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MIN DEC 13 2005 M I N U T E S - CITY OF BEAUMONT Lulu L. Smith,Ward I GUY N. GOODSON, MAYOR Nancy Beaulieu,Ward II Andrew P. Cokinos,At-Large CITY COUNCIL MEETING Becky Ames,At-Large Audwin Samuel, Mayor Pro Tem,Ward III December 13,2005 Bobbie J. Patterson,Ward IV Tyrone E. Cooper, City Attorney Kyle Hayes, City Manager Rose Ann Jones, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on December 13, 2005, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Presentations and Recognition: Presentation from Robert Reyna, Beaumont Housing Authority Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda Consent Agenda Mayor Goodson called the council meeting to order at 1:30 p.m. Father Henry Davis of Our Mother of Mercy Catholic Church gave the invocation. Mayor Pro Tern Samuel led the Pledge of Allegiance. Roll call was made by Rose Ann Jones, City Clerk. Present at the meeting were Mayor Goodson, Mayor Pro Tern Samuel, Councilmembers Smith, Beaulieu and Patterson. Absent Councilmembers Ames and Cokinos. Also present were Kyle Hayes, City Manager; Tyrone Cooper, City Attorney; Rose Ann Jones, City Clerk. Proclamations, Presentations, Recognitions "3D Month in Beaumont" - December - 2005 - Proclamation read by Councilmember Beaulieu, accepted by Karen Neild with the Drug Free Beaumont Commission Presentation - Harvey Zernal, Chairman of 2005 HEB Feast of Sharing - invitation to the City of Beaumont for their annual Christmas celebration Presentation - Robert Reyna, Beaumont Housing Authority-Spoke regarding demolition of Magnolia Gardens and rebuilding with home and apartments, which will be a gated community instead of a public housing apartment complex, with residents paying 30% of rent Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda. Frank Keiffer 3190 Willowood Beaumont, TX Item #9: Asked that Council not approve CenterPoint Energy's increase Minutes-December 13,2005 CONSENT AGENDA Approval of minutes - November 29, 2005 Confirmation of committee appointments - Resolution 05-252 Andy Hemmings would be appointed to the Community Development Advisory Committee. The term would commence December 13, 2005 and expire December 12, 2007. (Councilmember Nancy Beaulieu) A) Adopt a resolution casting the City's votes(413)for C.L. Sherman to the Board of Directors of the Jefferson County Appraisal District - Resolution 05-253 B) Approve a resolution requesting new signatories for the Workers Compensation Claims Account at Hibernia National Bank - Resolution 05-254 C) Approve payment of an invoice for repairs performed subsequent to Hurricane Rita at the Water Production Plant and Lawson's Crossing Pump Station - Resolution 05-255 D) Authorize eminent domain proceedings to acquire 50% interest in Lots 1, 2, 3, 11 and 12 of Block 9 of the Van Wormer Addition located at 902-26 College Street (Parcels 7, 8 and 9) for the Martin Luther King Jr. Park - Resolution 05-256 E) Approve the purchase of a software system for the Convention and Visitors' Bureau - Resolution 05-257 Councilmember Beaulieu made a motion to approve the Consent Agenda. Mayor Pro Tem Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to RS(Residential Single Family Dwelling)District or more restrictive district for the property at 7475 - 7655 Westhaven 3840 - 4095 Cheryl, 4015 - 4090 Neumann, and 4015 - 4095 Blackwell - Ordinance 05-088 Administration recommended approval of a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density)to RS(Residential Single Family Dwelling) District or more restrictive district for the property at 7475- 7655 Westhaven, 3840- 4095 Cheryl, 4015 - 4090 Neumann, and 4015 - 4095 Blackwell. Page 2 of 12 Minutes-December 13,2005 In October, the majority of the property owners within the Westhaven Terrace Addition came to City Council to request that the City initiate a zone change for their subdivision. The subdivision consists of 46 lots and is currently zoned RM-H (Residential Multiple Family Dwelling-Highest Density)District. All of the developed lots are occupied by single family residences. At a Joint Public Hearing held November 28, 2005,the Planning Commission voted 6:0 to approve a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) to RS (Residential Single Family Dwelling) District or more restrictive district for the property at 7475 - 7655 Westhaven, 3840 - 4095 Cheryl, 4015 - 4090 Neumann, and 4015 - 4095 Blackwell. Councilmember Smith made a motion to ADOPT ORDINANCE 05-088 ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS,AS INDICATED UPON THE ZONING MAP OF BEAUMONT,TEXAS,BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H(RESIDENTIAL SINGLE FAMILY DWELLING)TO RS(RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR THE PROPERTY LOCATED AT 7475 -7655 WESTHAVEN, 3840- 4095 CHERYL, 4015 - 4090 NEUMANN AND 4015 - 4095 BLACKWELL, BEAUMONT, JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY;PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 2. Consider approving a request for a specific use permit to allow a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling- Highest Density) District at 7650 Park North - Ordinance 05-089 Administration recommended approval of a specific use permit to allow a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North. St. Giles Living Centers, Inc. is requesting a specific use permit to allow a vocational training center for persons with mental disabilities in an existing building at 7650 Park North. The property is the former location of Park North Baptist Church. St. Giles is under contract to purchase the subject property. At a Joint Public Hearing held November 28, 2005,the Planning Commission voted 6:0 to approve a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North. Councilmember Smith made a motion to ADOPT ORDINANCE 05-089 ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VOCATIONAL TRAINING Page 3 of 12 Minutes-December 13,2005 CENTER FOR PEOPLE WITH DISABILITIES IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7650 PARK NORTH IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 3. Consider approving a request for an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD(General Commercial-Multiple Family Dwelling)District at 950 Magnolia - Ordinance 05-090 Administration recommended approval of an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD(General Commercial-Multiple Family Dwelling)District at 950 Magnolia. Mickey Phelan, the property owner, would like to replace the existing fence with a chain link fence for the lawn irrigation company at 950 Magnolia. At a Joint Public Hearing held November 28, 2005,the Planning Commission voted 6:0 to approve an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD (General Commercial-Multiple Family Dwelling) District at 950 Magnolia. Mayor Pro Tern Samuel made a motion to ADOPT ORDINANCE 05-090 ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO MICKEY PHELAN,III TO ALLOW A SCREENING FENCE TO BE REPLACED WITH A CHAINLINK FENCE WITHOUT SCREENING SLATS ON PROPERTY LOCATED AT 950 MAGNOLIA. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 4. Consider approving a bid for the purchase of excess workers' compensation insurance - Resolution 05-258 On December 1, 2005, the City received proposals for specific excess workers' compensation insurance. The lowest bid that met our bid specifications was submitted by McGriff, Seibels & Williams of Texas, Inc. They submitted State National Insurance Company who has a Best Rating of A. This policy will become effective January 1, 2006 for one year with an option to renew two (2) additional Page 4 of 12 Minutes-December 13,2005 years at the same guaranteed rate. Based on the 2006 projected payroll of $55,122,500, the annual premium for the first year is a flat rate of $76,500. The estimated annual premium for the following two years will be based on a rate of.138 per $100 of payroll. State National Insurance Company will provide a preferable level of coverage with statutory limits. The City is self-insured for its workers' compensation program. The excess insurance coverage limits the City's liability for claims from anyone job-related injury or accident. The City's liability is called Self-Insured Retention (SIR). In other words, the insurance carrier will cover all costs incurred on any individual claim more than $500,000 up to any amount authorized by statute. Our current Policy is with State National Insurance Company and has been for two (2) years. The annual premium for the calender year of 2005 was $76,500. Approximately 1,220 full-time employees and 200 part-time, temporary and/or casual employees are covered by workers' compensation. Appropriation of funds for this expenditure are available in the Employee Benefits Fund. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-258 THAT THE BID IN THE AMOUNT OF$76,500 SUBMITTED BY MCGRIFF,SEIBELS&WILLIAMS OF TEXAS, INC. FOR EXCESS WORKERS' COMPENSATION INSURANCE, WITH AN OPTION TO RENEW TWO(2)ADDITIONAL YEARS AT THE SAME GUARANTEED RATE BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 5. Consider approving a resolution to write-off uncollectible delinquent accounts totaling $2,274,549.85 for which each individual account exceeds $1,000 - Resolution 05-259 Administration recommended approval of a resolution to write-off uncollectible delinquent accounts totaling $2,274,549.85 for which each individual account exceeds $1,000. This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off any individual account receivable identified as uncollectible when the balance due exceeds$1,000. All accounts included are priorto 2003 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Building Permits - $7,979.50 Write off request involves 3 businesses who had incurred charges for permits between 1998 and 2002. All of the businesses are closed and the City's collection agency has been unable to collect. Page 5 of 12 Minutes-December 13,2005 2. Demolition Charges - $480,687.71 The majority of these charges are for demolitions on commercially zoned property between 1999 and 2003. Collection agency attempts have been unsuccessful. 3. EMS Ambulance Charges - $1,085,011.07 These charges include uninsured claims or co-pay and deductibles that the customer should be responsible for. Original charge dates range from 1998 to 2003 and accounts have been with the collection agency for at least one year. 4. Landfill Usage Fees - $1,379.73 Includes one account from 1998 that is out of business. 5. Rental Rehabilitation Loans - $47,894.37 This charge involves one customer for loans made prior to 1994. The City's Housing division requested the account be written off as collection attempts have been unsuccessful. 6. Weed Abatement Charges - $651,597.47 Charges included are between 1998 and 2003 and have been with the City's collection agency for at least one year. These accounts are difficult to collect because of limited owner information. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. If at any time an account becomes collectible after having been written-off, the receivables of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-259 TO WRITE- OFF UNCOLLECTIBLE DELINQUENT ACCOUNTS TOTALING$2,274,549.85 FOR WHICH EACH INDIVIDUAL ACCOUNT EXCEEDS$1,000. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 6. Consider approving payment of an invoice for services performed subsequent to Hurricane Rita relating to sewer lift stations - Resolution 05-260 Administration recommended payment in the amount of $182,952 to Brystar Contracting, Inc. The City of Beaumont sewer treatment system contains 96 sewer lift stations to pump sewer waste to the Water Reclamation plant for treatment. Electrical outages resulting from the hurricane knocked all lift stations out of service immediately after the storm. The Water Utilities Department had sufficient generator capacity to resume full-time pumping of waste at approximately 40 of the most critical lift stations in the system. Additionally, Water Utilities personnel worked rotations Page 6 of 12 Minutes-December 13,2005 among another 38 lift stations via the Department's remaining portable generators, whereby personnel traveled by pickup to a lift station, connected a generator, pumped down the holding tank, then moved on to the next lift station to repeat the process. As citizens began to return to residential areas, the out of service lift station tanks began to fill with waste, and the shortage of available generators left no capability of pumping the waste through the system. The most significant risk with these lift stations was tank overflow, which could potentially result in raw sewage being introduced to the outside environment. Due to this risk, the Water Utilities Director contracted with Brystar to set up pump and generator sets to empty the tanks and bypass the lift stations at 18 sites throughout the city, mitigating the risk of sewer overflow until power could be restored and the stations brought back online. Brystar provided these service for varying periods (dependent upon when power could be restored to a particular lift station) between October 1, 2005 and October 11, 2005. Due to the nature of the damage, it is anticipated that the cost of these measures will be reimbursed by FEMA. Councilmember Smith made a motion to APPROVE RESOLUTION 05-260 THAT PAYMENT OF AN INVOICE IN THE AMOUNT OF $182,952 TO BRYSTAR CONTRACTING INC. FOR SERVICES PERFORMED SUBSEQUENT TO HURRICANE RITA BE PAID BY THE CITY OF BEAUMONT. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 7. Consider amending Section 13-16 of the Code of Ordinances relating to health fees (Birth and Death Certificates) - Ordinances 05-091 Administration recommended the adoption of the proposed amendment to the ordinance. The Texas Department of State Health Services has officially amended the Texas Administrative Code Title 25 Chapter 181 increasing the fees for search and issuance of birth and death certificates. The new fees became effective December 1, 2005. As required by Texas Health and Safety Code Chapter 191.0045 local registrars must charge the same fees as charged by the state office. Currently, the Beaumont Health Department charges $12.83 per copy for a birth certificate. This fee has increased to $22.00. The Health Department currently charges $9.00 for the first copy of a death certificate and $3.00 for each additional copy of the same certificate. This fee has increased to $20.00 for the initial certificate and $3.00 for each additional certificate ordered at the same time. Additionally, under Texas Health and Safety Code 191.004(h) local registrars may collect a fee not to exceed $1.00 for the preservation of vital records. This fee is collected by the local registrar upon issuance of a vital statistics record. This will increase the fee charged for birth certificates to $23.00 per certificate and the fee for the first death certificate to Page 7 of 12 Minutes-December 13,2005 $21.00 and $3.00 for each additional certificate. Birth and Death Certificates produced $197,906 in revenue in FY 2005. Councilmember Smith made a motion to ADOPT ORDINANCE 05-091 ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-16, OF THE CODE OF ORDINANCE BY BIRTH AND DEATH CERTIFICATE HEALTH FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;PROVIDING FORA PENALTY;AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tern Samuel seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 8. Consider approving a six(6)month contract for the purchase of asphaltic concrete- Resolution 05-261 Administration recommended award of a six(6)month contract to APAC-Texas, Inc. for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of $139,000. Bids were requested for a six (6) month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of streets, while hot laid asphaltic concrete is used for repairs to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will be used during the term of the contract. Five (5) vendors were notified with only APAC-Texas responding with a bid as reflected below. Specifications requested pricing for both plant pickup by City personnel and jobsite delivery by the vendor. The bidder met all product requirements specified, and has previously held the contract satisfactorily. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: $45.00 per ton for hot laid concrete - plant pickup, $49.25 per ton for jobsite delivery; and $49.00 per ton for cold laid concrete - plant pickup, $52.65 per ton jobsite delivery. The prior contract period prices were as follows: $36.00 per ton for hot laid concrete - plant pickup, $40.00 per ton for jobsite delivery; and $40.85 per ton for cold laid concrete - plant pickup, $44.50 per ton for jobsite delivery. Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Page 8 of 12 Minutes-December 13,2005 Councilmember Beaulieu made a motion to APPROVE RESOLUTION 05-261 THAT THE BID SUBMITTED BY APAC-TEXAS, INC. FOR A SIX (6) MONTH CONTRACT FOR ASPHALTIC CONCRETE AT THE UNIT COST IN THE AMOUNT OF$139,000 BE ACCEPTED BY THE CITY OF BEAUMONT. Councilmember Smith seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 9. Consider adopting an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase-Ordinance 05-092 Administration recommended approval of an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase. The Council adopted an Interim Order Ordinance on August 30, 2005 requiring CenterPoint Energy Entex(Entex)to inform the City when Entex would republish its public notice in satisfaction of state law and when Entex intended to update its stale test year data. Instead of complying with the Interim Order, Entex chose to appeal the order to the Railroad Commission. The Commission refused to docket CenterPoint's appeal as premature. Entex still has not caused public notice to be published that complies with the law or complies with the Interim Order adopted by the Council. In connection with its appeal, Entex did, however, update its test year data but has refused to answer any discovery regarding the updated test year data. Entex has also taken the position that it would not republish public notice as the law requires. As a precautionary measure, the City adopted a procedural resolution on October 18, 2005 indefinitely suspending the effective date of Entex' rate request and also allowed Entex another opportunity to cure its notice problem. The concern is that the failure to publish meaningful public notice may render any decision made by the City Council null and void. Entex was ordered by the City on more than one occasion to publish notice in a manner consistent with Texas Law. The Texas Utilities Code § 104.103 (c) (1) requires that Entex may not put its proposed rate increase into effect without proper notice to customers. On or about November 3, 2005, Entex implemented its proposed increase in base rates to customers inside the City limits of the City of Beaumont. The ordinance proposed would order Entex to cease and desist from charging the rate increase implemented on November 3, 2005 and to refund to customers any monies received from the implementation of the unlawful rate increase. It is recommended that the Council issue this cease and desist order to CenterPoint Energy Entex and require refunds to customers charged this illegal increase. Page 9 of 12 Minutes-December 13,2005 Cities are entitled to rate assistance and cost reimbursement of their reasonable rate case expenses for participating in or conducting a rate-making proceeding. We expect that, as in the past, the City of Beaumont will be reimbursed for any expense incurred in this manner. Mayor Pro Tern Samuel made a motion to ADOPT ORDINANCE 05-092 AN ORDINANCE WHICH SHALL CONSTITUTE AN ORDER BY THE CITY OF BEAUMONT, TEXAS ("CITY") TO REQUIRE CENTERPOINT ENERGY ENTEX("ENTEX")TO CEASE AND DESIST FROM CHARGING ILLEGAL AND UNLAWFUL RATES AND REQUIRING REFUNDS; TO REQUIRE THE FILING OF A REPORT WITH REGARD TO COSTS EXPENDED BY ENTEX IN CONNECTION WITH THE APPEAL OF ORDINANCE NO.05-068; MAKING FINDINGS WITH REGARD TO THIS ORDER;FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. Councilmember Patterson seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED 10. PUBLIC HEARING: Receive comments relating to reestablishing a juvenile curfew ordinance and review the effects of the curfew ordinance on the community Lt. Baird of the Beaumont Police Department spoke to Council regarding reestablishing the juvenile curfew Public Hearing Open 2:25 p.m. No Comments Closed 2:36 p.m. Consider reestablishing Chapter 9 of the Code of Ordinances relating to a juvenile curfew ordinance - Ordinance 05-093 Administration recommended reestablishment of a curfew ordinance for minors. In July of 1994, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995, Ordinance 95-37 was adopted which modified the curfew hours for minors. In July of 2001, the City Council reestablished the curfew for minors. Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for conducting public hearings on the need to continue the ordinance and provided for abolishing, continuing, or modifying the ordinance. Page 10 of 12 Minutes-December 13,2005 Ordinance 94-34 as modified by Ordinance 95-37 and Ordinance 01-056 has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the safety and well being of the city's youngest citizens (persons under the age of 17), fostering and strengthening parental responsibility for children, decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Reestablishment of the juvenile curfew ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. Mayor Pro Tern Samuel made a motion to ADOPT ORDINANCE 05-093 ENTITLED AN ORDINANCE REVIEWING AND READOPTING CHAPTER 9 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE;CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. Councilmember Beaulieu seconded the motion. AYES: MAYOR GOODSON, MAYOR PRO TEM SAMUEL, COUNCILMEMBERS SMITH, BEAULIEU AND PATTERSON NAYS: NONE MOTION PASSED COUNCILMEMBER COMMENTS COUNCILMEMBER PATTERSON - NONE MAYOR PRO TEM SAMUEL- COMPLIMENTED THE MAYOR ON THE GREAT REPRESENTATION FOR THE CITY OF BEAUMONT AT THE NATIONAL LEAGUE OF CITIES CONFERENCE IN CHARLOTTE, NC COUNCILMEMBER BEAULIEU- PROUD OF MAYORAND MAYOR PRO TEM FOR REPRESENTING BEAUMONT AT THE NATIONAL LEAGUE OF CITIES CONFERENCE IN CHARLOTTE, NC ALSO THANKED HEB FOR HELPING THOSE IN NEED COUNCILMEMBER SMITH - NONE CITY ATTORNEY COOPER- NONE CITY MANAGER HAYES - NONE Page 11 of 12 Minutes-December 13,2005 MAYOR GOODSON- DISCUSSED THE NATIONAL LEAGUE OF CITIES CONFERENCE HELD IN CHARLOTTE, NC; ALSO DISCUSSED THE PLANNING MEETING HELD AT THE JOHN GRAY INSTITUTE, ATTENDEDBY MAYOR PRO TEM SAMUEL Public Comments (Persons are limited to three minutes) Frank Keiffer 3190 Willowood Beaumont TX Spoke regarding $30 Million bond issue to pave and widen Concord Rd. rather than spending money downtown with no tax base Open session of meeting recessed at 2:45 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Claim of Perry Pete Brannon Steward v. City of Beaumont Glenn McNeel v. City of Beaumont The Matter of CenterPoint Energy Entex There being no action taken in Executive Session, Council adjourned. Audio tap a e avail a po request in the City Clerk's Office. Guy N. Goodson, Mayor 2n22 Rose Ann Jones, TRM City Clerk Page 12 of 12 Minutes-December 13,2005