Loading...
HomeMy WebLinkAboutPACKET DEC 10 2002 I I MK City of Beaurnont SPECIAL MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2002 9:00 A.M. AGENDA CALL TO ORDER * Roll Call EXECUTIVE SESSION * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: Interview candidates for the position of Municipal Court Magistrate Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. �r City of Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2002 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of Certificates of Obligation or other tax exempt obligations 2. Consider approving funding for the Chamber of Commerce for Economic Development purposes 3. Consider approving a one-year renewal contract with Carolyn C. Chaney& Associates, Inc. to act as the City of Beaumont's Washington Assistant 4. Consider approving a contract for the Curb Ramp Installation Project 5. Consider approving an ordinance directing the Finance Director to establish an account known as the "Beaumont Public Library System Endowment Trust" 6. Consider granting a new solid waste collection and transportation service franchise WORK SESSION Review and discuss a proposed Tow-Truck Ordinance COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 December 10,2002 Consider approving a resolution to provide for the reimbursement of costs incurred prior to issuance of Certificates of Obligation or other tax exempt obligations QIE!~ A.. City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 3, 2002 REQUESTED ACTION: Council consider a resolution to provide for the reimbursement of costs incurred prior to issuance of Certificates of Obligation or other tax exempt obligations. RECOMMENDATION The administration requests approval of a resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations and other capital improvements and provide for the reimbursement of costs incurred prior to issuance. BACKGROUND Approximately $9 million in Certificates of obligation is expected to be issued in February 2003 to fund various public works and general improvements projects. It is necessary to incur some of the costs associated with these projects prior to the issuance of the obligations. It is the intent of the City to reimburse itself out of the proceeds of the obligations for all such costs which are paid prior to issuance. These costs shall include fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property, and construction and development costs. BUDGETARY IMPACT All debt and other expenses shall be incurred by the Debt Service Fund which is supported by property taxes. PREVIOUS ACTION None. SUBSEQUENT ACTION Subsequent Council action will be requested to approve the issuance of approximately $9 million in Certificates of Obligation in February 2003. RECOMMENDED BY City Manager and Finance Officer. RECOMMENDED MOTION Approve/Deny resolution concerning the issuance of Certificates of Obligation or other tax exempt obligations to finance street and drainage improvements, building renovations and other capital improvements and provide for the reimbursement of costs incurred prior to issuance. RESOLUTION CONCERNING ISSUANCE OF CERTIFICATES OF OBLIGATION OR OTHER TAX EXEMPT OBLIGATIONS TO FINANCE STREET AND DRAINAGE IMPROVEMENTS, BUILDING RENOVATIONS AND OTHER CAPITAL PROJECTS WHEREAS, the City of Beaumont, Texas (the "City" ) desires and intends to construct and make street and drainage improvements within the City and to expand and improve City buildings and make other capital improvements located within the City (collectively, the "Project" ) ; and WHEREAS, in order to finance and pay the costs of the Project, the City intends to issue certificates of obligation or other tax-exempt obligations in the aggregate principal amount of up to $9, 000, 000 (the "Obligations") , in one or more installments and series, and payable from ad valorem taxes and any other sources pledged to the payment thereof; and WHEREAS, in view of rising construction costs, the necessity of compliance with administrative regulations, the necessity of acquiring materials and other property for the Project and the necessity of employing certain professionals in connection with the development of the Project, it is considered essential and necessary for the City to employ and pay certain professionals, acquire materials and other property for the Project and begin construction of and work on the Project prior to the completion of the issuance of the Obligations; and WHEREAS, it is the City' s intention to reimburse itself out of the proceeds of the Obligations for all expenses and costs paid by the City prior to the issuance of the Obligations that are incurred and paid in connection with the development of the Project, including but not limited to expenses and fees paid for engineering and other professional services, acquisition costs associated with obtaining materials and property for the Project, and construction and development costs associated with the Project; and WHEREAS, the City finds, intends and declares that this resolution and order shall constitute its official binding commitment and official declaration of intent made pursuant to the Internal Revenue Code of 1986, as amended (the "Code") and the regulations pertaining thereto, including but not limited to Treasury Regulation Section 1 . 150-2, whereas, subject to the terms hereof, the City declares that it intends to reimburse itself out of the proceeds of the Obligations for the expenses and costs paid in connection with the development of the Project prior to the issuance of the Obligations, and the City declares its intent and commits to issue the Obligations, in one or more series, in the maximum aggregate principal amount of up to $9, 000, 000 for the purpose of financing the costs of acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and expenses and costs of the City in connection with the issuance of the Obligations; and WHEREAS, the City Council, on behalf of the City, finds, considers and declares that the issuance and sale of the Obligations in the amount and for the purposes set forth will be appropriate and consistent with the objectives of the City and the laws authorizing the issuance of the Obligations, and that the adoption of this resolution and order is and constitutes and is intended as (1) an inducement to proceed with providing for the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing and improvement of the Project, and (2) the taking of affirmative official action by the City, acting by and through the City Council, toward the issuance of the Obligations and the reimbursement to the City out of the proceeds of the Obligations for costs and expenses paid in connection with the Project prior to the issuance of the Obligations, all within the meaning of federal income tax laws and regulations with respect to issuance of tax-exempt obligations; and WHEREAS, the City has given notice of the meeting at which this Resolution is to be adopted as required by the Texas Open Meetings Law, Chapter 551 of the Texas Government Code Annotated Vernon' s 1994 , as amended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS, THAT: Section 1 . Subject to the terms hereof, the City Council agrees on behalf of the City that it will : a. Issue the Obligations in one or more series, after the date hereof to provide for the financing of the Project, in the maximum aggregate principal amount up to $9, 000, 000, if the City Council determines that the terms of such financing are in the City' s best interest; b. Take such action and authorize the execution of such documents as may be necessary in connection with the issuance of the Obligations, providing, among other things, for payment of the principal of, interest on, paying agents' charges and other fees, if any, on the Obligations, and the acquisition, expansion, renovation, construction, reconstruction, repairs, equipping, furnishing, improvement, use and operation of the Project, all as shall be authorized, required or permitted by law and shall be satisfactory to the City; and C. Take or cause to be taken such other actions as may be required to implement the aforesaid undertakings or as the City may deem appropriate in pursuance thereof . Section 2 . This resolution and order shall constitute the -2- official declaration of intent by the City pursuant to which the City declares that it intends to reimburse itself out of the proceeds of the Obligations for expenses and costs paid by the City prior to the issuance of the Obligations in connection with the development of the Project, including but not limited to expenses for engineering fees and other professional fees, and costs for acquisition of materials and property for the Project and construction and development costs related to the Project . This declaration is made pursuant to Treasury Regulation Section 1 . 150-2 and generally with the laws and regulations of the federal income tax laws governing the issuance of tax-exempt obligations . Section 3 . This resolution and order and the declaration of official intent herein shall be available for public inspection at all times at the City' s business office and shall remain available for public inspection until the Obligations are issued and thereafter this resolution shall be maintained as part of the permanent records of the City Council of the City. PASSED AND APPROVED this day of , 2002 . THE CITY OF BEAUMONT, TEXAS By. Mayor ATTEST: CITY CLERK THE CITY OF BEAUMONT, TEXAS (SEAL) -3- 2 December 10, 2002 Consider approving funding for the Chamber of Commerce for Economic Development purposes ...� City of Beaumont •�• Council Agenda Item g m TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Hayes, City Manager MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 3, 2002 REQUESTED ACTION: Consider funding for the Chamber of Commerce in the amount of $55,000 for Economic Development purposes. RECOMMENDATION Administration recommends funding for the Chamber of Commerce in the amount of$55,000 for Economic Development purposes. BACKGROUND The funds will be used for marketing Beaumont and business retention/recruitment efforts. Administration is extremely pleased with the relationship with the Chamber of Commerce. BUDGETARY IMPACT Funds are budgeted for this expenditure in the FY2003 Budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RECOMMENDED MOTION Approve/Deny funding for the Chamber of Commerce in the amount of$55,000 for economic development purposes. November 22 2002 �UMONT BER OF COMMERCE AND READY FOR BUSINESS The Honorable Evelyn Lord Mayor, City of Beaumont and Members of City Council 801 Main Street Beaumont, Texas 77704-3827 Dear Mayor Lord and Council Members: On behalf of the Beaumont Chamber of Commerce and the Beaumont Economic Development Foundation, I am requesting your consideration of renewing our partnership and funding assistance from the City of Beaumont toward our community's economic development program. We cordially request economic development funding in the amount of$55,000 from the City of Beaumont. This funding is utilized to perform marketing, business recruitment and retention services, and a variety of activities to stimulate the short and long term growth of our area. Our accomplishments for 2001-2002 and goals for 2002-2003 are summarized in the enclosed Annual Report. We are requesting an opportunity to present a power point presentation at a future work session to brief City Council on our new initiatives to develop a marketing strategy, financial incentives and funding to further advance the growth of the tax base. We recognize during these difficult financial times that close coordination and participation with our strategic partners is more essential than ever before and we pledge to continue to work hard to maximize the resources. We have a goal of raising $120,000 from area businesses, individuals, and other entities to supplement the $55,000 from the City of Beaumont. The general revenue budget of the Beaumont Chamber of Commerce further provides an additional $96,222.60 in salaries and benefits to complete the funding of the economic development program. We very much appreciate your continued support and look forward to working with you in the future. Sincere Jim Rich, President An Accredited Member Of The United States Chamber Of Commerce 1110 Park Post Office Box 3150 Beaumont,Texas 77704 409.838.6581 Fax 409.833.6718 i MONT = BER OF COMMERCE � AND READY FOR BUSINESS 2001-2002 Economic Lettcr from the Chairman Dcvclopmcnt Fund Invcstor Honor Roll GOLD STAR ($5,000 or morc) Auto Dealers Association CHRISTUS St. Elizabeth Dear Chamber members: City of Beaumont Entergy ExxonMobil Oil Your Chamber of Commerce is cele- a Hibernia Bank brating its 99th year as an organization Memorial Herman Baptist Hospital P P� dedicated to serving its members and Port of Beaumont the community as a catalyst to have a SBC positive impact on the economic well An SILVER STAR ($1,000 to$4,999) being of Beaumont and the surround- American Valve &Hydrant ing region. A chamber of commerce Bank One can be described as an office address, a BASF Corporation Beaumont telephone number, an email address, or BASF Corporation Port Arthur Beaumont Enterprise an organizational structure. However, Bo Mac Constructions it is really the membership that makes a Conn's difference and determines the substance - Goldstar EMS of a chamber. We take a great deal of Mason Construction pride in a program of work which is Mehaffey&Webber Owens &Minor more than words and phrases because Basic Fishcr Chisum Reliant Energy Entex you, the member, are the chamber's Robins &Morton programs, expectations, products and SouthTrust Bank dividends. VHA Southwest Comm. Health Corp. *�A* BRONZE STAR (Up to$999) Hopefully, this year will be remembered American Building Maintenance Co. for the renewal and creation of strategic Atofina partnerships locally, regionally, Bill Clark Pest Control statewide and nationally during a peri- It has been a privilege and honor for Bill Lindsey Construction od of internal transition. We met the me to serve as your chairman. I am Boise Cascade challenges of adjusting to a new office proud to have been associated with Bur Paint Inc. building, a new each Chamber volunteer and member Burns Property g� g president, Chisum Resource Management replacing a decade-old computer system during this banner year. Our Chamber Dale Carnegie Training and software, evaluating our financial is blessed with a membership of busi- Foxworth Real Estate procedures and reports, a redesigned ness and community leaders who GAJ Investments website and membership directory and understand and demonstrate best busi- GFI Inc. other publications. Most significantly, ness practices and principles. The gov- HealthCare Facilities,LLC the membership base expanded from ernance exhibited by the elected and Holiday Inn Midtown some 1400 voting members to 1800 appointed leadership (directors, divi- Holiday Inn Atrium Plaza voting members representing 1500 sion chairs and co-chairs advisor Johnson Controls Y Johnson Johnson Crabtree Architects businesses, individuals and organiza- directors) has been unparalleled. Your KFDM—Channel 6 tions who will bring renewed energy stewardship as representatives of the Lamar Bank and a more inclusive face of the busi- membership has created a lasting Lamar Institute of Technology ness community into the Beaumont benchmark for the future. LTC/Raymond James Financial Svc. Chamber and its initiatives. Congratulations to Jim Rich in his first M&D Supply year as president. My appreciation and Mason Construction This annual report documents the thanks to our exceptional staff whose Michael Lee Advertising goals, objectives and accomplishments skills and talents are limitless. To Nichols Co. On Stage Hair Design of hundreds of volunteers who are Chuck Ege, the incoming chair, best Petrocon Engineering, Inc. committed to enhancing our economic wishes in leading the Beaumont cham- Plumbing Specialties,Inc. base, creating new jobs for our work- ber into its 100th year of excellence. Poochie's—Steinhagen Oil force, increasing the population and R.O.Williams Insurance improving the quality of life for all the Sheri Arnold Properties residents of our city. You will be confi- Southwest Building Systems dent about Beaumont's future after TXI reviewing the"achievements of the XEROX Chamber divisions. 1 2001 Annual Report Economic Development along with representatives of the City,Port of development program.The continuous updating Beaumont and other local businesses.The of materials and the web-site,www.bmtcoc.org is It was a year of transition for the Economic Director of Economic Development made a vital since more and more site selection research Development Division with the selection and subsequent visit to Monterey and Guadalajara, is initiated via the Internet.The division initiated orientation of a new Director of Economic Mexico.In addition,Julio Bastarrachea,leader of the publication of a regular economic review, Development and the impact of the economic the Mexico City Office of the Texas Department which is disseminated electronically to a wide slowdown following September 11 which of Economic Development,was the featured audience,a publication on new development and impacted several potential projects.The busi- speaker of the December membership luncheon. expansions,and other publications highlighting ness retention efforts met with significant The Chamber of Commerce coordinated the current economic trends.Every quarter success as a result of the announced expan- visits of several Chinese delegations to the city Chamber staff participate in an extensive cost of sion of the United States Postal Remote and hosted with Hibernia Bank and the living survey which is reported to ACCRA,the Encoding Facility.Long term efforts to Partnership of Southeast Texas,a well attended Association of Economic Development and improve the Sabine-Neches Waterway and import-export seminar at the John Gray Center Chamber of Commerce Researchers. The expand international trade were emphasized on September 12. results are part of the national cost of living throughout the year. index. Chamber staff are active participants in The economic development division was repre- the Texas Economic Development Council and In a year in which a major recruitment success sented by a forty member council with the mis- the International Economic Development was illusive,the decision of United States postal sion to enhance the economic vitality of Council(formerly AFDC),two professional authorities to expand to the second floor of the Beaumont through partnerships with the City of organizations for economic development profes- former Texas Optical Building was a beacon of Beaumont,Entergy,Jefferson County, sionals.The Chamber President completed the light for the future of downtown Beaumont. Beaumont Main Street,and the Partnership of Economic Development Institute at the Thanks to the construction and lease arrange- Southeast Texas.The Beaumont Economic University of Oklahoma in April.Chamber staff ments negotiated by the Commissioners'Court, Development Foundation continued its fin-ther participated in Entergy's Team Cities 700 positions were added to the center making progress as a non-profit entity to develop finan- Conference in August 2002. the current number of employees 1,100 with cial resources to support the economic develop- training underway to add an additional 300 by ment program.Dalton Babineaux,president of The economic development division is enthusias- the end of the year.Trips to Washington and American Valve&Hydrant,serves as chairman tic about the Southeast Texas Entertainment Dallas in the months leading up to the expansion of an expanded board which includes Ed Myers, Complex and the Crockett Street Entertainment decision and the effort to promote the viability Jim Rich,Eddie Arnold,Eric Meadows,George District.We are committed to do everything of the Beaumont facility over the years assisted as Gardner,Bessie Chisum,and Chuck Ege.A possible to promote the success of these projects. decisions were made to close other locations. fund development campaign launched in The opening of Crockett Street and the sponsor- February 2002 with a kick-off breakfast resulted ship of events such as the Soup Box Derby are The fi-uits of recruiting a major new employer to in a successful campaign.Carlton Schwab,execu- examples of activities to attract business to the the community are evident as West TeleServices tive director of the Texas Economic venues. Corporation of Omaha,Nebraska,continues to Development Council,was the featured speaker. develop its customer contact center at the Village The Southeast Texas Economic Development Shopping Center.Efforts to expand the work- The division sponsors regular economic analysis Foundation is housed at the Beaumont force were aided by a chamber-sponsored job fair panels who gather and share information about Chamber of Commerce and is supported by the at the Civic Center in December,which allowed Beaumont and Southeast Texas.Community staff. The Chamber's President serves as the the company to meet its hiring quotas.Contacts areas represented on the panel include real estate, Executive Director and there is a thirty-three- with corporate executives throughout the year transportation,workforce,and government. member board of directors comprised of busi- suggest the Beaumont location is viewed as a Other areas include convention and tourism, ness and community leaders from Jefferson, very successfiil corporate expansion.Such success retail,and downtown redevelopment and other Orange,and Hardin Counties.Chuck Ege,pres- contributed to Southern Business and experts. Press conferences were held at the City ident of Bank One,Texas serves as the chairman Development Magazine naming Beaumont as Council chambers in October,January,April, and Wade Billingsley,a State Farm Insurance one of the top ten mid-size markets for the and July to report on economic activity.The agent,is the vice-chairman.The foundation is a decade. division welcomed Rick Smyre,a nationally certified development company licensed by the known futurist who lectures on the communities U.S.Small Business Administration to market, Keeping an eye on the long term needs of the of the future in January. process,and service small business loans.Job area is a major focus of the economic develop- growth through local new business development ment efforts,and this year emphasis was placed Chamber staff responded to thirty five requests is a major goal of the Chamber's economic on voter:approval of the new Jefferson County for proposals based upon specific business leads development program and the foundation pro- Waterway and Navigation District to insure and over fifteen hundred general requests for vides growing businesses with long term,fixed proper maintenance of the Sabine-Neches information about doing business in Beaumont. rate financing for the purposes of acquisition of Waterway. The division assisted the government The area enjoyed major progress with new retail land,buildings and/or improvements to con- and public'affairs division in promoting voter development along Dowlen Road and the struct new facilities.Four new loans were author- approval on November 6.The benefit of announcement of several new projects especially ized during the year including the Executive Inn expanding international trade formed the prem- the major expansions for Parkdale Mall,CHRIS- located in Groves,Texas,Tres Caballeros ise for participation in the second Texas Trade& TUS St.Elizabeth Hospital and Memorial Inc.(equipment and real estate)in Port Arthur, Investment Mission to Mexico City on May 15- Hermann Baptist Hospital.The ability to and Alters Gem Jewelry in Beaumont.The 17. Beaumont was one of seven communities respond quickly to requests for demographics, Foundation will also serve as the 501 C(3) who participated in the event sponsored by the trends,and resource information about the organization to support the air travel bank pro- Texas Department of Economic Development Beaumont is the cornerstone of any economic gram to attract air service to Southeast Texas. 2 Education Division business partners with schools,and the Beaumont Two youth leadership programs were held in April Chamber of Commerce employed a West Brook and June. One program was presented to 42 The education division has long recognized the tie High School office education student 20 hours a BISD eighth grade students,and the other pro- between quality schools and a successful community. week. gram kicked off the ExxonMobil's green-team The purpose of the education division has been to rein- summer work program for 70 students entering force those ties with the Beaumont Independent School Chamber staff,government and public affairs divi- their senior year. District,Lamar University and Lamar Institute of sion members and education division members Technology by supporhigprogramswhich fosterposi- attended BISD board meetings,the public inform- Beaumont Chamber tive results tion meetings and other meetings with the supenn Foundation (dba tendent and trustees concerning the bond issue. In 2000,famed oceanographer and explorer Dr. Leadership Education Robert Ballard was the guest Speaker for the Leadership Beaumont Foundation) Beaumont Chamber of Commerce annual meet mg. Business and community leaders were so Lead-shi p Beaumont a�g shi p program s p on- The Beaumont Chamber Foundation,dba the impressed the experience relayed by Dr. Bored by the Beaumont Chamber of Commerce,is Leadership Education Foundation,is a 501c3 Ballard and his description of the JASON Project one o the oldest community leadership in they formed the Jason Alliance of Southeast Texas f � p tax free organization that operates the the State of Texas. Leadership Beaumont program,enabling tuition to bring the project to our area. In addition to a and contributions for scholarships,youth leader- year long science curriculum supported by the Leadership Beaumont celebrated its 30th year with ship and other educational programs operated by Intemet,during the days of January 28 to February the graduation of 39 participants and an alumni the foundation to be charitable donations. 8,2002 at the John Gray Center at Lamar annual meeting on April 4 at the Beaumont University over 9,500 students,teachers and other Count Club. Speakers representing each decade The Foundation sponsored two fundraising interested individuals from Southeast Texas attend of the program included Ken Bartos from the first projects. p' August ed live satellite broadcasts of Dr.Robert Bollard's P glum ro ects. S ice of the Season was held Au t class in 1971;Evelyn Lord,who holds the record of 29,2002,and a golf tournament September JASON M,Frozen Worlds science expedition being chaimran for the longest term(6 years), 30,2002 netting the foundation more than from Alaska. A business after hours event was held spoke for those who attended the program during $17,000. These fundraising successes were in during one of the broadcasts.Dr.Ballard returned the 1980's and Michael Clayton, resident ceo of o P � part because of the following sponsors: to Beaumont March 27 for a lecture at Lamar the Better Business Bureau of Southeast Texas,rep- American Valve&Hydrant,The Beaumont University's Montague Center to encourage future resented the classes of the 1990's. Also,addressing Enterprise,Neil A.Burrell,DPM,Chisum support for the JASON Project and to update the the alumni and the 2002 class gradtthe uaes was community on his future expeditions.The board of Resource Management,E.I.duPont,Orange, Beaumont Chamber of Commerce Chairman of Entergy-Texas,Dr. &Mrs.Ray Fontenot, directors hosted a breakfast at the Energy Museum the Board Bessie Chisum. Pete Shelton was recog- Goodyear Tire&Rubber Company,Hibernia for the area superintendents of schools.The Jason nized as the 2002 Distinguished Alumnus. Personal Trust Group,Orgain,Bell&Tucker, Project continues as a major initiative to bolster sci- Texas Coffee Company,Texas Unwired,White ence and is supported through private find raising In honor and recognition of these 30 years,the Tire Supply,Automatic Pump,Becker Printing, efforts. advisory council instituted a new community pro- Commercial Flooring,Hibernia National Bank, gram for individuals interested in holding public Office Depot,Outsource Staffing,Recovery 3,000 students and parents attended Beaumont office. The first Public Service Candidate School Service Bureau the Young Men's Business Independent School District's fifth annual Urban was conducted February 16,2002. The presenters League and ExxonMobil Foundation. Education Summit held at Central High School on included Beaumont Chamber of Commerce Saturday,February 2 2002. Chamber members, President Jim Rich,City Councilman Guy The Foundation was recipient of an outreach volunteers and staff participated in the workshops Goodson,Jefferson County Clerk Sandy Wallcer, grant from B A.&E.W.Steinhagen Trust, and booths that provided information on parenting Austin Attorney David Mendez,City Attorney Hibernia Private Client,Trust Department in skills,community issues,technology and pre- Lane Nichols,Judge Jim Farris,IFDM-TV the amount of$3,680 for the Leadership employment counseling to the students and their Anchorwoman Liz Wiggins,former United States Beaumont public service candidate school, parents. Attorney J.Michael Bradford and Attorney Kent youth leadership and to publish the alumni Lamar University and Lamar Institute of Adams. directory that is distributed to area clubs and Technology sponsored a membership lunch Leadership Beaumont is a member of the Texas organizations. September 19,2002 at the Beaumont Hilton State Leadership Programs Association and the The Foundation directors met monthly and Hotel. Dr.Jimmy Simmons,president of Lamar National Leadership Programs Association. T. conducted their annual meeting in October. Univer�iity,and Dr.Robert Knenke,president of Lynn Walden,2001 chairman,was recognized as a Lamar Institute of Technology,reviewed current distinguished leadership alumnus at the national information on the two institutions. The keynote conference in San Diego,California,May 23-26, Finance & Administration speaker was the new dean of the college of business, 2002. Incoming Leadership Beaumont Chairman Enrique"Henry"Venta. Division Mitch Smith attended the national conference. The school trustees for the Beaumont Independent The mission of the finance and administration Leadership Beaumont alumni served on the steer- division is to oversee the fiscal affairs and internal School District were recognized at the October 19, ing committee,the advisory council,nominating operations of the chamber to insure there are ade- 2001 membership lunch for being selected the committee,admissions committee,youth leader- quate liquid assets to carry on the primary mission of Texas Honor Board by the Texas Association ship committees,the education division of the of the organization;the division further insures of School Administrators. Chamber,the rofessional resource bureau the P � that internal operations(personnel,building oper- public service candidate school organizational ations,and capital expenditures)are conducted in The division continued to provide assistance to committee the Leadership Education Foundation a manner consistent with the policies and proce- BISD's business partnership program to help match board of directors,the foundation's fundraising dures established by the board of directors. project committees and produced a newsletter. 3 Beaumont Chamber of Commerce financial The government and public affairs division dilemma of increased taxes and other rising statements,project wrap up reports and mem- prepared for the 78th Texas legislative ses- costs while wanting to support public educa- bership status reports were reviewed by the divi- sion with meetings with the legislative dele- tion.The aftermath of the election resulted sion and presented to the board of directors. gation to discuss the house and senate inter- in further discussion to work toward a new im charges and a trip to Austin on April 16 bond proposal through participation with the The division received building reports from and 17.Twenty city and chamber leaders Citizens United for Academic Excellence staff and provided guidance concerning the received briefings from the Texas Association Committee. maintenance and operation of the office of Business,the Texas Chemical Council, building and its tenants. Texas Medical Association,and the Texas The City of Beaumont FY 2002-2003 budg- Taxpayers and Research Association,Jeff et was also a major issue of concern due to a A bronze plaque,presented by Bank One,Texas, Saitas,executive director of the TNRCC, proposed storm water fee.The division sup- N.A.,was unveiled March 28,2002 in recogni- addressed environmental issues,Robby Cook ported the efforts to balance the budget with tion of the directors,advisory directors and staff (D-Eagle Lake)discussed water issues and cost reductions and a small property tax that made possible the purchase of the building Robert Howden from Governor Perry's increase,and offered to work with the new to relocation of the chamber office. office discussed transportation issues. The city leadership to expand the tax base and group also met with Carole Keeton make other financial improvements. Proposals to audit the chamber and the three Rylander,comptroller of the State of Texas foundations'financial statements were and Speaker of the House Pete Laney. The Quarterly lunch meetings were sponsored by requested from member certified public Chamber hosted both Senate 4 candidates the division for members of the Beaumont accountant firms.A three-year contract was for the November 5,2002 election at the city council,Jefferson County commission- awarded to Borel,Brooks &Applegate,LLP. July 11 membership lunch. ers,Beaumont Independent School District board of trustees,Port of Beaumont com- The directors authorized the upgrade of the The division played a crucial role of the new missioners,Drainage District 6 board mem- chamber's computers and software. Jefferson County Waterway and Navigation bers,Lower Neches Valley Authority com- District,which won voter approval on missioners,Jefferson County Navigation Monthly meetings were held with the executive November 6.A board resolution,a mail out District commissioners,and the Chamber committee and the board of directors. Officers, campaign urging early voting,and other executive committee to discuss and identify division chairmen and directors were nominated voter education measures were conducted to emerging issues. The value of these meetings for the upcoming year. Directors'election bal- promote the successful passage of an expand- took on increased significance due to the lots were mailed and tabulated. The Chamber ed navigation district.Such a district will play many local tax issues. membership elected six directors for a one-year- a crucial role with the future of the Sabine- term and six directors for a three-year-term. The Neches Waterway. Health & Human Services Chamber board elected new officers,division chairmen and vice chairmen. The directors con- The division kept an eye on federal issues Division ducted a planning session August 22 at the Holy such as compliance with air quality standards, Family Retreat Center with Michael Clayton, trade with Cuba,and security in the after- The former Medical Division was renamed president/chief executive officer of the Better math of September 11. Congressman Nick the Health and Human Services Division Business Bureau of Southeast Texas as facilitator. Lampson briefed the division on January 22 with a mission to explore programs and alter- after the wrap up of the 107th Congress. natives to address the rising costs of health The chairman of the board and president With the departure of American airlines on care and be a catalyst to address the problem hosted a holiday reception in the chamber April 7 from the Southeast Regional Airport, of the "working uninsured." office building December 20,2001. a resolution supporting the effort to apply Chamber employees made contributions to for the Small Community Air Service The Human and Human Services Division made I support the United Way campaign,partici- Development Pilot Program with the contact with resources in Washington,DC and pated in the Salvation Army Christmas Angel Department of Transportation was approved received grant money to provide local presenta Tree gift program,assisted or attended other to attempt to attract and maintain air service. tions and conduct focus groups regarding com- organizations' meetings such as other cham- munity health care plans.Contacts with three jber annual meetings,the Better Business The Beaumont Independent School District leading models that provide coverage for the Bureau of Southeast Texas,Big 9 Day,the $150 bond referendum which was rejected working uninsured were researched.Vondie Texas Association of Business and Chamber by the voters on September 14 was the dom- Woodbury of the Muskegon Community Health of Commerce,the Gulf Coast Chamber inant issue which occupied the attention of Project of Muskegon,Michigan,spoke at the Executives,the Texas Association of the division beginning with the initial brief- April 18,2002 membership luncheon and con- ' Chamber Executives and a Great Night of ing by the BISD Superintendent and ducted a focus group at CHRISTUS St.Elizabeth j Savings at Parkdale Mall. Trustees on January 15. The division under- Hospital for 20 government,business and health- took a study of the bond proposal,the tax care leaders. Government and Public implications,and through numerous private i and public meetings attempted to impact the The division sponsored,with other community Affairs Division final package which went to the voters.An groups,an educational symposium on the loom- jinterim Statement of Position issued on May ing healthcare crisis on June 25,2002,attended iLocal public policy issues dominated the attention 14 expressed opposition to the bond propos- by over 250 local leaders and experts.Future and focus of hegovernment and public affairs al as it was proposed at the time.The interim focus groups will review plans such as the division including the election to establish the position was followed by a resolution on American Project Access Network and the Jefferson County Navigation District,a BISD August 30 which took no official position for Hillsborough County Health Project.There are school bond referendum,and the City of Beaumont or against the bond referendum.The media 60 individuals outside of the division member- 2002-2003 budget proposals.It was a year of intense attention and debate among members of the ship who have expressed an interest in becoming efforts to address local taxation issues. business community and community at large part of the community effort necessary to devel- was extensive. Businesses were faced with the 4 op alternatives for working uninsured including The Beaumont Chamber of Commerce contin- Center,Charlton Pollard Neighborhood the Jefferson Coiunty Medical Society.A presen- ued to host its Business Interchange,a networking Association,Department of Justice Weed and tation regarding the division's efforts was made event held each Friday morning at the Holiday Seed Program and members of the local to the Greater Orange Chamber of Commerce Inn Midtown.Business Interchange is open to the community was held at the John Gray board of directors. They want to have an active public and allows those attending an opportunity Library at Lamar University on February 22 part in future developments,as does the Greater to promote his or her business.This event is now in an effort to share information and serve as Port Arthur Chamber of Commerce. being featured on the community calendar of the a spring board for further discussion. local television stations. The widely popular Southeast Texas Health In further efforts to aid in the revitalization Services Directory was printed and distributed. The Beaumont Chamber of Commerce Gift of the Charlton-Pollard neighborhood,a trip Certificate program was implemented with over was planned to visit the 5th Ward of Membership Division 35 businesses accepting the gift certificates.The Houston in May by representatives from the new program is an excellent gift option for Charlton-Pollard Neighborhood Association The purpose of this division is to increase employers and individuals to support Beaumont and the Minority Development Partnership and strengthen the membership base. businesses. division. The focus was to view its revitaliza- tion efforts and the mechanism for the fimd- The bi-monthly membership luncheons could not ing of projects. The division met several The membership division,through the efforts of be held without the support of sponsors.The times after the visit and is still discussing the over 200 volunteers conducted a membership 2002-2003 lunch sponsors included the Jefferson process by which to locate prospective devel- drive in March 2002 known as the"Membership Count,Navigational District Chisum Resource opers and other programs to aid in the revi- Event."Led by a Dallas based consultant known Management,GAJ Investments&Associates Inc talization.The day long trip was a success affectionately as"Jimmie",the event was held over CHRISTUS St.Elizabeth Hospital,Community and information gathered was helpful in a three day period and brought together numer- Bank&Trust,Time Warner Roadrunner High- assessing issues in Beaumont. ous community and business leaders,and volun- Speed Online,SBC Southwestern Bell Telephone, teers with the single purpose of promoting the Lamar University,and the Lamar Institute of In July,the Beaumont Chamber of Beaumont Chamber of Commerce.The goal of Technology. Commerce President Jim Rich attended the 320 new members was surpassed when a state of United States Department of Treasury sym- Texas record 433 new members was added to the The 98th annual meeting was held November 7, posium on the New Markets Tax Credit membership role.A new event called"Prime 2001 at the Beaumont Civic Center with Alan Program. This program provides a new tool Time–'was held in July to welcome these new Hobson,speaker for development of low-income areas. members and allow them to showcase their goods Meetings are still being conducted regarding and services at the Harvest Club.In an on going the New Market Tax Credit Program and effort to attract new members,special advertising Minority Affairs Division will be focused on in the upcoming year. promotions were offered from Thrifty Nickel, Cummulus Broadcasting,Clear Channel The Minority Business DevekpmentDitrr m isadivi- Communications and the Beaumont Enterprise swn that strives as an advocateforjob creation,business Public Relations & Specialty Publications. development and retention,facilitator of commerce, Communications Division promotion of bus-education and support of entree The Ambassador Committee met monthly and lneneurs within the area serviced by the Beaumont The Public Relations and Communications Division continued their retention program by assisting Chamber of Commerce and historically underutilized worked bard on several fronts to promote educate current members through visitations and adopting messes in the Beaumont community and publicize Chamber activities and programs new members either in person or via telephone. Ambassadors served as greeters for the bi-monthly The division continued its role in implement- One of the division's priorities was to promote luncheons and special events,ribbon cuttings, ing the FastTrac Program by supporting the Chamber's redesigned website. ground breakings and business before and after Lamar University's Institute for Subsequently,the website located at hour events.They also served as the runners com- Entrepreneurial Studies. FastTrac is a nation- www.bmtcoc.org was awarded first place in mittee during the membership event.Twenty-six ally recognized training program for new and the Web Site/Internet Division of the Texas ribbon cuttings and eight business after hour existing businesses.After researching the cur- Chamber of Commerce Executives media events were coordinated through staff efforts and riculum and approaching the City of contest at the organization's annual confer- with the support of the Ambassadors. Beaumont for start up funds,the division ence in July.In addition to its cleaner,sharper worked with the dean of the Business School appearance,the website mirrors the annual The Member of the Month Program was imple- at Lamar University to provide training and Membership Directory and Community mented in October and showcased various mem- Pay the administrative costs to conduct the Profile providing advertisers and members bers with a write-up in the Southeast Texas first FastTrac Program in October. Chamber greater visibility on the World Wide Web. Business Monthly.Referrals of chamber members board members participated as guest lectur- were made on response to over 1700 document- ers to share their experiences and expertise. The groundwork was laid for the 100th ed inquiries for goods and services.Promotion of Former division chairman George Gardner anniversary of the Beaumont Chamber of the web site was emphasized as an advertising spoke to the graduating class. Commerce with the commissioning of the benefit to members. publication, "Historic Beaumont."Written The division took on a different focus when by local authors,Ellen Walker Reinstra and C.L."Sonny"Sherman,a consultant for Ritter it began to look at economic development Judith Walker Linsley,and supported by Lumber and long time board member,was recog- for the Charlton Pollard neighborhood and businesses that will add their own history,the other areas where revitalization efforts were story of Beaumont has been updated and will nized as the 2002 Volunteer of the Year and be read for distribution and sale b the Jolene Ortego,director of communications for needed.With over 45 in attendance,a focus Y Y the Beaumont Independent School District, group which included ExxonMobil,Port of anniversary date of January 22,2003. received the 2002 Athena award. Beaumont,City of Beaumont,Beaumont The division updated its media mailing list and Chamber of Commerce,Family Resource 5 worked on a"how to"kit to help educate case had a new look with new publicity,busi- delegation,area chambers of commerce, Chamber leaders in working with the media. ness-related workshops and a fashion show industry,port authorities,economic develop- sponsored by Parkdale Mall using local com- ment organizations,and the Jefferson County Metropolitan Beaumont magazine continued munity leaders as models. The showcase was Navigation District to support legislation to to be an ongoing responsibility and interest a one day event followed by a business-after- expand the Jefferson County Waterway and of the division as members offered ideas for hours mixer.The booths were judged by rep- Navigation District to include all of Jefferson each issue and also urged others to include resentatives of local chambers of commerce County.The new navigation district approved the magazine in their advertising plans. The and divided into two separate categories,dou- by the voters on November 6 will have sole Beaumont Convention and Visitors Bureau ble plus and single booth. In the double plus responsibility for maintaining the waterway became a partner with the Chamber support- category the winners were: from the Gulf of Mexico to Beaumont. ing the magazines new emphasis on coverage of tourism and other leisure time activities. 1st Place Most Creative: The loss of air service to Dallas when Golden Triangle Telephone Directory,Inc. The division succeeded in bringing Chamber 1st Place Best Promotion: American Airlines departed the Southeast issues to the forefront of the media and cre- Bill Clark Pest control,Inc. Texas Regional Airport on April 7 resulted in ated greater awareness of Chamber events 1st Place Best of Show: a major effort to attract new air service and CHRISTUS St.Elizabeth Hospital the recognition that the business community and activities. g In the single booth category the winners were: must play a major role.Working with Small Business Jefferson County Judge Carl Griffith and 1st Place Most Creative: Congressman Nick Lampson,a work group, Partnership Division Holiday Inn Atrium Plaza co-chaired by the chamber president Jim Rich 1st Place Best Promotion: developed a grant proposal to apply to the The small business ment develo partnership Winona Gates—Independent Beauty Consultant p p p 1st Place Best of Show: Department of Transportation Small division promotes small business development IKON Office Solutions Community Air Service Pilot Program.The and recognition through a coordinated effort airport was one of two Texas airports to be of activities. The Small Business Development Partnership awarded a$500,000 grant to implement a works with S.C.O.R.E. (Service Corps of business plan which includes an air travel The division coordinated the nomination Retired Executives)in an effort to mentor bank.Trips to Dallas to meet with American process,followed by a review and interviews and develop business. The local chapter of of the finalists for the prestigious Small S.C.O.R-E. holds their monthly meetings at Airlines and Atlanta to visit Delta Airlines were Business Person of the Year award. The win- the Beaumont Chamber of Commerce and completed to determine the direction of the ners were Robert James,of PRN Medical for meets with individuals on a weekly basis.The local effort and steps for the future. the Retail Category and Paula Bothe,Four appointments are made with the Chamber Alarm Productions,for the service category. receptionist. The division further developed The deplorable condition of the Amtrak stop Both firms were honored on May 9 by the its mission by visiting selected members with in Beaumont received media attention and led local SCORE Chapter and at the May mem- a questionnaire aimed at identifying small to the formation of a work group to locate a bership luncheon during Small Business Week. business issues and opportunities. train station in downtown Beaumont.An At the luncheon,twenty-five small businesses organizational meeting was held in July and a showcased their products and services with The division sponsored several seminars to meeting with railroad officials occurred on booths and promotional items. Robert assist in the training and developmental September 4 at which time an alternative was Howden,senior advisor to Governor Rick identified for further stud Perry and former head of the Texas Chapter needs of small business.Working with the y of the National Federation of Independent Texas Association of Business,seminars on Businesses,was the guest speaker. economic development and employment The division members and business represen- issues were conducted. In August,the tatives were hosted at the Port of Beaumont New this year to the division was the visitation chamber sponsored a seminar on the FISH in July for a discussion concerning the avail- program. Four small businesses were chosen Philosophy,which trained fifty attendees how ability and the benefits of the area's foreign each month to be visited from a list of small to have not just average customer service, trade zone. Speakers from the U.S. Customs business chamber members. The goal of each but award winning customer service. office,Jefferson County Appraisal District, visit was to gather information about the com- Jefferson County Navigation and Waterways pany,its plans for the future and any obstacles Transportation Division District and the Port of Beaumont spoke on it might be encountering as a small business. topics such as the U.S.Customs role in the A packet of information was given to the foreign trade zone administration tax im lica- member that included information on pro- The transportation division promotes the uti- g P grams offered by the Small Business lization of our intermodal transportation sys- lions on the foreign trade zone,channel Administration to aid in fixture expansion tems(air,water,railroad,trucking,and improvements update and using the foreign needs and other programs. A minimum of telecommunications)to increase economic trade zone as an economic development tool. two representatives were present from the growth in our region. The maximization of Small Business Development Partnership dur- our intermodal systems will enhance economic The chamber also met with Department of ing each visit. Altogether,the division visited development. Transportation officials during the annual trip fifteen members including the Texas Coffee to Austin to encourage state legislation to Company,M&D Supply,KBMT—Channel One of the major focuses of the division con- develop a state port strategy for Texas ports 12,Chas.S.Nacol,Brock Audio,Bill Clark times to be the Port of Beaumont and the including assistance for capital improvements Pest Control,Automatic Pump&Equipment, fixture of the Sabine-Neches Waterway.The and to obtain an understanding of the pro- Burris Transfer&Storage,Butch Hoffer's, United States Army Corps of Engineers study posed transportation corridors. SETX Water Conditioning/Culligan,The White House,and Southern Avionics. of navigation improvements is in progress and the chamber continues to promote and edu- The 9th Annual Business Showcase occurred cate local leaders on the importance of the on September 10 where 100 Chamber mem- study as a regional economic development bers showcased their businesses. The show- issue.The division worked with the legislative 6 2001-2002 Executive Committee, Division Chairmen & Vice Chairmen Chairman: Vice Chairman: Paula Bothe Roy E.Wells Bessie Chisum Georgine Guillory President Renred Industrial Park Manager Owner Owner Four Alarm Productions,Inc. E.I.Dupont de Nemours Chisum Resource Management Revues Vice Chairman: Tom Burger 2001-2002 Advisory Minority Business Facilities Manager Directors Chuck Ege p President Development Division ExxonMobil Bank One,Texas,N.A. Bessie F.Chisum Lonnie Arrington Chairman: Owner President Past Chairman: Tom Burger Chisum Resource Management Fabricon International,Inc. Roy E.Wells Mechanical Manager Retired Industrial Plant Manager ExxonMobil Refinery Gerald Condon Danny Babineaux Phelan Investments President President Vice Chairman: Collision&Classics,Inc. Air Comfort,Inc. Fiscal Affairs Chairman: Luis G.Silva Roy E.Wells President Joe Domino Slate Babineaux Retired Industrial Plant Manager Silva Employment Network President/CEO Vice President Phelan Investments Finance and Entergy—Texas Air Comfort,Inc. President: Administration Division Charles S.Ege A.B.Bernard Jim Rich President President Beaumont Chamber of Commerce Chairman: Bank One,Texas,N.A. BGI Enterprise,Inc. Eric Meadows Economic Development Real Estate Manager Jay Eisen Sam Bethea Division Phelan Investments Vice President Customer Service Manager Sampson Steel Corp. Entergy—Texas Chairman: Vice Chairman: Ed Myers Bill Frank Bill Frank Johnny Casmore Administrator/CEO Chief Financial Officer Chief Financial Officer Legislative&Regulatory Advisor CHRISTUS St.Elizabeth Conn's Conn's ExxonMobil Beaumont Refinery Vice Dewey onsoulin Michael Clayton Eddie Arnoldan Public Relations & Attorney President/CEO Regional Manager Communications Mehaffey&Weber,P.C. Better Business Bureau of Southeast Texas SW Southwestern Bell Telephone Division Georgine Guillory Rex L.Cottle Education Division Chairman: Owner Corporate Vice President of Paula Bothe Revues Development Chairman: President Transit Concrete and Materials Company Jolene an: o Four Alarm Productions,Inc. Carolyn Howard g Executive Director Charlie Foxworth Director of Communications/ Vice Chairman: Beaumont Main Street President Publications Slate Babineaux Foxworth Real Estate Beaumont Independent Vice President Robert Krienke School District Air Comfort,Inc. President Lamar Institute of Technology George Gardner Vice Chairman: Small BUS1rieSS President Jay Eisen Eric Meadows G.A.J.Investments&Investments Vice President Partnership Division Real Estate Manager Sampson Steel Phelan Investments Kyle Hayes Chairman: City Manager Government and Public Robert Swerdlow Ed Myers City of Beaumont Associate Dean Professor Affairs Division / Administrator/CEO Lamar University CHRISTUS St.Elizabeth Hospital Adrian Hudspeth Community Outreach Director, Chairman: Vice Chairman: olene Orte o Vice President Lou Perfetti J g A.B.Bernard Director of Communications Hibernia—Beaumont Plant Manager,West Plant President Publications / Goodyear Tire&Rubber Company BGI Contractors,Inc. Beaumont Independent School District Jay Johnston District Man ager Vice Chairman: Transportation Division Jane Parker CenterPoint Energy Entex Russ Schultz Dean of Fine Arts and Communication Vice President Chairman: Community Bank&Trust Craig Kinsel Lamar University ty General Manger George Gardner President David Partner Kinsel Motor,Inc Health and Human G.A.J.Investment Associates President Services Division Memorial Hermann Hospitals James M.Roberson Vice Chairman: Executive Vice President Chairman: C.L.Sherman Lou Perfetti Community Bank Jane Parker Consultant Plant Manager,West Plant Vice President Ritter Lumber Company Goodyear Tire&Rubber Company Karen Thomas Community Bank&Trust Director er Center 2001-2002 Directors Mar Randall Lamar University ty Vice Chairman: Secretary Treasurer Randall Odom Eddie Arnold MW Group,Inc. Skylar Thompson Director Business Development Re onal Mana er President CHRISTUS St.Elizabeth Hospital SBC Southwestern Bell Telephone Russ Schultz Market Basket Food Stores Dean Of Fine Arts and Membership ivision Communications T.Lynn Walden p Dalton Babineaux President Lamar Universi ty Attorney &Tucker Chairman: American Valve&Hydrant Robert A.Swerdlow Orgain Bell Gerald Condon Manufacturing Company President Associate Dean Lamar University Wilton G.White versi Collision&Classics,Inc. Sam Bean ty President/CEO SouthTrust Bank President NAACP 7 TVoluntccrs 2001 - 2002 Tish Adkins Susan Byron Betty Eason John Hawa Evelyn Lord Esther Olsen Kathleen Sonnier R.C.Aldrich Mike Cain Larie Eddins Claudie Hawkins Kristin Louviere Paula O'Neal Dietrick Spreckels Everette Alfred Rachel Cain Lum Edwards Kyle Hayes Jennifer Lowery Rhonda O'Neill Patti Standley Donald Allee David Caldwell Mary Ann Edwards J.David Heilman Pete Lyday Jolene Ortego Lois Ann Stanton Joshua Allen Frances Callender Charles Ege Roxanne Helberg Chris Mabry Quentin Ott Steve Stevens Mackie Allen Dick Cantella Jay Eisen Andy Hemmings Kelli Maness Patti Owens Janice Stewart Barry Allen Robbie Cantue Hilda Ellender Lois Henderson Evelyn Manning Max Pachar Julie Strassburger Becky Ames Rhoda Cannon J.C.Ellis Bill Hickman Dan Mannschreck, Jane Parker Tracey Strickland Dennis Aplon Wade Carpenter Steve Ellis Beverly Hickman M.D. David Partner Robert Stroder David Arceneaux Scout Carr Victor Emmon Martha Hicks Tina Markevich Ivy Pate Eric Sullivan Eddie Arnold Rod Carroll Pantheia Evans Karen Hiltpold Becky Mason W.L.Pate Robert Swerdlow Gene Arnold Nicholas Carter Hilda Everett Jamie Hogue Charles Mason Victor Patrizi Donald Taft Lonnie Arrington Johnny Casmore Jack Farris Wayne Holland Ronny Matheidas Bobbie Patterson Donna Tennison Steve Arrington Jane Chaney Jim Ferrell Tim Holt Zoe Mayes Harold Patton Francis Thayer Yolanda Avery Paula Chargois Joseph Fertitta Marla Honeycutt Anne McCauley Cecil Peltier Mark Theobald Brian Babin Doug Chase Mark Fertitta Hollis Hood Shelton McClure Kellye Butler Perez Carrol Thomas Ken Babin G.R."Rocky"Chase Sandy Fertitta David Hornack William McDonald Lou Perfetti Karen Thomas Bret Babineaux Stewart Chisum Libby Fields Carolyn Howard Shannon McDowell David Pero Elizabeth Thomas Dalton Babineaux Bessie Chisum Barbara Finley Roy Huckaby Marianne McGlone George Perrett Skylar Thompson Danny Babineaux Stewart Chisum Cassie Fiorenza Adrian Hudspeth Paula McHam Valerie Phillips Tim Thompson Slate Babineaux Bill Clark Chris Fisher Clifford Dean Huebel Todd McKinley Mary Poole Larry Thorne Dana Babineaux Michael Clark David Fisher Anna Hughes Rick McKinley Ford Pratt Dana Timaeus Angela Baker Laura Clark Judy Fisher Preston Hutson Karen McKinney Ray Pregeant John Tombone Robert Baklik Nell Clark Charles Foxworth John Ingram Mark McKinnon J.Milton Prewitt J.Townsend Nick Baldo Michael Clayton Tim Frank Mike Ireland Jerry McMillan Marie Provost Howard Trahan Patty Barkley Grady Coberly Bill Frank Kathleen Jackson Kim McMurray Karen Radosevich Tommy Trahan David Barrows Rhett Cody Mike Frank Fredia Jackson Melinda McNeely Mary Randall Don Travis Ken Bartos Hadley Cohen Tom Frank Joy James James McNicholas Lewis Reckline Paul Traylor Eddie Bates Jimmie Cokinos Anna Frank Larry Jensen William McNinch Woodrow Reece Paul Trevino Drew Beadle Andrew Cokinos Debbie Frazier John Johnson Eric Meadows Ronald Reed Gary Underwood George Bean Gerald Condon Jeff Freeman Michael Johnson Frank Messina Heather Revia Brenda Van Dyke Sam Bean Pam Cooley Richard Funchess Miriam Johnson Annella Metoyer Linda Irene Reyes Richard Vasser Barbara Beard Lynn Cornwall Bridget Fuselier Trudy Johnson Maury Meyers Heather Rieve David Vaughn Tracie Bebe Rex Cottle George Gardner Jay Johnston Rhonda Midkiff Yvonne Ritter Robert Verde Norman Bellard Stephanie Cousins Rix Garey Derrick Jones Abe Miller Marty Roberson Marty Vershel Bill Benning David Cox Mark Garland Tim Jones Peter Miller Dana Robichau Reagan Vickers Susan Benoit Kay Cox Starla Garlick Rachelle Jones Linda Miller Dean Robinson Russ Waddill A.B.Bernard Charles Cox Jill Gaspard Fred Jordan Kim Miller John Robinson T.Lynn Walden Sam Bethea George Crawford Winona Gates Mary Jowers Bridgette Miller John Roby Haywood Walker Sharon Beuhler Ronald Crawford Phyllis Geans Larry Kelley Linda Mirabella Greg Rodgers Bruce Walker Roland Bieber Jack Crawford Jada Gentile Azim Keramati William Miranda Herman Rogers Sheila Ware Wade Billingsley Carleen Crawford Bill Geyser Michael Kiefer Leon Moncla Faye Rollins Aubrey Webb Ron Bird Jerre Croley Weldon Gibson Christine Kiker Vernice Monroe Gregory Rosenberger Oveta Webb Chad Blanchard Walter Crook Bill Gilmore Bill Kimbrough Polly Moreau Holly Russum Charles Weinbaum Donna Blanchette Nathan Cross Allison Golias David King Virginia Moreland Verna Rutherford Karen Wells JoAnn Block Troy Crow Dewey Gonsoulin Craig Kinsel Andrea Morrison Audwin Samuel Robert Wenner Jonathan Boiser Barry Crutchfield Guy Goodson Roy Kirkland Scott Morrison Brian Sattler Carl Westerfield Brian Bommer Rachel Crutchfield John Goodyear Brad Klein Mickey Moshier Curt Schaible Lee Wheeler Stephen Bonczek Larry Custer Steve Grantham Barbara Knight Jimmy Moss Russ Schultz 011is Whitaker Jayne Bordelon Kandy Daniel Carl Griffith Pat Knox Camille Mouton Karl Segura Wilton White Paula Bothe Bill Darling Anthony Griffith Laura Kressman Dottie Mouton Natalie Moses Shakour David White Mark Boudreaux Paul Davidson William Griffith Robert Krienke Mary Jean Mouton C.A."Pete"Shelton Liz Wiggins Cheryl Bouillon Keith Davis Colleen Grimes Alicia Kubala Kate Mueller C.L.Sherman Jennifer Willett Gwen Boyd Gilbert Davis Darrell Guidry Samuel Laday Ed Myers Larry Siler John Williams Bonnie Boykin Bill DeMore Mike Guilbeaux Tommy Lamb Bill Nantz Luis G.Silva Rick Williams Laura Terry Bracken James Derrick Georgine Guillory Kristen Lambert Shirley Nantz Jimmy Simmons Terry Williams Timothy Wayne Breaux Robyn Detwiler H.Craig Hall Jamie Larson Nancy Neild Rickey Simmons Shelly Wilson Deborah Brenner Henry Dillon Colleen Halliburton Eric Lawrence Sina Nejad Gale Simmons Ruby Wimberley Travis Brewer Geneva Dixon Waymon Hallmark G.T.LeBlanc Doug Nelson Susan Simmons G.Wimberly Jim Brocato Christy Dobranski Dan Hallmark Richard LeBlanc Alyce Ney Fred Simon Paige Windham Byron Broussard Wayne Doeller Carolyn Hancock William Lee Paula Nichols Larry Simons Mary Wingate Joseph Broussard Kan Rachelle Dolan Kathleen Hardey Bob Lee Howard Nichols George Simonton Pamela Wise Louis Broussard Darran Dollarhide Irene Hardy Donald Legato Karen Nichols Linda Simpson Kimberly Wolfford James Brown John E."Jed" Betty Harmon Beth Leger H.Nix Kevin Smith John Woodside Tom Burger Dollinger Pierce Harrington Pat Leger Jeff Noble Lulu Smith Matt Woodyard Ken Burke Mark Domingue Jennifer Harris W.S."Bud"Leonard Christy Nolen J.Mitchell Smith Tim Worthey Dana Burnett Joe Domino LaJahna Harris Regina Lindsey LeAn Norman Joseph Smith Pat Yancey Andrew Burns Mike Douget Linda Harris Bill Lindsey Lisa O'Blanc Kirk Smith Dorothy Yentzen Neil Burrell Dianna Douglas Mary Harris David Locke Randall Odom Lee Smith Kristie Young Gene Burris Tammy Droste Tom Harrison Fred Loeb Jay Old Lester Smith Tim Zajone Sheri Buscher Brian Duchin John Hasselbach Robyn Long Cheryl Olesen Sam Smith Roy Bush Ida Lee Duplechin Beverly Hatcher Jamie Long Denise Oliphant Walter Snider Darby Byrd Katie Durio Jim Hatcher Julie Lopez Carolyn Oliver Shannon Troy Soileau 8 Beaumont Chamber of Commerce September 30, 2002 2001 - 2002 Financial Review (internally prepared) Balance Sheet Assets Current Assets: Cash 168,944.96 Dues Receivable/Other 4,594.25 Prepaid Expense 17.612.48 Total Current Assets 191,151.69 Property and Equipment: Furniture and Fixtures 137,103.71 Leasehold Improvements 11,315.50 Less: Accumulated Depreciation (84,747.65) Total Property and Equipment 63.671.56 TOTAL ASSETS 254,823.25 Liabilities and Fund Balance Current Liabilities: Note Payable 26,942.50 Deferred Income 85,606.35 Total Current Liabilities 112,548.85 Fund Balance: Unappropriated 142.274.40 TOTAL LIABILITIES 254,823.25 Statements of Revenues and Expenditures for the twelve months ended September 30, 2002 Revenues: Expenditures: Membership.........................................443,193.11 Accounting.................................... 5,195.00 Interest........................................................888.92 Advertising......................................1,445.70 Publications ...........................................31,858.91 Bank Charges.................................2,803.44 Cityof Beaumont ..................................50,000.00 Food................................................3,263.06 Projects................................................189,219.46 Office Overhead............................50,422.30 Rent ...................................................36,197.00 Personnel....................................445,648.67 Contingency Fund...................................6,570.00 Insurance ......................................13,338.20 Other......................................................84.128.96 Printing............................................1,065.42 TOTAL REVENUES.......................842,056.36 Postage.........................................11,826.30 Bldg Rent/Maintenance................68,084.14 Transportation/Travel ......................5,593.51 Projects.......................................209,824.25 TOTAL EXPENDITURES ...........818,509.99 9 Past Board Chairmen 1903 - 1904 Sam Park 1958 John E. Gray 1905-1906 T.S. Reed, Sr. 1959 W.D. Norwood. Sr. 1907 W.C. Tyrrell 1960 Elmo S. Beard 1908-1909 S.G. Burnett 1961 J. Winston Procter 1910 Joe E. Carroll 1962 Ben J. Rogers 1911 C.R Bone 1963 Robert W.Akers 1912 W. P. Hobby 1964-1965 D. Pat Wheat 1913 J.J. Nathan 1966-1967 RM. "Jack" Frost 1914-1915 E.J. Emerson 1968 Wm. W. Phillips, Jr. 1916-1918 E.E. Plumly 1969 Gus A. Becker 1919 Ben S.Woodhead 1970-1971 Mark A. Steinhagen 1920 John L. Keith 1972 Elvis L. Mason 1921 W.F. Graham 1973 Robert Q. Keith 1922 T.S. Reed, Jr. 1974 Carlton Baker 1923 A.F. Townsend, Jr. 1975 Maurice Meyers 1924 H.M. Hargrove 1976 Wm. E. "Bill" Neild 1925 Joe Rosenthal 1977 Tom Lamb 1926 G.H. Shepherd 1978 Tommy LeBlanc 1927 RH. Kinsloe 1979 Norman R Lee 1928-1929 P.B. Doty 1980-1981 Patrick H. Phelan 1930-1931 C.E. Walden 1982 Warner E. Rogers 1932 (2 mos.) J.L. Mapes 1983 Carroll W. Conn, Jr. 1932 (10 mos.) E.W. Gildart 1984 Victor J. Rogers 1933 M.W. McMaster 1934-1935 T.H. Nees 1985 D.P. "Danny"Wheat, Jr. 1936 Tom P. Walker 1986-1987 Larry G. Beaumont 1937-1938 M.G. Thames 1988 Wilton G. White 1939-1941 J.C. Clemmons 1989 Billy J. Franklin 1942-1943 (8 mos.) B.A. Steinhagen 1990 Joe Bob Kinsel, Jr. 1943 (4 mos.) E.C. Davis 1991 James C. Yarbrough 1944-1945 D.C. Procter 1992 Calvin S. Spindor 1946-1947 Caldwell McFaddin 1993 Dan S. Hallmark 1948 J. Paul Tullos 1994-1995 Lonnie Arrington 1949 Ray A. Choate 1996 Larry Beaulieu 1950-1951 I.F. Betts 1997 Steve Gartside 1952 T.T. Hunt 1998 Nancy Beaulieu 1953 Gene E. Ohmstede 1999 Thomas W. Gober 1954-1955 E.C. Rechtin 2000 Dalton Babineaux 1956 W.E. Ivers 2001 Roy E. Wells 1957 W.F. Reed 2002 Bessie Chisum 10 2003 Executive Committee and Board of Directors , Charles S.E e Bessie Chi s um Joe Domino Bill Frank Jim Rich Eddie Arnold Chairman Past Chairman Vice Chairman Chairman for Fiscal Affairs President Chairman for Economic President Owner President/CEO &Finance and Beaumont Chamber of Development BankOne,Texas,N.A. Chisum Resource Entergy-Texas Administration Commerce Regional Manager Management CFO SBC Southwestern Bell Conn Appliances,Inc. t, ,i r v k ' 4 t flt^n Slate Babineaux Paula Bothe George Gardner Adrian Hudspeth Randall Odom Lou Perfetti Chairman for Membership Chairman for Public Chairman for Chairman for Minority Chairman for for Health& Chairman for Government Vice President Relations& Transportation Business Development Human Services & Air Comfort Communications President Community Outreach Director Business Public Affairs President G.A.J.Investments& Vice President Development Plant Manager Four Alarm Associates,Inc. Community Development CHRISTUS ST Goodyear Tire&Rubber Productions,Inc. Hibernia National Bank Elizabeth Hospital Company to s Russ Schultz Robert Swerdlow Dalton Babineaux Sam Bean Gerald Condon Charlie Foxworth Chairman for Education Chairman for Small President Vice Chairman for Vice Chairman for Small Vice Chairman for Dean of Fine Arts& Business Development American Valve&Hydrant Education Business Partnership Government&Public Communication Partnership President President Affairs Lamar University Associate Dean/Professor NAACP Collision&Classics,Inc. President Lamar University Foxworth Real Estate qil D 13 191' ewey Gonsoulin Georgine Guillory Carolyn Howard Robert Krienke Eric Meadows Ed Myers Attorney Owner Executive Director President Vice Chairman for Administrator/CEO Mehaffy& Revues Beaumont Main Street Lamar Institute of Economic Development CHRISTUS Weber,P.C. Technology Real Estate Manager St.Elizabeth Hospital Phelan Investments I d >M Jolene Ortego Jane Parker David Partner Sonny Sherman Jerry Wascom Vice Chairman for Public Vice President Vice Chairman for Vice Chairman for Refiner Manager Relations& Y g Communications Community Bank Economic Development Transportation Consultant Exxon Mobil Refinery Director of President Ritter Lumber Company Communications/ Memorial Hermann Publications BIS Baptist Hospitals 11 2002 — 2003 Program of Work ECONOMIC realtors and other trade allies. DEVELOPMENT DIVISION Assist all institutions in the development of • Enhance marketing opportunities through business partners and advisory representatives. MISSION STATEMENT the development and use of the web site, These partnerships and advisors will interact To enhance the economic vitality of Beaumont, printed materials,proposals packets and digi- with students interested in a profession and tized information for information on CD's Texas,through a coordinated effort to bring ideas, information help guide the training and experiences of energies and monies together toward specific eco- and DVD's. P nomic developmentgoals and objectives.Financial Cooperate and partner with the City of and resource development will be a major focus of Beaumont,Jefferson County,Port of • Recognizing the need to develop strong and the Economic Development Division. Beaumont,Entergy,Partnership of Southeast knowledgeable community leadership the Texas,Texas Department of Economic division strongly supports the Leadership Program of Work Development and appropriate state and feder- Beaumont program by: • Focus on a capital fund campaign to raise a al agencies to accomplish the Chamber eco- —Recruiting nominees minimum of$120,000 for the economic nomic development mission. —Participating in the development of an development program by September 30,2003. endowment for the Beaumont Chamber • Economic analysis panels will convene quar- foundation(dba the Leadership Education I • Facilitate and partner with local allies and com- terly to disseminate economic information to Foundation) munity organizations to develop a long-range the media and area business leaders. —Participating in the design and implementa- strategy to ensure area growth and develop- tion of a public service/candidate foru ment throu the completion of a com re- Publish periodic news concerning trends,new m p p and expanding businesses,and other econom- • Maintain an understanding of the funding hensive economic development plan. The plan issues relative to all educational institutions in will serve as the road map to guide community is development news. development,job creation,and retention the region. efforts. • Prepare an annual report of economic devel- opment activities and accomplishments. • Recognizing the importance of students • Facilitate and partner with the Port of completing their high school education and • Actively support the Southeast Texas the strong relationship to parenting skills the Beaumont in identifying and establishing g P p g guidelines for new business incentives within Entertainment Complex,the Crockett Street division will support and actively participate the special financing opportunities available to Entertainment District;further downtown in the annual BISD Urban Summit. port districts.Develop a strategic partnership to development,and the initiatives to promote c development services. the Southeast Texas Regional Airport. • p rovide s p ecifi p Encourage local students to receive their appropriate education in this area and remain • Further develop the scope of the Beaumont here to work.To that end,the division Economic Development Foundation,a EDUCATION DIVISION 501c(3)organization aimed at more aggressive encourages the recruitment of students to and focused economic development efforts. MISSION STATEMENT our local centers of higher education. The education division has long recognized the con • Focus on business retention and job creation nection between quality schools and the maintenance Recognizing that quality of life within the within existing industry and business. and expansion of a strong economy. The strength of community is of significant importance in the ration o a skilled growth of the region,the division will sup- this linkage is based on the preparation 6 p� f • Visit corporate offices of businesses and indus- workforce necessary to sustain and expand the econo- port the local educational and professional tries of major employers to express appreciation my of this region. The education division works with organizations that contribute to the cultural and identify growth opportunities. well being of this region. PP �3'�' g � the Beaumont Independent School District,private • Identify opportunities and provide assistance in schools,Lamar Institute of Technology,and Lamar growing the tax base through business clusters University to successfully develop programs,recruit FINANCE & in which Beaumont and Southeast Texas has students and support the human resource require- ADMINISTRATION the most potential for expansion. ments of the business community. DIVISION P P • Continue to promote and enhance small and Program of Work MISSION STATEMENT minority business development. The mission of the Finance and Administration • In order for students who complete their Division is to oversee the fiscal affairs and inter- * Target business groups for direct solicitation to basic education to have a greater understand- nal operations of the Chamber to insure there are aggressively market Beaumont through trade ing and motivation for careers in the sciences, adequate liquid assets to carry on the primary mis- shows,direct mail,and international seminars. the division will support the Jason Project sion of the organization;the Division further and provide leadership with the Jason Alliance insures that internal operations(personnel,build- * Maintain a cooperative marketing effort with of Southeast Texas to provide this hands-on Texas Department of Economic Development, curriculum for Southeast Texas. Partnership of Southeast Texas,Entergy,area 12 ing operations,and capital expenditures)are con- action between the business and health care MINORITY BUSINESS ducted in a manner consistent with the policies community concerning matters of mutual DEVELOPMENT and procedures established by the Board of interest. PARTNERSHIP Directors. The Division is also responsible for long range planning. Continue to research and educate the busi- ness community concerning the issue of MISSION STATEMENT Program of Work: healthcare coverage for the working unin To actively champion economic development in the • Oversee the preparation of the annual budget sured. The models currently researched cre- low and moderate income communities e nt and including all expenditures required to meet ate a coalition between the city,county,the Beaumont with emphasis the requirements of the program of work. healthcare community,and business part- mentoring of ethnic minority the recruitment and women owned Present an annual operating budget that ners. The focus will be primarily toward the businesses. This division shall continue to encour addresses the ways and means by which small to mid-sized businesses that do not age membership and participation by minorities budget requirements will be met. currently have healthcare coverage for their in all chamber activities. employees. Program of Work: • Advise the Board of Directors concerning the ongoing financial condition through monthly • • Develop and implement an active database of g g g y Research new innovative healthcare coverage presentation of actual operating results com- programs and share with chamber members. resources for mentoring entrepreneurs who have pared to budget.Identify and review any sig- completed the FastTrac Program in such fields as: nificant issues that might influence the finan- MEMBERSHIP —Management practices, cial position of the organization. DIVISION team building&organization —Procurement/Warehousing • Establish a Chairmen's Council of former chair MISSION STATEMENT —Business Strategy/Planning men of the board where these previous chain- THE MEMBERSHIP DIVISION WILL —Real-estate ber leaders are invited to discuss relevant' INCREASE AND SZR ENGTHEN THE —Marketing that impact the future and provide strategic —Insurance&employee benefits direction for the Chamber of Commerce. MEMBERSHIP BASE THROUGH —Account/Financials RECR UITMENT OF NEW MEMBERS AND —Safety,Health&Environmental • Oversee and review all issues relative to internal A STRONG RETENTION PROGRAM FOR —Operations and managing growth operations,including policies and procedures, CURRENT MEMBERS. —H/R Policies/Programs human resource issues,capital expenditures,build- Program of Work: —Capital/Financial Resources ing maintenance and repair,improvements,and —Legal lease administration for existing and future tenants. ' Continue the ongoing effort of recruiting new members through ongoing sales efforts Provide leadership to take advantage of the • Seek accreditation under the U.S.Chamber of and by conducting a successful membership New Markets Tax Credit Program designated Commerce Accreditation Program for the pur- campaign,known as the Membership Event, to stimulate investments of new private capital pose of evaluating the chamber's organizational in the late summer or fall of 2003. and economic development in low income structure,processes/procedures and program areas.Participate in the community develop- effectiveness,using approved business standards Promote the Gift Certificate Program by ment entity eligible to receive an allocation of and guidelines. adding new vendors and encouraging gift New Market Tax Credits from the Community certificate sales. Establish a board of directors Development Financial Institutions Fund of HEALTH & HUMAN supported sales goal of$50,000. the U.S.Treasury Department. SERVICES DIVISION Conduct at least 4-6 Business before • Continue to recruit minority businesses and Hours/Business after Hours,and continue to maintain current minority business member- MISSION STATEMENT coordinate ribbon cuttings and ground ship and to encourage their participation in all To create an environment where the Beaumont breaking ceremonies to celebrate the opening chamber activities. Chamber of Commerce contributes to the develop- of new businesses. ment of new and innovative healthcare ideas that Support the FastTrac Program of Lamar have a positive impact on chamber members and Continue to host membership luncheons University's Institute for Entrepreneurial the community from a health care prospective. with emphasis on presenting informative Studies with the recruitment of students, Program of Work: speakers both within our community and on instructors for training and the development a state or national level.Emphasize network- for new and expanding entrepreneurial busi- • Research new model(s)of group health ben- ing opportunities at all membership events. nesses. Members of the division will visit efit coverage for individual businesses to each graduate of the FastTrac Program upon provide their employees. • Provide oversight to the Ambassador completion of the course as a continued fol- • Evaluate an independent group health insur- Program mid enhance the new Member of low up effort to assist and encourage success. ance program that reduces employer costs, the Month Program to include opportunities educates employees regarding their own for recognition and visibility of our members. PUBLIC RELATIONS & healthcare expenditures and shifts the bur- den to the employee for cost effective Continue to conduct bi-monthly new mem- DIVISION healthcare decisions. Such plan provides ber orientation and encourage the members another option for the employer in the face to become actively involved with their of total elimination of group benefits. MISSION STATEMENT: g P Chamber of Commerce. The public relations and communications division • Continue to provide input as to the position supports the Beaumont Chamber of Commerce of the healthcare community on legislative and promotes the value of its mission,initiatives and regulatory issues,and encourage inter- and events through public relations efforts. 13 Pro am of Work: Work with the Small Business Development —Partner with local taxing entities to main- g*' p • Finalize plans for the 100th anniversary of Center and the Institute of Entrepreneurial tain business costs and a business climate the Beaumont Chamber of Commerce. Studies at Lamar University,S.C.O.R.E,The competitive in a global economy. U.S.Small Business Administration,and all —Maintain and increase involvement in • Promote and market the Chamber's web other entities with a mission of assisting small statewide water planning issues,particularly site through Chamber publications,public businesses. Region I(Southeast and Deep East Texas). service announcements and paid advertising. —Monitor litigation regarding the TRANSPORTATION Beaumont-Port Arthur air transport policy • Increase awareness and attendance at events DIVISION and the regulations for the new 8-hour through the Chamber publications,public ozone standard. service announcements,and paid advertis- MISSION STATEMENT —Meaningful insurance and medical malprac- ing. This effort will be facilitated by the The Transportation Division will promote the uti- lice reform creation of partnerships with local media. lization of our inter-modal transportation systems —Local barriers to job growth. The division will also devise ways and means (air,water,railroad,trucking,and telecommuni to provide assistance to staff with press cations)to increase economicgrowth in our region. Conduct periodic surveys and focus meetings to identify the state and federal legislative and releases,event promotion,and public The maximization of our inter-modal systems will appearances. enhance economic development. regulatory issues of concern. Advise Chamber membership of findings and resolu- • Make Metropolitan Beaumont profitable Program of Work: tions adopted by Chamber board on behalf and return the publication to a revenue • Provide leadership to the task force developed of the membership. source for the Chamber to market the Southeast Texas Regional Airport to secure low cost jet air carrier serv- Meet locally with area,state and federal elect- SMALL BUSINESS ice and to develop the airport into a full ed representatives and staffs by fall 2002 on multi-modal facility. issues and legislation needed or affecting the DEVELOPMENT Chamber mission and program of work. PARTNERSHIP • Promote the importance of the Port of Beaumont as a major port of entry for inter- Schedule trips in early 2003 to Austin and MISSION STATEMENT national trade.Work with the various public Washington,D.C.with collaborative delega- The Small Business Development Partnership and private entities to provide space to lions from the Chamber,City of Beaumont ri Division will facilitate thegrowth of small business expand the Port of Beaumont s rail inter- and the Beaumont area business community in Beaumont by providing a variety of services and change yard operations. to contact state and federal elected represen- programs including recognition,educational semi- tatives,their staffs and regulatory agencies to nars,advocacy,and expertise to impact the success Provide leadership and coordination of the voice specific areas of concern and the inter- of chamber members. effort to provide for sustainable passenger rail ests of the Chamber membership. service in Southeast Texas through a quality Program of Work passenger rail facility to be located in down- Cooperate closely with Beaumont town Beaumont. Independent School District,City of • Maintain a focus on business retention and job Beaumont,Jefferson County,Jefferson creation with existing small businesses. Monitor the progress of the Corp of County Drainage District 6,Lower Neches Engineers study of navigational improve- Valley Authority,Port of Beaumont,Lamar • Promote four(4)visitations a month with menu to the Sabine-Neches waterway. University,the state of Texas and other small business owners and members. These Support the activities of the newly expanded appropriate entities to advance the interests of visitations will be organized by the division and Beaumont consistent with the Chamber's Jefferson County Navigation District. reported on at monthly meetings to identify mission and priorities for the 2002fn2003 trends,areas of concern,and opportunities for program of work. Coordinate quarterly growth GOVERNMENT AND meetings to promote discussion and informa- • Conduct or co-sponsor a minimum of three PUBLIC AFFAIRS DIVISION lion sharing. quality education seminars based on a needs assessment and areas where the pooling of MISSION STATEMENT Continue role in coalition with area chambers resources is beneficial. The Government and Public Affairs Division will of commerce,known as the Jefferson County focus its efforts on pending and proposed legisla- Chambers of Commerce Legislative Response • Establish a committee to solicit nominations tion,regulations,or public policy that impact the Team(JC3LRT),to provide a mechanism for interests of the Beaumont business community and area chambers to represent the views of their and select the two outstanding businesses in p the categories of retail/service and manufac- the Chamber's economic development mission and members by providing a united,informed turing for the prestigious Small Business related programs. The Division will communicate response on legislative issues that could Person of the Year awards. The winners will with the Chamber membership on these issues and impact our communities at any given time. be recognized during National Small Business present the positions of the Chamber leadership to Week at a reception,at a membership lunch- appropriate public officials. eon,and at the Annual Meeting. Program of Work: • Continue to promote and expand the mini • Focus efforts and resources on local,state trade show conducted in May during Small and fede rat issues which are critical to the Business Week. economic growth of the Beaumont area, including: 14 Professional Staff Jim Rich Richard "Rick" J. Barrileaux President Director of Economic Development Shirley Bartos Lou Saldana Senior Vice President Bookkeeper Gay Chionsini Jodi Thibodeaux Projects Manager Receptionist-Secretary Virtue Alexander Ashley Vandewater Membership Director Student Employee Betsy Henslee Mary Jean Johnson Economic Development Specialist Director of Loans 2003 Adviso!y Directors Lonnie Arrington Azim Keramati Rickey Simmons Fabricon International,Inc. Boomtown Furniture Triple "S"Industrial Corp. Danny Babineaux Craig Kinsel J.Mitchell Smith Air Comfort,Inc. Kinsel Motors,Inc. Germer,Bernsen&Gertz,L.L.P. Slate Babineaux David Locke Walter Snider Chairman for Membership Bank One,Texas,N.A. Snider&Morgan,L.L.P. Air Comfort,Inc. Charles Mason,Jr. Robert Swerdlow Eddie Bates Mason Construction Chairman for Small Business C&I Oil Company Development Partnership Mark McKinnon Lamar University Larry Beaulieu Vice Chairman for Membership KFDM-TV Freedom Corporation KBMT—TV,Channel 12 Karen Thomas Lamar University A.B. Bernard Annella Metoyer BGI Contractors,Inc. Hibernia National Bank Skylar Thompson Market Basket Food Stores Sam Bethea Entergy—Texas William E.Neild Brenda Van Dyke Neild Construction-Development Johnny Casmore Corporation Jeneal International ExxonMobil Sina Nejad Aubrey Webb Rocky Chase Sigma Engineers The Beaumont Enterprise Hoffbrau Steaks Doug Nelson Terry Whiddon Michael Clayton Transit Mix Concrete&Materials,Co. Funchess,Mills,White&Co.,PC Better Business Bureau of Southeast Texas Randall Odom Wilton G.White Chairman for Health&Human Services SouthTrust Bank Jay Eisen CHRISTUS St.Elizabeth Hospital Sampson Steel Other Division Chairmen: Nathan Cross Mary Randall Edgar,Kiker&Cross,CPA's JeMAM Group,Inc. Bret nfor e g Vice Chairman for Membership Marty Roberson Vice President James C.Ellis Vice Chairman for Finance&Administration Air Comfort,Inc. E.I.duPont de Nemours&Company Community Bank Tom Burger Kyle Hayes C.A. Shelton Vice Chairman for Minority City of Beaumont Port of Beaumont Business Development Phil Hurley ExxonMobil KBTV,Channel 4 Luis G. Silva Vice Chairman for Health& Jay Johnston Human Services CenterPoint Energy Entex Silva Employment Network 15 chamber History The Beaumont Chamber of Commerce was founded on the evening The fight to protect water rights led by our legislative delegation was of January 22, 1903 in the City Council chambers when one hundred supported by the Beaumont Chamber of Commerce with live testimo- sixty-five citizens met and agreed Beaumont had arrived at a pivotal ny,board resolutions and statewide coalition building.The Chamber point in her history. The"boom town"was soaring from about 3,300 was a catalyst in the formation of the Jefferson County Chambers of people in 1890 to 9,427 for the 1900 census. Business was also Commerce Legislative Response Team which was announced to the booming and the group of businessmen realized the time had come to public on June 6,2000.The coalition provides a mechanism to repre- establish a commercial organization which became known as the sent the views of the Jefferson County business community on issues Beaumont Chamber of Commerce. They elected eleven directors that impact our cities and to provide a stronger voice in Austin and from their ranks including Col.Sam Park,president of Industrial Washington. Lumber Company and the Beaumont Brick Works,who was voted to The actions to market Beaumont for new business attraction lies with serve as the chairman.Two front rooms in the Iowa Building on the Beaumont Chamber of Commerce based upon a service agree- Crockett Street were rented as the chamber offices at a cost for$35 ment with the City of Beaumont and a fund campaign to leverage the per month as part of an initial budget of$10,000. public dollars with private donations.The opening of the West According to newspaper accounts,the Chamber wasted no time in Teleservices Corporation customer contact center in January 2001 was launching the first economic development campaign. Within days,the the result of proposals and negotiations coordinated by the chamber. leaders met with the general western emigration agent of Southern The Beaumont Chamber of Commerce working with Jefferson Pacific Railroad who was extremely interested in developing the area. County helped establish the U.S.Postal Remote Encoding Facility in They launched an advertising campaign and began discussions on ways downtown Beaumont in 1996.As the technology for mail handling and means of bringing the International and Great Northern Railway has improved,the original 55 encoding facilities nationwide have been into the city.By the end of the year,the membership included 190 reduced to 22.The Beaumont location has survived each round of clo- members. sures and is now posed to expand by 600 jobs based upon the regular As we celebrate the 100th anniversary of the Beaumont Chamber of visits to Washington and Dallas to meet with postal authorities and dis- Commerce,the Chamber remains the catalyst for economic develop- cuss the viability of the Beaumont site. ment,legislative and public policy initiatives,leadership training and The globalization of the economy and the growth of international community development envisioned by the founding citizens in 1903. trade is the single biggest factor which will influence the future of Leadership is the key ingredient to any community's success.For the Beaumont.Support for the Port of Beaumont is critical to maintain past thirty years,Leadership Beaumont,a leadership development and and fizrther develop our gateway to the world.The continued estab- training program sponsored by the Beaumont Chamber of Commerce, lishment of relationships to foster trade included an historic trip to has promoted new leadership for the future.Leadership Beaumont is Cuba in January 2001 and trade missions to Mexico in recent years. one of the oldest community leadership programs in the State of We are also developing relationships with China which could result in Texas. CASA,Leadership Southeast Texas,Youth Leadership,and the meaningful trade and local investment. Public Service Candidate School are additional programs which were Transportation issues formed the basis for the creation of the nurtured and developed through Leadership Beaumont. Beaumont Chamber of Commerce in 1903 and still dominate the The growth of Beaumont is inexorably linked to the quality and suc- agenda today.The importance of the Sabine-Neches Waterway to the cess of our education institutions.The Chamber has facilitated local economy has been a regular theme over the years with efforts to progress with the Beaumont Independent School System,the Lamar dredge the river to greater depths to support commerce and ocean ves- Institute of Technology and Lamar University to provide world class sels. Recently,the need to develop reliable air service from the opportunities and promote workforce development.The Jason Project Southeast Texas Regional Airport has been in the news with the is a prime example.Famed scientist and explorer,Dr.Robert Ballard, announcement by American Airlines to cease operations April 7,2002. spoke at the chamber's 2000 annual meeting.His tall,about the The Beaumont Chamber of Commerce is actively involved in the importance of science led to the formation of the Jason Alliance of effort to develop a business plan and recruit jet service to the area. Southeast Texas.The Jason Project is an education program that The Beaumont Chamber of Commerce is a beehive for business lead- sparks the imagination of students and enhances the classroom expert- ers,volunteers,professional staff to come together to make things hap- ence through explorations with Dr.Ballard.It exposes students to pen.Activities include bi-monthly meetings with distinguished guest leading scientists who work with them to examine the earth's biologi- speakers,weekly informal gatherings,seminars,and the presentation of cal and geological development.The Jason Project became a reality awards and recognition for outstanding businesses. Each year,the based upon early meetings with local business leaders and entities that Chamber presents awards to the Small Business of the Year,the Athena expressed an interest bringing the Jason Project to Beaumont.Live Award for distinguished female entrepreneurs,and the Spindletop broadcasts of Ballard's Alaska expedition from January 28 to February Award which is presented to major corporate entities who have made 8,2001 aired at Lamar University was seen by 8,715 students and 457 outstanding contributions in the economy and quality of life of the teachers and the project will be expanded in the future. area.The Chamber has always had a presence in the downtown area. The health of Beaumont's economy rests with the need to focus on This presence was enhanced in 2001 with the purchase of a building at the long-range issues,which will impact the business climate.An effort 1110 Park Street which now houses the Chamber offices.There are to shape and influence public policy is essential.Some leading examples twenty-four directors and forty-two advisory directors supported by include the development of the local plan to comply with federal air nine full-time professional staff.The membership exceeds 1800 and quality standards.The chamber played a crucial role to encourage gov- the annual budget for 2003 is$829,747. ernment and industry to the fund the United States Army Corps of Engineers feasibility study for navigational improvements on the Sabine-Neches Waterway and actively lobbied and promoted passage We are recsdy jbp b%mness,for the ne"eentuvy. of the Jefferson County Navigation District in November 2001 through voter education. 16 EAUMONT BER OF COMMERCE AND READY FOR BUSINESS 450 Bowie Street • P.O. Box 3150 • Beaumont, Texas 77704 (409) 838-6581 • Fax (409) 833-6718 • www.bmtcoc.org 3 December 10,2002 Consider approving a one-year renewal contract with Carolyn C. Chaney&Associates, Inc. to act as the City of Beaumont's Washington Assistant 11 79ij City of Beaumont qw_ m = W Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Hayes, City Manager MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 3, 2002 REQUESTED ACTION: Consider a one-year renewal contract with Carolyn C. Chaney& Associates,Inc.to act as the City ofBeaumont's Washington Assistant. RECOMMENDATION Administration recommends approval of a one-year renewal contract with Carolyn C. Chaney & Associates,Inc.in the amount of$53,130. The contract will also include a maximum.of$4,000 for reimbursable expenses. The contract amount and reimbursement expenses have remained the same as in the 2002 contact. The new contract will be effective January 1, 2003. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Ms. Chaney, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration and proposed and adopted administrative rules and regulations which could impact the City ofBeaumont's policies or programs. BUDGETARYIMPACT Funds are budgeted for this expenditure in the FY2003 Budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RECOMMENDED MOTION Approve/Deny a one-year renewal contract with Carolyn C. Chaney&Associates,Inc.to act as the City of Beaumont's Washington Assistant. LOCAL GOVERNMENT CONSULTANTS November 13, 2002 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a one-year renewal of the contract between the City and Carolyn C. Chaney& Associates, Inc. for federal lobbying and information services. Given the City's current budget situation, I believe it would be appropriate for our level of compensation to remain the same as it was this year. Clearly it has been a tumultuous year in Beaumont,but we are very appreciative of the focus that the Mayor, City Council, and your staff have given to us as we promote the City's agenda in Washington. As you know,we were very pleased with your appointment as City Manager, and we hope to provide you with as much assistance as possible in maintaining and improving the many services provided to the Beaumont community. It has also been an unusual year in Washington, and Congress continues to struggle with its budget problems. We are hopeful that the FY 2003 Transportation Department appropriations bill will ultimately contain at least the $300,000 that was recommended by the Senate for Beaumont Municipal Transit, although it now appears that the bill will not be finalized until January at the earliest. Federal transportation programs (TEA-21) are scheduled for authorization next year, and we will continue to seek funds for BMT, as well for the Delaware Street extension. I have been pleased and proud to represent the City of Beaumont for the past 22 years, and hope to continue that relationship into 2003. Thank you for your support, and please do not hesitate to call if you would like to discuss our contract any further. Sincerely, Carolyn C. Chaneyf' ,s. Washington Assistant cirr©r 1401 K STREET,NW SUITE 700 WASHINGTON,DC 20005-3401 TELEPHONE 202/842-4930 FAx 202/842-5051 www.capitaledge.com/chaney.html AGREEMENT BETWEEN THE CITY OF BEAUMONT,TEXAS AND CAROLYN C. CHANEY&ASSOCIATES, INC. 1401 K STREET,NW- SUITE 700 WASHINGTON, D.C. 20005-3430 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Carolyn C. Chaney & Associates, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff,office space,utilities, furnishings,and equipment, common-use office supplies and services, and general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont,Texas; C. As Washington Assistant the Consultant will review federal executive proposals,legislation under consideration,proposed and adopted administrative rules and regulations and other Washington developments for the purpose of advising the City on her own initiative of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of City Managers and the National League of Cities, and will furnish legislative and administrative analyses of issues as requested; E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; 1 F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary; I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. H ObUga-dons of the City of Rraumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; 2 C. To supply the Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments,Council agenda and proceedings,newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for(1) all travel expenses incurred pursuant to Paragraph I,Subparagraphs D and G; (2) expenses for attendance at any other meetings attended by the Washington Assistant outside Washington, DC, at the request of the City; E. To reimburse the Consultant for other expenses which are incurred within Washington, DC on behalf of the City in carrying out the provisions of this Agreement and as approved by the City Manager subject to the provisions of Paragraph IV; F. To bear long distance telephone, photocopying, executive expenses and postage expenses. III. 7lw CityofBeaumont Texas and the ConsultantconcLwdmt the following exclusions shall apply to this Agreement: A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. 3 IV. Compensation The cost of service will be $53,130.00 for twelve months, payable in advance,in equal monthly installments of$4,427.50 commencing on the first day of January, 2003. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraphs D,E, and F. V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Carolyn C.Chaney,Washington Assi t nt Kyle Hayes, City Manager 4 4 December 10,2002 Consider approving a contract for the Curb Ramp Installation Project City of Beaumont A ° L Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 4, 2002 REQUESTED ACTION: Council consider a resolution authorizing the award of a contract for the Curb Ramp Installation Project in the amount of$130,730.00 to Brystar Contracting, Incorporated. RECOMMENDATION Administration recommends approval and execution of a contract with Brystar Contracting, Incorporated in the amount of$130,730.00 for the Curb Ramp Installation Project. The MBE goal will be met through subcontracts with certified MBE firms. Administration recommends authorization to award this contract. BACKGROUND Advertisement of this project led to the attendance of six (6) local contractors to the required pre- bid meeting on November 6, 2002. On November 13, 2002, the City of Beaumont received one (1) bid for the Curb Ramp Installation Project in the amount of $130,730.00 from Brystar Contracting, Incorporated. The engineering estimate for this project was $118,500.00. BUDGETARY IMPACT The project will be funded from the City Street Rehabilitation Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny authorizing the award of a contract for the Curb Ramp Installation Project in the amount of$130,730.00 to Brystar Contracting, Incorporated. CurbRampsk.wpd December 5,2002 5 December 10,2002 Consider approving an ordinance directing the Finance Director to establish an account known as the "Beaumont Public Library System Endowment Trust" C1 ..e..ij City of Beaumont ML Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 5, 2002 REQUESTED ACTION: Consider an ordinance directing the Finance Director to establish an account known as the"Beaumont Public Library System Endowment Trust"to receive money, "the income only therefrom to be used for the purchase of books, not computer software, selected by the Director of Public Libraries of the Beaumont Public Library System with the approval of the Beaumont Library Commission." RECOMMENDATION The administration recommends approval of an ordinance establishing the Beaumont Public Library System Endowment Trust and authorizing the acceptance of the devise from the Estate of David E. Dickenson in the form of securities to be held by our depository bank,Hibernia Bank,until such time as the securities are sold and the money transferred to the Beaumont Public Library System Endowment Trust. BACKGROUND On November 20, 2001, David E. Dickenson, a former resident of Beaumont, passed away in Washington,D.C. His will left the residuary of his estate"absolutely and in fee simple to the City of Beaumont, Texas,to be credited to the Beaumont Public Library System Endowment Trust,the income only therefrom to be used for the purchase of books,not computer software,selected by the Director of Public Libraries of the Beaumont Public Library System with the approval of the Beaumont Library Commission." The attorneys for the estate want to be assured that the money from Mr. Dickenson's residuary estate will be handled in accordance with the terms of the will. Because the bulk of the devise to the City will be in securities,which are not a lawful investment by the City,it is recommended that the securities be deposited with our depository bank until such time as they are sold, at which time the cash can be transferred to the Beaumont Public Library System Endowment Trust account to be held by the City of Beaumont. It currently appears that the account will be valued at somewhere $600,000 and$700,000. BUDGETARYIMPACT The income from this endowment will be used to purchase books for the Beaumont Public Library System which should have a positive effect on the City's fiscal position. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny an ordinance agreeing to accept the residuary estate from the Estate of David E. Dickenson,directing that the securities be held by the City's depository bank,Hibernia Bank,and, when the securities are sold,that the money be transferred to a trust account to be established within the Beaumont financial system named the "Beaumont Public Library System Endowment Trust." ORDINANCE NO. ENTITLED AN ORDINANCE ACCEPTING THE DEVISE FROM THE ESTATE OF DAVID E. DICKENSON, DIRECTING ESTABLISHMENT OF A TRUST ACCOUNT WITHIN THE BEAUMONT FINANCIAL SYSTEM NAMED THE"BEAUMONT PUBLIC LIBRARY SYSTEM ENDOWMENT TRUST;" AND PROVIDING FOR SEVERABILITY. Section 1. WHEREAS, David E. Dickenson willed the residuary of his estate "absolutely and in fee simple to the City of Beaumont, Texas to be credited to the Beaumont Public Library System Endowment Trust, the income only therefrom to be used for the purchase of books, not computer software, selected by the Director of Public Libraries of the Beaumont Public Library System with the approval of the Beaumont Library Commission." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the Finance Director of the City of Beaumont is directed to establish a trust account known as the"Beaumont Public Library System Endowment Trust," and Hibernia Bank is hereby authorized to accept securities devised to the City as described above , and when the securities are sold, the money shall be transferred to the Beaumont Public Library System Endowment Trust. The money is to be held in the trust account and the income therefrom shall be expended in strict accordance with the terms of the will of David E. Dickenson. SAAGENDAZITY CLERK\12-10-02.wpd Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 10"' day of December, 2002. - Mayor Evelyn M. Lord - S:INGENDXCITY CLERK112-10-02.wpd 6 December 10,2002 Consider granting a new solid waste collection and transportation service franchise CIJ!-WE- Cat Y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 6, 2002 REQUESTED ACTION: Council consider granting a new solid waste collection and transportation service franchise. RECOMMENDATION Administration recommends granting a solid waste collection and transportation service franchise to IESI TX Corporation (IESI). BACKGROUND This is the final reading of the three required by ordinance to be granted a franchise agreement. IESI has requested that the City grant the company a franchise agreement for collecting, hauling and transporting garbage or refuse from locations in the City, and the disposal of such material. According to City ordinances, a franchise agreement is required prior to a firm conducting business within the city limits. Five firms currently have nonexclusive franchise agreements with the City and are doing business in this area. Corporate headquarters for IESI is located in Haltom City, Texas. The firm is expanding into the southeast Texas market and desires to provide solid waste collection and hauling services in the Beaumont area. Office facilities are currently located in Kountze, Texas where they recently purchased and are operating the Hardin County Landfill. The requested franchise agreement is generally the same as those previously approved by City Council. It provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the firm to indemnify the City and provide insurance which names the City of Beaumont as a named insured. Solid Waste Collection and Transportation Services Franchise Agreement December 10, 2002 Page 2 Franchise ordinances require readings at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four (4) consecutive weeks in a newspaper of general circulation in the city. All publication costs are paid by the successful firm. A copy of the franchise agreement is attached for review. BUDGETARY IMPACT A franchise fee of seven percent (7%) of gross receipts is paid into the General Fund. PREVIOUS ACTION City Council was presented with the first reading of the franchise request on October 29, 2002. The second reading was performed during the November 12, 2002 City Council meeting. SUBSEQUENT ACTION City ordinances require that the requested action be read at three (3) separate Council meetings, with the third not less than thirty (30) days from the first reading. One additional reading is required prior to passage. RECOMMENDED BY City Manager, Clean Community Director and Central Services Director. RECOMMENDED MOTION Approve/deny granting a Solid Waste Collection and Transportation Services Franchise Agreement to IESI TX Corporation. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO IESI -TX CORPORATION WHEREAS, IESI - TX Corporation (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the"City"); and, WHEREAS,the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to IESI -TX Corporation the right and privilege to operate and maintain within the City a solid waste collection and transportation service(the "service"). For purposes of this franchise, the term "solid waste collection and transportation service"shall mean the regular business of collection,hauling ortransporting any garbage, rubbish,waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty(60)days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty(30) days after final passage hereof. Upon the expiration of the term hereof,this franchise shall continue on a month-to-month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty(30)days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City,on or before the fifteenth(15th)day of each month, a sum equal to SEVEN PERCENT(7%)of the gross revenues received for service in the previous month as payment for the use of the City's streets,alleys and rights-of-way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges,or other fees applicable to the public generally. City shall have the right,at any reasonable time,to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: 1. Upon written request and within thirty(30)days of receipt,the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section S. Indemnity. Insurance and Bond The Company shall at all times during the effective period of this franchise,carry liability insurance as provided herein. The Company covenants and agrees at all, times to indemnify and save harmless the City, its officers,agents,employees,and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise,whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay anyfinal judgmentwhich might be obtained against City by reason of any work or acts done hereunder by Company,its agents,servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on Its part or on the part of its agents or employees. The Company agrees to cant'insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty(30)days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise,and it shall be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars($100,00.00)peroccurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition,the Company will observe all city,county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal,state,and local regulations. Collection vehicles and all bulk,commercial,and roll-off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8, Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open for business from 9:00 A.M,to 5:00 P.M.each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty-eight (48)hours,the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten(10)days after mailing such notice by City to the Company,such violation shall cease, or satisfactorily arrangements for correction be made by Company,the City Council may, after a public hearing in which Company is provided an opportunity to present evidence concerning such violation,declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to IESI TX Corporation, P. O. Box 1509, Kountze,TX 77625. Notice to City is sufficient if mailed by certified mail to City Manager, P.O. Box 3$27, Beaumont, Texas 77704. Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal,such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason,the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Sect Vehicle Pon-nits Twenty(20)days prior to the effective date of this franchise,the Company shall fumish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number,year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise,the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon receipt of written notification. Failure to comply with this provision orto falsify the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section,Company's disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty(60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 29 day of October, 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the day of , 2002. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2002. -M yor Evelyn M. Lord - ACCEPTANCE: IESI TX Corporation: By: Janell Marin, District Manager-South East Texas District WORK SESSION * Review and discuss a proposed Tow-Truck Ordinance 1~ City of Beaumont _ •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: December 10, 2002 AGENDA MEMO DATE: November 18, 2002 REQUESTED ACTION: Consider amending Chapter 29,Article IV concerning tow trucks to include removal of licensing of towing companies for consent tows,removal of regulations for consent tows,modifying the regulations regarding operation of non-consent tows, and rates related thereto, elimination of the non-consent rotation list, and providing for contract towing service for the City of Beaumont under a new Article IV. RECOMMENDATION Administration recommends repealing present Article IV of Chapter 29 of the Code of Ordinances dealing with tow trucks and adopting the ordinance establishing a new Article IV. BACKGROUND The"tow truck"ordinance was last amended through Ordinance 98-64 which was passed by the City Council on October 6, 1998. That ordinance made certain modifications to previous tow truck regulations but continued the"non-consent rotation list"process for selection of tow trucks. "Rotation list process"has expanded to the point where it has become a major impediment to the effective and efficient delivery of towing services to the motoring public, a significant administrative burden on the police department to maintain and utilize the list, and a administration-inspection burden on police officers. BUDGETARY IMPACT Adoption of the proposed ordinance would significantly decrease police department dispatch efforts, decrease the amount of police manpower required for inspection of tow trucks, decrease the amount of time police officers are required to wait at accident scenes for responding tow trucks, and provide administrative fees through the towing contract to cover costs associated with administration of the contract. PREVIOUS ACTION The city adopted the current Article IV regulating tow trucks,towing companies, tow truck operators in October 1998 through passage of Ordinance 98-64. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Approve/disapprove the proposed ordinance modifying Chapter 29, Article IV the Code of Ordinances of the City of Beaumont relating to tow trucks. TO: Kyle Hayes, City Manager FROM: Tom Scofield, Chief of Police RE: Revisions to Tow Truck Ordinance Chapter 29, Article IV, of the City Ordinances, currently regulates tow trucks, towing companies, and tow truck operators in the City of Beaumont. The current version of that chapter was adopted as a part of Ordinance 98-64 which was passed by the City Council in October, 1998. Texas Transportation Code,Section 643.201,provides that political subdivisions ofthe State of Texas may regulate the operation of a tow truck to the extent allowed by federal law. The principal federal court case affecting towing in Texas is Cardinal Towing v. City of Bedford, Texas (180 fib 686) which held that the City of Bedford, Texas may enter into a contract with a private party to perform non-consent towing within the City of Bedford. Contract towing has also been upheld by several other appellate courts. Section 29,Article IV, City Ordinances, currently regulates non-consent towing in the City of Beaumont and provides for the police department to operate a"rotation list" in regard to selecting towing companies to perform non-consent tows. Article IV also provides the maximum fees for services performed by a towing company engaged in non-consent tows. The Police Department's current "rotation list" consists of approximately twenty-one companies occupying one hundred plus spaces on the list. (Places on the list relate to the number of licensed tow trucks for each company). When a police officer requests a no- preference tow (non-consent tow) the police dispatcher will review the "rotation list" and select the towing company which is next on the list. That company will be contacted and requested to respond to the location to perform the tow. Once a company is notified there is limited time (generally 30 minutes)to respond to the scene to tow the vehicle. It is often necessary for a police dispatcher to contact several towing companies before a company will agree to respond to the scene and, in many cases, the company contacted will contact a second company to respond in their place. This causes major administrative problems and added responsibility has been placed on police dispatchers and also oftentimes leads to delays in tow trucks reaching the scene of an accident. In a significant number of cases,the tow truck that was contacted and notified to respond does not respond, causing the officer to wait at the scene for approximately 30 minutes before a second company can be contacted to respond. In some cases, officers have to wait as long as 90 minutes before a tow truck actually arrives. This extends the time that an officer is"out of service"at the scene. The process also results in delays and confusion both in dispatching the tow trucks and in later locating where the citizen's vehicle is (i.e., where it was towed to). This not only impacts the operation of the police department in a negative fashion, but also causes a major disservice to the owner of the vehicle being towed. A towing "history" for utilization of wreckers performing non-preference tows is approximately as follows: 1997 2,930 "no-preference tows" 2000 3,164 "no-preference tows" 2001 3,153 "no-preference tows" 2002 (1st 8 months) 1,766 "no-preference tows" In the year 2001,there were 115 incidents where tow trucks failed to show at the scene after being contacted by the police dispatcher. In the year 2002,there were 187 incidents of tow trucks failing to show after being requested by the police dispatcher. Some towing companies had "double-digit" no-shows. Use of the "rotation system" also necessitated officers in the traffic unit of the police department inspecting in excess of 100 tow trucks each year and dealing with 20+ towing companies. This severely restricted the ability of the police department to monitor activities of the towing companies to determine compliance with the ordinance and to investigate complaints received from the motoring public. In researching other cities in regard to their ordinances and operational procedures regarding tow trucks, approximately 35 different cities were contacted. Copies of their towing ordinances,tow truck regulations,towing contracts,and any related comments regarding tow truck operations were solicited and extensive research material was accordingly compiled. Cities of similar size and also smaller and larger cities were contacted to give a comprehensive approach to the research. Information obtained from these cities reflects that a number of the cities have gone to a program of"contract towing"for all no-preference or police tows in their jurisdiction. This is a process which is allowed under both state and federal law and in court decisions. The cities who use"contract towing"all indicated positive comments regarding that process and were very pleased with the way it operated. The process allowed the city to deal with a single towing company which was selected on the basis of competitive bids or requests for proposals. In some cases the cities operated with storage lots and in others the vehicle storage lots were operated/owned by the towing companies. In each case where "contract towing"was provided for under the ordinance,the towing rates for the motoring public was significantly less than the current towing rates established by ordinance in the City of Beaumont. This would provide a significant benefit to the public. In some cities, the city assessed an administrative fee for the towing and/or storage of the vehicles to assist in monitoring and administrating the ordinance. The contracts were generally established to differentiate between"light duty"(cars,pick up trucks, motorcycles, etc.)and"heavy duty"towing(dump trucks, 18 wheelers, buses, etc.). In most cities the same company had both the light duty and heavy duty contracts. The contracts were generally multi-year contracts or single-year contracts with provisions for renewal over a period of years. The contracts generally contained terms related to fees to be charged,services to be rendered,response time,operation of vehicle storage facilities,etc. In many cities, the "contract" also provided for towing of abandoned vehicles, junked vehicles, city vehicles, etc., along with the police tows or no-preference tows. SUMMARY/RECOMMENDATIONS A review of all research obtained during the surveys clearly indicates that the use of a "contract towing"system could provide significant benefits to both the motoring public and to the City of Beaumont. Through this system it would be possible to obtain towing at a rate below the current ordinance which would directly benefit the motorist, allow the motorist to know a single location where their vehicle had been taken rather than having to go from place to place to find it, allow an easier retrieval of their vehicle at a single location, and allow a organized complaint process for motorists who feel they have been unfairly dealt with by the individual towing their vehicle. Benefits to the City would include greatly enhanced dispatch services when tow trucks are needed, reduced time required for a tow truck to respond to the scene (and accordingly the time the officer would be required to wait at the scene), provide a contract with intended restrictions and qualifications when dealing with a single towing company,and allow the city to recover administrative costs associated with the monitoring and dispatching of tow trucks. The Police Department would,thus,recommend that the proposed ordinance,which provides for"contract towing" services and regulating other non-consent towing, be adopted by the City Council. Provisions of that ordinance include: 1. Reduced administrative and dispatch time related to police dispatch operations 2. Reduced number of required inspections related to tow trucks performing non- consent tows 3. Reduction of the amount of time officers would be required to "stand by" an accident scene. 4. Enhanced response time of tow truck to accident scenes and,correspondingly, clearing accidents from roadways in an enhanced fashion. 5. Potentially reducing the number of complaints in that the City would have "stronger" ability to monitor and regulate the towing company providing the "contract tows." 6. Reduce the potential cost to the motoring public associated with towing. 7. Reduce the cost to individual vehicle owners whose vehicles are towed pursuant to other"non-consent"tows. (Tows not covered by the contract) 8, Establish a uniform system of record keeping for all non-consent and contract tows and providing for required reporting to the City by the contract tow company of all contract tows. 9. Provide for uniform towing standards and performance through a multi-year contract with a single towing company. THE PROPOSED NEW ORDINANCE AND THE CONTRACT TOWING SYSTEM PROPOSED THEREIN HAS THE STRONG SUPPORT OF BOTH THE ADMINISTRATION AND THE STREET OFFICERS WITHIN THE POLICE DEPARTMENT. DRAFT ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE REGULATIONS OF TOW TRUCKS TO REMOVE LICENSING OF TOWING COMPANIES FOR CONSENTTOWS, REMOVE REGULATION OF CONSENT TOWS AND THE OPERATION OF A NON-CONSENT ROTATION LIST, PROVIDE FOR CONTRACT TOWING, SET RATES FOR NON-CONSENT TOWING, SETTING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 29 of the Code of Ordinance of the City of Beaumont be amended to repeal Article IV concerning tow trucks and enact a new Article IV to read as follows: ARTICLE IV. TOW TRUCKS, TOWING COMPANIES AND TOW TRUCK OPERATORS Sec. 29-70. Definitions. As used in this article, the following terms shall have the respective meaning ascribed to them: "Consent tow"means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle. Page 1 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT "Non-consent tow" means any tow of a motor vehicle that is not a consent tow. Regardless of this definition, City police officers may control the scene of an accident in the manner they deem appropriate and order a non-consent tow. "Operate"means to drive or cause to be driven a tow truck on a public roadway. "Operator"means any person operating a tow truck on a public roadway of this state. "Owner" means a person owning, leasing or otherwise using either directly or indirectly a tow truck on a public roadway of this state. "Person" means an individual, corporation, organization, business trust, estate, trust, partnership, association or other legal entity. "Public Roadway"means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way. "Tow Truck" means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch or otherwise move another motor vehicle. "Towing company" means an individual, corporation, partnership or other association engaged in the business of towing vehicles on a public roadway for compensation or with the expectation of compensation for the towing or storage of the vehicles and includes the owner, operator, employee or agent of a towing company, but does not include a political subdivision of the state. Page 2 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT "Vehicle"means a motor vehicle subject to registration under Chapter 501, Texas Transportation Code, or any other device designed to be self-propelled or transported on a public roadway. "Vehicle storage facility"means a garage, parking lot or any other type of facility owned by a person other than a governmental entity for storing or parking ten (10)or more vehicles a year and licensed pursuant to Texas Occupation Code §2303.001, et seq. (Vehicle Storage Facility Act or any successor statute or article). Sec. 29-71. Operation of tow truck. (a) It shall be unlawful for any person to operate a tow truck in the city for the purpose of participation in or execution of any non-consent tow unless the tow truck is: (1) Licensed and permitted as a tow truck pursuant to Texas statutes;and (2) Registered and permitted by the City pursuant to this Article.. (b) No person operating a tow truck who performs a non-consent tow may tow any motor vehicle to any location other than: (1) A vehicle storage facility located in the city which holds a current license to operate a vehicle storage facility issued by the Texas Department of Transportation; or (2) A specific location in the city designated by an officer of the Police Department or by the owner or operator of the vehicle. Page 3 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT (c) No person shall stop or park any tow truck within three hundred (300)feet of the scene or site of any vehicle accident or collision while any vehicle disabled, damaged or wrecked in such accident or collision remains at such scene or site unless: (1) It is licensed and permitted as a tow truck pursuant to state statutes and has been directed by or received the consent of a police officer at the scene to stop or park the tow truck within the three hundred (300) foot area; or (2) It is a tow truck which has been summoned to the scene or site of a vehicle accident by the Police Department or owner of a vehicle involved in the accident or at the owner's request and does not, in the opinion of any police officer investigating the accident, constitute a safety hazard to vehicles or persons at the scene or obstruct or interfere with the activities of the officers investigating the accident or scene. (d) No person may solicit in any manner, directly or indirectly, on the public roadways of the city, the business of towing a vehicle which is wrecked or disabled on a public roadway, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading or purchasing the vehicle. Proof of the presence of a person engaged in the business of towing vehicles or the presence of a tow truck or motor vehicle owned or operated by a person engaged in the business of towing vehicles, either as owner, operator, employee or agent, on a public roadway in the city, within 300 feet of the scene or site of an accident, which has not been Page 4 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT called to the scene by the Police Department or the operator of the vehicle,within one hour after the happening of an accident is prima facie evidence of a solicitation in violation of this section and creates a rebuttable presumption that the operator of the tow truck is in violation of this evidence. This provision shall not, however, apply to any police officer or representative of the City who advises any person of the towing services available pursuant to any City towing contract so long as the person has no preference concerning who tows their vehicle. Sec. 29-72. Permit. (a) It shall be unlawful for any person to operate or cause to be operated any tow truck which performs non-consent tows in the city without having first obtained a tow truck permit from the City issued under this article to such person to operate a tow truck. A tow truck company or the owner or operator of a tow truck may obtain a tow truck permit by paying a Thirty-five dollar($35.00) annual fee per tow truck. Each such tow truck must be in a safe operating condition, operational, and in compliance with state requirements. (b) The Chief of Police shall develop necessary forms and procedures to enact these provisions. Any person desiring to operate a tow truck which performs non-consent tows in the city shall make application with the Police Department for the issuance of a permit. Such application shall be submitted on the forms furnished by the Police Department. The applicants shall furnish all required information and supporting documents noted on the application form. A tow truck permit shall not be issued by the Page 5 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT Chief of Police unless the applicant meets all the required provisions of this article, including but not limited to: (1) All information on the submitted application is true and accurate and all required supplemental documents or information has been furnished. (2) The tow truck owner operates a vehicle storage facility in the city which is, at all times, licensed pursuant to the Vehicle Storage Facility Act, as it may be amended, and which is in compliance with all provisions of the Vehicle Storage Facility Act and any relevant provisions of the Texas Administrative Code. (c) An individual identified as an owner of a tow truck on the application who has a felony conviction within the previous five (5) years that, in any fashion, relates to the duties and responsibilities involved in the operation of a tow truck or which directly affects such person's fitness to perform as a tow truck owner may have their application for tow truck permits denied or have any permit suspended or revoked by the Chief of Police. In determining whether an individual's criminal conviction (which includes the entry of a deferred judgment) relates to the performance of a tow truck owner, the Chief may consider the following factors: (1) the nature, seriousness and frequency of a crime; (2) the relation of the crime to the purpose for requiring the permit; Page 6 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT (3) the extent to which a permit may offer an opportunity for the individual to engage in further criminal activity of the same or similar type as that in which the individual has previously been involved; and (4) the relationship of the crime to the ability, capacity or fitness required to perform the duties and discharge the responsibilities of a tow truck owner. (d) Term. A permit issued pursuant to this article shall be valid for one (1) year from the date issued. Sec. 29-73. Investigation. (a) The Police Department shall investigate all complaints arising from reported violations of this article. Upon completion of the investigation, the Chief of Police shall determine if a violation occurred. If the Chief of Police determines that a significant violation of this article occurred, the Chief may suspend or revoke the permits or license according to the following standards: (1) Violation of any provision of this ordinance, the Texas Transportation Code,Vehicle Storage Facility Act, as it may be amended, or sections of the Texas Administrative Code regarding operation of tow trucks,towing companies orvehicle storage facilities by owners, agents or employees of a towing company shall subject the owner of the tow truck permitted to that owner to the following administrative action regarding all tow truck permits held by that towing company: Page 7 of 16 G:\RMIMREV TOW TRUCK ORD DRAFT a. First offense: Suspension of all tow truck permits of the towing company for thirty (30) days. b. Second offense: Suspension of all tow truck permits of the towing company for sixty (60) days. c. Third offense: Revocation of all tow truck permits of the towing company for two (2) years. (b) The administrative penalty set forth in this section shall be independent of and may be in addition to any other penalties assessed pursuant to the violation of any ordinance of the City or statute or administrative code of the state. The determination of whether a violation occurred shall be within the sole discretion of the Chief of Police. (c) Time limitations for computation of penalties regarding suspension or revocation of permits or licenses for repeat offense shall be calculated based on a two-year period from the date of the first offense for which a permit is suspended or revoked. The holder of a permit that was revoked may not, for a period of two (2) years from the date of the revocation, apply for any new permits of the type that was revoked. (d) The Chief of Police shall provide written notice of any suspension, revocation or denial setting out the basis for the decision, giving the effective date for the suspension, revocation or denial and providing the appeal procedure. A suspension, revocation or denial shall become effective seven (7) days from the date that the Chief of Police notifies Page 8 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT the permit holder of the suspension, revocation or denial unless an appeal is filed as provided herein. (e) Any appeal of a decision by the Chief of Police regarding a tow truck permit must be in writing and must be submitted to the City Manager's office prior to the effective date of the suspension, revocation or denial. The written request for appeal must set forth the basis for the appeal and specifically identify any error or misapplication of information or of this article by the Chief of Police regarding the decision to deny, suspend or revoke the permit or license. The City Manager shall select a hearing officer to preside at any appeal hearing and the decision of the hearing officer shall be final. The appellant may appear at any hearing and it shall be the burden of the appellant to establish that the decision by the Chief of Police is incorrect. The Chief of Police shall be entitled to present any information or evidence which would support his decision. Sec. 29-74. Tow Truck Operator. (a) All tow truck operators shall: (1) Obey all lawful orders given by any police officer and not in any manner interfere with any police officer in the performance of his/her duties. (2) Not remove any wrecked,disabled or illegally parked vehicle from any public roadway without authorization from a police officer; provided, however, that the driver of a stalled or disabled vehicle not involved in an accident may authorize a tow truck operator to remove his/her vehicle when no police officer is present. Page 9 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT (3) Remove from the site from which any vehicle is removed all resulting wreckage or debris, including all broken glass unless otherwise directed by a police officer. "Resulting wreckage or debris"does not include the towed vehicle's load or cargo. Sec. 29-75. Tow Truck Selection Form. The Chief of Police shall cause a "towtruckselection form"to be prepared which shall contain, but not be limited to: (1) a statement by the owner or operator of the disabled vehicle designating the towing company which the owner desires to remove the disabled vehicle and the place to which the owner desires such vehicle to be removed; (2) a statement authorizing any police officerto call the designated towing company to remove the disabled vehicle; (3) a statement in the alternative that the owner or operator has no preference as to a towing company and authorizes any police officer to call the City's contract towing service and a statement that the owner or operator desires the vehicle to be removed to the place designated by the owner or operator; and (4) provide space for the signature of the owner or operator of the vehicle. Page 10 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT Sec. 29-76. Tow Truck Selection. (a) When a police officer investigating an accident determines that any vehicle which has been involved in a collision or accident upon a public street is unable to proceed safely under its own power, or when the owner thereof is physically unable to drive such vehicle or if the vehicle's location is a hazard to the public safety, such officer shall request the owner to designate, on a tow truck selection form, the towing company the owner desires to remove the vehicle. Such designation by the owner shall be signed by the owner. The police officer shall give a copy of the authorization thus made on the form to the owner and shall retain the original. (b) When the owner has designated the towing company desired, the police officer shall communicate that fact immediately to Police Department headquarters, and police personnel receiving such information at headquarters will call the designated company to send a tow truck to the scene of the accident or collision. (c) In the event of a police impound, an abandoned or junked motor vehicle as defined by Chapter 13, section 13-15, or in the event of an automobile collision where the owner or operator of a vehicle involved in such accident fails or refuses to designate a towing company desired by such owner or operator to provide tow truck service for the vehicle as herein set forth, then the police officer investigating such accident shall communicate with the Police Department to summon the City's contract towing service to provide tow truck service for such vehicle. Page 11 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT Sec. 29-77. Contract Tow Service. The City may obtain towing service for the City by preparing specifications for such towing service, requesting proposals, and awarding a contract to the successful applicant. The City will establish the specific terms of the contract, which may be done on a formal or informal basis; however, the approval and awarding of the contract, if required by the bidding laws of the state, shall be made by the City Council. A person shall not be prevented from requesting the towing company of their choice. However, if the towing company requested by the person is not able to tow the vehicle in a timely manner, as determined by a police officer at the scene, or in the event of an emergency situation, the police officer may require that the City's contract towing service be utilized. Sec. 29-78. Non-Consent Towing Fees. (a) The maximum fees which may be charged by a towing company which performs non-consent tows, other than City contract tows, pursuant to this article are as follows: (1) All size vehicles: $65.00. (2) A daily storage fee of not more than that allowed by state law. (3) "Drop"fee to release a vehicle which has been "hooked up" by a tow truck: $25.00 Page 12 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT Sec. 29-79. Police Directed Storage. Any officer, in the exercise of discretion, may direct that any vehicle shall be taken by the driver of the tow truck towing the vehicle directly to a place of storage designated by the City, and there be held by the City for inspection or investigation to determine the cause or reason for the accident in which such vehicle was involved or such vehicle's disability or for any lawful purpose. Sec. 29-80. Maintenance of Records. The City contract wrecker service and any towing company performing non-consent tows shall maintain at its office or storage location, in the city, records as to all vehicles towed by it in accordance with the provisions of this article. Sec. 29-81. Type of Records. (a) The records required to be kept by the City contract wrecker service for any contract tow shall contain, but are not limited to, the following information: (1) make, model, serial number, and license plate number of the vehicle moved by the contract towing service; (2) location from which the vehicle was removed and the date and time of removal; (3) total amount charged for towing; (4) storage rate per day; Page 13 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT (5) description of all personal property within the disabled vehicle at the time of its removal; and (6) other information required by the Chief of Police. (b) Any towing company performing a non-consent tow in the city shall prepare and maintain the records set out in (a) and (c) on any non-consent tow. (c) The above-described records shall be preserved by the contract tow truck business and any other towing company performing non-consent tows for twelve (12) months from and after the date said business comes into possession of the vehicle, or until the vehicle is released from the possession of the tow truck business, whichever length of time is longer. (d) Copies of the records set out in (a) shall be provided to the owner, operator, or authorized agent of the owner, at no charge to that person, upon their request. Sec. 29-82. (a) The records required to be kept by the provisions of Section 29-81 shall be made available to the members of the Police Department or any other authorized agent of the City by the tow truck business at any reasonable time. (b) The vehicle storage facility that provides notice of the possession of a vehicle towed, pursuant to any City contract or any non-consent tow, to the owner in accordance with the provisions of state law must also provide to the City a copy of the certified return receipt request, letter of notice sent to the owner, and a copy of the certified mail receipt Page 14 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT received by the vehicle storage facility from the post office after delivery of the certified notice. Sec. 29-83. Penalties; Fines. (a) Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each day such violation is permitted or continues to exist shall be and is deemed to constitute a separate offense. (b) Any violation charged pursuant to this section shall be independent of and may be in addition to any administrative penalties which may be imposed regarding the suspension, revocation or denial of any permit or license granted under this article. Section 2. It is hereby declared to be the intention of the City of Beaumont that the sections, paragraphs,sentences,clauses, and phrases of this Plan are severable and, if any phrase, clause, sentence, paragraph, or section of this Plan shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction,such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Plan, since the same would not have been enacted by the City of Beaumont without the incorporation into this Plan of any such unconstitutional phrase, clause, sentence, paragraph, or section. Page 15 of 16 G:\RMW\REV TOW TRUCK ORD DRAFT Section 3. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. This ordinance shall be effective from and after February 1, 2003. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of , 2002. - Mayor Evelyn M. Lord - Page 16 of 16 G:\RMW\REV TOW TRUCK ORD �r C City 0J Beaurnont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 10, 2002 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Carlos Hernandez would be reappointed to the Community Development Advisory Committee. The current term will expire April 22, 2004. (Mayor Evelyn M. Lord) Tracy Richardson would be reappointed to the Historical Landmark Commission. The current term will expire January 15, 2004. (Mayor Evelyn M. Lord) Philip Long would be reappointed to the Historical Landmark Commission. The current term will expire August 31, 2004. (Mayor Evelyn M. Lord) E.J. Sherlock would be reappointed to the Small Business Revolving Loan Fund Advisory Committee. The current term will expire October 14, 2004. (Councilmember Guy Goodson) Dale Hallmark would be appointed as Vice-Chairman of the Historical Landmark Commission. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) Gene Arnold would be appointed as Chairman of the Small Business Revolving Loan Fund Advisory Committee. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) E.J. Sherlock would be appointed as Vice-Chairman of the Small Business Revolving Loan Fund Advisory Committee. His term would commence December 10, 2002 and expire December 9, 2003. (Mayor Evelyn M. Lord) A) Approve a bid for the clearing of trees and vegetation on approximately 28 acres adjacent to the Wastewater Treatment Plant B) Approve the settlement of the lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont A VO%W P.. City of Beaumont C ouncil Agenda Item� K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: December 10, 2002 AGENDA MEMO DATE: November 29, 2002 REQUESTED ACTION: Council approval to award a bid for the clearing of trees and vegetation on approximately 28 acres adjacent to the Wastewater Treatment Plant. RECOMMENDATION Administration recommends award of a bid for the clearing of trees and vegetation on approximately 28 acres to Taylor Services General Contractor of Nederland in the total amount of$52,000. BACKGROUND The clearing of the acreage will facilitate the eventual construction of a 15 acre pond for the Water Utilities Division. The pond will supplement two (2) 15 acre ponds which currently exist to filter solids out of wastewater before passing the water to the constructed wetlands. The Texas Commission on Environmental Quality (TCEQ, formerly the TNRCC) enforces strict limits on the discharged water, and the third pond is necessary to meet these regulations. The bid specifications require the contractor to remove all trees and vegetation above ground level. Subsequent excavation prior to construction of the pond will remove subterranean roots and vegetation. Bid notices were provided to 25 vendors, with six (6) responding with bids as reflected in the attached tabulation. The completion time for clearing the land will be approximately 60 days. BUDGETARY IMPACT Funds are available for this expenditure in the Water Utilities Fund. Clearing of Trees and Vegetation on 28 Acres-Wastewater Treatment Plant November 29, 2002 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid for the clearing of trees and vegetation on approximately 28 acres at the Wastewater Treatment Plant from Taylor Services General Contractor in the total amount of $52,000. Clearing of Trees and Vegetation on 28 Acres-Wastewater Treatment Plant November 29, 2002 Page 3 Vendor Completion Time Total Cost Taylor Services General Contractor 60 days $52,000 Nederland, Texas Duphill, Inc. 60 days $60,045 Orange, Texas Anthony Construction 60 days $61,000 Nederland, Texas C.H.C. and Sons, Inc. 60 days $72,800 Houston, Texas Brystar Contracting, Inc. 60 days $83,972 Beaumont, Texas Team Mitchell Environmental&Mulching, Inc. 60 days $107,773 Marshall, Texas B City of Beaumont Council Agenda Item .Z EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: December 10, 2002 AGENDA MEMO DATE: December 3, 2002 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of a lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont. BACKGROUND Council authorized the settlement of this lawsuit in prior Executive Sessions. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of$4,500. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont. G:\CG\RESOLUTI\CLAIMLAW.DOC\AGEN MEMO-LAWWACKSON-TC.02wpd.wpd RESOLUTION NO. WHEREAS, the lawsuit of Dorothy Jackson v Arthur Leger et al was discussed in an Executive Session properly called and held Tuesday, November 26, 2002; and, WHEREAS, the Council desires to authorize the settlement of the suit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the lawsuit styled Dorothy Jackson v Arthur Leger and the City of Beaumont for the sum of Four-Thousand and Five- Hundred and No/100 ($4,500) Dollars payable to Dorothy Jackson and Attorney David Starnes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the lUh day of December, 2002. -Mayor Evelyn M. Lord - G.\CG\RESOLUTI\CLAIMLAW.DOC\RESO-LAWSUITM ACKSON 12-02.TC.wpd