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Home My WebLink AboutPACKET MAY 14 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 14, 2019 1:30 PM CONSENT AGENDA * Approval of minutes — April 30, 2019 * Confirmation of board and commission member appointments A) Approve the City of Beaumont Investment Policy B) Authorize the settlement of the lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926 C) Approve a payment to Motorola for a maintenance agreement to support the 800 MHz radio system D) Approve a resolution accepting payment for a weed lien and waiving interest for property located at 3150 Waverly 0 BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 14, 2019 REQUESTED ACTION: Council consider a resolution approving the City of Beaumont Investment Policy. BACKGROUND State law mandates the City Council to review the Investment Policy and approve modifications, if any, on an annual basis. The City last made amendments to the Investment Policy on January 9, 2018 through resolution 18-003. Three modifications are being proposed to the policy by the City. The first modification relates to Section VIII. Selection of Financial Dealers, Institutions and Investments Pools of the investment policy. Language was updated to clearly define "business organization" as an investment pool or discretionary investment management firm as outlined in Section 2256.005 of the Texas Government Code. The second modification relates to Section IX. Authorized and Suitable Investments of the investment policy. Language was added to clarify that no-load money market mutual funds must have an average weighted maturity of less than two years. The third modification is updating the broker/dealer list shown in exhibit A of the investment policy. Hancock Whitney will be added to the approved broker/dealer list. Due to inactivity, it is recommended that the City remove the following business/organizations from the list; Duncan Williams, Inc, JP Morgan Chase Securities, Rice Financial Products Company, and Raymond James. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the resolution. 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. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames - BEAUMONT TEXAS Investment Policy Adopted by City Council May 14, 2019 EXHIBIT "A" City of Beaumont - Investment Policy Table of Contents I. Introduction................................................................................................................ I II. Scope............................................................................................................................I III. Prudence..................................................................................................................... I IV. Objectives....................................................................................................................1 A. Safety of Principal..........................................................................................2 B. Liquidity..........................................................................................................2 C. Public Trust....................................................................................................2 D. 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. Competitive Environment.........................................................................................7 XI. Collateralization.........................................................................................................7 XII. Safekeeping and Custody..........................................................................................8 XIII. Diversification............................................................................................................9 XIV. Investment Strategies................................................................................................9 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 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 Permanent Funds. All are pooled for investment purposes except debt service and debt service reserve funds, and the natural gas account. 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 investment'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 safety of principal, liquidity, public trust, and yield. 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 principal 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, where appropriate. 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 with 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 approved as Investment Officers of the City. 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 eight (8) hours of instruction not less than once every two years thereafter. The two-year period shall begin on the first day of the City's fiscal year and consist of the two consecutive fiscal years after that date. 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 investment pool or discretionary investment management firm 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 investment pool or discretionary investment management firm. Each time City Council approves a material revision to the Investment Policy, the certification should be sent to the approved investment pool or discretionary investment management firm along with the newly revised Investment Policy. A. Broker/Dealers 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 15C3- 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 the Investment Officers and a recommendation will be made for approval by the City Council. An "approved broker/dealer list", as shown in ExhibitA, shall be maintained by the Investment Officers at all times and approved 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 4 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 Application (RFA) 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 the 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: 6 ♦ Direct Obligations of the United States or its agencies and instrumentalities that have a maximum stated maturity date of 5 years or less. ♦ Financial institution deposits placed with approved financial institutions 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, and other forms of deposit, in any manner authorized by the Public Funds Investment Act. ♦ Fully collateralized direct repurchase agreements with a defined termination date of 90 days or less which are secured by cash or obligations of the United States or its agencies and instrumentalities and pledged with a third parry 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; have a average weighted maturity of less than two years; 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. ♦ 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. Not less than quarterly, the Investment Officers will monitor the credit rating for each held investment that has a Public Fund Investment Act required minimum rating. Any Authorized Investment that requires a minimum rating does not qualify during the period the investment does not have the minimum rating. 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. Competitive Environment It is the policy of the City to provide a competitive environment for all individual security purchases and sales, financial institution deposits, and money market mutual fund and local government investment pool selections. The Investment Officers shall develop and maintain procedures for ensuring competition in the investment of the City's funds. X1. Collateralization Collateralization will be required on all financial institution deposits 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 custodial or a master repurchase agreement with the eligible collateral clearly listed in the agreement. Collateral shall be reviewed at least monthly to assure that the market value of the securities pledged equals or exceeds the related deposit or investment requirement. 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: ♦ Direct obligations of the United States or its agencies and instrumentalities. Direct obligations of this state or its agencies and instrumentalities. ♦ 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. ♦ 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. ♦ Obligations of states, agencies, counties, cities and other political subdivisions rated not less than A or its equivalent. 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 portion 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. All safekeeping arrangements shall clearly define the responsibilities of each party and outline 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, as applicable. 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. ♦ Up to ninety percent (90%) par of the portfolio may be invested in direct obligations of the United States (U.S. Treasury Securities). ♦ 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. ♦ 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 fifty percent (50%) par of the portfolio may be invested in money market mutual funds. XIV. Investment Strategies The City shall maintain a separate investment strategy for each of the 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 three 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 financial institution deposits, 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 three-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 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 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. 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. Financial institution deposits, 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 10 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 constraints and insurance company restrictions may create specific considerations in addition to the Investment Policy. 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 Reserve Fund maturities to generally 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. 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 11 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. D. Natural Gas Account Suitability — Any investment eligible in the Investment Policy is suitable for the Natural Gas Account. 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 to less than 365 days and restricting the maximum allowable maturity to three 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. Liquidity — Natural Gas Account funds require moderate short-term liquidity. Short-term financial institution deposits, 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 anticipated expenditure schedule. Diversifying the appropriate maturity structure up to the three-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. 12 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. XVI. Performance Standards The City intends to pursue an active versus a passive portfolio management philosophy. That is, investments may be sold or redeemed 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. "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 for each fund type and a detailed listing that states the beginning 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. 13 EXHIBITS 14 Exhibit A CITY OF BEAUMONT Approved List Broker/Dealers Business/Organizations Broker/Dealers: FTN Financial Capital Markets Mutual Securities, Inc. Oppenheimer & Co. Wells Fargo Brokerage Services, LLC Hancock Whitney Certificate of Deposit Purchase Program: PFM Asset Management LLC 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: 1. 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 1� BEAUMONT T E X A S TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: May 14, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926. BACKGROUND The lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926 was presented and discussed in Executive Session held on April 30, 2019. The City Attorney is requesting authority to settle this suit in the amount of $ 55,087.51. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926, was discussed in Executive Session properly called and held Tuesday, April 30, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the matter of Christine H. Mickles in the lawsuit styled Christine H. Mickles v. City of Beaumont, Texas; Cause No. 197,926, for the sum of Fifty -Five Thousand Eighty -Seven and 51/100 Dollars ($55,087.51); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames - c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Bart Bartkowiak, Chief Technology Officer MEETING DATE: May 14, 2019 13B REQUESTED ACTION: Council consider a resolution approving a payment to Motorola for a maintenance agreement to support the 800 MHz radio system. BACKGROUND The 800 MHz radio system is used by EMS, Fire, Police and numerous other departments throughout the City for daily communications. The agreement is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain the radio infrastructure. The maintenance agreement provides for constant monitoring of the radio system and 911 dispatch centers as well as dispatching of repair personnel with replacement parts when required. The 800 MHz radio system is shared with Jefferson County, Hardin County, Orange County, the City of Orange, the cities of Groves, Nederland, Port Arthur and Port Neches, the Port of Beaumont, BISD, Water District No.10, ESD3, ESD4, Acadian and Lamar University's Police Department. The cost of the maintenance contract is in the amount of $209,449.00 and is allocated among all agencies by the number of radios each agency has on the system. This maintenance contract will cover from May 1, 2019 to July 31, 2019. As the grant recipient, the City of Beaumont is responsible for paying the entirety of the Motorola maintenance contract in the amount of $209,449.00. Funding from the Department of Homeland Security 2017 Port Security Grant Program (PSGP) will cover 75% of this maintenance in the amount of $157,086.75. The 25% match will be shared among all participating entities. The City of Beaumont's portion of the match will be $15,529.86. FUNDING SOURCE Capital Reserve Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT- THAT the City Manager be and he is hereby authorized to approve a payment in the amount of $209,449.00 to Motorola, of Schaumburg, Illinois, a sole source provider, for an annual Service Agreement for support of the shared 800 MHz radio system; and, THAT, as the grant recipient, the City is responsible for paying the entirety of the Motorola maintenance contract in the amount of $209,449.00 with reimbursement to be made by the participating entities of their portions of the match; and, BE IT FURTHER RESOLVED THAT the Service Agreement is effective May 1, 2019 and will terminate July 31, 2019. Said Service Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames - MoroaoLa soLurIoNs 1299 E Algonquin Road Schaumburg, IL 60196 (800) 247-2346 Date: 03-APR-2019 Company Name: Beaumont, City Of Attn.: Billing Address: City, State, Zip Code: Customer Contact: Phone: Terry Lefleur Po Box 3827 Beaumont, TX 77704 Terry Lefleur 409--785-3022 SERVICE AGREEMENT Contract Number: USC000005054 Contract Modifier: R01-APR-18 P.O.#: N/A Customer #: 1013010533 Bill to Tag#: 0017 Contract Start Date: 01-MAY-2019 Contract End Date: 31-JUL-2019 Payment Cycle: IMMEDIATE Currency: USD QTY MODEL/OPTION SERVICES DESCRIPTION MOEXT NTHLY EXTENDED AMT ***** Recurring Services ***** SVC01SVC1102C DISPATCH SERVICE $2,078.39 $6,235.10 SVC01SVC1103C NETWORK MONITORING $3,968.39 $11,905.10 SVC01SVC1104C TECHNICAL SUPPORT $2,017.67 $6,052.85 SVC01SVC1413C ONSITE INFRASTRUCTURE $35,701.42 $107,104.10 RESPONSE -PREMIER SVC01SVC1108C INFRASTRUCTURE REPAIR $26,050.62 $78,151.85 Sub Total $69,816.33 $209,449.00 Taxes $0.00 $0.00 SPECIAL INSTRUCTIONS -ATTACH STATEMENT OF WORK FOR PERFORMANCE Grand Total $69,816.33 $209,449.00 DESCRIPTIONS Due to the age of this 7.11 system, all Services are provided using commercially reasonable efforts, and without guarantee that these services will resolve problems or restore THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING JURISDICTIONS WHERE APPLICABLE, TO BE VERIFIED BY MOTOROLA operation of the network or products. Motorola Solutions reserves the right to cancel a SOLUTIONS service without notice which may become unavailable due to non -recoverable equipment failure. I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE CUSTOMER (PRINT NAME) TITLE DATE 7gaA� �G uZd C.S.M. 4-4-2019 MOTOROLA WRESENTATIVE (SIGNATURE) TITLE DATE EXHIBIT "A" MARK PIZZINO MOTOROLA REPRESENTATIVE (PRINT NAME) Company Name Contract Number Contract Modifier Contract Start Date Contract End Date Revised June 16, 2018 Beaumont, City Of U SC000005054 R01-APR-18 01-MAY-2019 31-J U L-2019 281-217-7345 PHONE Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the customer named in this Agreement ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either (1) maintenance, support, or other services under a Motorola Service Agreement, or (2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola's then -applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other Revised June 16, 2018 than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non -hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. INVOICING AND PAYMENT 8.1 Customer affirms that a purchase order or notice to proceed is not required for the duration of this service contract and will appropriate funds each year through the contract end date. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within twenty (20) days of the invoice date. 8.2 Customer will reimburse Motorola for all property taxes, sales and use taxes, excise taxes, and other taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. The Customer will pay all invoices as received from Motorola. At the time of execution of this Agreement, the Customer will provide all necessary reference information to include on invoices for payment in accordance with this Agreement. 8.3 At the end of the first year of the Agreement and each year thereafter, a CPI percentage change calculation shall be performed. Should the annual inflation rate increase greater than 5% during the previous year, Motorola shall have the right to increase all future maintenance prices by the CPI increase amount exceeding 5%. The Midwest Region Consumer Price Index (https://www.bis. og v/regions/mountain-plains/news-release/consumemriceindex midwest.htm), All items, Not seasonally adjusted shall be used as the measure of CPI for this price adjustment. Measurement will take place once the annual average for the new year has been posted by the Bureau of Labor Statistics Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90) days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customer's sole remedy is to require Motorola to re -perform the non -conforming Service or to refund, on a pro-rata basis, the fees paid for the non -conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non -performing party a written and detailed notice of the default. The non -performing party will have thirty (30) days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non -performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of Revised June 16, 2018 termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 10.3 If the Customer terminates this Agreement before the end of the Term, for any reason other than Motorola default, then the Customer will pay to Motorola an early termination fee equal to the discount applied to the last three (3) years of Service payments for the original Term. Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at anytime by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY Revised June 16, 2018 During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect. 17.2. This Agreement and the rights and duties of the parties will be interpreted in accordance with the laws of the State in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that parry's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1) YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. Revised June 16, 2018 ED] TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 14, 2019 REQUESTED ACTION: Council consider a resolution accepting payment in the amount of $185.00 for a weed lien and waiving interest in the amount of $542.48. 1 t I OI,-lpZl14a 11 On August 21, 1989, a weed lien was attached to property legally described as West Oakland L18 B32 (3150 Waverly). The principal amount due is $185.00, total interest accrued since the filing of said lien is $542.48 with a lien assessment fee of $3.00, for a total amount of $730.48. The property owner is requesting a waiver for the interest. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. April 8, 2019 Mr. Todd Simoneaux CFO, City of Beaumont P.O.-Box.3872- Beaumont, TX 77704 RE: Weed Lien, West Oakland L18 B32, 3150 Waverly, JCAD #068000-000-055300- 00000-7, Charles J. Modiste, Deceased LIEN FILED 08/21/1989; ASSESSMENT $185,00; INT $541.77; TOTAL $726.77 LIEN ASSESSMENT FEE $3.00 for a Subtotal of $729.77 Dear Sir: I am Sidney J. Modiste, son of my 96-year-old mother, Vera K. Modiste, and deceased father, Charles J. Modiste (as of 2002). I have been attending to my mother's finances for the last several years, and it was only brought to my attention that there was a lien on the aforementioned property during an attempt to sell said property. Thatwas.the first time.thatthis-was-noted-to-be-outstanding.-I.ha-ve.been-through-all- of my parents' financial papers for years, and at no time did I see any notice or statement referencing the above. Since she is on a fixed income with limited means, I am petitioning you to forgive the interest and fees charged and allow her to pay the assessment principal as payment in full. I reside in California and obtained tax records via the website available, and that did not indicate there were any other debts. I and they never (during my time attending to their affairs) received any notice or statement regarding this property lien. Therefore, I have no supporting documents to present. It would be greatly appreciated if you and the City of Beaumont could forgive the interest and fees. Thank you very much for your time and consideration. Sidney_. J. _Mo-diste_ 6542 Eaton Court Granite Bay, CA 95746 916-772-7987 home 916-768-7988 mobile smodiste@yahoo.com RESOLUTION NO. WHEREAS, one (1) weed lien in the amount of $730.48, represented by $185.00 in principal, $542.48 in interest, and $3.00 in lien assessment fee exist against property described as 3150 Waverly, West Oakland L18 B32; and, WHEREAS, the owner of the property, Charles Modiste, is deceased; and, WHEREAS, Modiste Family Trust Charles J & Vera K Trustees is attempting to sell the property described as 3150 Waverly, West Oakland L18 B32 and the net balance of the pending sale will be greatly diminished by said lien; and, WHEREAS, the City recommends approving payment in the amount of $188.00, being $185.00 in principal and $3.00 in lien assessment fee, for the pay off of one (1) weed lien on property described as 3150 Waverly, West Oakland L18 B32, and waiving interest in the amount of $542.48 is in the best interest of the City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the lien payoff for 3150 Waverly, West Oakland L18 B32 be and it is hereby approved in the amount of $188.00, being $185.00 in principal and $3.00 in lien assessment fee and interest be and is hereby waived in the amount of $542.48-1 and; BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to execute all documents necessary to evidence the release of the weed liens in the amount of $730.48 for the above described property in return for the payment of $185.00 in principal and $3.00 in lien assessment fee. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames - BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS MAY 14, 2019 1:30 PM AGENDA CALL TO ORDER * Invocation Pledge Roll Call ELECTION OF MAYOR AND COUNCILMEMBERS * Consider approval of an ordinance canvassing the results of the May 4, 2019 City General Election * Administration of the oath of office * Councilmembers/City Manager comments * Recess RECONVENE MEETING * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda item No. 2/Consent Agenda * Consent Agenda 1. Consider a request for a Specific Use Permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder Avenue 2. Consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2019 Port Security Grant Program COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Donald Winfrey Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. May 14, 2019 Consider approval of an ordinance canvassing the results of the May 4, 2019 City General Election BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager AD PREPARED BY: Tina Broussard, City Clerk, TRMC MEETING DATE: May 14, 2019 REQUESTED ACTION: Council consider approval of an ordinance canvassing the results of the May 4, 2019, City General Election. BACKGROUND The Election Code, Section 67.003, states that each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer not earlier than the eighth day or later than the eleventh day after Election Day. Council shall meet and canvass the returns and officially declare the results. Elected officials will be sworn in and take office in their respective positions. The canvassing totals that are reflected in the attached draft ordinance are not the final canvassing numbers as they will be provided by the Jefferson County Early Voting Clerk on or before May 14, 2019. RECOMMENDATION Approval of ordinance. ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD ON THE 4TH DAY OF MAY 2019, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, FOUR (4) WARD COUNCILMEMBERS (WARDS I, II, III AND IV) AND TWO (2) COUNCILMEMBERS-AT- LARGE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council of the City of Beaumont, in session, duly called the general election to be held on the 4th of May, 2019, and the election returns of the votes cast in said election were canvassed for the following officials: Official for the office of Mayor; Officials for the offices of Ward Councilmembers (Ward I, II, III and IV) and two (2) Councilmembers-At-Large, and, WHEREAS, after duly canvassing said returns, the City Council finds that the votes cast at said election for the candidates for said offices are as follows. - Office of Mayor: Votes Percentages Joshua D. Yates 283 2.11 % Jude Paredez 143 1.07% Becky Ames 7,466 55.65% Geary D. Seniguar, Jr. 4,553 33.93% Bill Lambert 974 7.26% Office of Councilmember at Large: Votes Percentages Albert "AX Turner 4,042 19.22% Randy Feldschau 4,246 20.19% William "Bill Bo Bo" Sam 4,096 19.48% Marinette Landry Parkerson 724 3.44% T.J. Rodman Tony Renfro W.L. Pate, Jr. Taylor S. Neild, Sr. Virginia H. Jordan Taher Quraishi Councilmember Ward II: Jefferson Fisher Mike Getz Councilmember Ward III: Christopher Jones "Unc" Audwin Samuel Robin Mouton ; and, 349 1.66% 2,836 13.48% 4,739 22.53% Votes Percentages 1,672 44.33% 1,766 46.82% 334 8.85% Votes Percentages 2,170 45.59% 2,590 54.41 % Votes Percentages 712 29.29% 1,719 70.71 % Votes Percentages 1,993 100.00% WHEREAS, no candidate for Councilmember Ward I received the necessary votes required by Charter to be elected, a run-off election is required, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the results of said regular City election be and the same are hereby declared to have been as set out herein, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas: For Mayor: For Councilmember-At-Large For Councilmember-At-Large Councilmember Ward II Councilmember Ward III Councilmember Ward IV: Becky Ames W.L. Pate, Jr. Louis R. Feldschau Mike Getz Audwin M. Samuel Robin Mouton Section 2. The City Council of the City of Beaumont further finds that notice of said election was duly and properly given as required by law, and that said election was duly held and returns thereof were duly made by the proper officials of said election and in all things according to law. Section 3. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. .qPrfinn 4 That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May 2019. - Mayor Becky Ames - ATTEST. - Tina Broussard, City Clerk 0 May 14, 2019 Consider a request for a Specific Use Permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder Avenue A jkTAA Aear;m TEXAS TO: City Council FROM: Kyle Hayes, City Manager 013 PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: May 14, 2019 REQUESTED ACTION: Consider a request for a Specific Use Permit to allow a multiple - family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder Avenue. BACKGROUND Zulag Properties, L.L.C., requested a Specific Use Permit for the property located at 7155 Calder Avenue. They are requesting permission to establish a multiple -family dwelling complex in the form of townhomes. These townhomes will be for lease only and will not be available for individual ownership. The complex will consist of sixteen (16) buildings with four (4) townhomes in each building, for a total of sixty-four (64) units. At a Joint Public Hearing held on April 15, 2019, the Planning Commission recommended 7:0 to deny the request for a Specific Use Permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling) District located at 7155 Calder Avenue with the following conditions: 1. Engineering requires five (5) handicap parking spaces with a minimum of one (1) van accessible parking space 2: Provide a five (5) foot wide sidewalk along Calder Avenue. The Zoning Ordinance states, "The City Council shall not amend, supplement, change, modify or repeal any regulation, restriction or boundary or approve a Specific Use Permit where a protest against such change (has been filed), signed by the owners of twenty percent (20016) or more either of the area of the lots included in such proposed change or of the lots or land immediately adjoining the same and extending two hundred (200) feet therefrom, except by the favorable vote of three fourths (314) of all the members of the City Council." Protest against this request was received from 30.8% of the lots and land immediately adjoining the subject property. Therefore a favorable vote of three -fourths (3/4) of all the members of the City Council shall be required to approve the requested Specific Use Permit. Given the extensive discussion of traffic concerns related to this proposed development during the public hearing, the Public Works Department conducted a supplementary analysis (see attached). This analysis supports the original recommendation in that while the additional dwelling units will add congestion, it will not be enough of an impact to downgrade the "Level of Service" of the roadway. This holds true even with the additional traffic associated with the recent expansion of Calder Woods. Due to concerns raised at the public hearing, engineering staff recommend adding and/or altering the following conditions: 2. Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road. 3. Remove all driveways entering and exiting from Pinchback Road. FUNDING SOURCE Not applicable. RECOMMENDATIONS Approval of the request with the following conditions: 1. There must be a minimum of one van accessible handicap spot. However, it is preferable to provide one at each building. The southernmost building must have a designated parking area. 2. Provide five (5) foot wide sidewalks along Calder Avenue and Pinchback Road. 3. Remove all driveways entering and exiting from Pinchback Road. Preliminary Traffic Impact Evaluation for a Proposed Townhome Complex at 7155 Calder Avenue Level of Service The Highway Capacity Manual (a worldwide reference for transportation engineers) uses a concept called level of service (LOS) to quantify and evaluate traffic delay and congestion. • Levels A, B, C: Acceptable Conditions • Level D: Approaching unstable conditions, consider further evaluation • Level E: Unstable with congested conditions • Level F: Bumper -to -Bumper traffic Standard Per the HCM, Calder Avenue is categorized as a 2-lane, undivided street with left turn lanes at busy intersections and coordinated signals. This type of roadway is considered to be almost congested when the volume is 8,900 to 18,300 vehicles per day. Pinchback Road is classified as a 2-lane residential road. Residential roads with a volume of less than 1,000 vehicles per day are considered comfortable for residents based on livability. Results The 2016 TxDOT Urban Saturation Maps indicate a volume of 6,422 vehicles per day on Calder Avenue, just east of Pinchback Road. The townhomes are expected to generate 351 total daily trips (see table in Appendix A.) A worst -case scenario can be assumed by placing all new traffic onto Calder Avenue, increasing the volume to 6,773 vehicles per day. The level of service, currently level C, is unaffected by the increased volume. Likewise, placing all new traffic onto Pinchback Road will increase the daily volume from 919 vehicles per day to 1,270 vehicles per day. This sends Pinchback Road over the comfortable livability threshold, however this area is not densely populated and consists of a few houses, businesses, and small apartment complexes. Conclusion A preliminary evaluation with maximum additional traffic and the lower limit of a congested road (i.e. worst -case scenario), resulted in Calder Avenue's level of service being unaffected by the proposed townhomes. It remained at level C, which is considered acceptable for this type of roadway. A detailed impact study should be done for developments generating 100 or more new trips in a peak hour or a complex exceeding 100 units. The proposed townhomes consisting of 64 units will generate approximately 36 peak hour trips. A thorough traffic impact analysis from the developer is not required due to the proposed facility not meeting the minimum criteria recommended for analyses. BEAUMONT Public Works What is Level of Service (LOS)? Level of Service fs aqua ntitative measure of traffic operational conditions_ Ranges of operation are defined for each type of roadway section (signalized Intersections, freeways, ramp junctions and weaving sections) and are related to the amount of traffic demand at a given time as compared to the capacity of that type of roadway section. Six levels of service are defined for each type of roadway section and are given letter designations from A to F, with A representing good operating conditions and F representing unsatisfactory operating conditions. Intersection Roadway Highly stable, free -flow condition with little or no congestion LOS A ---- - 'T,.. Free flowing - -. - Delay: <t0 secondslvehlcle �N E_ �_L2j Uninterrupted vehicle Stable, tree -flow condition with 4 WIN L Q ^ J I _ ., F r r-1_ _ _y1 Stable flow �� Other vehicles are more little congestion t x+l _ - - '. .k."--� `-----�- noticeable Delay: 10 to 20 secondslvehicle - ... _... Stable Oow Free -flow condition with LOS C �-._. - I, I _ : affected moderate congestion *I :l 'NMI, '�%` by otheVehicle rvehicless Delay: 20 to 35 secondslvehlcle Approaching unstable condition with increasing congestion _ High density free flow - LOS D t��'s"t�a�� - operation of vehicle is ON - �I��1 : ��L �+t-= affected by other vehldes-,, Delay: 35 to 55 secondslvehicle High density traffic flow. Unstable, congealed condition _ i I r I t nearing capacity L O S E Delay: 55 to 80 secondslvehicle r - _ t Ii t I I Oparating condlllons am .M extremcty poor Stop and go _ Fomad or breakdown flow LOS_--- — - �� Amount tra�fc Delay: >80 secondslvehlcle "�Mg -� of exceeds r --- capacity ZULAG AVARY11 X April 11, 2019 Mayor Becky Ames Director Chris Boone Beaumont City Council 801 Main St. Beaumont, TX 77701 ZULAG PROPERTIES LLC RE: Planning Commission Meeting on April 15, 2019 Dear Mayor Ames and Director Boone, I am writing in regard to the City of Beaumont Planning Commission meeting of the Apartment/Townhome complex. The City of Beaumont Planning Commission meeting held on April 151h, 2019 denied my application request based upon The City of Beaumont's lack of funding to install a traffic light, concern for the safety of the residents of Calder Woods, and statements given by the representative of Calder Woods of having too many motor vehicle accidents at the Calder Avenue and Pinchback Road intersection. The cost of a traffic light can be greatly reduced by installing a four-way stop sign at Calder Avenue and Pinchback Road intersection. The Apartment/Townhome complex will provide its residents with a gated community. The information provided by the Calder Wood representative is inaccurate. I have included the communication list provided by Beaumont Police Department (Records Department) on April 17, 2019 documenting a record of all motor vehicle accidents from 2016 to current. This report confirms there on one accident in 2016, four in 2017 and none in 2018 and 2019. I request Mayor Beck Ames and Director Chris Boone to inquire about the Planning Commission decision at this meeting and hope fair action will be taken by proper authorities 17291 IH-10 Vidor, Texas 77662 Tel: (409) 466-5995 Fax: (409) 422-0612 zulaepropertiesPgmail.com https://zulaeproPerties.com Call Time Event ID UWZGD/2U1b 14 2'U160161593 01/22/2017 09 20170016671 04/19/2017 11 20170083120 05/02/2017 16 20170093485 12/23/2017 01 20170270149 COMMUNICATIONS Rpt # Street Nature Additi 2016023018 7099 CALDER AVE/PINCHB TRAFFIC ACCIDEN MSAG= 2017001739 7099 CALDER AVE/PINCHB TRAFFIC ACCIDEN CHECK 2017009382 300 PINCHBACK RD/CALDE TRAFFIC ACCIDEN (S)WAR 2017010505 7099 CALDER AVE/PINCHB TRAFFIC ACCIDEN (S)WAR 2017030124 300 PINCHBACK RD/CALDE TRAFFIC ACCIDEN (S)WAR Report Generated: 04/17/2019 11:32:37 1 User ID: JUANITA 11PSAPPIOSSICADICADImtlOntion LandscaoeStandard p�no of 1 SPECIFIC USE PERMIT APPLICATION BEAUMONT, TEXAS (Chapter 30, City Codes) TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS APPLICANT'S NAME: .Z ` K APPLICANT'S ADDRESS: I' D-91 APPLICANT'S PHONE #: dog - 2 7 1� FAX #: fir, 9 7 "1 ► s3 NAME OF OWNER: n 1kal. ADDRESS OF OWNER: 172.91 IN -, b LOCATION OF PROPERTY: 7153 C u�E� e L/�F.� �rz� i nr� p1.a..ie AS I ylk LEGAL DESCRIPTION OF PROPERTY: LOT NO. BLOCK NO. rn-13.3#1cr OR TRACT 9`1 I `l' `� �+ i 2 3 PLAT SURVEY C- w ; I) l'a t"' NUMBER OF ACRES NUMBER OF ACRES ). 2 • t Y-1 , 4 s S' , s o 7 For properties not in a recorded subdivision, submit a copy of a current survey or plat showing the properties proposed for a specific use permit, and a complete legal field note description. l t vu� I "v15 I "'&f PROPOSEDUSE: ib&JJ AAn-4CS 6s-r3%KucTla ZONE: 6 L %14 _O -2 ATTACH A LETTER describing all processes and activities involved with the proposed uses. ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet. ATTACH A REDUCED 8 %" X 11" PHOTOCOPY OF THE SITE PLAN. THE EIGHT CONDITIONS listed on the back side of this sheet must be met before City Council can grant a specific use permit. PLEASE ADDRESS EACH CONDITION IN DETAIL. ATTACH THE APPROPRIATE APPLICATION FEE: LESS THAN % ACRE.................................................................$250.00 '/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00 5 ACRES OR MORE...................................................................$650.00 I, being the undersigned applic areas depicted on the site plan SIGNATURE OF understand that all of the conditions, dimensions, building sizes, landscaping and parking � by adhered to as amended and approved by City Council. SIGNATURE OF OWNER: i+L��`' (IF NOT APPLICANT) DATE: PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT PLANNING DIVISION 801 MAIN STREET, ROOM 201 FILE NUMBER: ZJ-1 BEAUMONT, TX 77701 DATE RECEIVED: Phone - (409) 880-3764 Fax - (409) 880-3133 PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES. ZUL46p P9'&O ZULAG PROPERTIES LLC March 22, 2019 PLANNING DIVISION, ROOM 201 CITY HALL, 801 MAIN STREET BEAUMONT, TX. 77701 P. O. BOX 3827 77704 Re: Construction of Townhomes We are submitting this application for the below legal descriptions to be approved for the construction of Townhomes. 7155 Calder/Calder Frontage/Phelan Blvd. C WILLIAMS-ABS 59 TR99 SP-6 2.364AC C WILLIAMS-ABS 59 TR93 SP-6 2.15AC C WILLIAMS-ABS 59 TR94 SP-6 .658AC C WILLIAMS-ABS 59 TR123SP-6 .5.07AC Total Acres 5.68 o That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; o That the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; o That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; o The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent development; o That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; o That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; o That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; and o That the proposed use is in accordance with the Comprehensive Plan. I appreciate your consideration in allowing Zulag Properties a part of the City of Beaumont development. Sincerely, Muhammad Kapadia 17291 IH-10 Vidor, Texas 77662 Tel: (409) 273.1453 Fa : (409) 750.7183 zulagproperties( an�ail.com https://zulagproo_erties.corri ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A MULTIPLE -FAMILY DEVELOPMENT IN A GC-MD-2 (GENERAL COMMERCIAL -MULTIPLE FAMILY DWELLING-2) DISTRICT AT PROPERTY LOCATED AT 7155 CALDER AVENUE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, Zulag Properties, L.L.C. has applied for a specific use permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 7155 Calder Avenue, being Plat SP-6, Tracts 93, 94-A, 99 & 123, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 5.68 acres, more or less, as shown on Exhibit 'A" attached hereto; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request and is recommending denial of a specific use permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family Dwelling-2) District at 7155 Calder Avenue, subject to the following conditions: and, • Engineering requires five (5) handicap parking spaces with a minimum of one (1) van accessible parking space • Provide a five (5) foot wide sidewalk along Calder Avenue WHEREAS, the City Council is of the opinion that the issuance of such specific use permit to allow a multiple -family development is in the best interest of the City of Beaumont and its citizens; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this ordinance are hereby, in all things, approved and adopted; and, Section 1. That a specific use permit to allow a multiple -family development in a GC-MD-2 (General Commercial -Multiple Family-2) District at 7155 Calder Avenue, being Plat SP- 6, Tracts 93, 94-A, 99 & 123, C. Williams Survey, Abstract 59, Beaumont, Jefferson County, Texas, containing 5.68 acres, more or less, as shown on Exhibit "A," is hereby granted to Zulag Properties, L.L.C., its legal representatives, successors and assigns, as shown on Exhibit "B," attached hereto and made a part hereof for all purposes, subject to the following conditions: • Engineering requires five (5) handicap parking spaces with a minimum of one (1) van accessible parking space • Provide a five (5) foot wide sidewalk along Calder Avenue. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 28 of the Code of Ordinances of Beaumont, Texas, as amended, as well as comply with any and all federal, state and local statutes, regulations or ordinances which may apply. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames - 1377-P: Request for a Specific Use Permit to allow a multi -family development in a VM-2 (General Commercial -Multiple Family Dwelling-2) District. icant: Zulag Properties, L.L.C. tion: 7155 Calder Avenue 100 200 300 400 1 1 1 I Feet EXHIBIT "A" -------------------------------------------------------- ------------------------ -- .. C A L D E R A V E --- -- - ----------------------- -------------- -- • t'5 I I�� IJJ_I_I_IJJ� • • r.1 • I V'-•,�, ff5C01'I e ° G.F.N. 27309 o I I I I —I a — ii 6) IIF TIF III b En®mnersseol PROPOSED CALDER WEST TOWN HOMES 10' WATER UNE EASEMENT wo�I srni« w I I I mill IL CONCEPTUAL SRE LOCATION NOT A SURVEY 1 N' CALDER WEST TOWN HOMES r?oa OMacF 0Mr7 Conceptual Site Plan 1 "=30' AIN 0n1e 3m/NII9 siwel ME m 2 x LL 2 May 14, 2019 Consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2019 Port Security Grant Program BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: May 14, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for and receive funding through the Department of Homeland Security 2019 Port Security Grant (PSGP) Program. BACKGROUND The Homeland Security Grant Program consists of a number of grant programs, one of which is the Port Security Grant Program (PSGP). This grant can be utilized to enhance the security of the Port of Beaumont and the agencies that support it since the Port is designated as critical to national infrastructure. The grant will cover three projects with a total estimated cost of $1,730,444. Approximately $1,044,815 would be applied toward the required annual maintenance service to the regional radio system; $559,303 will be used to replace approximately 117 mobile and portable radios that are past end -of -life, 20 radio chargers and 23 radio batteries; and $126,326 would be applied toward a tactical response equipment project to include 14 ballistic vests, 10 mounts for night vision optics to attach them to helmets, 3 ballistic rifle grade bunkers, 12 ballistic rifle and pistol shields, 3 ballistic blankets, 2 extension cables, 1 x-ray machine, 1 bounce imaging camera and 1 portable steel ramp. The federal grant will cover 75% of the project totals. The match related to the regional radio system is shared by all of the jurisdictions using the system. The match for the other two projects will be paid for by the City of Beaumont. FUNDING SOURCE Funds will be budgeted in the Capital Reserve in the FY 2020 Budget. The total match for the City of Beaumont is estimated to be $258,797. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to apply for and receive funding in an amount up to $1,730,444.00 through the Department of Homeland Security 2019 Port Security Grant Program (PSGP) BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents necessary to apply for and accept grant funding through the Department of Homeland Security 2019 Port Security Grant Program (PSGP) in an amount up to $1,730,444.00. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of May, 2019. - Mayor Becky Ames -