.us
6. Phone Number: (409) 880-3100
7. Fax Number: (409) 880-3133
8. Project Narrative: Please see a-grant application and SF 20-22 for this
information.
9. Please provide the following as attachments to the application:
Attachments
• Cost Effectiveness Questionnaire—Please see a-grant application for this
form.
• Environmental Questionnaire.—Please see a-grant application for this form.
• Federal Form 424 FEMA form 20-22, FEMA form 20-20, and Federal forms_
20-16, and 20-16C, and disclosure of lobbying activities)— Please see e-
grant application for these forms,with the exception of SF 20-22, which is
attached.
• Evidence of Local Financial Participation — Please see e-grant application
for this form.
• 20-16B—Please see e-grant application for this form.
• Federal form 424D— Please see e-grant application for this form.
• Form 20-15 — Please see e-grant application for this form.
• Executive Order 12898—Please see e-grant application for this form.
11. Has applicant ever received an FMA planning grant before? No
If so, when? N/A
Amount? N/A
12. Estimated Cost: $965,626.00
13. FEMA Funding Requested (100%): $965,626.00
14. How Does Applicant Propose to Finance Non-Federal Share of Project?
Homeowner contribution.
15. Signature:
Kyle Hayes
16. Title: City Manager
17. Date:
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT-
THAT the City Manager be and he is hereby authorized to apply for and receive funding
in an amount up to $975,000 in Severe Repetitive Loss Grant (SRL) funding through the
Federal Emergency Management Agency (FEMA) to provide relief to victims of flooding
by offering to purchase their homes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
4
August 27, 2013
Consider a resolution approving a final change order and final payment to CF Jordan Construction
for the construction of the Event Centre and authorize the City Manager to execute all documents
related to the final settlement with CF Jordan Construction
HIGH IA711 if OPPORTUNII I
BEA,UMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Patrick Donart, Public Works Director
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council consider a resolution approving a final change order and
final payment to CF Jordan Construction for the construction of the Event Centre and authorize
the City Manager to execute all documents related to the final settlement with CF Jordan
Construction.
BACKGROUND
A contract in the amount of$8,126,000 was awarded to CF Jordan Construction of Houston for
the construction of the new Downtown Event Centre Complex in April 2010. Previously
approved Change Orders 1 through 12 increased the contract amount by $196,340 and provided
an additional 58 days for completion. The original scheduled completion date was May 24, 2011
which was extended until August 22, 2011. The project was not substantially complete until May
3111, 2012 or 284 days after the approved extension.
Change Order No. 13 is a credit in the amount of<$25,262.45>. A description of the change
order is attached for your review. The contract provided for liquidated damages in the amount of
$1.,000 per day for a total of$284,000.
Administration is recommending settling with CF Jordan Construction for the final amount of
$598,968.82. This matter was discussed with Council in executive session on May 14, 2013.
The final payment summary is detailed below:
Original Contract Amount $8,126,000.00
Approved Change Orders 1-12 $196,340.00
Previous Payments to Date <$7,583,908.73>
Proposed Change Orders(includes 56 days) <$25,462.45>
Liquidated Damages <$114,000.00>
Final Payment $598,968.82
CF Jordan Construction
August 27, 2013
Page 2
FUNDING SOURCE
Capital Program.
RECOMMENDATION
Approval of Resolution.
Proposed Change Order 13
Item No. Description Amount Days
Requested
CIOD046 Doors and hardware had to be changed from original $7,512.00
design to meet TDI regulations
CIOD054 Due to field adjustment in curtain wall panel reduced $7,077.00
height, cost for the addition of metal panels
CIOD064 Architect specified hardwired faucets in outdoor $1,210.00
restrooms should have been air powered
C10D048 Technology services needed additional power source in $2,642.00
data room
CIOD065 Metal Address Numbers installed on exterior of building $815.00
CIOD062 During construction, egress doors height changed to meet $340.00
TDI, exit lights specified were too large, had to reorder
CIOD037 Window frames on south side had to be demolished and $410.00
reinstalled to match brick alignment
Directive-91 Delete Irrigation Well <$135,410>
CIOD007 Structural Steel changes to beam size for canopy. $21,936.00 19
Materials were changed from original specifications
CIOD024 Additional framing material required to meet engineered $21423.75 11
shop drawings
CIOD027 Design changes in structural beams for cantelevered $13,048.00 17
canopy resulted in addition of moment welds
CIOD030 Modification to window wall to control movement $14,516.00 9
CIOD036 & Irrigation system redesigned resulting in delay to $30,426.80
CIOD044 landscape contractor. Provided additional services to
maintain live oak trees and grounds during this period.
CIO13061 Modified toilet partitions to reduce swaying $1,591.00
Lake Overflow Modification <$15,000>
Total 1 <$25,462.45> 56
RESOLUTION NO.
WHEREAS, on April 20, 2010, the City Council of the City of Beaumont, Texas,
passed Resolution No. 10-100 awarding a contract in the amount of $8,126,000 to C. F.
Jordan Construction, L.L.C., of Houston, Texas, for Alternates 1, 2, 3, 4, 5, 6 and 8 for the
construction of the Event Centre, Lake and Lawn in downtown Beaumont; and,
WHEREAS, on December 14, 2010, the City Council of the City of Beaumont,
Texas passed Resolution No. 10-326 approving Change Order No. 1 in the amount of
$60,101 that included costs associated with the unforseen casing and concrete work,
additional excavation and rough grading beyond the original scope of work, substitution of
aluminum composite exterior building panels, thereby increasing the contract amount to
$8,186,101 and extending the completion time by twenty-eight (28) days; and,
WHEREAS, on May 3, 2011, the City Council of the City of Beaumont, Texas
passed Resolution No. 11-138 approving Change Order No. 2 in the amount of $56,647
for additional costs incurred by the contractor, C.F. Jordan Construction, L.L.C., for the
excavation and removal of fill material, thereby increasing the contract amount to
$8,242,748; and,
WHEREAS, on June 20, 2011, Change Order No. 3 in the amount of$2,031.00 was
executed to extend piping and locate isolation valves for accessibility, thereby increasing
the contract amount to $8,244,779 ; and,
WHEREAS, on August 17, 2011, Change Order No. 4 in the amount of($7,850.00)
was executed for the use of alternate materials, thereby decreasing the contract amount
to $8,236,929; and,
WHEREAS, on December 20, 2011, the City Council of the City of Beaumont,
Texas passed Resolution No. 11-357 approving Change Order No. 5 in the amount of
$13,009 for additional framing material and electrical outlets, thereby increasing the
contract amount to $8,249,938; and,
WHEREAS, on February 7, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-023 approving Change Order No. 6 in the amount of $14,421
for the addition of a mechanical fastening system to granite pieces which are partially
submerged at the water's edge, the addition of bird screens in all four overflow spouts, and
the replacement of one overflow 8" nozzle with a 10" nozzle, thereby increasing the
contract amount to $8,264,359; and,
WHEREAS, on February 24, 2012, Change Order No. 7 in the amount of $1,164
was executed for additional data drops and concrete curbs,thereby increasing the contract
amount to $8,265,523; and,
WHEREAS, Change Order No. 8, provided additional time for landscaping and did
not affect the total contract amount; and,
WHEREAS, on March 20, 2012, the City Council of the City of Beaumont, Texas,
passed Resolution No. 12-051 approving Change Order No. 9 in the amount of $44,863
for costs associated with the installation of an electrical panel on the mechanical building
located on the north side of the Event Centre, thereby increasing the contract amount to
$8,310,386; and,
WHEREAS, on April 24, 2012, Change Order No. 10 in the amount of$6,096 was
executed for the modification of the canopy to allow sprinkler pipe to be installed, the
installation of steel hangers for the large speaker, additional phone lines to the data
cabinet, and an additional electrical outlet, thereby increasing the contract amount to
$8,316,482; and,
WHEREAS, on June 18, 2012, Change Order No. 11 in the amount of$3,349 was
executed for the replacement of two (2) sinks in the catering area with deeper sinks and
different faucets than were originally specified, thereby increasing the contract amount to
$8,319,831, and,
WHEREAS, on June 18, 2012, Change Order No.12 in the amount of$2,509 was
executed for additional hardware for resin panels in the hall and vestibule area, thereby
increasing the contract amount to $8,322,340; and,
WHEREAS, Change Order No, 13 in the amount of ($25,462.45) is required for
deleting the installation of a water well in the lake in exchange for various other items
involved in the construction project as described in Exhibit "A," attached hereto; and,
WHEREAS, all disputed claims have been resolved and the project has been
inspected and completed and 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 City Manager be and he is hereby authorized to execute Change Order
No. 13 for work described above and in Exhibit "A," attached hereto; and,
BE IT FURTHER RESOLVED THAT the Downtown Event Centre Project be and
the same is hereby accepted; and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make a
final settlement payment in the amount of$598,968.82 to C.F. Jordan Construction, L.L.C.;
and,
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to execute
all documents necessary to settlement of the claims of C.F. Jordan Construction, L.L.C.
pertaining to the Event Centre Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of
August, 2013.
- Mayor Becky Ames -
Proposed Change Order 13
Item No. Description Amount Days
Requested
CIOD046 Doors and hardware had to be changed from original $7,512.00
design to meet TDI regulations
CIOD054 Due to field adjustment in curtain wall panel reduced $7,077.00
height, cost for the addition of metal panels
CIOD064 Architect specified hardwired faucets in outdoor $1,210.00
restrooms should have been air powered
CIOD048 Technology services needed additional power source in $2,642.00
data room
CIOD065 Metal Address Numbers installed on exterior of $815.00
building
CIOD062 During construction, egress doors height changed to $340.00
meet TDI, exit lights specified were too large, had to
reorder
CIOD037 Window frames on south side had to be demolished and $410.00
reinstalled to match brick alignment
Directive #1 Delete Irrigation Well <$135,410>
CIOD007 Structural Steel changes to beam size for canopy. $21,936.00 19
Materials were changed from original specifications
CIOD024 Additional framing material required to meet $23,423.75 11
engineered shop drawings
CIOD027 Design changes in structural beams for cantelevered $11048.00 17
canopy resulted in addition of moment welds
CIOD030 Modification to window wall to control movement $14,516.00 9
CIOD036 & Irrigation system redesigned resulting in delay to $30.426.80
CIOD044 landscape contractor. Provided additional services to
maintain live oak trees and grounds during this period.
CIOD061 Modified toilet partitions to reduce swaying $1,591.00
Lake Overflow Modification <$15,000>
Total <$25,462.45> 56
EXHIBIT "A"
WORK SESSION
Review and discuss the proposed FY 2014
Budget and the proposed 2014 Capital Program
PUBLIC HEARING
* Receive comments on the proposed FY 2014
Budget and the proposed 2014 Capital Program
r ri
,[I 1�1(I I'
T- E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer I i
MEETING DATE: August 27, 2013
REQUESTED ACTION: Council to hold a joint public hearing on the proposed
FY 2014 Budget and the proposed 2014 Capital Program.
BACKGROUND
The proposed FY 2014 Budget was submitted to Council on August 13, 2013. The proposed
2014 Capital Program was originally submitted on May 10, 2013. On August 13, 2013, the
proposed 2014 Capital Program was submitted with revisions.
The notice of the public hearing on the Budget and Capital Program was published August 20,
2013.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
To hold the joint public hearing.
PUBLIC EARING
Receive comments on the 2013 (FY 2014)
Proposed Tax Rate
r
C �
T - E X - A S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
,
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: August 27. 2013)
REQUESTED ACTION: Council to hold a public hearing on the 2013 (FY 2014)
Proposed Tax Rate.
BACKGROUND
CI-iapter 26 of the Property Tax Code requires taxing units to comply with truth-in-taxation laws
in adopting their tax rate. Two public hearings are required if the proposed tax rate exceeds the
lower- of the effective tax rate or the roll back tax rate. A Notice of Public Hearing on Tax
Increase is required to be published in the newspaper, on the city website, and on a television
channel. 11'available. The notice was published in the newspaper, on the website and on the
cahlc channel 4 on August 20, 2013.
FINDING SOURCE
Not applicable.
RECOMiMENDATION
To hold the public hearing.