HomeMy WebLinkAboutPACKET JUN 15 2010 (02)RICH WITH OPPORTUNITY
IIEA,UMON*
T- E- X- A- S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 15, 2010 1:30 P.M.
Xs)J� 1 aia WTe4 D1aJ7
Approval of minutes - June 8, 2010
Confirmation of committee appointments
A) Authorize the purchase of a fifteen foot Utility Easement from the Beaumont Independent
School District
B) Authorize the execution of a License to Encroach Agreement with Entergy for the
installation of a power line into a City of Beaumont water line easement
C) Approve a resolution approving Change Order No. 1 and final payment for the Magnolia
Avenue Drainage and Pavement Improvement Project
D) Authorize the settlement of the City of Beaumont's property damage claim in the lawsuit
styled Jay Brocato and wife, Valerie Brocato, Individually and as Next Friends of Macy
Brocato, a Minor v. The City of Beaumont, Texas
E) Approve a contract for emergency catering services in the event of a natural disaster or
all -hazards disaster
F) Approve a six month contract for liquid chlorine for use by the Water Utilities
Department
0
RICH WITH OPPORTUNITY
BEA,UM:ON*
T - E - X - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works
June 15, 2010
REQUESTED ACTION: Council consider authorizing the purchase of a fifteen foot
Utility Easement.
RECOMMENDATION
The Administration recommends the purchase of a fifteen (15) foot Utility Easement from the
Beaumont Independent School District in the amount of $14,100.00.
BACKGROUND
Beaumont Independent School District has agreed to sell a fifteen (15) foot Utility Easement to
the City of Beaumont for the appraised value of the property plus the cost of the appraisal
($14,100.00). The easement is approximately 1,190 feet in length and is located on St. Helena
Street. The easement, as part of the East Lucas Lift Station & Force Main and Interceptor
Rehabilitation Project, is for the placement of a sanitary sewer force main for a portion of the line
from the intersection of Cleveland and Tyler (the proposed East Lucas Lift Station) to south of
Interstate 10. No additional easements or property will need to be acquired for the project.
This Utility Easement is recommended for approval by the City Manager, Director of Public
Works and the Water Utilities Director.
BUDGETARYIMPACT
Funds for the project are available in the Capital Program.
\engsthelena h2o-ib
7 June 2010
RESOLUTION NO.
WHEREAS, an agreement has been negotiated with Beaumont Independent School
District in the amount of $14,100.00 for the acquisition of a fifteen foot (15') utility
easement, being situated in the James Drake Survey, Abstract 71, Jefferson County,
Texas, as described in Exhibits "A," "C," "E," and "G," and shown on Exhibits "B," "D," "F,"
and "H," attached hereto, for placement of a sanitary sewer force main for a portion of the
;.
line from the intersection of Cleveland and Tyler to south of Interstate 10 as part of the
East Lucas Lift Station & Force Main and Interceptor Rehabilitation Project;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase of the fifteen foot (15') utility easement, as described in Exhibits 'A"
"C," "E," and "G," and shown on Exhibits "B," "D," "F," and "H," attached hereto, in the
amount of $14,100.00 for the East Lucas Lift Station & Force Main and Interceptor
Rehabilitation Project be and it is hereby approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
FIELD NOTE DESCRIPTION
FOR A 15 FOOT UTILITY EASEMENT
15 FOOT UTILITY EASEMENT
0.1296 ACRES
OUT OF A 1.865 ACRE TRACT
BEAUMONT INDEPENDENT SCHOOL DISTRICT
JAMES DRAKE SURVEY, AB. 71
JEFFERSON COUNTY, TEXAS
BEAUMONT, TEXAS
BEING A 15 FOOT UTILITY EASEMENT CONTAINING 0.1296 ACRES OF LAND, OUT OF
THAT CERTAIN CALLED 1.865 ACRE TRACT OF LAND, CALLED TRACT TWO, TO THE
BEAUMONT INDEPENDENT SCHOOL DISTRICT, IN DEED RECORDED IN COUNTY CLERKS
FILE OF JEFFERSON COUNTY, TEXAS (C.C.F.J.C.T.) #2005025845, BEING LOCATED IN THE
JAMES DRAKE SURVEY, ABSTRACT 71, JEFFERSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLED 1.865 TRACT, BEING THE
NORTHWEST CORNER OF THAT CERTAIN CALLED 0.9786 ACRE TRACT OF LAND TO B.LS.D.,
CALLED TRACT ONE, RECORDED IN SAID C.C.F.J.C.T. #2005025845, ALSO BEING IN THE
EAST RIGHT-OF-WAY LINE OF ST. HELENA STREET, AND BEING THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH, ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF SAID ST. HELANA
STREET, THE WEST LINE OF SAID CALLED 1. 865 ACRE B.I.S.D. TRACT AND THE WEST LINE
OF THE HEREIN DESCRIBED TRACT FOR A DISTANCE OF 380.23 FEET TO THE SOUTH LINE
OF A SANTA FE RAILROAD RIGHT-OF-WAY, BEING THE NORTHWEST CORNER OF SAID
CALLED 1.865 ACRE TRACT AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, EAST, ALONG AND WITH THE SOUTH LINE OF SAID SANTA FE RAILROAD RIGHT-
OF-WAY, THE NORTH LINE OF SAID CALLED 1.865 ACRE TRACT AND THE NORTH LINE OF
THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.00 FEET TO THE NORTHEAST CORNER
OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH OVER AND ACROSS SAID CALLED 1.865 ACRE TRACT AND WITH THE
EAST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 372.25 FEET TO THE NORTH
LINE OF SAID CALLED 0.9786 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE, SOUTH 62 DEG. 00 MIN. 00 SEC. WEST, ALONG AND WITH THE NORTH LINE OF
SAID CALLED 0.9786 ACRE TRACT, THE SOUTH LINE OF SAID CALLED 1.865 ACRE TRACT
AND THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 16.99 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.1296 ACRES MORE OR LESS. �.
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EXHIBIT "A"
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FIELD NOTE DESCRIPTION
FOR A 15 FOOT UTILITY EASEMENT
15 FOOT UTILITY EASEMENT
0.0267 ACRES
OUT OF A 0.9786 ACRE TRACT
BEAUMONT INDEPENDENT SCHOOL DISTRICT
JAMES DRAKE SURVEY, All. 71
JEFFERSON COUNTY, TEXAS
BEAUMONT, TEXAS
BEING A 15 FOOT UTILITY EASEMENT CONTAINING 0.0267 ACRES OF LAND, OUT OF
THAT CERTAIN CALLED 0.9786 ACRE TRACT OF LAND, CALLED TRACT ONE, TO THE
BEAUMONT INDEPENDENT SCHOOL DISTRICT, IN DEED RECORDED IN COUNTY CLERKS
FILE OF JEFFERSON COUNTY, TEXAS (C.C.F.J.C.T.) #2005025845, BEING LOCATED IN THE
JAMES DRAKE SURVEY, ABSTRACT 71, JEFFERSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLED 0.9786 TRACT, BEING THE
NORTHWEST CORNER OF THAT CERTAIN CALLED 0.687 ACRE TRACT OF LAND TO B.I.S.D.
RECORDED IN VOLUME 1859, PAGE 245 OF THE DEED RECORDS OF JEFFERSON COUNTY,
TEXAS (D.R.J.C.T.), ALSO BEING IN THE EAST RIGHT-OF-WAY LINE OF ST. HELENA STREET,
AND BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH, ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF SAID ST. HELANA
STREET, THE WEST LINE OF SAID CALLED 09786 ACRE B.I.S.D. TRACT AND THE WEST LINE
OF THE HEREIN DESCRIBED TRACT FOR A DISTANCE OF 76.42 FEET TO THE SOUTHWEST
CORNER OF THAT CERTAIN CALLED 1.865 ACRE TRACT OF LAND, CALLED TRACT TWO, TO
B.I.S.D. RECORDED IN C.C.F.J.C.T. #2005025845, BEING THE NORTHWEST CORNER OF SAID
CALLED 0.9786 ACRE TRACT AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, NORTH 62 DEG. 00 MIN. 00 SEC. EAST, ALONG AND WITH THE SOUTH LINE OF
SAID CALLED 1.865 ACRE TRACT, THE NORTH LINE OF SAID CALLED 0.9786 ACRE TRACT
AND THE NORTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 16.99 FEET TO
THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH OVER AND ACROSS SAID CALLED 0.9786 ACRE TRACT AND WITH THE
EAST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 78.89 FEET TO THE NORTH
LINE OF SAID CALLED 0.687 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE, SOUTH 69 DEG. 50 MIN. 07 SEC. WEST, ALONG AND WITH THE NORTH LINE OF
SAID CALLED 0.687 ACRE TRACT, THE SOUTH LINE OF SAID CALLED 0.9786 ACRE TRACT
AND THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.98 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.0267 ACRES MORE OR LESS.
8865 COLLEGE
SUITE 200
JFW BEAUMONT TDM
M Doing= 77707
PHONE (409) 860-7168
FAX (409) 860-7169
E-MAIL ImOnedu sengkmrs.com
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FIELD NOTE DESCRIPTION
FOR A 15 FOOT UTILITY EASEMENT
15 FOOT UTILITY EASEMENT
0.1789 ACRES
OUT OF A 15.174 ACRE TRACT
BEAUMONT INDEPENDENT SCHOOL DISTRICT
JAMES DRAKE SURVEY, AB. 71
JEFFERSON COUNTY, TEXAS
BEAUMONT, TEXAS
BEING A 15 FOOT UTILITY EASEMENT CONTAINING 0.1789 ACRES OF LAND, OUT OF
THAT CERTAIN CALLED 15.174 ACRE TRACT OF LAND TO THE BEAUMONT INDEPENDENT
SCHOOL DISTRICT, IN DEED RECORDED IN VOLUME 1862, PAGE 81 OF THE DEED RECORDS
OF JEFFERSON COUNTY, TEXAS (D.R.J.C.T.), BEING LOCATED IN THE JAMES DRAKE
SURVEY, ABSTRACT 71, JEFFERSON COUNTY, TEXAS AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST INTERSECTION OF CALDWELL AVENUE AND ST.
HELANA STREET, BEING THE SOUTHWEST CORNER OF SAID CALLED 15.174 ACRE B.LS.D.
TRACT AND BEING THE SOUTHWEST CORNER AND THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED TRACT;
THENCE, NORTH, ALONG AND WITH THE EAST RIGHT-OF-WAY LINE OF SAID ST. HELANA
STREET, THE WEST LINE OF SAID CALLED 15.174 ACRE B.I.S.D. TRACT AND THE WEST LINE
OF THE HEREIN DESCRIBED TRACT FOR A DISTANCE OF 519.70 FEET TO THE SOUTHWEST
CORNER OF THAT CERTAIN CALLED 0.687 ACRE TRACT OF LAND TO B.LS.D. RECORDED IN
VOLUME 1859, PAGE 245 OF THE DEED D.RJ.C.T., BEING THE NORTHWEST CORNER OF SAID
CALLED 15.174 ACRE TRACT AND THE NORTHWEST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, NORTH 89 DEG. 56 MIN 36 SEC. EAST, ALONG AND WITH THE SOUTH LINE OF
SAID CALLED 0.687 ACRE TRACT, THE NORTH LINE OF SAID CALLED 15.174 ACRE TRACT
AND THE NORTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.00 FEET TO
THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH OVER AND ACROSS SAID CALLED 15.I74 ACRE TRACT AND THE EAST
LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 519.70 FEET TO THE NORTH
RIGHT-OF-WAY LINE OF SAID CALDWELL AVENUE, THE SOUTH LINE OF SAID CALLED
15.174 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED
TRACT;
THENCE, SOUTH 89 DEG. 56 MIN. 00 SEC. WEST, ALONG AND -WITH THE NORTH RIGHT-OF-
WAY LINE OF SAID CALDWELL AVENUE, THE SOUTH LINE OF SAID CALLED 15.174 ACRE
TRACT AND THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.00
FEET TO THE POINT OF BEGINNING, CONTAINING 0.1789 ACRES MORE OR LESS.
JACK EDWIN WEAUT
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8865 COUEGE
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PHONE (409) 86D-7168
SUITE 200
FAX (409) 860-7169
SEAUMONTTD(AS
EMAIL jm@neches"neers.com
77707
EXHIBIT "E"
V i I B.I. S.D.
3.266 ACRE TRACT
VOL. 1859, PG. 245 VOL. 1903, PG. 293
D. R. OF J. C., TX. D.R. OF T.C., TX.
1 89.56" 36" E f29.97'
N 89'56'36" E 799.31'
N 89056'36"E 15.00'
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EASMENT
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15.174 ACRE TRACT
VOL. 1862, PG. 81
D. R. OF J. C., T.
0 30 60 120
S 89056'00" W 15.00'
S 89°56'00" W 1579.7'129.97'
PLAT OF CALDWELL AVENUE
(60' R.O.W.)
15' UTILITY EASEMENT
ACROSS
15.174 ACRE TRACT
IN THE
JAMES DRAKE SURVEY, ABSTRACT No. 71
JEFFERSON COUNTY, TEXAS
FEBRUARY 2010
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EXHIBIT "F"
FIELD NOTE DESCRIPTION
FOR A 15 FOOT UTILITY EASEMENT
15 FOOT UTILITY EASEMENT
0.0747 ACRES
OUT OF A 0.687 ACRE TRACT
BEAUMONT INDEPENDENT SCHOOL DISTRICT
JAMES DRAKE SURVEY, All. 71
JEFFERSON COUNTY, TEXAS
BEAUMONT, TEXAS
BEING A 15 FOOT UTILITY EASEMENT CONTAINING 0.0747 ACRES OF LAND, OUT OF
THAT CERTAIN CALLED 0.687 ACRE TRACT OF LAND TO THE BEAUMONT INDEPENDENT
SCHOOL DISTRICT, IN DEED RECORDED IN VOLUME 1859, PAGE 245 OF THE DEED
RECORDS OF JEFFERSON COUNTY, TEXAS (DY-J.C.T.), BEING LOCATED IN THE JAMES
DRAKE SURVEY, ABSTRACT 71, JEFFERSON COUNTY, TEXAS AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID CALLED 0.687 TRACT, BEING THE
NORTHWEST CORNER OF THAT CERTAIN CALLED 15.174 ACRE TRACT OF LAND TO B.I.S.D.
RECORDED 1N VOLUME 1862, PAGE 81 OF THE SAID D.R.J.C.T. AND ALSO BEING IN THE
EAST RIGHT-OF-WAY LINE OF ST. HELENA STREET, AND BEING THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH, ALONG AND WITH THE EAST RIGHT -OF -WAX LINE OF SAID ST. HELANA
STREET, THE WEST LINE OF SAID CALLED 0.687 ACRE B.I.S.D. TRACT AND THE WEST LINE
OF THE HEREIN DESCRIBED TRACT FOR A DISTANCE OF 21425 FEET TO THE SOUTHWEST
CORNER OF THAT CERTAIN CALLED 0.9786 ACRE TRACT OF LAND TO B.I.S.D. RECORDED
IN COUNTY CLERKS FILE OF JEFFERSON COUNTY, TEXAS (C.C.F-T.C.T.) #2005025845, BEING
IN THE WEST RIGHT-OF-WAY LINE OF SAID ST. HELENA STREET, BEING THE NORTHWEST
CORNER OF SAID CALLED 0.687 ACRE TRACT AND THE NORTHWEST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE, NORTH 69 DEG. 51 MIN. 50 SEC. EAST, ALONG AND WITH THE SOUTH LINE OF
SAID CALLED 0.9786 ACRE TRACT, THE NORTH LINE OF SAID CALLED 0.687 ACRE TRACT
AND THE NORTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.98 FEET TO
THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, SOUTH OVER AND ACROSS SAID CALLED 0.687 ACRE TRACT AND WITH THE
EAST LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 219.77 FEET TO THE NORTH
LINE OF SAID CALLED 15.174 ACRE TRACT AND BEING THE SOUTHEAST CORNER OF THE
HEREIN DESCRIBED TRACT;
THENCE, SOUTH 89 DEG. 56 MIN. 36 SEC. WEST, ALONG AND WITH THE NORTH LINE OF
SAID CALLED 15.174 ACRE TRACT, THE SOUTH LINE OF SAID CALLED 0.687 ACRE TRACT
AND THE SOUTH LINE OF THE HEREIN DESCRIBED TRACT A DISTANCE OF 15.00 FEET TO
THE POINT OF BEGINNING, CONTAINING 0.0747 ACRES MORE OR LESS.
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0.9786 ACRE TRACT
TRACT ONE
C.C.F. # 2005025845
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VOL. 1859, PC. 245
D. R. OF J C., TX.
15.174 ACRE TRACT
VOL. 1862, PC. 81 D
D. R. OF J. C., T.
15 30 60
of
PLAT OF
15' UTILITY EASEMENT
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S 89"56'36" W
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P. a. B.
15.00'
S 89°56'36" W 129.97'
B.I.S.D.
15.174 ACRE TRACT
VOL. 1862, PC. 81 D
D. R. OF J. C., T.
15 30 60
PLAT OF
15' UTILITY EASEMENT
ACROSS
CF
0.0687 ACRE TRACT
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JAMES DRAKE SURVEY, ABSTRACT No. 71
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EXHIBIT "H„
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RICH WITH OPPORTUNITY
BEAUMON*
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Tom Warner, Director of Public Works
June 15, 2010
Council consider a resolution authorizing the execution of a
License to Encroach Agreement with Entergy at 1270 West
Cardinal Drive.
RECOMMENDATION
Administration recommends authorization to execute a License to Encroach Agreement with
Entergy for the installation of a power line into a City of Beaumont water line easement located
at 1270 West Cardinal Drive.
BACKGROUND
Entergy proposes to install a power line one (1) foot into the City of Beaumont's ten (10) foot
water line easement located at 1270 West Cardinal Drive. The power line will serve the new
Islamic Center at Cardinal and Avenue A. The License Agreement protects the City from
liability and provides a thirty (30) day cancellation clause.
BUDGETARYIMPACT
There is a one time fee of $500 for the License to Encroach.
\engentergy-ib
8 June 2010
COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES
FOR
LICENSE TO ENCROACH APPLICATION
PROPERTY DESCRIPTION: A power line, one foot (1') into the City's ten foot (10')
waterline easement for a distance of two hundred fifty feet
(250') on the southwest property line of Lots 102 and 103 of
the Gladys City Oil, Gas Manufacturing Co. Addition (1270
W. Cardinal Drive).
APPLICANT: ENTERGY
DATE OF DISTRIBUTION: May 19, 2010 DUE: May 31, 2010
1) Joris P. Colbert, City Engineer Date Received: 5-24-2010
Acceptance and Approval.
2) Luke Stevens, Streets & Drainage Superintendent Date Received: N/A
3) Jack Maddox, Fire Marshall Date Received: N/A
4) Hani Tohme, Water Utilities Date Received: 5-25-2010
Acceptance and Approval. The City has an existing water main within the vicinity of this property.
According to the water map, we have a six (6) inch water main located within the ten (10) foot
exclusive water line easement.
5) Stephen Richardson, Planning Manager Date Received: N/A
6) Mark Horelica, Transportation Manager
7) Patrick Sam, CenterPoint Energy Entex
8) Jeffrey Richard, Entergy [Applicant]
9) Cliff Moore, AT&T
10) Richard Le Blanc, D.D.#6
11) Tyrone Cooper, Legal Department
Acceptance and Approval.
comments summary-entergy
Date Received: N/A
Date Received: N/A
Date Received: N/A
Date Received: N/A
Date Received: N/A
Date Received: 6-7-2010
1270 u/. Gar�liaa/ tP,.
• to � w.��r �� .._..J
Dr.
Application for License to Eneroseh
City of Beaumont, Texas
1. NAME OF APPLICANT: ew',rRG Y TGi:AS
ADDRESS: 6o /{l.!/ 04 Geaamor, 7� PHONE: Vaq -71x5%;z Abd
2. AUTHORITY OF APPLICANT: got A9 cy �
3. NAME OF OWNER:
ADDRESS: 4s 70 44 PHONE:
LEGAL DESCRIPTION OF OWNER'S PROPERTY (Lots, Blocks, Subdivision)
TO BE SERVED BY EASEMENT OR RIGHT-OF-WAY:
X N..tSo, 3 AGrz trn./- .f ta„e/ ealto¢ '2"w P4r�.�'
of f4* e-Arars 6;4 o.'i. G45 G.. 4f /?Ccer�k�1 /ti P,4aT
$yydwni�.. feae.•c+s //ei /, P.6SS T.N,,f.n 7-A
4. DESCRIPTION OF EASEMENT OR RIGHT-OF-WAY INVOLVED:
/V 0 wh&, E'asewe✓, l 41n> Siuf we,04 q."/49e6 �i•� c.
5. PRESENT USE OF EASEMENT OR RIGHT-OF-WAY (List Utilities if Present):
6. USE OF EASEMENT OR RIGHT-OF-WAY DESIRED BY OWNER:
,Coe ,,h w,'i l P l✓er /,•,,o, DNI Fief • r 1°ro/ry 4/ /,,, ,
7. ATTACH A MAP OR PLAT DELINEATING THE EASEMENT OR PUBLIC RIGHT-
OF-WAY (Dimensioned and to Engineering Scale). PLEASE INCLUDE ALL
PERTINENT INFORMATION ON THE MAP:
i. Distances from edge of pavement or back of curb
ii. Street names and nearest cross streets
iii. Side of the street [east, west, north, south]
8. COST TO BE PAID FOR LICENSE TO ENCROACH AT TIME APPLICATION S
SUBMITTED — $500 SAID COST BEING NON-REFUNDABLE.
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS TRUE AND
CORRECT.
SIGNATURE
7 /►.
RESOLUTION NO.
WHEREAS, Entergy Texas has requested that the City of Beaumont grant a
License to Encroach for installation of a power line one foot (1') into a ten foot (10') water
line easement for a distance of two hundred fifty feet (250') on the southwest property line
of Lots 102 and 103 of the Gladys City Oil, Gas Manufacturing Co. Addition (1270 W.
Cardinal Drive), as shown on Exhibit "A" attached hereto and made a part hereof for all
purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating
the effect of such encroachments upon the City right-of-way and utilities serving the same;
and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
NOW, THEREFORE, BE 7T RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a License to Encroach
for installation of a power line one foot (1') into a ten foot (10') water line easement for a
distance of two hundred fifty feet (250') on the southwest property line of Lots 102 and 103
of the Gladys City Oil, Gas Manufacturing Co. Addition (1270 W. Cardinal Drive), as shown
on Exhibit "A" attached hereto and made a part hereof for all purposes, to Entergy Texas
for a one-time fee of Five Hundred Dollars ($500.00).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
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RICH WITH OPPORTUNITY
BEAUMDN*
T• E• R• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE:
June 15, 2010
REQUESTED ACTION: Council consider a resolution accepting the Magnolia
Avenue Drainage and Pavement Improvement Project (Gill
Street).
RECOMMENDATION
The Administration recommends acceptance of the Magnolia Avenue Drainage and Pavement
Improvement Project (Gill Street), approval of Change Order No. 1 in the amount of
($58,112.06) and final payment in the amount of $87,247.53 to Excavators and Constructors,
Ltd.
BACKGROUND
On June 16, 2009, City Council awarded Excavators and Constructors, Ltd. the contract for the
Magnolia Avenue Drainage and Pavement Improvement Project (Gill Street) for an amount of
$1•;803,062.60.
This project has been inspected and completed in accordance with the Terms and Conditions set
out in the contract documents. Change Order No. 1 in the amount of ($58,112.06) is required to
adjust the quantities actually used during the performance of the project, decreasing the contract
amount to $1,744,950.54.
The MBE goal was met by subcontracting with the MBE firms of American Remediation, Speciality
Sales Co. and Highway Pavement Specialties, Inc. in the amount of $369,855.69 representing 21.2%
of the final contract amount.
BUDGETARYIMPACT
Funds are available through the Capital Program.
-we u,t cu1rJ 1C1: of 4UJ /tM4lJ:d PUBLIC_WORKS_NO_2 PAGE 02/02
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PROJECT:
OWNER:
CONTRACTOR:
CHANGE ORDER NO.!
CITY OF BEAUMONT
June 3, 2010
Magnolia Avenue Drainage And Pavement Improvement (Gill St.)
City of Beaumont
EXCAVATORS & CONSTRUCTORS, LTD.
I & FINAL
Adjusting the estimated quantities to match final quantities used during the performance of the project.
ORIGINAL CONTRACT AMOUNT:
$1,803,062.60
NET FROM PREVIOUS CHANGE ORDER-
$1,803,062.60
TOTAL AMOUNT OF THIS CHANGE ORDER:
($58,112.06)
PERCENT OF THIS CHANGE ORDER:
(3.22%)
CHANGE ORDER TO DATE:
(3.22%)
WALPERCENT
CONTRACT AMOUNT:
$1,744,950.54
BY:
APPROVED BY:
JORIS P. COLBERT, CITY ENGINEER
TOM WARNER, DIRECTOR OF PUBLIC WORKS
KYLE HAYES, CITY MANAGER
ATTESTED BY:
IWA BROUSSARD, CITY CLERK
RESOLUTION NO.
WHEREAS, on June 16, 2009, the City Council of the City of Beaumont, Texas,
passed Resolution No. 09-178 awarding a contract in the amount of $1,803,062.60 to
Excavators and Constructors, Ltd., for the Magnolia Avenue Drainage and Pavement
Improvement Project (Gill Street);
WHEREAS, Change Order No.1 in the amount of ($58,112.06) is required to adjust
the quantities actually used during the performance of the project, thereby decreasing the
contract amount to $1,744,950.54; and
WHEREAS, the project has been inspected and completed in accordance with the
terms and conditions of the contract and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 1
in the amount of ($58,112.06), thereby decreasing the contract amount to $1,744,950.54.
BE IT FURTHER RESOLVED THAT the Magnolia Avenue Drainage and Pavement
Improvement Project (Gill Street) be and the same is hereby accepted.
BE IT ALSO RESOLVED THAT the City Manager is hereby authorized to make final
payment in the amount of $87,247.53 to Excavators and Constructors, Ltd.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
rol
RICH WITH OPPORTUNITY
BEAUM,ON*
T• E• 8• A• S
TO:
City Council Agenda Item
City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: June 15, 2010
REQUESTED ACTION: Consider a resolution authorizing the settlement of the City
of Beaumont's property damage claim in the lawsuit styled
Jay Brocato and wife, Valerie Brocato, Individually and as
Next Friends of Macy Brocato. a Minor v. The City of
Beaumont, Texas
RECOMMENDATION
Administration recommends approval of a resolution authorizing the settlement of the City of
Beaumont's property damage claim in the lawsuit styled Jay Brocato and wife Valerie Brocato,
Individually and as Next Friends of Macy Brocato, a Minor v. The City of Beaumont, Texas in
the amount of $14,542.07.
1-:7IO "It" 11111001)
Allstate Insurance Company has agreed to pay the City's property damage. Ms. Brocato has
brought a claim against the City for her personal injury. The proposed settlement will not resolve
Ms. Brocato's claim.
This matter was most recently presented and discussed in Executive Session held on June 8,
2010. The City Attorney is requesting authority to settle the property damage claim only for the
$14,542.07 amount.
BUDGETARYIMPACT
The funds will be deposited into the Fleet Miscellaneous Revenue Account.
RESOLUTION NO.
WHEREAS, the City of Beaumont's property damage claim, made a part of the
lawsuit styled Jay Brocato and wife Valerie Brocato Individually and as Next Friends of
Macy Brocato a Minor v. The City of Beaumont, Texas, was discussed in Executive
Session properly called and held Tuesday, June 8, 2010; and,
WHEREAS, the Council desires to authorize the settlement of the City of
Beaumont's property damage claim only in the lawsuit styled Jay Brocato and wife Valerie
Brocato Individually and as Next Friends of Macy Brocato, a Minor v. The City of
Beaumont, Texas;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the City of Beaumont's
property damage claim, made a part of the lawsuit styled Jay Brocato and wife Valerie
Brocato Individually and as Next Friends of Macy Brocato, a Minor v. The City of
Beaumont, Texas, by accepting the sum of Fourteen Thousand Five Hundred Forty -Two
and 07/100 Dollars ($14,542.07).
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
E
RICH WITH OPPORTUNITY
BEA,UMON*
T• E• X• A• 3
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer P'/
June 15, 2010
Council consider approval of a contract for emergency
catering services.
RECOMMENDATION
The Administration recommends the award of a contract to High Sendero, Inc., of Beaumont and
Arkel Besh of Baton Rouge, Louisiana to provide emergency catering services.
1. 1 Xei:T1I1KE
The City of Beaumont's Emergency Preparedness Plan identified the need for catering services in
the event of a natural disaster or all -hazards disaster. Emergency catering services were requested
for essential employees that provide services during the evacuation process. The contract will
provide three meals a day, which will include breakfast, lunch and dinner. There is an option for
an additional serving time for those working the late evening shift. The vendor will provide all
labor, equipment, food, condiments, disposable dinnerware and beverage supplies. Vendors
were requested to provide pricing per meal and provide menus for each meal to be served during
the emergency event.
Bids were solicited from eighteen (18) vendors and three (3) responses were received.
International Management Assistance Corporation (IMAC) of Cleveland, OH did not meet
specifications and was disqualified from evaluation.
A panel of various City employees who serve on the Logistics Team during a hurricane or an all -
hazards event met and evaluated the vendors utilizing the scoring method provided in the
Request for Proposal. It was determined that the award of this contract should be split into two
awards.
In the event an evacuation is required prior to a hurricane, the contract for meals will be issued to
High Sendero, Inc. This contract will commence approximately seventy-two (72) hours prior to
the hurricane's expected land fall and end approximately twenty-four (24) hours prior to an
expected landfall.
Page 2
June 15, 2010
Emergency Catering Services
The contract for meals served for other emergency events or within twenty-four (24) hours after
the storm has passed and is downgraded to a tropical storm will be issued to Arkel Besh. Copies
of pricing per meal and evaluation sheets of vendors are attached.
BUDGETARYIMPACT
The budgetary impact of this contract is contingent upon the occurrence of a declared emergency.
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Criteria Evaluation for Emergency Services - Catering
RFP Number: PF1010-03
RFP opening date: 5272010
Table 1 Meals served prior to Tropical Storm Event
Table 2 Meals served within twenty-four (24) hours of the downgrade to a Tropical Storm or Emergency Event
Vendor
Vendor
Criteria
Meodmurn High Sendero
Points Beaumont, TX
Arkel Mesh
Baton ouge, LA
of
of Contractor 40 35
36
Price
35 34
27
Menu Selection
25 1 22
15
Total Points
100 1 91
78
Table 2 Meals served within twenty-four (24) hours of the downgrade to a Tropical Storm or Emergency Event
Vendor
Vendor
Criteria
M=&,nurn KO Sendero
Points Beaumont, TX
Arkel Besh
Baton R , lA
of
32
37
Price
35 30
34
Menu Selection
25 1 20
1 23
Total Points
1 100 1 82
1 94
RESOLUTION NO.
WHEREAS, bids were solicited for contracts for catering services in the event of a
natural disaster or all -hazards disaster; and,
WHEREAS, High Sendero, Inc., of Beaumont and Arkel Besh of Baton Rouge,
Louisiana, submitted bids in the amounts shown below:
Section I - Meals served prior to tropical storm event (72 to 24 hours prior to storm):
Section Il: Meals served within twenty-four (24) hours after the downgrade to a
tropical storm or emgMncy event.
High Sendero, Inc.
Beaumont, Texas
DESCRIPTION
Price Per Meal
Breakfast
100-300 Meals
$9.00
301-500 Meals
$9.00
Lunch
100-300 Meals
$13.00
301-500 Meals
$13.00
Dinner
100-300 Meals $18.00
301-500 Meals $18.00
Provide menu yes
Section Il: Meals served within twenty-four (24) hours after the downgrade to a
tropical storm or emgMncy event.
Arkel Bosh
Baton Rouge, LA
DESCRIPTION
Price Per Meal
Breakfast
200-400 Meals
$6.20
401-600 Meals
$5.95
601-800 Meals
$5.45
; and,
Lunch
200-400 Meals
$9.25
401-600 Meals
$8.75
601-800 Meals
$8.00
Dinner
200-400 Meals
$12.50
401-600 Meals
$11.25
601-800 Meals
$10.50
Optional Sandwich Type Meal
50-100 Meals $10.25
Unit Price Per Day
Air conditioned tent, supplies $1,889.00
Provide ten (10) menus per meal yes
Additional Charges by Vendor
Mobilization Charge
$4,861.00
Minimum one week tent rental
yes
WHEREAS, City Council is of the opinion that the bids submitted by High Sendero,
Inc., and Arkel Besh should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by High Sendero, Inc., and Arkel Besh, in the amounts shown
above, for contracts for catering services in the event of a natural disaster or all -hazards
disaster be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
F
RICH WITH OPPORTUNITY
BE-AUMON*
T • E ,• X • A • S CiCouncil A ends Item
tY g
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: June 15, 2009
REQUESTED ACTION: Council consider authorizing the award of a six (6) month
contract for liquid chlorine.
RECOMMENDATION
The Administration recommends the award of a contract to Altivia Corp., of Houston, Texas in
the estimated amount of $64,220.
BACKGROUND
Bids were requested for a six (6) month contract to supply water treatment chemicals for use by
the Water Utilities Department. Liquid chlorine is used to disinfect and purify the City's water
supply.
The contract is to furnish liquid chlorine at the fixed unit price of $494 per ton. The price for the
previous six (6) months was $544 per ton. Bids were requested from five (5) vendors and two
(2) responses were received. Bid tabulation is as follows:
VENDOR
TONS
PRICE/TON
TOTAL
Altivia Corporation
130
$494
$64,220
Houston, TX
DXI Industries
130
$518
$67,340
Houston, TX
BUDGETARYIMPACT
This expenditure is budgeted in the Water Utilities Fund.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of liquid
chlorine for use by the Water Utilities Department; and,
WHEREAS, Altivia Corporation of Houston, Texas, submitted a bid for an estimated
total expenditure of $64,220 in the unit amounts shown below:
TONS
PRICE/TON
TOTAL
130
$494
$64,220
and,
WHEREAS, City Council is of the opinion that the bid submitted by Altivia Corporation
of Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Altivia Corporation, Houston, Texas, for a six (6) month contract
for the purchase of liquid chlorine in the unit prices shown above for an estimated total
expenditure of $64,220 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of June,
2010.
- Mayor Becky Ames -
RICH WITH OPPORTUNITY
IIEA,UMON*
T• E• S• A• S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JUNE 15, 2010 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition:
* Public Comment: Persons may speak on scheduled agenda items 1-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving the City of Beaumont Investment Policy
2. Consider authorizing an interlocal agreement with the City of Pearland, Texas for
the purchase of a remittance processing system
3. Consider approving a contract for asphaltic concrete to be used by the Public
Works Department
4. Consider amending Chapter 10, Section 10-3 of the City Code of Ordinances
regarding Fire Service Fees
5. Consider amending Section 13-16 of the Code of Ordinances establishing health
fees
6. Consider amending Chapter 20, Article H, Section 20-21 of the Code of
Ordinances establishing rental rates for city -owned event facilities
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Claim of Freddy and Lisa Nolan
Lewallen v. City of Beaumont
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
June 15, 2010
Consider approving the City of Beaumont Investment Policy
RICH WITH OPPORTUNITY
BEA,UMON*
T - E• X• A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer Yr -
June 15, 2010
Council consider a resolution approving the City of
Beaumont Investment Policy.
RECOMMENDATION
The Administration requests a review of the City of Beaumont Investment Policy and approval as
attached.
BACKGROUND
State law mandates the City Council review the Investment Policy and approve modifications, if
any, to the policy on an annual basis.
In April 2009, the City Council approved entering into an agreement with Valley View
Consulting, LLC, for investment management services. As part of the contract, Valley View
consultants have performed an annual review of the City's investment policy and have
recommended modifications to it. The recommended revisions, mostly clarifying in nature, are
highlighted in the attached policy. The Investment Policy was last amended on June 16, 2009.
BUDGETARYIMPACT
None.
City of Beaumont
RICH WITH OPPORTUNITY
BEAUMON*
T - E - X - A - S
Investment Policy
Adopted Resolution of
City Council
on June 2010
Deleted: 16
Deleted: 09
City of Beaumont - Investment Policy
Table of Contents
I. Introduction................................................................................................................1
II. Scope............................................................................................................................1
III. Prudence.....................................................................................................................1
IV. Objectives....................................................................................................................1
A. Safety of Principal..........................................................................................2
B. Liquidity ..........................................................................................................2
C. Yield................................................................................................................2
V. Delegation of Authority.............................................................................................2
VI. Ethics and Conflicts of Interest................................................................................3
VII. Training......................................................................................................................3
VIII. Selection of Financial Dealers, Institutions and Investments Pools .....................3
A. Broker/Dealers...............................................................................................4
B. Public Depositories.........................................................................................4
C. Investment Pools............................................................................................5
IX. Authorized and Suitable Investments......................................................................5
X. Marking to Market....................................................................................................7
XI. Collateralization.........................................................................................................7
XII. Safekeeping and Custody..........................................................................................8
XIII. Diversification ............................................................................................................8
XIV. Investment Strategies................................................................................................9
ii
A. Pooled Fund Groups....................................................................................10
B. Debt Service Funds...................................................................................... 11
C. Debt Service Reserve Funds........................................................................12
XV. Internal Control.....................................................................................................12
XVI. Performance Standards........................................................................................13
XVII. Reporting ............................................. .,,................................................................. 13
XVIII. Investment Policy Adoption..................................................................................13
Exhibits
Exhibit A - Approved List Broker/Dealers...........................................................................15
Exhibit B - Certification By Business Organization...........................................................16
fff
City of Beaumont
Investment Policy
I. Introduction
t is the policy of the City of Beaumont to invest public funds in a manner that will
ensure that the investments are duly authorized, properly managed, adequately `? .
protected and fully collateralized. The City shall seek the optimum investment return `� Deleted: which
with the maximum security while meeting daily cash needs and conforming to the City
Charter, the Public Funds Investment Act (Chapter 2256, Government Code as Fonnettad: Font: pt
amended) and all other state and local statutes governing the investment of public
funds Formatted: Font:12 pt
II. Scope
This Investment Policy applies to all financial assets of the City as accounted for in the
City's Comprehensive Annual Financial Report. These include General, Special
Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Fiduciary
Funds. All are pooled for investment purposes except debt service and debt service
reserve funds. Interest is allocated monthly to each fund based on its individual cash
balance.
III. Prudence
Investments shall be made with judgment and care, under prevailing circumstances, that
a person of prudence, discretion, and intelligence would exercise in the management of
the person's own affairs, not for speculation, but for investment, considering the
probable safety of capital and the probable income to be derived. The "prudent person"
standard shall be applied in the context of managing the total portfolio rather than a
single investment providing that the decision was consistent with this investment
Deleted: i
Investment Officers acting in accordance with written procedures and the Investment
Policy and exercising due diligence shall be relieved of responsibility for an individual Deleted: t
security's credit risk or market price changes provided that deviations from exceptions
are reported in a timely fashion and appropriate action is taken to control adverse
developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be
preservation and safety of principal, liquidity, yield and public trust.
A. Safety of principal
The City has as its foremost objective to ensure the safety of principal.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. To attain this objective,
diversification is required in order to eliminate an over -concentration of assets in
one institution, maturity or type of investment,______
B. Li uidi
The City's investment portfolio will remain sufficiently liquid to enable the City
to meet all operating requirements t might be reasonably anticipated. The
portfolio shall be constructed so that investment maturities are matched with
forecasted cash flow requirements and limited by investments ,with an active :;Z
ich
secondary market or convertible to cash little or no penalty.
eted: in securities
Investment Officers shall seek to act responsibly as custodians of the public trust. Formatted: Indent: Hanging: 1"f
Investment Officers shall avoid any transaction that might impair public
confidence in the City's ability to govern effectively. Deleted: n
The City's investment portfolio shall be designed with the objective of attaining a Deleted: c
rate of return Jhat is consistent with risk limitations and cash flow characteristics
of the City's investments.
Deleted: which
V. Delegation of Authority
Deleted: -
Authority to manage the City's investment program is derived from the City Charter
(article VII, section 1-2). The Charter designates the City Manager as Director of
Finance who shall have custody of all public funds, investments, bonds and notes of the
City and be responsible for their safekeeping. The City Manager shall establish written
procedures for the operation of the investment program consistent with this Investment
Policy ,that include explicit delegation of authority to persons responsible for
investment transactions. The City Manager shall be responsible for all transactions M
undertaken and shall establish a system of controls to regulate the activities of Deleted: which
subordinate officials.
The City Manager, the Chief Financial Officer, and the City Controller are currently
approved as Investment Officers of the City. Each Investment Officer shall be
approved by resolution of City Council to invest the City's funds. Such approval of
specific persons shall remain in effect until rescinded by the City Council or until
termination of the person's employment by the City. Investment Officers shall not
deposit, withdraw, transfer or manage the funds of the City in a manner that is not
consistent with the "prudent person" standard as described in section III of this Policy.
The City Council maintains the right to hire Investment Advisers to assist City staff in
the investment of funds. Investment Advisers shall adhere to the spirit, philosophy
and specific terms of this Policy and shall invest within the same objectives. The City
Manager shall establish criteria to evaluate Investment Advisers, including:
1. Adherence to the City's policies and strategies;
2. Investment strategy recommendations within accepted risk constraints;
3. Responsiveness to the City's request for services and information;
4. Understanding of the inherent fiduciary responsibility of investing public
funds; and
5. Similarity in philosophy and strategy with the City's objectives.
Selected Investment Advisers must be registered under the Investment Advisers Act
of 1940 or with the State Securities Board. A contract with an Investment Adviser
may not be for a term longer than two years and any contract, renewal or extension
must be approved by the City Council.
VI. Ethics and Conflicts of Interest
Investment Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions.
Investment Officers shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City. They shall
also disclose any specific individuals who seek to sell investments to the City and are
related to the Investment Officer within the second degree by affinity or consanguinity,
as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics
Commission and the City Council.
VII. Training
In order to ensure qualified and capable investment management, each Investment
Officer shall attend at least ten 10 hours of training relating to investment
responsibilities within 12 months after assuming such duties and shall continue to Deleted: of the City
attend an investment training session consisting of at least ten (10) hours of instruction
not less than once every two years thereafter, Training shall be in accordance with the / Deleted: consisting of at least ten (l0) hours
of instruction
Public Funds Investment Act and include education in investment controls, security
risks, strategy risks, market risks, and compliance with Sjate statutes governing the
investment of public funds. All training shall be conducted by an independent source
$hat has been approved by City Council. The approved "independent sources" to;Deleted-:
ted: ;whi.h provide such training are: the Government Treasurers Organization of Texas, the
Government Finance Officers Association, the Government Finance Officers
Association of Texas, the Texas Municipal League, and the University of North Texas.
VIII. Selection of Broker/ Dealers, Financial Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions selected and
approved in accordance with this Policy,_______ _
Any business organization which seeks to execute investment transactions with the City Deleted:
shall provide a written instrument certifying that they have received and thoroughly
reviewed the City's Investment Policy and have implemented reasonable procedures
and controls in an effort to preclude investment transactions that are not authorized by
this Policy. The certification, as shown by example in Exhibit B, must be signed by a
qualified representative of the business organization. Investment Officers shall not buy
any securities from a firm or make deposits with a fund, pool or financial institution
$hat has not filed this instrument. Each time City Council approves a material revision
to the Investment Policy, the certification should be sent to the approved business
organizations along with the newly revised Investment Policy.
A. Broker/Dealers
Deleted: which
The City shall select broker/dealers by their ability to provide effective market
access and may include "Primary Government Securities Dealers" or regional
dealers that qualify under Securities and Exchange Commission (SEC) Rule
150-1 (uniform net capital rule). Broker/dealers selected must be members in
good standing of the Financial Industry Re lato Authori "FINRA" , and be
licensed by the State of Texas. Each broker/dealer will be reviewed by
Investment Officers and a recommendation made for approval by City Council. Deleted: stitution
An "approved broker/dealer list", as shown in Exhibit A, shall be maintained by
the Investment Officers at all times and reviewed by the City Council on an
annual basis.
The City shall not enter into transactions with a broker/dealer until official City
Council approval.
B. Public Depositories/Financial Institutions
The City Council shall select a primary depository as required by law. The
primary depository as authorized by the City Council shall meet all requirements
of the state law concerning depositories for municipal funds (Chapter 105,
Government Code). The primary depository shall be selected through the City's
banking services procurement process, including a formal Request for Proposal
(RFP) issued in compliance with applicable State law, and offers the most
favorable terms and conditions for the handling of City funds.
The City may also establish agreements with other financial institutions under
separate contract for additional services $hat are necessary in the administration,
collection, investment, and transfer of municipal funds. Such deposits will only
be made after the financial institution has completed and returned the required Deleted: which
written instruments and depository pledge agreements. No deposit shall be made
except in a qualified public depository as established by State Law.
C. Investment Pools
Investment Officers may invest funds of the City through an eligible investment
pool with specific approval by resolution of City Council and execution of a
written agreement. To become eligible, investment pools must first meet all
requirements of State Law. They shall provide the City with an offering circular
that contains specific and detailed information, investment transaction
confirmations, and detailed monthly transaction and performance reports. Pools
shall have advisory boards composed of qualified members representing Deleted: which
participants and non -participants who do not have a business relationship with the
pool. Before selection, pools shall be thoroughly reviewed and evaluated by
Investment Officers.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in
the Public Funds Investment Act, as amended. Suitable investments for the City are
limited to the following:
az) Direct Obligations of the United States or its agencies and instrumentalities Aat
have a maximum stated maturity date of 5 years or less. Federal agencies and
instrumentalities Jhat do not carry the explicit U.S. Government guarantee must
be continuously rated no lower than AAAA -1 or an equivalent rating by at least
one nationally recognized rating agency.
z-) Financial institution deposits placed with approved banks as described above
(section VIII -B) which have a maximum stated maturity date of 5 years or less
and are insured by the Federal Deposit Insurance Corporation, or their successors;
or secured as described in section XI Collateralization. Additionally, the City
may execute certificates of deposit through a depository institution that has its
main office or a branch office in Texas that participates in the Certificate of
Deposit Account Registry Service (CDARS), or similar program, and meets the
requirements of Section 2256.009(b).
Bo Fully collateralized direct repurchase agreements with a defined termination date
of 90 days or less which are secured by obligations of the United States or its
agencies and instrumentalities and pledged with a third party other than an agent
for the pledgor. Investment Officers may invest in repurchase agreements
through an approved primary government securities dealer or an approved
depository bank as described above (section VIII -A, B). Each issuer of
repurchase agreements shall be required to sign a master repurchase agreement.
For flexible repurchase agreements executed with bond proceeds, the defined
termination date of 90 days or less may be waived to allow the term of the flexible
repurchase agreement to more closely match the expected term of the bond
project.
No load money market mutual funds registered with and regulated by the
Securities and Exchange Commissiori,whose investment objectives include the
maintenance of a stable net asset value of $1 per share. Money market mutual
funds must maintain a AAAm, or equivalent rating from at least one nationally
recognized rating agency; and provide the City with a prospectus and other
information required by the Securities and Exchange Act of 1934 and be
specifically approved by City Council or purchased through the City's primary
depository as an overnight investment tool. The City may not own more than
10% of the money market mutual fund's total assets.
Bz:� Approved investment pools as described above (section VIII -C) which are
continuously rated no lower than AAA, AAA -m or an equivalent rating by at least
one nationally recognized rating agency.
Deleted: which
Deleted: which
Deleted: with a dollar weighted average
stated maturity of 90 days or less whose assets
consist exclusively of direct obligations of the
United States and
Investments Not Authorized - The followinginvestments are not authorized under this Center,
Rel centered, MargPosin
on:Hodzontal:
Center, Relative to: Margin
section:
f
X.
a. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and pay no
principal;
b. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest;
c. Collateralized mortgage obligations that have a stated final maturity date of greater
than ten years; and
d. Collateralized mortgage obligations the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
Prudent measures will be taken to liquidate an investment that is downgraded to less
than the required minimum rating. The City is not required to liquidate investments
that were authorized investments at the time of purchase.
The purchase of stock is not an authorized investment for municipal governments.
However, stock may be accepted as a donation, provided that it is held in accordance
with the terms of the donation and sold as soon as it is advantageous to do so.
Reinvestment of proceeds must be in accordance with authorized and suitable
investments for the City as listed above.
Marking to Market
All securities and certificates of deposit will be purchased or sold after at least three (3)
offers or bids are taken to verify that the City is receiving a fair market value or price
for the investment.
The market value shall continue to be monitored at least quarterly through on-line
investment software to which the City subscribes, the Wall Street Journal, or some
other independent market pricing source. The City shall not obtain market pricing from
business organizations who may engage in investment transactions with the City.
XI. Collateralization
Collateralization will be required on all deposits, certificates of deposit and repurchase
agreements. With the exception of deposits secured with irrevocable letters of credit at
100% of amount, the collateralization level shall be equal to at least one hundred two
percent (102%) of the aggregate market value of the deposit or investment including
accrued interest less an amount insured by the Federal Deposit Insurance Corporation.
Evidence of the pledged collateral shall be documented by a tri -party custodial or a
master repurchase agreement with the collateral pledged clearly listed in the agreement.
Collateral shall be reviewed monthly to assure that the market value of the securities
pledged equals or exceeds the related deposit or investment balance.
i
Formatted: Centered, Position:Horizontal:
Center, Relative to: Margin
Collateral requirements shall be in accordance with both the Public Funds Investment
Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements
is limited to direct obligations of the United States or its agencies and instrumentalities.
The City shall accept a surety bond or the following investment securities as collateral
on deposits and certificates of deposit:
Bz3 Direct obligations of the United States or its agencies and instrumentalities.
Direct obligations of this state or its agencies and instrumentalities.
Bz3 Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed
securities considered a high-risk mortgage security as described by Section
2257.0025 of the Government Code as well as those of the nature described by
section 2256.009 (b) of the Government Code.
Bo Other obligations $hat are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
Bz3, Obligations of states, agencies, counties, cities and other political subdivisions
rated not less than A or its equivalent.
az) Letters of credit issued by the United States or its agencies and instrumentalities.
Financial institutions serving as depositories will be required to sign a depository
agreement with the City. The collateralized deposit portfolio of the agreement shall
define the City's rights to the collateral in case of default, bankruptcy or closing and
shall establish a perfected security interest in compliance with Federal and State
regulations, including:
1. The agreement must be in writing;
2. The agreement has to be executed by the Depository and the City
contemporaneously with the acquisition of the asset:
3. The agreement must be approved by the Board of Directors or designated
committee of the Depository and a copy of the meeting minutes must be
delivered to the City; and
4. The agreement must be part of the Depository's "Official Record"
continuously since its execution.
Deleted: which J
Formatted: Centered, Position:Horizontal:
Center, Relative to: Margin
XII.
XIII.
Safekeeping and Custody
Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve
Bank or at an institution not affiliated with a firm pledging collateral acceptable to the
City. With the exception of the Federal Reserve, all safekeeping arrangements shall be
in accordance with a tri -party custodial agreement $hat clearly defines the
responsibilities of each party and outlines the steps to be taken in order for the City to -
gain access to the collateral in the event of a "failure". The custodial agreement shall Deleted: which
be executed between the City, the firm pledging the collateral and the custodial
institution. All safekeeping receipts shall be delivered to the City and all collateral
(whether a pledge or substitution) shall be formally accepted and released by
Investment Officers.
All security transactions, including collateral for repurchase agreements, entered into
by the City shall be conducted on a delivery -versus -payment (DVP) basis. That is,
funds shall not be wired or paid until verification has been made that the convect
security was received by the safekeeping institution. Financial institution deposits,
pool funds, and mutual funds are excluded from this requirement. The investment shall
be held in the name of the City or on behalf of the City.
Diversification Deleted: The City shall not purchase
securities from the firm or banking institution
designated as the safekeeping institution.
The City will diversify its investments to eliminate an over -concentration of assets in
any one security type or institution.
l* Up to ninety percent (90%) par of the portfolio may be invested in direct
obligations of the United States (U.S. Treasury Securities).
z,3 Up to seventy percent (70%) par of the portfolio may be invested in U.S. Agency
or Instrumentalities.
No more than thirty percent (30%) par of the portfolio may be invested with any
one U.S. Agency or Instrumentality.
B!3 No more than eighty percent (80%) par of the portfolio may be invested in
certificates of deposit or repurchase agreements.
Up to one hundred percent (100%) par of the portfolio may be invested in
investment pools for liquidity purposes with no more than eighty percent (80%)
par of the portfolio invested in any one pool.
No more than fiftypercent 50% par of the portfolio may be invested in money Formatted: Centered, Margin on:Horizontal:
P ( ) P P Y Y Center, Relative to: Margin
market mutual funds.
Q
B,) No more than Jhirty percent 0%par of the portfolio may be invested with an
one institution in certificates of deposit and/or repurchase agreements. L
Deleted: twenty five _
XIV. Investment Strategies
Deleted: 25
The City shall maintain a separate investment strategy for each of the three fund types
represented in the portfolio. Deleted: Additionally, these investments
Il Po shall not exceed ten percent (10%) of the
capitalization of the financial institution.
A. Pooled Fund Grout)
Deleted:
Suitability - Any investment eligible in the Investment Policy is suitable for
Pooled Fund Groups.
Safety of Principal - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However,
managing the weighted average days to maturity of each fund's portfolio to Deleted: securities
less than 365 days and restricting the maximum allowable maturity to two
years using the final stated maturity dates of each investment will minimize l
the price volatility of the portfolio. Deleted: security
Marketability - Investments, with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. Historical
market "spreads" between the bid and offer prices of a particular security -
type of less than a quarter of a percentage point will define an efficient
secondary market.
Li ui i —Pooled Fund Groups require the greatest short-term liquidity of
any of the fund -types. Short-term investment pools and money market
mutual funds will provide daily liquidity and may be utilized as a competitive
yield alternative to fixed maturity investments.
Diversification - Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on the anticipated operating needs of
the City. Diversifying the appropriate maturity structure up to the two-year
maximum will reduce interest rate risk.
Deleted: Securities
Yield - Attaining a competitive market yield for comparable investmen�Deleted:
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio will be thesecurity
minimum yield objective.
B. Debt Service Funds Formatted: Centered, PositionNorizontal:
Center, Relative to: Margin
10
Suitability - Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
Safety of Principal - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Funds to not exceed the debt service payment Deleted: securities
schedule the market risk of the overall portfolio will be minimized. The
stated final maturity date on investment, purchased shall not exceed the debt
service payment date unless excess funds are available. In that case,
maximum maturities shall not exceed two (2) years from the date of purchase Deleted: securities
and the dollar weighted average maturity of the portfolio shall not exceed
365 days as is consistent with investment strategies for operating funds.
Marketability - Investments, with active and efficient secondary markets are
not necessary as the event of an unanticipated cash flow requirement is not
Deleted: securities
probable.
Li idi - Debt Service Funds have predictable payment schedules.
Therefore investment maturities should not exceed the anticipated cash flow
requirements. Investments pools and money market mutual funds may
provide a competitive yield alternative for short-term fixed maturity
investments. A singular repurchase agreement may be utilized if
disbursements are allowed in the amount necessary to satisfy any debt
service payment. This investment structure is commonly referred to as a
flexible repurchase agreement.
Diversification - Market conditions influence the attractiveness of fully
extending maturity to the next "unfunded" payment date. Generally, if
investment rates are anticipated to decrease over time, the City is best served
by locking in most investments. If the interest rates are potentially rising,
then investing in shorter and larger amounts may provide advantage. At no
time shall the debt service schedule be exceeded in an attempt to bolster
yield.
Yield - Attaining a competitive market yield for comparable investmen - -�
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio shall be the Deleted: security
minimum yield objective.
C. Debt Service Reserve Funds
Suitability - Any investment eligible in the Investment Policy is suitable for Formatted: Centered, Position:Horizontal:
Debt Service Reserve Funds. Bond resolution and loan documentation Center, Relative to: Margin
11 •'
XV.
constraints and insurance company restrictions may create specific
considerations in addition to the Investment Policy.
Safety of Princival - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Reserve Fund maturities to not exceed the call Deleted: securities
provisions of the borrowing will reduce the investment's market risk if the
City's debt is redeemed and the Reserve Fund liquidated. No stated final
investment maturity shall exceed the shorter of the final maturity of the
borrowing or five years. Annual mark -to -market requirements or specific
maturity and average life limitations within the borrowing's documentation
will influence the attractiveness of market risk and influence maturity
extension.
Marketability - Investmentk with less active and efficient
are acceptable for Debt Service Reserve Funds.
markets
Liquidity — Debt Service Reserve Funds have no anticipated expenditures.
The Funds are deposited to provide annual debt service payment protection
to the City's debt holders. The funds are "returned" to the City at the final
debt service payment. Market conditions and arbitrage regulation
compliance determine the advantage of investment diversification and
liquidity. Generally, if investment rates exceed the cost of borrowing, the
City is best served by locking in investment maturities and reducing liquidity.
If the borrowing cost cannot be exceeded, then concurrent market conditions
will determine the attractiveness of locking in maturities or investing shorter
and anticipating future increased yields.
Diversification - Market conditions and the arbitrage regulations influence
the attractiveness of staggering the maturity of fixed rate investments for
Debt Service Reserve Funds. At no time shall the final debt service payment
date of the bond issue be exceeded in an attempt to bolster yield.
Yield - Achieving a positive spread to the applicable borrowing cost is the
desired objective. Debt Service Reserve Fund portfolio management shall
operate within the limits of the Investment Policy's risk constraints.
Internal Control
The City, in conjunction with its annual financial audit, shall perform a
compliance audit of management controls on investments and adherence to the
City's 1pvestmentpplicy.
12
I Deleted: Securities 1
Deleted: i
Deleted:
Formatted: Centered, Position:Horizontal:
Center, Relative to: Margin
XVI. Performance Standards
The City intends to pursue an active versus a passive portfolio management
philosophy. That is, investments may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate
of return throughout budgetary and economic cycles $hat is consistent with risk
limitations and cash flow needs of the City. Given this strategy, the basis used by
Investment Officers to determine whether market yields are being achieved shall Deleted: which
be the average return on 90 day U.S. Treasury Bills. "Weighted average yield to
maturity" shall be the portfolio performance measurement standard.
XVII. Reporting
Investment Officers shall submit a monthly report to City Council summarizing
the results of the City's investment activity. This report shall include the status of
the current portfolio position, performance, trading activity, interest earnings and
collateral.
A quarterly report shall be submitted to the City Manager, as Chief Executive
Officer, and the City Council detailing investment transactions and performance
for the reporting period in accordance with $ate law. The report shall be jointly
prepared and signed by all Investment Officers. It shall include a summary
statement prepared in compliance with generally accepted accounting principles
for each fund type and a detailed listing that states the beginning market value,
changes to the market value, ending market value and fully accrued interest for
the period. In addition, Investment Officers shall report on adherence to the City's
investment strategies as expressed in this Policy. _
In conjunction with the annual audit, the quarterly reports shall be formally-
reviewed
ormallyreviewed by the City's independent auditor on an annual basis and the results of
the review shall be reported to City Council.
XVIII. Investment Policy Adoption
The City's Investment Policy is hereby adopted by resolution of the City Council.
The City Council shall review and approve the Policy on an annual basis. This
Policy serves to satisfy the statutory requirement to define and adopt a formal
investment policy.
IN
Deleted: s
Deleted: -
Formatted: Justified, Indent Left 0",
Hanging: 1", Line spacing: single, Tabs:
0", Left + I", Left + 1.38", Left + 1.63",
Left + 2", Left + 2.5", Left + 3", Left +
3.5", Left + 4", Left + 4.5", Left + 5", Left
+ 5.5", Left + 6", Left + 6.5", Left + 7",
Left + 7.51, Left + 8", Left + 8.5", Left +
9", Left + 9.5", Left + 10", Left + 10.5",
Left + 11", Left + 11.5", Left + 12", Left +
12.5•", Left + 13", Left + 13.5", Left +
14", Left
Deleted: In conjunction with the annual
audit, the quarterly reports shall be formally
reviewed by the City's independent auditor on
an annual basis and the results of the review
stment Policv Adoption
Formatted: Justified
Formatted: Centered, PositionNorizontal:
Center, Relative to: Margin
EXHIBITS
14
Formatted: Centered, Position:Horizontai:
Center, Relative to: Margin
f
Exhibit A
CITY OF BEAUMONT
Approved List
Broker/Dealers
Business/Oreanization
Broker/Dealers:
JP Morgan Chase Securities _
Coastal Securities
Duncai Williams, Inc. _
Wells Fargo Brokerage
Services, LLC
Rice Financial Products Company
Morgan Keegan & Company, Inc.
15
Deleted: -
Formatted: Position:Horizontal: 4.63",
Relative to: Page, Vertical: 0.03", Relative
to: Paragraph
Exhibit B
City of Beaumont, Texas
Certification By Business Organization
This certification is executed on behalf of the City of Beaumont (the Investor) and
(the Business Organization) pursuant to the Public Funds
Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment
transactions conducted between the Investor and the Business Organization.
The undersigned Qualified Representative of the Business Organization hereby certifies on
behalf of the Business Organization that:
The undersigned is a Qualified Representative of the Business Organization offering to
enter an investment transaction with the Investor as such terms are used in the Public
Funds Investment Act, Chapter 2256, Texas Government Code and
2. The Qualified Representative of the Business Organization has received and reviewed the
Investment Policy furnished by the Investor and
3. The Qualified Representative of the Business Organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted
between the Business Organization and the Investor that are not authorized by the
Investo4s Investment Pplicy, exce t to the extent that this authorization is dependent on
an analysis of the makeup of the Investot<s entire portfolio or requires and interpretation
of subjective investment standards. Deleted: e
Deleted. i
(Firm)
Qualified Representative of the Business Organization
(Signature)
(Name)
(Title)
(Date)
16
Deleted:
Deleted:
Formatted: Position:Horizontal: 4.63",
Relative to: Page, Vertical: 0.03", Relative
to: Paragraph
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City of Beaumont Investment Policy, substantially in the form attached hereto
as Exhibit' A," has been reviewed and is hereby in all things adopted. All changes to the
policy are reflected therein.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
City of Beaumont
BICE WITH OPPORTUNITY.
11MON*
BEAUM
T - E, X - A - S
Investment Policy
Adopted Resolution of
City Council
on June , 2010
EXHIBIT "A"
City of Beaumont - Investment Policy
Table of Contents
I.
Introduction................................................................................................................1
II.
Scope...........................................................................................................................1
III.
Prudence.....................................................................................................................1
IV.
Objectives.................................................................................................................... l
A. Safety of Principal.........................................................................................2
B. Liquidity..........................................................................................................2
C. Yield................................................................................................................2
V. Delegation of Authority.............................................................................................2
VI. Ethics and Conflicts of Interest................................................................................3
VII. Training......................................................................................................................3
VIII. Selection of Financial Dealers, Institutions and Investments Pools .....................3
A. Broker/Dealers...............................................................................................4
B. Public Depositories.........................................................................................4
C. Investment Pools............................................................................................5
IX. Authorized and Suitable Investments......................................................................5
X. Marking to Market....................................................................................................7
XI. Collateralization.........................................................................................................7
XII. Safekeeping and Custody..........................................................................................8
XIII. Diversification............................................................................................................8
XIV. Investment Strategies................................................................................................9
ii
A. Pooled Fund Groups.................................................................................... 10
B. Debt Service Funds...................................................................................... 11
C. Debt Service Reserve Funds........................................................................ 12
XV. Internal Control..................................................................................................... 12
XVI. Performance Standards........................................................................................ 13
XVII. Reporting................................................................................................................ 13
XVIII. Investment Policy Adoption.................................................................................. 13
Exhibits
ExhibitA - Approved List Broker/Dealers...........................................................................15
Exhibit B - Certification By Business Organizalion...........................................................16
M
City of Beaumont
Investment Policy
I. Introduction
It is the policy of the City of Beaumont to invest public funds in a manner that will
ensure that the investments are duly authorized, properly managed, adequately
protected and fully collateralized. The City shall seek the optimum investment return
with the maximum security while meeting daily cash needs and conforming to the City
Charter, the Public Funds Investment Act (Chapter 2256, Government Code as
amended) and all other state and local statutes governing the investment of public
funds.
II. Scope
This Investment Policy applies to all financial assets of the City as accounted for in the
City's Comprehensive Annual Financial Report. These include General, Special
Revenue, Debt Service, Capital Projects, Enterprise, Internal Service, and Fiduciary
Funds. All are pooled for investment purposes except debt service and debt service
reserve funds. Interest is allocated monthly to each fund based on its individual cash
balance.
III. Prudence
Investments shall be made with judgment and care, under prevailing circumstances, that
a person of prudence, discretion, and intelligence would exercise in the management of
the person's own affairs, not for speculation, but for investment, considering the
probable safety of capital and the probable income to be derived. The "prudent person"
standard shall be applied in the context of managing the total portfolio rather than a
single investment providing that the decision was consistent with this Investment
Policy.
Investment Officers acting in accordance with written procedures and the Investment
Policy and exercising due diligence shall be relieved of responsibility for an individual
security's credit risk or market price changes provided that deviations from exceptions
are reported in a timely fashion and appropriate action is taken to control adverse
developments.
IV. Objectives
The primary objectives, in priority order, of the City's investment activities shall be
preservation and safety of principal, liquidity, yield and public trust.
A. Safety of principal
The City has as its foremost objective to ensure the safety of principal.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. To attain this objective,
diversification is required in order to eliminate an over -concentration of assets in
one institution, maturity or type of investment.
B. Li uidi
The City's investment portfolio will remain sufficiently liquid to enable the City
to meet all operating requirements that might be reasonably anticipated. The
portfolio shall be constructed so that investment maturities are matched with
forecasted cash flow requirements and limited by investments with an active
secondary market or convertible to cash little or no penalty.
C. Public Trust
Investment Officers shall seek to act responsibly as custodians of the public trust.
Investment Officers shall avoid any transaction that might impair public
confidence in the City's ability to govern effectively.
D. Yield
The City's investment portfolio shall be designed with the objective of attaining a
rate of return that is consistent with risk limitations and cash flow characteristics
of the City's investments.
V. Delegation of Authority
Authority to manage the City's investment program is derived from the City Charter
(article VII, section 1-2). The Charter designates the City Manager as Director of
Finance who shall have custody of all public funds, investments, bonds and notes of the
City and be responsible for their safekeeping. The City Manager shall establish written
procedures for the operation of the investment program consistent with this Investment
Policy that include explicit delegation of authority to persons responsible for
investment transactions. The City Manager shall be responsible for all transactions
undertaken and shall establish a system of controls to regulate the activities of
subordinate officials.
The City Manager, the Chief Financial Officer, and the City Controller are currently
approved as Investment Officers of the City. Each Investment Officer shall be
approved by resolution of City Council to invest the City's funds. Such approval of
specific persons shall remain in effect until rescinded by the City Council or until
termination of the person's employment by the City. Investment Officers shall not
deposit, withdraw, transfer or manage the funds of the City in a manner that is not
consistent with the "prudent person" standard as described in section III of this Policy.
The City Council maintains the right to hire Investment Advisers to assist City staff in
the investment of funds. Investment Advisers shall adhere to the spirit, philosophy
and specific terms of this Policy and shall invest within the same objectives. The City
Manager shall establish criteria to evaluate Investment Advisers, including:
1. Adherence to the City's policies and strategies;
2. Investment strategy recommendations within accepted risk constraints;
3. Responsiveness to the City's request for services and information;
4. Understanding of the inherent fiduciary responsibility of investing public
funds; and
5. Similarity in philosophy and strategy with the City's objectives.
Selected Investment Advisers must be registered under the Investment Advisers Act
of 1940 or with the State Securities Board. A contract with an Investment Adviser
may not be for a term longer than two, years and any contract, renewal or extension
must be approved by the City Council.
VI. Ethics and Conflicts of Interest
Investment Officers and employees involved in the investment process shall refrain
from personal business activity that could conflict with proper execution of the
investment program, or which could impair their ability to make impartial investment
decisions.
Investment Officers shall disclose any personal business relationships with business
organizations approved to conduct investment transactions with the City. They shall
also disclose any specific individuals who seek to sell investments to the City and are
related to the Investment Officer within the second degree by affinity or consanguinity,
as determined under Chapter 573. Disclosure shall be filed with the Texas Ethics
Commission and the City Council.
VII. Training
In order to ensure qualified and capable investment management, each Investment
Officer shall attend at least ten (10) hours of training relating to investment
responsibilities within 12 months after assuming such duties and shall continue to
attend an investment training session consisting of at least ten (10) hours of instruction
not less than once every two years thereafter. Training shall be in accordance with the
Public Funds Investment Act and include education in investment controls, security
risks, strategy risks, market risks, and compliance with State statutes governing the
investment of public funds. All training shall be conducted by an independent source
that has been approved by City Council. The approved "independent sources" to
provide such training are: the Government Treasurers Organization of Texas, the
Government Finance Officers Association, the Government Finance Officers
Association of Texas, the Texas Municipal League, and the University of North Texas.
VIII. Selection of Broker/ Dealers, Financial Institutions and Investment Pools
Authorized investments shall only be purchased from those institutions selected and
approved in accordance with this Policy.
Any business organization which seeks to execute investment transactions with the City
shall provide a written instrument certifying that they have received and thoroughly
reviewed the City's Investment Policy and have implemented reasonable procedures
and controls in an effort to preclude investment transactions that are not authorized by
this Policy. The certification, as shown by example in Exhibit B, must be signed by a
qualified representative of the business organization. Investment Officers shall not buy
any securities from a firm or make deposits with a fund, pool or financial institution
that has not filed this instrument. Each time City Council approves a material revision
to the Investment Policy, the certification should be sent to the approved business
organizations along with the newly revised Investment Policy.
A. Broker/Dealers
The City shall select broker/deale`rs by their ability to provide effective market
access and may include "Primary Government Securities Dealers" or regional
dealers that qualify under Securities and Exchange Commission (SEC) Rule
150-1 (uniform net capital rule). Broker/dealers selected must be members in
good standing of the Financial Industry Regulatory Authority ("FINRA"), and be
licensed by the State of Texas. Each broker/dealer will be reviewed by
Investment Officers and a recommendation made for approval by City Council.
An "approved broker/dealer list", as shown in Exhibit A, shall be maintained by
the Investment Officers at all times and reviewed by the City Council on an
annual basis..
The City shall not enter into transactions with a broker/dealer until official City
Council approval.
B. Public Depositories/Financial Institutions
The City Council shall select a primary depository as required by law. The
primary depository as authorized by the City Council shall meet all requirements
of the state law concerning depositories for municipal funds (Chapter 105,
Government Code). The primary depository shall be selected through the City's
banking services procurement process, including a formal Request for Proposal
(RFP) issued in compliance with applicable State law, and offers the most
favorable terms and conditions for the handling of City funds.
The City may also establish agreements with other financial institutions under
separate contract for additional services that are necessary in the administration,
collection, investment, and transfer of municipal funds. Such deposits will only
be made after the financial institution has completed and returned the required
written instruments and depository pledge agreements. No deposit shall be made
except in a qualified public depository as established by State Law.
C. Investment Pools
Investment Officers may invest funds of the City through an eligible investment
pool with specific approval by resolution of City Council and execution of a
written agreement. To become eligible, investment pools must first meet all
requirements of State Law. They shall provide the City with an offering circular
that contains specific and detailed information, investment transaction
confirmations, and detailed monthly transaction and performance reports. Pools
shall have advisory boards composed of qualified members representing
participants and non -participants who do not have a business relationship with the
pool.. Before selection, pools shall be thoroughly reviewed and evaluated by
Investment Officers.
IX. Authorized and Suitable Investments
Authorized investments for municipal governments in the state of Texas are set forth in
the Public Funds Investment Act, as amended. Suitable investments for the City are
limited to the following:
E,t) Direct Obligations of the United States or its agencies and instrumentalities that
have a maximum stated maturity date of 5 years or less. Federal agencies and
instrumentalities that do not carry the explicit U.S. Government guarantee must
be continuously rated no lower than AAA/A-1 or an equivalent rating by at least
one nationally recognized rating agency.
bo Financial institution deposits placed with approved banks as described above
(section VIII -B) which have a maximum stated maturity date of 5 years or less
and are insured by the Federal Deposit Insurance Corporation, or their successors;
or secured as described in section XI Collateralization. Additionally, the City
may execute certificates of deposit through a depository institution that has its
main office or a branch office in Texas that participates in the Certificate of
Deposit Account Registry Service (CDARS), or similar program, and meets the
requirements of Section 2256.009(b).
Fully collateralized direct repurchase agreements with a defined termination date
of 90 days or less which are secured by obligations of the United States or its
agencies and instrumentalities and pledged with a third party other than an agent
for the pledgor. Investment Officers may invest in repurchase agreements
through an approved primary government securities dealer or an approved
depository bank as described above (section VIII -A, B). Each issuer of
repurchase agreements shall be required to sign a master repurchase agreement.
For flexible repurchase agreements executed with bond proceeds, the defined
termination date of 90 days or less may be waived to allow the term of the flexible
repurchase agreement to more closely match the expected term of the bond
project.
No load money market mutual funds registered with and regulated by the
Securities and Exchange Commission whose investment objectives include the
maintenance of a stable net asset value of $1 per share. Money market mutual
funds must maintain a AAAm, or equivalent rating from at least one nationally
recognized rating agency; and provide the City with a prospectus and other
information required by the Securities and Exchange Act of 1934 and be
specifically approved by CityCouncil or purchased through the City's primary
depository as an overnight investment tool. The City may not own more than
10% of the money market mutual fund's total assets.
L*) Approved investment pools as described above (section VIII -C) which are
continuously rated no lower than AAA, AAA -m or an equivalent rating by at least
one nationally recognized rating agency .
Investments Not Authorized - The following investments are not authorized under this
section:
a. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and pay no
principal;
b. Obligations whose payment represents the principal stream of cash flow from the
underlying mortgage-backed security collateral and bears no interest;
c. Collateralized mortgage obligations that have a stated final maturity date of greater
than ten years; and
d. Collateralized mortgage obligations the interest rate of which is determined by an
index that adjusts opposite to the changes in a market index.
Prudent measures will be taken to liquidate an investment that is downgraded to less
than the required minimum rating. The City is not required to liquidate investments
that were authorized investments at the time of purchase.
The purchase of stock is not an authorized investment for municipal governments.
However, stock may be accepted as a donation, provided that it is held in accordance
with the terms of the donation and sold as soon as it is advantageous to do so.
Reinvestment of proceeds must be in accordance with authorized and suitable
investments for the City as listed above. '
X. Marking to Market
All securities and certificates of deposit will be purchased or sold after at least three (3)
offers or bids are taken to verify that the City is receiving a fair market value or price
for the investment.
The market value shall continue to be monitored at least quarterly through on-line
investment software to which the City subscribes, the Wall Street Journal, or some
other independent market pricing source. The City shall not obtain market pricing from
business organizations who may engage in investment transactions with the City.
XI. Collateralization
Collateralization will be required on all deposits, certificates of deposit and repurchase
agreements. With the exception of deposits secured with irrevocable letters of credit at
100% of amount, the collateralization level shall be equal to at least one hundred two
percent (102%) of the aggregate market value of the deposit or investment including
accrued interest less an amount insured by the Federal Deposit Insurance Corporation.
Evidence of the pledged collateral shall be documented by a tri -party custodial or a
master repurchase agreement with the'collateral pledged clearly listed in the agreement.
Collateral shall be reviewed monthly to assure that the market value of the securities
pledged equals or exceeds the related deposit or investment balance.
Collateral requirements shall be in accordance with both the Public Funds Investment
Act and the Public Funds Collateral Act. Collateral underlying repurchase agreements
is limited to direct obligations of the United States or its agencies and instrumentalities.
The City shall accept a surety bond or the following investment securities as collateral
on deposits and certificates of deposit:
bz) Direct obligations of the United States or its agencies and instrumentalities.
Direct obligations of this state or its agencies and instrumentalities.
W Collateralized mortgage obligations directly issued by a federal agency or
instrumentality of the United States and excluding those mortgage backed
securities considered a high-risk mortgage security as described by Section
2257.0025 of the Government Code as well as those of the nature described by
section 2256.009 (b) of the Government Code.
w Other obligations that are guaranteed or backed by the full faith and credit of this
state or the United States or their respective agencies and instrumentalities.
w Obligations of states, agencies, counties, cities and other political subdivisions
rated not less than A or its equivalent.
E,-) Letters of credit issued by the United States or its agencies and instrumentalities.
Financial institutions serving as depositories will be required to sign a depository
agreement with the City. The collateralized deposit portfolio of the agreement shall
define the City's rights to the collateral in case of default, bankruptcy or closing and
shall establish a perfected security interest in compliance with Federal and State
regulations, including:
1. The agreement must be in writing;
2. The agreement has to be executed by the Depository and the City
contemporaneously with the acquisition of the asset:
3. The agreement must be approved by the Board of Directors or designated
committee of the Depository and a copy of the meeting minutes must be
delivered to the City; and
4. The agreement must be part of the Depository's "Official Record"
continuously since its execution.
XII. Safekeeping and Custody
Collateral shall be placed for safekeeping in a custodial account at the Federal Reserve
Bank or at an institution not affiliated with a firm pledging collateral acceptable to the
City. With the exception of the Federal Reserve, all safekeeping arrangements shall be
in accordance with a tri -party custodial agreement that clearly defines the
responsibilities of each party and outlines the steps to be taken in order for the City to
gain access to the collateral in the event of a "failure". The custodial agreement shall
be executed between the City, the firm pledging the collateral and the custodial
institution. All safekeeping receipts shall be delivered to the City and all collateral
(whether a pledge or substitution) shall be formally accepted and released by
Investment Officers.
All security transactions, including collateral for repurchase agreements, entered into
by the City shall be conducted on a delivery -versus -payment (DVP) basis. That is,
funds shall not be wired or paid until verification has been made that the correct
security was received by the safekeeping institution. Financial institution deposits,
pool funds, and mutual funds are excluded from this requirement. The investment shall
be held in the name of the City or on behalf of the City.
XIII. Diversification
The City will diversify its investments to eliminate an over -concentration of assets in
any one security type or institution.
b-,) Up to ninety percent (90%) 'par of the portfolio may be invested in direct
obligations of the United States (U.S. Treasury Securities).
Lkc) Up to seventy percent (70%) par of the portfolio may be invested in U.S. Agency
or Instrumentalities.
bt) No more than thirty percent (30%) par of the portfolio may be invested with any
one U.S. Agency or Instrumentality.
Er.) No more than eighty percent (80%) par of the portfolio may be invested in
certificates of deposit or repurchase agreements.
Up to one hundred percent (100%) par of the portfolio may be invested in
investment pools for liquidity purposes with no more than eighty percent (80%)
par of the portfolio invested in any one pool.
t� No more than fifty percent (50%) par of the portfolio may be invested in money
market mutual funds.
En) No more than thirty percent (30%) par of the portfolio may be invested with any
one institution in certificates of deposit and/or repurchase agreements.
XIV. Investment Strategies
The City shall maintain a separate investment strategy for each of the three fund types
represented in the portfolio.
A. Pooled Fund Groups
Suitability - Any investment eligible in the Investment Policy is suitable for
Pooled Fund Groups.
Safety of Principal - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However,
managing the weighted average days to maturity of each fund's portfolio to
less than 365 days and restricting the maximum allowable maturity to two
years using the final stated maturity dates of each investment will minimize
the price volatility of the portfolio.
Marketability - Investments with active and efficient secondary markets are
necessary in the event of an unanticipated cash flow requirement. Historical
market "spreads" between the bid and offer prices of a particular security -
type of less than a quarter of a percentage point will define an efficient
secondary market.
Li uidi —Pooled Fund Groups require the greatest short-term liquidity of
any of the fund -types. Short-term investment pools and money market
mutual funds will provide daily liquidity and may be utilized as a competitive
yield alternative to fixed maturity investments.
Diversification - Investment maturities should be staggered throughout the
budget cycle to provide cash flow based on the anticipated operating needs of
the City. Diversifying the appropriate maturity structure up to the two-year
maximum will reduce interest rate risk.
Yield - Attaining a competitive market yield for comparable investment -
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio will be the
minimum yield objective.
B. Debt Service Funds
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Suitability - Any investment eligible in the Investment Policy is suitable for
Debt Service Funds.
Safety of Principal - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Fundsto not exceed the debt service payment
schedule the market risk of the overall portfolio will be minimized. The
stated final maturity date on investments purchased shall not exceed the debt
service payment date unless excess funds are available. In that case,
maximum maturities shall not exceed two (2) years from the date of purchase
and the dollar weighted average maturity of the portfolio shall not exceed
365 days as is consistent with investment strategies for operating funds.
Marketability - Investments with active and efficient secondary markets are
not necessary as the event of an unanticipated cash flow requirement is not
probable.
Li uidi - Debt Service Funds have predictable payment schedules.
Therefore investment maturities should not exceed the anticipated cash flow
requirements. Investments pools and money market mutual funds may
provide a competitive yield alternative for short-term fixed maturity
investments. A singular repurchase agreement may be utilized if
disbursements are allowed in the amount necessary to satisfy any debt
service payment. This investment structure is commonly referred to as a
flexible repurchase agreement.
Diversification - Market conditions influence the attractiveness of fully
extending maturity to the next "unfunded" payment date. Generally, if
investment rates are anticipated to decrease over time, the City is best served
by locking in most investments. If the interest rates are potentially rising,
then investing in shorter and larger amounts may provide advantage. At no
time shall the debt service schedule be exceeded in an attempt to bolster
yield.
Yield - Attaining a competitive market yield for comparable investment -
types and portfolio restrictions is the desired objective. The yield of an
equally weighted, rolling three-month Treasury Bill portfolio shall be the
minimum yield objective.
C. Debt Service Reserve Funds
Suitability - Any investment eligible in the Investment Policy is suitable for
Debt Service Reserve Funds. Bond resolution and loan documentation
II
constraints and insurance company restrictions may create specific
considerations in addition to the Investment Policy.
Safety of Princival - All investments shall be of high quality with no
perceived default risk. Market price fluctuations will occur. However, by
managing Debt Service Reserve Fund maturities to not exceed the call
provisions of the borrowing will reduce the investment's market risk if the
City's debt is redeemed and the Reserve Fund liquidated. No stated final
investment maturity shall exceed the shorter of the final maturity of the
borrowing or five years. Annual mark -to -market requirements or specific
maturity and average life limitations within the borrowing's documentation
will influence the attractiveness of market risk and influence maturity
extension.
Marketability - Investments with less active and efficient secondary markets
are acceptable for Debt Service Reserve Funds.
Li ui i — Debt Service Reserve Funds have no anticipated expenditures.
The Funds are deposited to provide annual debt service payment protection
to the City's debt holders. The funds are "returned" to the City at the final
debt service payment. Market conditions and arbitrage regulation
compliance determine the advantage of investment diversification and
liquidity. Generally, if investment rates exceed the cost of borrowing, the
City is best served by locking in investment maturities and reducing liquidity.
If the borrowing cost cannot be exceeded, then concurrent market conditions
will determine the attractiveness of locking in maturities or investing shorter
and anticipating future increased yields.
Diversification - Market conditions and the arbitrage regulations influence
the attractiveness of staggering the maturity of fixed rate investments for
Debt Service Reserve Funds. At no time shall the final debt service payment
date of the bond issue be exceeded in an attempt to bolster yield.
Yield - Achieving a positive spread to the applicable borrowing cost is the
desired objective. Debt Service Reserve Fund portfolio management shall
operate within the limits of the Investment Policy's risk constraints.
XV. Internal Control
The City, in conjunction with its annual financial audit, shall perform a
compliance audit of management controls on investments and adherence to the
City's Investment Policy.
12
XVI. Performance Standards
The City intends to pursue an active versus a passive portfolio management
philosophy. That is, investments may be sold before they mature if market
conditions present an opportunity for the City to benefit from the trade.
The investment portfolio shall be designed with the objective of obtaining a rate
of return throughout budgetary and economic cycles that is consistent with risk
limitations and cash flow needs of the City. Given this strategy, the basis used by
Investment Officers to determine whether market yields are being achieved shall
be the average return on 90 day U.S. Treasury Bills. "Weighted average yield to
maturity" shall be the portfolio performance measurement standard.
XVII. Reporting
Investment Officers shall submit a monthly report to City Council summarizing
the results of the City's investment activity. This report shall include the status of
the current portfolio position, performance, trading activity, interest earnings and
collateral.
A quarterly report shall be submitted to the City Manager, as Chief Executive
Officer, and the City Council detailing investment transactions and performance
for the reporting period in accordance with State law. The report shall be jointly
prepared and signed by all Investment Officers. It shall include a summary
statement prepared in compliance with generally accepted accounting principles
for each fund type and a detailed listing that states the beginning market value,
changes to the market value, ending market value and fully accrued interest for
the period. In addition, Investment Officers shall report on adherence to the City's
investment strategies as expressed in this Policy.
In conjunction with the annual audit, the quarterly reports shall be formally
reviewed by the City's independent auditor on an annual basis and the results of
the review shall be reported to City Council.
XVIII. Investment Policy Adoption
The City's Investment Policy is hereby adopted by resolution of the City Council.
The City Council shall review and approve the Policy on an annual basis. This
Policy serves to satisfy the statutory requirement to define and adopt a formal
investment policy.
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EXHIBITS
14
Exhibit A
CITY OF BEAUMONT
Approved List
Broker/Dealers
Business/Oreanization
Broker/Dealers:
JP Morgan Chase Securities
Coastal Securities
Duncan -Williams, Inc.
Wells Fargo Brokerage
Services, LLC
Rice Financial Products Company
Morgan Keegan & Company, Inc.
15
Exhibit B
City of Beaumont, Texas
Certification By Business Organization
This certification is executed on behalf of the City of Beaumont (the Investor) and
(the Business Organization) pursuant to the Public Funds
Investment Act, Chapter 2256, Texas Government Code (the Act) in connection with investment
transactions conducted between the Investor and the Business Organization.
The undersigned Qualified Representative of the Business Organization hereby certifies on
behalf of the Business Organization that:
The undersigned is a Qualified Representative of the Business Organization offering to
enter an investment transaction with the Investor as such terms are used in the Public
Funds Investment Act, Chapter 2256, Texas Government Code and
2. The Qualified Representative of the Business Organization has received and reviewed the
Investment Policy furnished by the Investor and
3. The Qualified Representative of the Business Organization has implemented reasonable
procedures and controls in an effort to preclude investment transactions conducted
between the Business Organization and the Investor that are not authorized by the
Investor's Investment Policy, except to the extent that this authorization is dependent on
an analysis of the makeup of the Investor's entire portfolio or requires and interpretation
of subjective investment standards.
(Firm)
Qualified Representative of the Business Organization
(Signature)
(Name)
(Title)
(Date)
16
Pjj
June 15, 2010
Consider authorizing an interlocal agreement with the City of Pearland, Texas for the purchase of
a remittance processing system
RICH WITH OPPORTUNITY
BEAUMON*
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
RECOMMENDATION
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
June 15, 2010
Council consider authorizing an interlocal agreement with
the City of Pearland, Texas.
The administration recommends the authorization of an interlocal purchasing agreement with the
City of Pearland in order to award a contract to ProfitStars of Allen, Texas for the purchase of a
remittance processing system.
BACKGROUND
The City of Pearland, in compliance with bidding requirements of the State of Texas, has
awarded a contract for the purchase of a remittance processing system to ProfitStars. Chapter
791 of the Texas Government Code permits the extension of the contract to other government
entities by means of a joint interlocal purchasing agreement between the governmental entities.
The City has been notified by the vendor that the remittance processing system, software and
hardware, currently in use by the City's Cash Management Division is about to become obsolete.
This interlocal agreement will facilitate the City's purchase of a new remittance system from
ProfitStars at an already competitively bid price of $36,295.
A copy of the agreement is attached for review.
BUDGETARYIMPACT
The interlocal agreement has no budgetary impact.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an interlocal purchasing
agreement, substantially in the form attached hereto as Exhibit "A," with the City of
Pearland, Texas, which would allow participation in a contract with ProfitStars of Allen,
Texas, for the purchase of a remittance processing system for use by the Cash
Management Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into this 15th day of
June, 2010, by and between the City of Beaumont, Texas (hereinafter called
"Beaumont"), and the City of Pearland, Texas (hereinafter called "Pearland"), each
acting by and through its duly authorized officials:
WHEREAS, Beaumont and Pearland are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, Beaumont and Pearland wish to enter into this Agreement pursuant to
Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act")
to set forth the terms and conditions upon which Beaumont and Pearland may
purchase various goods and services commonly utilized by each entity;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the
taxpayers of Beaumont and Pearland through the anticipated savings to be realized
and is of mutual concern to the contracting parties;
WHEREAS, Beaumont and Pearland have purrent funds available to satisfy any fees
owed pursuant to this Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein; Beaumont and Pearland agree as
follows:
1. Beaumont and Pearland may cooperate in the purchase of various goods and
services commonly utilized by the participants, where available and applicable, and may
purchase goods and services from vendors under present and future contracts.
2. Beaumont and Pearland shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such conf(acts. Beaumont and Pearland shall each
make their respective payments from current revenues available to the paying party.
3. Notwithstanding anything herein to the contrary, participation in this Agreement
may be terminated by any party upon thirty (30) days written notice to the other
participating entity(ies).
4. The undersigned officer and/or agents of the party(ies) hereto are duly
authorized officials and possess the requisite authority to execute this Agreement on
behalf of the parties hereto.
5. This Agreement may be executed separately by the participating entities, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
EXHIBIT "A"
6. This Agreement shall become effective on the day and year first written above
(the "Effective Date"). The primary term of this Agreement shall be for one (1) year,
commencing on the Effective Date and terminating on June 14, 2011, and shall
thereafter automatically renew for successive one-year terms, unless terminated
according to the terms set forth in Paragraph 3.
7. To the extent allowed by law, each party agrees to release, defend, indemnify,
and hold harmless the other (and its officers, agents, and employees) from and against
all claims or causes of action for injuries (including death), property damages (including
loss of use), and any other losses, demands, suits, judgments and costs, including
reasonable attorneys' fees and expenses, in any way arising out of, related to, or
resulting from its performance under this agreement, or caused by its negligent acts or
omissions (or those of its respective officers, agents, employees, or any other third
parties for whom it is legally responsible) in connection with performing this agreement.
8 The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement.
9. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had neverbeen included.
10. This Agreement embodies the entire agreement between the parties and may
only be modified in writing executed by both parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs,
personal representatives and assigns. Neither party will assign or transfer an interest in
this Agreement without the written consent of the other party.
12. It is expressly understood and agreed that, in the execution of this Agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not
create any obligations, express or implied Qther that those set forth herein, and this
Agreement shall not create any rights in parties not signatories hereto.
13. The declarations, determinations and findings declared, made and found in
the preamble to this Agreement are hereby adopted, restated and made part
of the operative provisions hereof.
EXECUTED hereto on the day and year first above written.
CITY OF BEAUMONT
NAME/TITLE EXECUTING OFFICIAL
ATTEST:
NAME/TITLE EXECUTING PERSON
STATE OF TEXAS
2
COUNTY OF JEFFERSON §
Becky Ames,
Mayor
Tina Broussard,
City Clerk
APPROVED AS TO FORM:
Tyrone E. Cooper,
City Attorney
This instrument was acknowledged before me on the _ day of ,
2010, by of the City of Beaumont, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the _ day of ,
2010, by of the CITY OF PEARLAND, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
Notary Public in and for the
State of Texas
III
K,
June 15, 2010
Consider approving a contract for asphaltic concrete to be used by the Public Works Department
RICH WITH OPPORTUNITY
BEA,[IMON*
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
June 15, 2010
Council consider authorizing the award of a contract for
asphaltic concrete.
RECOMMENDATION
The administration recommends the award of a six (6) month contract to APAC-Texas, Inc., of
Beaumont, with an estimated total expenditure of $628,465.
BACKGROUND
Bids were requested for a six (6) month contract for asphaltic concrete to be used by the Public
Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for
repairing potholes and small sections of street, while hot laid asphaltic concrete is used for
repairs to larger street sections. It is estimated that approximately 9,600 tons of hot laid asphaltic
concrete and 700 tons of cold laid asphaltic concrete will be used during the term of the contract.
Five (5) vendors were notified with only APAC-Texas responding with a bid as reflected below.
Specifications requested pricing for both plant pickup by City personnel and job site delivery by
the vendor. The bidder met all product requirements specified and has previously held the
contract satisfactorily.
Six (6) Month Contract for Asphaltic Concrete
June 15, 2010
Page 2
The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit
prices:
Description
Plant Piet
Job Site livery
Hot Laid Concrete
$60.00/ton
$65.35/ton
Cold Laid Concrete
$74.95/ton
$79.55/ton
The prior contract period prices were as follows:
Description
Plant Pickup
Job Site Delivery
Hot Laid Concrete
$59.75/ton
$65.10/ton
Cold Laid Concrete
$74.95/ton
$79.55/ton
BUDGETARYIMPACT
Funds for the cold laid concrete are available in the Public Works operating budget. Funds are
available in the Capital Program for the hot laid concrete which is used for street rehabilitation.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
asphaltic concrete for use by the Public Works Department, Streets and Drainage Division;
and,
WHEREAS, APAC-Texas, Inc., submitted a bid in the estimated amount of
$628,465 in the unit amounts shown below:
; and,
Description
Plant Pickup
Job Site Delivery
Hot Laid Concrete
$60.00/ton
$65.35/ton
Cold Laid Concrete
$74.95/ton
$79.55/ton
WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas,
Inc., should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by APAC-Texas, Inc., fora six (6) month contract for the purchase
of asphaltic concrete for the Public Works Department, Streets and Drainage Division, in
the estimated amount of $628,465 in the unit amounts shown above be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
K
slu
June 15, 2010
Consider amending Chapter 10, Section 10-3 of the City Code of Ordinances regarding Fire
Service Fees
$IGH WITH OPPORTUNITY
IIEA,UMON*
T • E • % • A • S
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
June 15, 2010
REQUESTED ACTION: Council consider amending Chapter 10, Section
10-3(a) of the City Code of Ordinances regarding Fire
Service Fees.
RECOMMENDATION
Administration recommends Council amend Chapter 10, Section 10-3(a), of the Code of
Ordinances, to clarify the expenditures that may be billed for reimbursement when City
Departments respond to a hazardous material incident.
BACKGROUND
Section 10-3(a) of the Code of Ordinances, states:
"The fire chief is hereby authorized to calculate fees for the following fire related
services based on the equipment, materials and labor necessary in each instance to
provide the fire service. The person in control of the property or the person owning the
property, real or personal, involved shall be responsible to pay the amount charged for
such services upon receipt of a bill.
(1) Response to and mitigation of a spill or release into the environment of a hazardous
material as defined in chapter 27 of the International Fire Code.
(2) Response to and standby exceeding one (t) hour at the scene of a potential release of a
hazardous material as defined in chapter 27 of the International Fire Code.
(3) Response to and mitigation of an unauthorized open burning associated with land
clearing or demolition activities."
The purpose of this section is to reclaim the direct costs incurred by the City as a result of the
Fire Department's response and cleanup of hazardous material incidents. As it is written, the
language does not address the direct costs incurred by the other city departments who respond to
Fire Service Fees
June 15, 2010
Page 2
the same incidents. For example, most responses require services supplied by Police, Public
Works and/or Emergency Medical Services. In addition, the ordinance does not currently address
the costs incurred by the departments to replace, repair, or restock materials and equipment used
in the incident. It is proposed that an administrative fee of 15% of the total cost of the response
be assessed.
To provide clarification, the ordinance should be amended as follows: "The fire chief is hereby
authorized to calculate fees for the following hazardous material instances and other fire related
services based on the equipment, materials, and labor utilized by all responding City
Departments in each instance. Fees will be assessed using equipment, material and labor rates
set forth by citypolicy and includes a 15% administrative fee on the total cost of the response.
The person in control of the property or the person owning the property, real or personal,
involved shall be responsible to pay the amount charged for such services upon receipt of a bill."
BUDGETARY IMPACT
Amendment to the ordinance will allow reimbursement of all expenditures incurred in response
to a hazardous material incident.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 10,
SUBSECTION 10-3(a) TO CLARIFY EXPENDITURES THAT
MAY BE BILLED FOR REIMBURSEMENT IN RESPONSE TO
HAZARDOUS MATERIAL INCIDENTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 10, Subsection 10-3(a), of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Section 10-3. Fire service fees.
(a) The fire chief is hereby authorized to calculate fees for the following
hazardous material instances and other fire related services based on the
equipment, materials, and labor utilized by all responding city departments
in each instance. Fees will be assessed using equipment, material and labor
rates set forth by city policy and includes a 15% administrative fee on the
total cost of the response. The person in control of the property or the
person owning the property, real or personal, involved shall be responsible
to pay the amount charged for such services upon receipt of the bill.
(1) Response to and mitigation of a spill or release into the
environment of a hazardous material as defined in chapter 27 of the
International Fire Code.
(2) Response to and standby exceeding one (1) hour at the scene
of a potential release of a hazardous material as defined in chapter
27 of the International Fire Code.
(3) Response to and mitigation of an unauthorized open burning
associated with land clearing or'demolition activities.
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.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of,the City of Beaumont this the 15th day of
G'
June, 2010.
- Mayor Becky Ames -
June 15, 2010
Consider amending Section 13-16 of the Code of Ordinances establishing health fees
RICH WITH OPPORTUNITY
BEAi_UM0N*
T• E• X• A• S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
1�9LK17►�lui �l►`I 17:11 � t1)►1
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer 4
June 15, 2010
Council consider amending Section 13-16 of the Code of
Ordinances establishing health fees.
Administration recommends Council amend Chapter 13, Section 13-16, of the Code of
Ordinances, to reflect the name change to "Animal Services, " to separate fees for animal
services from general health fees, to increase various animal services fees, and to add a fee for
surrendering a dog or cat.
BACKGROUND
During FY 2009, the Police Department began management of the Animal Control Division.
Under the Department's Supervision, the name of the division has been changed to Animal
Services. Therefore, all references to "Animal Control" should be replaced with "Animal
Services."
In addition, Section 13-16 governs all health fees for the City of Beaumont which includes those
charged by the Beaumont Health Department and those charged by theAnimal Services
Division. The listing of fees within the ordinance includes both types of fees in no particular
order. For clarification purposes, the animal services fees should be combined together at the
end of the list of general health fees with a subheading of "Animal Services Fees."
The City Staff has been conducting a city-wide fee review. Animal services fees were last
amended in January 2000. The table below recaps the current and proposed fees.
Animal Services Fees
June 15, 2010
Page 2
A survey of other cities is attached for your review.
BUDGETARYIMPACT
The total increase in revenue generated by the higher animal services fees is approximately
$20,000 on an annual basis. The proposed fees attempt to cover increased operating costs and be
in line with cities offering comparable services.
Current
Proposed
Animal Service
Fee
Fee
Pound Fee
$ 30.00
$ 45.00
(first occurrence)
Pound Fee
85.00
85.00
(second occurrence)
Pound Fee
105.00
105.00
(third occurrence)
Pound Fee
150.00
150.00
(Fourth occurrence)
Rabies Vaccination Fees
10.00
15.00
Boarding Per Day
12.00
15.00
Dead Animal Removal Fee (up to
10.00
20.00
2 animals)
per trip
per trip
Dead Animal Removal Fee (more
3.00
5.00
than 2 animals)
per trip
per trip
Kennel Permit Fee
16.00
20.00
(less than 15 animals)
Kennel Permit Fee
15.00
25.00
(15 to 25 animals)
Kennel Permit Fee
25.00
35.00
(more than 25 animals)
Adoption Fee
30.00
30.00
Animal Surrender Fee - Cat
-
10.00
Animal Surrender Fee - Dog
-
20.00
A survey of other cities is attached for your review.
BUDGETARYIMPACT
The total increase in revenue generated by the higher animal services fees is approximately
$20,000 on an annual basis. The proposed fees attempt to cover increased operating costs and be
in line with cities offering comparable services.
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 13,
SECTION 13-16 TO CHANGE OR ADD VARIOUS HEALTH
FEES AND TO REFLECT A NAME CHANGE FROM "ANIMAL
CONTROL" TO "ANIMAL SERVICES;" PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 13, Sections 13-16, of the Code of Ordinances of the City of
Beaumont be and the same is hereby amended to read as follows:
Sec. 13-16. Health fees.
The City of Beaumont is hereby authorized to charge fees for services
in accordance with the following schedule:
Activity
Amount
STD treatment $20.00
Flu shots $20.00
Birth and death certificate fees:
(1) Issuing a certified copy of a birth certificate
$23.00
(2) Issuing a certified copy of a death certificate
$21.00
Note: The fee for the first certified copy of a certificate of
death is $21.00 and the fee for each additional copy of
the same certificate requested at the same time is $4.00.
Immunizations per person, per visit:
Childhood
$10.00
Adult
$15.00
Record Replacement
$5.00
Computer resource charge
$1.83
Search of vital records
$11.00
Expedited service fee
$10.00
Assistance with applications
$10.00
Medical records and billing search
$50.00
Notarized affidavit
$6.00
Additional signature
$1.00
Animal Services:
Pound fee (first occurrence)
$45.00
Pound fee (second occurrence)
$85.00
Pound fee (third occurrence)
$105.00
Pound fee (fourth occurrence)
$150.00
Rabies vaccination fees $15.00
Boarding per day $15.00
Dead animal removal fee, per trip (up to 2 animals) $20.00
Dead animal removal fee, per trip (more than 2 animals) $5.00
Kennel permit fee (less than 15 animals) $20.00
Kennel permit fee (15 to 25 animals) $25.00
Kennel permit fee (more than 25 animals) $35.00
Adoption fee $30.00
Animal surrender fee - cat $10.00
Animal surrender fee - dog $20.00
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
r
and, to such end, the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or parts of ordinances in conflict herewith, including conflicting
portions of the City Budget, are repealed to the extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -
0
June 15, 2010
Consider amending Chapter 20, Article II, Section 20-21 of the Code of Ordinances establishing
rental rates for city -owned event facilities
RICH WITH OPPORTUNITY
BEA,UMON*
T - E - % - A - S
TO:
FROM:
PREPARED BY:
MEETING DATE:
REQUESTED ACTION:
I��1J3i3i�1►117:11 � t1]►1
City Council Agenda Item
City Council
Kyle Hayes, City Manager
Laura Clark, Chief Financial Officer
June 15, 2010
Council consider amending Chapter 20, Article II, Section
20-21 of the Code of Ordinances establishing rental rates
for city -owned event facilities.
Administration recommends Council amend Chapter 20, Section 20-21, of the Code of
Ordinances, to increase various rental rates for event facilities.
BACKGROUND
The City Staff has been conducting a city-wide fee review. The goal of the fee review has been
to align the City's rates with rates of other cities with comparable programs and services and to
minimize the City's subsidy of programs and services, where possible. Rental rates for event
facilities were last updated December 9, 2003, while the rates for community centers were
updated in 2007, 2008, and 2009, as the new community centers became available for renting.
On June 8, 2010, a work session was held to discuss the proposed new rates for the Civic Center,
the Julie Rogers Theatre, the Jefferson Theatre, the new Event Center, Riverfront Park, After
Midnight fees, and Community Centers.
The proposed ordinance is attached for your review with the proposed changes highlighted in red.
BUDGETARY IMPACT
The total increase in revenue generated by increasing rental rates is approximately $150,000, in
aggregate, on an annual basis.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 20,
ARTICLE II, SECTION 20-21; PROVIDING FOR THE
INCREASE IN RENTAL RATES; PROVIDING FOR
TECHNICAL CLARIFICATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING
FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Section 20-21 of the Code of Ordinances of the City of Beaumont is hereby
amended to read as follows:
Sec. 20.21. Use rate schedule.
The following rates will apply to the use of the Civic Center complex facilities:
(a) The Civic Center.
(1) Commercial: Minimum rental shall be
Fifty ($1,7W Two Thousand ($2,000.00) Dollars per all day (8:00 am -
12:00 am), or ten (10) per cent of gross receipts, whichever is greater.
However, in consideration for city participation in furnishing facilities and
other assistance, higher percentage rates may be negotiated. Any
deviation from minimum rents} rate shall first be approved by the City
Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm) $899-ee $1,200.00 (includes
Saturday and
Sunday)
b. Evening (6:00 pm - 12:00 am): $1,190.09 $1,200.00
c. All day (8:00 am - 12:00 am): $4,3W.00 $1,500.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the City Manager.
(3) The uge of i i6demial spees withim to Givie G~, ii.a., dreseft reame.-
-A-
whom
eharge when said . salable and with the appre"I eF ft Gity
Memeger or his desigmee. Meeting room rates are as follows:
(b) Meeting rooms in the Civic Center.
(1) Commercial:
a. Matinee (8:00 am - 6:00 pm), per room $150.00
b. Evening (6:00 pm -12:00 am), per room $150.00
c. All day (8:00 am -12:00 am), per room $250.00
(2) Non-commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $76.00 $100.00
b. Evening (6:00 pm -12:00 am), per room: $100.00
c. All day (8:00 am -12:00 am), per room: $126.00 $150.00
(c) The Julie Rogers Theatre for the Performing Arts:
(1) Commercial: Minimum rental shall be One
Thousand ($1,000.00) Dollars per all day (8:00 am - 12:00 am), or ten
(10) per cent of gross receipts, whichever is greater; however, in
consideration for city participation in furnishing facilities and other
assistance, higher percentage rates may be negotiated. Any deviation
from minimum rental shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $588:88 $700.00
b. Evening (6:00 pm -12:00 am): $688:98 $700.00
c. All day (8:00 am -12:00 am): $898:98 $950.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals of percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the City Manager.
(d) Meeting rooms in the Julie Rogers Theatre:
(1) Commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $100.80 $150.00
b. Evening (6:00 pm -12:00 am), per room: $150.00
c. All day (8:00 am -12:00 am), per room: $225.00 $250.00
(2) Non-commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $75:98 $100.00
b. Evening (6:00 pm -12:00 am), per room:
$100.00
c. All day (8:00 am - 12:00 am), per room: $426.00 $150.00
(e) The Jefferson Theatre:
(1) Commercial: Minimum rental shall be eight humdred fifty One Thousand
dollars ($858-883 ($1,000.00) per all day (8:00 am - 12:00 am), or ten
(10) per cent of gross receipts, whichever is greater.; however, in
consideration for city participation in furnishing facilities and other
assistance, higher percentage may be negotiated. Any deviation from
minimum rental shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $688:98 $700.00
b. Evening (6:00 pm -12:00 am): $600.90 $700.00
c. A11 day (8:00 am -12:00 am): $890.99 $950.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage may be
negotiated. Any deviation from minimum rental shall first be approved by
the City Manager.
(f) 1fe"St-Filttb Event Center
(1) Commercial: Minimum rental shall be
One Thousand Five Hundred (1,500.00) Dollars per all day (8:00 am -
12:00 am), or ten (10) per cent of gross receipts, whichever is greater.
However, in consideration for city participation in furnishing facilities and
other assistance, higher percentage rates may be negotiated. Any
deviation from minimum rental shall be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $858:98 $900.00
b. Evening (6:00 pm - 12:00 am): $498:98 $900.00
c. All day (8:00 am - 12:00 am): $568:88 $1,125.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the City Manger.
(g) Great Lawn:
(1) Commercial:
All day (8:00 am - 12:00 am): $1,000.00
(2) Non-commercial:
All day (8:00 am -12:00 am): $750.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the City Manger.
(h) Riverfront Park.
(1) Commercial: Minimum rental shall be
Nine Hundred ($900.00) Dollars per all day (8:00 am -12:00 am), or ten
(10) per cent of gross receipts, whichever is greater. However, in
consideration for city participation in furnishing facilities and other
assistance, higher percentage rates may be negotiated. Any deviation
from minimum rental shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
1. Matinee (8:00 am - 6:00 pm): $56:99 $500.00
2. Evening (6:00 pm -12:00 am): $259-89 $500.00
3. All day (8:00 am -12:00 am): $800.09 $750.00
negotietedr Any deviation from minimum rental shall first be approved by
the City Manager.
(3) Amphitheater:
$150.00
(4) Pavilion only, all day (8:00 am -12:00 am): $I N-00 $250.00
(i) Ater midnight.
When any of the facilities of the Civic Center complex are used between the
hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following hourly
-Jl�.�-Jt�s'1'H'11'lli-1�'!■�1�'-
Civic Center, per hour.
Civic Center Meeting Rooms, per hour,
per room:
Julie Rogers Theatre, per hour:
Julie Rogers Theatre Meeting Rooms, per hour
per room:
Jefferson Theatre, per hour:
$75.60 $100.00
.. 0 0 1 IN 8
r'r�=.=wv 11 11J
..
l�C-Ia A -t -I IL X76-I.M--JMOi-1-1
Event Center, per hour:
Q) Community Centers
$300.00
.1-
0-1111-1
-.
Center, The Community Center rental rates are as follows:
Per hour (tw&-heur rnimirnurn) $68.0e
Alice Keith, per hour (minimum two hour rental) $75.00
Central Park, per hour (minimum two hour rental) $75.00
Northend, per hour (minimum two hour rental) $65.00
Rogers Park, per hour (minimum two hour rental) $75.00
Set-up and take-down of tables and chairs: $25.00
Set-up and take-down is allowed thirty (30) minutes before and after any event.
(k) Showmobilve:
The following rates will apply to the rental of the city showmobile:
Daily rate:
If out of city:
Plus mileage $5.00 per mile
ff rented for 10 or more days, daily rate $Iee.90 $150.00
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.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of
Beaumont, Texas.
Section 5.
This ordinance shall be effective from and after jantrary i, 2884. October 1, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 9th day
. 8th day of June, 2010.
- Mayor Becky Ames -
ORDINANCE NO.
ENTITLED AN ORDINANCE -AMENDING CHAPTER 20,
ARTICLE II, SECTION 20-21; ESTABLISHING RENTAL
RATES FOR THE EVENT CENTER; PROVIDING FOR AN
INCREASE IN RENTAL RATES; PROVIDING FOR
TECHNICAL CLARIFICATIONS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING
FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Section 20-21 of the Code of Ordinances of the City of Beaumont is hereby
amended to read as follows:
Sec. 20-21. Use rate schedule.
The following rates will apply to the use of the Civic Center complex facilities:
(a) The Civic Center. -
(1) Commercial: Minimum rental shall be Two Thousand ($2,000.00)
Dollars per all day (8:00 am - 12:00 am), or ten (10) per cent of gross
receipts, whichever is greater. However, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum rate
shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm) $1,200.00
(includes Saturday and Sunday)
b. Evening (6:00 pm - 12:00 am): $1,200.00
c. All day (8:00 am - 12:00 am): $1,500.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or percentage
rates may be negotiated. Any deviation from minimum rental shall first
be approved by the City Manager.
(3) Meeting room rates are as follows:
(b) Meeting rooms in the Civic Center:
(1) Commercial:
a. Matinee (8:00 am - 6:00 pm), per room $150.00
b. Evening (6:00 pm - 12:00 am), per room $150.00
c. All day (8:00 am - 12:00 am), per room $250.00
(2) Non-commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $100.00
b. Evening (6:00 pm - 12:00 am), per room: $100.00
c. All day (8:00 am - 12:00 am), per room: $150.00
(c) The Julie Rogers Theatre for the Performing Arts:
(1) Commercial: Minimum rental shall be One Thousand ($1,000.00)
Dollars per all day (8:00 am - 12:00 am), or ten (10) percent of gross
receipts, whichever is greater; 'however, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $700.00
b. Evening (6:00 pm - 12:00 am): $700.00
c. All day (8:00 am - 12:00 am): $950.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals of percentage
rates may be negotiated. Any deviation from minimum rental shall first
be approved by the City Manager.
(d) Meeting rooms in the Julie Rogers Theatre:
(1) Commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $150.00
b. Evening (6:00 pm - 12:00 am), per room: $150.00
c. All day (8:00 am - 12:00 am), per room: $250.00
(2) Non-commercial:
a. Matinee (8:00 am - 6:00 pm), per room: $100.00
(e)
(f)
b. Evening (6:00 pm - 12:00 am), per room: $100..00
c. All day (8:00 am - 12:00 am), per room: $150.00
The Jefferson Theatre:
(1) Commercial: Minimum rental shall be One Thousand dollars
($1,000.00) per all day (8:00 am - 12:00 am), or ten (10) per cent of
gross receipts, whichever is greater.; however, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage maybe negotiated. Any deviation from minimum rental shall
first be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $700.00
b. Evening (6:00 pm - 12:00 am): $700.00
c. All day (8:00 am - 12:00 am): $950.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or percentage
may be negotiated. Any deviation from minimum rental shall first be
approved by the City Manager.
Event Center.
(1) Commercial: Minimum rental shall be One Thousand Five
Hundred Dollars ($1,500.00) per all day (8:00 a.m. - 12:00 a.m), or ten
(10) per cent of gross receipts, whichever is greater. However, in
consideration for city participation in furnishing facilities and other
assistance, higher percentage rates may be negotiated. Any deviation
from minimum rental shall be approved by the City Manager.
(2) Non-commercial (minimum rental):
a. Matinee (8:00 am - 6:00 pm): $900.00
b. Evening (6:00 pm - 12:00 am): $900.00
c. All day (8:00 am - 12:00 am): $1,125.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or percentage
rates may be negotiated. Any deviation from minimum rental shall first
be approved by the City Manager.
(g) Great Lawn:
(1) Commercial:
All day (8:00 am - 12:00 am): $1,000.00
(2) Non-commercial:
All day (8:00 am - 12:00 am): $750.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or percentage
rates may be negotiated. Any deviation from minimum rental shall first
be approved by the City Manger.
(h) Riverfront Park:
(1) Commercial: Minimum rental shall be Nine Hundred ($900.00)
Dollars per all day (8:00 am - 12:00 am), or ten (10) per cent of gross
receipts, whichever is greater. However, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the City Manager.
(2) Non-commercial (minimum rental):
1. Matinee (8:00 am - 6:00 pm): $500.00
2. Evening (6:00 pm - 12:00 pm): $500.00
3. All day (8:00 am 12:00 am): $750.00
Any deviation from minimum rental shall first be approved by the
City Manager.
(3) Amphitheater: $150.00
(4) Pavilion only, all day (8:00 am - 12:00 am): $250.00
(i) After midnight.
When any of the facilities of the Civic Center complex are used between
the hours of 12:00 a.m. through 7:00 a.m., said use shall be at the following
hourly rates:
Civic Center, per hour: $500.00
Civic Center Meeting Rooms, per hour, per room: $100.00
Julie Rogers Theatre, per hour: $300.00
Julie Rogers Theatre Meeting Rooms, per hour
per room: $100.00
Jefferson Theatre, per hour: $300.00
Event Center, per hour: $300.00
0) Community Centers
The Community Center rental rates are as follows:
Alice Keith, per hour (minimum two hour rental) $75.00
Central Park, per hour (minimum two hour rental) $75.00
Northend, per hour (minimum two hour rental) $65.00
Rogers Park, per hour (minimum two hour rental) $75.00
Set-up and take-down of tables and chairs: $25.00
Set-up and take-down is allowed thirty (30) minutes before and after
any event.
(k) Showmobile:
The following rates will apply to the rental of the city showmobile:
Daily rate: $300.00
If out of city: Plus mileage $5.00 per mile
If rented for 10 or more days, daily rate $150.00
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.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
Section 5.
This ordinance shall be effective from and after October 1, 2010.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June, 2010.
- Mayor Becky Ames -