HomeMy WebLinkAbout10/27/2020 PACKETBEAUMONT
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, OCTOBER 27, 2020 1:30 PM
CONSENT AGENDA'
Approval of minutes — October 20, 2020
Confirmation of board and commission member appointments
A. Authorize the City Manager to execute an Earnest Money Contract and other related
documents for the sale of city -owned property located at 747 College Street
B. Approve the purchase of an upgrade to the City's document management software,
Laserfiche, from MCCi, LLC
C. Approve the renewal of an annual maintenance agreement with Tyler Technologies for
software used. by Municipal Court
D. -Adopt a Financial Management Policy for the City of Beaumont
E. Approve the purchase of firefighter protective clothing
0
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works and Technology
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
execute an Earnest Money Contract and other related documents for
the sale of city -owned property located at 747 College Street.
BACKGROUND
Wheeler Commercial has secured one (1) potential buyer who is interested in purchasing
city -owned property -located at 747 College Street. After reviewing the Earnest Money Contract,
it is in the best interest of the City of Beaumont to execute the Earnest Money Contract with Gerald
Condon Properties, Ltd. with a cash offer in the amount of $175,000.00.
Condon Properties, Ltd will deposit $25,000.00 as earnest money to Texas Regional Title for a
feasibility period of forty-five (45) days. If Condon Properties, Ltd. terminates the earnest money
contract, $1,000.00 of the -earnest money will not be refunded to Condon Properties, Ltd. The
date of closing will be fourteen (14) days after the expiration of the feasibility period.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the resolution.
�.1 TEXAS REACTORS
COMMERCIAL CONTRACT - IMPROVED PROPERTY
USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSO, INC. IS NOTAUTHORIZED.
®Texas Association of REALTORSQD Inc. 2018
1. PARTIES: Seller agrees to sell and convey to Buyer the Property described in Paragraph 2. Buyer -agrees
to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are:
Seller: City of Beaumont
Address: 801 Main St, Beaumont, TX 7771
Phone: (409)880-3152 E-mail:
Fax: Other:
Buyer: Gerald Condon'Properties. Ltd., a Texas limited partnership
Address: 550 Interstate 10 SsBeaumont, TX 77707-4017
Phone: (409)338-1118 E-mail: acondon999(aD_aol.com
Fax: Other: (409)659-1356
2. PROPERTY:
A. "Property" -means that real property situated in - Jefferson County, Texas at
747 College Street, Beaumont, TX. 77701 (address)
and that is legally described on the attached Exhibit or as follows:
Lot Numbers 487 to .498 of Original Townsite to the City of. Beaumont, Jefferson County, Texas,
as the same appears, upon the map or plat thereof, on file.and of record in Vol. 448.Page 249,
Map Records of Jefferson County, Texas
B. Seller will sell and convey the Property together with:
(1) all buildings, improvements, and fixtures;
(2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and
interest in any minerals, utilities, adjacent streets, alleys, strips, gores, and rights -of -way;
(3) Seller's interest in all .leases, rents, and security deposits for all or part of the Property;
(4) Seller's interest in all licenses and permits related to the Property;
(5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the: Property .or
any fixtures;
(6) Seller's interest in any trade names, if transferable, used in connection with the Property; and
(7) all Seller's tangible personal property located on the Property that is used in connection with the
Property's operations except:
Any personal property not included in the sale must be removed. by Seller prior to closing.
(Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.)
(If mineral rights are to be reserved an appropriate addendum should be attached.)
(If the Property is a condominium, attach Commercial Contract Condominium Addendum (TXR-1930) 'or
(TXR-1946).)
3. -SALES PRICE: At or before closing, Buyer will pay the following sales price for the Property:
A. Cash portion payable by Buyer at closing ......................... $ 175,000.00
B. Sum of all financing described in Paragraph 4 ..................... $
C. Sales price (sum of 3A and 3B) ............................ $ 175,000.00
(rXR-1801) 4-1-18 Initialed for Identification by Selle ' and Buyer Page 1 of 14
JAeWheeler,40DNechesBeaumont7X77701 Phon
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747 College Street, Beaumont, TX. 77701
Commercial Contract- Improved Property concerning
4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3B as follows:
❑ A. Third Party Financing: One or more third party loans in the total amount of $ This
contract:
H
(1) is not contingent upon Buyer obtaining third party financing.
(2) is contingent upon Buyer obtaining third party financing in accordance with the attached
Commercial Contract Financing Addendum (TXR-1931).
FIB. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TXR-1931),
Buyer will assume the existing promissory note secured by the Property, which balance at closing will
be $
❑ C. Seller Financing: The delivery of a promissory note and deed of trust from Buyer to Seller under the
terms of the attached Commercial Contract Financing Addendum (TXR-1931) in the amount of
5. EARNEST MONEY:
A. Not later than 3 days after the effective date, Buyer must deposit $ . $25,000.00 as earnest money
with Texas Regional Title Company (title company)
at 7675 Folsom Building 100 Beaumont, TX 77706 (address) Molly Mallet (closer).
If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of
Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits
the earnest money.
B. Buyer will deposit an additional amount of $ with the title company to' be made
part of the earnest money on or before:
H
(i) days after Buyer's right to terminate under Paragraph 7B expires; or
(ii)
Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph5B
within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount.
C. Buyer may instruct the title company to deposit the earnest money in an interest -bearing account at a
federally insured financial institution and to credit any interest to Buyer.
6. TITLE POLICY, SURVEY, AND UCC SEARCH:
A. Title Policy:
(1) Seller, at Seller's expense, will furnish Buyer an Owner's Policy of Title Insurance (the title policy)
issued by any underwriter of the title company in the amount.of the sales price, dated at or after
closing, insuring Buyer against loss under the title policy, subject only to:
(a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and
(b) the standard printed exceptions contained in the promulgated form of title policy unless this
contract provides otherwise.
(2) The standard printed exception as to discrepancies, conflicts, or shortages in area and boundary
lines, or any encroachments or protrusions, or any overlapping improvements:
❑(a) will not be amended or deleted from the title policy.
X (b) will be amended to read "shortages in areas" at.the expense of ❑X Buyer ❑Seller.
(3) Within 20 days after the effective date, Seller will furnish Buyer a commitment for title insurance
(the commitment) including legible copies of recorded documents evidencing title exceptions. Seller
authorizes the title company to deliver the commitment and related documents to Buyer at Buyer's
address,
(TXR-1801) 471-18 Initialed for Identification by Selle and Buyer Page 2 of 14
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B. Survey: Within 10 days after the effective date:
❑ (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of, the survey to
Seller. The survey must be made in accordance with the: (I) ALTAMSPS Land Title Survey
standards, or (ii) Texas Society of Professional Surveyors' standards for a Category 1A survey
under the appropriate condition. Seller will reimburse Buyer (insert
amount) of the cost of the survey at closing, if closing occurs.
❑ (2) Seller, at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. .
The survey must be made in accordance with the: (i) ALTAINSPS Land Title Survey- standards, or
(ii) Texas Society of Professional Surveyors' standards for a Category. 1A survey under the
appropriate condition.
0 (3) Seller will deliver to Buyer and the title company a true and correct copy. of Seller's most recent
survey= of the Property along with an affidavit required by the title company for approval of the
existing survey. If the existing survey is not acceptable to the title company, ❑ Seller ❑X Buyer
(updating party), will, at the updating party's expense, obtain a new or updated survey acceptable
to the title company and deliver the acceptable survey to the other party and the title company
within 30 days after the title company notifies the parties that the existing survey is not acceptable
.to the title company. The closing date will be extended daily up to 30 days if necessary for the
updating party to deliver an acceptable survey within the time required. The' etheF paFty will
C. UCC Search:
❑ (1) Within days after the effective date, Seller, at Seller's expense, will furnish Buyer a Uniform
Commercial Code (UCC) search prepared by a reporting service and dated after the effective date.
The search must identify documents that are on file with the Texas Secretary of State and the
county. where the Property is located that relate to all personal property on the Property and show,
as debtor, Seller and all other owners of the personal property in the last 5 years.
❑X (2) Buyer does not require Seller to furnish a UCC search.
D. Buyer's Objections to the Commitment Survey, and UCC Search:
(1) Within 10 days after Buyer receives the last of the commitment,. copies. of the documents
evidencing the title exceptions, any required. survey, and any required UCC search, Buyer may
object -to matters disclosed in the items if: (a) the matters disclosed area restriction upon the
Property or constitute a defect or encumbrance to title to the real or personal property described in
Paragraph 2 other than those permitted by this contract or liens that Seller will satisfy at closing or
Buyer will assume at closing; or (b) the items show that any part of the Property lies in a special
flood hazard area (an "A" or W" zone as defined by FEMA). If the commitment or survey is revised
or any new document evidencing a title exception is delivered, Buyer may object to any new matter
revealed in such revision or new document. Buyer's objection must be made within the same
number of days stated in.this paragraph, beginning whenthe revision or new document is delivered
to Buyer. If Paragraph 613(1) applies, Buyer is deemed to receive the survey on the.earlier of: (i) the
date Buyer actually receives the survey; or (ii) the deadline specified in Paragraph 6B.
(2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 days after Seller
receives the objections. The closing date will be extended as necessary to provide such time to
cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate
this contract by providing written notice to Seller within 5 days after the time by which Seller must
cure the -objections. If Buyer terminates, the earnestmoney, less any independent consideration
under Paragraph 7B(1), will be refunded to Buyer.
(rXR-1801) 4-1-18
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(3) Buyer's failure to timely object or terminate under this Paragraph 6D is a waiver of Buyer's right to
object except that Buyer will not waive the requirements in Schedule C of the commitment.
7. PROPERTY CONDITION:
A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's
expense, will complete the following before closing:
B. Feasibility Period: Buyer may terminate this contract for any reason within 45 days after the
effective date (feasibility period) by providing Seller written notice of termination.
(1) Independent Consideration. (Check only one box and insert amounts.)
❑X (a) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less
$ 1,000.00 that Seller will retain as independent consideration for .Buyer's
unrestricted right to terminate. Buyer has tendered the independent consideration to Seller
upon payment of the amount specified in Paragraph 5A to the title company. The independent
consideration is to be credited to the sales price only upon closing of the sale. If no dollar
amount is stated in this Paractrarh 7Bf1) or if Buyer fails to deoosit the earnest money. Buyer
will not have the right to terminate under this Paragraph 7B.
❑ (b) Not later than 3 days after the effective date, Buyer must pay Seller $ as
independent consideration for Buyer's right to terminate by tendering such amount to Seller or
Seller's agent..if Buyer terminates under this Paragraph 713, the earnest money will be refunded
to Buyer and Seller will retain the independent consideration. The independent consideration
will be credited to the sales price only upon closing of the sale. If no dollar amount is stated in
this Paragraph 7B(2) or if Buyer fails to pay the independent consideration Buyer will not have
the right to terminate under this Paragraph 7B.
(2) Feasibility Period Extension: Prior to the expiration of the initial feasibility period, Buyer may extend
the feasibility period for a single period of an additional days by depositing additional
earnest money in the amount of $ with the title company. If no dollar
amount is stated in this Paragraph or if Buyer fails to timely deposit the additional earnest money,
the extension of the feasibility period will not be effective.
C. Inspections. Studies. or Assessments:
(1) During the feasibility period, Buyer, at Buyer's expense, may complete or cause to be completed
any and all inspections, studies, or assessments of the Property (including all improvements and
fixtures) desired by=Buyer.
(2) Seller, at Seller's expense, will turn on all utilities necessary for Buyer to make inspections, studies,
or assessments.
(3) Buyer must:
(a) employ only trained and qualified inspectors and assessors;
(b) notify Seller, in advance, of when the inspectors or assessors will be on the Property;
(c) abide by any reasonable entry rules or requirements of Seller;
(d) not interfere with existing operations or occupants of the Property; and
(e) restore the Property to its original condition if altered due to. inspections, studies, or
assessments that Buyer completes or causes to be completed.
(4) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is
responsible for any claim, liability, encumbrance, cause of tion, and expense resulting from
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Buyer's inspections, studies,, or assessments, including any property damage or personal injury.
Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim
involving a matter for which Buyer is responsible under this paragraph. This paragraph survives
termination of this contract.
D. Property
Information:
(1)
Delivery of Property Information: Within 10 days after the effective date, Seller will deliver to
Buyer: (Check all that apply.)
(a) a current rent roll of all leases affecting the Property certified by Seller as true and correct; .
(b) copies of all current leases, including any mineral leases, pertaining to the Property, including
any modifications, supplements, or amendments to the leases;
❑
(c) a current inventory of all personal property to be conveyed under this contract and copies, of
any leases for such personal property;
❑
(d) copies of all notes and deeds of trust against the Property that Buyer will assume or that -Seller
will not pay in full on or before closing;
❑
(e) copies of all current service, utility, maintenance, and management agreements relating to the
ownership and operation of the Property;
(f) copies of current utility capacity letters from the Property's water and sewer service provider;
(g) 'copies of all current warranties and guaranties relating to all or part of the Property; -
(h) copies of fire, hazard, liability, and other insurance policies that currently relate to the Property;
(i) copies of all leasing or commission agreements that currently relate to the tenants of all or part
of the Property;
!j) a copy of the "as -built" plans and specifications and plat of the Property;
(k) copies of all invoices for utilities and repairs incurred by Seller for the Property in the 24 months
immediately preceding the effective date;
❑
(1) a copy of Seller's income and expense statement for the Property from
to ;
❑X
(m) copies of all previous environmental assessments, . geotechnical reports, studies, or analyses
made on or relating to the Property;
(n) real and personal property'tax statements for the Property for the previous 2 calendar years;
(o) Tenant reconciliation statements including, operating expenses, insurance and taxes for the
Property from to ; and
❑
(p)
(2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than
10 days after the termination date: (Check all that apply.)
(a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in
other than an electronic format and all copies that Buyer made of those items;
0 (b) delete or destroy all electronic versions of those items described in Paragraph 7D(1) that Seller
delivered to Buyer or Buyer copied in any format; and
0 (c) deliver to Seller copies .of all inspection and assessment reports related to the Property that
Buyer completed or caused to be completed.
This Paragraph 7D(2) survives termination of this contract.
E. Contracts Affecting Operations: Until closing, Seller: (1) will operate the Property in the same manner
as on the effective date under reasonably prudent business standards; and (2) will not transfer or
dispose of any part of the Property, any interest or right in the Property, or any of the personal property
or other items described in Paragraph 2B or sold under this contract. After the feasibility period ends,
Seller may not enter into, amend, or terminate any other contract that affects the operations of the
Property without Buyer's written approval.
(T)(R-1801) 4-1-18
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Commercial Contract - Improved Property concerning 747 College Street- Beaumont, TX. 77701
8. LEASES:
A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect
according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease,
or make any amendment or modification to any existing lease without Buyer's written consent. Seller
must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer
or subsequently occur before closing:
(1) any failure by Seller to comply with Seller's obligations under the leases;
(2) any circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets
or damages;
(3) any non -occupancy of the leased premises by a tenant;
(4) any advance sums paid by a tenant under any lease;
(5) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect
any lease; and
(6) any amounts payable under the leases that have been assigned or encumbered, except as security
for loan(s) assumed or taken subject to under this contract.
B. Estoppel Certificates: Within days after the effective date, Seller will deliver to Buyer estoppel
certificates signed not earlier than by each tenant that leases space
in the Property. The estoppel certificates must include the certifications contained in the current version
of TXR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested
by a third party lender providing financing under Paragraph 4 if the third party lender requests such
additional information at least 10 days prior to the earliest date that Seller may deliver the signed
estoppel certificates.
9. BROKERS:
A. The brokers to this sale are:
Principal Broker: Wheeler Commercial Cooperating Broker:
Agent: Lee Y. Wheeler, III
Address: 400 Neches
Beaumont, TX. 77701
Phone & Fax: (409)899-3300
E-mail: lwheeler@_wheelercommercial.com
License No.: 467055
Agent: _
Address:
Phone & Fax:
E-mail:
License No.:
Principal Broker: (Check only one box) Cooperating Broker represents Buyer.
Fv_1 represents Seller only.
represents Buyer only.
is an intermediary between Seller and Buyer.
B.Fees: (Check only (1) or (2) below.)
(Complete the Agreement Between Brokers on page 14 only if (1) is selected.)
❑ (1) Seller will pay Principal Broker the fee specified by separate written commission agreement
between Principal Broker and Seller. Principal Broker will pay Cooperating Broker the fee specified
in the Agreement Between Brokers found below the parties' signatures to this contract.
X❑ (2) At the closing of this sale, Seller will pay:
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Principal Broker a total cash fee of:
N
3.000 % of the sales price
Cooperating Broker a total cash fee of:
H
% of the sales price.
The cash fees will be paid in Jefferson . County, Texas. Seller authorizes
the title company to pay the brokers from the Seller's proceeds at closing..
NOTICE: Chapter 62, Texas Property Code, authorizes a broker to secure an earned commission
with a lien against the Property.
C. The parties may not amend this Paragraph 9 without the written .consent of the brokers affected by the
amendment.
10. CLOSING:
A. The date of the closing of the sale (closing date) will be on or before the later of:
(1) X 14 days after the expiration of the feasibility period.
(specific date).
(2) 7 days after objections made under Paragraph 6D have been cured or waived.
B. If either party fails to close by the closing date, the non -defaulting party may exercise the remedies in
Paragraph 15.
C. At closing, Seller will execute and deliver to Buyer, at Seller's expense, a ❑ general ❑X special warranty
deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must
convey good and indefeasible title to the Property and show no exceptions other than those permitted
under Paragraph 6 or other provisions of this contract. Seller must convey the Property:
(1) with no liens, assessments, or Uniform Commercial Code or other security interests against the
Property which wilt not be satisfied out of the sales price, unless securing loans Buyer assumes;_
(2) without any assumed loans in default; and
(3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or
trespassers except tenants under the written leases assigned to Buyer under this contract.
D. At closing, Seller, at Seller's expense, will also deliver to Buyer:
(1) tax -statements showing no delinquent taxes on the Property;
(2) a bill of sale with warranties to title conveying title, free and clear of all liens, to any personal
property defined as part of the Property in Paragraph 2 or sold under this contract;
(3) an assignment of all leases to or on the Property;
(4) to the extent that the following items are assignable, an assignment to Buyer of the following items
as they relate to the Property or its operations:
(a) licenses and permits;
(b) .service, utility, maintenance, management, and other contracts; and .
(c) warranties and guaranties;
(5) a rent roll current on the day of the closing certified by Seller as true and correct;
(6) evidence that the person executing this contract is legally capable and authorized to bind Seller;
(7) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is
a foreign person, a written authorization for the title company to: (i) withhold from Seller's proceeds
an amount sufficient to comply with applicable tax law; and (ii) deliver the amount to the Internal
Revenue Service together with appropriate tax'forms; and
(8) any notices, statements, certificates, affidavits, releases, and other documents required by this
.contract, the commitment, or law necessary for the closing of the sale and the issuance of the title
policy; all of which must be completed and executed by Seller as necessary.
E. At closing, Buyer will:
(1) pay the sales price in good funds acceptable to the title compan
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(2) deliver evidence that the person executing this contract is legally capable and authorized to bind
Buyer;
(3) sign. and send to each tenant in the Property a written statement that:
(a) acknowledges Buyer has received and is responsible for the tenant's security deposit; and
(b) specifies the exact dollar.amount of the security deposit;
(4) sign an assumption of all leases then in effect; and
(5) execute and deliver any notices, statements, certificates, or other -documents required by this
contract or law necessary to close the sale.
F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the
current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses.
11. POSSESSION: Seller will deliver possession of the Property to Buyer upon closing and funding of this sale
in its present condition with any repairs Seller is obligated to complete. under this contract, ordinary wear
and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized.
by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties.
12. SPECIAL PROVISIONS: The following special provisions apply and will control in the event of a conflict
with other provisions of this contract. (If specialprovisions are contained in an Addendum, identify the
Addendum here and reference the Addendum in Paragraph 22D.)
- 1--
IQ
1
13. SALES EXPENSES: (
i
A. Seller's Expenses: Seller. will pay, for the following at or before closing:
(1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties
and recording fees;
(2) release of Seller's loan liability, if applicable;
(3) tax statements or certificates;
(4) preparation of the deed and any bill of sale;
(5) one-half of any escrow fee;
(6) costs to record any documents to cure title objections that Seller must cure; and
(7) other expenses that Seller will pay under other provisions of this contract.
B. Buyer's Expenses: Buyer will pay for the following at or before closing:
(1) all loan expenses and fees;
(2) preparation fees of any deed of trust;
(3) recording fees for the deed and any deed of trust;
(4) premiums for flood and hazard insurance as maybe required by Buyer's lender;
(5) one-half of any escrow fee; and
(6) other expenses that Buyer will pay under other provisions of this contract.
14. PRORATIONS:
A. Prorations:
tty4nterest-eP,-my assumedlean,taxes, rents,
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s,
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Commercial Contract - Improved Property concerning 747 College Street, Beaumont, TX 77701
(2)
elesing Elate, taxes will be pFeFat ei. .1- el laxes
if SuyeF assbimes a lean eF iS taking the Pfelpefty 9bi6jeet te an existing lien, GelleF.Will tFansfef al
$- ReNbaelf Tame- if Gelle0s- use eF ehange use ef the Pffipeky befepe
,
C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following
advance payments received by Seller for periods after closing: prepaid expenses, advance rental
payments, and other advance payments paid by tenants. Rents prorated to one party but received by
the other party .will be remitted by the recipient to the party to whom it was prorated within 5 days after
the rent is received. This Paragraph 14C survives closing.
15. DEFAULT:
A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Seller's sole remedy(ies),
may terminate this contract and receive the earnest money, as liquidated damages for Buyer's failure
except for any damages resulting from Buyer's inspections, studies or assessments in accordance with
Paragraph 7C(4) which Seller may pursue, or
(Check if applicable)
❑X enforce specific performance, or seek such other relief as may be provided by law.
B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, survey or the
commitment, Buyer may:
(1) terminate this contract and receive the earnest money, less any independent consideration under
Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy; or.
(2) extend the time for performance up to 15 days and the closing will be extended as necessary.
C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and
Buyer may:
(1) terminate this contract .and receive the earnest money, less any independent- consideration under
Paragraph 7B(1), .as liquidated damages and as Buyer's sole remedy; or
(2) enforce specific performance, or seek such other relief as may be provided by law, or both.
16. CASUALTY LOSS AND CONDEMNATION:
A. If any part of the Property is damaged or destroyed by fire or other casualty after the effective date,
Seller must restore the Property to its previous condition as soon as reasonably possible and not later
than the closing date. If, without fault, Seller is unable to do so,.Buyer may:
(1) terminate this contract and the earnest money, less any independent consideration under
Paragraph 713(1), will be refunded to Buyer;
(2) extend the time for performance up to 15 days and closing will be extended as necessary; or
(3) accept at closing: (i) the Property in its damaged condition; (ii) an assignment of any insurance
proceeds Seller is entitled to receive along with the insurer's consent to the assignment; and (iii) a
credit to the sales price in the amount of any unpaid deductible under the policy for the loss.
(TXM801) 4-1-18 Initialed for Identification by Seller and Buyer Page 9 of 14
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Commercial Contract - Improved Property concerning 747 College Street, Beaumont, TX 77701
B. If before closing, condemnation proceedings are commenced against any part of the Property, Buyer
may:
(1) terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of
the condemnation proceedings and the earnest money, less any independent consideration under
Paragraph 7B(1), will be refunded to Buyer; or
(2)_appear and defend the condemnation proceedings and any award will, at Buyer's election, belong
to: (a) Seller and the sales price will be reduced by. the same amount; or (b) Buyer and the sales
price will not be reduced.
17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any, legal
proceeding brought under or with relation to this contract. or this transaction, such party is entitled to
recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's .fees. This
Paragraph 17 survives termination of this contract.
18. ESCROW:
A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing
costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require
payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the
title company from all parties.
B. If one party makes written demand for the earnest money,r the title company will give. notice of, the
demand by providing to the other party a copy of the demand. If the title company does not receive
written objection to the demand from the other party within 15 days after the date the title company
sent the demand to the other party, the title company may disburse the earnest money to the party
making demand, reduced by the amount of unpaid expenses, incurred on behalf of the party receiving
the earnest money and the title company may pay the same to the creditors.
C. The title company will deduct any independent consideration under Paragraph 7B(1) before disbursing
any earnest money to Buyer and will pay the independent consideration to Seller.
D. If the title company complies with this Paragraph 18, each party hereby releases the title company from
all claims related to the disbursal of the earnest money.
E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the
title company are effective upon receipt by the title company.
F. Any party who wrongfully fails or refuses to sign a release acceptable to the title company within 7 days
after receipt of the :request will be liable to the other party for: (i) damages; (ii) the earnest money; (iii)
reasonable attorney's fees; and (iv) all costs of suit.
G. ❑ Seller ❑ Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties
in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in
connection with the contemplated exchange will be paid .by the exchanging party. The other party will
not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and
in good faith to arrange and consummate the exchange so as to comply to the maximum extent
feasible with the provisions of Section 1031 of the Internal Revenue Code. The other provisions of this
contract will not be affected in the event the contemplated exchange fails to occur.
❑
B-,
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(TXR-1801) 4-1-18
Initialed for Identification by Selle and Bi
Produced with Lone Waif Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario,
Page 10 of 14
747 College -
Commercial Contract - Improved Property concerning 747 college Street, Beaumont, TX 77701
ILI
Oft
NO
Vall
20. NOTICES: All notices between the parties under this contract must be in writing and are effective when
hand -delivered, ' mailed by certified mail return receipt requested, or sent by facsimile transmission to the
parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices
to the broker representing the party to whom the notices are sent. or,Se (ler-js 61e6!9 Y►r+e_-
A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1.
X B. Buyer also consents to receive any notices by e-mail at Buyers e-mail address stated in Paragraph 1.
0921. DISPUTE RE
Felated: te this eentfaet that may aFise. if the dispute eaignet be Feselve tien, the paFties will
22. AGREEMENT OF THE PARTIES:
A. This contract is. binding on the parties, their heirs, executors, representatives, successors, and
permitted assigns. This contract. is to be construed in accordance with the laws of the State of Texas. If
any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this
contract shall not be affected thereby.
B. This contract contains the entire agreement of the parties and may not be changed" except in writing.
C. If this contract is executed in a number of identical counterparts, each counterpart is an original and all
counterparts, collectively, constitute one agreement.
D. Addenda which are part of this contract are: (Check all that apply.)
(1) Property Description Exhibit identified in Paragraph 2;
(2) Commercial Contract Condominium Addendum (TXR-1930) or (TXR-1946);
(3) Commercial Contract- Financing Addendum (TXR-1931);
(4) Commercial Property Condition Statement (TXR-1408);
(5) Commercial Contract Addendum for Special Provisions (TXR-1940);
(6) Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint
Hazards (TXR-1906);
(7) Notice: to Purchaser of Real Property in a Water District (MUD);
(8) Addendum for. Coastal Area Property (TXR-1915);
(9) Addendum for Property Located Seaward of the Gulf -Intracoastal Waterway (TXR-1916);
X (10)lnformation About Brokerage Services (TXR-2501); and
(11)Information About Mineral Clauses in Contract Forms CrXR 2509); and
X (12)Drainage District 6 Notice
(rXR-1801) 4-1-18 Initialed for Identification by Seller and Buyer Page 11, of 14
Produced with Lone Wolf Transactions (zipForm Edition) 231 Shea son r: Cambridge, Ontario, Can da N1T 1,15 www.lwolf.00m 747 College-
Commercial Contract - Improved Property concerning 7a7 conpge Street, Beaumont, TX. 77701
(Note: Counsel for Texas REALTORS@ has determined that any of the foregoing addenda which are
promulgated by the Texas Real Estate Commission (TREC) or published by Texas REALTORS@ are appropriate for use with
this form.)
E. Buyer ❑X may ❑ may not assign this contract. If Buyer assigns this contract, Buyer will be relieved
of any future liability under this contract only if the assignee assumes, in writing, all of Buyer's
obligations under this contract.
23. TIME: Time is of the essence in this contract. The parties require strict compliance with the times for
performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or
legal holiday, the time for performance is extended until the end. of the next day which is not a Saturday,
Sunday, or legal holiday.
24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is
the date the title company receipts this contract after all parties execute this contract.
26. ADDITIONAL NOTICES:
A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or
Buyer should be furnished with or obtain a title policy.
B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,
or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and
Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the
district before final execution of this contract.
C. Notice Required by §13.257, Water Code: "The real property, described below, that you are about to
purchase may be located in a certificated water or sewer service area, which is authorized by law to
provide water or sewer service to the properties in the certificated area. If your property is located in a
certificated area there may be special costs or charges that you will be required to pay before you can
receive water or sewer service. There may be a period required to construct lines or.other facilities
necessary to provide water or sewer service to your property. You are advised to determine if the
property is in a certificated area and contact the utility service provider to determine the cost that you
will be required to pay and the period, if any, that is required to provide water or sewer service to your
property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before
the execution of a binding contract for the purchase of the real property. described in the notice or at
closing of purchase of the real property." The real property is described in Paragraph 2 of this contract.
D. If the Property adjoins or shares a common boundary with the tidally influenced submerged lands of
the state; §33.135, Texas Natural Resources Code, requires a notice regarding coastal area property
to be included as part of this contract (the Addendum for Coastal Area Property (TXR 1915) maybe used).
E. If the Property is located seaward of the Gulf Intracoastal Waterway, §61.025, Texas Natural
Resources Code, requires a notice regarding the seaward location of the Property to be included as
part of this contract (the Addendum for Property Located Seaward of the Gulf Intracoastal Waterway
(TXR-1916) maybe used)..
F. If the Property is located outside the limits of a municipality, the Property may now or later be included
in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation
by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To
determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities
located in the general proximity of the Property for further information.
G. If apartments or other residential units are on the Property and the units were built before 1978, federal
law requires a lead -based paint and hazard disclosure statement to be made part of this contract (the
Addendum for Seller's Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards
(TXR-1906) maybe used).
(TXR-1801) 4-1-18
Initialed for Identification by Seller and Buyer Page 12 of 14
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Commercial Contract - Improved Property concerning 747 College Street, Beaumont, TX 77701
H. Section 1958.154, Occupations Code requires Seller to provide Buyer a copy of any mold. remediation
certificate issued for the Property during the 5 years preceding the date the Seller sells the Property.
I. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental
assessments, or inspections to determine compliance with zoning, governmental regulations, or laws.
Buyer should seek experts to perform such services. Buyer should review local building codes,
ordinances and other applicable laws to determine their effect on the Property. Selection of experts,
inspectors, and repairmen is the responsibility of Buyer and not the brokers. Brokers are not qualified
to determine the credit worthiness of the parties.
J. NOTICE OF WATER LEVEL FLUCTUATIONS: If the Property _ adjoins an impoundment of water,
including a reservoir or lake, constructed and maintained under Chapter 11, Water Code, that has a
storage capacity of at least 5,000 acre-feet at the impoundment's normal operating level, Seller hereby
notifies Buyer: "The water level of the impoundment of water adjoining the Property fluctuates for
various reasons, including as a result of: (1) an entity lawfully exercising its right to use the water stored.
in the impoundment; or (2) drought or flood conditions."
K. LICENSE HOLDER DISCLOSURE: Texas law.
requires a real estate license holder
who is a
party to a
transaction or acting on behalf of
a spouse, parent,
child, business entity in which
the license
holder owns more than 10%, or
a trust for, which
the license holder
acts as a
trustee or
of which the license holder or the license holder's
spouse; parent or
child . is a
beneficiary,
to notify the other party in writing
before entering into
a contract of sale.
Disclose if
applicable:
26. CONTRACT AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell
the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property
is located, on the offer will lapse and become null and void.
READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation or
recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or
transaction. CONSULT your attorney BEFORE signing.
Gerald Condon Properties. Ltd., a Texas limited
Seller: City of Beaumont Buyer: partnership
By; By: Its' GP, Collision and Classics, Inc., a Texas corporation
By fslgnatu '. By (signature):
Printed Name: Kyle Haves Printed Name: Gerald Condon .
Title: City Manager Title: PresidentlCEO
By: By:
By (signature): By (signature):
Printed Name: Printed Name -
Title: Title:
(TXR-1801) 4-1-18 Page 13 of 14
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Commercial Contract - Improved Property concerning 747 College Street, Beaumont, TX 77701
AGREEMENT BETWEEN BROKERS
(use only if Paragraph 9B(1) is effective)
Principal Broker agrees to pay (Cooperating Broker) a
fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be:
$ , or
% of the sales price,.or
% of the Principal Broker's fee.
The title company is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing..
This Agreement Between Brokers supersedes any prior offers and agreements for compensation between
brokers.
Principal Broker: Cooperating Broker.
By: By:
ATTORNEYS
Seller's attorney: Buyer's attorney:
Address:
Phone & Fax:
Address:
Phone & Fax:
E-mail: E-mail:
Seller's attorney requests copies of documents, Buyer's attorney requests copies of documents,
notices, and other information: . notices, and other information:
8 the title company sends to Seller. the title company sends to Buyer.
Buyer sends to Seller. 8 Seller sends to Buyer.
ESCROW RECEIPT
The title company acknowledges receipt of.,
A. the contract on this day (effective date);
B. earnest money in the amount of $ in the form of
on
Title company: Address:
By: Phone & Fax:
Assigned file number (GF#): E-mail:
(rXR-1801) 4-1-18 Page _14 of 14
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11/2/2015
1211t Information About Brokerage Services
eceALeaueiNa Texas law requires all real estate licensees to give the following information about
maamuNnr
brokerage services to prospective buyers, tenants, sellers and landlords.
TYPES OF REAL ESTATE LICENSE HOLDERS:
• A BROKER is responsible.for all brokerage activities, including acts performed.by sales agents sponsored by the broker.
• A SALES AGENT must be sponsored by a broker and works with clients on behalf of the broker.
A BROKER'S MINIMUM DUTIES REQUIRED BY LAW (A client is the person or party that the broker represents):
• Put the interests of the client above all others, including the broker's own interests;
• Inform the client of any material information about the property or transaction received by the broker,
• Answer the client's questions.and present any offer to or counter-offer from the client; and
• Treat all parties to a real estate transaction honestly and fairly.
A LICENSE HOLDER CAN REPRESENT PARTY IN A REAL ESTATE TRANSACTION:
AS AGENT FOR OWNER (SELLER/LANDLORD): The broker becomes the property owner's agent through an agreement with the owner,
usually in a written listing to sell or property management agreement. An owner's agent must perform the broker's minimum duties
above and must inform . the owner of any material information about the property or transaction known by the agent, including
information disclosed to the agent or subagent by the buyer or buyer's agent.
AS AGENT FOR BUYER/TENANT: The broker becomes the buyer/tenant's agent by agreeing to represent the buyer, usually through a
written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any
material information about the property or transaction known by the agent, including information disclosed to the agent by the seller or
seller's agent.
AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written
agreement of each party to the transaction. The written agreement must state who will .pay the broker and, in conspicuous bold or
underlined print, set forth the broker's obligations as an intermediary. A broker who acts as an intermediary:
• Must treat all parties to the transaction impartially and fairly;
• May, with the parties' .written consent, appoint a different license holder associated with the broker to each party (owner and
buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction.
• Must not, unless specifically authorized in writing to do so by the party, disclose:
o that the owner will accept a price less than the written asking price;
o that the buyer/tenant will pay a price greater than the price submitted in a written offer; and
o any confidential information or any other information that a party specifically instructs the broker in writing not to
disclose, unless required to do so by law.
AS SUBAGENT: A license holder acts as a subagent when aiding a buyer in a transaction without an agreement to represent the
buyer, A subagent can assist the buyer but does not represent the buyer and must place the interests of the owner first.
TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH:
The broker's duties and responsibilities to you, and your obligations under the representation agreement.
• Who will pay the broker for services provided to you, when payment will be made and how the payment will be calculated.
LICENSE HOLDER CONTACT INFORMATION: This notice is being provided for information purposes. It does not create an obligation for
you to use the broker's services. Please acknowledge receipt of this notice below and retain a copy for your records.
KenWheel, Inc, dba Wheeler Commercial 679943 lwheelerCD_wheelercommercial.com (409)899-3300
Licensed Broker/Broker Firm Name or License No. Email Phone
Primary Assumed Business Name
Lee Y. Wheeler, 111 467066lwheeler(a)-wheelercommercial.com (409)899-3300
Designated Broker of Firm License No. Email Phone
Licensed Supervisor of Sales Agent/
Associate
Sales Agent/Associate's Name.
License No.
License No.
Email
Email
Date
Phone
Phone
Regulated by the Texas Real Estate Commission . Information available at www.tree.texas.gov
TXR-2501 TABS 1-0 Date
Lee Wheeler,400NechesBeaumonlTX77701 Phone:4098993300 Fax.4098993301 747College -
7Ae Wheeler Produced with Lone Wolf Transactions (zipForm Edition) 231 Shearson Cr. Cambridge, Ontario, Canada NIT 1,15 www.lwoff.com
NOTICE TO PURCHASERS
The real property described below, which you are about to purchase, is located in Jefferson
County Drainage District No. 6. The District has taxing authority separate . from any other taxing
authority and may, subject to voter approval, issue an unlimited rate of tax in payment of such bonds. As
of this date, the rate of taxes levied by the District on real property located in the District is 22.0587
cents on each $100 of assessed valuation.
- The total amount of bonds that have been approved by the voters and which may be issued by the .
District (excluding refunding bonds and any bonds or portion of bonds payable solely from revenues
received or expected to be received pursuant to a contract with a governmental entity) is $0; however,
contract revenue -refunding bonds have been approved by the District's Board in the following original
amounts Series 2003 - $4,995,000. The aggregate initial principal amount of all bonds of the District
payable in whole or part from taxes (excluding refunding bonds and any bonds or portion of bonds
payable solely from revenues received or expected to be received pursuant . to a contract with a
governmental entity) that have been previously issued is $0, however, the current principal amounts of
contract revenue refunding bonds outstanding are as follows: Series 2003 Contract Revenue Refunding
Bonds - $950,000. The contract revenue refunding bonds are serviced through taxes collected for
maintenance and operating. Funds from maintenance and operating are transferred to debt service for
annual installments toward payment of the contract revenue refunding bonds. No separate tax Is
collected for contract revenue refunding bonds.
The District does not impose a standby fee.
The purpose of this District is to provide drainage or flood control facilities and services within
the District through the issuance of bonds payable in whole or in part from. property taxes. The cost of
these utility facilities is not included in the purchase price of your property, and these utility facilities are
owned or to be owned by the District.
The legal description of the property which you are acquiring is as follows:
See Para. 2.A. of attached contract
ate
PURCHASER IS ADVISED THAT THE INFORMATION SHOWN ON THIS FORM IS
SUBJECT TO CHANGE BY THE DISTRICT AT .ANY TIME. THE DISTRICT ROUTINELY
ESTABLISHES TAX RATES. DURING THE MONTHS OF SEPTEMBER THROUGH DECEMBER
OF EACH YEAR, EFFECTIVE FOR THE YEAR IN WHICH THE TAX RATES ARE APPROVED
BY THE DISTRICT. PURCHASER IS ADVISED TO CONTACT THE DISTRICT TO DETERMINE.
.
THE STATUS OF ANY CURRENT OR PROPOSED CHANGES TO THE INFORMATION SHOWN
ON THIS FORM.
The undersigned purchaser hereby acknowledges receipt. of the foregoing notice at or prior to
execution of a binding contract for the purchase of the real property described in such notice or at
closing of purchase of he zeal roperty.
O
Date (uy
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Earnest Money
Contract with Gerald Condon Properties, Ltd. for the sale of city -owned property located
at 747 College Street for a cash offer of $175,000.00; and,
BE IT FURTHER RESOLVED THAT the City Manager is hereby authorized to
execute all documents necessary for the sale of the property and improvements.
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 27th day of
October, 2020.
- Mayor Becky Ames -
BE.AUMONT
TO:
FROM:
PREPARED BY:
MEETING DATE:
City Council
Kyle Hayes, City Manager
Bart Bartkowiak, Director of Public Works & Technology Services
October 27, 2020
REQUESTED ACTION: Council consider a resolution approving the purchase of an
upgrade to the City's document management software, Laserfiche,
from MCCi, LLC.
BACKGROUND
Since 2012, the City of Beaumont has utilized Laserfiche's Document Management system to
digitally store documents, images, and other types of records. Since that time, the number of
users and amount of data being stored has steadily increased. As a result, MCCi, who currently
supports our Laserfiche implementation, has recommended that we upgrade to Laserfiche's Rio
platform. The Rio platform is intended for larger enterprise implementations and includes
advanced document security, numerous functionality upgrades, and an addition of several
collaborative tools that will help users streamline their workflows.
The cost to upgrade to Laserfiche's Rio platform is $80,526.67. This price includes a one-time
cost of $39,762.02 and an annual maintenance cost of $40,764.65.
The upgrade will be purchased utilizing the BuyBoard purchasing cooperative.,
FUNDING SOURCE
General Fund,Municipal Court Technology. Fund, and Water Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of an upgrade to the Laserfiche
imaging system software, for use by all City departments, from MCCi, LLC, of
Tallahassee, Florida, in the amount of $80,526.67 through the BuyBoard Cooperative
Purchasing Program.
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 27th day of
October, 2020.
- Mayor Becky Ames -
C
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Director of Public Works & Technology Services
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider approving the renewal of an annual maintenance
agreement with Tyler Technologies.
BACKGROUND
Tyler Technologies' Incode court software is used by Municipal Court to maintain records for
case management software and to process all court transactions including citations, arraignments,
warrants, jury management, and payments. This purchase is exempt from competitive bidding
since it is available from only one (1) source having exclusive rights to modify and maintain the
software.
This agreement in the amount of $65,100 is for an annual period beginning October 1, 2020.
FUNDING SOURCE
Municipal Court Technology 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 pay an invoice in the amount
of $65,100.00 to Tyler Technologies for the renewal of an annual maintenance agreement
for Municipal Court Incode software support beginning October 1, 2020.
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 27th day of
October, 2020.
- Mayor Becky Ames -
no
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager .
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution to adopt a Financial Management
Policy for the City of Beaumont.
BACKGROUND
The City of Beaumont is responsible for safeguarding and prudently managing public funds,
which includes planning for and providing adequate funding and resources to deliver the needed
and desired municipal services to the community. To establish and document a policy
framework for effective fiscal decision -making, planning and management, the City shall
establish and maintain a comprehensive Financial Management Policy. This.policy shall
incorporate sound financial management practices and shall demonstrate compliance with the
associated federal, state, and local statutes and other legal documents and mandates.
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 Financial Management Policy, substantially in the form
attached hereto as Exhibit "A," 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 27th day of
October, 2020.
- Mayor Becky Ames -
CITY OF BEAUMONT
FINANCIAL MANAGEMENT POLICY
ADOPTED
RESOLUTION NO.
EXHIBIT "A"
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Table of Contents
Summary..............................................................................................................................I
I
Accounting, Auditing, and Financial Reporting ................................................
4
II
Financial Consultants...........................................:...........................................
6
III
Budgeting and Long-range Financial Planning ................................................
8
IVRevenues
.........................................................................................................11
V
Operating Expenditures..................................................................................14
VI
Fund Balance/Working Capital......................................................................16
VII
Capital Expenditures and Improvements........................................................19
VIII
Debt Management..........................................................................................22
IX
Cash Management and Investments...............................................................
26
XGrants
........................................................................................:....................28
XI
Intergovernmental Relations.......................................................................
31
XIIInternal
Controls............................................................................................
32
XIII
Economic Development..................................................................................
34
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City of Beaumont
Financial Policies & Procedures
Adopted on: 10/27/2020
Summary
The City of Beaumont (City) is responsible for safeguarding and prudently managing public funds,
which includes planning for and providing adequate funding and resources to deliver the needed
and desired municipal services to the community. To establish and document a policy framework
for effective fiscal decision -making, planning, and management, the City shall establish and
maintain a comprehensive Financial Management Policy. This policy shall incorporate sound
financial management practices and shall demonstrate compliance with the associated federal,
state, and local statutes and other legal documents and mandates.
The Financial Management Policy shall be reviewed annually and updated or revised, as necessary.
Updates and changes to the policies contained herein shall be presented to the City Council for
approval.
This Financial Management Policy shall apply to all funds maintained by the City unless otherwise
specified herein. These funds include:
Governmental Fund Types
• General Fund - The general fund is the City's primary operating fund and shall be
used to account for and report all financial resources not accounted for and reported
in another fund. The general fund shall be used to finance the basic operations of the
City.
• Special Revenue Funds - The City shall maintain special revenue funds to -account
for and report the proceeds of specific revenue sources that are restricted or
committed for specified purposes other than debt service or capital projects.
• Debt Service Fund - The debt service fund shall be used to account for and report the
accumulation of resources that are restricted, committed, or assigned for payment of
principal and interest on the City's general long-term debt.
• Capital Pro jects Funds - The City shall maintain capital.projects funds to account for
and report financial resources that are restricted, committed, or assigned for capital
outlay (e.g., bond funds).
Proprietary Fund Types
• Enterprise Fund- The City shall maintain separate utility funds to account for and
report the operations of water and sewer services, and solid waste (refuse) collection
services within the City, including the annual funding of enterprise fund debt service
requirements.
City of Beaumont
Financial Policies & Procedures
Adopted on: 10/27/2020
The purpose of these policies is to ensure that financial resources are available to meet the present
and future needs of the City and its citizens. Specifically, the policy framework contained herein
mandates the pursuit of the following fiscal objectives:
I. Accounting, Auditing, and Financial Reporting: The City shall implement and maintain
accounting practices that conform to generally accepted accounting principles and comply
with prevailing federal, state, and local statutes and regulations. The City shall present
regular reports that analyze, evaluate, and .forecast the City's financial performance and
economic condition. The City shall issue a Comprehensive Annual Financial Report no
later than six months following the end of the fiscal year.
II. Financial Consultants: The City shall employ the assistance of qualified financial advisors
and consultants, as needed, to assist in the administration and management ofthe City's
financial affairs, including audit services, debt administration, delinquent tax collections,
and financial modeling.
III. Budgeting and Long-range Financial Planning. The City shall establish budgeting
guidelines and shall employ a prudent fiscal strategy to provide for the short-term and long-
term needs of the City through strategic management and preservation of its financial
resources.
IV. Revenues: The City shall establish, manage, and maintain a revenue system to assure a
reliable, equitable, and sufficient cash flow to support the desired level of City services and
fund balance.
V. Operating Expenditures: The City shall identify and prioritize services, determine
appropriate service levels, and monitor the expenditure of available resources to ensure
fiscal stability and the effective and efficient delivery of services.
Vl. Fund Balance/Working Capital. The City shall maintain the fund balance and. working .
capital (retained earnings) of all operating funds at levels sufficient to protect the City's
creditworthiness as well as its financial position during emergencies or economic
fluctuations.
VII. Capital Expenditures and Improvements: The City shall annually review and monitor the
state of the City's capital assets, setting priorities for the addition, replacement, and
renovation of these assets based on needs, funding alternatives, and availability of
resources.
VIII. Debt Management: The City shall establish guidelines for debt financing to provide needed
land, -long-term capital additions, and infrastructure improvements while minimizing the
impact of debt payments on current and future revenues.
IX. Cash Management and Investments. The City shall invest idle operating cash so as to
ensure the absolute safety of principal, to meet the liquidity needs of the City, and to
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achieve the highest possible yield in accordance with state statute and the City's
Investment Policy.
X. Grants The City shall seek, apply for, and effectively administer federal, state, and local
grants which support.the City's current and future priorities and policy objectives:
XI. Intergovernmental Relations; The City. shall coordinate efforts with other governmental
agencies to achieve common policy objectives, share the cost of providing government .
services on an equitable basis, and support favorable legislation at the state and federal
levels.
XII. Internal Controls: The City shall establish and maintain a system. of internal controls
designed to safeguard City assets, ensure the accuracy and reliability of accounting and
financial records, promote operational efficiency, and adhere to prescribed policies in
compliance with federal and state regulations and City ordinances and policies.
XIII. Economic Development: The City shall initiate, encourage, and participate in economic
development efforts to create job opportunities and strengthen the local economy and tax
base. The City shall account for all financial commitments made in connection with
economic incentives granted to developers.
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City of Beaumont
Financial Policies & Procedures
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Accounting, Auditing, and Financial Reporting
The City shall implement and maintain accounting practices that conform to generally accepted
accounting principles and comply with prevailing federal, state, and local statutes and regulations.
The City shall present regular reports that analyze, evaluate and forecast the City's financial
performance and economic condition. The City shall issue a Comprehensive Annual Financial
Report no later than six months following the end of the fiscal year.
A. Accounting Practices and Principles
The City shall implement and maintain accounting practices that conform to Generally
Accepted Accounting Principles (GAAP) as set forth by the Governmental Accounting
Standards Board (GASB), the authoritative standard -setting body for state and local
governments. All City financial reports, including the comprehensive annual financial
report, official statements, and continuing disclosure reports shall comply with these
standards.
All governmental funds shall use the modified accrual basis pf accounting, which means that
revenues are recognized in the accounting period in which they become available and
measurable, while expenditures are recognized in the accounting period in which they are
incurred. Because the appropriated budget is used as the basis for control and comparison of
budgeted and actual amounts, the basis for preparing the budget is the same as the basis of
accounting. Exceptions under the modified accrual basis of accounting include:
• Grants, which are considered revenue when awarded, not received
• Principal and interest on long-term debt, which are recognized when paid
The City's proprietary funds, which include the enterprise fiends, are accounted and
budgeted using the full accrual basis of accounting. Under this method, revenues are
recognized when they are earned and measurable, while expenses are recognized when
they are incurred, regardless of timing or related cash flows. The basis for preparing the
budget is the same as the basis of accounting, except for principal payments on long-term
debt and capital outlay expenses, which are treated as budgeted expenses.
B. Financial Reports and Fiscal Monitoring
Monthly financial reports shall be prepared and distributed to the City Council, Mayor,
City Manager, City Secretary, and the department directors. These financial reports shall be
useful for analyzing, evaluating, and forecasting the City's financial performance and
economic position. Additionally, the reports shall be used to evaluate key areas of
performance and to develop any remedial actions necessary to maintain the City's financial
position.
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C. Annual Audit
Pursuant to state statute, the City shall have its records and accounts audited annually and
shall prepare an annual financial statement and report. The audit shall be performed by a
certified public accounting (CPA) firm . licensed to practice in the State of Texas. The
annual financial statement and report, including the auditor's opinion, shall be part of an
official Comprehensive Annual Financial Report (CAFR) which .shall be filed within 180
days after the last day of the City's fiscal year.
The audit firm shall provide a management letter to the City prior to the filing of the audit.
The audit firm shall also provide a Single Audit of federal and state grants, when necessary.
The City Manager shall be responsible for establishing a process to ensure timely
resolution of audit recommendations.
D. Annual Financial Disclosure
As required by the Securities and Exchange Commission (SEC) Rule 15c242, the City,
With the support of the financial advisor, shall annually provide certain financial
information and operating data to information repositories. This disclosure requirement
also applies to the filing of any periodic material event notices in compliance with Rule
15c2-12.
E. Escheating Checks
As required by state law, the City shall file the necessary reports on an annual basis to turn
over to the State Comptroller any checks in excess of $100 that have been outstanding for
more than the applicable abandonment period. This property is considered abandoned and
shall be delivered to the State Comptroller on or before July 1 of each year.
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II.
Financial Consultants
The City shall employ qualified financial advisors and consultants, as needed, to assist in the
administration and management of the City's financial affairs, including, but not limited to, audit
services, debt administration, delinquent tax collections, and financial impact modeling. The
principal factors in the selection of these advisors and consultants shall include technical expertise,
experience, ability to perform the services, and references.
A. Selection of Auditors
The CityCouncil shal l select an independent firm of certified public accountants to perform an
annual, audit of the City's accounts and records and to render an opinion on the financial
statements of the City. It is the City's preference to rotate audit firms to ensure that the
City's financial statements are reviewed and audited from an objective, impartial, and
unbiased point of view. At least every four years, the -City shall request proposals from
qualified firms and select a new firm.
Annually, the independent auditor will provide a letter of engagement to the City Council
for the fiscal year to be audited.
B. Arbitrage
The City is responsible for the arbitrage rebate calculation on each bond issue. The City
shall provide the necessary information and records to a qualified firm for completing these
calculations and preparing the required report filings. The City shall make timely payments
of any rebate amount owed to the federal government.
Requests for qualifications shall be solicited at least every five years from firms qualified
to prepare arbitrage rebate calculations and reports.
C. Delinquent Tax Collection Attorney
Due to.the specialized nature 'of these services, the City shall hire dii experienced attorney
to collect delinquent property taxes. These services shall also include the filing of
bankruptcy claims, foreclosures on real property, and seizures of personal property. The
attorney shall provide legal representation for the City in court cases and property sales.
D. Bond Counsel
Bond counsel to the City shall provide an objective legal opinion concerning the issuance
of bonds and other debt instruments. Generally, bonds are not marketable without the
opinion of bond counsel indicating the bonds are valid and binding obligations of the City
and exempt from federal and state income taxes.
Due to the complexity of the City's financial structure and the benefits that come from a
history and knowledge of the City, the City maintains an ongoing relationship with the bond
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counsel for continuity. The engagement letter with bond counsel may be terminated at any
time upon written notice by eitherparty.
E. Financial Advisory Services
The City issues various types of securities to finance its capital improvement program and shall
employ a financial advisor for these services. Debt issuance and restructuring requires" a
comprehensive list of services associated with municipal transactions, including, but not limited
to, analysis of market conditions, size and structure of the issue, method of sale, preparation of
disclosure documents, evaluation of and advice on the pricing of securities, facilitation of rating.
agency relations, and calculation of debt service schedules. The financial advisor shall provide
other financial advice and expertise, as needed.
Due to the complexity of the City's financial structure and the benefits that come from a
history and knowledge of the City, the City maintains an ongoing relationship with the
financial advisor for continuity. The City's agreement with the financial advisor is for a five-
year term and automatically renews on the fifth anniversary for an additional five years.
Either party may terminate the agreement at any time with thirty days written notice.
F. Depository Bank
Pursuant to state statute, the City may approve a depository services contract for a term up to
five years. The City typically establishes the contract for depository services for an 'initial
term of three years with the option to renew annually in each of the remaining two years. The
City shall select a depository through a formal bid process in order to provide the City with
the most comprehensive, flexible, and cost-effective banking services available.
G. Investment Advisory Services
The City Council may from time to time employ qualified individuals or firms as an
Investment Advisor to assist the investment officer(s) in carrying out the investment program
and complying with the requirements of .the City's Investment Policy and the Public Funds
Investment Act.
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City of Beaumont
Financial Policies & Procedures
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III.
Budgeting and Long-range Financial Planning
The City shall establish budgeting guidelines and shall employ a prudent fiscal strategy to provide
for the short-term . and long-term needs of the City through strategic management and preservation
of its financialresources.
A. Balanced Budget
Budgeting is an essential element of the financial planning, control, and evaluation process
of the City. The operating budget represents the City's annual financial operating plan. It
includes all operating departments of the City. Annually, the City Manager shall file an
operating budget for the ensuing fiscal year in accordance with state and local statutes. This
budget shall adhere to the City's fund balance policies.
A structurally balanced budget is defined as recurring revenues funding recurring
expenditures and adherence to fund balance policies. Therefore, the operating budget
should be balanced with current revenues, inclusive of beginning balances, greater than or
equal to current expenditures/expenses. Excess balances may be used for capital outlay or
other non -recurring expenditures. A structurally imbalanced budget shall be accompanied
by a plan to return the budget to structural balance, including a five-year financial forecast
that reflects steps to be taken to return=the budget to structural balance. Short-term loans
shall be avoided as budget balancing techniques.
B. Current Funding Basis
The City shall budget and operate on a current funding basis with expenditures budgeted
and controlled so as not to exceed projected current revenues. Recurring expenditures shall
be funded exclusively with recurring revenues to facilitate operations on a current funding
basis.
C. Use of Non -recurring Revenues
Non -recurring revenue sources, such as one-time revenue remittances of fund balance in
excess of policy, can only be budgeted and used to fund non -recurring expenditures, such
as capital purchases or capital improvement projects. This will ensure that recurring
expenditures are not funded by non -recurring sources.
D. Ad Valorem Tax Rate
The City Manager shall recommend an ad valorem (property) tax rate to enable the City to
operate the general fund efficiently and to fund the required annual debt service payments.
City of Beaumont
Financial. Policies & Procedures
Adopted on: 10/27/2020
E. Revenue Estimating forBudgeting
To protect the City from revenue shortfalls and to maintain a constant level of services, the
City shall use a conservative, objective, and analytical approach when preparing revenue
estimates. The process shall include an analysis of probable economic changes and the
estimated impact on revenues in conjunction with a review of historical revenue collection
rates and trends. This approach should reduce the likelihood of revenue shortfalls and
should help to avoid decreased service levels during theyear.
Sales tax is used to fund recurring operations, but sales tax revenue fluctuates with changes
in economic conditions. To mitigate the overall effects of these revenue fluctuations, the
City, shall limit discretionary spending, exercise budget control, and generate co,.nservative
revenue forecasts.
The water and wastewater, and solid waste revenues of the enterprise (utility) funds shall
be budgeted using an analysis of prior service levels, historical trends, and projected new
service requirements.
Whenever possible, the City will seek outside sources of revenue, such as federal, state,
and local grants, in order to leverage local dollars.
F. BudgetManagement
The City Manager shall administer the budget after it is formally adopted by City Council.
Department directors shall be responsible to manage spending so as not exceed the
department's total budget allocation.
G. BudgetAmendment or Adjustment
Emergency situations, unforeseen circumstances, and revised cost estimates may require
amending the original budget. At the request of the City Manager, the City Council may
by ordinance transfer unencumbered appropriation balance from one fund to another or
increase total appropriations with the identified funding source.
Administratively, the City Manager may adjust the -budget to reallocate existing
unencumbered appropriations among items of expenditure within a department. No City
Council action is necessary for these adjustments, as they do not change the budget total.
H. Operating Deficits
The City shall take immediate corrective actions if at any time during the fiscal year
expenditure and revenue forecasts are such that an operating deficit is projected at year
end. Corrective actions may include any or all of the following:
• Deferral of capital purchases
• Expenditure reductions
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City of Beaumont
Financial Policies & Procedures
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• Hiring and/or salary freezes
• Reduction or elimination of wage increases
•. Use of.fund balance
• Increased service and usage fees
• Staff reductions
Short-term loans shall be avoided as a means to balance the budget.
With City Council approval, excess fund balance, as a one-time revenue source, may be
used to cover an annual operating deficit.
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City of Beaumont
Financial Policies & Procedures
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IV.
Revenues
The City shall establish, manage, and maintain a revenue system to assure a reliable, equitable,
and sufficient cash flow to support the desired level of City services and fund balance.
A. Balance and Diversification in Revenue Sources
The City shall strive to maintain a stable and diversified revenue system to protect the City
from fluctuations in any single revenue source due to changes in local economic conditions,
for example, which may adversely impact the revenue source (e.g., sales tax revenue).
The City shall maintain balance in its revenue structure to ensure fairness and neutrality as
it relates to cost of service and willingness and ability to pay.
B. User Fees - GeneralFund
For services that benefit specific users, the City shall establish and collect fees to recover
the costs of these services. The City shall determine the appropriate level of cost recovery
and establish a fee schedule accordingly. Each The shall be set and classified by the City
Council.
The City shall identify and evaluate direct and indirect costs to determine what is applicable
in calculating cost of service. The following may also be considerations when setting user
fees: current economic conditions, demand for services, impact on users, and competitive
pricing in the private sector, if applicable. While the City shall seek to recover full direct
and indirect costs, in some cases the City may deem it appropriate to set user fees at a level
that will result in partial or minimal cost recovery. The City shall review user fees on an
annual basis to calculate the level of cost recovery and determine if adjustments are
necessary orappropriate.
C. User Fees - Enterprise Funds
Utility rates and user fees shall be set at levels sufficient to fully cover direct and indirect
operating costs, meet debt obligations and all legal restrictions of applicable bond
covenants (e.g., debt service coverage), allow for planned pay-as-you-go funding for
capital improvements, and provide an adequate level of working capital.
Indirect costs shall include costs for overhead services provided and funded by the general
fund, such as administration, finance, legal, information technology services, and other
costs as appropriate. These costs will be assessed to each utility based on a percentage of
sales revenues (gross receipts) as a payment in lieu of franchise fees. The percentage(s)
will be reviewed and set annually during the City's budget preparation process.
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Revenues collected for water and wastewater services, and solid waste collection services shall
remain in the respective enterprise funds. The City shall monitor monthly utility revenues to
project any revenue surplus or shortfall for the year.
The City shall not use general funds to subsidize enterprise funds.
D. Revenue Collections
The City shall enact collection policies that ensure revenues will materialize as
budgeted/forecast. The City shall follow an aggressive, consistent, yet reasonable approach
for revenue collection by pursuing delinquent and overdue accounts to the fullest extent
allowed by law.
The City shall levy a charge against any person making a payment to the City by check,
credit card, or any automated or electronic means when such payment is returned to the
City and not paid. This charge shall apply to payments of any kind, including, but not
limited to; taxes, permits, fees, and utilities. The City shall establish this charge based on
the associated direct and indirect costs incurred by the City to recover and process the
monies owed to the City The charge shall not exceed the maximum allowed by state law.
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E. Write-off of Uncollectible Receivables - Utility and Other Accounts
The City may elect to turn any delinquent account over to a collection agency for further
attempts to collect the past due amount(s). The City shall write off utility accounts where
collection efforts have been exhausted or are no longer feasible or cost effective. Aged
receivables shall be considered for write-off when mail has been returned and'all attempts
to acquire a valid forwarding address have failed or after accounts have been outstanding
for six months or more and all attempts to collect the past due amount(s) have been
exhausted.
The City shall consider any write-off of uncollected accounts as an. accounting entry only
and does not .release. the debtor from any . debt owed to the City. If an account becomes
collectible after having been written -off, the accounts receivable balance shall be reinstated
and payments applied to that balance. The CFO shall review the write-off of delinquent
utility and other accounts.
F. Non -recurring Revenues
One-time or non -recurring revenues shall not be used to finance current ongoing
operations. Non -recurring revenue sources, such as a one-time revenue remittance, may
only be used to fund non -recurring expenditures, such as capital purchases or capital
improvement projects. Non -recurring revenues shall not be used to balance the budget.
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Financial Policies & Procedures
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V.
Operating Expenditures
The -City shall identify and prioritize services, determine appropriate service levels, and monitor
the expenditure -of available resources to ensure fiscal stability and the effective and efficient
delivery of services.
A. Current Funding Basis
The City shall budget and operate on a current funding basis with expenditures budgeted
and controlled, so as not to exceed projected current revenues and/or planned use of fund
balance accumulated through .prior year savings.- Recurring expenditures shall be funded
exclusively with recurring revenues to facilitate operations on a current funding basis. Any
use of fund balance for expenditures shall be in accordance with the City's fund balance
policy incorporated in this Financial Management. Policy.
B. Maintenance of CapitaZAssets
Withinthe resources available each fiscal year, the City shall maintain capital assets and
infrastructure at a sufficient level to protect the City 's investment, to minimize future
replacement and maintenance costs, and to maintain service levels.
C. Review of Programs andServices
The City shall conduct periodic reviews of programs and services to evaluate demand,
efficiency, and effectiveness. Programs and services determined to be inefficient and/or
ineffective shall be recommended through the annual budget process to be reduced in scope
or eliminated. Privatization and contracting with other governmental agencies or private
entities may be considered as alternative approaches to service delivery.
D. Purchasing
The City shall conduct its purchasing and procurement activities efficiently and effectively
and in compliance with all applicable state laws. The City shall strive to maximize
discounts and capitalize on savings through the use of competitive bidding, or when
competitive bidding is not required, shall seek to obtain the most favorable terms and
pricing.
Recommendations of bids, proposals, and contracts in excess of $50,000 shall be presented
to City Council for formal approval. In accordance with City Charter, change orders are
limited to 10% of the total contract amount. Change orders greater than $10,000 require
the same City Council approvals as the original contracts.
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The City has also implemented a procurement card program to provide an efficient and
cost-effective alternative to the traditional purchasing process for materials, supplies, and
travel. Program details are contained in a separate Procurement Card Policy and Procedures
document adopted by City Council. Use of a procurement card does not replace or override
the City 's purchasing guidelines or state law. Misuse of a -procurement card may be
considered misappropriation of City funds and may result in revocation of the card with or
without prior notice. The monthly statement of charges shall be, reviewed by cardholders
and their respective assigned reconcilers/approvers and monitored - by the Finance
Department forpolicy compliance.
All invoices approved for payment by the proper City authorities shall be paid within thirty
(30) Calendar days of receipt of goods or services or the invoice date, whichever is later, in
accordance with state law.
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VI.
Fund Balance/Working Capital
The City shall maintain the fund balance and working capital of its operating funds at levels
sufficient to protect the City's creditworthiness as well as its financial position during emergencies
or economic fluctuations. Unassigned fund balance is an important measure of economic stability.
It is essential that the City maintain adequate levels of unassigned fund balance to mitigate financial
risk that can occur from unforeseen revenue fluctuations, unanticipated expenditures, and similar
circumstances.
A. Definitions
Fund equiis generally the difference between a fund's assets and its liabilities.
Fund balance isthe.fund equity of a governmental fund for which an accounting distinction
is made between the portions that are spendable and no spendable. In accordance with
GASB Statement No. 54, fund balance is classified, into five categories based .on the
following distinctions, which depict the relative strength of the spending constraints placed
on the purposes for which the. funds may be used:
• Non -spendable fund balance includes the portion of net resources that cannot be
spent because of their form (e.g., inventory, long-term loans, or prepaids) or because
they must remain intact, such as the principal of anendowmerit.
Restricted fund balance includes the portion of net resources on which limitations
are imposed by creditors, grantors, contributors, or by laws or regulations of other
governments (Le., externally imposed limitations), Amounts can be spent only forthe
specific purposes stipulated by external resource providers or as allowed by law
through constitutional provisions or enabling legislation. Examples include impact
fees and bond proceeds.
Committed fund balance includes the portion of net resources upon which -the City
Council has imposed limitations on use. Amounts can be used only for the specific
purposes determined by a formal action of the .Council.. Commitments may be
changed or lifted only by the Council taking the same formal action that originally
:imposed the constraint. The formal action must be approved before the end of the
fiscal year in which the commitment will be reflected on the financial statements.
• Assigned fund balance includes the portion of net resources for which an intended
use has been established by the City Council or a Council official authorized to do so
by the City Council. Assignments of fund balance are much less formal than
commitments and do not require formal action for their imposition or removal. In
governmental funds other than the general fund, assigned fund balance represents the
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amount that is not restricted or committed, which indicates that resources are, at a
minimum, intended to. be used for the purpose of that fund.
Unassigned fund balance includes the amounts in the general fund in excess of what
can properly be classified in one of the other four categories of fund balance. It is the
residual classification of the general fund and includes all amounts not .contained: in
other classifications. Unassigned amounts are technically available for any purpose.
Negative residual amounts for all other governmental funds are reported in this
classification.
B. Committed Fund Balance,
The City Council is the City-'s highest level of decision -making authority and the formal
action that is required to be taken to establish, modify, or . rescind a fund balance
commitment is a resolution approved by the City Council at a public meeting. The
resolution must either be approved or rescinded, as applicable, prionto the last day of the
fiscal year for which the commitment is made. The amount subject to the constraint may
be determined in the subsequent period (i.e., the Council may approve the calculation or
formula for determining the amount to be committed).
C. Assigned Fund Balance
The City Council authorizes the City Manager orhis designee as the City official
responsible for the assignment of fund balance to a specific purpose as approved by this
fund balance policy.
D. . Minimum Unassigned Fund Balance
The City has established a target level of unassigned fund balance. to alleviate revenue . .
shortfalls and/or unanticipated expenditures to ensure the orderly and continued provision
of services. The City shall strive to maintain an unassigned fund balance in the general
fund equal to at least 20%, or 72 days, of normal recurring operating costs, based on the
current year's budgeted operating expenditures.
E. Replenishment of Minimum Unassigned Fund Balance Reserves
if unassigned fund balance unintentionally falls below 20% or if it is anticipated that at the
completion of any fiscal year: the projected unassigned fund balance will be less than the
minimum requirement, the City Manager shall prepare and submit a plan to restore the
minimum required level as soon as economic conditions allow. The plan shall detail the
steps necessary for the replenishment of fund balance as well as an estimated timeline for
achieving such.
These steps may include, but are not limited to:
• Identifying new, nonrecurring, or alternative sources of revenue;
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City of Beaumont
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Increasing existing revenues, charges, and/or fees;
Use of year end surpluses; and/or
Enacting cost -saving measures, such as holding capital purchases, reducing
departmental operating budgets, freezing vacant positions, and/or reducing the
workforce.
The replenishment of fund balance to the minimum level shall be accomplished within a
three=year period. If restoration of the reserve cannot be accomplished within such a period
without severe hardship to the City, then the Council shall establish an -extended timeline
for attaining the minimum balance.
F. Order of Expenditure of Funds
When multiple categories of fund balance are available for expenditure (e.g., a construction
project is being funded partly by a grant, funds set aside by the Council and unassigned
fund balance), the City will first spend the most restricted funds before moving down to
the next most restrictive category with available funds.
G. Working Capital of Enterprise OperatingFunds
In enterprise operating funds, the City shall maintain working capital sufficient to provide
reserves for emergencies and revenue shortfalls, specifically in the utility funds (water and
sewer, and solid waste). A cash operating reserve shall be established and maintained at a
minimum of 15% of the current year's budget appropriation foroperating expenses.
H. Appropriation of Unassigned Fund Balance and Working CapitalReserves
Unassigned fund balance and working capital reserves shall be used only for emergencies,
non -recurring expenditures/expenses, or major capital purchases that become necessary but
cannot be accommodated through current yearrevenues. Should such use reduce balances
below the established target levels, the City Manager 'shall provide restoration
recommendations. that accompany the decision and request to utilize said balances within
the guidelines established in thispolicy.
I Monitoring and Reporting
The Finance Department shall be responsible for monitoring and reporting the City's
reserve balances. The City Manager is directed to make recommendations to the Council
on the use of reserve funds, both as an element of the annual operating budget submission
and from time to time throughout the fiscal year as needs may arise.
Compliance with the provisions of the policy- shall be reviewed as a part of the annual
operating budget adoption process, and subsequent review will be included in the annual
audit and financial statement preparation process.
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VII.
Capital Expenditures and Improvements
The City shall annually review and monitor the state of the City's capital assets, setting priorities
for the addition, replacement, and renovation of these assets based on needs, funding alternatives,
and availability of resources. This review shall be done during the annual budget process.
A. Capitalization Threshold for Capital Assets
Capital items should be capitalized only if they:
• Are owned by the City
• Have an estimated useful life of at least two year following the date of acquisition
or significantly extend the useful life of the existing asset;
• Cannot be consumed, unduly altered, or materially reduced in value immediately by
use; and
• Have a cost of not less than $10,000 for property and equipment, $50,000 for
buildings and improvements, and $150,000 for.infrastructure.
The capitalization threshold will be applied to individual items rather than to a group of
similar items acquired as a single lot (e.g., desks, chairs, etc.).
All costs associated with bringing an asset into working order will be capitalized as part of
the asset cost. This includes start-up costs, engineering, or consultant type fees that are
incurred once the decision to purchase the asset is made. The cost of land acquired includes
all related costs associated with its purchase.
Improvements will be capitalized when they extend the original life of an asset or when
they make the asset more valuable than it was originally. The replacement of asset
components will normally be expensed unless they are of a significant nature and meet all
of the capitalization criteria.
An item shall not be considered a capital asset if it requires regular replacement because of
rapid wear, a one-time use of the item will destroy it, or maintenance on an existing capital
asset merely returns the item to a functioning product, such as equipment repairs and clearing
of underground water and sewer lines.
B. - Capital Improvement Plan
As part of the annual budget process, the City shall prepare a capital improvement plan (CIP)
based on the needs for capital improvements and equipment, including replacement and
renovation and potential new projects. Annual capital spending needs shall be
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City of Beaumont
Financial Policies & Procedures
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considered within the scope of the long-range capital improvement plan, taking into
consideration pay-as-you-go financing, debt requirements, operating costs, etc.
Capital expenditures are generally defined as those to purchase and/or construct land,
buildings, improvements other than buildings, and infrastructure, including roads, .
sidewalks, bridges, utility lines, etc., in order -to provide services.over aconsiderable period
of time. Capital costs typically consist of preliminary and final engineering and design and
construction, but may also include the acquisition of land or easements. For each project
identified in the plan, a project scope and justification shall be provided for review and
consideration and shall include cost estimates, funding sources,, and projected annual
operation and maintenance costs. Capital projects shall become part of the City's asset.
inventory.
The Capital Improvement Plan shall be reviewed along with the annual budget.
Appropriations are for the life of the capital project. At fiscal year-end, projects shall be
reviewed and, if complete, shall be closed. Following completion of a project, any
remaining funds shall be re -appropriated as part of the next year's capital budget. Funds
remaining from bond proceeds may only be used in accordance with the legal use of those
funds.
C. Infrastructure Evaluation and Replacement/Rehabilitation.
Water, wastewater, drainage, street lighting, streets and sidewalks, municipal facilities, and
other infrastructure are fundamental and essential for public health and safety,
environmental protections, and the economic well-being of the. City. The City's CIP shall
be focused on ensuring that infrastructure is replaced as needed to .protect the City's
investment, to minimize future replacement and maintenance costs, to maintain existing
levels of service, and to accommodate growth.
Infrastructure will be replaced, if feasible, at the end of its useable service life. Ifupgrades
are warranted to meet current design standards, a cost/benefit analysis shall be done and
presented to the City Council for review and consideration.
D. Capital Expenditure Financing
The City utilizes several basic methods of financing its capital needs: pay-as-you-go from
current revenues, fund balance/working capital, and debt. Capital projects shall not
commence prior to the necessary funds being appropriated.
When cash funding is available, the City may elect to pay for all or part of its capital
improvements from the appropriate fund rather than through the issuance of debt. The
anticipated benefit of pay-as-you-go financing is a reduced or minimized impact on the
property tax rate and utility rates. The use of pay-as-you-go financing may not reduce fund.
balance below target levels.
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City of Beaumont
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Debt financing may include general obligation bonds, revenue bonds, and certificates of
obligation, lease/purchase agreements, and other obligations permitted by state law.
Capital improvement projects may not be debt financed for periods longer than the
projected useful life of the project or improvement.
E. Reporting
A summary and status report on capital projects and expenditures shall be included in the
monthly financial report presented to the City Council.
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VIII.
Debt Management
The City shall establish guidelines for debt financing to provide needed land, long-term capital
additions, and infrastructure improvements while minimizing the impact of debt payments on
current and future revenues.
A. Use of Debt Financing
Debt financing, including general obligation bonds, revenue bonds, certificates of
obligation, lease/purchase agreements, and other obligations permitted by state law, shall
only be used to purchase capital assets that cannot be acquired from current revenues or
fund balance/working capital. Debt financing Imay be used to fund infrastructure
improvements and additions.
B. DebtFinancing
The City shall not assume more tax -supported general jxupose debt than it retires each year
without conducting an objective analysis regarding the City's ability to assume and support
additional debt service. This analysis shall include an examination of the costs and benefits
of the proposed capital spending and the anticipated impact on the property tax rate. The
decision to issue new debt shall be based on this analysis, a review of the current and
projected conditions of the municipal bond market, and the City's ability to service the new
debt.
General obligation bonds (GOs) require voter approval and shall be issued to accomplish
projects identified inthe bond referendum. General obligation bonds shall be used to fund
capital assets of the City and shall not be used to fund current operating expenditures.
Certificates of obligation (COs) may be issued without voter approval to finance any public
works project or capital improvement, as permitted by state law. The City may issue
certificates of obligation in the event it is more economical than issuing revenue bonds.
Revenue bonds are secured by the revenues of an enterprise fund and require adequate
projected revenues to cover anticipated future payments over the life of the bonds. If the
City -determines it is feasible to issue revenue bonds, it may also. be necessary to make
adjustments to the City's utility rate structure to maintain required coverage. Coverage
requirements, and the need for and level of reserve funds to provide additional security in
support of the bonds, are subject to rating agency review and market standards.
Tax notes are issued in anticipation of tax collections, grant proceeds, bond, proceeds, or
any other lawful purpose. Tax notes are short-term, usually not more than seven years, and
are intended to boost cash flows in anticipation of future receipts of funds. The asset(s) to
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be purchased with tax notes may at times be later incorporated into an issuance of a GO or
CO on a similar or related issue.
C. Debt Structure
The term of any debt issuance may not exceed the useful life of the asset funded by the
debt. Relative to the issuance of revenue bonds, the term of the debt shall also be consistent
with the revenue -generating capacity of the asset. The maximum term -of any debt issue
shall not exceed 30 years.
The structure of any debt issuance shall be designed to achieve the best possible results for
the City given current -market conditions, etc. Consideration shall be given to the term,
amortization schedule, interest rates, yield, pricing, and call provisions.
To achieve a more favorable interest rate, the City shall strive to issue bonds in amounts
such that the issue is bank -qualified. However, if the City needs to issue debt that is non -
bank -qualified, the fact that the issue is so designated will not be a consideration if all other
factors support the issuance.
D. Debt Refunding
The City's financial advisor shall monitor the municipal bond market for opportunities to
obtain interest savings by refunding outstanding debt. The City may. issue an ;advance
refunding if the difference between when the new bonds are issued and the outstanding
bonds being refunded are called or paid at maturity is greater than 90 days. If that difference
is less than 90 days, the City may issue a current refunding. Pursuant to federal tax law, the
City may not advance refund bonds on a tax-exempt basis. There is no limit on the number
of times the City may current refund bonds.
As a general rule, the net present value savings of an advance refunding should exceed
three percent (3%) of the refunded maturities (including cost of issuance); unless a debt
restructuring is necessary.
General obligation refunding bonds do not require voter approval.
E. Bond Elections
General obligation bond elections shall be determined and set by the City Council based
upon recommendations of. the City's financial advisor, bond counsel, and underwriters. An
analysis showing the impact of the new debt on the City's tax rate and total debt capacity
will be included with each proposal to issue newgeneral obligation bonds.
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City of Beaumont
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F. Method of Sale
The City shall use a competitive bidding process for the sale of debt unless the nature of
the issue warrants a negotiated sale. The City may utilize a negotiated sale when the debt
issuance is, or contains, a refinancing that is dependent on market timing.
G. Underwriting Syndicates
As part of the debt issuance process, the City shall partner with qualified and experienced
firms. The City shall be actively involved in the debt issuance process and shall work with
the financial advisor, bond counsel, and underwriter(s) to develop and recommend the most
appropriate debt financing to meet the City's needs. For any given bond 'issue, the City may
elect to work with a single underwriter or with an underwriting syndicate, which includes
several firms and a. designated lead underwriter.
H. RatingAgencyPresentations
Full disclosure of operations and open lines of communication shall be maintained with
the rating agencies. The City shall work with the financial advisor to prepare the necessary
materials and presentation to the rating agencies. Credit ratings will be sought from one or
more of the nationally recognized municipal bond rating agencies, currently Moody's
Investor Service, Standard & Poor's Ratings Services, and Fitch Ratings, based on the
recommendation of the financial advisor.
I Bond Ratings
The City shall prudently manage the general and enterprise funds in, order to maintain or
improve the City's bond rating.
J Lease/Purchase Agreements
The City may consider lease/purchase agreements for short-term financing needs when it
is the most cost-effective option.
K. Interest Earnings on Debt Proceeds
Interest earnings on debt proceeds -in governmental funds shall be transferred to the debt
service fund. Interest earnings on water and wastewater fund and debt proceeds shall
remain in the enterprise fund.
L. Continuing Financial Disclosure
The City shall comply with all requirements for -continuing financial disclosure prescribed
by state and federal regulations and _City bond ordinances. In order to meet these
requirements, the City must annually provide certain updated financial information and . .
operating data to the Municipal Securities Rulemaking Board.
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City of Beaumont
Financial Policies & Procedures
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Incompliance with SEC Rule 15c2-12, the City is obligated to provide (1) certain updated
financial information and operating data annually and (2) timely notice of specified
material events to the Municipal Securities Rulemaking Board (MSRB) in an electronic
format as prescribed by MSRB. This information is available free of charge via the
Electronic Municipal Market Access (EMMA) system atwww.emma.msrb.org.
The information to be provided includes quantitative financial information and operating
data as well as audited financial statements. This financial disclosure must be filed by
March 31 of each year.
A material event notice must be filed within ten business days of the occurrence of any of
the following;
• Principal and interest payment delinquencies
• Non-payment related defaults associated with outstanding bonds, if material
• Unscheduled draws on debt service reserves reflecting financial difficulties
• Unscheduled draws on credit enhancements reflecting financial difficulties
• Substitution of credit or liquidity providers, or their failure toperform
• Adverse, tax opinions affecting the tax-exempt status of the City's bonds
• Modifications to the rights of bondholders, if material
• Bond calls, if material, and tender offers
• Defeasances
Release, substitution, or sale of property securing repayment of the City's bonds, if
material
• Changes to the City's credit ratings
• Bankruptcy, insolvency, receivership, or similar event of the City
• Merger, consolidation, or acquisition involving the City, including the sale of all, or
substantially all, City. assets
Appointment of a successor paying agent/registrar or, if material, a change in the
name of the paying agent/registrar
M Post -issuance Compliance
The City shall adopt a separate post -issuance compliance policy and procedures to address
the requirements of the Tax Code relative to its debt issuances. These requirements include
restrictions on the use of proceeds, arbitrage yield restrictions, and the arbitrage rebate
requirement. In general, these ,requirements are applicable throughout the period the debt
issuance remains outstanding.
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City of Beaumont
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IX.
Cash Management and Investments
The City shall invest idle operating cash in such a manner so as to ensure the absolute safety of
principal, to meet the liquidity needs of the City, and to achieve the highest possible yield in
accordance with state statutes and the City's Investment Policy.
A. Investment Management
• All aspects of cash and investment management shall be designed to first ensure the
safety of the City's financial assets.
• Cash and investment management activities shall be conducted in full compliance
with prevailing state statutes and the City's Investment Policy.
• The City shall only do business with financial institutions and broker/dealers approved
by the City Council and who have executed a written certification of their review and
understanding of the City's Investment Policy.
• The City shall design and establish policies relative to a variety of cash and
investment management issues as set forth in the City's Investment Policy.
• Investments of City funds shall be made with the exercise of judgment and care which
persons of prudence, discretion, and intelligence exercise in the management of their
own affairs. Safety of the investment principal and liquidity needs of the City must
be taken into account. before yield may become a consideration in the investment
process. Speculative investments areprohibited.
B. Investment Strategy
The City shall implement an investment strategy to achieve safety of principal, to maintain
adequate liquidity to meet operating requirements, and to achieve a reasonable yield
commensurate with the preservation of principal and liquidity. The City shall seek to
diversify the investment portfolio in terms ofinvestment type and maturity.
C. Interest Income
The City consolidates (pools) a portion of its .finds for investment. Interest earned from
these investments shall be allocated to the funds fromwhich the funds were provided.
D. Arbitrage Investments and Reporting
The investment of bond proceeds shall be made in accordance with the same priority order
of safety, liquidity, and yield. Bond proceeds shall be invested in separate instruments or
accounts and not commingled with other investment purchases. Arbitrage rebate
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City of Beaumont
Financial Policies & Procedures
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calculations shall be done for each bond issue, as required, and funds shall be set aside for
any positive arbitrage. Arbitrage shall be rebated to the Federal government when due.
E. Collateralization ofDeposits
Pledged collateral .on the City's deposits shall be held at an independent third -party
institution and evidenced by a written receipt. The type and amount of collateral shall
comply with the City's Investment Policy. Currently, all deposits shall be collateralized at
a minimum level of 102 percent of par value. Substitutions of collateral shall complywith
the City's Investment Policy. Collateral shall not be released until the replacement
collateral has been received into the City's account.
F. Reporting
A quarterly investment report shall be prepared and presented to the City Council in
accordance with state law and the City's. Investment Policy.
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City of Beaumont
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�ic
Grants
The City shall seek, apply for, and effectively administer federal, state, and local grants; which.
support the City's current and future priorities and policy objectives.
A. Grant Guidelines
The City shall seek and apply for all appropriate grants consistent with the objectives and
priority needs identified by the City or the City Council. The City shall recover indirect.
costs to the maximum amount permitted by the grant. The City may waive or.reduce
indirect costs if doing so will significantly increase the effectiveness of the grant. Grant
funding may be considered to leverage City funds; however, inconsistent and/or fluctuating
grants should not be relied upon to fund ongoing programs. The potential to incur ongoing
costs shall be considered prior to applying for a grant.
B. Grant Review and Approval
All grant submittals shall be. reviewed for their cash match requirements, their potential
impact on the operating budget, and the extent to which they meet the City's goals and
policy objectives. If there is a cash match requirement, the source of funding for the
matching funds shall be identified prior to submitting the grant application. All grant
submittals shall also be reviewed for any "in -kind" grant match being considered in lieu of
a cash match. Since an "in -kind" match requires the use of force account labor, the
requesting department shall confirm this will not negatively impact existing service levels.
All grant submissions must include an explanation of the need for the grant, the terms of
the grant, including reporting requirements, and an analysis -of the ongoing maintenance
and operations costs that will .be incurred by the City upon acceptance of the grant. The
department shall designate a Grant Admini strator for each grant. The Grant Administrator
shall coordinate all grant submissions with the City Manager or his/her designee.
The City Manager or his/her designee shall approve all grant submissions. The City
Council must approve all grant applications. If a department has a narrow window to
pursue a grant opportunity less than
$25,000 (e.g., grant funds unexpectedly become available on a compressed timeline), the
Grant application may be ratified at the City Council meeting immediately following the
submission of the' grant application.
City of Beaumont
Financial. Policies & Procedures
Adopted on: 10/27/2020
If the grant opportunity is identified during the budget process, it shall be included in the
appropriate revenue and expenditure accounts. If the grant is accepted after completion_ of
the budget process, the department applying for the grant funding shall work with the
Finance Department to prepare the associated budget amendment.
C. GrantAdministration
The Grant Administrator shall provide a copy of the approved grant submission (via email
or hard copy) to the City Manager or his/her designee and the Finance Department. Once
a grant agreement is signed, the Grant Administrator shall provide a copy of the executed
agreement to the City Manager or his/her designee.
D. GrantManagement
The Grant Administrator shall be responsible for all operational aspects of grant
management and shall maintain detailed records to ensure maximum reimbursement of
grant funds and full compliance with the grant requirements and the Single Audit Act.
The expenditure of grant funds shall follow all applicable City policies and procedures,
including purchasing and bid policies. The Grant Administrator shall verify that any
vendors selected for the grant -funded program/expenditure are not debarred or excluded
from providing goods and services under state or federal award programs. The list of
vendors debarred from doing business with the State of Texas is available at the website of
the Texas Comptroller of Public Accounts (Debarred Vendor List) at:
https:Hcomptroller.texas. goy/purchasing/i)ro grams/vendor-performance-
tracking/debarred-vendors.php. The Grant Administrator shall utilize the Official U.S.
Government System for Award Management (SAM) to verify that a potential
vendor/contractor has not been excluded or debarred before contracting with that vendor
on a federally -funded grant. SAM contains an electronic roster of debarred companies
excluded from Federal Procurement and non -procurement programs throughout the U.S.
Government (unless otherwise noted) and from receiving Federal contracts or certain
subcontracts and from certain types of Federal financial and nonfinancial assistance and
benefits. Instructions on how to access SAM may be found at:
http:/Avww.dol.gov/ofccp/re s/compliancepreaward/debarlst.htm.
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E. Grant Termination and/or Reduced GrantFunding
In the event of reduced grant funding, City resources shall be substituted only after all
program priorities and alternatives. have been considered during the budget process, unless.
the City is obligated, through the terms of the grant,. to maintain the program or.associated
positions.
The City shall terminate grant -funded programs and associated. positions when grant funds
are no longer available and it is determined that the program no longer supports City goals
and policy objectives or is no longer in -the best interest of the City The City shall complete
any outstanding obligations following the termination :of any grant funding.
F. Reporting
The Finance Department shall prepare and furnish financial reports to granting authorities
as required. Each individual department shall be responsible for program administration
and related program reporting.
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City of Beaumont
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XI.
Intergovernmental R e l a t i o n s
The City ' shall coordinate efforts with other governmental agencies to achieve common policy
objectives, share the cost of providing government services on an equitable basis, and support
favorable legislation at the state and federal levels.
A. Interlocal Cooperation in Delivery of Services
In order to promote the efficient and effective delivery. of services, the City shall actively
seek to work with other local jurisdictions to share, on an equitable basis, the costs of
services, to share facilities, and to develop joint programs to improve service to its citizens.
B. Legislative Program
The City shall cooperate with other jurisdictions to actively oppose any state or federal
regulation or proposal that mandates additional City programs or services but does not
provide the funding to implement them.
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XII.
Internal Controls
The City shall establish and maintain a system of internal controls designed to safeguard City
assets, ensure the accuracy and reliability of accounting and financial records, promote operational
efficiency, and adhere to prescribed policies in compliance with federal and state -regulations and
City ordinances and policies.
A. Written Procedures
Wherever possible, written procedures will be established and maintained by the Finance
Department for all functions involving cash handling and accounting throughout the City
These procedures will embrace the general concepts of fiscal responsibility set forth in this
policy statement.
B. Segregation of Duties
The City shall strive to maintain appropriate segregation of duties in the conduct of City
business.in order to reduce the opportunities for any person to perpetrate and conceal errors
or irregularities in the normal course of assigned duties.
C. Training
The City shall ensure that all employees responsible for cash .handling and/or financial
transactions are familiar with and understand the applicable City policies and procedures
associated with these responsibilities. Employees shall be properly trained and supervised
in the exercise of these duties-.
D. Fiscal Authority
The City shall implement appropriate levels of fiscal authority and shall design, implement,
and maintain procedures to ensure financial transactions and activities are properly
reviewed and authorized.
E. Signature of Checks
All City checks shall require two signatures. Two persons shall be authorized to sign checks:
the City Manager and the CFO. Signatures shal 1 be affixed on all City checks via facsimile
signature with a secure laser check printing system or by manual signature.
F. Electronic Payment Vouchers
The City makes payments electronically to those vendors who enroll for the service.
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City of Beaumont
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G. Bank and Investment Statement Reconciliations
The Finance Department shall receive and reconcile the monthly bank and investment
statements. The completed bank and investment statement reconciliations shall be
reviewed_ and approved by the Controller. The Finance Department shall then perform a
final review of the bank reconciliation application in the City's financial software system
to, check for unusual activity and to ensure there were no modifications made to the banking
activity.
To mitigate the City's exposure to the inherent risks of limited segregation of duties, the
employee who completes the bank reconciliations shall not handle cash or prepare related
cash or adjusting entries.
H. Recordkeeping
The City shall design, implement, and maintain procedures to ensure financial transactions and
events are properly recorded such that all financial reports are current, accurate, and up-to-date.
I Safeguarding Assets and Financial Records
The City shall design, implement, and maintain procedures to ensure appropriate and
adequate safeguards exist over the access to and use of financial assets and records. These
measures shall be designed to protect the City's assets from unauthorized access, fraud or
theft.
J Internal Audits
The City shall conduct internal audits to ensure compliance withestablished procedures
and proper valuation of recorded amounts. During the year, the Finance Department shall
conduct at least one surprise audit of each petty and working cash fund. Other programs
subject to audit include City credit card accounts and travel expense reports. All finance
directives and any recommendations resulting from either an internal audit or from an
external independent audit should be reviewed, addressed, and implemented by the
department director as quickly as possible.
K Annual Review
The City shall conduct an annual review of the system of internal controls and shall make
any appropriate changes or modifications to improve the controls.
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City of Beaumont
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XIII.
Economic Development
The City shall initiate, encourage, and participate .in economic development efforts to create job
opportunities and strengthen the local economy and tax base: The City shall account forall
financial commitments made in connection -with economic incentives granted to developers:
A. Commitment to Expansion and Diversification
The City shall encourage and participate in economic development efforts to expand
Beaumont's economy and tax base, to increase local employment, and to, invest when there -
is a defined specific long-term return. These efforts shall not only focus on new areas but
on redevelopment of older areas, the Downtown Historic. District; and other established
sections of Beaumont where development can generate additional jobs and other economic
benefits.
B. TaxAbatements
The City shall follow its established tax abatement policy to encourage commercial and/or
industrial growth .and development throughout the Beaumont. The City shall balance the
long-term benefits of tax abatements with the short-term loss of tax revenues prior to the
granting of the abatement. Factors considered in evaluating proposed abatements for
development include the location of the project, its size, the number of temporary and
permanent jobs created, the costs and benefits for the City and the impact on Beaumont's
economy and other factors specified in the City's Tax'Abatement Guidelines Summary.
C. Increase Non-residential Share of Tax Base
The City's economic development program shall seek to expand the non-residential share
of the tax base to decrease the tax burden on residential homeowners.
D. Coordinate Efforts with Other Jurisdictions
The City's economic development program shall encourage close cooperation with other
local jurisdictions to promote the economic well-being of this area.
E. Use of Otherincentives
In accordance with its established policies, the City shall use tax increment reinvestment
zones and economic development grants/loans as allowed by law and shall seek new
sources to encourage business expansion. The City shall also coordinate with state and
Federal agencies on offering any incentive programs they may provide for potential economic
expansion.
34
E
" 4A11" MMA
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution approving the purchase of firefighter
protective clothing.
BACKGROUND
The Fire Department has tested several brands of fire protective clothing over the past several
years and has determined that the line from Globe Manufacturing meets all safety standards and
offers the best value to the City. The clothing is made of fire retardant materials to provide
protection from burns and exposure to hazardous chemicals during firefighting operations and
protection from blood -borne pathogens. The estimated cost for fifty (50) sets of bunker gear is
$134,750.00.
The purchase of the protective clothing will be from Casco Industries, Inc., who is the exclusive
and sole source vendor for Globe Manufacturing.
FUNDING SOURCE
General Fund.
RECOMMENDATION
Approval of the resolution.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a contract to Casco
Industries, Inc., of Houston, Texas, the sole source for Globe. Manufacturing Co.
equipment, for the purchase of an estimated quantity of fifty (50) sets of fire protective
clothing for firefighters at $2,695.00 per set for an estimated total cost of $134,750.00;
and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Contract with Casco Industries, Inc., of Houston, Texas, for the
purposes described herein.
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 27th day of
October, 2020.
- Mayor Becky Ames -
BEAUMONT
TEXAS
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS CITY HALL 801 MAIN STREET
TUESDAY, OCTOBER 27, 2020 1:30 PM
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognitions
* Public Comment: Persons may speak on scheduled agenda items 4-6/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider a, request for a Specific Use Permit to allow a multiple -family
development and hotel in the CBD (Central Business District) located at 670-690
Orleans Street
2. Consider a request for a Specific Use Permit to. allow a bar in a GC -MD (General
Commercial — Multiple -Family Dwelling) District located at 6165 Muela Creek.
Drive
3. Consider a request for a Specific Use Permit to allow used car sales in a NC
(Neighborhood Commercial) District located at the Southeast corner of Delaware
Street and Briarcliff Drive
4. Consider a resolution authorizing the City Manager to sign a Memorandum of
Understanding -with the Lower Neches Valley Authority (LNVA) related to their
application to the Texas General Land Office for grant funding
5. Consider a resolution authorizing the purchase of four grapple trucks for use in -
the Solid Waste Division
6. Consider a resolution authorizing the purchase of two dump trucks for use in
various operations-_:
COMMENTS
* Public Comment (Persons are limited to 3 minutes)
* Councilmembers/City Manager/City Attorney 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 Akilia Bell
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.
it
October 27, 2020
Consider a request for a Specific Use Permit to allow a multiple -family development and hotel in
the CBD (Central Business District) located at 670-690 Orleans Street
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a
multiple -family development and hotelin the CBD (Central
Business District) located at 670-690 Orleans Street.
BACKGROUND
Richard -Gilbert is requesting permission for a multi -family development and hotel at 670-690
Orleans Street. This property is located in the Central Business District. Mr. Gilbert plans to
remodel the existing building to accommodate four (4) loft apartments and a hotel with twelve
(12) loft units. The existing commercial businesses on the first floor would remain., All
utilities are present, but Mr. Gilbert states he plans to upgrade the incoming electrical
capabilities.
Parking will be provided, although the CBD district does not require off-street parking. A
minimum number of parking spaces will not be enforced, however any parking that is provided
will need to adhere to city, standards in regards to dimensional requirements, ADA guidelines,
traffic flow and access management. The site plan shows 15 parking spaces aligned with the
west driveway, which is unacceptable. A revised -parking layout will be needed for final plan
approval.
At a Joint Public Hearing held on October 19, 2020, the Planning Commission recommended 5:0:1
to approve the request for a Specific Use Permit to allow a multiple -family development and hotel
in CBD (Central Business District) with the following conditions:
L. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's pre-treatment and/or F.O.G.
program as well as all applicable Building and Fire Codes.
2. Submit a revised site plan that complies with minimum parking standards per ordinance.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance with the following conditions:
Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's pre-treatment and/or F.O.G.
program as well as all applicable Building and Fire Codes.
2. Submit a revised site plan that complies with minimum parking standards per ordinance.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME:H11-holo
APPLICANT'S ADDRESS: e-1604, ��I dtoc/ If ,7C • /A 1A' S21a , ��. 2 7.0 61
APPLICANT'S PHONE #:
NAME OF PROPERTY OWNER: (!j;jP L�Y,A*?f
ADDRESS OF PROPERTY OWNER:u� D4 Xi"/1-?10D� ,(fit S7
IX 7���
LOCATION OF PROPERTYIL70— 67Z 6y�/0 0 f 6n-W9
LEGAL DESCRIPTION OF PROPERTY:
LOT NO.:3Ig 43, / 1 do LG1 C ZO OR TRACT
BLOCK NO. :5 0
ADDITION c
NUMBER OF ACRES e' PZ d ,
PLAT
SURVEY
NUMBER OF ACRES
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 lee/gal field note description. %� Q, j
PROPOSED USE: l ��/X�d IJSc� (f624 L—ACr�a I * Z�10F �l ZONE. C V 1/
ATTACH A LETTER describing all processes and activities involved with the proposed uses. `J
ATTACH A SITE PLAN drawn to scale with the information listed on the top back side of this sheet.
ATTACH A REDUCED 8'/z" X 11" PHOTOCOPY OF THE SITE PLAN. l7,
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:
LESSTHAN % ACRE.................................................................$250.00
'/2 ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amended and approved by City Council.
SIGNATURE OF APPLICANT:
WN
SIGNATURE OF PROPERTY OWNER: 42Ao � �� �:f DATE: V ?' Z®
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
BEAUMONT, TX 77701
FILE NUMBER:
Phone - (409) 880-3764
Fax - (409) 880-3110
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTMTIES.
August 28, 2020
Ms. Katrina Purcell, C.F.M. Planner 1
City of Beaumont
Planning & Zoning
801 Main Street, Room 201
Beaumont, TX 77701
RE: Specific Use Permit for 690 Orleans, 670 Orleans and 672 Orleans Building
Ms. Purcell:
Please find attached the supported information for GP Realty and Management,
Inc., request for a Specific Use Permit for, 690 Orleans Building.
We are requesting a specific use permit for mixed use development for the
subject building. The building is currently mixed use with retail, restaurant and
storage. We would like to add residential so we can develop loft units on the
ground floor and second floor of the building. We are proposing less than 25
units. Please see the attached propose drawings of the loft units.
We also, are the owner of the parking lot at 468 Forsythe, the parking lot is
located at the rear of the subject building, it is a 50 space parking lot.
Thank you kindly for your consideration.
R owme
Richard Gilbert, President
Direct: 832-656-6724
4606 FM 1960 W. I PHONE (281) 895-7773
Suite 640 FAX (281) 895-0007
Houston, Texas 77069 E-MAIL richardgilbertt@aol.com
SPECIFIC USE PERMIT APPLICATION RESPONSES TO ZONING
ORDINANCE SECTION 30-26.E CONDITIONS
BULLET POINT 1:
There are five spaces in this building complex in total. The current businesses in this block of
Orleans consists of one small restaurant and a tax preperation service. Upon completion of
renovations to 690 Orleans there will still be two spaces for additional businesses. As the
downstairs apartments will face Forsythe, they should not negatively impact businesses facing
Orleans. The upstairs apartments" will not have any negative effects on the street level
businesses as they will not encumber the entrances to those existing businesses.
BULLET POINT 2:
The surrounding properties consists of the City of Beaumont Municipal Court Building, the Jazz
and Jokes Night Club, a barber college, a tax preperation office, one restaurant, two empty
rental spaces and the building housing The Community Pharmacy. That this renovation is
inside of an existing building it will be located on the second floor of the building located at 690
Orleans which will not impede development of adjacent properties.
BULLET POINT 3:
Again, that this proposed project is inside of an existing building in downtown Beaumont the
underground utilities such as potable water supply, sanitary and storm water drainage are
already in place. The utilities to be modified will be that of upgrading the incoming electrical
capabilities.
BULLET POINT 4:
There is an existing parking lot adjacent to the building to be renovated which is owned by the
applicant.
BULLET POINT 5:
The renovations will occur during day time hours and when finished will consist of living
accommodations. Only two businesses operate in the overall building complex. Steps can be
taken to reduce noise to a minimum level during the construction phase. As the work is being
done inside an existing structure, some of the "noisier" work can be performed during after-
hours times.
BULLET POINT 6:
No exterior lighting other than that required at the entrances of the downstair accommodations
and the entrances to the upstairs accommodations. Additional lighting in the parking lot will
need to be installed to enhance safety of vehicles parked overnight. Since the surrounding
businesses, other than the Jazz and Jokes Club, outside of this structure, do not operate
during night-time hours. As such additional lighting will not cause problems for the other
existing buildings.
BULLET POINT 7:
Again, as this is an existing building located in downtown Beaumont, and renovations are
restricted to primarily interior work there will be no need for landscaping, screening or other
types of fences or barriers.
BULLET POINT 8:
The building to be renovated is located at 690 Orleans which is within the Central Business
District of the City of Beaumont (corner of Orleans and Forsythe). The Overall Plan for the
C.B.D. allows for residential accommodations to be located within the District as noted by the
existence of The Lofts of Beaumont at the corner of Forsythe and Pearl, as well as the living
accommodations in the building located at 527 Forsythe. The renovations for 690 Orleans will
be located between those two locations and will offer additional short-term and long-term living
opportunities for those persons who choose to reside within the C.B.D.
50 space
parking lot 12
01"'" I
Tenants
1 Vacant (6,000 SF)
2 2nd Fir Unfinished Space (1.3,000 SF)
3 Stir It Bistro Restaurant (3,000 SF)
4 Storage Facility (4,500 SF)
5 2nd Flr Storage Facility (3,000 SF)
6 Plush Lounge Club (4,000 SF)
i Tax Zone (3,000 SF)
6 Office Space (600 SF)
9 Jazz & Jokes (13,500)
10 2nd Fir Unfinished Space (9,000 SF)
11 Barber Tech College (3,000 SF)
12 Parking Lot 50 Spaces
FORSYTHE STREET
PP��rHtr�TS
PROPOSED NEW LOO MO -FERN LEASE
LOMOMO ACC OO MOO DD ATOOM0 ON
EN984OMO o MOLOOMO Q4 @00 OO RLEAMO
M� FLOOR)
SCALE: NONE IDATEJIM LITTLE
09/15
A PROPOSED BUILDING RENOVATION PROJECT FOR:
ROCHARD GOLBERT OF
QP REALTY AND HANAIIIENEMT11mc.
BEAUMONT,TEXAS
O. REVISION DATE ISHEET N O .
A ISSUED FOR REVIEW 09/23
2 OF 4
S
ORLEANS STREET
[PROPOSED NEW SHORT-TERM LEASE
LOMONQ AC6C OO NG)DD ATOONS ON
EXOSTONG o MOdDD ONO AT @000 OO RLEANS
Und FLOO OOP D
DRAWN BY:
SCALE: NONE DATEJIM LITTLE
j 09/15
A PROPOSED BUILDING RENOVATION PROJECT FOR:
RUCHARD OOL BERT OF
QP REALTY AND HANAGEMENT90MC.
BEAUMONT,TEXAS
NO. REVISION DATE SHEET N O
A ISSUED FOR REVIEW 09/23
3 OF 4
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A MULTIPLE -FAMILY DEVELOPMENT
AND HOTEL IN THE CBD (CENTRAL BUSINESS DISTRICT)
FOR PROPERTY LOCATED AT 670-690 ORLEANS STREET
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, Richard Gilbert, on behalf of GP Realty & Management, Inc., has
applied for a specific use permit to allow a multiple -family development and hotel in the
CBD (Central Business District) for property located at 670-690 Orleans Street, being
Lots 317-319 and east 40' of Lot 320, Block 50, Beaumont Subdivision, Beaumont,
Jefferson County, Texas, containing 0.60 acres, more or less, as shown on Exhibit "A,"
attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
multiple -family development and hotel in the CBD (Central Business District) for property
located at 670-690 Orleans Street, subject to the following conditions:
;and,
• Construction plans must meet all requirements by Water Utilities for water
and sanitary sewer services, including any requirements of the City's pre-
treatment and/or F.O.G. program as well as all applicable Building and Fire
Codes;
• Submit a revised site plan that complies with minimum parking standards
per ordinance
WHEREAS, the'City Council is of the opinion that the issuance of such specific
use permit to allow a multiple -family development and hotel 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 and hotel in the
CBD (Central Business District) for property located at 670-690 Orleans Street, being
Lots 317-319 and the east 40' of Lot 320, Beaumont Subdivision, Beaumont, Jefferson
County, Texas, containing 0.60 acres, more or less, as shown on Exhibit "A," is hereby
granted to GP Realty & Management, Inc., 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:
• Construction plans must meet all requirements by Water Utilities for water
and sanitary sewer services, including any requirements of the City's pre-
treatment and/or F.O.G. program as well as all applicable Building and Fire
Codes;
• Submit a revised site plan that complies with minimum parking standards
per ordinance.
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 27th day of
October, 2020.
- Mayor Becky Ames -
V1. ri
a(r)
4t
hop
AD
4IN
y ITT Z�
fe�
WD
WD.
THE LOT ON WHICH THE EXISTING BUILDING
SITS IS APPROX. 14520 S.F. (0.33 ACA.
THE DOWNSTAIRS IS APPROX. 6740 S.F. OF
WHICH APPROX. 4920 S.F. WILL BE USED
FOR LONG-TERM LIVING.
THE UPSTAIRS IS APPROX. 13300 S.F. OF
WHICH ALL OF THE SPACE WILL BE USED
FOR SHORT-TERM LIVING.
A VACANT LOT ADJACENT TO THE BUILDING
PROPERTY CONSISTS OF APPROX.12000 S.F.
WHICH WILL BE USED FOR PARKING.
TIII 1210.00'
51P�G-SI—IS TT-11
VACANT LOT
�W
(PARKING AREA) i
I
m
N x z 11 PARKING SPACE
0 4 4 y L 1_
- 1 1--�
\ \ \ o pi
�_ \ `.\EXISTING 2-STORY BUILDING
N LOCATED AT 690 ORLEANS
\(TO BE REMODELED).
` SEE ACCOMPANYIING SURVEY`
INFORMATION FOR \ \ �\
LEGAL DESCRIPTION
Z G 120.0'
Ao 180.01
00
ORLEANS STREET
60.01'
O
COZM
C m X
r C
z o z
0 ;o7G
ego
ROTE PLAN FOR P(ROPOoEO
A PROPOSED BUILDING RENOVATION PROJECT FOR:
NEW LONG- a ✓ Hanir-TORImm. ILEAGLE
�BIJULDONG
Ro6bl°JRD
�oaoGG�4 Off
GYBosTaRrm 87 ®oo ORL ANO OTHEET
SP REALTY AND
N&mA(MENEI�T, gHC.
SCALE:
DRAWN BY:
J. LITTLE
NO.
REVISION
DATE
BEAUMDNT,
N O
A
ISSUED FOR REVIEW
SHEET
111.30.
DATE:
9/24
.
09/24/20
1 OF
4
dgmarcnigibf2001site.cign Sep. 25, 2020 11:47:36
EXHIBIT "B"
2
October 27, 2020
Consider a request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial —
Multiple -Family Dwelling) District located at 6165 Muela Creek Drive
BE,AUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow a bar.
in a GC -MD (General Commercial — Multiple:Family Dwelling)
District located at 6165 Muela Creek Drive.
BACKGROUND
J.R. Mora of Classic Construction would like to open a bar at 6165 Muela Creek Drive. The
bar will be named Pour09 and will consist of a downstairs indoor bar, an outdoor patio bar with
various games and a rooftop bar. Food will be offered onsite and/or provided by food trucks.
Hours of operation will be 11 a.m. till 2 a.m. seven (7) days per week.
At a Joint Public Hearing held on October 19, 2020, the Planning Commission recommended 5:0 .
to approve the request for a Specific Use Permit to allow a bar in a GC -MD (General Commercial
— Multiple -Family Dwelling) District with the following condition:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's pre-treatment and/or F.O.G,
program.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Approval of the ordinance with the following condition:
1. Construction plans must meet all requirements by Water Utilities for water and sanitary
sewer services, including any requirements of the City's pre-treatment and/or F.O.G,
program.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 30, City. Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: C �� S S r"< Co o s t, J It- V1,7 0160)
APPLICANT'S ADDRESS:APPLICANT'S PHONE PHONE #: ` 0 5-6 — 6 o t o - _ FAX #: q g . 3 Lt •7 --11 D 7
NAME OF OWNER: AP VAI
ADDRESS OF OWNER: 6175 Al -roij GN LAH,�►�N�, �'7�%ti
LOCATION OF PROPERTY: NlIA6LA, Cam - 9 A�'20nf7, `7x
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. 1 j S -4110 OR
BLOCK
ADDITION
NUMBER OF ACRES
22
r-1
�-
PLAT
SURVEY
NUMBER OF ACRES
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.
PROPOSED USE: ZONE:
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 %Z" X 11" PHOTOCOPY OF THE SITE PLAN.
CMG' i'1 1L7
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:
LESSTHAN %Z ACRE.................................................................$250.00
%z ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE....................................................................$650.00
I, being the undersigned applicant, understand
areas depicted on the site plan shall be adhere
SIGNATURE OF APPLICANT:
SIGNATURE OF
PLEASE TYPE OR PBB5 AND SUBMIT TO
FILE NUMBER:y� 'g
all of the conditions, dimensions, building sizes, landscaping and parking
as amended and y ity Council.
DATE:
l (IF NOT APPLICANT) DATE:
CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
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.
To whom it may concern,
l a' i i
The proposed use for the property specified in the application is for the construction ;�Ilme� the
opening of a new bar/restaurant venue. Pour09 will consist of a downstairs indoor ba'fli'MR.
seating, an outdoor full -service patio with seating and outdoor gaming areas, and a fi',�I S; rvice
rooftop bar with seating. Pour09 will be serving gourmet pizzas, cocktails and other:a'.du11 11
ICI li !I�;
beverages. It will also have a fulltime Tex-Mex fusion food truck on site to offer additiI) od
selections. !!ai.
Thank you for your consideration..
Min Dai
CEO
®bane Restaurant Group
C: 281.989.8104
F: 409.225.5630
TO"*
Japanese Steak House & Sushi Bar
CLASSIC CONSTRUCTION
09/24/2020
Dear City of Beaumont,
Please find the following question response as requested for the Specific Use
Permit Application section 30-26E Zoning.
1. That the specific use will be compatible with and not injurious to the use
and environment etc.....
No, it will not.
2. That the establishment of the specific use will not impede the normal
and orderly development etc,.....
No, it will not.
3. That adequate utilities, access roads, drainage and other facilities will be
provided.
Yes
4. The design, location and arrangement of all driveways and parking etc...
It will not
5. That adequate nuisance prevention measures have been taken etc....
Yes it has
6. That directional lighting will be provided so as to not disturb etc......
It will not disturb
7. That there are landscaping and screening to insure harmony etc....
Will be provided
8. That the proposed use is in accordance with comprehensive plan.
Yes, it will be
Best Regards,
Owner/President
6115 Muela Creek Dr. Ste B, Beaumont Tx. 77706 409-656-3939 Jripp@classicconstructiongc.com
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A BAR IN A GC -MD (GENERAL
COMMERCIAL -MULTIPLE FAMILY DWELLING) DISTRICT
FOR PROPERTY LOCATED AT 6165 MUELA CREEK DRIVE
IN THE CITY OF BEAUMONT, JEFFERSON COUNTY,
TEXAS.
WHEREAS, J.R. Mora, on behalf of Classic Construction, has applied for a specific
use permit to allow a bar in a GC -MD (General Commercial -Multiple Family Dwelling)
District for property located at 6165 Muela Creek Drive, being Lots 14-16, Old Dowlen
Business Park, Section 2, Beaumont, Jefferson County, Texas, containing 0.872 acres,
more or less, as shown on Exhibit 'A" attached hereto; and,
WHEREAS, the Planning and Zoning Commission of the City of Beaumont
considered the request and is recommending approval of a specific use permit to allow a
bar in a GC -MD (General Commercial -Multiple Family Dwelling) District for property
located at 6165 Muela Creek Drive, subject to the following condition:
;and,
• Construction plans must meet all requirements by Water Utilities for water
and sanitary sewer services, including any requirements of the City's pre-
treatment and/or F.O.G. program `
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow a bar 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 bar in a GC -MD (General Commercial -Multiple
Family Dwelling) District for property located at 6165 Muela Creek Drive, being Lots 14-
16, Old Dowlen Business Park, Section 2, Beaumont, Jefferson County, Texas,
containing 0.872 acres, more or less, as shown on Exhibit "A," is hereby granted to
Classic Construction, 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 condition:
• Construction plans must meet all requirements by Water Utilities for water
and sanitary sewer services, including any requirements of the City's pre-
treatment and/or F.O.G. program.
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 27th day of
October, 2020.
- Mayor Becky Ames -
2426-P: Request for a Specific Use Permit to allow a bar in an GC -MD (General
Commercial — Multiple -Family Dwelling) District.
Applicant: J.R. Mora of Classic Construction
Location: 6165 Muela Creek Drive
0 100 200 300
1 1 1 1 1 Feet
EXHIBIT "A"
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October 27, 2020
Consider a request for a Specific Use Permit to allow used car sales in a NC (Neighborhood
Commercial) District located at the Southeast corner of Delaware Street and Briarcliff Drive
BEAUMONT
TEXAS
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Chris Boone, Planning & Community Development Director
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a request for a Specific Use Permit to allow used
car sales in a NC (Neighborhood Commercial) District located at the
Southeast corner of Delaware Street and Briarcliff Drive.
BACKGROUND
Munro Properties would like to use their property at the southeast corner of Delaware Street and
Briarcliff Drive for used car sales. Persons wishing to sell vehicles will commission with
Munro Properties to park their vehicle on the lot and will deal with prospective customers
themselves. No structures will be built on the property.
While the property in question is zoned, NC -Neighborhood Commercial, is located on Delaware, .
a major arterial street, and is near multi -family developments, a nursery and is across from a
shopping center, it is adjacent to multiple single-family homes. - As such, recommending
approval of this small commercial use might be justified, however the use would need to be
mitigated in multiple ways in order to minimize impact to adjacent residential uses.
First, the use is proposed to be gravel or rock. Asa result, dust could impact adjacent
single-family uses. As such, adequate landscaping and screening fence should be required, if
approved. Second, lighting required to maintain security, especially as the. lot would not have
staff present, could have a negative impact on adjacent residential properties. As such,
directional lighting should be directed away from adjacent residential properties.
Also, used car sale lots adjacent to residential neighborhoods often have the negative impact of
customers using local residential streets for test driving the vehicles. As: such, a "No Left Turn"
sign should be installed, directing traffic away from Briarcliff.
In addition, Engineering has raised several issues concerning the design and layout of the
parking lot. The northernmost space in the southeast parking cluster will need to be removed in
order to provide access to the eastern most spaces facing Delaware Street. Pavement markings
will not be adequate due to the grass/gravel surface, therefore wheel -stops will need to be
installed to designate the parking spaces and prevent parked vehicles from overhanging the
property line. Also, the two (2) southernmost parking spaces will need.to be removed to
accommodate the required ten (10) foot wide landscaped buffer with trees. All landscaping
must meet and be maintained to ordinance requirements.
At a Joint Public Hearing held on October 19, 2020, the Planning Commission considered the item
subject to the following conditions:
1. Place wheel stops to designate parking spaces and remove the northernmost space in the
southeast parking cluster and the two (2) southernmost spaces, and install a "No Left Turn"
sign at the exit of the property.
2. Install eight (8) foot wood or masonry fence and ten (10) foot wide landscaped strip along
south property line to meet landscaping ordinance requirements.
3. Install shielded directional security lighting only.
and recommended 5:0 to deny the request for a Specific Use Permit to allow used car sales in a NC -
(Neighborhood Commercial) District.
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 f led), signed by the owners of twenty. percent (20%) 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 more than 20% of the land immediately adjoining
the subject property. Therefore a vote of three -fourths (3/4) of the City Council shall be required
to approve the requested Specific Use Permit.
FUNDING SOURCE
Not applicable.
RECOMMENDATION
Denial of the request.
SPECIFIC USE PERMIT APPLICATION
BEAUMONT, TEXAS
(Chapter 28, City Codes)
TO: THE PLANNING COMMISSION AND CITY COUNCIL, CITY OF BEAUMONT, TEXAS
APPLICANT'S NAME: A 149 rD A its
APPLICANT'S ADDRESS: '7 U FdS �� 777,�
APPLICANT'S PHONE 134- I Vol, 7 2'i z FAX #:
NAME OF PROPERTY OWNER: �I L1 n� r`Or�ITS
ADDRESS OF PROPERTY OWNER:-7- J r6
LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERTY:
LOT NO. OR TRACT
BLOCK NO. PLAT
ADDITION SURVEY
NUMBER OF ACRES . L f�J LJ
3 �yy NUMBER OF ACRES `
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.
PROPOSED USE: (%-Ied/'14 'L I v 'A �) ZONE: ✓ 1�
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 %11 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''/z ACRE.................................................................$250.00
YZ ACRE OR MORE AND LESS THAN 5 ACRES...................$450.00
5 ACRES OR MORE...................................................................$650.00
I, being the undersigned applicant, understand that all of the conditions, dimensions, building sizes, landscaping and parking areas depicted on the
site plan shall be adhered to as amended and approgred by City Council. 7Lr-1Z-Ld-
110SIGNATURE OF APPLICANT: 6 DATE:
41
SIGNATURE OF PROPERTY OWNL+R�® �� DATE:
PLEASE TYPE OR PRINT AND SUBMIT TO: CITY OF BEAUMONT
PLANNING DIVISION
801 MAIN STREET, ROOM 201
FILE NUMBER: 2A BEAUMONT, TX 77701
Phone - (409) 880-3764
Fax - (409) 880-3110
PLEASE MAKE NOTE ON REVERSE SIDE OF CONDITIONS TO BE MET REGARDING THE SITE PLAN AND LETTER OF PROPOSED USES AND ACTIVITIES.
Munro Properties
We will be using this space for people to park their cars and sell them to people providing good frontage
and exposure for their vehicles. Our customers will park their cars on this lot and prospecting car buyers
can pull in and view them and call the car owners to set up times to view or test drive the cars. There
won't be any structures or additions to the property except an 8x4 sign as shown on the site map. This
doesn't affect the surround areas and meets the 8 conditions as described below. Thanks for your
consideration.
Eight Conditions
• This will not reduce the value of the properties around the area whatsoever as we received an
offer for the lot excluding the cell tower that was worth more than the surrounding homes
recently although that portion of that lot is vacant
• Th.is property doesn't impede the development and improvement of any property around our
lot
• This lot require no additional, utilities, access roads, curb cuts, or drainage
• This is a corner lot and will not affect the traffic of the other houses in the area
• No odor, dust fumes, noise or vibration will come from this project
• No lighting will be added to this site
• We met the needs of the landscaping to beautify the property
• The use meets the criteria of the comprehensive plan
William Harvey Munro IV "Josh"
ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW USED CAR SALES IN AN NC
(NEIGHBORHOOD COMMERCIAL) DISTRICT FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
DELAWARE STREET AND BRIARCLIFF DRIVE IN THE CITY
OF BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, Munro Properties has applied for a specific use permit to allow used
car sales in an NC (Neighborhood Commercial) District for property located at the
southeast corner of Delaware Street and Briarcliff Drive, being Lots 24-25, Block 7,
Briarcliff Addition, Beaumont, Jefferson County, Texas, containing 0.344 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 used
car sales in an NC (Neighborhood Commercial) District for property located at the
southeast corner of Delaware Street and Briarcliff Drive, subject to the following
conditions:
;and,
• Place wheel stops to designate parking spaces and remove the
northernmost space in the southeast parking cluster and the two (2)
southernmost spaces, and install a "No Left Turn" sign at the exit of the
property;
• Install eight (8) foot wood or masonry fence and ten (10) foot wide
landscaped strip along south property line to meet landscaping ordinance
requirements;
• Install shielded directional security lighting only
WHEREAS, the City Council is of the opinion that the issuance of such specific
use permit to allow used car sales 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 used car sales in an NC (Neighborhood
Commercial) District for property located at the southeast corner of Delaware Street and
Briarcliff Drive, being Lots 24-25, Block 7, Briarcliff Addition, Beaumont, Jefferson County,
Texas, containing 0.344 acres, more or less, as shown on Exhibit "A," is hereby granted
to Munro Properties, 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:
• Place wheel stops to designate parking spaces and remove the
northernmost space in the southeast parking cluster and the two (2)
southernmost spaces, and install a "No Left Turn" sign at the exit of the
property;
• Install eight (8) foot wood or masonry fence and ten (10) foot wide
landscaped strip along south property line to meet landscaping ordinance
requirements;
• Install shielded directional security lighting only.
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 27th day of
October, 2020.
- Mayor Becky Ames -
425-P: Request for a Specific Use Permit to allow used car sales in a NC (Neighborhood
Commercial) District.
Applicant: Munro Properties
Location: Southeast corner of Delaware Street and Briarcliff Drive
0 100 200
1 1 1 1 Feet
EXHIBIT "A"
.CELLTOWER� I
W lsral
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J
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$f
1 C Drainage Line
[WrABuf�[d9 Oxa�9RaA Hdy
BRIARCLIFF STREET
i
4
PROPOSED i
N SED SITE PLAN �
Scale:16'=l'-0"
PROJECT m
F_-
m
2
W
SITE PLAN
Sheet
24"X18"
1 OF ]
0
October 27, 2020
Consider a resolution authorizing the City Manager to sign a Memorandum of Understanding
with the Lower Neches Valley Authority (LNVA) related to their application to the Texas
General Land Office for grant funding
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Bart Bartkowiak, Chief Technology Officer
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution authorizing the City Manager sign a
Memorandum of Understanding with the Lower Neches Valley
Authority (LNVA) related to their application to the Texas General
Land Office for grant funding.
BACKGROUND
The LNVA will submit an application to the GLO for Community Development Block Grant
(CDBG) Hurricane Harvey State Mitigation Competition funds. This application is for a
proposed 1,100 acre reservoir, located in northwest Beaumont in close proximity to their two
canals bringing water from the Neches River. This reservoir is intended to provide prolonged
reliability of the surface water during a natural disaster.
The City of Beaumont is also applying for funding under this grant program for a west end Water
Treatment Plant. This proposed plant will use water from the LNVA for treatment. The
proposed LNVA reservoir will improve reliability for the new water treatment plant by holding
fresh -water than can be used for treatment.
Under this MOU both parties agree to provide timely progress updates as the projects develop or
change.
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 Manager be and he is hereby authorized to execute a Memorandum of
Understanding between the City of Beaumont and Lower Neches Valley Authority (LNVA)
relating to Texas General Land Office grant funding for a proposed 1,100 acre reservoir
and a proposed water treatment plant. The Memorandum of Understanding 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 27th day of
October, 2020.
- Mayor Becky Ames -
MEMORANDUM OF UNDERSTANDING
BETWEEN
LOWER N ECH ES VALLEY AUTHORITY
AND
CITY OF BEAUMONT, TEXAS
This Memorandum of Understanding (MOU) is made and entered into effective the dates) hereinafter
stated by and betweenthe Lower Neches Valley Authority ("LNVA") and the City of Beaumont, Texas (the
"City"). Both LNVA and the City acknowledge and concur with the following:
WHEREAS, the LNVA, a conservation and reclamation district, a political subdivision of the State of Texas,
desires to construct a freshwater supply reservoir of approximately 1,100 surface acres located on the
northwest side of Beaumontto provide a reserve supply of freshwater in the event of a natural disaster
wherein its pumping plants cannot supply customer demand.
WHEREAS, the City of Beaumont, a body politic and corporate, with a beneficiary population of
approximately133,000 persons served by its municipal drinking watersystem, desires to construct a new
15 Million Gallon per Day (MGD) surface water treatment plant on the northwest side of Beaumont for
provision of potable drinking waterand fire protection to its service area.
WHEREAS, the City of Beaumont requests and the LNVA agrees to provide an amount of freshwater
needed to supplythe proposed 15 MG D surface watertreatment plant, thereby incorporating the City of
Beaumont into the LNVA's customer base.
WHEREAS the City of Beaumont water distribution system has been subjected to the detriment of multiple
flooding and salt water intrusion events including Hurricane Ike in 2008, Hurricane Harvey in 2017, and
Tropical Storm Imelda in 2019.
WHEREAS, the LNVA has endured the inundation of its pumping facilities during Hurricane Harvey in 2017
potentially rendering it unable to supply freshwaterto its municipal wholesale customers with an existing
population totaling approximately 115,000.
WHEREAS, the LNVA and the City of Beaumont have a mutual interest in the prolonged ability to provide
its respective customers, totaling in excess of 245,000 persons, with a reliable watersource.
WHEREAS, the United States Department of Housing and Urban Development (HUD) allocated
$4,297,189,000 in Community Development Block Grant (CDBG) -Mitigation (MIT) funds to the State of
Texas through their notice published in the Federal Register, 84 FR 45838 (August 30, 2019).
WHEREAS, the Texas General Land Office (GLO) has been designated by Governor Greg Abbott to
administer CDBG-MITfunds on behalf of the State of Texas.
WHEREAS, the GLO'sState of Texas CDBG Mitigation Action Plan: Building Strongerfor a Resilient Future
(the Action Plan) outlines the use of funds, programs, eligible applicants, and eligibility criteria for these
CDBG-MITfundsand dividesthe $4,297,189,000 CDBG-MITfundsamong eleven (11) mitigation programs,
including three (3) competitions which provide the opportunity for local applicants to identify potential
mitigation projects within their own communities and apply directly to the G LO forfunds.
EXHIBIT "
WHEREAS, one (1) of the three (3) competitions is the "Hurricane Harvey State Mitigation Competition".
WHEREAS, both the LNVA and the City own and operate assets within Jefferson County, Texas, an eligible
county designated forthe Hurricane Harvey State Mitigation Competition.
WHEREAS, the LNVA and the City of Beaumont each intend to apply for grant funding under the
aforementioned program and recognize that their respective projects are mutually beneficial.
NOW, THEREFORE, in consideration of the benefits to the constituents within the service areas and the
State of Texas, The Board of Directors of the Lower Neches Valley Authority and the City Council of the
City of Beaumont, Texas, acting in consortium, find it appropriate to enter into this Memorandum of
Understanding and hereby assertthe following:
1. The City of Beaumont intends to obtain raw surface water from the LNVA for treatment at its
proposed 15 MGDsurface watertreatment plant located in northwest Beaumont.
2. The LNVA has capacity and is willing to provide said 15 MGD raw surface water supply to the
proposed City of Beaumont surface watertreatment plant.
3. The LNVA's proposed 1,100 acre reservoir, located in northwest Beaumont, provides a benefirtof
prolonged reliabilityof the surface watersupplyduringa natural disaster similar to that which has
rendered the City's watersystem ineffective in the past.
4. Each party will provide timely progress updates to the other as the project(s) develop and/or
change(s).
LOWER NECHES VALLEY AUTHORITY
Approved by vote of the Board of Directors on the 20th day of October, 2020.
Jeanie Turk, Board President Date
CITY OF BEAUMONT, TEXAS
Approved by a vote of City Council on the _ day of October, 2020.
BeckyAmes, Mayor Date
k-I
October 27, 2020
Consider a resolution authorizing the purchase of four grapple trucks for use in the Solid Waste
Division
BEAUMONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd Simoneaux, Chief Financial Officer
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution authorizing the purchase of four
grapple trucks for use in the Solid Waste Division.
BACKGROUND
The grapple trucks will be purchased from Grande Truck Center, Inc., of San Antonio, in the
amount of $911,966.48. The new units will replace models that have surpassed their useful life
expectancy. The trucks are used for the collection of heavy trash. The existing units will be
disposed of in accordance with the City surplus property policies.
Pricing was obtained through the Houston -Galveston Area Council (HGAC); a cooperative
purchasing association providing cities and political subdivisions with the means to purchase
specialized equipment at volume pricing. HGAC complies with State of Texas.' procurement
statutes.
Manufacturer's warranty is twelve (12) months.
FUNDING SOURCE
Solid Waste Fund.
RECOMMENDATION
Approval of the resolution.
HGACBuyCONTRACT PRICING WORKSHEET
For MOTOR VEHICLES Ottly
Contract '
No•: HTO6-20
Date
prepared: i 0/14/2020
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC a 713-993-4548. Therefore please type or print legibly.
Buying iCity of Beaumont
Agency: i
Contractor: ;Grande Truck Center
Contact °
=JeffHarville
Person: i
Prepared Prc
p :Keith ShoffstalI
By:
Phone: :409-679-1214
Phone: 210-666-7112
Fa:: •210-666-7216
Email: =
F.mail: '=.rshoffstallagrandetnick.com
Produ
Codeat = M2
Description: Iwestern Dtar 4700SB
Ai:Frti'dicfIt►ii$asF I3iiif:Piee=Ee'r:iuo;ifractiit•.sk;=GAC:eoiitraet:::::::::'''
:::':::::::::=: :. 79925
)3 ( g)f'i�t:kirliiibsllCeitedf :t.t.o.t.is...•;.:I..t.t....e.:.b.e.i.o.�.v.:.�.A..t.t.a.c..h.::fi..d.c.l.i..o.ri..a..S...e.eri.....i
....fi..l..e..;..:..:.=.:..:.=.:.=...............r.............
...........:.. e.tz............ ...................... c�........... ................1.1. c..
5t:iwt iidndn ctd kap..............................ri.:.:.....:.... .:.
............................................................................•••........
Description i Cost
Description ICost
1241G3 Cummins 370 2000
LT62TE Loader 107011
368002 Allison 4500RDS 5000
0
361001 Horton 2 s I,dn H =
ed uti ° t - - :1200
- - - -0
536051 20K Ft Axle:•..:.,::.•.,::.:-,:..;�-.:::....:.:....,.,..; .:...::::::.:,...= =::r�:::= ::=::
:,:, :, ..._:....:_:�....�::,... ....,:.-:,,.: :�:-::: 0
420050 40K RearAxlc: _:•.,,....�:_ :..;:_.;.�•:::,:.;:.. .:,•:,;.�:_.. ..::..::::...:::;.�:.::.2100
::.,..,..:.-::.:...:-.;� ::•:•::._:::::.__:..;.::.t:::.:::;:=....:.1:.r-:=;�' 0
552017 WB :::::':'.: ;:::i:).,,: :._.:._,..._..:.... ....::::.:.:: <:450.0
:..:...;:::;.;.-.;:: :_.:.:::.:.::_::.:_.:: _=• - 0
i
6221DC Hivf:C-Suspension ::: :::. .... .. . .... 6580
- - --_ 0
0940JY 31518OR Ft Tires _. .. .. : _ .: - 2000
0941KT IIR22.5 Rear Tires = 775
0'
654011 Heated Power Mirrors i 750
0
722028 Power Windows 500
Subtotal From Additional Sheet(s):
0
g 0
147916
ou It 1 rf dt n eta$).. ecessa-y::::::::::::::::::::::::::.:::;:::;:::::::;:::;:::::::::::::::;:::::::::::::::::::;:::::::::;::
1 •. "s = 'einze: 'e tip'. atAc7i:ad 't'o al: slit'' i# ii`' r''
t ale:Uli' iibiisfiei}o'ttdiisii:item'sitliI'cti:+4ere:iiot stibmi'ttearid 'ri ed Iri:tintractoi'sbi =
.......................................................................................................
Description i Cost
Description i Cost
upgrade to Palfinger 2843
0
Beaumont W/S Additional Discount-2942.38
Subtotal From Additional Sheet(s): r_ �
0
Subtotal C: 1 -99.38
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: For this tt attsactiott the percentage is 0%
Price plus Published Options (A+B). E
D; i'.af6l:•eoff -B:eSor�'-Xji'-: - lieab[eTraiio.IriJ Qthe ...... r_ .. tees /D.... * ......B .::. =:=:?
...]'...P1?...............................................(!.................................................._
Quantity Ordet•ed: 0
X Subtotal of A -h B -h C: 11 227741.62 —
Subtotal D: i 910966.43
:;•
1IOAC Leo::: ::;:;:•:::•:;:;:;:;: ; :•:•:::•::•:•::::::::.:.::.:.:...:.:.:.:.:.:.::;:;::: :::::'::::.:.:.:.:.:.:.:.:..::;:;:::;.... .... :::::::::: ::::
Subtotal E: ' I 000
�::'�rade=Isis:l�pectak:piscnuttts•f:Otfiea��ik4l6�vailces:f- t:t-etglit CXiist� (»t b t / 1T sseilane- us Etkar� s..•:::.•.•:.:.:............•:. _•_:.-.-.•.-:.•.•.-:.-:.:•.-:..•..... .
Description Cost
Deseelption Cost
-_—__ - -
- - -- — - - - ---
• i
Subtotal F.: 0
:_D:eivei'y:Da#�,.
911966.48
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of four (4) grapple trucks for use
by the Solid Waste Division from Grande Truck Center, Inc., of San Antonio, Texas, in
the amount of $911,966.48 through the Houston -Galveston Area Council (HGAC)
Cooperative Purchasing Program.
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 27th day of
October, 2020.
- Mayor Becky Ames -
T
October 27, 2020
Consider a resolution authorizing the purchase of two dump trucks for use in various operations
BEAU'MONT
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Todd.Sinioneaux, Chief Financial Officer
MEETING DATE: October 27, 2020
REQUESTED ACTION: Council consider a resolution authorizing the purchase of two
dump trucks for use in various operations.
BACKGROUND
One Western Star 4700SB dump truck in the amount of $13.1,156.24 will be purchased for use in
the Streets & Drainage Division. This will replace unit 3268, 1997 Volvo WG64 Dump truck,_
which has exceeded the expected. service life, and will be disposed of in, accordance with the
City's surplus equipment policy.
One Western Star 4700SB dump truck in the amount of $131,156.24 will be purchased for use in
the Water Reclamation Division. This will replace unit 3316, 2004 International 7600 Dump
truck, which has exceeded the expected service life, and will be -disposed of in accordance with.
the City's surplus equipment policy.
The total ($263,312.48 includes.an administrative fee of $1,000) pricing was obtained from
Grande_Truck Center, Inc., of San Antonio, Texas, through the Houston -Galveston Area Council
(HGAC), a cooperative purchasing association providing cities and political subdivisions with
the means to purchase specialized equipment at volume pricing. HGAC complies with State'of
Texas' procurement statutes.
Manufacturer's warranty is twelve (12) months.
FUNDING SOURCE
Capital Reserve Fund and Water Utilities Fund.
RECOMMENDATION
Approval of the resolution.
CONTRACT PRICING WORKSHEET
HGACBWHT06-20
Contract i
Date
i
For MOTOR VEHICLES Only
No.: i
10/15/2020
Prepared: i
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly.
Buying
Agency: ;City of Beaumont
Contractor: =Grande Truck Center
Contact i Jeff Harville
Prepared '; Keitll Shofistall
Person: 4
By: _
Phone: 1409-679-1214
Phone: ':210-666 71I2
Fax: ':
Fax: i210-666-7216
Eroan: ?
Email: irshoffstall@grandetruck.com
Product 1I2
i
Code: i
Description: ;Western Dtar 4700SB
t1i:P1'O(�11Ct ZtC1Ii $ elil :1'19 I?' I . t Yi .'.......................................................................
as ..... f , ...4 .. e.. cant . acto •.s• T-GAG.`Cont act:..:.:.:.:::.:.:.:.:.:.:.:.:.:.:.:::.:.:.:.:.:.:.:.:.:.:.:.:...:.:.:::::::::::::::....:::::::::::;::::::::: 79925
:-li}tb shed: pt ti:. ietnlze:belo�l!:�• Attach•attd�t�4n'Asheet(s).:i>t:Tadce as y.: ltctude: l?tton.Gode:ln :desc ap:t.a.i_ :appli.�abte;;:.::::
(i oke :PubJtslted Q tttlns;are opiioilS ivlkzcii Mere subfziitted nslprt�eii_iri:Go itracfo�'s.... .
Description Cost
Description Cost
124IDJ Cummins 350 HP 1500
62211 B Tanden Dif2 Lock 245
343313 Allison 3000...:.-::.: >,.-::.•::; :..,,.;;;:::;_; :;.:. ? -.; _:b500
Warren. FL l,4., Dump:;;.::.:.:>,, 1590
361001 Horton 2speeti.FanHttb.>- '::; :::;'.:'•:=.:;;:°::::.:::: . .:::::;:.:::>..1200
,•:::::t:i-;;:; :.._.. .:::::::= 0
53605I20K FtAx[e::::::.::.:::.:.:.:::::::.:.:: ::..:_:::;• ::::..:-:::.::.: :.::::c::: 500
;.:::..: :::. _,:,.,..,:
420022 46K Re ale
............ ...
5461B2 ase_;.::::00
:..
-
- - :
423083 HD Drive.Li:ne ; .•:
0940JY 315/80R Ft Tires 2000
0
094IKT I 1R22,5 Rear Tires 775
i 0
883018 Prem Radio 750
0
583056 Ft Tow Hooks 2501
Subtotal From Additional Slleet(s): IT—J
5561EB Frame Liner 15001
Subtotal B: € 43275
CUitpiitilsltd options:=feiiize:elt:F'attachaddto'iiil:s7iget):►iecessal.,.-.•.•.•:•::.........................•...•:......._..................
• • a'w:tj iti)lishe�...tf.3.. aiB:iYehiS KiilClt:vNt YL:t1bt 9LtliillitiCil atltl• •fieecl'iL1:1{6YtttactoLJS b1Zl ::::::: :: :. ::.:.::::.:::: r::...::.:::: ...........:::-::... .
C.. ..p.. ..p.. . 1? . )..
.. ...... ...............................................:........................................................................:..............
Description Cost
Description Cost
upgrade to I5 Ft Dump 1995
0
Beaumont W/S Additional Disc-5539.76
Subtotal From Additional Sheet(s):
Hyd Truck Conveyor = 6501
Subtotal C: i 2956.24
Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit ` For this transaction the percentage is: 2
;
Price plus Published Options (A+B),IF
aut:GbskB.eida a ..............................................i
_. r3. i l?
li£atiteTraile:IriJ:Qtiie'r•sllaiyanees Il)Iseodiifs:' " "5.':::::::::::::::::::::::::::::::::::::::?
:..............................................._...............
... .
Quantity Ordetre
L____ _ `__� :Y Subtotal of A f B + C: L31156.24 =
Subtotal D: i 262312.48
Subtotal E: i 1000
l ... x�E> .ill . 15` eeiai s oiii is f.Ot1 r its l4." icasi• r t i ., ' .•.st "t :' ib' : • i -i "c@t :rigid . S:: : `• eS:::::::::::::::::::::::::::::::::=::::::;:::::: : : :.::............. .
............... P....... -•- • - - - - ....:....•....• w t•...•.•.: •£•.�•g3tf�n•.•a I�t•-: n /.ii s..-..1;1•-.�.-:u.:�.- �x�.•:.•:.•.•.•.•::.•.•.•::::.•.•.•:.•.•.•.•:.•.•.•.•.•.•:.-:.-:.-.•:.•.•.•.•.•.•::.•.•.
Description i Cost Description = Cost
__ — -
Subtot al F: ' 0
............
'i;:' '
+ $ 263312.48 . s..DeT veer •. 3ate,; :.:. =G.;.�Tafa]>Piii�cliase'Pi� c E . ..
3. (. .
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of two (2) dump trucks for use by
various City departments from Grande Truck Center, Inc., of San Antonio, Texas, in the
amount of $263,312.48 through the Houston -Galveston Area Council (HGAC)
Cooperative Purchasing Program.
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 27th day of
October, 2020.
- Mayor Becky Ames -