HomeMy WebLinkAboutPACKET MAR 20 2007 low
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 20, 2007 1:30 P.M.
CONSENT AGENDA
Approval of minutes
' Confirmation of committee appointments
Carol Dixon would be reappointed to the Convention and Tourism Advisory Board. The current
term would commence March 20, 2007 and expire March 1, 2008. (Councilmember Bobbie J.
Patterson)
Bessie Chisum would be reappointed to the Community Development Advisory Committee. The
current term would commence March 20, 2007 and expire December 11, 2008. (Councilmember
Lulu Smith)
A) Authorize the settlement of the claim of Umeki Coleman ANF of Jonathan Coleman, a
Minor
B) Authorize the settlement of the claim of Camille Williams ANF of Sade Stevenson, a
Minor
C) Approve the purchase of a new voice communication system for Municipal Court and the
new 911 Dispatch Center
D) Approve the purchase of two (2)vehicles for the Southeast Texas Auto Theft Task Force
E) Approve Change Order No. 21 for the Julie Rogers Theatre renovation
F) Approve Change Order No. 22 for the Julie Rogers Theatre renovation
G) Approve an annual contract for the purchase of traffic marking materials
H) Approve a bid to construct a new shelter at Sprott Park
I) Approve the purchase of Self Contained Breathing Apparatus(SCBA) and air cylinders
for the Fire Department
J) Authorize the City Manager to execute a Lease Agreement for property located at 8155
Phelan Blvd. for operation of EMS Med Station No. 4
K) Approve a resolution accepting maintenance of water and sanitary sewer improvements in
Park North, Phase II
L;) Authorize the City Manager to renew the loan agreement with the National Museum of
the United States Air Force
A
11 ..7LJ17i City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 9, 2007
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Umeki Coleman ANF of Jonathan Coleman, a Minor.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Umeki Coleman ANF of
Jonathan Coleman, a Minor, in the amount of$10,000.
BACKGROUND
Council discussed this claim in an Executive Session held on March 6, 2007.
BUDGETARYIMPACT
There are sufficient funds in the General Liability Fund to pay the sum above. Recommended by City
Attorney.
RESOLUTION NO.
WHEREAS, the claim of Umeki Coleman A/N/F of Jonathan Coleman, a minor, has
been discussed in an Executive Session properly called and held Tuesday, March 6,2007;
and,
WHEREAS, the Council desires to authorize the settlement of the claim;
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 claim of Umeki
Coleman A/N/F of Jonathan Coleman, a minor, in the amount of Ten-Thousand ($10,000)
Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
B
7j-!7j-
City of Beaumo nt
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Matt Martin, Liability Administrator
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 9, 2007
REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of
Camille Williams ANF of Sade Stevenson, a Minor.
RECOMMENDATION
Council approval of a resolution authorizing the settlement of the claim of Camille Williams ANF
of Sa.de Stevenson, a Minor, in the amount of$8,000.
BACKGROUND
Council discussed this claim in an Executive Session held on March 6, 2007.
BUDGETARY IMPACT
There are sufficient funds in the General Liability Fund to pay the sum above. Recommended by City
Attorney.
RESOLUTION NO.
WHEREAS, the claim of Camille Williams A/N/F of Sade Stevenson, a minor, has
been discussed in an Executive Session properly called and held Tuesday, March 6, 2007;
and,
WHEREAS, the Council desires to authorize the settlement of the claim;
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 claim of Camille
Williams A/N/F of Sade Stevenson, a minor, in the amount of Eight-Thousand ($8,000)
Dollars.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
117LJ1J City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 13, 2007
REQUESTED ACTION: Council approval of the purchase of a new voice
communication system.
RECOMMENDATION
Administration recommends that the City Manager be authorized to execute a contract to purchase
a new voice communication system for Municipal Court and the 911 Dispatch Center.
BACKGROUND
In December 2004,the City purchased a new networked digital voice communication system for City
Hall, Police and Fire Departments and the Health Department. This system may be expanded to
remote sites as needed.
A.Toshiba PBX and phone system was installed in Municipal Court in 1999. This PBX is not capable
of supporting the increased number of lines that the new 911 Dispatch Center will require.
AT&T in conjunction will Nortel Networks has provided pricing to expand the current system at City
Hall to accommodate the new 911 Dispatch Center and Municipal Court. Their pricing is based on
the State of Texas Department of Information Resources (DIR) contract with AT&T. DIR is an
authorized state agency that provides contracted telecommunication service providers to government
entities.
The total cost for the new PBX and communication system including all hardware and software is
$46,280.3 5. Upon installation of the new system,the smaller Toshiba system currently in service at
Municipal Court will be installed in the Narcotics office on Washington Boulevard.
BUDGETARY IMPACT
Funding is available in the Capital Program.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a contract with AT&T
to purchase a new voice communication system in the amount of$46,280.35 for Municipal
Court and the 911 Dispatch Center.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
D
amr, City Council Agenda Item
6N6
• ` EL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider the purchase of two (2) vehicles for the
Southeast Texas Auto Theft Task Force.
RECOMMENDATION
Administration recommends authorization for the purchase of a 2007 Ford Expedition and a 2007
Ford F-150 Super Cab from Philpott Motors of Beaumont through the Houston-Galveston Area
Council (H-GAC) cooperative purchasing program for$43,792.97. The total cost includes a$600
H-GAC administration fee.
BACKGROUND
A.2007 Ford Expedition for$23,912.21 and a 2007 Ford F-150 Super Cab for$19,280.76 will be
purchased for use by the Southeast Texas Auto Theft Task Force (ATTF.) The F-150 Super Cab
replaces Unit 2892, a 1998 Dodge Ram Quad Cab which has exceeded its usable life. The 2007
Expedition replaces Unit 2523, a 2003 Ford Expedition, as part of the ATTF vehicle replacement
schedule.Both vehicles will be disposed of according to the City's surplus property disposal policies.
Proceeds from the sale of these vehicles will provide ATTF Program income.
Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The
warranty service is provided by the local authorized dealership. Delivery is expected in
approximately sixty(60)days.
BUDGETARYIMPACT
Funds in the amount of$43,792.97 are being provided by the Auto Theft Task Force Grant with no
matching funds required from the City.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a 2007 Ford Expedition and a
2007 Ford F-150 Super Cab for use by the Southeast Texas Auto Theft Task Force from
Philpott Motors of Nederland through the Houston-Galveston Area Council (H-GAC)
cooperative purchasing program in the amount of$43,792.97.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
E
City Council Agenda Item
� c
TO: City Council .
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 6, 2007
REQUESTED ACTION: Council approval of Change Order No.21 for the Julie Rogers
Theatre renovation.
RECOMMENDATION
Approval of Change Order No.21 for furnishing and installing new door hardware at the Julie Rogers
Theatre in the amount of$38,778.60 to Bruce's General Construction.
BACKGROUND
Auditorium entry doors were not scheduled for replacement in the original contract. Over the years
as,the foundation settled, the doors became misaligned. Some of the doors had to be replaced due
to continued modifications to correct alignment. The remaining doors can be rehung but the
hardware, including door closures, hinges, pulls, pushes and kickplates on all doors is tarnished and
rusted.
Change Order No. 21 in the amount of$38,778.60 includes furnishing and installing new hardware
on secondary front entry doors and auditorium entrance doors on the 1'and 2'floors.
Base Bid $1,845,000.00 Percentage Change
Change Order No. 1-20 $318,089.11
Change Order No. 21 $ 38,778.60 2%
Total to Date $2,201,867.71 19.3%
BUDGETARY IMPACT
Funding is available in the Capital Program.
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 21
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: March 7, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont, TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. New hardware on all doors as per drawing by Greg Wall. ADD $28,507.00
2. Labor to install new hardware. ADD $7,950.00
3. (6) New Stainless corner guards on elevator openings. ADD $300.00
4. Labor to install new comer guards ADD $175.00
5. Contractors Overhead and Profit @ 5% ADD $1,846.60
TOTAL $38,778.60
*"See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders..................................................................................$318,089.11
The Contract Sum prior to this Change Order was......................................... $2,163,089.11
...........................................
The Contract sum will be increased by this Change Order in the amount of ................................................$38,778.60
The new Contract Sum including this Change Order will be.....................................................................$2,201,867.71
The Contract Time will be increased by zero(00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23,2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys Avenue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, x 77706 Beaumon xas 77707 Beaumont, Texas 77704
By: By. y.
Date: _ :94-07 Date: 3—Q .0-7 Date:
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* 16306
'4�OF
RESOLUTION NO.
WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-229 awarding a contract in the amount of$1,845,000 to Bruce's
General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and
equipment to renovate the interior of the Julie Rogers Theatre; and,
WHEREAS, Change Order No. 1 was executed on November 2, 2006 for plumbing
repairs in the amount of$5,331.75 thereby increasing the contract to$1,850,331.75; and,
WHEREAS,the City Council of the City of Beaumont,Texas, passed Resolution No.
06-366 on December 5, 2006 approving Change Order No.2 in the amount of$65,380.01
increasing the contract amount to$1,915,711.76 forthe installation of a concrete ramp and
handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and
installation of rubber flooring in concession areas and elevator; and,
WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on
December 12, 2006 for additional paint prep work on auditorium ceiling beams due to
water damage; and,
WHEREAS, Change orders Nos. 4, 5 and 6 were required as shown below:
Change Order No.4 submitted December 12, 2006 in an amount of$17,139.07
includes:
1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control
room, 2"d floor concession area, and 1 st floor meeting room. These areas were
omitted in the original plans and specifications. After construction began and
these areas were opened, damaged ceiling tiles and rusted grids were
discovered.
2) Installation of drywall in restrooms to accommodate raised floor. Drywall had
to be raised to accommodate raised floor in restrooms.
3) Add an overlay of sheetrock to paneled rooms previously scheduled for
repainting in the 2"d floor offices. The existing paneled walls were scheduled
to be painted but upon closer inspection, damage to the 30 year old paneling
was noted, thus the decision was made to overlay the paneling with sheetrock.
4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The
original plans called for recessed lighting with plaster ceilings. Since these are
office and dressing room corridors that will not be open to the public, it was
decided to lower the ceiling and install acoustical tiles.
5) Replacement of rusted metal studs found in restroom walls, janitor closets and
other interior room walls. The studs were rusted from water leaks not known
until existing walls were removed.
Change Order No.5 submitted December 13, 2006 in an amount of$38,396.45
includes:
1) Leveling of restroom floors. After demolition of existing restrooms, it was
discovered that the floors were not level due to the settling of the foundation on
the north and south sides of the building. The floors need to be raised 2 '/2 to
3 '/2 inches to accommodate the installation of new restroom facilities and
flooring. After consulting with a structural engineer, it was determined that the
floors could be leveled by using concrete and a leveling compound. In addition,
all plumbing stub outs and drains must be raised to accommodate the new floor.
2) Additional stencil work by Conrad Schmitt in the west auditorium entrances.
Conrad Schmitt's original bid included lobby and hallway stencils. It was
decided to continue the same pattern in auditorium vestibules. The cost for this
additional artistic stenciling is $2,278.50.
3) Plumbing repairs. These include replacing air conditioning drains, storm drains
and miscellaneous plumbing repairs.
Change Order No. 6 submitted December 21, 2006 in an amount of$71,896.82
includes:
• New and revised lighting. The original specifications for lighting were based on
a decorating scheme designed by LaBiche Architectural Group. The award of
the construction bid included an alternate bid item using the artistic design work
by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors.
The design scheme includes beautiful floral patterns in soft pastels, stenciled
and hand painted on wall panels and hand-painted ceiling murals. The lighting
fixtures originally specified are not appropriate for the new design concept.
Included in this change order are new chandeliers for the north and south
lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the
existing chandeliers. New chandeliers were selected after it was discovered that
the existing chandeliers had damage beyond repair. The price for the four
chandeliers including four mechanical lowering devices, new wiring and wall
controls, and installation is$55,060. In addition, new chandeliers not scheduled
for replacement in the original bid were selected for the Green Room, the Ticket
Lobby and corridors. Most of the cost was offset by the deletion of numerous
fixtures originally specified that did not compliment the architectural integrity of
the building.
Change Order Nos. 4, 5 and 6 in the total amount of$127,432.29 increased the
contract amount to $2,053,123.25; and,
WHEREAS, Change Order Nos. 7, 8 and 9 were required as shown below:
New Contract
Executed Reason Amount Amount
No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78
No. 8 1/23/07 Drywall, insulation, cleanup and
debris removal, misc. a/c changes $6,444,82 $2,064,931.42
No. 9 1/23/07 Sheetrock for 14 doorways, tape,
float and paint, new base trim $3,606.75 $2,068,538.17
and,
WHEREAS, Change Order Nos. 10 through 15 were required as shown below:
Change Order No. 10 in an amount of$24,733.91 includes:
• Material and labor to modify auditorium floor to accommodate new seating
layout. Electrical and communication lines to be relocated in this area. Paint
both the auditorium and balcony concrete floors.
Change Order No. 11 in an amount of$5,092.50 includes:
• New laminate countertops and new cabinet doors in second floor concession
area.
Change Order No. 12 in amount of$9,284.10 includes:
• Miscellaneous repairs in various rooms and corridors.
Change Order No. 13 in an amount of$11,369.17 includes:
1) New carpet to be installed in the performer's dressing rooms,which includes one
on the 1st level and three on the 2nd level;
2) A brick paved floor similar to the southeast entrance lobby floor;
3) Installation of an automatic door, new glass and glazing of the sidelites and
transom and electrical connections.
Change Order Nos. 14 and 15 in an amount of$6,273.75 include:
• Remodel the wall inset to mount ADA drinking fountains and additional painting.
Paint the Rose Room and Chorus Dressing Rooms; and,
WHEREAS, Change Order Nos. 16 through 18 were required as shown below:
Change Order No. 16 in an amount of ($16,366.65) includes:
1) Renovations to the Southeast entrance including new aluminum ceiling grid
and tiles, painting of exterior porch soffits, walls and doors and new light
fixtures.
2) Construction of an enclosed glass cabinet to conceal the counter in Room 116
and miscellaneous electrical changes for security system and light fixtures.
3) Construction of a closet to conceal the main terminal switch for phone and
computers in 2nd floor offices.
4) Furnish and install new paper towel dispensers in restrooms.
5) 2nd Floor concession area will be equipped with one beverage dispenser.
This requires the installation of an ice bin and modification to the sink and
countertop.
6) Ticket Office - The original counter in the Ticket office was scheduled to
remain as it was constructed in 1982. It was not ADA compliant nor is it a
convenient and efficient workspace for staff. New cabinets will be designed
to accommodate computerized ticket processing equipment and additional
staff during crowded sales events.
7) Restroom Partitions- In the original design, the restroom partitions were to be
constructed of "Silestone", a natural quartz product. This material, usually
used for countertops, is heavy and not practical for restroom partition walls
and doors. This material was deleted and substituted with a lighter weight
laminate product resulting in a substantial credit of$42,352.00 to the cost of
the project.
Change Order No. 17 in an amount of$15,064.00 includes:
1) Addition of two new circuits in the north and south corridors for lighting. Two
fixtures will be on separate circuits so as to not overload the main generator
backup circuit used in case of an emergency. This change was made at the
recommendation of the electrical engineer for this project.
2) Auditorium return air system was installed incorrectly during the 1982
renovation. Part of the system was not connected to the air conditioning unit
and electrical conduit was installed incorrectly. According to our Building
Services Manager, there had been unresolved problems with the air
conditioning unit but until the ceiling was opened during the remediation, the
cause of the problem was not known. This cost includes building a new 20 ft.
extension and removing existing grid and plaster.
3) Lamps in the auditorium ceiling are difficult to change because of limited
access. All light bulbs were replaced while scaffolding was in place.
Change Order No. 18 in the amount of$1,487.06 includes:
• Electrical upgrades to allow for control of the 2"d floor corridor lighting from the
control room. Allows staff to remotely flash lights to signify end of intermission;
and,
WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on
February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including
jambs, & installation of new doors and frames; and,
WHEREAS, Change Order No. 20 was required to install new front entry doors in
the amount of $29,925 thereby increasing the contract to $2,163,089.11; and,
WHEREAS, Change Order No. 21 is required to furnish and install new hardware
on secondary front entry doors and auditorium entrance doors on the first and second floors
in the amount of$38,778.60 thereby increasing the contract to $2,201,867.71;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
That the City Manager be and he is hereby authorized to execute Change Order
No.21 in the amount of $38,778.60 thereby increasing the contract to $2,201,867.71.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 6, 2007
REQUESTED ACTION: Council approval of Change Order No. 22 for the Julie
Rogers Theatre renovation.
RECOMMENDATION
Approval of Change Order No. 22 for refurbishing the auditorium floor at the Julie Rogers Theatre
in the amount of$28,184.89 to Bruce's General Construction.
BACKGROUND
The new auditorium seating must be installed to meet current building codes. To meet current
building codes,the width between each row had to be expanded. As a result,the auditorium floor's
power source must be moved to accommodate the new seating layout.
Current power source outlets will be removed and concrete poured to fill the space. New
installations will be accomplished by saw cuts in the floor and relocating existing electrical
components. To minimize dust and debris from concrete demolition,saw cutting the concrete floor
was recommended.
Base Bid $1,845,000.00 Percentage Change
Change Order No. 1-21 $356,867.71
Change Order No. 22 $ 28,184.89 1.5%
Total to Date $2,230,052.60 20.8%
BUDGETARY IMPACT
Funds for this change order will be provided by the City's insurance carrier.
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 22
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: March 7, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont, TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract'is changed as follows:
1. Saw cut concrete to allow for new electrical locations(using hydraulic wall saw). ADD $11,200.00
2. Water control,cleanup and protection for saw cut. ADD $1,500.00
3. Relocate electrical. ADD $7,104.48
4. Make ready and hook up balcony seat lighting ADD $2,095.50
5. Pour back concrete. ADD $3,200.00
6. Install 12 new light fixtures in rooms 116 and 107 as per attached quote and ADD $1,388.75
model Vs.
7. Install new Q fixture in rear stairway in place of ST fixture. ADD $229.02
8. Drywall repair after fixture is installed. ADD $125.00
9. Contractors Overhead and Profit @ 5% ADD $1,342.14
TOTAL $28,184.89
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
The original Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders..................................................................................$356,867.71
The Contract Sum prior to this Change Order was....................................................................................$2,201,867.71
The Contract sum will be increased by this Change Order in the amount of ................................................$28,184.89
The new Contract Sum including this Change Order will be.....................................................................$2,230,052.60
The Contract Time will be increased by zero(00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23,2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys ve ue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, x 77706 Beaumont, Texas 77707 Beaumont, Texas 77704
By: By: =T By:
Date: Date: �'' -�� Date:
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* 16308
T OF
RESOLUTION NO.
WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-229 awarding a contract in the amount of$1,845,000 to Bruce's
General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and
equipment to renovate the interior of the Julie Rogers Theatre; and,
WHEREAS, Change Order No. 1 was executed on November 2, 2006 for plumbing
repairs in the amount of$5,331.75 thereby increasing the contract to $1,850,331.75; and,
WHEREAS,the City Council of the City of Beaumont, Texas, passed Resolution No.
06-366 on December 5, 2006 approving Change Order No. 2 in the amount of$65,380.01
increasing the contract amount to$1,915,711.76 for the installation of a concrete ramp and
handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and
installation of rubber flooring in concession areas and elevator; and,
WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on
December 12, 2006 for additional paint prep work on auditorium ceiling beams due to water
damage; and,
WHEREAS, Change orders Nos. 4, 5 and 6 were required as shown below:
Change Order No. 4 submitted December 12, 2006 in an amount of$17,139.07
includes:
1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control
room, 2"d floor concession area, and 1 s'floor meeting room. These areas were
omitted in the original plans and specifications. After construction began and
these areas were opened, damaged ceiling tiles and rusted grids were
discovered.
2) Installation of drywall in restrooms to accommodate raised floor. Drywall had to
be raised to accommodate raised floor in restrooms.
3) Add an overlay of sheetrock to paneled rooms previously scheduled for
repainting in the 2nd floor offices. The existing paneled walls were scheduled to
be painted but upon closer inspection, damage to the 30 year old paneling was
noted, thus the decision was made to overlay the paneling with sheetrock.
4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The
original plans called for recessed lighting with plaster ceilings. Since these are
office and dressing room corridors that will not be open to the public, it was
decided to lower the ceiling and install acoustical tiles.
5) Replacement of rusted metal studs found in restroom walls, janitor closets and
other interior room walls. The studs were rusted from water leaks not known until
existing walls were removed.
Change Order No. 5 submitted December 13, 2006 in an amount of$38,396.45
includes:
1) Leveling of restroom floors. After demolition of existing restrooms, it was
discovered that the floors were not level due to the settling of the foundation on
the north and south sides of the building. The floors need to be raised 2 '/2 to 3
'/2 inches to accommodate the installation of new restroom facilities and flooring.
After consulting with a structural engineer, it was determined that the floors could
be leveled by using concrete and a leveling compound. In addition, all plumbing
stub outs and drains must be raised to accommodate the new floor.
2) Additional stencil work by Conrad Schmitt in the west auditorium entrances.
Conrad Schmitt's original bid included lobby and hallway stencils. It was decided
to continue the same pattern in auditorium vestibules. The cost for this additional
artistic stenciling is $2,278.50.
3) Plumbing repairs. These include replacing air conditioning drains, storm drains
and miscellaneous plumbing repairs.
Change Order No. 6 submitted December 21, 2006 in an amount of$71,896.82
includes:
• New and revised lighting. The original specifications for lighting were based on
a decorating scheme designed by LaBiche Architectural Group. The award of the
construction bid included an alternate bid item using the artistic design work by
Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors.
The design scheme includes beautiful floral patterns in soft pastels,stenciled and
hand painted on wall panels and hand-painted ceiling murals.The lighting fixtures
originally specified are not appropriate for the new design concept. Included in
this change order are new chandeliers for the north and south lobbies. The
contractor allowed $10,715 in his bid for cleaning and repairing the existing
chandeliers. New chandeliers were selected after it was discovered that the
existing chandeliers had damage beyond repair. The price for the four
chandeliers including four mechanical lowering devices, new wiring and wall
controls, and installation is$55,060. In addition, new chandeliers not scheduled
for replacement in the original bid were selected for the Green Room, the Ticket
Lobby and corridors. Most of the cost was offset by the deletion of numerous
fixtures originally specified that did not compliment the architectural integrity of
the building.
Change Order Nos. 4, 5 and 6 in the total amount of $127,432.29 increased the
contract amount to $2,053,123.25; and,
WHEREAS, Change Order Nos. 7, 8 and 9 were required as shown below:
New Contract
Executed Reason Amount Amount
No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78
No. 8 1/23/07 Drywall, insulation, cleanup and
debris removal, misc. a/c changes $6,444,82 $2,064,931.42
No. 9 1/23/07 Sheetrock for 14 doorways, tape,
float and paint, new base trim $3,606.75 $2,068,538.17
and,
WHEREAS, Change Order Nos. 10 through 15 were required as shown below:
Change Order No. 10 in an amount of$24,733.91 includes:
• Material and labor to modify auditorium floor to accommodate new seating layout.
Electrical and communication lines to be relocated in this area. Paint both the
auditorium and balcony concrete floors.
Change Order No. 11 in an amount of$5,092.50 includes:
• New laminate countertops and new cabinet doors in second floor concession
area.
Change Order No. 12 in amount of$9,284.10 includes:
• Miscellaneous repairs in various rooms and corridors.
Change Order No. 13 in an amount of$11,369.17 includes:
1) New carpet to be installed in the performer's dressing rooms, which includes one
on the 1st level and three on the 2nd level;
2) A brick paved floor similar to the southeast entrance lobby floor;
3) Installation of an automatic door, new glass and glazing of the sidelites and
transom and electrical connections.
Change Order Nos. 14 and 15 in an amount of$6,273.75 include:
• Remodel the wall inset to mount ADA drinking fountains and additional painting.
Paint the Rose Room and Chorus Dressing Rooms; and,
WHEREAS, Change Order Nos. 16 through 18 were required as shown below:
Change Order No. 16 in an amount of($16,366.65) includes:
1) Renovations to the Southeast entrance including new aluminum ceiling grid and
tiles, painting of exterior porch soffits, walls and doors and new light fixtures.
2) Construction of an enclosed glass cabinet to conceal the counter in Room 116
and miscellaneous electrical changes for security system and light fixtures.
3) Construction of a closet to conceal the main terminal switch for phone and
computers in 2nd floor offices.
4) Furnish and install new paper towel dispensers in restrooms.
5) 2nd Floor concession area will be equipped with one beverage dispenser. This
requires the installation of an ice bin and modification to the sink and
countertop.
6) Ticket Office-The original counter in the Ticket office was scheduled to remain
as it was constructed in 1982. It was not ADA compliant nor is it a convenient
and efficient workspace for staff. New cabinets will be designed to
accommodate computerized ticket processing equipment and additional staff
during crowded sales events.
7) Restroom Partitions - In the original design, the restroom partitions were to be
constructed of"Silestone", a natural quartz product. This material, usually used
for countertops, is heavy and not practical for restroom partition walls and
doors. This material was deleted and substituted with a lighter weight laminate
product resulting in a substantial credit of$42,352.00 to the cost of the project.
Change Order No. 17 in an amount of$15,064.00 includes:
1) Addition of two new circuits in the north and south corridors for lighting. Two
fixtures will be on separate circuits so as to not overload the main generator
backup circuit used in case of an emergency. This change was made at the
recommendation of the electrical engineer for this project.
2) Auditorium return air system was installed incorrectly during the 1982
renovation. Part of the system was not connected to the air conditioning unit
and electrical conduit was installed incorrectly. According to our Building
Services Manager, there had been unresolved problems with the air
conditioning unit but until the ceiling was opened during the remediation, the
cause of the problem was not known. This cost includes building a new 20 ft.
extension and removing existing grid and plaster.
3) Lamps in the auditorium ceiling are difficult to change because of limited
access. All light bulbs were replaced while scaffolding was in place.
Change Order No. 18 in the amount of$1,487.06 includes:
• Electrical upgrades to allow for control of the 2nd floor corridor lighting from the
control room. Allows staff to remotely flash lights to signify end of intermission;
and,
WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on
February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including
jambs, & installation of new doors and frames; and,
WHEREAS, Change Order No. 20 was required to install new front entry doors in
the amount of$29,925 thereby increasing the contract to $2,163,089.11.; and,
WHEREAS, Change Order No.21 was required to furnish and install new hardware
on secondary front entry doors and auditorium entrance doors on the first and second floors
in the amount of $38,778.60 thereby increasing the contract to $2,201,867.71; and,
WHEREAS, Change Order No. 22 is required to refurbish the auditorium floor in the
amount of$28,184.89 thereby increasing the contract amount to $2,230,052.60.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
That the City Manager be and he is hereby authorized to execute Change Order
No.22 in the amount of$28,184.89 thereby increasing the contract to $2,230,052.60.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
G
70j-:j City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider annual contracts for the purchase of traffic
marking materials.
RECOMMENDATION
Administration recommends the award of annual contracts to purchase traffic marking materials for
the unit prices as stated in the attached bid tabulations from Trantex,Inc. of Houston,Texas in the
annual estimated amount of$29,635 and from Vulcan Signs of Foley, Alabama in the annual
estimated amount of$37,467.
BACKGROUND
Sealed bids were received for annual contracts to purchase a variety of traffic marking materials on
an as needed basis by the Public Works Department,Transportation Division. These materials will
be used in the maintenance and installation of traffic directional marking devices.
The specifications divide products into groups of similar items, such as vinyl reflective sheeting,
ceramic raised markers,pavement marking paint,sign posts,and sign blanks.Specifications indicate
that all sections of similar products are awarded to the lowest overall bidder per section while a
Miscellaneous section is awarded to the lowest qualified bidder per item.
Trantex Inc. of Houston submitted the lowest qualified bid for traffic paint and epoxy adhesive in
the Miscellaneous section resulting in an annual estimated contract award total of$29,635.Vulcan
Signs submitted the lowest qualified bid for galvanized sign posts in the Miscellaneous section as
well as the lowest overall qualified bid for the Signs and Sign Blank sections resulting in a combined
annual estimated contract of$37,467. See attached tabulation for further details and unit prices.
BUDGETARYIMPACT
Funds are available for these expenditures in the Public Works Transportation Division's operating
budget.
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,MARCH 1,2007 2 PM
BID NUMBER: TF0207-32
PAGE 1
M S ELLANEOUS SECTION Trantex,Inc. Ennis Paint,Inc. Pathmark Traffic Traffic Supply Roadrunner Traffic Supply
_Houston,TX Ennis,TX San Marcos,TX Eagle Lake,T X Fort Worth,ii
-- --- _
DESCRIPTION gT10N Unit -- 878 00 $8.29*' $9 119100- $9.58 - $1 538.00 $9.61 $10,57 0 $On49 ±$11 539.00 1
Qty --
1100 Yellow traffic paint,55 al $8.98 $9,
1100 White traffic paint,55 gal x_$8.72 $9,592.00 $8.17** $8,987.00 $9.58 $10,538.00 $9.56 $10,516.00 $10.40 $11,440.00
300 White Aexcel Gorilla Paint,5 gal $14.45 $4,335.00 -�- $0.00 + $14.89 r $4,467.00 $0.00_ $17.50 $5,250.00
i 200 Yellow Aexcel Gorilla Paint,5 gal j $15.50 $3,100.00_ $0.00 1 $15.74_ $3,148.00 _ _$0.00 $18.60_ $3,720.00 'I
x$2,730.00 $0.00 $58.50 $2,925.00 $57.50 $2_,875.0__0_ _$69.25 $3,462.50
750 2-3/8"OD x 13'sin osts $26.50 $19,875.00 $25.30 $18,975.00 fi $26.20 +$19,650.00
- - -9 P -- { - ---- ------ - - --
50 Part A&Part epoxy adhesive, al kit __
TOTAL SECTION: $49,510.00 _ $18,106_00 - $31,616A0 $23,962.00 _$55,061.50
**1000 gal minimum order
only-does not meet
specifications
I
MISCELLANEOUS SECTION Centerline Supply Custom Products Vulcan Signs
_Grand Prairie,TX Jackson,MS Foley,AL
Qty DESCRIPTION _ -- Unit Total Unit T Total Unit _ Total
1100 Yellow traffic paint,55 gal $0.00 $11.92 $13,112.00 $0.00
1100 White traffic paint,55 gal $0.00 $11.74 $12,914.00 $0.00
x300 White Aexcel Gorilla Paint,5 gal $19.95 $5,985.00 $18.80 $5,640.00 $0.00
200 Yellow Aexcel Gorilla Paint,5 gal $19.95 $3,990.00 $19.15 $3,830.00 $0.00
50 Part A&Part B epoxy adhesive,2 gal kit $72.00 $3,600.00 $92.86 $4,643.00 $0.00
- - - 842.50 r 750 2-3/8"OD x 13'sign posts $20.95 $15,712.50 $19.79 $14,
a... . -- -
�TOTAL-SECTION: _ $29,287.50 L $40,139.00 $14,842.50
TOTAL ITEMS TO TRANTEX INC: $29,635.00
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,MARCH 1, 2007 2 PM
BID NUMBER: TF0207-32
PAGE 2
I N Vulcan Signs Hall Signs, Inc. Custom Products Corp i Roadrunner i Pathmark Traffic
_ y,AL Bloomington,IN Jackson_,MS Ft Worth,TX San Marcos,TX
60y �24"X 48"anodized aluminum sign blank U n92Fol 8 --_- Unit -Total - -Unit _I Total -_ Unit- � Total_- Unit ,-Total
____ ____ �9 t $ 96 00 $21.17 $1,058.50 $19.66 $983.00 $21.80 $1,090.00 $22.99 $1,149.50
- - - - - -
100 _6"_X_36"anodized aluminum sign blank $3.68 -� $368.00 $4.00 $400.0 $4.20 $420.00 $4.27 $427.00 i $4.84 $484.00
100 .18 X 18"anodized aluminum sin blank $5.19 $519.00 $6.04 $604.00 $5.57 $557.00 $6.18 $618.00 _ $7.29 $729.0
200 24'X 24"anodized aluminum sign blank $8.84 $1,768.00 $10.56 $2,112.00 $9.89 $1,978.00 $10.97 $2,194.00 ! _$10.99 $2,198.00
10 30 X30"anodized aluminum sign blank $13.71 $1,371.00 $16.46 $1,646.00 $15.36 $1,536.00 $17.04 $1,704.00 $17.62 $1,762.00
- -
50 16 X 48"anodized aluminum sign blank- $12.15 $_607.50 $14.21 - --
_�_ _ - _ - $710.50 _$13.64 $682.00 $14.59 $729.50 $19.99 $999.50
150 24"X30"anodized aluminum sign blank + ;11.01 $1,651.50 $13.12 _ $1,968.00 $12.29 $1,843.50 $13 63 �I $2,044.50 $13.99 $i 2,098.50
300 6"X 24"anodized aluminum sign blank $2.56 $768.00 $2.67 $801.00 $2.99 $897.00 $2.92 $876.00 $3.33 $999.00
T _ g $463.50 $3.33 $499.50 -$3.65 -�' $547.50 $3.65 $547.50 _ $4.25_ $637.50_
t-- - -- --
50 6"X 12.'anodized aluminum sign blank $1.59 $39.75 $1.39 $34.75 $1.95 $48.75 $1.48 $37 00 t $2.43 $60.75
- 100 6 X 18 anodized aluminum sign blank $1.99 $199.0 - $2.03 $203.0 $2.40$240.00 $2.26 $226.00 $2.84_ $284.00
100 fII 18'X 24"anodized aluminum sign blank $6.68 $668.00 $7.96 $796.0 $7.42 $742.00 $8.22 $822.00 $8.69 $869.00
IOU :12"X 18"anodized 25 I30"anodized aluminum sign blank blank , $7.14 $339.00 - $4.02 $4 0 $3.7 $378.008 $418.00 $4.52 $452.00
Fr9 p g -t $ $178.50 - $8.03- -$ $8.21 $205.25 _ $9 09 - $227.25 $9.24_I+ $231.00
50 t30"X 30"anodized al sign blank enta on 14 $12.97 �- $648.50 $14.62 $731.00 $14.16 $708.00 $15.71 $785650 { $15.11 r $755.50
-- - -
25 12"X 48"anodized aluminum sign blank �_ $9.15 $228.75 $_10.66 $266.50 $10.28 $257.00 $11.35 $283.75 r r
75 9'X 12"anodized aluminum sign blank $14.28 $357.00
_ _ 9 - $204.15 $15.99 $239.85 $15.36 $230.40 $16.36 $245.40 $24.99 $374.85
_ _ g $2.13 -- -- - ----- -
15 18 X 48"anodized aluminum si n blank ;13.61
_.$159.75 $2.06 -; $154.50 $2.15 $161.255 $2.23 $11 67.25 $2.89 $216.75
0 2;X 30"anodized aluminum sign blank r $5.79 $86.85 $6.66- $99.90 $6.43 $96.45 -- $6.86 $102.90 $7.90 $118.50
36 anodized aluminum sign blank $6.91 $691.00 $_7.88 $788.00 $7.71 $771.00 $8.22 $822.0 $8.83 $883.00
r -i - - --- - --- - --
36"X 36"square anodized al sign blank �-
r - $415.75 $19.66 $491.50 $18.43 $460.75 $20.44 $511.00 $21.99 $549.75
25 36"X 36"anodized aluminum ig n blank $20.00 $1,00.00 $23.51 $1,175.50 $23.04 $1,152.0 $24.53 $1,226.50 $25.72 $1,286.00
- � _
- - - --
30"octagon anodized aluminum
sign blank $12 87
100 � _ g _ g - -- -,- $1,287A0 $14.81 $1,481.00 $14.16 � 1 416.00. +--$15.71 _ $1,571.00 j _$1.6.90 $1,690.00
$33.51 $646.50
X50 48 X36'anodized aluminum sign blank $26.98 $1,349.00 $31.40 $1,570.00 $30.60 $1,530.00 $32.58 $1,629.00 I $33.51 $1,675.50
-- - l -- . 0
-50 +36 anodized alumiumum sign blank triangl $9.97 $498.50 $11.43 1 $571.50 $11.80 $590.00 $13.07 $653 50 j -
- t
- -- �I
50 24"anodized octagon aluminum sign blank_ $8.39 $419.50 $9.51 $475.50 $9.16 $458.00 $10.00 $500.00 $10.37 $518.50
----- _ _
-- -�----
TOTALS
$22,025.60
_ SIGN BLANK SECTION__ $16,825 50 8491 0 75 $18 888.85 $20,458.55�-
BID TABULATION: ANNUAL CONTRACT FOR TRAFFIC MARKING MATERIALS
BID OPENING DATE: THURSDAY,MARCH 1,2007 2 PM
BID NUMBER: TF0207-32
PAGE 3
SIG SECTION Vulcan Signs Hall Signs,Inc. Custom Products T Roadrunner Pathmark Traffic Produ s Signs&Blanks
j Foley,AL Bloomington,IN Jackson,MS Ft Worth,TX San Marcos,TX Akron,OH_
Qty Ir _ gSCRi9TfON- - Unit Total Unit_+ Total Uri-_Total Unit Total -- Unit Total Unit I Total-
50 16"x 48"en grade sign faces GdWh E6.53 $326.50 $6 51 $325.50 $7 55 $377.50 $7.21 $360.50 $9.41 $470.50 $6.40 $320.00
_100 ttt 12"x 36"one way R-6-1
left X87.00 $3.44 $ . { $3.10 $310.00 $4.67 $467.00 -----$3.60 $360.00
100 12"x 36"one-way R-6-1 right .79 $279.00 $2.87 $287.00 $3.44 �
$3.10 $310.00 $4.67 1 $467.00 $3.60 $380.00
50 30"x 30"stop sign faces R1-1(HI) $11.41 $570.50 $14.15 $707.50 $12.54 $827.00 $12.58 $629.00 $13.99 1 $699.50 $1375 $687.50
50 30"x 30"R5-1 DO NOT ENTER $5.81 $290.50 $5.34 $267.00 $6.92 $346.00 $6.41 $320.50 $12.86 1 $643.00 $7.50 $375.00
- --I ----- �---------- ---- -�--- -- _, $
25 6"x 18"R-1-4 ALL WAY _ $1.10 $27.50 $0.92 $23.00 $1.68 $42.00 $1 22 $30.50 $2.32 $58.00 $0.90
50 36"x 36"W-3-3A signal ahead $9.95 $497.50 $9.22 $461.00 $13.64 $682.00 $10.98 $549.00 $18.71 1 $935.50 $22.50 $1,125.00
50 36"x 36"W-3-1a stop ahead _ $9.95 $497.50 $9.22 $461.00 $13.64 $682.00 $10.98 $549.00 $18.71 $935.50 $22.50 t $1,125.00
50 - 36 R1-2 Yield faces $3.92 $196.00 $4.09 $204.50 1 $4.87 $243.50 $4.33 $216.50 $5.81 $290.50 $10.80 $540.00
50 36 S1-1 School advance _ $8.37 $418.50 $7.84 $392.00 1 $9.69 $484.50 $9.23 $461.50 $18.29 j $914.50 $10.80 $540.00
50 38 S2-1 School x-ing $8.37 $418.50 $7.84 $392.00 $9.69 $484.50 $9.23 $461.50 $18.29 $914.50 $10.80 $540.00
50 36"x 36"W11-2 ped.advance $8.37 $418.50 $7.84 $392.00 $9.69 $484.50 $9.23 $461.50 $18.29 1 $914.50 $10.80 $540.00
50 86"x 3&'W1 1 A-2 ped.crossing -- $8.37 L $418.50 - -$7.84 -- -$392.00 -$9.69 --11--$484.50 $9.23 _$461.50 $18.29 - $914.50 $10.80
$540.00
100 24"x 24"R5-2 no trucks $4 -
.29 $429.00 $3.91 $391.00 $5.32 $532.00 $4.74 $474.00 $8.33 $833.00 $4.80 $480.00
100 24"stop sign faces MR1-1(HI) $7.32 $732.00 $9.26 $926.00 $8.22 rt $822.00 _$8.08 $808.00 $10.48 $1,046.00 $8.80 $880.00
- TOTAL SIGNS SECTION: $5,798.00 _i $5,908.50 i $6,880.00 i _i_$6,403.00 - $10,503_50 .$8,435.00 j
TOTAL ITEMS TO VULCAN SIGNS: $37,467.00
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for the purchase of traffic
marking materials for the Public Works Department, Transportation Division; and,
WHEREAS, Trantex, Inc., Houston, Texas, and Vulcan Signs, Foley, Alabama,
submitted bids respectively in the amounts of $29,635 and $37,467 as shown on the
attached Exhibit "A"; and,
WHEREAS, City Council is of the opinion that the bids submitted by Trantex, Inc.,
Houston, Texas, and Vulcan Signs, Foley, Alabama, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bids submitted by Trantex, Inc., Houston, Texas, and Vulcan Signs, Foley,
Alabama,for an annual contract for the purchase of traffic marking materials for the Public
Works Department, Transportation Division respectively in the amounts of $29,635 and
$37;,467 as shown on the attached Exhibit "A" be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
MISCELLANEOUS SECTION Trantex, Inc.
Houston, TX
Qty DESCRIPTION Unit Total
1100 Yellow traffic paint, 55 gal $8.98 $9,878.00
1100 White traffic paint, 55 gal $8.72 $9,592.00
300 White Aexcel Gorilla Paint,5 gal $14.45 $4,335.00
200 Yellow Aexcel Gorilla Paint, 5 gal $15.50 $3,100.00
50 Part A&Part B epoxy adhesive, 2 gal kit $54.60 $2,730.00
TOTAL SECTION: $29,635.00
TOTAL ITEMS TO TRANTEX INC: $29,635.00
MISCELLANEOUS SECTION Vulcan Signs
Foley, AL
Qty DESCRIPTION Unit Total
750 2-3/8"OD x 13'sign posts $19.79 $14,842.50
TOTAL SECTION: $14,842.50
SIGN BLANK SECTION Vulcan Signs
Foley, AL
Qty DESCRIPTION Unit Total
50 24"X 48"anodized aluminum sign blank $17.92 $896.00
100 6"X 36"anodized aluminum sign blank $3.68 $368.00
100 18"X 18"anodized aluminum sign blank $5.19 $519.00
200 24"X 24"anodized aluminum sign blank $8.84 $1,768.00
100 30"X 30"anodized aluminum sign blank $13.71 $1,371.00
50 16'X 48"anodized aluminum sign blank $12.15 $607.50
150 24"X 30"anodized aluminum sign blank $11.01 $1,651.50
300 6"X 24"anodized aluminum sign blank $2.56 $768.00
150 6"X 30"anodized aluminum sign blank $3.09 $463.50
25 6"X 12"anodized aluminum sign blank $1.59 $39.75
100 6"X 18"anodized aluminum sign blank $1.99 $199.00
100 18"X 24"anodized aluminum sign blank $6.68 $668.00
100 12"X 18"anodized aluminum sign blank $3.39 $339.00
25 30"anodized aluminum sign blank triangle $7.14 $178.50
50 30"X 30"anodized al sign blank pentagon $12.97 $648.50
25 12"X 48"anodized aluminum sign blank $9.15 $228.75
15 18"X 48"anodized aluminum sign blank $13.61 $204.15
75 9"X 12"anodized aluminum sign blank $2.13 $159.75
15 12"X 30"anodized aluminum sign blank $5.79 $86.85
100 12"X 36"anodized aluminum sign blank $6.91 $691.00
25 30"X 36"anodized aluminum sign blank $16.63 $415.75
50 36"X 36"square anodized al sign blank $20.00 $1,000.00
100 30"octagon anodized aluminum sign blank $12.87 $1,287.00
50 48"X 36"anodized aluminum sign blank $26.98 $1,349.00
50 36"anodized alumiumum sign blank triangle $9.97 $498.50
50 24"anodized octagon aluminum sign blank $8.39 $419.50
TOTAL SIGN BLANK SECTION: $16,825.50
EXHIBIT `A'
SIGNS SECTION Vulcan Signs
Foley,AL
Qty DESCRIPTION Unit Total
50 16"x 48"eng.grade sign faces Gr/Wh $6.53 $326.50
100 12"x 36"one-way R-6-1 left $2.79 $279.00
100 12"x 36"one-way R-6-1 right $2.79 $279.00
50 30"x 30"stop sign faces R1-1 (HI) $11.41 $570.50
50 30"x 30" R5-1 DO NOT ENTER $5.81 $290.50
25 6"x 18"R-1-4 ALL WAY $1.10 $27.50
50 36"x 36"W-3-3A signal ahead $9.95 $497.50
50 36"x 36"W-3-1 a stop ahead $9.95 $497.50
50 36" R1-2 Yield faces $3.92 $196.00
50 36"S1-1 School advance $8.37 $418.50
50 36"S2-1 School x-ing $8.37 $418.50
50 36"x 36"W11-2 ped. advance $8.37 $418.50
50 36"x 36"W11 A-2 ped.crossing $8.37 $418.50
100 24"x 24"R5-2 no trucks $4.29 $429.00
100 24"stop sign faces MR1-1 (HI) $7.32 $732.00
TOTAL SIGNS SECTION: $5,799.00
TOTAL ITEMS TO VULCAN SIGNS: $37,467.00
1
H
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a bid to construct a new shelter at
Sprott Park.
RECOMMENDATION
Administration recommends awarding a bid for furnishing all labor, supplies, materials, and
equipment for construction of a new shelter at Sprott Park to Bruce's General Construction,Inc. of
Beaumont in the total amount of$27,900.
BACKGROUND
Bids were solicited for the construction of a shelter at Sprott Park. Bid notices were provided to
twenty-four(24)vendors. Two(2)bids were received as indicated below. The existing structure at
the site was damaged by Hurricane Rita. The scope of work for construction includes all labor,
supplies, materials, and equipment to build an 18' x 18' wood framed shelter with metal roof,
benches, and a new concrete foundation.
The completion time is estimated to be 60 days.
Contractor Price
Bruce's General Construction,Inc., Beaumont, TX $27,900
Homeland Contractors, Beaumont, TX $280,000
BUDGETARYIMPACT
Funding will be provided by insurance proceeds.
RESOLUTION NO.
WHEREAS, bids were received for furnishing all labor, supplies, materials, and
equipment for construction of a new shelter at Sprott Park; and,
WHEREAS, Bruce's General Construction, Inc., Beaumont,Texas, submitted a bid
in the amount of $27,900; and,
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Inc., Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce's General Construction, Inc., Beaumont, Texas, for
furnishing all labor, supplies, materials, and equipment for construction of a new shelter
at Sprott Park in the amount of $27,900 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
City Council Agenda Item
iuv,i
M - ' &
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20,2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider the purchase of Self Contained Breathing
Apparatus(SCBA)and air cylinders for the Fire Department.
RECOMMENDATION
Administration recommends the purchase of six(6) SCBA units and air cylinders from Municipal
Emergency Services of Houston,TX for$25,848.
BACKGROUND
The SCBA breathing mask and air cylinders are used to provide a safe supply of fresh air to
firefighters while working in hazardous environments. The air cylinders provide forty-five (45)
minutes of compressed breathing air which flows into the firefighter's full-face SCBA breathing
mask.
Ten(10)vendors were notified and the following three(3)bids were received:
VENDOR SCBA* AIR QTY TOTAL
CYLINDER*
Municipal Emergency Services,Houston,TX $3,541.00 ea. $767.00 ea. 6 $25,848.00
Dooley Tackaberry,Deer Park,TX $3,657.15 ea. $776.30 ea. 6 $26,600.70
First Response Products, Scottsdale,AZ $4,214.68 ea. $910.46 ea. 6 $30,750.84
* SCBA is Scott Model 804935-1002 including Scott 4500 psi SCBA Type Air Mark,Quick Connect Regulator,Pak-
Alert SE and Quick Charge.
**Air Cylinder is Scott Model 804722-01 4500 psi Carbon Fiber 45-minute Cylinder.
Purchase of Self Contained Breathing Apparatus
March 12,2007
Page 2
In 1999, the Fire Department implemented a replacement program for SCBA units. Each unit has
a life of approximately fifteen (15) years. The Fire Department has 106 SCBA units and
continuously replaces units as they become obsolete.
BUDGETARYIMPACT
Funds are available in the Capital Reserve Fund for this purchase in the amount of$25,848.
RESOLUTION NO.
WHEREAS, bids were received for the purchase of six(6) Self Contained Breathing
Apparatus (SCBA) and air cylinders for the Fire Department; and,
WHEREAS, Municipal Emergency Services, Houston, Texas, submitted a bid in the
amount of$25,848; and,
WHEREAS, City Council is of the opinion that the bid submitted by Municipal
Emergency Services, Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Municipal Emergency Services, Houston, Texas, for the
purchase of six (6) Self Contained Breathing Apparatus (SCBA) and air cylinders for the
Fire Department in the amount of$25,848 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
J
City Council Agenda Item
K
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 13, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to execute a
Lease Agreement with David Derharoutian.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a one (1) year Lease
Agreement with David Derharoutian (Landlord) for the use of property located at 8155 Phelan
Blvd., Beaumont, Texas.
BACKGROUND
On April 1,2004 the City of Beaumont entered into a three(3)year lease with the Landlord for the
use of property located at 8155 Phelan Blvd. for operation of EMS Med Station No. 4. That lease
will expire on March 31, 2007. Ingrid Holmes, Public Health Director, reports they now want to
enter into a one(1)year agreement only,as they are looking for another location for its operations.
The Landlord has agreed to a one year lease at a rate of$896 per month,which represents a twelve
percent(12%)increase over the previous rental rate. The new lease provides for a hold over option
on. a month-to-month basis at the same rate.
As in the previous lease, all utilities will be paid by the City. Minor maintenance of the facility,
such as a/c filter replacement and grounds maintenance,will be the responsibility of the City. The
Landlord no longer lives in the this area and is using American Real Estate to broker the Lease.
A copy of the proposed lease in its substantial form is attached for your review.
BUDGETARYIMPACT
Funds for the $896 per month expense, or $10,752 total, are available in the EMS Division's
operating budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a one (1) year Lease
Agreement with David Derharoutian (Landlord) for $896 per month for property located at
8155 Phelan Blvd., Beaumont, Texas,for operation of EMS Med Station No. 4. The Lease
Agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
40P
TEXAS AssoCwnw of REALToRn
COMMERCIAL LEASE
1.181111 OF Tiff$FORM NY PERSONS WHO ARE NOT Uemom 8 OF THE TEXAS ASSOCIATION OF REALTORM 15 NOTA M4014IZED.
*Toss Asaadaftn e/P2'A1.SOit A,Inc=2
1. PARTIES:The parties to this lease are:
Tenant: CITY OE' SEAUMONT
P.O. BO X 3827 SEAUMONT, -Tx. 77704 — ; and
Landlord: DAWD DER AROUTIAN ; and
2. LEASED PREMISES:
A. Landlord leases to Tenant the following described real property, known as the"leased premises," along
With all its improvements (Check only one box):
d (1) Multiple-Tenant Property: Suite or Unit Number containing approximately
square feet of rentable area in (building name)
at
(address) in (city), (county),
Texas, which Is legally described on attached Exhibit or as follows:
d (2) Single-Tenant Property: The real property at: 8155 PHELAN
(address) in
BEAUMONT (City), JEFFE _ oN (county), Texas, which
is legally described on attached Exhibit c WILLIAMS or as follows:
ABSTRACT 59 TR 72-A SP-6 BLE. 18
B. If Paragraph 2A(1) applies:
(1) "Property" means the building or complex in which the leased premises are located, inclusive of
any common areas, drives, parking areas, and walks;and
(2) the parties agree that the rentable area of the leased premise's may not equal the actual or useable
area within the leased premises and may include an allocation of common areas in the Property.
3. TERM:
A. Term: The term of this lease is 12 months and o days, commencing on: .
APRIL 1, 2007 (Commencement Date) and ending on
MARCH 31„ 2008 (Expiration Date).
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Laindlord: page 2 of 15
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8135 PHELAN
Commercial Lease concerning: BEAaUMONT. TX 77706
B. Delay of Occupancy: If Tenant is unable to occupy the leased premises on the Commencement Date
because of construction on the leased premises to be completed by Landlord that Is not substantially
complete or a prior tenant's holding over of the leased premises, Landlord will n*ot be liable to Tenant
for such delay and this lease will remain enforceable. In the event of such a delay, the Commencement
Date will automatically be extended to the date Tenant is able to occupy the Property and the
Expiration Date will also be extended by a like number of.days, so that the length of this lease remains
unchanged- If Tenant is unable to occupy the leased premises after the 90th day after the
Commencement Date because of construction on the leased premises to be completed. by Landlord
that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may
terminate this lease by giving written notice to Landlord before the leased premises become available
to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant.
This Paragraph 3B does not apply to any delay in occupancy caused by cleaning or repairs.
C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of occupancy for
the leased premises if required by a governmental body.
4. RENT AND EXPENSES:
A. Base Monthly Rent On or before the first day of each month wring this lease, Tenant will pay
Landlord base monthly rent as described on attached Exhibit or as follows: .
from _?-r±l 1, 2007 to March 31. 2008 $ 896.00
from to $
from $
-
to
from to
from $ '
to $
B. First Full Month's Rent:The first full base monthly rent is due on or before Aril 1 2007
C. Prorated Rent: If the Commencement Date is on a day other than the first day of a month, Tenant will
pay Landlord as prorated rent, an amount equal to the base monthly rent multiplied by the following
fraction: the number of days from the Commencement Date to the first day of the following rrmnth
divided by the number of days in the month in which this lease commences. The prorated rent is due
on or before the Commencement Date.
D. Additional Rent: In addition to the base monthly rent and prorated rent, Tenant will pay Landlord all
other amounts, as provided by the attached (Check all that apply.):
(1) Commercial Expense Reimbursement Addendum
f] (2) Commercial Percentage Rent Addendum
I3 (3) Commercial Parking Addendum
C) (4)
All amounts payable under the applicable addenda are deemed to be "rent' for the purposes of this
tease.
E_ Place of Pavment Tenant will remit all amounts due Landlord under this lease to the following person
at the place stated or to such other person or place as Landlord may later designate in writing:
Name: DAVID DE OUTM= c/o STACY TYWATER
Address: SEAUMoNT AREA Uny_E, T. CREDIT .ON
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Laindlord: Page 3 of 15
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F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as
permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any
check of Tenant is returned to Landlord by the institution an which it was drawn, Landlord after providing
written notice to Tenant may require Tenant to pay subsequent amounts that become due under this
lease in certified funds, This paragraph does not limit Landlord from seeking other remedies under this
Lease for Tenant's failure to make timely payments with good funds.
G. Late Cham-ea: If Landlord does not actually receive a rent payment at the designated place of payment
within 5 days after the date it is due, Tenant will pay Landlord a late change equal to 5% of the amount
due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is'a cost
associated with the collection of rent and Landlord's acceptance of a late charge does not waive
Landlord's right to exercise remedies under Paragraph 20.
H. Returned Checks: Tenant will pay$25.00 (not to exceed$25) for each check
Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus
any late charges until Landlord receives payment.
5, SECURITY DEPOSIT:
A. Upon execution of this lease,Tenant will pay$ H to Landlord as a security
deposit.
B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. if Landlord
applies any part of the security deposit during any time this lease is in effect to amounts owed by
Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to
the amount stated.
C. After Tenant surrenders the leased premises to Landlord and provides Landlord written notice of
Tenant's forwarding address, Landlord,will, not later than the time required by §93.005, Texas Property
Code, refund the security deposit less any amounts applied toward amounts owed by Tenant or other
charges authorized by this lease. The parties agree that Landlord acts in good faith if Landlord accounts
for the security deposit within the time stated.
6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes
assessed against the leased premises.
7. UTILITIES:
A. The party designated below will pay for the following utility charges to the leased premises and any
connection charges for the utilities. (Check all that apply.)
NA Landlord Tenant
(1) Water a d a
(2) Sewer d ❑ d
3 Electric El
(4) Gas x
5 Telephone ❑ ❑ ❑
(6) Trash
7 Cable ❑ ❑ Q
O d ❑ ❑
(8) — x
(9) All other utilities ❑ (� a
[rAR-2101)6-7.02 Initialed for Identification by Tenants: ,and Landlord: Page 4 of 15
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B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility
service provider. The responsible party may select the. utility service provider except that if Tenant
selects the provider any access or alterations to the Property or leased premises necessary for the
utilities may be made only with Landlord's prior consent,which Landlord will not unreasonably withhold.
If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and
Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse
Landlord such amount.
C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are
adequate for Tenant's Intended use.
D. After-Hours HVAC Charges:"HVAC services" means the utility expenses to heat and cool the leased
premises. (Check one box only.)
a (1) Landlord is obligated to provide the HVAC services to the leased premises only during the
Property's operating hours specified under Paragraph 9C.
C] (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified
under Paragraph 9C .for no additional charge and will, at Tenants , request, provide HVAC
services to the leased premises during other hours for an additional charge of$
per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of
Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour Will be
rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request
to provide the additional HVAC services under this paragraph.
Q (3) Tenant will pay for the HVAC services under this lease.
8, INSURANCE: CTTr 1S SEI INS(.11:ET-> -
an insurer authorized to operate in Texas: '
(1) pu ' liability insurance in an amount not less than $1,000,000.00 on an occurrent ;s-is naming
Landlor an additional insured; and
(2) personal pro damage insurance for Tenant's business operations contents on the leased
premises in an am t sufficient to replace such contents after a ca loss.
B. Before the Commencement Date, nant must provide Lan with a copy of the insurance certificates
evidencing the required coverage. If insurayaM' age changes in any manner or degree at any
time this lease is in effect, Tenant must, no n 10 days after the change, provide Landlord a copy
of an insurance certificate evidencin
C. if Tenant fails to maintain th fired insurance in full for effect at all times this lease is in effect,
Landlord may:
(1) purchase in that will provide Landlord the same covera the required insurance and
Tenant immediately reimburse Landlord for such expense; or
(2) e e Landlord's remedies under Paragraph 20.
Unless the arties
p agree otherwise, Landlord will, at Landlord's expense, maintain in full fo nd effect
insurance for fire and extended vet
co age in an.amount to cover the reasonable replacement co the
improvements of the Property and public liability insurance in an amount that Landlord determin
(TAR-2101)6.7-02 Initialed for Idlantification by Tenants_ ,and Landlord: '` Page 5 of 15
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E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its
contents that is caused by Tenant, Tenant's use of the leased premises, or any improvements made by
or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately
after Landlord notifies Tenant of the increase. Any charge to Tenant under this aragraph will be
equal o the actual amount of the increase in Landlord's insurance premium.CQ,,4S#A 6 333ddd���s
-two- leased 'PlrvmnSes. ►fS USe C "
S. USE AND HOURS.
A. Tenant may use the leased premises for the following purpose and no other: EMERAENC NWICAL
SERVICE FOR CITY OF BEAUMONT INCL77DING STORAGE of Gp'aiCY flNIT AND LIVING
QUARTERS FOR EMPLOYEES.
B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the leased
,( premises during business hours that are typical of the Industry in which Tenant represents it operates.
C. The Property maintains operating hours of (specify hours,.days of week, and if inclusive or exclusive of
weekends and holidays): 2A HOURS A DAY — S DAYS A WEEI
10.LEGAL COMPLIANCE:
A. Tenant may not use or permit any part of the leased premises to be used for:
(1) any activity which is a nuisance or is offensive, noisy, or dangerous;
(2) any activity that interferes with any other tenant's normal business operations or. Landlord's
management of the Property;
(3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covenant,
governmental order, owners' association rules, tenants' association rules, Landlord's rules or
regulations, or this lease;
(4) any hazardous activity that would require any insurance premium an the Property or leased premises
to increase or that would void any such insurance;
(5) any activity that violates any applicable federal, state, or local law, Including but not limited to those
laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air
emissions, or other environmental matters;
(6) the permanent Or temporary storage of any hazardous material; or
7
B. "Hazardous material" means any pollutant, toxic substance, hazardous waste, hazardous material,
hazardous substance, solvent, or oil as defined by any federal, state, or local environmental law,
regulation, ordinance, or rule existing as of the date of this lease or later enacted.
C. Landlord does not represent or warrant that the leased premises or Property conform to applicable
restrictions, zoning ordinances, setback lines, parking requirements, impervious ground cover ratio
requirements, and other matters that may relate to Tenant's intended use. Tenant must satisfy itself that
the leased premises may be used as Tenant intends by independently investi sting all matters related to
the use of the leased premises or Property, Tenant agrees that it is not relying on any_warranty or
representation made by Landlord Landlord's agent. or any broker concerning the use of the leased
premises or Property.
(TAR-2101)6.7.02 Initiated for Identification by Tenants: and Landlord: � Page 6 of 15
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Commercial Lease concerning: BRADMOM TX 77706
11.SIGNS:
A. Tenant may not post or paint any signs at, on, or about the leased premises or Property without
Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly
reimburse Landlord for its cost to remove any unauthorized sign.
S. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental
order relating to signs on the leased premises or Property. Landlord may temporarily remove any
authorized sign to complete repairs or alterations to the leased premises or the Property.
C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove, without damage to the Property or leased premises, any
or all signs that were placed on the Property or leased premises by or at the request of Tenant. Any
signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the
Landlord and must be surrendered to Landlord at the time this lease ends.
12.ACCESS BY LANDLORD:
A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable
purpose, including but not limited to purposes for repairs, maintenance, alterations, and showing the
leased premises to prospective tenants or purchasers. Landlord may.access the leased premises after
Tenant's normal business hours if: (1) entry is made with Tenant's permission; or (2) entry is necessary
to complete emergency repairs. Landlord will not unreasonably interfere with Tenant's business
operations when accessing the leased premises.
B. During the last 30 days of this lease, Landlord may place a "For Lease"or similarly worded sign in
the leased premises.
13.MOVE-IN CONDITION: Tenant has inspected the leased premises and accepts it in Its present (as-is)
condition unless expressly noted otherwise in this lease. Landlord and any aoent have made no express or
implied warranties as to the condition or permitted use of the leased premises or Property.
14.MOVE-OUT CONDITION AND FORFEITURE OF TENANT'S PERSONAL PROPERTY:
A. At the time this lease ends, Tenant will surrender the leased premises in the same condition as when
received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition
free of all trash, debris, personal property, hazardous materials, and environmental contaminants.
B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the
leased premises, Landlord may: (1) require Tenant, at Tenant's expense, to remove the personal .
property by providing written notice to Tenant; or (2) retain such personal property as forfeited property
to Landlord.
C. "Surrender" means vacating the leased prertriises and returning all keys and access devices to Landlord.
"Normal wear and tear" means deterioration that occurs without negligence, carelessness, accident, or
abuse.
D. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon
move-out and at Tenant's expense, to remove,without damage to the Property or.leased premises, any
or all fixtures that were placed on the Property or leased premises by or at the request of Tenant. Any
fixtures that Landlord does not require Tenant v must
q to remove become the property of the Landlord and m
be surrendered to Landlord at the time this lease ends.
(TAR-2101)6-7-02 initialed for Identification by Tenants: ,and Landlord: Page 7 of 15
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15.MAINTENANCE AND REPAIR$:
A. Cleaning: Tenant must kep the leased premises clean and sanitary and promptly dispose of all
garbage in appropriate rechapitacles. d Landlord a Tenant will provide, at its expense, janitorial
services to the leased premises that are customary and ordinary for the Property type.
B. Repairs of Conditions Caused by a Party: Each party must promptly repair a condition in need of repair
that Is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees,
contractors or permitted subtenants,
C. Repair and Maintenance Responsibility Except as provided by paragraph 158, the party designated
below, at its expense, is responsible to maintain and repair the following specified items In the leased
premises. The specified items must be maintained in clean and good operable condition. If a
governmental regulation or order requires a modification to any of the specified items, the party
designated to maintain the item must complete and pay the expense of the modification. The specified
items include and relate only to real property in the leased premises. Tenant is responsible for the
and maintenance o ' P repair
of personal property.P P rtY C all that apply.)
PP/Y)
(1) Foundation, exterior walls, roof, and other structural components � Landlord Tenant
(2) Glass and windows d M d
(3) Fire protection equipment and fire sprinkler systems ❑ d d
(4) Exterior & overhead doors, including closure devices, molding d d a
locks, and hardware
(5) Grounds maintenance, including landscaping and ground Cl [�
sprinklers
(6) Interior doors, including closure devices, frames, molding, locks, a d a
and hardware
(7) Parking areas and walks E ❑ ❑
(8) Plumbing systems, dr Inage systems, electrical systems,(ballast ❑
�y
and lamp replacement, and mechanical systems, except those .
specifically designated dtherwIse
(9) Heating Ventilation and Air Conditioning (HVAC)systems
(10) Signs and lighting:
(a) Pylon Q
(b) Facia � a
(c) Monument
(d) Door/Suite ❑ d
(11) Extermination and pest control, excluding wood-destroying insects d d d
(12) Storage yards and storage buildings a
(13) Wood-destroying insect treatment and repairs a
(14) Cranes and related systems x
(15) a a a
(16) a d
(17) All other item systems. � � d�
D. Repair Persons: Repairs must be completed by trained, qualified, and insured repair persons.
(1'AR-2101)6-7-02 Initialed for Identificarron by Tenants: ,and Landlord- Page 8 of 15
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E. HVAC Service Contract: If Tenant maintains the WAC system under Paragraph 15C(9), Tenant d is
[x is not required to maintain,.at its expense, a regularly scheduled maintenance and service contract
for the HVAC system. The maintenance and service contract must be purchased from a HVAC
maintenance company that regularly provides such contracts to similar properties, if Tenant fails to
maintain a required HVAC maintenance and service contract in effect at all times during this lease,
Landlord may do so and charge Tenant the expense of such a maintenance and service contract or
exercise Landlord's remedies under Paragraph 20.
F. Common Areas: Landlord will maintain any common areas in the. Property in a manner as Landlord
determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in
the common area. Landlord may change the size, dimension, and location of any common areas,
provided that such change does not materially impair Tenant's use and access to the leased premises.
Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules
and restrictions. Tenant may not solicit any business in the common areas or interfere with any other
person's right to use the common areas.This paragraph does not apply if Paragraph 2A(2)applies.
G. Notice of Repairs:Tenant must promptly notify Landlord of any item that Is in need of repair and that is
Landlord's responsibility to repair.All requests for repairs to Landlord must be in writing.
H. Failure to Repair_Landlord must make a repair for which Landlord is responsible within a reasonable
period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to
repair or maintain an item for which Tenant is responsible within 10 days after Landlord provides
Tenant written notice of the needed repair or maintenance, Landlord may: (1) repair or maintain the
item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse
Landlord for the cost to repair or maintain; or(2) exercise Landlord's remedies under Paragraph 20.
16. ALTERATIONS:
A. Tenant may not alter, improve, or add to the Property or the leased premises without Landlord's written
consent. Landlord will not unreasonably withhold consent for the Tenant to make reasonable
non-structural alterations, modifications, or improvements to the leased premises.
B. Tenant may not alter any locks or any security devices on the Property or the leased premises without
Landlord's consent. if Landlord authorizes the changing, addition, or rekeying of any locks OT other
security devices, Tenant must immediately deliver the new keys and access devices to Landlord.
C. if a governmental order requires alteration or modification to the leased premises,the party obligated to
maintain and repair the item to be modified or altered as designated in Paragraph 15 will, at its
expense, modify or alter the item in compliance with the order.
D. Any alterations, improvements, fixtures or additions to the Property or leased premises installed by
either party during the term of this lease will become Landlord's property and must be surrendered to
Landlord at the time this lease ends, except for those fixtures Landlord requires Tenant to remove
under Paragraph 11 or 14 or if the parties agree otherwise in writing.
17. LIENS: Tenant may not do anything that will cause the title of the Property or leased.premises to be
encumbered in any way, if Tenant causes a lien to be filed against the Property or leased premises,
Tenant will within 20 days after receipt of Landlord's demand: (1) pay the lien and have the lien released of
record; or(2) take action to discharge the lien. Tenant will provide Landlord a copy of any release Tenant
obtains pursuant to this paragraph.
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,od Landlord: Page 9 of 15
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18, LIABILITY:To the extent permitted bylaw, Landlord Is NOT responsible to Tenant or Tenant's employees
patrons,quests, or Invitees for any damages, injuries or losses to person or property caused by
A. an act omission, or neoiect of. Tenant's agent•Tenant's guest:Tenant's employees: Tenant's
patrons. Tenant's Invitees• or any other tenant on the Prooerty:
B. fire, flood, water leaks. Ice snow, hail winds, explosion smoke riot strike interruption of utilities,
theft bumiary, robbe1y. assault vandalism other persons, environmental contaminants or other
occurrences or casualty,losses /
teL �Slrvs i � _n <. .
19. INDEMNITY: Each Party will an roe dama e
personal iniurv, suits, actions liabilities damaaes cost of repairs or service to the [eased premises or
Property, or any other loss caused negligently or otherwise..bv that Darty or that party's em to ees
patrons, guests, or invitees.
20. DEFAULT;
A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's
failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. If,
however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not
be in default if the cure is commenced within the 30-day period and is diligently pursued.
B. if Landlord does not actually receive at the place designated for payment any rent due under this lease
within 5 days after it is due, Tenant will be in default. If Tenant fails to comply with this [ease for any
other reason within 10 days after Landlord notifies Tenant of its failure to comply, Tenant will be in
default.
C. If Tenant is in default, Landlord may: (1) .terminate Tenant's right to occupy the leased. premises by
providing Tenant with at least 3 days written notice; and (ii) accelerate all rents which are payable
during the remainder of this lease or any renewal period without notice or demand. Landlord will
attempt to mitigate any damage or loss caused by Tenants breach by using commercially reasonable
means. If Tenant is in default, Tenant will be liable for:
(1) any lost rent;
(2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees, and
other fees necessary to relet the leased premises;
(3) repairs to the leased premises for use beyond normal wear and tear,
(4) all Landlord's costs associated with eviction of Tenant, such as attorney's fees, court costs, and
prejudgment interest; .
(5) all Landlord's costs associated with collection of rent such. as collection fees, late charges, and
retuned check charges;
(6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property;
(7) cost to remove any trash, debris, personal property, hazardous materiels, or environmental
contaminants left by Tenant or Tenant's employees, patrons, guests, or invitees in the leased
Premises or Property;
(8) cost to replace any unretumed .keys or access devices to the leased premises, parking areas, or
Property;
(9) any other recovery to which Landlord may be entitled under this lease or under laws.
21. ABANDONMENT, INTERRUPTION OF UTILITIES, REMOVAL OF PROPERTY, AND LOCKOUT:
Chapter 93 of the Texas Property Code governs the rights and obligations of the parties with regard to: (a)
abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d)
"lock-out"of Tenant.
(TAR-2101)6-7-02 Ihitialed for Idertificatlon by Tenants: ,and Landlord: __ 7(" Page 10 of 15
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22. HOLDOVER: if Tenant fails to vacate the leased premises at the time this lease ends, Tenant will become
a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord_
No holding over by Tenant, with or without the consent of Landlord, will extend this lease. yv*
any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily
basis and will.be immediately due and payable daily without notice or demand.
23.
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24. ASSIGNMENT AND SUBLET 1NG: Landlord may assign this lease to any subsequent owner of the
Property. Tenant may not assign this lease or sublet any part of the leased premises without Landlord's
written consent.An assignment of this lease or subletting of the leased premises without Landlord's written
consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises,
Tenant will remain liable for all of Tenant's obligations under this lease regardless if the assignment or
sublease is made with or without the consent of Landlord.
25. RELOCATION:
C] A. By providing Tenant with not less than 90 days advanced written notice, Landlord ma require Ten
to relocate to another location in the Property, y eq ant
than the leased premises then occupied �' provided that the other location is equal In size or larger
Landlord will pay Tenant's reasonable out-of p cket moving contains
es for lmoving t othelother location.
"Moving expenses" means reasonable expenses payable to professional movers, utility companies for
connection and disconnection fees, wiring companies for connecting and disconnecting Tenant's office
equipment required by the relocation, and printing companies for reprinting Tenant's stationary and
business cards. A relocation of Tenant will not change or affect any other provision of this lease that is
then in effect, including rent and reimbursement amounts, except that the description of the suite or
unit number will automatically be amended.
D B. Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior
consent.
26. SUBORDINATION;
A. This lease and Tenant's leasehold interest are and will be subject subordinate, and inferior to:
(1) any lien, encumbrance, or ground lease now or hereafter placed on the leased premises or the
Property that Landlord authorizes;
(2) all advances made under any such lien, encumbrance, or ground lease;
(3) the interest payable on any such lien or encumbrance;
(4) any and all renewals and extensions of any such lien, encumbrance, or ground lease;
(5) any restrictive covenant affecting the leased promises or the Property; and
(6) the rights of any owners'association affecting the leased premises or Property.
B. Tenant must, on demand, execute a subordination, attornment, and non-disturbance agreement that
Landlord may request that Tenant execute, provided that such agreement is made on the condition that
this Pease and Tenant's rights under this lease are recognized by the lien-holder,
(TAR-2101)6.7-02 Initialed for Identification by Tenants:
and Landlord: n Page 11 of 15
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cute and deliver to Landlord an estoppel certificate that identifies:
A. a reach of the lease;
B. the the rrent rent payment and rent schedule;
C. the date the rent payment is due;
D. any advance rent ents;
E. the amount of the secu eposit;
F. any claim's for any offsets;
G. 'the then current term of the lease;
H. any renewal options;
I.
J. Tenant's possession and acceptance of the Ie d premises and improvements;
yownership interest by Tenant, and
28. CASUALTY LOSS:
A. Tenant must immediately notify Landlord of any casualty loss in the leased premise's. Within 20 days
after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant If the leased premises are
less-than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially
restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss.
B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased
premises to substantially the same condition as before the casualty. If Landlord fails to substantially
restore within the time required,Tenant may terminate this lease.
C. If the leased premises are more than 50% unusable and Landlord can substantially restore the leased
premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may:.(1) terminate
this lease; or (2) restore the leased premises to substantially the same condition as before the
casualty. If Landlord chooses to restore and does not substantially restore the leased premises within
the time required, Tenant may terminate this lease.
D. If Landlord notifies Tenant that Landlord cannot substantially restore the leased premises within 120
days after Tenant notifies Landlord of the casualty loss, Landlord may: (1) choose not to restore and
terminate this lease; or (2) choose to restore, notify Tenant of the estimated time to restore, and give
Tenant the option to terminate this lease by notifying Landlord within 10 days.
E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant
notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an
amount proportionate to the extent the.leased premises are unusable.
29. CONDEMNATION; If after a condemnation or purchase in lieu of condemnation the leased premises are
totally_unusable for the purposes stated in this lease, this lease will terminate. If after a condemnation or
purchase in lieu of condemnation the leased premises or property are partially unusable for the purposes
of this lease, this lease will continue arrd rent will be reduced in an amount proportionate to the extent the
leased premises.are unusable. Any condemnation award or proceeds in lieu of condemnation are the
property of Landlord and Tenant has no claim.to such proceeds or award. Tenant may seek compensation
from the condemning authority for its moving expenses and damages to Tenant's personal property.
30. ATTORNEY'S FEES:Any person who is a prevailing party in any legal proceeding brought under or
related to the transaction described in this lease is entitled to recover prejudgment interest, reasonable
attorney's fees, and all other costs of litigation from the nonprevailing party.
(TAR-2101)6-7-02 Initialed for Identification by Tenants: ,and Landlord: Page 12 of 15
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31. OMPRESF-NTATIONS:Tenant's statements in this lease and any application for rental are material
representations relied upon by Landlord. Each party signing this lease represents that he or she is of legal
age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any
misrepresentation in this lease or In any application for rental, Tenant is in default. Landlord is not aware of
any material defect on the Property that would affect the health and safety of an ordinary person or.any
environmental hazard on ar affecting the Property that would affect the health or safety of an ordinary
person, except:
32. BROKERS:
A. The brokers to this lease are:
AMERICAN REAL ESTATE — RMLLI bMNESS
Cooperating Broker License No. Principal Broker License No.
Address 3550 DOtiP = B4&TMONT TEXAS 77706
Addmss
Phone 40 860-2914 40 66-4473
Fax Phone Fax
essgamericanrealastate com
E-mail �an
E-mail
Cooperating Broker represents Tenant. Principal Broker: (Check only one box)
represents Landlord only.
a representsTenent only.
d is an intermediary between Landlord and Tenant.
B. Fees:
d (1) Principal Broker's fee will be paid according to: (Check only one box).
d (a) a separate written commission agreement between Principal Broker and:
. d Landlord ❑Tenant.
!� (b) the attached Addendum for Broker's Fee.
❑ (2) Cooperating Broker's fee will be paid according to: (Check only one box),
❑ (a) a separate written commission agreement between Cooperating Broker and:
❑ Principal Broker ❑ Landlord d Tenant.
❑ (b) the.attached Addendum for Broker's Fee.
.33. ADDENDA: Incorporated into this lease are the addenda,
Addenda and Exhibit section of the Table of Contents. If Landlord's Rules and Regulations are made part
of this (ease, Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion,
amend from time to time.
(TAR-2101)6-7-02 Initialed for Identirmation by Tenants:
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34. NOTICES: All notices under this lease must be in writing and,are effective when hand-delivered, sent by
mail, or sent by facsimile transmission to:
Tenant at the leased premises,
and a copy to:_CrTy OF 8 T
Address: P_o. BOX 3827 8ZAtIMONT Tg 77709
Phone:..
Landlord at: D D
Address: 17214 sT L TFogD GREEN R SUGAR AIM 77478
Phone:
and a copy to:DAVID DERE��RObT Fax:
Address:_
Address: E U; david d aroutian nlin '-
Phone: 49S 141-980006 Fait:
35. SPECIAL PROVISIONS:
MONTHLY. RENTS TO BE MAILED TO:
S TACY TYWATER
BF-AUMONT AREA EDUCATORS FEDERAL CREDIT UNION
P.O. BOX 751
BEAM40NT, TEXAS 77704
All improvements to 8155 phelan will stay with the property. .
If existing carpet is removed, it should be replaced.
Tenant responsible for carport & electricity to carport.
36. AGREEMENT OF PARTIES:
A. Entire A reement:This lease contains the enfire agreement between Landlord and Tenant and may not
be changed except by written agreement.
B. Binding Effect: This lease is binding upon and inures to the benefit of the parties and their res e. ve
heirs, executors, administrators, successors, and permitted assigns. p
C. Joint and Several:All Tenants are jointly and severally liable for all provisions of this lease. Any act or
notice to, or refund to, or signature of, any one or more of the Tenants regarding any term of this lease,
its renewal, or its termination is binding on all Tenants.
d. Controlling Law: The laws of the State of Texas govern the interpretation, performance, n
enforcement of this lease. P and
(PAR-2101)6-7-02 Initialed for Identifica tion by Tenants:
• and Landlord: Page 14 of 15
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E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law, the
remainder of this lease will not be affected and all other provisions of this lease will remain valid and
enforceable.
F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien,
rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by
Tenant or any other term in this lease.
G. Quiet Eniovment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant
will enjoy possession and use of the leased premises free from material interference.
H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage
Of material, governmental restriction, riot, flood, or any cause.outside Landlord's control, the time for
Landlord's performance will be abated until after the delay.
I. Time: Time is of the essence.The parties require strict compliance with the times for performance.
Brokers are not qualified to render legal advice, property inspections, surveys, engineering studies,
environmental assessments, tax advice, or compliance inspections. The parties should seek experts to
render such services, READ THIS LEASE CAREFULLY. If you do not understand the effect of this Lease,
consult your attorney BEFORE signing,
C-1-Ty OF BEAVr1ONT DAVID bEREAROUTIAN
Tenant
F By Landlord
By
Printed Name ITY of BEAUIKO Date Date
Title Printed Name DAVID DERHAROi7TrArr
Title
Tenant
By Landlord
By Printed Name Date Date
Title Printed Name
Title
(TAR-2101)6-7-02
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City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March, 20, 2007
AGENDA MEMO DATE: March 7, 2007
REQUESTED ACTION: Council consider a resolution accepting maintenance of water
and sanitary sewer improvements in Park North, Phase II.
RECOMMENDATION
Administration recommends approval of the following:
Water and sanitary improvements for Lots 18-25, Block 4
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on February 20, 2007.
BUDGETARY IMPACT
None.
ParkNorthcg.wpd
1
VOrH Cur-OFF
PINEY PT. Q •\ PARKDA LE
L
PARK
ch
NORTH
HOMER
SCHOOL
i
CHINN LN.
PHASE H
NORTH /•/�------_J C� \
WOODLANDS
SUBD
PROJECT LOCATION MAP
NTS
PHASE 11
RESOLUTION NO.
WHEREAS,final inspection of water and sanitary sewer improvements constructed
in Park North, Phase II was made by the Water Utilities Department as follows:
Water and Sanitary Sewer Improvements:
Lots 18 - 25, Block 4
WHEREAS, the developers of said addition desire to have these improvements
accepted and maintained by the City; and,
WHEREAS, said improvements passed final inspection and qualify for acceptance
for permanent maintenance;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the water and sanitary sewer improvements in Park North, Phase II are hereby
accepted by the City of Beaumont and shall be maintained by the City contingent upon
filing of the final plat, complete with filings of dedication of all rights-of-way and easements
required on the preliminary and final plats.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
L
,...,, City Council Agenda Item
MOMFAIVILOWIM13 EL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 8, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to renew the
loan agreement with the National Museum of the United
States Air Force.
RECOMMENDATION
Administration recommends approval of this action.
BACKGROUND
In 1992,the United States Air Force loaned the City a jet to be used only for display purposes. The
jet is located at Babe D.Zaharias Park. Department of Defense regulations require the Air Force to
check each year on the status of the jet to be sure that it is being used as intended.
'The National Museum of the United States Air Force,which is now charged with the responsibility
of verifying the status of the jet,is requesting that the loan agreement be renewed in accordance with
the original terms of the loan and federal regulations.
'The jet is an attractive addition to the park, and staff wishes to keep it there on display.
BUDGETARY IMPACT
'The required costs associated with keeping the jet are minimal. The staff will investigate the cost
of repainting the jet in the near future.
Revised January 2007
NATIONAL MUSEUM OF THE UNITED STATES AIR FORCE (NMUSAF)
STATIC DISPLAY PROGRAM
2007 LOAN AGREEMENT, SDA0282
1.0. Parties. Pursuant to Public Law 80-421 [10 U.S.C. 2572], by this agreement, effective as of 1 April 2007
between the United States of America, hereinafter called "the Government," represented by the United States
Air Force Heritage Program (USAFHP), hereinafter called "the Lender," and, CITY OF BEAUMONT
hereinafter called "the Borrower," incorporated and operating under the laws of the State/Country of TX and
located at BEAUMONT. The Government hereby establishes with the Borrower a loan agreement for U.S.Air
Force (USAF) historical property for the period commencing 1 April 2007 and ending 31 March 2008. This
agreement is not transferable.
2.0. Borrower Obligations/Costs. The Borrower has applied, in writing,for the loan of USAF historical
property, and hereby agrees to accept it on an "as is,where is"basis,to be responsible for all arrangements and,
in accordance with 10 USC 2572, is required to pay all costs, charges and expenses incident to the loan of this
property, including the cost of preparation, demilitarization,hazardous material removal,disassembly,packing,
crating,handling,transportation,and all other actions incidental to the movement of the loaned property to the
Borrower's location.
3.0. Loan Conditions.
3.1. The Borrower agrees that the property shall be used for static display purposes only. Loaned
aerospace vehicles will not be flown or restored to flying condition under any circumstance, nor will they be
licensed with the Federal Aviation Administration (FAA). The borrower shall not remove any parts from
loaned aircraft for operational usage in any airworthy aerospace vehicle. Public access to the interior of loaned
aircraft(cockpit, cargo areas,etc.) is prohibited for reasons of aircraft preservation and public safety.
3.2. Due to the criticality of parts in the operational inventory, there may be occasions, after the flying
units have exhausted all other sources in the USAF Supply System, that parts may be requested from the
NMUSAF by the System Program Director(SPD)to support operational requirements. Such parts are internal
in nature and removal or replacement does not alter the external aesthetic appearance of the aerospace vehicle.
All such requests for parts removal will be forwarded to the NMUSAF for approval.
3.3. The Borrower shall not part with possession of the property or any component of the property in any
manner to any third party either directly or indirectly; and the Borrower shall not enter into any negotiations
with a third party regarding any future disposition of the loaned material, in all or part; and the Borrower shall
not do or suffer anything to be done whereby any of the property shall or may be relocated, lost, stolen, injured
or destroyed.
3.4. The Borrower agrees to use the loaned property in a careful and prudent manner; not, without prior
permission of the Lender, to modify it in any way which would alter the original form, design, or the historical
significance of said property,to perform routine maintenance so as not to reflect discredit on the Lender; and to
display and protect it in accordance with the instructions set forth in Attachments 1, 2 and 3 which are
incorporated herewith and made part of this Loan Agreement.
3.5. The Borrower agrees that any authorized additions, modifications or alterations to the property would
become part of said property and upon termination of this Loan Agreement or recall of the property, will be
repossessed as part of said property.
1
Revised January 2007
4.0. Use as Security, Sale or Lease. The Borrower agrees not to use the loaned property as security for any
loan, not to sell, lease, rent, lend, or exchange the property for monetary gain or otherwise under any
circumstances without the prior written approval of the Lender.
5.0. Professional Photography. The Borrower shall not make or allow the use of the loaned property in any
manner for still or motion video production without prior written approval.
6.0. Incident Reporting. The Borrower shall within one(1)working day of discovery,notify the NMUSAF of
any instance of loss,damage or destruction of the property.
7.0. Title. The Borrower shall obtain no interest in the loaned property by reason of this agreement and title
shall remain in the Lender at all times.
8.0. Receipt,Custody&Liability.
8.1. This agreement shall be executed prior to the Borrower accepting physical custody of the property.
8.2. The Borrower agrees to receipt to the Lender prior to assuming physical custody and to accept
liability upon assuming physical custody of the property, to place it on exhibit within ninety (90) days, or as
otherwise mutually agreed upon.
9.0. Borrowers Responsibilities.
9.1. The Borrower agrees to indemnify, save harmless,and defend the Lender from and against all claims,
demands, actions, liabilities,judgments, costs, and attorney's fees, arising out of, claimed on account of, or in
any manner predicated upon personal injury, death, or property damage caused by or resulting from possession
and/or use of the loan property.
'9.2. The Borrower will bear full financial liability for the loss or damage of USAF historical property
resulting from negligence, misconduct, or willful violation of the terms of this agreement. The Borrower
further agrees that, at the discretion of the Director, NMUSAF, loaned property that has been irreparably
damaged,destroyed or stolen may be either replaced with an historical aerospace item of equal value or provide
to the Lender monetary reimbursement for the value of the loaned property. Should loaned property have
catastrophic damage beyond the Borrower's control, (i.e. tornado, hurricane, flood, etc.) the Borrower will be
responsible for all cleanup and removal to the location designated by the NMUSAF.
9.3. The Borrower agrees to report as requested to the Lender on the condition and location of the
property. Further,the Borrower agrees to allow authorized Department of Defense representatives access to the
Borrower's records and facilities to assure accuracy of information provided by the Borrower and compliance
with the terms of this Loan Agreement.
9.4. The Borrower agrees to return said property to the Lender on termination of this Loan Agreement or
earlier, if it is determined that the property is no longer required,at no expense to the Lender.
10.0. Initial Loan Agreement Requirements.
10.1. The Borrower agrees to furnish the Lender with standard 3 x 5 or 4 x 6, 35mm color prints or
digital images of the loaned property within thirty (30) days of the initial execution of this agreement. The
accession number of the item will be clearly marked on the back of the print. If providing digital images, the
image file name must be the accession number for that item. For aircraft and ballistic missiles, prints or digital
images will include views showing all external surfaces including serial number and all accessible interior areas
including instrument panels, avionics racks and equipment, aircrew, passenger, cargo and payload
2
Revised January 2007
compartments, wheel wells, and bomb bays. Insure the M/D/S (model, design, series), serial number, and
NMUSAF accession number is clearly marked on the back of each print. (If an aircraft or missile has been
repainted to represent another airframe, label the print with the actual tail number as shown on the DD Form
1149 for that airframe.) Prints or digital images for all other artifacts will be of sufficient detail to insure
positive identification of each object.
10.2. The Borrower agrees to furnish the Lender proof of insurance to include name of carrier, limits of
liability,and period of coverage(copy of binder).
11.0,. Annual Loan Renewal Requirements.
11.1. The Borrower agrees to furnish the Lender with standard 3 x 5 or 4 x 6, 35 mm color prints or
digital images of the loaned property. The accession number of the item will be clearly marked on the back of
the print. If providing digital images, the image name must.be the accession number for that item. Prints or
digital images of aircraft and missiles will provide general views to include sufficient detail to show the overall
condition and serial number of the airframe. Insure the M/D/S (model, design, series), serial number on all
aerospace vehicles, and NMUSAF accession number is clearly marked on the back of each print. (If an aircraft
or missile has been repainted to represent another airframe, label the print with the actual tail number as shown
on the DD Form 1149 for that airframe.) Prints or digital images for all other artifacts will be of sufficient
detail to insure positive identification of each object.
11.2. The Borrower agrees to furnish a copy of the most recent annual financial statements and a
complete IRS Form 990(or Form 990-EZ or Form 990-PF), including all schedules.
11.3. The Borrower agrees to furnish the Lender proof of insurance to include name of carrier, limits of
liability, and period of coverage(copy of binder).
11.4. The Borrower agrees to furnish the Lender with a signed inventory.
12.0. Display/Maintenance Requirements.
12.1. No aircraft will be renovated, reconfigured, have markings changed, or tail number altered, or any
parts added, removed, or replaced as part of a planned restoration effort without prior written approval of the
Director,NMUSAF.
12.2. The Borrower agrees that all aircraft, missiles and artifacts on display will have an identification
sign adjacent to each display. For aircraft and missiles note the type, model, and serial number. If the aircraft
or missile has been reconfigured, markings changed, or serial number altered after acquisition for display
purposes, it will be stated on the sign and noted in all records as follows:
"The item) on display is actually (nomenclature) , Serial No. , but painted and
marked to depict (nomenclature) , Serial No. assigned to the (unit and/or person) in
(location or theater) during ear ".
12.3. The sign will state that the item is part of the NMUSAF collection as follows:
"This(artifact/object) is on loan from the National Museum of the United States Air Force."
12.4. For aircraft on which the serial number has been altered for display purposes with prior written
approval, the model, design and series (i.e. F-100C or F-4C) along with the original serial number will be
stenciled in two inch letters using contrasting paint colors on the fuselage under the horizontal stabilizers.
3
Revised January 2007
12.5. All record keeping will reflect the true serial number.
13.0„ Radioactive Components.
13.1. Completion of Section 2 of Air Force Form 3580, (USAF Museum Aerospace Vehicle Static
Display Acceptance Condition and Safety Certificate), or comparable certification indicating that a complete
radioactive material survey has been accomplished shall be included in the official file.
13.2 In accordance with Attachment 1,(National Museum of the United States Air Force Loan and
Static Display Program), if radioactive items are found reinstalled during later inspections,the borrowing
organization will pay the cost of removal of the radioactive items and any decontamination required.
14.0. Loan Termination.
14.1. The failure of the Borrower to observe any of the conditions set forth in this Loan Aureement
and Attachments 1 2 and 3 thereto shall be sufficient cause for the Lender to terminate the loan and
repossess the loaned property. Repossession of all or any part of the loaned property by the Lender shall be
made at no cost or expense to the Government; the Borrower shall defray all maintenance, freight, storage,
crating,handling,transportation and other charges attributable to such repossession.
14.2. In the event the loan is terminated for cause, the provisions of this agreement will remain in effect
until all borrowed property has been relocated.
14.3. Termination of the loan and subsequent repossession of all or any part of the loaned property at the
option of the Borrower shall require no less than thirty(30) days advance notice to the Lender in writing. This
requirement may be waived by the Lender only through the provision of a written waiver to the Borrower prior
to the return of the loaned property.
14.4. The Lender reserves the right not to renew the loan agreement, in all or part, and to recall the
property if required by the Lender to meet the requirements of the NMUSAF, Wright-Patterson AFB, OH or
other military requirements. The Lender will provide a written thirty (30) day notice of intent to recall to the
Borrower. In the event of recall,movement of the property from the Borrower's site will be accomplished at the
Lender's expense.
15.0. Dispute Resolution. In the event a dispute arises between the parties over the terms of this loan
agreement reasonable attempts will be undertaken to resolve the matter through negotiation between agents
appointed, in writing,by the parties. In the further event that negotiations fail to reach a resolution the parties
agree that federal law will apply and the Federal District Court for the Southern District of Ohio,at Dayton,
Ohio, will have exclusive jurisdiction over such matters.
4
Revised January 2007
Executed on behalf of the Lender this Fifteenth Day of January, 2007 at Wright-Patterson AFB OH.
UNITED STATES OF AMERICA
By: PATRICIA A. OCHS
Title: Static Display Administrator
Agency: National Museum of the United States Air Force
Address: NMUSAF/MUX
1100 Spaatz St
Wright-Patterson AFB OH 45433-7102
Telephone: (937)255-5174,ext. 370 Fax Number: (937)656-4340
Email: patricia.ochs @wpafb.afmil
ACCEPTANCE
The Borrower,through its authorized representative hereby accepts responsibility of the loaned property subject
to the terms and conditions contained in the Loan Agreement set forth above. The Borrower certifies that they
have read,understand and acknowledge that concealing a material fact and/or making a fraudulent statement in
dealing with the federal government may constitute a violation of federal law.
Executed on behalf of the Borrower this day of 2006,at
(Name of Borrower/Organization)
By:
(Signature)
(Typed or Printed Name&Title)
Address:
Telephone: Fax Number:
Email:
5
NATIONAL MUSEUM of the U.S. AIR FORCE
RCS: HAF-HO(A)8801
Loan Account Number SDA0282
19-Jan-07
ACCESSION# NOMENCLATURE Value
SD-2000-0079 AIRCRAFT,F-101B(GF),59-0430 $21,000
1 certify that the above listed items shown on Pages 1 through 1
have been accounted for with any discrepancies so noted.
Signature:
(Historical Property Custodian) (Date)
Typed or Printed Name
Typed or Printed Title
Page 1
POINT OF CONTACT INFORMATION SHEET
ACCOUNT NUMBER SDA0282
CITY/ORGANIZATION NAME CITY OF BEAUMONT I
MAILING ADDRESS PO BOX 3827 I
CITY BEAUMONT I
STATE/COUNTRY TX I
ZIP CODE 77704
PHYSICAL LOCATION OF ITEM I
HISTORICAL PROPERTY CUSTODIAN MR KYLE HAYES I
TITLE, HISTORICAL PROPERTY CUSTODIAN CITY MANAGER,BEAUMONT
PRIMARY POINT OF CONTACT
TITLE PRIMARY POINT OF CONTACT I
PRIMARY PHONE NUMBER 409-880-3716
ALTERNATE PHONE NUMBER
PRIMARY FAX NUMBER 409-880-3112
EMAIL ADDRESS
L
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to renew the loan agreement with
the National Museum of the United States Air Force for the jet on display at Babe D.
Zaharias Park.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
L 100�
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 20,2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-13/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 11 of the Code of Ordinances related to food and food
establishments
2. Consider adopting a resolution of support for House Bill 2818 delaying transition
into retail competition in the Entergy-Gulf States, Inc. service area
3. Consider authorizing the City Manager to execute a Joint Election Agreement
between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County
4. Consider approving an ordinance allowing for an additional six(6)months for the
parking, use and occupancy of recreational vehicles and travel trailers on
residential property as temporary living quarters by property owners while the
damage to these properties caused by Hurricane Rita is being repaired
5. Consider approving a contact for litter removal services for City rights-of-way
6. Consider approving a contract for mowing privately owned developed and vacant
properties in violation of weed ordinances
7. Consider approving a contract for mowing City-owned and abandoned developed
and vacant properties
8. Consider approving a bid for purchasing standby generator power systems to be
used at several fire stations and at City Hall
i
9. Consider approving the purchase of a hazardous environment detection system for
use by emergency workers
10. Consider approving a bid for construction of a building at the Landfill
11. Consider approving a bid to furnish draperies for the Julie Rogers Theatre
12. Consider authorizing the City Manager to apply for and receive funding through
the Emergency Management Performance Grant (EMPG)
13. Consider authorizing the City Manager to apply for and receive funding through
the Department of Homeland Security 2007 Port Security Grant Program to
enhance the security of the Port of Beaumont
14. PUBLIC HEARING: Dangerous Structures
Consider approval of an ordinance declaring certain structures to be dangerous
structures and ordering their removal within 10 days or authorizing the property
owner to enroll the dangerous structure in a work program
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
McNeel v. City of Beaumont
Lewallen v. City of Beaumont
Linda Young v. City of Beaumont
The City of Beaumont v. International Association of Fire Fighters
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
March 20, 2007
Consider amending Chapter 11 of the Code of Ordinances related to food and food establishments
i
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 8, 2007
REQUESTED ACTION: Council consider amendments to Chapter 11 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 11 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, stall~discussed the process to be used to update the Code of
Ordinances. In accordance with the process that was put in place,the proposed changes to Chapter
11, related to food and food establishments, were provided to the City Council for review.
Following the plan, Chapter 11 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARY IMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 11, ARTICLE
I, SECTIONS 11-1 AND 11-1.1, SUBSECTION 11-4(b), SECTION
11-5, AND ARTICLE IV, SUBSECTIONS 11-84(a) and (b) OF THE
CODE OF ORDINANCES; AND REPEALING CHAPTER 11,
ARTICLE I, SECTION 11-19 OF THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;
AND PROVIDING A PENALTY.
WHEREAS, the City of Beaumont endeavors to maintain a clear,
comprehensible, and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current
law and court interpretation;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Chapter 11, Article I, Section 11-1, be and the same is hereby
amended to read as follows:
Sec. 11-1. Texas Department of State Health Services, "Rules on Food
Service Sanitation"--Adopted by reference.
The Texas Department of State Health Services, Texas Food
Establishment Rules," sections 229.161 to 229.171 and 229.173 to 229.175 are
hereby adopted by reference as if cop i ed verbatim herein and a co py of said
Food Establishment Rules is available in the city clerk's office of the city.
Section 2.
That Chapter 11, Article I, Section 11-1.1, be and the same is hereby
amended by changing the introductory language to read as follows:
Sec. 11-1.1. Same--Amendments.
The Texas Department of State Health Services, "Texas Food
Establishment Rules" are hereby amended as follows:
Section 3.
That Chapter 11, Article I, Subsection 11-4(b), be and the same is hereby
amended to read as follows:
Sec. 11-4. Licenses generally--Issuance; standard fees.
(b) The amount of the license fees for applicants for each location, other than
as otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten (10) stools or
chairs .......................................................................... $192.50
(2) Establishments having from eleven (11) to twenty
(20) stools or chairs..................................................... $203.50
(3) Establishments having from twenty-one (21) to thirty
(30) stools or chairs..................................................... $214.50
(4) Establishments having from thirty-one (31) to fifty
(50) stools or chairs..................................................... $225.50
(5) Establishments having from fifty-one (51) to
seventy-five (75) stools or chairs ................................ $236.50
(6) Establishments having from seventy-six (76) to
one-hundred (100) stools or chairs ............................. $247.50
(7) Establishments having one hundred one (101) to
one hundred fifty (150) stools or chairs ...................... $258.50
(8) Establishments having one hundred fifty-one (151)
to two hundred (200) stools or chairs ......................... $269.50
(9) Establishments having over two hundred (200)
stools or chairs ........................................................... $280.50
(10) Special food service establishments (per day) ........... $220.00
(11) Establishments needing temporary permits ................ $33.00
(12) Establishments needing vending machine licenses..... $55.00
(13) Establishments needing seafood/wholesale licenses.. $44.00
(14) Establishments needing seafood/retail licenses ......... $22.00
(15) Establishments needing produce/wholesale licenses.. $55.00
(16) School cafeterias, public or parochial ......................... $55.00
(17) Seasonal food service establishments ....................... $82.50
(18) Retail food stores with zero (0) to two (2) checkout
counters ...................................................................... $192.50
(19) Retail food stores with three (3) to five (5) checkout
counters ...................................................................... $247.50
(20) Retail food stores with six (6) to nine (9) checkout
counters ...................................................................... $302.50
(21) Retail food stores with ten (10) or more checkout
counters ...................................................................... $357.50
Section 4.
That Chapter 11, Article I, Section 11-5, be and the same is hereby
amended to read as follows:
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the
first day of January up to and including the thirty-first (31st) day of July of each
year, and one-half the annual fee for all licenses issued after the thirty-first day of
July and through the thirty-first day of December of each year except for
seasonal, special event and temporary food service establishments. All licenses
shall expire on the thirty-first day of December of each year. Annual renewal
fees for established businesses that are not received by January 31 are
considered late. Late payments are subject to an additional 25 percent penalty
on February 1 and an additional 5 percent penalty will be charged for each
subsequent month, until payment is received.
Section 5.
That Chapter 11, Article I, Section 11-19, be and the same is hereby
repealed.
Section 6.
That the title of Chapter 11, Article IV, be and the same is hereby
amended to read as follows:
ARTICLE IV. FOOD SERVICE MANAGER'S CERTIFICATE*
Section 7.
That Chapter 11, Article IV, Subsections 11-84(a) and (b), be and the
same are hereby amended to read as follows:
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who
submits the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's
Certification Course or shows evidence of completion, within the
past three (3) years, of a course of study which is listed in the
Texas Department of State Health Services Worker's Training
Program Course Registry, and achieves the required minimum
score of seventy-five (75) points out of a possible one hundred
(100) points on a written examination administered or approved by
the regulatory authority. An applicant who fails to achieve a
minimum score of seventy-five (75) on the written examination may
repeat the examination one (1) time without repetition of the food
sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by
an agency which administers a national examination determined by
the Texas Department o f Stat e Health Services and/or the U.S.
Food and Drug Administration to be content valid and legally
reliable; or
Section 8.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 9.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 10.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
20th day of March, 2007.
- Mayor Guy N. Goodson -
Chapter 11 FOOD AND FOOD ESTABLISHMENTS*
*Cross references: Keeping animals for sale in food establishments, § 5-2.
State law references: Food generally, VTCS, Art. 4465 et seq.; unwholesome food,
Art. 4476--5.
Art. I. In General, §§ 11-1--11-29
Art. II. Reserved,§§ 11-30--11-79
Art. III. Reserved,§ 11-80
Art. IV. Food Service Managers's Certificate,§§ 11-81--11-109
Art.V. Reserved,§§ 11-110--11-233
ARTICLE I. IN GENERAL
Sec. 11-1. Texas Department of State
Health Services, "Rules on Food Service Sanitation"--Adopted by
reference.
The Texas Department of , Retail Feedmo
O+vi69en State Health Services, "Texas Food Establishment Rules," sections 229.161 to
229.171 and 229.173 to 229.175 are hereby adopted by reference as if copied verbatim
herein and a copy of said Food Establishment Rules is available in the city clerk's office
of the city.
(Code 1958, § 14-1; Ord. No. 84-32, § 1, 2-14-84; Ord. No. 00-89, § 1, 10-10-00)
Sec. 11-1.1. Same--Amendments.
The Texas Department of State Health
Services, "Texas Food Establishment Rules" are hereby amended as follows:
Section 229.162 Definitions is hereby amended by adding the following
definitions to read as follows:
Seasonal food establishment. A food service establishment which
operates more than fifteen (15) consecutive days but less than one hundred
twenty-one (121) consecutive days within a three hundred sixty five (365) day
period beginning January 1 of each calendar year.
Special event food service establishment. The term "special event food
service establishment" shall mean a temporary food service establishment which
consists of more than five (5) booths and is sponsored by an organization in
connection with a single group event. This includes, but is not limited to fairs,
carnivals, food festivals and similar events.
Section 229.162, Definitions is further amended by changing the definitions of
item (8) child care center, item (33) food service establishment and item (75) regulatory
authority to read as follows:
(8) Child care center- Any facility licensed by the regulatory authority to
receive 6 or more children for child care which prepares food for on-site
consumption.
(33) Food establishment- An operation that stores, prepares, packages,
serves, or otherwise provides food for human consumption such as: a
food service establishment, retail food store; satellite or catered feeding
location; catering operation; if the operation provides food directly to a
customer or to a conveyance used to transport people; market; remote
catered operations; conveyance used to transport people; institution; or
food bank; and that relinquishes possession of food to a consumer
directly, or indirectly thorough a service such as home delivery of grocery
orders or restaurant takeout orders, or delivery service that is provided by
common carriers.
(A) The term includes an element of the operation such as a
transportation vehicle or a central preparation facility that supplies
a vending location or satellite feeding location unless the vending
or feeding location is permitted by the regulatory authority; a
restaurant; a grocery store; an operation that is conducted in a
mobile, stationary, temporary, or permanent facility or location;
group residence; outdoor outfitters; bed and breakfast extended
and bed and breakfast food establishments; where consumption is
on or off the premises; and regardless of whether there is a
charge for the food.
(B) The term does not include: an establishment that offers only
prepackaged foods that are not potentially hazardous; a produce
stand that only offers whole, uncut fresh fruits and vegetables, a
food processing plant; a kitchen in a private home or a non profit
organization if only food that is not potentially hazardous is
prepared for sale or service at a function, such as a religious or
charitable organizations bake sale; a Bed and Breakfast Limited
facility as defined in these rules; or a private home. The term also
does not include the location where food is served and has been
prepared by a catering operation which is licensed by the city.
(75) Regulatory authority-The term regulatory authority shall mean the City of
Beaumont's Public Health Director or his/her designee
Section 229.1666)(3) Grease trap is to be amended to read as follows:
Section 229.1666)(3) Grease trap. If used, a grease trap or grease
interceptor shall be located to be easily cleanable and shall be located outside
the building of a food establishment.
Section 229.171. Compliance and Enforcement. This section is hereby changed
to add a new Section 229.171 subsection (f)(1) and (2) and 229.171 subsection (g) to
read as follows:
Section 229.171 (f) Permit requirement, prerequisite for operation.
(1) It shall be unlawful for any person, firm or corporation to operate a food
establishment within the City of Beaumont who does not possess a valid
permit or license issued by the regulatory authority. Only a person who
complies with the requirements of this ordinance [section] shall be entitled
to receive or retain such a permit or license. Permits or licenses shall not
be transferable from one person to another person or place. A valid
permit or license shall be posted in every food establishment in a place
conspicuous to customers. The City of Beaumont will require the following
types of food establishments to obtain a separate permit or license: retail
food establishments, food service establishments. This includes a food
service establishment co-located with a retail food establishment. Permits
or licenses for temporary food service establishments shall be issued for
a period of time not to exceed fourteen (14) days. A temporary food
establishment permit may only be issued to a person, firm or corporation
four (4) times per calendar year. There shall be a thirty (30) day time
period between each consecutive issuance of such a permit. If the name
of the applicant changes but a previous permit holder is working at the
site, such applicant will be considered to be the same person, firm or
corporation who had previously been issued a temporary food
establishment permit hereunder. The purpose of this regulation is to limit
a person, firm or corporation to four (4) permits per year notwithstanding
in whose name the permits are issued. There is no limit on the number of
times that a permit may be issued for temporary food events operating in
connection with a festival, involving organized public assembly for
entertainment purposes. A festival is defined, for the purposes of this
policy, as a public celebration, entertainment or series of performances of
a certain kind, often held periodically.
(2) Issuance of permit or license.
(a) Any person desiring to operate a food establishment shall make
written application for a permit or license on forms provided by the
regulatory authority. Such application shall include the applicant's
full name and post office address and whether such applicant is
an individual, firm, or corporation, and, if a partnership, the names
of the partners, together with their addresses shall be included;
the location and type of the proposed food establishment; and the
signature of the applicant or applicants. If the application is for a
temporary food service establishment, it shall also include the
inclusive dates of the proposed operations. If the application is for
a special event food service establishment, it shall also include the
inclusive dates of the proposed operation, a complete list of food
booths which will be operating, the name of a responsible
individual for each food booth, and the type of food being
prepared and sold or distributed.
(b) Upon receipt of such an application, the regulatory authority shall
make an inspection of the proposed food establishment to
determine compliance with the provisions of this ordinance.
(c) When inspection reveals that the applicable requirements of this
ordinance have been met, a permit or license shall be issued to
the applicant by the regulatory authority.
Section 229.171(g) Conditions of permit retention. This section is to be amended
to add items (11) through (15) as follows:
(11) Suspension of permit or license
(a) Permit or license may be suspended temporarily by the regulatory
authority for failure of the holder to comply with the requirements
of this ordinance. Whenever a permit or license holder or operator
has failed to comply with any notice issued under the provisions of
Section 229.171 of this ordinance, the permit or license holder or
operator shall be notified in writing that the permit or license is
upon service of the notice, immediately suspended and that an
opportunity for a hearing will be provided if a written request for a
hearing is filed with the regulatory authority by the permit or
license holder.
Notwithstanding the other provisions of this ordinance, whenever
the regulatory authority finds unsanitary or other conditions in the
operation of a food establishment which, in his/her judgment,
constitutes an imminent health hazard (such as, but not limited to,
complete lack of sanitation, refrigeration, or sewage backup into
the establishment), he/she may without warning, notice, or
hearing, issue a written notice to the permit, or license holder or
operator citing such condition, specifying the corrective action to
be taken, and specifying the time period within which such action
shall be taken; and, if deemed necessary, such order shall state
that the permit or license is immediately suspended, and the
establishment shall immediately cease food service operations.
Any person to whom such an order is issued shall comply
immediately therewith, but upon written petition to the regulatory
authority shall be afforded a hearing within twenty (20) days of
receipt of request for a hearing. If any one food booth operating
under a special event food service establishment permit is in
noncompliance with any of the provisions of this ordinance, that
booth and any such booth which violates the ordinance may, at
the option of the regulatory authority, be closed without
suspending the permit of the special event food service
establishment. Applicant for the special event food service
establishment will be responsible to enforce the closing of the food
booth under the permit which is in violation of this ordinance. Any
failure or refusal of the food booth to comply with the order of the
health department may result in the suspension of the permit
issued to the special event food service establishment.
(b) Any person whose permit or license has been suspended for any
reason other than for imminent health hazards may, at any time,
make application for a reinspection for the purpose or
reinstatement of the permit or license. Within ten (10) days
following receipt of a written request, including a statement signed
by the applicant that in his/her opinion the conditions causing
suspension of the permit or license have been corrected, the
regulatory authority shall make a reinspection. If the applicant is
complying with the requirements of this ordinance, the permit or
license shall be reinstated. If no written request for hearing is filed
within ten (10) days, the suspension is sustained.
(12) Revocation of permit or license. For serious or repeated violations of any
of the requirements of this ordinance, or for interference with the
regulatory authority in the performance of its duties, the permit or license
may be permanently revoked after an opportunity for a hearing has been
provided by the regulatory authority. Prior to such action, the regulatory
authority shall notify the permit or license holder in writing, stating the
reasons for which the permit or license is subject to revocation and
advising that the permit or license shall be permanently revoked at the
end of five (5) days following service of such notice, unless a request for
a hearing is filed with the regulatory authority, by the permit or license
holder, within such a five-day period. A permit or license may be
suspended for cause pending its revocation or a hearing relative thereto.
If no request for hearing is filed within the five-day period, the revocation
of the permit or license becomes final.
(13) Service of notices. Notices provided for in this ordinance shall be deemed
to have been properly served when the original of the inspection report
form or other notice has been delivered personally to the permit holder or
person in charge, or such notice has been sent by registered or certified
mail, return receipt requested, to the last known address of the permit or
license holder. A copy of such notice shall be filed with the records of the
regulatory authority.
(14) Hearings. The hearings provided for in this ordinance shall be conducted
by the regulatory authority at a time and place designated by it. Based
upon the record of such hearing, the regulatory authority shall make a
final finding and shall sustain, modify, or rescind any official notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the permit or license holder by the regulatory
authority.
(15) Application after revocation. Whenever a revocation of a permit or license
has become final, the holder of the revoked permit or license may make
written application for a new permit or license.
Section 229.1716) Report of findings. This section is to be amended to add items
(7)--(9) to read as follows:
(7) Grading of food service establishments. Every food service establishment
in the City of Beaumont shall display, in a place designated by the
regulatory authority, a placard approved by the regulatory authority
stating the sanitary condition received at the time of the most recent
inspection of the establishment: Provided that temporary food service
establishments and retail food establishments shall not be subject to
grading. Immediately following each inspection of a food service
establishment, the regulatory authority shall post the appropriate sanitary
condition based upon the inspection findings, and shall issue an
appropriate notice in accordance with section 229.171 Q) of this
ordinance. Sanitary conditions of establishments shall be as follows:
TABLE INSET:
Superior An establishment whose rating scores were no more than twenty(20)
rating demerits on two consecutive prior inspections and whose rating score on the
third inspection is no more than twenty (20) demerits.
Above An establishment having a rating score of no more than twenty (20)
average
demerits.
rating
Average An establishment having a rating score of more than twenty(20) demerits
rating but no more than thirty(30) demerits.
Section 229.171(1)(2)(C). This subsection shall be amended to read as follows:
(C) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall initiate immediate corrective action on
all identified critical violations and shall initiate corrective action on all
other violations within 48 hours. Failure to initiate immediate corrective
action by the establishment may result in immediate suspension of the
permit or license by the regulatory authority. One or more reinspection
shall be conducted at reasonable time intervals to assure correction.
Section 229.171(n) Examination and detention of food. This subsection shall be
deleted to add new subsections (n)(1) and (2) to read as follows:
(n) Examination and condemnation of food.
(1) Food supplied under the provisions of this ordinance may be
examined or sampled by the regulatory authority as often as
necessary for enforcement of these rules. A receipt for samples
shall be issued by the regulatory authority. The regulatory
authority shall, upon written notice to the owner or person in
charge specifying the reason thereof, place under detention any
food which he/she determines or has probable cause to believe is
adulterated or misbranded in accordance with the provisions of
the Texas Food, Drug, and Cosmetic Act, Texas Health and
Safety Code, Chapter 431. The regulatory authority shall tag, label
or otherwise identify any food subject to detention. No food
subject to detention shall be used, served, sold or moved from the
establishment. The regulatory authority shall permit storage of the
food under conditions specified in a hold order. The hold order
shall specify with particularity the reasons therefor and shall state
that a request for hearing may be filed within ten (10) days, and,
that if no hearing is requested, the food shall be destroyed, a
hearing shall be held if so requested, and on the basis of evidence
produced at that hearing, the hold order may be vacated, or the
owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into
compliance with applicable laws. Such order of the regulatory
authority to denature or destroy such food or bring it into
compliance with the provisions of this ordinance shall be stayed if
the order is appealed to a court of competent jurisdiction within
three (3) days.
(2) Wherever the regulatory authority shall find in any food service
establishment or operations any food which is unsound, or
contains any filthy, decomposed or putrid substance, or that may
be poisonous or deleterious to health or otherwise unsafe, the
same being hereby declared to be a nuisance, the regulatory
authority shall forthwith condemn or in any manner render the
same unsalable as human food.
Section 229.171 shall be further amended to add a subsection (r)(1) and (2):
(r) Review of plans.
(1) Submission of plans. Whenever a food establishment is
constructed or extensively remodeled or whenever an existing
structure is converted for use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the regulatory
authority for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and model of
proposed fixed equipment and facilities. The regulatory authority
shall approve the plans and specifications if they meet the
requirements of all applicable laws. No food establishment shall
be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the
regulatory authority.
(2) Pre-operational inspection. Whenever plans and specifications are
required by subsection (229.171)(r) of this section to be submitted
to the regulatory authority, the regulatory authority shall inspect
the food service establishment prior to its beginning operation to
determine compliance with the approved plans and specifications
and with the requirements of all applicable laws.
(Code 1958, § 14-1; Ord. No. 83-120, § 2, 9-27-83; Ord. No. 84-32, § 2, 2-14-84; 84-
146, §§ 1, 2, 11-13-84; Ord. No. 87-65, § 1, 8-18-87; Ord. No. 88-48, § 1, 5-10-88; Ord.
No. 91-6, § 1, 1-15-91; Ord. No. 00-89, §2, 10-10-00)
Sec. 11-2. Adoption of U.S. Public Health Service Machine Vending
Ordinance and Code by reference; copy on file; amendments.
The definitions, the requiring of permits for the installation and operation of
vending machines; the prohibition of the sale of adulterated or misbranded food or drink,
and the enforcement of this section shall be regulated in accordance with the terms of
the unabridged form of "The Vending of Food and Beverages--1978 Recommended
Sanitation Ordinance of the Food and Drug Administration", a copy of which shall be on
file in the office of the city clerk; provided that the words "municipality of
" in said unabridged form shall be understood to refer to the City of
Beaumont and provided further that sections 6-601 and 6-602 of said unabridged
ordinance shall be deemed deleted.
(Code 1958, § 14-19; Ord. No. 84-32, § 3, 2-14-84)
Sec. 11-3. Reserved.
Editor's note: Ord. No. 00-89, § 3, adopted October 10, 2000, amended the Code by
repealing former§ 11-3 in its entirety. Former§ 11-3 pertained to health certificates, and
derived Code of 1958, § 14-8; Ord. No. 79-60, adopted August 7, 1979; Ord. No. 84-
130, adopted October 2, 1984; and Ord. No. 87-13, adopted March 10, 1987.
Sec. 11-4. Licenses generally--Issuance; standard fees.
(a) Upon approval of the application of all applicants, as filed with the health
department, the health department shall issue to the applicant a license or
permit.
(b) The amount of the license fees for applicants for each location, other than as
otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten (10) stools or chairs . . .
$ 5 00192.50
(2) Establishments having from eleven (11) to twenty (20) stools or chairs . . .
X99203.50
(3) Establishments having from twenty-one (21) to thirty (30) stools or chairs .
445-.W214.50
(4) Establishments having from thirty-one (31) to fifty (50) stools or chairs . . .
205:-99225.50
(5) Establishments having from fifty-one (51) to seventy-five (75) stools or
chairs . . . 24-5-.AA236.50
(6) Establishments having from seventy-six (76) to one-hundred (100) stools
or chairs . . . 225:99247.50
(7) Establishments having one hundred one (101) to one hundred fifty (150)
stools or chairs . . . 2354)9258.50
(8) Establishments having one hundred fifty-one (151) to two hundred (200)
stools or chairs . . . 2454)9269.50
(9) Establishments having over two hundred (200) stools or chairs .
255:00280.50
(10) Special food service establishments (per day) . . . 29Q89220.00
(11) Establishments needing temporary permits . . . 304)933.00
(4-3 12) Establishments needing vending machine licenses . . . 59 0055.00
(a-413) Establishments needing seafood/wholesale licenses . . . 48 0944.00
(x-514) Establishments needing seafood/retail licenses . . . 294)922.00
(4- 15) Establishments needing produce/wholesale licenses . . . 55.00
(47-16) School cafeterias, public or parochial . . . 80.0955.00
(4 817) Seasonal food service establishments . . . 75 0082.50
(481 8) Retail food stores with zero (0) to two (2) checkout counters . . .
47-5.09192.50
(291 9) Retail food stores with three (3) to five (5) checkout counters . . .
X5.90247.50
(2420) Retail food stores with six (6) to nine (9) checkout counters . . .
274:09302.50
(2221) Retail food stores with ten (10) or more checkout counters . . .
326.90357.50
(c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a
license fee which is fifty (50) per cent of the fees established above in section 11-
4(b)(1) through (16) inclusive. The term "youth oriented" shall mean nonprofit
organizations which provide services to persons more than fifty (50) per cent of
whom are less than eighteen (18) years of age. The term "elderly oriented" shall
mean nonprofit organizations which provide services to persons more than fifty
(50) per cent of whom are sixty-five (65) years of age or older. The term
"nonprofit organizations" shall mean those organizations which have been
granted an exemption or are exempt from the payment of federal income taxes.
(d) Retail food stores that have an existing city-licensed food service facility shall pay
a license fee which is fifty (50) per cent of the fees established above in sections
11-4(b)(19) through 11-4(b)(22).
(Code 1958, §§ 14-9, 14-20; Ord. No. 83-120, § 1, 9-27-83; Ord. No. 84-15, § 1, 1-17-
84; Ord. No. 84-32, § 7, 2-14-84; Ord. No. 84-146, § 3, 11-13-84; Ord. No. 85-57, § 1, 5-
28-85; Ord. No. 00-05, § 1, 1-4-00; Ord. No. 03-104, § 1, 12-9-03)
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the first
day of January up to and including the thirty-first (31st) day of July of each year, and
one-half the annual fee for all licenses issued after the thirty-first day of July and through
the thirty-first day of December of each year except for seasonal, special event and
temporary food service establishments. All licenses shall expire on the thirty-first day of
December of each year. Annual renewal fees for established businesses that are not
received by January 31 are considered late. Late payments are subject to an additional
25 percent penalty on February 1 and an additional 5 percent penalty will be charged for
each subsequent month, until payment is received.
(Code 1958, §§ 14-10, 14-21; Ord. No. 84-146, §4, 11-13-84)
Sec. 11-6. Same--Display.
Each person required to pay for a license hereunder shall keep such license
displayed in a conspicuous place in each establishment operated.
(Code 1958, § 14-14)
Sec. 11-7. Fruit and vegetables--Wholesaler's license required; application.
Every person, before opening, maintaining or operating an establishment for sale
at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall
make application for license for such business upon a blank to be furnished by the
health authority of this city, in which application the applicant shall give the following
information:
(1) Residence and business addresses of applicant.
(2) Number of establishments to be maintained and operated.
(3) Nature of business and location thereof.
(4) Method of distribution to be used.
(Code 1958, § 14-11)
Sec. 11-8. Same--Inspection of premises prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such fruit and vegetable products are cleaned, stored, packed, prepared
for or offered for sale.
(Code 1958, § 14-12)
Sec. 11-9. Same--Issuance; fees; transferability.
Upon filing of such application to sell fruits or vegetables at wholesale,
satisfactory inspection of the premises and paying the health authority a license fee of
fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate
such establishment for and during the current year for which such license is issued,
which license shall not be transferred. In case such license is issued for only a remaining
portion of such year, the fee charged shall be proportionately reduced; provided,
however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars
($25.00).
(Code 1958, § 14-13)
Sec. 11-10. Same--Construction of delivery vehicles.
All vehicles or conveyances used for distributing or delivering fruit or vegetables
must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other
filth.
(Code 1958, § 14-3)
Sec. 11-11. Seafood business--License required.
It shall be unlawful for any person to sell or offer for sale, or distribute, at
wholesale or retail, from a fixed place of business within the city any fish, oysters,
shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first
obtaining a license for the sale thereof; provided, however, that said license shall not be
required of any person selling such marine life outlined above for on-premises
consumption.
(Code 1958, § 14-15)
Sec. 11-12. Same--Application for license.
Every person, before opening, maintaining or operating such an establishment
for any of the purposes stated in section 11-11, or in any manner selling or distributing or
offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp,
lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make
application for each establishment to be so maintained and operated by applicant, upon
a blank to be furnished by the health authority, and in which application the applicant
shall give the following information:
(1) Residence and business addresses of applicant;
(2) Number of establishments to be maintained and operated;
(3) Nature of business;
(4) Whether wholesale or retail;
(5) Name of the owner of such establishment;
(6) Name under which it is to be operated.
(Code 1958, § 14-16; Ord. No. 84-32, § 4, 2-14-84)
Sec. 11-13. Same--Classes of licenses; fees; term.
(a) There shall be two (2) classes of licenses for establishments named in section
11-11, issued by the regulatory authority, said classes of licenses as follows:
(1) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14 hereof, the regulatory authority shall
issue to any person a fish wholesalers license, upon payment by the
person to the regulatory authority of the fee established by section 11-4
herein; provided however, under the terms of such license, the person
shall not be allowed to peddle from store to store but his sales must be
made directly either by delivery upon a previously executed order or
directly from his place of business. Nothing in this section shall prohibit
any person from making delivery to any retail store in the city, provided
such delivery is made in pursuance of a previously executed order from
the merchant or retail establishment.
(2) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14, the regulatory authority shall issue
to any person a fish retailers license upon payment by the person to the
regulatory authority of the fee established by 11-4 herein; provided,
however, under the terms of such license, the person shall not be allowed
to peddle from store to store or from house to house or upon the streets
of the city, but his sales must be made directly, either by delivery upon a
previously executed order, or directly from his place of business.
(b) The licenses provided in section 11-11 shall be for the period of the calendar
year, regardless of the date of issuance or unless sooner revoked.
(Code 1958, § 14-17; Ord. No. 84-32, § 5, 2-14-84)
Sec. 11-14. Same—Inspection prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such marine products are cleaned, stored, packed, prepared for or
offered for sale.
(Code 1958, § 14-18)
Sec. 11-15. Same—Regulations generally.
It shall be unlawful to sell or offer for sale, within the city, any fish, oysters,
shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the
waters under the jurisdiction of the state, have not been approved by the state
department of health under the regulations and permit of such department, both as to
preparation and packing for shipment and shipment; or if such marine products are
taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell
or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles, terrapins, crayfish and clams, which have not been taken from the waters under
the jurisdiction of the state and approved by the proper authorities of the state, and
under the regulations and permit of the state authorities, and of the United States Public
Health Service, both as to preparation and packing for shipment and shipment; and in so
selling and offering for sale such marine products, it must be indicated either by
certificate or otherwise from such state authorities that such marine products were taken
from the waters and packed and shipped as approved and required by such regulations.
(Code 1958, § 14-5)
Sec. 11-16. Same--Refrigeration.
The food commodities named in section 11-15 shall be kept in adequate
refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such
commodities are sold, either at wholesale or retail, and the delivery thereof not made at
the time of sale, the same shall be delivered in a sanitary manner, and shall be at a
temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery.
(Code 1958, § 14-6)
Sec. 11-17. Same--Adulteration of oysters.
It shall be unlawful for any person to adulterate oysters, by adding thereto ice,
water, sodium sulphate or any other preservative for the purpose of increasing the
quantity of or preserving such oysters.
(Code 1958, § 14-7)
Sec. 11-18. Peddling, selling of certain items in public places prohibited.
(a) It shall be unlawful for any person to peddle, sell or offer for sale beverages
served by the glass, hot tamales, enchiladas, red hots, wieners, sausages,
hamburgers, fresh and salt water fish and all other marine life, sandwiches or any
other similar food products easily contaminated by dust, dirt or flies, along or
upon any public street, sidewalk, alley or any other such public easements or
rights-of-way in the city.
(b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet,
flavored ices or other frozen dairy products along or upon any public streets,
sidewalks, alleys or other public easements or rights-of-way within the city unless
said products are individually packaged frozen dairy products sold from vehicles
equipped with refrigeration facilities adequate to maintain temperatures sufficient
to ensure that the products remain frozen. The products shall be prepackaged
frozen dairy products manufactured, frozen and packaged by a frozen dairy
foods products plant licensed by the State Department of Health. Any person
who sells or offers for sale packaged frozen dairy products from refrigerated
vehicles shall first obtain a permit as provided for in section 11-34 of the Code of
Ordinances. Following the issuance of a permit, each vehicle operating under
said permit shall be inspected once every six (6) months on the premises of the
health department. Revocation of permits shall be in accordance with section 11-
34 of the Code of Ordinances.
(Code 1958, § 14-2; Ord. No. 82-30, § 1, 3-23-82)
., FOgulated.
,
,
Secs. 11-20--11-29. Reserved.
ARTICLE II. RESERVED*
*Editor's note: Ord. No. 00-89, § 4, adopted October 10, 2000, amended the Code by
repealing former art. II, §§ 11-30--11-48, in its entirety. Former art. II pertained to dairy
products, and derived from the Code of 1958, §§21-1--21-19.
Secs. 11-30--11-79. Reserved.
ARTICLE III. RESERVED*
*Editor's note: Ord. No. 00-89, § 5, adopted October 10, 2000, amended the Code by
repealing former art. III, § 11-80, in its entirety. Former art. II pertained to meat and
poultry, and derived from the Code of 1958, § 20-1.
Sec. 11-80. Reserved.
ARTICLE IV. FOOD SERVICE MANAGERS'S CERTIFICATE*
*Editor's note: Ord. No. 84-32, § 8, adopted Feb. 14, 1984, provided for the addition
of Art. IV, food service manager's certificate, §§ 11-81--11-89, to read as herein set out.
Sec. 11-81. Purpose.
There shall be a program of food service manager's certification conducted under
the direction of the regulatory authority. Such a program shall have as its primary goal
the training of persons in managerial positions (person in charge) within the food service
industry in safe food handling practices, including knowledge of the City of Beaumont's
food service sanitation ordinance. Training shall be accomplished by means of a special
course which will be made available at regular intervals to those persons seeking
certification. Certification shall be accomplished after all course requirements have been
met and the applicant has demonstrated by means of an examination that such person
possesses the required minimum essential knowledge as determined by the regulatory
authority.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-82. Food service manager certification required.
It shall be unlawful for any person owning, operating, directing, or managing any
food service establishment, catering operation, or any place or vehicle regulated by the
city food service sanitation ordinance where food or drink is manufactured, produced,
processed, prepared, or otherwise manipulated, within the city, to fail to keep in his
employ a manager, assistant manager, supervisor, or other person in charge of said
establishment who has a valid and current food service manager's certification issued by
the regulatory authority. Whenever a food service manager certificate has expired or the
holder of the certificate is no longer employed in the food service establishment, ninety
(90) days shall be allowed for the food service establishment to comply with this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-83. Exemption.
Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn,
prepackaged foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares,
nursing homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week by
state or federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and
(5) Persons operating a mobile food unit or supplying food to vending
machines.
For the purposes of this article, a nonprofit organization shall mean an organization
which has been granted an exemption or is exempt from the payment of federal income
taxes.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-146, § 5, 11-13-84)
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who submits
the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's Certification
Course or shows evidence of completion, within the past three (3) years,
of a course of study which is listed in the Texas Department of Health
€eod-Sev+ceState Health Services Worker's Training Program Course
Registry, and achieves the required minimum score of seventy-five (75)
points out of a possible one hundred (100) points on a written
examination administered or approved by the regulatory authority. An
applicant who fails to achieve a minimum score of seventy-five (75) on
the written examination may repeat the examination one (1) time without
repetition of the food sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by an
agency which administers a national examination determined by the
Texas Department of Wealth State Health Services and/or the U.S. Food
and Drug Administration to be content valid and legally reliable; or
(c) Provides an associate's or bachelor's degree, or the equivalent, awarded
within the past three (3) years, in restaurant or hotel and restaurant
management from an accredited college or university.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91)
Sec. 11-85. Term of certification.
A food service manager's certificate shall be valid for three (3) years from the
date of issuance. The expiration date will be written on each certificate issued. The term
may be less than three (3) years for an individual who was certified by another agency or
organization as provided for in section 11-84. No certificate shall be transferable from
one person to another person.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-86. Renewal of certificates.
Unless reexamination is required by state or federal law, a food service
manager's certificate may be renewed by completing and submitting the renewal
application form provided by the regulatory authority not more than thirty (30) days
before nor sixty (60) days after the date of expiration of the certificate. Such application
for renewal must be accompanied by payment of the fee as set out in section 11-88 of
this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-87. Revocation of a food manager's certificate.
(a) A food service manager's certificate may be revoked by the regulatory authority
on a finding that any of the following grounds exist:
(1) That the food service manager interfered with an inspection of the food
service establishment by agents of the regulatory authority;
(2) That violations of the City of Beaumont's food service sanitation
ordinance exist in the food service establishment;
(3) That the certified food manager knowingly falsified any information
supplied on an application for certification issued under this article;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager's certificate which
has not been duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager's certificate, the regulatory authority
shall give written notice to the holder of the certificate and to the owner of the
food service establishment in which the food service manager is employed. Such
notice shall state:
(1) The grounds upon which the City of Beaumont will seek revocation of the
certificate;
(2) That revocation becomes final ten (10) days after notice unless a written
request for hearing is filed with the regulatory authority before expiration
of the ten-day period.
(c) The notice required by this article is considered served when it is delivered to the
holder of the certificate, and the owner of the food service establishment, or
when it is sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the certificate and the owner of the food service
establishment. A copy of the notice shall be filed in the records of the regulatory
authority.
(d) The hearing provided for in this article shall be conducted by the regulatory
authority at a time and place designated by the regulatory authority. After
completion of the hearing, the officer designated by the regulatory authority to
conduct the hearing shall make written findings as to whether or not the
certificate is to be revoked. If the hearing officer revokes the certificate, written
notice of such revocation shall be served on the food service manager and the
owner of the establishment with a copy of the findings. Upon receiving written
notice that the food service manager's certificate has been revoked, the food
service manager shall surrender the certificate to the regulatory authority.
If the food service manager fails to appear at the hearing at the time, place, and
date specified, the City of Beaumont shall present sufficient evidence to establish a
prima facie case showing that an act or acts have been committed which constitute
grounds for revocation of the certificate.
In the event a certificate is revoked, the City of Beaumont shall not be liable for
any refund of any part of the fee paid for the certificate.
A person whose food service manager's certificate has been revoked, shall not
be granted a new certificate until such person has attended a course of training and
passed the required examination subsequent to the revocation, and met all requirements
of an initial applicant.
Food service managers certificates remain the property of the City of Beaumont
Environmental Health Division and must be surrendered to the regulatory authority to be
voided when the permit has been revoked.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-88. Fees.
(a) The fee for issuance of a food service manager's certificate is ten dollars
($10.00).
(b) The enrollment fee for the food service sanitation course of study provided by the
regulatory authority shall be fifty dollars ($50.00) and will not be refunded once
the course has begun. Those organizations which are exempt from the food
service manager's certification course under section 11-83(2) herein may attend
the food service sanitation course without payment of the required enrollment
fee, so long as the training is being provided by city staff subject to an availability
of space.
(c) The fee for replacement of a valid and current certificate which has been lost,
stolen, or damaged shall be five dollars ($5.00).
(d) All fees for issuance of certificates will be refunded in the event that no certificate
is issued.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-72, § 1, 6-12-84)
Sec. 11-89. Certificate to be displayed in establishment.
Food service manager certificates shall be prominently posted in the
establishment in a place acceptable to the regulatory authority.
(Ord. No. 84-32, § 8, 2-14-84)
Secs. 11-90--11-109. Reserved.
ARTICLE V. RETAIL FOOD STORE SANITATION CODE*
*Editor's note: Ord. No. 00-89, § 6, adopted October 10, 2000, amended the Code by
repealing art. V, §§ 11-110--11-233, in its entirety. Former art. V pertained to the retail
food store santitation code, and derived from Ord. No. 85-57, adopted May 28, 1985;
and Ord. No. 91-6, adopted January 13, 1991.
Secs. 11-110--11-233. Reserved.
2
March 20, 2007
Consider adopting a resolution of support for House Bill 2818 delaying transition into retail
competition in the Entergy-Gulf States, Inc. service area
�"'A" City Council Agenda Item
M M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 16, 2007
REQUESTED ACTION: Council consider adopting a resolution of support for House
Bill 2818 delaying transition into retail competition in the
Entergy-Gulf States, Inc. service area.
RECOMMENDATION
Administration recommends approval of a resolution of support for House Bill 2818 delaying retail
open access in the Entergy-Gulf States, Inc.'s service area.
BACKGROUND
The City Council met in work session on February 13, 2007, with representatives of other cities
within the EGSI service area to discuss issues related to Entergy's proposed transition into retail
competition in the deregulated electric market. A presentation was made by legal counsel on behalf
ofthe Cities Steering Committee addressing several reasons why transition to competition at this time
is not feasible and should be delayed. The Steering Committee is recommending that the participating
cities adopt the attached resolution supporting House Bill 2818 delaying competition in the EGSI
service area for the following reasons:
(1) Customers in the Electric Reliability Council of Texas(ERCOT)that have participated in the
deregulated markets since January 1,2002,have experienced substantial rate increases under
the competitive model;
(2) EGSI estimates that Company customers will see at least a 40% increase under the
competitive model;
(3) EGSI has attempted to transition to competition in the past and failed after spending over
$200 million which customers are paying back through surcharges over the next 15 years;
(4) EGSI will soon be imposing yet another surcharge to recover the $352 million in damages
associated with Hurricane Rita;
(5) Communities and customers in Southeast Texas are still recovering from the effects of
Hurricane Rita and further rate increases will hinder economic development.
It was the general consensus of those present at the work session that it would not be in the best
interest of the citizens within the EGSI service area for EGSI to move to open competition at this
time.
The administration is recommending adoption ofthe resolution supporting the passage ofHouse Bill
2818 which would delay transition to open competition in the EGSI service area until such time as
the legislature decides competition should move forward.
BUDGETARY IMPACT
The customers in the EGSI service area will realize a substantial savings by delaying transition to
open competition in the deregulated electric market.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING
RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S
SERVICE AREA
WHEREAS, On December 29, 2006, Entergy Gulf States Inc. ("EGSI" or
"Company") filed its transition to competition plan with the Public Utility Commission of
Texas ("PUC" or"Commission") in accordance with Public Utilities Act, Tex. Util. Code
("PURA") § 39.452(g);
WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric
Reliability Council of Texas ("ERCOT") and that competition will commence in 2013;
WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to
competition will cost over $1 billion;
WHEREAS, EGSI requests current reimbursement of its costs to join ERCOT and
transition to competition;
WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and
determined that the case shall proceed as a contested case;
WHEREAS, EGSI estimates that competition will result in at least a 40% increase
in rates;
WHEREAS, all other non-ERCOT utilities have delayed the transition to
competition for their service areas;
WHEREAS, EGSI has increased its rates over the last year through surcharges
designed to recover $217.5 million for EGSI's failed transition to competition and $321
million to restore power following Hurricane Rita;
WHEREAS, many customers in the EGSI service area are still recovering from
Hurricane Rita and the additional rate increases contemplated by EGSI's transition to
competition plan could stifle economic development;
WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in
EGSI's service area, was introduced;
WHEREAS, the Cities' Steering Committee has recommended supporting the
passage of House Bill 2818 delaying retail open access in EGSI's service area, as has
been done with other non-ERCOT utilities;
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont supports the passage of House Bill 2818
delaying retail open access in EGSI's service area.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of
Beaumont, Texas, this 20th day of March, 2007.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
2
3
March 20, 2007
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the City of Beaumont General Election being held jointly
wilth Jefferson County
117LJ1J
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 14, 2007
REQUESTED ACTION: Council to consider authorizing the City Manager to execute
a Joint Election Agreement between Jefferson County and the
City of Beaumont for the City of Beaumont General Election
being held jointly with Jefferson County
RECOMMENDATION
Administration recommends approval of authorization for the City Manager to execute a Joint
Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
BACKGROUND
This Joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate, supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The Jefferson County Clerk will
serve as administrator for the election;however,each participating authority remains responsible for
the lawful conduct of their respective election.
BUDGETARY IMPACT
Funds are available in the City Clerk's Operating Budget.
PREVIOUS ACTION
None
RECOMMENDED BY
City Manager and Interim City Clerk
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICES CONTRACT
BETWEEN
JEFFERSON COUNTY
AND
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 12, 2007
TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK
1 . JURISDICTION
1.1. The Governor of the State of Texas has ordered a special
election to be held on May 12 , 2007, for a constitutional
amendment election.
1.2 The Mayors, the School Board and the Port Commission of the
following political sub-divisions : City of Beaumont,
Beaumont Independents School District, Port of Beaumont,
Bevil Oaks, City of China, City of Groves, City of
Nederland, Nederland Independent School District, Nome, City
of Port Arthur, Port Arthur Independent School District,
Port of Port Arthur, City of Port Neches, Port Neches-Groves
Independent School District, Sabine Pass Independent School
District, Sabine Pass Port Authority either have or may
order an election to be held on the 12th day of May, 2007,
relating to the affairs of each political sub-division.
1 . 3 A list of each county election precinct and Election Day
polling location involved in the joint election, is shown in
Attachment "A" .
2 . ADMINISTRATION
The Jefferson County Clerk agrees to coordinate, supervise
and handle all aspects of administering the Joint Election
in accordance with the provisions of the Texas Election Code
and as outlined in this agreement . Each participating
authority agrees to pay Jefferson County for equipment,
supplies, services and administrative costs as outlined in
this agreement . The Jefferson County Clerk will serve as
administrator for the election; however, each participating
authority remains responsible for the lawful conduct of
their respective election.
PAGE 1
3 . LEGAL DOCUMENTS
3 . 1 Each participating authority will be responsible for
preparation, adoption and publication of all required
election orders, resolutions, notices and any other
pertinent documents required by their respective governing
bodies .
3 . 2 The Jefferson County Clerk will be responsible for making
the submission required by the Federal Voting Rights Act of
1965, as amended, with regard to administration of the
county constitutional amendment election only. Any
submission of pre-clearance to the Department of Justice,
will be the responsibility of each participating authority.
Preparation of necessary bilingual materials for notices and
preparation of the text for the official ballot will also be
the responsibility of each participating authority. Each
participating authority will provide a copy of their
respective election notices and justice submission to the
Jefferson County Clerk.
4 . DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN
4 . 1 Each participating authority agrees that voting at the joint
election will be by use of a direct record and optical scan
voting system approved by the Secretary of State in
accordance with the Texas Election Code . The Jefferson
County Clerk' s Office will be responsible for the
preparation of programs and the testing of the direct record
system and optical scan system used for tabulating the
ballots .
4 . 2 Jefferson County agrees to provide direct recording
electronic devices (DRE) , and voting booths for the joint
election.
5 . VOTING LOCATIONS
5.1 Voting locations will be the voting locations for the county
precincts as approved by Jefferson County Commissioners'
Court on July 31, 2006 . The voting locations are listed in
Attachment "B" of this agreement . In the event a voting
location is not available, the Jefferson County Clerk will
arrange for use of an alternate location with the approval
of each participating authority affected by the change .
Jefferson County will be responsible for submitting any
polling location changes to the Department of Justice for
pre-clearance that changes from the list approved on July
31, 2006 . The Jefferson County Clerk will notify each
participating authority of any changes from the locations
listed in Attachment "A" .
PAGE 2
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 The Jefferson County Commissioners' Court approved the
appointment of the presiding judge and alternate for each
polling location on July 31, 2006 . The Jefferson County
Clerk shall arrange for the training and compensation of all
presiding judges and clerks . The election judges are listed
in Attachment "B" of this agreement . If a person is unable
or unwilling to serve, the Jefferson County Clerk will
submit to the Commissioners' Court a substitute name for the
precinct and notify each participating authority affected by
the change .
62 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics are
required to have interpreter assistance. If a presiding
judge is not bilingual and is unable to hire a bilingual
clerk, the Jefferson County Clerk may make a recommendation.
The Jefferson County Clerk has available on staff three
bilingual deputy clerks who may assist at polling locations
if necessary.
6 . 6 The Jefferson County Clerk will hold schools of instruction
on the use of electronic and optical scan voting equipment
and on election laws . All Election Judges and Alternates
must attend an election judge training session taught by the
Jefferson County Clerk.
6.7 The election judges are responsible for picking up election
supplies at the time and place determined by the Jefferson
County Clerk. Each Election Judge and Alternate will receive
$9 . 00 per hour and each clerk will receive $8 . 00 per hour
(for a maximum of 14 hours) on Election Day. The election
judge will receive an additional $25 . 00 and the person
accompanying the elections judge will receive $10 . 00 for
picking up the election supplies prior to Election Day and
for delivering election returns and supplies to the Central
Counting Station.
All poll workers for the Early Voting period under the
supervision of the Early Voting Clerk, Carolyn L. Guidry
will be compensated at a rate of $8 . 00 per hour.
6 . 13 The Jefferson County Clerk will employ other personnel
necessary for the proper administration of the election,
PAGE 3
including such part-time help as is necessary to prepare for •
the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on election
day, and for the efficient tabulation of ballots at the
central counting station. Personnel working in support of
the central counting station on election night will receive
pay for at least two hours, minimum call for service,
regardless of the actual hours worked.
7 . SUPPLIES AND PRINTING
7 . 1 The Jefferson County Clerk will arrange for all election
supplies and election printing, including, but not limited
to, all forms, signs and other materials used by the
election judges at the voting locations .
7 . 2 The Jefferson County Clerk will provide instructions and
other information needed to enable the election judges to
conduct a proper election.
7 . 3 Each participating authority shall furnish the Jefferson County
Clerk a list of candidates and/or propositions showing the
order and the exact manner in which their candidate names
and/or proposition (s) are to appear on the official ballot . The
list will be delivered to the Jefferson County Clerk no later
than 12 : 00 noon on March 15, 2007 . Each participating authority
will be responsible for proofreading and approving the ballot
in so far as it pertains to that authority' s candidates and/or
propositions .
8 . OPTICAL SCAN BALLOTS
8 . 1 The ballot allocation for Election Day is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections that utilized the optical
scan ballot plus an additional twenty-five percent (2596) of
that number.
8.2; Ballot On Demand will print the ballots for Early Voting By
Mail as needed. Ballot On Demand will print the Provisional
ballots for the Early Voting period and a minimum of twelve
(12) ballots per ballot style will be available at each of the
Early Voting locations . Additional ballots for the Early
Voting period will be printed on an as needed basis .
9 . RETURNS OF ELECTIONS
9 . 1 The Jefferson County Clerk will be responsible for establishing
and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of
the Texas Election Code and of this agreement .
PAGE 4
9.2 The participating authorities hereby, in accordance with
Section 127 . 002, 127 . 003 and 127 . 005 of the Texas Election
Code, appoint the following central counting station officials :
Manager - Christopher Mouton
Tabulating Supervisors Paul Helegda, MIS
Director and
Ken Seholm, Asst . MIS Director
Presiding Judge - Pat Anderson
Alternate Judge - Donna Ferchak
9 . 3 The manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to the
joint participants, candidates, press, and general public by
distribution of hard copies .
9 .4 The Jefferson County Clerk will prepare the unofficial canvass
report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating
authority as soon as possible after all returns and provisional
ballots have been tabulated. All participating authorities will
be responsible for the official canvass of their respective
elections .
9 . 5 The Jefferson County Clerk will be responsible for conducting
the post election manual recount, unless a waiver is given from
the Secretary of State in accordance with Section 127 . 201 of
the Texas Election Code . Notification and copies of the
recount, if waiver is denied, will be provided to each
participating authority and the Secretary of State ' s Office.
10 . ELECTION EXPENSES
10 . 1 The participating authorities agree to share the costs of
administering the May 12 , 2007 Joint Election. An
administration fee not to exceed 10% of the total value of the
contracted services per entity shall be assessed as authorized
by the Texas Election Code, Sec . 31 . 100 . Allocation of
equipment and miscellaneous cost will be proportionate to the
number of shared polling locations and programming cost will be
assessed per entity based on the actual hours spent coding and
changing data for that entity.
PAGE 5
10.2 Each participating authority, will pay proportionately the
expenses for early voting by mail and personal appearance based
on actual cost for labor, postage and supplies .
10 . 3 Final election expenses will be determined within 30-45 days
after the election. The Jefferson County Clerk will provide
each participating authority with a detailed billing statement .
Any disputed amount should be reported within ten (10) days of
receipt of the statement . Payment is due upon receipt of the
bill if there are no discrepancies .
11 . SECURITY DEPOSIT
11 . 1 The signing of this Joint Agreement is in lieu of a deposit .
12 . RECORDS OF THE ELECTION
12 . 1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed
general custodian of the voted ballots and all records of the
Joint Election as authorized by Section 271 . 010 of the Texas
Election Code.
12 . 2 Access to the election records will be available to each
participating authority as well as to the public in
accordance with the Texas Public Information Act, Chapter
552 , Government Code, at the office of the Jefferson County
Clerk, 1001 Pearl Street, Beaumont, Texas, at any time
during normal business hours .
12 . 3 Records of the election will be retained and disposed of in
accordance with the records retention schedules and in
accordance with the provisions of Title 6, Subtitle C,
Chapters 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by
the Texas State Library and Archives Commission. If records
of the election are involved in any pending election
contest, investigation, litigation, or Texas Public
Information Act, the Jefferson County Clerk shall maintain
the records until final resolution or until final judgement,
whichever is applicable . It is the responsibility of any
participating authority to bring to the attention of the
Jefferson County Clerk any notice of any pending election
contest, investigation, litigation, or Texas Public
Information Act request, which may be filed with a
participating authority.
13 . EARLY VOTING
13 . 1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed
as early voting clerk in compliance with Sections 271 . 006 of
PAGE 6
the Texas Election Code . Other deputy early voting
judges/clerks will be appointed by the early voting clerk as
needed to process early voting mail and to conduct early
voting at the main location and branch locations.
13 .2 Early voting by personal appearance will be conducted at the
locations and times as described in Attachment "C" . Any
qualified voter for the Joint Election may vote early by
personal appearance at either the main early voting location
or at any one of the branch locations .
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported on
the day of receipt to the Jefferson County Clerk, 1001 Pearl
Street, Beaumont, Texas 77701 for processing. Persons
voting by mail will send their voted ballots to the
Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas
77704-1151 .
13 . 4 All early voting ballots will be prepared for counting by an
Early Voting Ballot Board appointed in accordance with
Section 87 . 001 of the Texas Election Code . (Exhibit D)
14. ELECTION REPORTS
The Early Voting Clerk will be responsible for ensuring the
delivery of the reports titled Early Voting Daily Vote
Totals to each participating authority each day of Early
Voting for the previous day' s voting activity. The political
sub-divisions will assist in picking up the voter sign-in
sheets each early voting day where practical and delivery to
the County Clerk' s office or the Counting Station by 4 : OOpm.
When possible, the Early Voters' reports will be delivered
by electronic means via e-mail , facsimile, or website .
15 . RUNOFF ELECTION
In the event a runoff is necessary, the agreement will
automatically be extended to cover the runoff, unless a
participating authority states in writing before April 30,
2007, that it does not wish to participate in a joint
runoff . The Jefferson County Clerk will provide each
participating authority in the joint runoff election with an
estimate of funds to be deposited in a special joint runoff
election account . The funds must be deposited no later than
five (5) days after the runoff estimate figures are received
from the Jefferson County Clerk.
PAGE 7
16 . RECOUNT
A Recount cost would be billed at the applicable rate to the
authority responsible for the canvassing of that election.
The guidelines for a Recount can be found in the Texas
Election Code, Title 13 , Chapters 211 through 216 .
17' . CONTRACT WITHDRAWAL
Any participating authority that certifies their election in
accordance with Section 2 . 051, 2 . 052 and 2 . 053 of the Texas
Election Code, may withdraw from the joint election
contract . Any expenditure incurred prior to withdrawal shall
be billed separately and that contracting authority shall be
removed from the contract . An addendum page (s) to the
contract shall be provided to the remaining participants no
later than five (5) days after notification of all intents
to withdraw have been received by the Jefferson County
Clerk.
18 . NOTICE
Whenever this agreement requires any consent, approval
notice, request or demand, it must be in writing to be
effective and shall be delivered to the Jefferson County
Clerk:
Carolyn L. Guidry, Jefferson County Clerk,
P.O. Box 1151,Beaumont, TX 77704-1151
PAGE 8
County:
APPROVED AND EXECUTED ON 2007 .
Ronald L. Walker,
COUNTY JUDGE
ATTEST:
CAROLYN L. GUIDRY, COUNTY CLERK
APPROVED AS TO FORM:
TOM RUGG,
FIRST ASSISTANT DISTRICT ATTORNEY
Entity:
APPROVED AND EXECUTED ON 2007 .
PAGE 9
ATTEST:
PAGE 10
EXHIBIT "A"
PRECINCTS AND POLLING LOCATIONS 2007
PCT LOCATION PCT LOCATION PCT LOCATION
1 French Elementary 9 Ridgewood 17/26/9 Municipal Airport
3525 Cleveland Ave. Elementary 0 455 Keith Rd., Hwy. 90
Beaumont, TX 77703 2820 Merriman Beaumont, TX 77707
8321-6631 Port Neches, TX 866-2700
77651
722-7641
2 Smith Middle School 10 Scott Olive Baptist 18 Ozen High School
4415 Concord Church 3443 Fannett Rd.
Beaumont, TX 77703 1050 Ewing Beaumont, TX 77705
892-3811 Beaumont, TX 77701 981-7500
832-0687
3 Brown Alternative Center 11 Jefferson County 19 BISD Administration
19010 Pope Courthouse Annex
Beaumont, TX 77703 1001 Pearl Street 1025 Woodrow
785-4225 Beaumont, TX 77701 Beaumont, TX 77705
835-8400 833-3762
4 BISD Administration Bldg. 12/13 Dunbar Elementary 20 Pietzsch Elementary
3395 Harrison 825 Jackson 4301 Highland
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77705
899-9972 832-7617 835-2505
5 Caldwood Elementary 13/12 Dunbar Elementary 21 Precinct 4 Barn
102 Berkshire Lane 825 Jackson W. Port Arthur Rd., 2202
Beaumont, TX 77707 Beaumont, TX 77701 Hebert Rd.
835-3818 832-7617 Guffey-Beaumont, TX
77705
Judges use cell phones
6 Central Sr. High School 14 Ogden Elementary 22 Roy Guess Elementary
88 ,Jaguar 2300 Victoria 8055 Voth Rd.
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77708
981-7100 833-2313 892-9702
7 O.C. "Mike"Taylor Career 15 MLK Middle School 23 Rosedale Baptist
Center 1400 Avenue A 7110 Concord Rd.
2330 North St. Beaumont, TX 77701 Beaumont, TX 77708
Beaumont, TX 77701 838-4431 892-2548
835-0153
8 Magnolia Baptist Church 16 Fletcher Elementary 24 First Baptist
2830 Pine Street 1050 Ave F Church-Nome
Beaumont, TX 77703 Beaumont, TX 77701 1985 Louisiana
832-2258 833-3831 Nome, TX 77629
253-2391
25 Pct 1 Service Center 33 Stephen F.Austin 41 Huntsman Corp C-4 Plant
1201 W. Hwy 90 High School 2701 Spur 136
China, TX 77613 2441 -61st Street Port Neches, TX 77651
752-2891 Port Arthur, TX 722-8381
77640
736-1521
26/17 Municipal Airport 34 Wheatley School 42 Van Buren Elementary
/90 455 Keith Rd., Hwy. 90 800 W. 53rd St. 6400 Van Buren
Beaumont, TX 77707 Port Arthur, TX Groves, TX 77651
866-2700 77640 962-6511
985-9101
27/78 Vincent Middle School 35/98/1 Full Gospel Christian 43/61 Pt. Neches ISD
/86 350 Eldridge 06 Center Curriculum Ctr.
Beaumont, TX 77707 9401 Hwy. 69 5840 W. Jefferson Blvd.
866-1491 Port Arthur, TX Groves, TX 77651
77640 962-8446
724-1271
28 Pct 4 Service Center 36 Langham Elementary 44 Tyrrell Elementary School
7780 Boyt Rd 800-12th St. 4401 Ferndale
Beaumont, TX 77713 Nederland, TX 77627 Port Arthur, TX 77642
794-2444 722-4324 962-7373
29 Harnshire Community Building 37 Highland Park 45/70/9 Stilwell Technical Center
12318 2nd St. Elementary 5/109 4801 9th Avenue
Harnshire, TX 77622 200 S. 6th St. Port Arthur, TX 77642
243-2411 Nederland, TX 77627 983-3286
722-0236
30/91 Farinett Elementary 38 Neches Federal 46/96 United Pentecostal
23395 Burrell Wingate Credit Union Church
Beaumont, TX 77705 2339 Nall St. 2700 25th Street
794-1412 Port Neches, TX Port Arthur, TX 77642
77651 985-9345
727-1639
31/10 Labelle-Fannett VFD 39 Blanchette 47/93/1 O.W. Collins Retirement
1/108 3473 Pine Tree Rd. Elementary 02 Center
Beaumont, TX 77705 2400 Lela 4440 Gulfway
796-1529 Beaumont, TX 77705 Port Arthur, TX 77642
842-1230 982-6441
32 Sabine Pass Fire Station #4 40 Hebert Library 48/49 Lee Elementary
5030 S. Gulfway Drive 2025 Merriman 3939 Delaware
Port Arthur, TX Port Neches, TX Port Arthur, TX 77642
971-2421 77651 983-3259
722-4554
49/48 Lee Elementary 58/57/9 Jefferson County 67 South Park Middle School
393.9 Delaware 4 Sub-Courthouse 4500 Highland
Port Arthur, TX 77642 525 Lakeshore Drive Beaumont, TX 77705
983-3259 Port Arthur,TX 838-3941
77640
983-8300
50/51 Edison Jr. High School West 59 Port Arthur Fire 68 Austin Jr. High School
Gym Station#2 3410 Austin
3501 - 12th St. 1201 Granis Beaumont, TX 77706
Port Arthur, TX 77642 Port Arthur, TX 892-0193
985-4311 77640
983-3676
51/50 Edison Jr. High School West 60 Groves Elementary 69 Nederland Recreation
Gym 3901 Cleveland Center
3501 - 12th St. Groves, TX 77619 2300 Ave. H
Port Arthur, TX 77642 962-1531 Nederland, TX 77627
985-4311 724-0773
52/53 DeQueen Elementary 61/43 Pt. Neches ISD 70/45/9 Stilwell Technical Center
/81 740 DeQueen Blvd, 7th St. Curriculum Ctr. 5/109 4801 9th Avenue
Entrance 5840 W. Jefferson Port Arthur, TX 77642
Port Arthur, TX 77640 Blvd. 983-3286
982-4336 Groves, TX 77651
962-8446
53/52 DeQueen Elementary 62 Sallie Curtis 71 Taft Elementary
/81 740 DeQueen Blvd, 7th St. Elementary 2500 Taft
Entrance 6225 N. Circuit Dr. Port Arthur, TX 77640
Port Arthur, TX 77640 Beaumont, TX 77706 962-2262
9821-4336 866-4134
54/55 Franklin Elementary 63 Lucas Elementary 72 Wesley United Methodist
1001-10th St. 1750 E. Lucas Church
Port Arthur, TX 77640 Beaumont, TX 77703 3810 N. Major Drive
985-2573 892-9683 Beaumont, TX 77713
892-7012
55/54 Franklin Elementary 64 Beaumont 73 George Marshall Jr. High
1001-10th St. Community Players School
Port Arthur, TX 77640 5515 Phelps Rd. 6455 Gladys
985-2573 Beaumont, TX 77705 Beaumont, TX 77706
842-4664 866-4174
56/80 C.O. Wilson Jr. High School 65 Regina Howell 74 Fire Station Meeting
262:0 Helena Ave. Elementary Room
Nederland, TX 77627 5850 Regina Lane 3707 Central Blvd
727-6224 Beaumont, TX 77706 Nederland, TX 77627
892-5045 722-6922
57/58 Jefferson County 66 Bevil Oaks Civic 75 Lamar- Health & Human
/94 Sub-Courthouse Center Performance Complex A
525, Lakeshore Drive 7390 Sweetgum East Lavacca at
Port Arthur, TX 77640 Bevil Oaks, TX 77713 University Drive
983-8300 753-1475 Beaumont, TX 77705
880-7011
76 William B. Travis Elementary 85 PACE Union Hall 94/57/5 Jefferson County
1115 Lakeview 2490 S. 11 th St. 8 Sub-Courthouse
Port Arthur, TX 77642 Beaumont, TX 77701 525 Lakeshore Drive
982-2891 842-3952 Port Arthur, TX 77640
983-8300
77 St. Pius X School 86/27/7 Vincent Middle 95/45/7 Stilwell Technical Center
3355 McHale 8 School 0/109 4801 9th Avenue
Beaumont, TX 77708 350 Eldridge Port Arthur, TX 77642
892-3316 Beaumont, TX 77707 983-3286
866-1491
78/27 Vincent Middle School 87/88/9 Pine Burr Baptist 96/46 Park Place Fire Station
/86 350 Eldridge 9 Church 3300 Memorial Blvd.
Beaumont, TX 77707 5095 Pine Burr Blvd. Port Arthur,TX 77642
866-1491 Beaumont, TX 77708 985-8920
892-4974
79/10 Tennis Center 88/87/9 Pine Burr Baptist 97 NO RESIDENTS
0 6455 College 9 Church
Beaumont, TX 77707 5095 Pine Burr Blvd.
866-2833 Beaumont, TX 77708
892-4974
80/56 C.O. Wilson Jr. High School 89 Ridgewood 98/35/1 Full Gospel Christian
2620 Helena Ave. Retirement Center 06 Center
Nederland, TX 77627 2520 IH 10 East 9401 Hwy. 69
727-6224 Beaumont, TX 77705 Port Arthur, TX 77640
899-2531 724-1271
81/52 DeQueen Elementary 90/17/2 Municipal Airport 99/87/8 Pine Burr Baptist Church
/53 740 DeQueen Blvd, 7th St. 6 455 Keith Rd., Hwy. 8 5095 Pine Burr Blvd.
Entrance 90 Beaumont, TX 77708
Port Arthur, TX 77640 Beaumont, TX 77707 892-4974
9824336 866-2700
82 Cedar Park Community Room 91/30 Fannett Elementary 100/79 Tennis Center
7601 -9th Avenue 23395 Burrell 6455 College
Port Arthur, TX 77642 Wingate Beaumont, TX 77707
722-0459 Beaumont, TX 77705 866-2833
794-1412
83 Central Jr. High School 92 First Baptist Church 101/31/ Labelle-Fannett VFD
200- 17th St. Blewett Road 108 3473 Pine Tree Rd.
Nederland, TX 77627 Cheek, TX 77705 Beaumont, TX 77705
727-5765 842-1237 796-1529
84 Fehl Elementary 93/47/1 O.W. Collins 102/47/ O.W. Collins Retirement
3350 Blanchette 02 Retirement Center 93 Center
Beaumont, TX 77701 4440 Gulfway 4440 Gulfway
835-3871 Port Arthur, TX Port Arthur, TX 77642
77642 982-6441
982-6441
103 NO RESIDENTS 107 NO RESIDENTS 112 NO RESIDENTS
104/1 Calvary Baptist Church 108131/ Labelle-Fannett VFD 113 NO RESIDENTS
16 3650 Dowlen Rd. 101 3473 Pine Tree Rd.
Beaumont, TX 77706 Beaumont, TX 77705
898-7074 796-1529
105 NO RESIDENTS 109/45/ Stilwell Technical 114 NO RESIDENTS
70/95 Center
4801 9th Avenue
Port Arthur, TX
77642
983-3286
106/3 Full Gospel Christian Center 110 NO RESIDENTS 115 NO RESIDENTS
5/98 9401 Hwy. 69
Port Arthur, TX 77640
724-1271
116/10 Calvary Baptist Church
4 3650 Dowlen Rd.
Beaumont, TX 77706
898-7074
EXHIBIT " B "
PRECINCT LOCATIONS AND JUDGES FOR 2007
PCT LOCATION JUDGE ALTERNATE JUDGE #OF
CLERKS
1 French Elementary (Dem) (Rep) 4
3525 Cleveland Ave. Brenda Greene Richard A. Hooks
Beaumont, TX 77703 1825 Brooklyn St. 4482 Dallas St.
832-6631 Beaumont, TX 77701 Beaumont, TX 77703
835-1777 892-6966
791-8024
2 Smith Middle School (Dem) (Rep) 3
4415 Concord Jerrie Mathis Jim Doane
Beaumont, TX 77703 3730 Acorn Circuit 3460 Minglewood
892-3811 Beaumont, TX 77703 Beaumont, TX 77703
892-4164 898-8196
3 Brown Alternative Center (Dem) (Rep) 4
1900 Pope Thelma Fielder Etta Harris
Beaumont, TX 77703 2975 Grand 1135 Skipwith St
785-4225 Beaumont, TX 77703 Beaumont, TX 77701
892-4164
4 BISD Administration Bldg. (Rep) (Dem) 3
3395 Harrison Dick Foulk Shirley Laday
Beaumont, TX 77702 3670 Crestwood 23750 Vincent Rd
899-9972 Beaumont, TX 77706 Winnie, TX 77665
898-0741
5 Caldwood Elementary (Rep) (Rep) 3
102 Berkshire Lane Norma Conner Louise Williams
Beaumont, TX 77707 232 W. Caldwood Dr 14 Bayou Bend PI
835-3818 Beaumont, TX 77707 Beaumont, TX 77706
866-3357 892-8951
673-1801
6 Central Sr. High School (Dem) (Rep) 3
88 Jaguar Celeste Johnson Greg Cottington
Beaumont, TX 77702 2560 Rusk St. 3775 Seminole
981-7100 Beaumont, TX 77702 Beaumont, TX 77707
833-3338 843-3458
7 O.C. "Mike"Taylor Career (Rep) (Dem) 3
Center Barbara Bradley M. Thomas Brent
2330 North St. 2165 North St 2490 Louisiana
Beaumont, TX 77701 Beaumont, TX 77701 Beaumont, TX 77702
835-0153 835-3808 832-7392
8 Magnolia Baptist Church (Dem) (Rep) 3
2830 Pine Street Katherine A. Campbell Sheila Hebert
Beaumont, TX 77703 1067 Weiss St. 2555 Gulf St.
832-2258 Beaumont, TX 77703 Beaumont, TX 77703
832-9642 838-2728
455-3451
9 Ridgewood Elementary (Rep) (Rep) 4
2820 Merriman Sherry Desmond Kim Desmond
Port Neches, TX 77651 683 Birchwood Dr 3145 Matter Horn Dr.
722-7641 Port Neches, TX 77651 Port Neches, TX 77651
722-5082 729-9464
10 Scott Olive Baptist Church (Dem) (Dem) 3
1050 Ewing Nanette Cantue Chiquitia Mitchell
Beaumont, TX 77701 1075 Long St. 1075 Long St.,
832-0687 Beaumont, TX 77701 Beaumont, TX 77701
833-0848 833-0848
11 Jefferson County Courthouse (Dem) (Rep) 1
1001 Pearl Street Rose Marie Solomon Chris McKinney
Beaumont, TX 77701 1835 Pennsylvania PO Box 1751
835-8400 Beaumont, TX 77701 Beaumont, TX 77704
838-5565 838-6412
12/13 Dunbar Elementary (Dem) (Rep) 3
825 Jackson Doris Decuir Chris Busch
Beaumont, TX 77701 4905 Wyatt,Apt 19 4610 Monticello
832-7617 Beaumont, TX 77705 Beaumont, TX 77706
899-3632
13/12 Dunbar Elementary
825 Jackson (with PCT12) (with PCT12)
Beaumont, TX 77701
832-7617
14 Ogden Elementary (Dem) (Rep) 3
2300 Victoria Kimberly Lewis Lillian Frye
Beaumont, TX 77701 2335 Roberts 1819 Roberts
833-2313 Beaumont, TX 77701 Beaumont, TX 77701
833-8104 835-0220
15 MLK Middle School (Dem) (Rep) 3
1400 Avenue A Merdle Hanes Wade Billingsley
Beaumont, TX 77701 805 Amarillo St. 2562 Westbury Rd.
838-4431 Beaumont, TX 77701 Beaumont, TX 77713
832-4143 722-5721
504-8319
16 Fletcher Elementary (Dem) (Rep) 1
1050 Ave F Gwen Johnston
Beaumont, TX 77701 2145 Bourbon
833-3831 Beaumont, TX 77705 Beaumont, TX 77706
842-4214
17/26/90 Municipal Airport (Rep) (Dem) 4
455 Keith Rd., Hwy. 90 Steven Randall Melynia Revia
Beaumont, TX 77707 1135 Sunmeadow 7279 Shady Ln.
866-2700 Beaumont, TX 77706 Beaumont, TX 77713
866-7749 866-1340
351-9362
I
18 Ozen High School (Dem) (Rep) 3
3443 Fannett Rd. David Harper Margaret Bostic
Beaumont,TX 77705 4375 Winston P.O. Box 6621
981-7500 Beaumont, TX 77705 Beaumont, TX 77725
842-6966
331-4586
19 BISD Administration Annex (Dem) (Rep) 3
1025 Woodrow Pauline Mouton Wesley Lee
Beaumont, TX 77705 4275 Cadillac Ln 7655 Park North Dr.,Apt
833-3762 Beaumont,TX 77705 711
842-2157 Beaumont,TX 77708
832-1279
20 Pietzsch Elementary (Dem) (Rep) 3
4301 Highland Grace Demary Sam Jernigan
Beaumont, TX 77705 430 E. Elgie 5910 Meadow Way
835-2505 Beaumont, TX 77705 Beaumont, TX 77707
833-2056 866-7369
673-4659
21 Precinct 4 Barn (Dem) 1
W. Port Arthur Rd., 2202 Wilmeretta Lowe (Rep)
Hebert Rd. 2015 Hilldbrandt Sonja Pickens
Guffey-Beaumont, TX 77705 Beaumont, TX 77705 830 Church St
Judges use cell phones 838-3342 Beaumont, Tx 77705
246-5213
22 Roy Guess Elementary (Rep) (Dem) 4
8055 Voth Rd. Janet Dietz J.W. Albert
Beaumont, TX 77708 7750 Homer Dr. 1915 Griffing Rd.
892-9702 Beaumont, TX 77708 Beaumont, TX 77708
892-2731 898-8861
790-2144
23 Rosedale Baptist (Dem) (Rep) 3
7110 Concord Rd. Lucille Bryan James Boykin
Beaumont, TX 77708 6910 Concord 5415 Linda Lane
892-2548 Beaumont, TX 77708 Beaumont,TX 77708
892-4395 892-8422
24 First Baptist Church-Nome (Rep) (Dem) 1
1985 Louisiana Susan Tindall Joan Yates
Nome, TX 77629 P.O. Box 105 PO Box 131
253-2391 Nome,TX 77629 Nome, TX 77629
253-2277 253-2253
782-8999
25 Pct 1 Service Center (Rep) (Dem) 3
1201 W. Hwy 90 Kathy Lewis Viola Jones
China, TX 77613 P.O. Box 404 P.O. Box 312
752-2891 China, TX 77613 China, TX 77613
752-5268 752-5372
752-5270
26/17/90 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/90) (with PCT 17/90)
Beaumont, TX 77707
866-2700
27/78/86 Vincent Middle School (Rep) (Dem) 5
350 Eldridge Jon Tritsch Wilburean Benard
Beaumont, TX 77707 1007 Park Meadow 5015 Pine St#101
866-1491 Beaumont, TX 77706 Beaumont,TX 77703
861-1761
28 Pct 4 Service Center (Dem) 2
7780 Boyt Rd Ezora Mae Bassett (Dem)
Beaumont, TX 77713 6852 Boyt Rd. Shirley Carmon
794-2444 Beaumont, TX 77713 6574 Boyt Rd
794-2281 Beaumont,Tx 77713
794-2142
29 Hamshire Community Building (Rep) (Dem) 3
12318 2nd St. Tanya Young Dolores Marcyniuk
Hamshire, TX 77622 10668 E. Hamshire P.O. Box 311
243-2411 Hamshire, TX 77622 Hamshire, TX 77622
243-2219 243-3340
30/91 Fannett Elementary (Rep) (Rep) 3
23395 Burrell Wingate Belinda Breaux Liz Wenner
Beaumont, TX 77705 20768 Hwy 365 10810 Kolemay
794-1412 Beaumont, TX 77705 Beaumont, TX 77705
794-2064 794-2530
31/101/1 Labelle-Fannett VFD (Rep) (Dem) 3
08 3473 Pine Tree Rd. J. Tom Fox Virginia Ferguson
Beaumont, TX 77705 201 Greenwood 14995 Labelle Dr.
796-1529 Beaumont, TX 77705 Beaumont, TX 77705
796-1119 796-2474
32 Sabine Pass Fire Station#4 (Dem) (Dem) 1
5030 S. Gulfway Drive Doris Eldridge Jeanette LaBove
Port Arthur, TX P.O. Box 72 7518 Backridge Rd
971-2421 Sabine Pass, TX 77655 Sabine Pass, TX 77655
971-2546
33 Stephen F.Austin High School (Dem) (Rep) 4
2441 -61 st Street Katie Jeter Edelmiro Aceveda
Port Arthur, TX 77640 2330 Shirley St. 801 Trinity Ave.
736-1521 Port Arthur, TX 77640 Port Arthur, TX 77642
736-2947 982-7260
34 Wheatley School (Dem) (Rep) 3
800 W. 53rd St. Audrey Prater Gilbert Getz
Port Arthur, TX 77640 1726 Beaumont Ave. 2214 Spurlock Rd
985-9101 Port Arthur, TX 77640 Nederland, TX 77627
985-8506 727-2102
594-4764
35/98/10 Full Gospel Christian Center (Rep) (Rep) 2
6 9401 Hwy. 69 Deborah Parker Janice Boden
Port Arthur, TX 77640 5135 Oriole Dr. 1110 Block St
724-1271 Beaumont, TX 77707 Port Neches,TX 77651
899-1231 344-1949
36 Langham Elementary (Rep) (Rep) 3
800-12th St. Blaine Hall Nola Hall
Nederland, TX 77627 2301 Rosedale 2301 Rosedale
722-4324 Port Arthur, TX 77642 Port Arthur, TX
549-2138 549-2138
37 Highland Park Elementary (Rep) (Dem) 4
200 S. 6th St. Jeff Lake Barbara Wickler
Nederland, TX 77627 6631 Verde 620 S.2nd St.
722-0236 Port Neches, TX 77651 Nederland, TX 77627
543-7270 727-0921
38 Neches Federal Credit Union (Rep) (Dem) 4
2339 Nall St. Howard Frey Joyce Philen
Port Neches, TX 77651 2321 Grand Blvd. 2130 Avenue K
727-1639 Port Neches, TX 77651 Nederland, TX 77627
722-6765 727-5683
39 Blanchette Elementary (Dem) (Rep) 4
2400 Lela MaudrPlummer
Y Preston Frank
Beaumont, TX 77705 4165 Bob St. 3615 S. 4th St.
842-1230 Beaumont, TX 77705 Beaumont, TX 77705
842-0588 842-6666
382-0507
40 Hebert Library (Rep) (Dem) 4
2025 Merriman Gary Daigle Trae Branham
Port Neches, TX 77651 1619 Dieu St. 2910 Ash St.
722-4554 Port Neches, TX 77651 Nederland, TX 77627
722-6793 727-7459
41 Huntsman Corp C-4 Plant (Dem) (Dem) 1
2701 Spur 136 Jimmy King Ophelia King
Port Neches, TX 77651 P O Box 276 P O Box 276
722-8381 Port Neches, TX 77651 Port Neches, TX 77651
722-3023 722-3023
42 Van Buren Elementary (Rep) (Dem) 4
6400 Van Buren Audrey Cupit Pam LaFleur
Groves, TX 77651 6373 Jefferson 4941 Garfield
!962-6511 Groves, TX 77619 Groves, TX 77619
962-4740 962-4393
639-6698
43/61 Pt. Neches ISD Curriculum Ctr. (Dem) (Dem) 4
5840 W. Jefferson Blvd. Melba Ledoux Laura Seelan
Groves, TX 77651 3124 High Ave 3640 Bryan Ave
962-8446 Groves, TX 77619 Groves, TX 77619
962-2560 962-7224
44 Tyrrell Elementary School (Rep) (Dem) 2
4401 Ferndale Robert Sharpless Earl Marsh, Jr.
Port Arthur, TX 77642 4545 Alamosa 4433 Alamosa
962-7373 Port Arthur, Tx 77642 Port Arthur, TX 77642
982-6301 982-6130
720-9329
45/70/95/ Stilwell Technical Center (Dem) (Rep) 3
109 4801 9th Avenue Vera Wilkerson Janice Morse
Port Arthur,TX 77642 3401 Roanoke Avenue 3901 8th Avenue
983-3286 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4772 982-3986
46/96 United Pentecostal Church (Dem) (Rep) 4
2700 25th Street Madeline Brown Linda Bonton
Port Arthur,TX 77642 3727 Platt Ave 3128 Ozark Ave.
985-9345 Port Arthur, Tx 77642 Port Arthur, TX 77640
982-5515 985-2229
47/93/10 O.W. Collins Retirement Center (Dem) (Rep) 4
2 4440 Gulfway Debra Beevers Blaine Hall
Port Arthur, TX 77642 2530 Date St. 2301 Canal Ave.
982-6441 Port Arthur, TX 77642 Nederland, TX 77627
985-2055 767-9896
48/49 Lee Elementary (Dem) (Rep) 4
3939 Delaware Doris Rogers Walter R. Gregory
Port Arthur, TX 77642 515 Sabine 510 Melissa
983-3259 Port Arthur, TX 77642 Pt. Neches,TX 77651
985-9766 727-8492
49/48 Lee Elementary
3939 Delaware (with PCT 49) (with PCT 49)
Port Arthur, TX 77642
983-3259
50/51 Edison Jr. High School West (Dem) (Rep) 5
Gym Mary(Liza)Cunningham Claud Block
3501 - 12th St. 4231 Lakeshore Dr 1610 Johnson Ave
Port Arthur, TX 77642 Port Arthur, TX 77642 Port Neches, TX 77651
985-4311 365-9003
51/50 Edison Jr. High School West
Gym (with PCT 50) (with PCT 50)
3501 - 12th St.
Port Arthur, TX 77642
985-4311
52/53/81 DeQueen Elementary (Dem) (Rep) 5
740 DeQueen Blvd, 7th St. Mary Mottley
Entrance 2000 E. 9th St.
Port Arthur, TX 77640 Port Arthur, TX 77640
982-4336 982-0206
53/52/81 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/81) (with PCT 52/81)
Entrance
Port Arthur, TX 77640
982-4336
54/55 Franklin Elementary (Dem) (Rep) 4
1001-10th St. Melvia F. Cyprien Alfred Marshall
Port Arthur, TX 77640 1027 Thomas Blvd. 1310 E. 10th St.
985-2573 Port Arthur, TX 7760 Port Arthur, TX 77640
985-7175 982-8905
55/54 Franklin Elementary
1001-10th St. (with PCT 54) (with PCT 54)
Port Arthur, TX 77640
985-2573
56/80 C.O. Wilson Jr. High School (Rep) (Rep) 4
2620 Helena Ave. Gloria Dockens Kelley Gossett
Nederland, TX 77627 3011 Graves Ave 1221 Lillie St.
727-6224 Groves, TX 77619 Port Neches,TX 77651
960-6783 722-0007
57/58/94 Jefferson County (Dem) (Rep) 4
Sub-Courthouse Vernice Moore Stuart Salter
525 Lakeshore Drive 1219 East 9th 3770 MLK
Port Arthur, TX 77640 Port Arthur, TX 77640 Port Arthur, TX 77640
983-8300 985-5852 985-5678
350-0685
58/57/94 Jefferson County
Sub-Courthouse (with PCT 57/94) (with PCT 57/94)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
59 Port Arthur Fire Station #2 (Dem) (Dem) 4
1201 Granis Lillian M. LeBlanc Mildred Taville
Port Arthur, TX 77640 649 W. Thomas Blvd. 1041 W 14th St
983-3676 Port Arthur, TX 77640 Port Arthur Tx 77640
985-8033 982-5278
60 Groves Elementary (Dem) (Dem) 4
3901 Cleveland Rauline Judice Janice Guilbeaux
Groves, TX 77619 6948 Willow 6275 Garner
962-1531 Groves, TX 77619 Groves, TX 77619
962-0802 962-0608
61/43 Pt. Neches ISD Curriculum Ctr.
5840 W. Jefferson Blvd. (with PCT 43) (with PCT 43)
Groves, TX 77651
962-8446
62 Sallie Curtis Elementary (Rep) (Dem) 4
6225 N. Circuit Dr. Temple Looney Georgine Guillory
Beaumont, TX 77706 590 Goodhue 3670 South 11 th St.
866-4134 Beaumont, TX 77706 Beaumont, TX 77705
866-2910 842-1577
658-8390
63 Lucas Elementary (Dem) (Rep) 4
1750 E. Lucas Thelma Nobles Karen Arrington
Beaumont, TX 77703 2105 Fillmore 1904 Moore Rd.
892-9683 Beaumont, TX 77703 Beaumont, TX 77713
833-9672 866-3885
553-2924
64 Beaumont Community Players (Dem) (Rep) 2
5515 Phelps Rd. Mary B. Francis Joe Byerly
Beaumont, TX 77705 5990 Tyrrell Park 5745 Erie
842-4664 Beaumont, TX 77705 Beaumont, TX 77705
842-0507 842-4275
65 Regina Howell Elementary (Rep) (Dem) 4
5850 Regina Lane Mary Stimek Doris A. Campbell
Beaumont, TX 77706 6255 West Bend 4420 Beale St.
892-5045 Beaumont, TX 77706 Beaumont, TX 77705
860-5765 842-2334
504-8190
66 Bevil Oaks Civic Center (Rep) (Dem) 3
7390 Sweetgum Deborah Olson Juinez Jones
Bevil Oaks, TX 77713 13355 Davida Dr. 13560 Wayside
753-1475 Beaumont, TX 77713 Beaumont, TX 77713
753-3116 753-2241
67 South Park Middle School (Dem) (Rep) 4
4500 Highland Garcia Middleton Kevin Larousee
Beaumont, TX 77705 1585 Auburn Dr. 4090 Wyatt St.
838-3941 Beaumont, TX 77705 Beaumont, TX 77705
842-4450 838-4232
68 Austin Jr. High School (Rep) (Dem) 4
3410 Austin Robert Thompson Margaret Carter
Beaumont, TX 77706 4855 Dellwood Lane 1220 Rikisha
892-0193 Beaumont, TX 77706 Beaumont, TX 77706
892-5104 782-2341
69 Nederland Recreation Center (Rep) (Dem) 5
2300 Ave. H Wanda Lilley Ruby Casto
Nederland, TX 77627 3001 8th St#47 1603 Ave C
724-0773 Port Neches Tx 77651 Nederland, TX 77627
722-0004 722-1616
70/45/95/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/95/109) (with PCT 45/95/109)
Port Arthur, TX 77642
983-3286
71 Taft Elementary (Rep) (Dem) 1
2500 Taft Alice Windle Phyllis Jean Lee
Port Arthur, TX 77640 6927 Olympic Dr. 1529 Joe Louis Ave.
962-2262 Port Arthur, TX 77642 Port Arthur, TX 77640
982-3138 985-7451
72 Wesley United Methodist (Rep) (Dem) 3
Church Elizabeth Gibbs Barbara Loden
3810 N. Major Drive 830 Stacewood 7730 Spurlock Rd
Beaumont, TX 77713 Beaumont, TX 77706 Beaumont, TX 77713
892-7012 673-1234 899-1069
73 George Marshall Jr. High (Rep) (Dem) 4
School Jennifer Pate Herman Granger
6455 Gladys 6645 Windwood Ln. 3760 Robinson
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont,TX 77708
866-4174 866-3592 892-0186
74 Fire Station Meeting Room (Rep) (Dem) 4
3707 Central Blvd Sandra Plock Helen Benoit
Nederland, TX 77627 1315 Travis St. 1412 Houston Ave.
722-6922 Nederland, TX 77627 Nederland, TX 77627
729-3911 722-7656
344-1708
75 Lamar- Health & Human (Dem) (Rep) 2
Performance Complex A Diane Dennis Leni Carothers
East Lavacca at University 4975 Tupelo 3189 Williamsburg Ln
Drive Beaumont, TX 77708 Pt. Neches,TX 77651
Beaumont, TX 77705 924-8498 729-8105
880-7011 338-5339
76 William B. Travis Elementary (Dem) (Rep) 4
1115 Lakeview Rodney Tizeno Gunther Brunow
Port Arthur, TX 77642 3610- 12th St. 1724 Duff Dr.
982-2891 Port Arthur, TX 77642 Port Arthur, TX 77642
982-8534 983-3656
77 St. Pius X School (Dem) (Rep) 3
3355 McHale Julia Roberts
Beaumont, TX 77708 890 Prairie St.
892-3316 Beaumont, TX 77701
835-4842
78/27/86 Vincent Middle School
350 Eldridge (with PCT 27/86) (with PCT 27/86)
Beaumont, TX 77707
866-1491
79/100 Tennis Center (Rep) (Dem) 3
6455 College John Mistrot Edwin Bearb
Beaumont, TX 77707 367 Georgetown 7455 Prestwick Cir.
866-2833 Beaumont, TX 77707 Beaumont, TX 77707
866-4378 842-6789
893-7870
80/56 C.O. Wilson Jr. High School
2620 Helena Ave. (with PCT 56) (with PCT 56)
Nederland, TX 77627
727-6224
81/52/53 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/53) (with PCT 52/53)
Entrance
Port Arthur, TX 77640
982-4336
82 Cedar Park Community Room (Rep) (Rep) 4
7601 -9th Avenue Lola Snyder Rita Brehmer
Port Arthur, TX 77642 2038 Williams 2335 Oaklawn
722-0459 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4785 985-9560
748-0885 ce;;
83 Central Jr. High School (Rep) (Dem) 3
200- 17th St. James Porter Reid Pletcher
Nederland, TX 77627 2103 Canal St. 116-3rd St.
727-5765 Nederland, TX 77627 Nederland, TX 77627
722-5470 721-5810
84 Fehl Elementary (Dem) (Rep) 3
3350 Blanchette Clara Bell Oliver Connie Teuscher
Beaumont, TX 77701 1180 Skipwith 825 Thomas Rd.
835-3871 Beaumont, TX 77701 Beaumont, TX 77706
832-3028 899-4001
85 PACE Union Hall (Dem) (Rep) 3
2490 S. 11th St. Alice M. Dyes Mary Randall
Beaumont, TX 77701 4665 Corley 4255 Corley
842-3952 Beaumont, TX 77707 Beaumont, TX 77707
842-0953 842-8204
86/27/78 Vincent Middle School
350 Eldridge (with PCT 27/78) (with PCT 27/78)
Beaumont, TX 77707
866-1491
87/88/99 Pine Burr Baptist Church (Dem) (Rep) 3
5095 Pine Burr Blvd. Jackie Duriso Wallce Domingue
Beaumont, TX 77708 5550 Folsum#166 5620 Concord Rd.
892-4974 Beaumont, TX 77706 Beaumont,TX 77708
767-5107 898-0976
656-0803
88/87/99 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/99) (with PCT 87/99)
Beaumont, TX 77708
892-4974
89 Ridgewood Retirement Center (Dem) (Rep) 2
2520 IH 10 East Darlyne Dorsey Debra Holmes
Beaumont, TX 77705 1250 Condon 128 Fir Ln
899-2531 Beaumont, TX 77701 Beaumont,Tx 77713
835-9908 753-3365
90/17/26 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/26) (with PCT 17/26)
Beaumont, TX 77707
866-2700
91/30 Fannett Elementary
23395 Burrell Wingate (with PCT 30) (with PCT 30)
Beaumont, TX 77705
794-1412
92 First Baptist Church (Rep) (Dem) 3
Blewett Road Harold Jones Annie Devault
Cheek, TX 77705 PO Box 2018 4265 Corley
842-1237 Winnie, TX 77665 Beaumont, Tx 77707
243-2614 842-1400
656-6577
93/47/10 O.W. Collins Retirement Center
2 4440 Gulfway (with PCT 47/102) (with PCT 47/102)
Port Arthur, TX 77642
982-6441
94/57/58 Jefferson County
Sub-Courthouse (with PCT 57/58) (with PCT 57/58)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
95/45/70/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/70/109) (with PCT 45/70/109)
Port Arthur, TX 77642
983-3286
96/46 Park Place Fire Station
3300 Memorial Blvd. (with PCT 46) (with PCT 46)
Port Arthur, TX 77642
985-8920
97 NO RESIDENTS
98/35/10 Full Gospel Christian Center
6 9401 Hwy. 69 (with PCT 35/106) (with PCT 35/106)
Port Arthur, TX 77640
724-1271
99/87/88 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/88) (with PCT 87/88)
Beaumont, TX 77708
892-4974
100/79 Tennis Center
6455 College (with PCT 79) (with PCT 79)
Beaumont, TX 77707
866-2833
101/31/1 Labelle-Fannett VFD
08 3473 Pine Tree Rd. (with PCT 31/108) (with PCT 31/108)
Beaumont, TX 77705
796-1529 .
102/47/9 O.W. Collins Retirement Center
3 4440 Gulfway (with PCT 47/93) (with PCT 47/93)
Port Arthur, TX 77642
982-6441
103 NO RESIDENTS
104/116 Calvary Baptist Church (Rep) (Dem) 5
3650 Dowlen Rd. Frank Thomas Helen Stone
Beaumont, TX 77706 3599 Briar Creek Dr. 2260 21 st St
898-7074 Beaumont, TX 77706 Beaumont, TX 77706
347-1623 898-4633
105 NO RESIDENTS
106/35/9 f=ull Gospel Christian Center
8 9401 Hwy. 69 (with PCT 35/98) (with PCT 35/98)
Port Arthur, TX 77640
724-1271
107 NO RESIDENTS
108/31/1 Labelle-Fannett VFD
01 3473 Pine Tree Rd. (with PCT 31/101) (with PCT 31/101)
Beaumont, TX 77705
796-1529
109/45/7 Stilwell Technical Center
0/95 4801 9th Avenue (with PCT 45170/95) (with PCT 45/70/95)
Port Arthur, TX 77642
983-3286
110 NO RESIDENTS
111 NO RESIDENTS
112 NO RESIDENTS
113 NO RESIDENTS
114 NO RESIDENTS
115 NO RESIDENTS
116/104 Calvary Baptist Church
3650 Dowlen Rd. (with PCT 104) (with PCT 104)
Beaumont, TX 77706
898-7074
EXHIBIT " C "
Carolyn L. Guidry
COUNTY CLERK
Theresa Goodness JEFFERSON COUNTY
Chief Deputy P. O.Box 1151
Beaumont,Texas 77704
409-835-8475 Phone Email Address:
409-839-2394 FAX coLm clerk6n)co.jefferson.tx.us
EARLY VOTING LOCATIONS AND HOURS FOR
MAY 12,2007 JOINT ELECTION
CONSTITUTIONAL AMENDMENT ELECTION
AND POLITICAL SUBDIVISION ELECTIONS
COURTHOUSE EARLY VOTING LOCATIONS AND HOURS:
Beaumont Courthouse 1001 Pearl St., Beaumont, Texas
Port Arthur Sub-Courthouse 525 Lakeshore Dr., Port Arthur, Texas
April 30—May 4 Monday-Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
BP:ANCH EARLY VOTING LOCATIONS:
Sterling Pruitt Activity Center 2930 Gulf Street, Beaumont, Texas
Roger's Park Community Center 1455 Dowlen Rd., Beaumont, Texas
Theodore Johns Library 4255 Fannett Rd., Beaumont, Texas
Precinct One Service Center 1201 W. Hwy. 90, China, Texas
Nederland City Hall 1400 Boston Avenue, Nederland, Texas
Groves City Hall 3947 Lincoln Avenue, Groves, Texas
Port Arthur Public Library 4615 Ninth Ave, Port Arthur, Texas
Effie & Wilton Hebert Library 2025 Merriman, Port Neches, Texas
EARLY VOTING HOURS FOR THESE BRANCH LOCATIONS:
April 30—May 4 Monday- Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
EXHIBIT " D "
Mr. Joe B. Wilson Dr. Bruce Drury Ms. Mary Motley
1855 Euclid 3555 Long 200 E. 9th Street
Beaumont, Texas Beaumont, Texas Port Arthur, Texas
77705 77706 77640
Mr. Nelson Mouton Mr. Rudolph Antoine Mr. Richard Foulk
4276 Cadillac 4640 St. Louis 3670 Crestwood
Beaumont, Texas Beaumont, Texas 77705 Beaumont, Texas 77706
77705
Dr. Charles Walker Mr. Randall Rosenberry Mr. Walter Lombard Jr.
5770 Fleetwood Ln. 7815 Sheila Ln. 5215 Gail Dr.
Beaumont, Texas Beaumont, Texas 77713 Beaumont, Texas 77708
77706
Ms. Gail Peterson
1078 W. Lucas Dr.
Beaumont, Texas
77706
Early Voting Ballot Board
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Joint Election
Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
4
March 20, 2007
Consider approving an ordinance allowing for an additional six(6)months for the parking, use
and occupancy of recreational vehicles and travel trailers on residential property as temporary
living quarters by property owners while the damage to these properties caused by Hurricane Rita
is being repaired
I
City o f Beaumont
cl Council Agenda Item
�IN c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 5, 2007
REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional
six (6) months for the parking, use and occupancy of recreational
vehicles and travel trailers on residential property as temporary living
quarters by property owners while the damage to these properties
caused by Hurricane Rita is being repaired.
RECOMMENDATION
The Administration recommends approval of an ordinance allowing for an additional six(6)months
for the parking,use and occupancy of recreational vehicles and travel trailers on residential property
as temporary living quarters by property owners while the damage to these properties caused by
Hurricane Rita is being repaired.
BACKGROUND
Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council
approved Ord.No.05-078 which allows residents to park,use and occupy recreational vehicles and
travel trailers on their properties while repairs to their homes are being made. This ordinance
specified a time frame of six (6) months. On April 4, 2006 and September 26, 2006, the City
Council approved Ord. No. 06-021 and Ord. No. 06-064, granting a six (6) month extensions.
However, due to many unresolved issues, there are still a large number of individual property
owners who are unable to get back in their homes. Allowing the continued use of recreational
vehicles and travel trailers as living quarters for an additional six (6) months would benefit those
whose homes are still under construction. It would be in the best interest of these residents to allow
them to remain close to their properties during this time of repair. It not only allows them to protect
their property by being there, but also allows them to renjain in the City of Beaumont while their
properties are being repaired.
At a Public Hearing held on October 11,2005,the City Council approved Ord.No.05-078 allowing
for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel
trailers on residential property as temporary living quarters by property owners while the damage to
these properties caused by Hurricane Rita is being repaired. By approving Ord.No.06-021 on April
4,2006 and Ord.No.06-068 on September 29,2006,the City Council,each time,extended the time
period for six months.
Recommended by City Manager, City Attorney,Public Works Director
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY DURING THE PERIOD OF
REPAIR OR RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANE RITA; PROVIDING
FOR SEVERABILITY; AND PROVIDING A PENALTY.
WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078
allowing for a period of six (6) months the parking, use and occupancy of recreational
vehicles or travel trailers as temporary housing during the period of repair or reconstruction
of hurricane-damaged properties; and,
WHEREAS, on April 4, 2006, and September 26, 2006, City Council approved
Ordinance Nos. 06-021 and 06-064, each granting a six (6) month extension; and,
WHEREAS, a large number of individual property owners still are presently unable
to occupy their residences; and,
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont to extend the privilege for an additional six (6) month period to allow
recreational vehicles or travel trailers to be occupied on residential property as temporary
housing during the period of repair or reconstruction of hurricane-damaged properties
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT it is hereby permitted for an additional period of six (6) months from the
effective date of this ordinance the parking, use, and occupancy of recreational vehicles
or travel trailers on residential property as temporary living quarters by property owners
while the damage to these properties caused by Hurricane Rita is being repaired.
Section 2.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes of occupancy as temporary living quarters on any street, highway,
alley, sidewalk, or other public place in the City of Beaumont.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
5
March 20, 2007
Consider approving a contact for litter removal services for City rights-of-way
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a contract for litter removal
services for City rights-of way.
RECOMMENDATION
Administration recommends the award of an annual contract to Beaumont Products and Services,
Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at
a rate of$12.64 per person,per hour worked. The contract will be effective April 1,2007.
BACKGROUND
Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit State certified
workshop. State certified workshops encourage and assist disabled persons to achieve maximum
personal independence by engaging in useful and productive activities.Job programs are designed
for disabled individuals and marketed throughout the community. The State exempts political
subdivisions from competitive bidding requirements when contracting with a certified workshop.
BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In
1996,the contract was changed to provide litter removal services on a pay per hour worked basis.
This method allows staff to select the area in which litter removal services are of greatest need and
assign the contractor to that area.
BPS provides a crew of four(4)collection personnel and one(1)supervisor/driver,five(5)days per
week, excluding City holidays. BPS will be paid $12.64 per hour, per person worked. This cost
includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate
provides the City with the option of using the crews only when and where needed.
The hourly price of$12.64 reflects a 2.5%increase above the previous hourly rate of$12.33 which
Contract for Litter Removal
March 12,2007
Page 2
was effective since April 2006. BPS requested the increase to cover rising insurance costs. During
the past twelve months, BPS has worked approximately 9,525 labor hours,removing about 1,570
cubic yards of litter, at an estimated cost of$117,443.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual contract with
Beaumont Products and Services, Inc. for furnishing litter removal services on arterial
street rights-of-way and other specific areas at a rate of$12.64 per person per hour worked
effective April 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
6
March 20,2007
Consider approving a contract for mowing privately owned developed and vacant properties in
I of weed ordinances
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing privately
owned developed and vacant properties in violation of weed
ordinances.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing privately owned developed and vacant properties for the unit prices stated in the attached
tabulation resulting in the estimated annual cost of$81,400.
BACKGROUND
Privately owned properties are in violation of the City's weed ordinance when uncultivated growth
exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time
to bring the property into compliance. If property owners fail to comply with the ordinance, the
City's contractor mows the property and the property owner is fined.
Bids were solicited for an annual contract to provide this mowing service for the Public Health
Department, Code Enforcement Division. Specifications requested a minimum price for cutting
properties 6,500 square feet or less in size,a second price per square foot for properties greater than
6,500 square feet but less than an acre,and a third price per acre for properties greater than one(1)
acre.The majority of the properties are standard size lots between 6,500 and 8,500 square feet.Bids
received are detailed on the attached tabulation.The apparent low bid was withdrawn by the vendor.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each day.All properties must be mowed within five(5)days after notification.
Inspection of the properties will be made by the representatives in the Code Enforcement Division
prior to payment to ensure compliance with the specifications.
Mowing Contract-Privately Owned Properties
March 12,2007
Page 2
BUDGETARYIMPACT
Fiends are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$81,400.
e �'
11 11 11�= a. ail II
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT PROPERTY
BID OPENING DATE: THURSDAY,MARCH 1,2007 @ 2:00 PM
BID NUMBER: TF0207-33
City Beaumont,TX J, _ Beaumont,TX _ il_ Beaumont,TX i! North Star Unlimited
[Vendor The Garden of Gethsemane Perfect Cut Lawn Care Yardbo Lawncare
_ Beaumont,TX
-- ------
� it Est.Annual Qty. � Unit Pnce Ext. Price i' Unit Prim][-Ext. Pri �� -'r Unit Price ii ExtExt P irceirce
—Price �� Unit Price �xt. Price ��.
6,500 sq.ft.or less minimum bid 600 cuttings $63.00 $37,800.00 $15.00 $9,000.00 j 23 00 $19,200.00 !; $23.50 $14,100.00
6,500 sq.ft.up to one acre 24,000,000 sq.ft. $0.0015 $36,000.0011 $0.0030 $72,000.0011 $0.0031 $74,400.00 $0.004351 $104,400.00ii
One acre or greater J 1O parcel> 1_acre _ $180.00 $1,800.00;`____$40.00 _--_ $400.00 1 _______$80.001 $800.00 : _ $130.00 j $1,300.00
--
TOTAL �� ***$75,600.OQ $81,400.00!1 $94,400.00;!_ 0�
-- - ---- ***BID WITHDRAWN ----- ---- — -- ----
$119,800.00
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for mowing privately-owned
developed and vacant properties in violation of weed ordinances; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid for the unit
prices stated in the tabulation below, resulting in an estimated annual cost of $81,400:
Est. Annual Qty. Unit Price Ext. Price
6,500 s .ft. or less minimum bid 600 cuttings $15.00 $9 000.00
6,500 s .ft. up to one acre 24,000,000 s .ft. $0.0030 $72,000.00
One acre or greater 10 parcel > 1 acre $40.00 $400.00
TOTAL $81,400.00
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut
Lawn Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing privately-owned developed and vacant properties for the unit prices
stated above for an estimated annual cost of $81,400 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
7
March 20,2007
Consider approving a contract for mowing City-owned and abandoned developed and vacant
properties
City Council Agenda Item
NNE
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing City-
owned and abandoned developed and vacant properties.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing City-owned and abandoned developed and vacant properties for the unit prices stated
in the attached tabulation resulting in the estimated annual cost of$45,420.
BACKGROUND
City-owned properties consist of donated property and lots purchased for neighborhood revitalization
or street rights-of-way. Abandoned property is privately owned but the owners cannot be located.
Currently,there are approximately 270 parcels of City-owned property ranging from 625 square feet
to approximately 3.3 acres and 95 parcels of abandoned property ranging in size from 1,625 square
feet to 28,675 square feet or approximately .7 of an acre. The Public Health Department, Code
Enforcement Division staffmaintains a list of these properties and requires a contractor to mow them
every six (6)weeks during the growing season.
Bids were solicited for an annual contract to provide this mowing service. Contract specifications
requested a minimum price for cutting properties 6,500 square feet or less in size,a second price per
square foot for properties greater than 6,500 square feet but less than an acre,and a third price per
acre for properties greater than one (1) acre. The majority of the properties are standard size lots
between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each week. All properties must be mowed within five (5) days after
notification. Inspection of the properties will be made by a representative from the Code
Mowing Contract-City-Owned and Abandoned Properties
March 12,2007
Page 2
Enforcement Division prior to payment to ensure compliance with the specifications.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$45,420.
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT
CITY OWNED &ABANDONED PROPERTY
BID OPENING DATE: THURSDAY, MARCH 8, 2007 @ 2:00 PM
BID NUMBER: TF0207-34
(Vendor 1 Perfect Cut Lawn Care IIr Yardboy Lawn Caret North Star Unlimited
City/State _ Beaumont, TX —__JL Beaumont, TX Beaumont, TX
Est. Annual Q Unit Price Ext. Price Price ? Ext. Price Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings 15.00 $7,500.001, $16.00 $8,000.00 14.00 $7,000.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.0011 $0.0026 ( $39,000.00 $0.0028 $42,000.00
One acre__or greater _ _ 7 parcel > 1 acre I $60.00!, $420.00 $85.00 $595.00 $142.50_ $997.50
[TOTAL -- - -_ ---$45,420.0[ $47,595.00 j $49,997.50
Vendor Champion Bush-hogging lj Garden of Gethsemane
City/State Beaumont, TX-----_ l Beaumont, TX
Est. Annual Qty. Unit Price Ext. Price ]�U_ni_t Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $20.00 j $10,000.00 $63.001 F$31,11500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. 1 $0.003096 I $46,440.00 $0.0027 $40,500.00
One acre or greater (I 7 parcel > 1 acre $115.00 I!, $805.00' $72.00 1 $504.00
-- --- --- 245.00 F -- 504.00]
57, $72,
RESOLUTION NO.
WHEREAS, bids were received fora contract for mowing City-owned and abandoned
and vacant properties; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid in the
estimated annual amount of $45,420 in the unit amounts as shown below:
Est. Annual Qty. Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $15.00 $7,500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.00
One acre or greater 7 parcel > 1 acre $60.00 $420.00
TOTAL $45,420.001
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn
Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing City-owned and abandoned and vacant properties in the amount of
$45420 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
8
March 20, 2007
Consider approving a bid for purchasing standby generator power systems to be used at several
fire stations and at City Hall
r
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a bid for purchasing standby
generator power systems.
RECOMMENDATION
Administration recommends awarding a bid for purchasing six(6)standby generator power systems
for installation as noted herein to A & A Electric Company of Beaumont in the total amount of
$122,630.
BACKGROUND
The generator sets specified in the bid will provide standby emergency generator power to the Fire
Station Numbers 1, 5, 6, and 14, as well as Fire Headquarters and City Hall Technology Services
Department as indicated below. These facilities currently have no permanent emergency power
systems for occurrences of power outage.Each generator set will include a transfer switch which will
allow the system to come on-line automatically when necessary,and upon restoration of utility power
will automatically retransfer the electric load to normal operation and shut down the generator.
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
Purchase of six(6)Generators
March 12,2007
Page 2
Five(5)bids were received as reflected in the attached bid tabulation. The Building Services staff
has reviewed the specifications for the equipment submitted by A&A Electric Company and has
determined it meets all performance requirements.
Installation of the generator systems will be provided by a private electrical contractor.Bids will be
solicited for this purpose.
BUDGETARYIMPACT
Funds for the purchase of the generators in the total amount of$122,630 will be provided by a 2005
State Homeland Security Program(SHSP)grant, with no matching funds required.
The installation of generators at the Fire Department facilities is estimated at$43,500 and has been
budgeted in the Building Services operating budget.The installation of the generator at City Hall is
estimated at $25,000 and will be funded by the Capital Reserve Fund. Total installation costs are
estimated at$68,500.
BID TABULATION:PURCHASE OF STANDBY GENERATOR POWER SYSTEMS
BID OPENING DATE: THURSDAY,FEBRUARY 15,2007 @ 2:00 PM
BID NUMBER: TF0107-30
(tire vendor A&A Electric Co. Equipment Parts&Service Emergency Power Serrnce� Austin Generator Service j Austin Generator Service
Ci /State Beaumont,TX Beaumont,TX Beaumont,TX Austin,TX Austin,TX !
Fax Number - 409.842.5230 409.183.4616 409.892.5725 _J_ 512.251.3315 _ 512.251.3315
unit rice! e!.price unit price ext.price unit prime ext. 'ce unit rice ext.pnce�[ unit price ext.price
100 kW Power System - � �
1 _ Diesel-Fire Station#1 i $30,9�00 $30,9601:1 $29,426.07 $29,426.07 $32,988.00 32,988.00 $34,287.00.i $34,287.0011 $30,968.00 $30,968._00
Manufacturer&Model i' Generac SD100 ! Kohler 100RE0ZJD Generac SDI 00 _ Gillette _ �- Baldor
�Delivery_ Time -- - !�- ---- - � - - ;� --- -�
30 to 40 days 10 to 12 wks 6 to 8 wks L_ 21 wks 21 wks
[ unit price ext.price unit rice L-ext. rice u-nit ext.price unit price-I ext.once unft arice ext.price
[Natural 0 kW Power System -
3 Gas-#5,6&14 $16 300.00 8900,001 19 298.52 57 895.56 23 8 8. '��$ $ _$ 6 00 $71,604.00 $24,325.00 $72,975.001,x$25,656.00 $76,968.00
---
Manufacturer&Model - - _ Generac QT06030GNSN Kohler 60rzg - Generac SGO70 Gillette Baldor
---
Delive Time 30 to 40 days _ 10 to 12 wks 6 to 8 wks 21 wks
21 wks
[_Unit Price ext.price Unit price ext.price [ Urrit once�-ext. rice unit 'ce ext price unit rice= ext.price_
180 kW Power System ---- -- ���--- �� �
1 jlNaturalGas-Fire HQ ,_$18,755.00 $19,755.00' $22,945.08i1 $22,945.08 $25,184.00$25,184.00;; $29,034.00 $29,034.00 .00 ' $30,213.00
Manufacturer&Model I.LGenerac QT 08046GNSN Kohler-80 RZG Generac SGO070 Gillette Baldor
[Delivery Time __.___- _ 30 to 40 days 1 10 to 12 wks 6 to 8 wks_ _ 21 wks j 21 wks
r- -- u�� ext.price
unit price �_ext.price J unit rice ext.price l�unit price �� ext-pn'ce once unit _ ]i ext. '
'100 kW Power System � ����
1 Natural Gas-City Hall $23,025. $23,025.00',$23,012.49! $23,012.49 $27,144.00 $27,144.00 $28,067.00 $28,067.00 $34,782.00 $34,782.00
Manufacturer&Model Generac QT10068KNSN i; Kohler 100 RZG Generac QTA 10068 Gillette Bailor
- - -
Delivery Time _ 7 30 to 40 dap
J 10_to 12 wks 6 to 8 wks_ __ 21 wks 21 wks
- -- - _ -
[_ TOTAL BID: -_ $122 630.00J[_ - $133 279.20 _ $1_56,920.00J _ _ $164,363.001! _$172 931.00 l
RESOLUTION NO.
WHEREAS, bids were received for purchasing six (6) standby generator power
systems for installation as shown below:
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
arid,
WHEREAS, A & A Electric Company, Beaumont, Texas, submitted a bid in the
amount of$122,630 in the unit prices shown below:
unit price price
1 100 kW Power System Diesel - $30,950.00
Fire Station#1
Manufacturer& Model Generac SD100
Delivery Time 30 to 40 days
3 60 kW Power System Natural $16,300.00 $48,900.00
Gas -#5,6& 14
Manufacturer& Model Generac QT06030GNSN
Delivery Time 30 to 40 days
1 80 kW Power System Natural $19,755.00 $19,755.00
Gas-Fire HQ
Manufacturer& Model Generac QT 08046GNSN
Delivery Time 30 to 40 days
1 100 kW Power System Natural $23,025.00 $23,025.00
Gas -City Hall
Manufacturer& Model Generac QT10068KNSN
Delivery Time 30 to 40 days
TOTAL BID: $122,630.00
arid,
WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric
Company, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by A&A Electric Company, Beaumont, Texas, for purchasing six
(6) standby generator power systems for installation as shown above in the amount of
$122,630 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
9
March 20, 2007
Consider approving the purchase of a hazardous environment detection system for use by
emergency workers
City Council Agenda Item
Nu
• EL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider the purchase of a RAE System hazardous
environment detection rapid deployment kit system.
RECOMMENDATION
Administration recommends the purchase of a RAE System hazardous environment detection rapid
deployment kit system through the Houston-Galveston Area Council (H-GAC) Cooperative
Purchasing Program at a total cost of$99,435,with the equipment to be ordered from RAE Systems
of San Jose, CA.
BACKGROUND
The release of toxic materials presents emergency first responders with the immediate challenge to
determine what actions are needed to protect nearby populations. Immediate questions need to be
answered regarding toxic plume travel direction and concentration levels, and decisions must be
made regarding evacuations and road closures.The RAE Systems Rapid Deployment Kit(RDK)is
a state of the art device for detection and continuous monitoring of toxic gases which may be
released during hazardous material incidents.
The RDK consists of six(6)portable wireless multi-gas detection devices and a controller equipped
with a portable computer and software that tracks data sent from the detection devices by radio
transmission. The equipment measures concentrations of flammable and explosive gases, oxygen,
carbon monoxide, and hydrogen sulfide. Emergency workers can deploy the detectors into the
hazardous area and return to a position of safety. The controller is capable of monitoring data
transmitted from the detectors up to two (2) miles away. This reduces the potential for injury to
workers from exposure to toxic substances.
Purchase of RAE System
March 12,2007
Page 2
The proposed system includes the following components:
Description Price
Rapid Deployment Kit System Package $39,000
including 4 AreaRae Detection Devices
2 additional AreaRae Detection Devices 13,100
Monitor and 4-gas plus Isobutylene Calibration Kit 700
P1umeRAE Software Primary License 30,000
P1umeRAE Weatherpak Weather Station Package 13,750
RaeLink2 Repeater Package, Modem Extension Package 2,000
Carrying Case 500
Battery Charger and Cables 85
Shipping and Handling 300
Total Cost $99,435
Delivery is expected in approximately thirty(30)days.
BUDGETARYIMPACT
Funds for the expenditure will be provided by a 2005 State Homeland Security Program (SHSP)
grant, with no matching funds required.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a RAE System hazardous
environment detection rapid deployment kit system through the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program at a total cost of $99,435.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
10
March 20, 2007
Consider approving a bid for construction of a building at the Landfill
1U7QjCity Council Agenda Item
�Z c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 13, 2007
REQUESTED ACTION: Council award a bid for the construction of a building at the
Landfill.
RECOMMENDATION
Administration recommends the award of a bid to Goss Building, Inc. in the amount of$95,000 for
furnishing all labor,materials,equipment and supplies to construct a new ticket booth at the Landfill.
BACKGROUND
Four(4)bids were received on Thursday,March 8,2007 for furnishing all labor,materials,equipment
and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new
building will replace an older structure that has been onsite for over ten (10) years. The current
building is a modified portable building built on skids.
The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre-fabricated concrete building with a
built-in work station and an ADA compliant restroom. The new building will be air conditioned and
equipped with necessary cabling for computer and phone line access.
The building is located at the entrance of the Beaumont Landfill located on Lafin Road. All
customers must check-in at this site prior to entering. This booth is manned during normal working
hours for verification of loads and payments.
In addition to the building,the paved drive will be widened to accommodate the trucks entering the
Landfill. This contract includes all concrete paved additions,electrical,plumbing and fixtures,HVAC
and associated ducts and grilles and set up of building.
Landfill Ticket Booth
March 13, 2007
Page 2
The bids received are as follow:
Contractor Price Completion Time
Goss Building, Inc. $95,000.00 75 calendar days
Beaumont, TX
Specialized Construction $99,400.00 90 calendar days
Beaumont, TX
Bruce's General Construction $104,269.00 60 calendar days
Beaumont, TX
Cleveco Construction $134,250.00 90 calendar days
Lumberton, TX
Goss Building, Inc. planned to subcontract 22% of the project to an MBE. The subcontractor
identified in his schedule is not a city or state certified MBE4RJB. The subcontractor has been
contacted and plans to submit an application for certification. The General Contractor also noted that
vendors from the City's current MBE list were contacted for bids but none responded.
BUDGETARY IMPACT
Finding is available in the Solid Waste Fund.
RESOLUTION NO.
WHEREAS, bids were received for furnishing all labor, materials, equipment and
supplies to construct a new ticket booth at the Landfill; and,
WHEREAS, Goss Building, Inc., Beaumont, Texas, submitted a bid in the amount
of $95,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Goss Building,
Inc., Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Goss Building, Inc., Beaumont, Texas, for furnishing all labor,
materials, equipment and supplies to construct a new ticket booth at the Landfill in the
amount of$95,000 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
11
March 20, 2007
Consider approving a bid to furnish draperies for the Julie Rogers Theatre
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 6, 2007
REQUESTED ACTION: Council approval of a bid to furnish draperies for the Julie
Rogers Theatre.
RECOMMENDATION
Approval of a bid for furnishing and installing draperies on nineteen(19)windows at the Julie Rogers
Theatre to McKnight Drapery Service in the amount of$84,500.
BACKGROUND
One bid was received for furnishing and installing draperies for the north and south lobbies and 2'
floor lobby windows at the Julie Rogers Theatre. Local manufacturers as well various vendors in and
out of state were notified of the bid. Most companies contacted declined to submit a bid because of
the limited completion time and the time required to make an onsite visit. Staff has been in contact
with McKnight Drapery and fabrics selected should be delivered in time to complete the project by
April 30.
The drapes include a triple over swag with cascading drapes tied back to reveal the gold accented
wall medallions. Fabric used in the manufacturer of the drapes will meet all fire and building code
requirements.
BUDGETARY IMPACT
The cost of the drapes will be submitted to the City's insurance carrier for reimbursement.
RESOLUTION NO.
WHEREAS, one (1) bid was received for furnishing and installing draperies for the
Julie Rogers Theatre; and,
WHEREAS, McKnight Drapery Service submitted a bid in the amount of$84,500;
and,
WHEREAS, City Council is of the opinion that the bid submitted by McKnight
Drapery Service should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THATthe bid submitted by McKnight Drapery Service for furnishing and installing draperies
on nineteen (19) windows in the north and south lobbies and second floor lobby windows
in the amount of $84,500 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
12
March 20, 2007
Consider authorizing the City Manager to apply for and receive funding through the Emergency
Management Performance Grant (EMPG)
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of PoliceC�
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$79,361 through the
Emergency Management Performance Grant(EMPG).
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Emergency Management Performance Grant (EMPG).
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist states and local
governments in developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System,planning,and training mandates.The federal funding guidelines are envisioned to cover half
the anticipated operating expenses which are currently funded solely through the city's budget.
BUDGETARYIMPACT
City would receive grant funding in a total amount of$79,361 which would halve the$158,722 the
City currently anticipates spending in fiscal year 2007.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
in the amount of $79,361 through the Emergency Management Performance Grant
(EMPG) program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
13
March 20,2007
Consider authorizing the City Manager to apply for and receive funding through the Department
of Homeland Security 2007 Port Security Grant Program to enhance the security of the Port of
Beaumont
N
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$1,825,000 through the
Department of Homeland Security 2007 Port Security Grant
Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Department of Homeland Security 2007 Port Security Grant Program.
BACKGROUND
The Department of Homeland Security Port Security Grant Program can be utilized to enhance the
security of the Port of Beaumont which has been designated as critical to national infrastructure. The
grant funds would be used for the purchase of 100 in-car camera systems, communication
interoperability mobile antenna repeater system with two microwave backup links for existing
repeater towers,and a fully equipped Chemical Biological Radiological Nuclear Explosive(CBRNE)
Incident Response vehicle. This equipment would enhance Detailed information is attached for your
review.
BUDGETARY IMPACT
City would receive grant funding in a total amount of $1,368,750 with the City of Beaumont
responsible for $456,250. Funding will be provided by the Capital Programs Fund.
COTP Zone: Port Arthur
Port Area: Sabine Neches River
Name of Applicant: Beaumont Police Department
Document Type: Budget
Budget Cate2ory Federal Amount Non-Federal Amount
Personnel $0.00
Fringe Benefits $0.00
Equipment $1,368,750 $456,250
In-car camera system for 100 vehicles with data link and storage capability
total:$ 595,000
Communication Interoperability mobile erectable antenna repeater system and
two microwave backup links to existing repeater towers with support equipment
total:$1,020,000
One (1) fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System total:$ 210,000
Supplies $0.00
Construction $0.00
Consultants $0.00
Other Costs $0.00
Indirect Costs $0.00
Total Project Costs: $1,825,000
Federal Request $1,368,750
Non-Federal Amount $ 456,250
Budget Narrative
• The Beaumont Police Department(BPD)respectfully requests funding to obtain
the described equipment to enhance its ability to prevent, detect,prepare for,
exercise command and control and respond to any criminal activity on the
waterway within the Port of Beaumont infrastructure, and to assist other regional
agencies in their support. BPD is depended upon to provide security, intelligence
and command and control as well as respond to criminal or terrorist activity due
to its size, expertise, equipment, and manpower capabilities. BPD must have the
ability to effectively protect first responders during identification, acquisition and
apprehension of hostile force(s),particularly with a threat as potentially deadly as
an explosive detonated in a port facility supporting the national war on terror and
potential conflagration of surrounding refineries. This equipment is directly tied
to mitigating identified security deficiencies, and will reduce vulnerability to the
viable threat of IEDs against shipping assets, and reduce the potential for injury
by personnel checking for threats. With the addition of three new LNG terminals
and the expansion of the Motiva Refinery to be the largest in the Nation,
Beaumont is becoming even more critical to the national infrastructure than it
already was.
• The digital in-car digital camera system with 100 unit cameras and supporting
primary and storage servers and infrastructure equipment will provide critical
surveillance capability to effectively and immediately communicate with
police headquarters, the Port of Beaumont, Jefferson County, U.S. Coast
Guard, and other agencies in this region. Wireless download capabilities and
system components tying in the existing mobile data computers will provide
immediate remote viewing capabilities to maintain command and control and
coordination of protection and response efforts.
Projected Cost: $595,000
• The communications interoperabilityproject includes one (1)mobile erectable
repeater antenna and support equipment and two (2) microwave backup links
and supporting equipment for two existing repeater towers. This project is
essential to maintain communications, command and control, conduct
information searches and report incidents and coordinate response during
emergencies or disasters where primary systems are rendered inoperable.
Projected Cost: $890,000
• One fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System to ensure all area police officers can safely deter, be
protected from, approach, cover, identify and address hazardous threats from
IEDs and hostile weapons fire. Police officers exposed to any hostility
currently have little to no protection against any potential threat without
access to this type of vehicle due to port infrastructure and terrain. This would
be a shared asset supporting the whole Southeast Texas region. Further, the
vehicle serves as a platform for conducting surveillance and detection
operations with the thermal and infrared imaging equipment provided under
previous round funding. The CBRNE response vehicle can be used to position
or service existing or additional surveillance equipment even in hostile
conditions. It will also serve as a command post and rescue vehicle during
potential hostilities. Additionally, this project will provide a crucial
requirement to become a Type I SWAT team under current NIMS guidance.
Projected Cost: $210,000
(12) Revocation of permit or license. For serious or repeated violations of any
of the requirements of this ordinance, or for interference with the
regulatory authority in the performance of its duties, the permit or license
may be permanently revoked after an opportunity for a hearing has been
provided by the regulatory authority. Prior to such action, the regulatory
authority shall notify the permit or license holder in writing, stating the
reasons for which the permit or license is subject to revocation and
advising that the permit or license shall be permanently revoked at the
end of five (5) days following service of such notice, unless a request for
a hearing is filed with the regulatory authority, by the permit or license
holder, within such a five-day period. A permit or license may be
suspended for cause pending its revocation or a hearing relative thereto.
If no request for hearing is filed within the five-day period, the revocation
of the permit or license becomes final.
(13) Service of notices. Notices provided for in this ordinance shall be deemed
to have been properly served when the original of the inspection report
form or other notice has been delivered personally to the permit holder or
person in charge, or such notice has been sent by registered or certified
mail, return receipt requested, to the last known address of the permit or
license holder. A copy of such notice shall be filed with the records of the
regulatory authority.
(14) Hearings. The hearings provided for in this ordinance shall be conducted
by the regulatory authority at a time and place designated by it. Based
upon the record of such hearing, the regulatory authority shall make a
final finding and shall sustain, modify, or rescind any official notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the permit or license holder by the regulatory
authority.
(15) Application after revocation. Whenever a revocation of a permit or license
has become final, the holder of the revoked permit or license may make
written application for a new permit or license.
Section 229.1716) Report of findings. This section is to be amended to add items
(7)--(9) to read as follows:
(7) Grading of food service establishments. Every food service establishment
in the City of Beaumont shall display, in a place designated by the
regulatory authority, a placard approved by the regulatory authority
stating the sanitary condition received at the time of the most recent
inspection of the establishment: Provided that temporary food service
establishments and retail food establishments shall not be subject to
grading. Immediately following each inspection of a food service
establishment, the regulatory authority shall post the appropriate sanitary
condition based upon the inspection findings, and shall issue an
appropriate notice in accordance with section 229.171 Q) of this
ordinance. Sanitary conditions of establishments shall be as follows:
TABLE INSET:
Superior An establishment whose rating scores were no more than twenty(20)
rating demerits on two consecutive prior inspections and whose rating score on the
third inspection is no more than twenty (20) demerits.
Above An establishment having a rating score of no more than twenty (20)
average
demerits.
rating
Average An establishment having a rating score of more than twenty(20) demerits
rating but no more than thirty(30) demerits.
Section 229.171(1)(2)(C). This subsection shall be amended to read as follows:
(C) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall initiate immediate corrective action on
all identified critical violations and shall initiate corrective action on all
other violations within 48 hours. Failure to initiate immediate corrective
action by the establishment may result in immediate suspension of the
permit or license by the regulatory authority. One or more reinspection
shall be conducted at reasonable time intervals to assure correction.
Section 229.171(n) Examination and detention of food. This subsection shall be
deleted to add new subsections (n)(1) and (2) to read as follows:
(n) Examination and condemnation of food.
(1) Food supplied under the provisions of this ordinance may be
examined or sampled by the regulatory authority as often as
necessary for enforcement of these rules. A receipt for samples
shall be issued by the regulatory authority. The regulatory
authority shall, upon written notice to the owner or person in
charge specifying the reason thereof, place under detention any
food which he/she determines or has probable cause to believe is
adulterated or misbranded in accordance with the provisions of
the Texas Food, Drug, and Cosmetic Act, Texas Health and
Safety Code, Chapter 431. The regulatory authority shall tag, label
or otherwise identify any food subject to detention. No food
subject to detention shall be used, served, sold or moved from the
establishment. The regulatory authority shall permit storage of the
food under conditions specified in a hold order. The hold order
shall specify with particularity the reasons therefor and shall state
that a request for hearing may be filed within ten (10) days, and,
that if no hearing is requested, the food shall be destroyed, a
hearing shall be held if so requested, and on the basis of evidence
produced at that hearing, the hold order may be vacated, or the
owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into
compliance with applicable laws. Such order of the regulatory
authority to denature or destroy such food or bring it into
compliance with the provisions of this ordinance shall be stayed if
the order is appealed to a court of competent jurisdiction within
three (3) days.
(2) Wherever the regulatory authority shall find in any food service
establishment or operations any food which is unsound, or
contains any filthy, decomposed or putrid substance, or that may
be poisonous or deleterious to health or otherwise unsafe, the
same being hereby declared to be a nuisance, the regulatory
authority shall forthwith condemn or in any manner render the
same unsalable as human food.
Section 229.171 shall be further amended to add a subsection (r)(1) and (2):
(r) Review of plans.
(1) Submission of plans. Whenever a food establishment is
constructed or extensively remodeled or whenever an existing
structure is converted for use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the regulatory
authority for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and model of
proposed fixed equipment and facilities. The regulatory authority
shall approve the plans and specifications if they meet the
requirements of all applicable laws. No food establishment shall
be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the
regulatory authority.
(2) Pre-operational inspection. Whenever plans and specifications are
required by subsection (229.171)(r) of this section to be submitted
to the regulatory authority, the regulatory authority shall inspect
the food service establishment prior to its beginning operation to
determine compliance with the approved plans and specifications
and with the requirements of all applicable laws.
(Code 1958, § 14-1; Ord. No. 83-120, § 2, 9-27-83; Ord. No. 84-32, § 2, 2-14-84; 84-
146, §§ 1, 2, 11-13-84; Ord. No. 87-65, § 1, 8-18-87; Ord. No. 88-48, § 1, 5-10-88; Ord.
No. 91-6, § 1, 1-15-91; Ord. No. 00-89, §2, 10-10-00)
Sec. 11-2. Adoption of U.S. Public Health Service Machine Vending
Ordinance and Code by reference; copy on file; amendments.
The definitions, the requiring of permits for the installation and operation of
vending machines; the prohibition of the sale of adulterated or misbranded food or drink,
and the enforcement of this section shall be regulated in accordance with the terms of
the unabridged form of "The Vending of Food and Beverages--1978 Recommended
Sanitation Ordinance of the Food and Drug Administration", a copy of which shall be on
file in the office of the city clerk; provided that the words "municipality of
" in said unabridged form shall be understood to refer to the City of
Beaumont and provided further that sections 6-601 and 6-602 of said unabridged
ordinance shall be deemed deleted.
(Code 1958, § 14-19; Ord. No. 84-32, § 3, 2-14-84)
Sec. 11-3. Reserved.
Editor's note: Ord. No. 00-89, § 3, adopted October 10, 2000, amended the Code by
repealing former§ 11-3 in its entirety. Former§ 11-3 pertained to health certificates, and
derived Code of 1958, § 14-8; Ord. No. 79-60, adopted August 7, 1979; Ord. No. 84-
130, adopted October 2, 1984; and Ord. No. 87-13, adopted March 10, 1987.
Sec. 11-4. Licenses generally--Issuance; standard fees.
(a) Upon approval of the application of all applicants, as filed with the health
department, the health department shall issue to the applicant a license or
permit.
(b) The amount of the license fees for applicants for each location, other than as
otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten (10) stools or chairs . . .
$ 5 00192.50
(2) Establishments having from eleven (11) to twenty (20) stools or chairs . . .
X99203.50
(3) Establishments having from twenty-one (21) to thirty (30) stools or chairs .
445-.W214.50
(4) Establishments having from thirty-one (31) to fifty (50) stools or chairs . . .
205:-99225.50
(5) Establishments having from fifty-one (51) to seventy-five (75) stools or
chairs . . . 24-5-.AA236.50
(6) Establishments having from seventy-six (76) to one-hundred (100) stools
or chairs . . . 225:99247.50
(7) Establishments having one hundred one (101) to one hundred fifty (150)
stools or chairs . . . 2354)9258.50
(8) Establishments having one hundred fifty-one (151) to two hundred (200)
stools or chairs . . . 2454)9269.50
(9) Establishments having over two hundred (200) stools or chairs .
255:00280.50
(10) Special food service establishments (per day) . . . 29Q89220.00
(11) Establishments needing temporary permits . . . 304)933.00
(4-3 12) Establishments needing vending machine licenses . . . 59 0055.00
(a-413) Establishments needing seafood/wholesale licenses . . . 48 0944.00
(x-514) Establishments needing seafood/retail licenses . . . 294)922.00
(4- 15) Establishments needing produce/wholesale licenses . . . 55.00
(47-16) School cafeterias, public or parochial . . . 80.0955.00
(4 817) Seasonal food service establishments . . . 75 0082.50
(481 8) Retail food stores with zero (0) to two (2) checkout counters . . .
47-5.09192.50
(291 9) Retail food stores with three (3) to five (5) checkout counters . . .
X5.90247.50
(2420) Retail food stores with six (6) to nine (9) checkout counters . . .
274:09302.50
(2221) Retail food stores with ten (10) or more checkout counters . . .
326.90357.50
(c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a
license fee which is fifty (50) per cent of the fees established above in section 11-
4(b)(1) through (16) inclusive. The term "youth oriented" shall mean nonprofit
organizations which provide services to persons more than fifty (50) per cent of
whom are less than eighteen (18) years of age. The term "elderly oriented" shall
mean nonprofit organizations which provide services to persons more than fifty
(50) per cent of whom are sixty-five (65) years of age or older. The term
"nonprofit organizations" shall mean those organizations which have been
granted an exemption or are exempt from the payment of federal income taxes.
(d) Retail food stores that have an existing city-licensed food service facility shall pay
a license fee which is fifty (50) per cent of the fees established above in sections
11-4(b)(19) through 11-4(b)(22).
(Code 1958, §§ 14-9, 14-20; Ord. No. 83-120, § 1, 9-27-83; Ord. No. 84-15, § 1, 1-17-
84; Ord. No. 84-32, § 7, 2-14-84; Ord. No. 84-146, § 3, 11-13-84; Ord. No. 85-57, § 1, 5-
28-85; Ord. No. 00-05, § 1, 1-4-00; Ord. No. 03-104, § 1, 12-9-03)
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the first
day of January up to and including the thirty-first (31st) day of July of each year, and
one-half the annual fee for all licenses issued after the thirty-first day of July and through
the thirty-first day of December of each year except for seasonal, special event and
temporary food service establishments. All licenses shall expire on the thirty-first day of
December of each year. Annual renewal fees for established businesses that are not
received by January 31 are considered late. Late payments are subject to an additional
25 percent penalty on February 1 and an additional 5 percent penalty will be charged for
each subsequent month, until payment is received.
(Code 1958, §§ 14-10, 14-21; Ord. No. 84-146, §4, 11-13-84)
Sec. 11-6. Same--Display.
Each person required to pay for a license hereunder shall keep such license
displayed in a conspicuous place in each establishment operated.
(Code 1958, § 14-14)
Sec. 11-7. Fruit and vegetables--Wholesaler's license required; application.
Every person, before opening, maintaining or operating an establishment for sale
at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall
make application for license for such business upon a blank to be furnished by the
health authority of this city, in which application the applicant shall give the following
information:
(1) Residence and business addresses of applicant.
(2) Number of establishments to be maintained and operated.
(3) Nature of business and location thereof.
(4) Method of distribution to be used.
(Code 1958, § 14-11)
Sec. 11-8. Same--Inspection of premises prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such fruit and vegetable products are cleaned, stored, packed, prepared
for or offered for sale.
(Code 1958, § 14-12)
Sec. 11-9. Same--Issuance; fees; transferability.
Upon filing of such application to sell fruits or vegetables at wholesale,
satisfactory inspection of the premises and paying the health authority a license fee of
fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate
such establishment for and during the current year for which such license is issued,
which license shall not be transferred. In case such license is issued for only a remaining
portion of such year, the fee charged shall be proportionately reduced; provided,
however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars
($25.00).
(Code 1958, § 14-13)
Sec. 11-10. Same--Construction of delivery vehicles.
All vehicles or conveyances used for distributing or delivering fruit or vegetables
must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other
filth.
(Code 1958, § 14-3)
Sec. 11-11. Seafood business--License required.
It shall be unlawful for any person to sell or offer for sale, or distribute, at
wholesale or retail, from a fixed place of business within the city any fish, oysters,
shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first
obtaining a license for the sale thereof; provided, however, that said license shall not be
required of any person selling such marine life outlined above for on-premises
consumption.
(Code 1958, § 14-15)
Sec. 11-12. Same--Application for license.
Every person, before opening, maintaining or operating such an establishment
for any of the purposes stated in section 11-11, or in any manner selling or distributing or
offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp,
lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make
application for each establishment to be so maintained and operated by applicant, upon
a blank to be furnished by the health authority, and in which application the applicant
shall give the following information:
(1) Residence and business addresses of applicant;
(2) Number of establishments to be maintained and operated;
(3) Nature of business;
(4) Whether wholesale or retail;
(5) Name of the owner of such establishment;
(6) Name under which it is to be operated.
(Code 1958, § 14-16; Ord. No. 84-32, § 4, 2-14-84)
Sec. 11-13. Same--Classes of licenses; fees; term.
(a) There shall be two (2) classes of licenses for establishments named in section
11-11, issued by the regulatory authority, said classes of licenses as follows:
(1) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14 hereof, the regulatory authority shall
issue to any person a fish wholesalers license, upon payment by the
person to the regulatory authority of the fee established by section 11-4
herein; provided however, under the terms of such license, the person
shall not be allowed to peddle from store to store but his sales must be
made directly either by delivery upon a previously executed order or
directly from his place of business. Nothing in this section shall prohibit
any person from making delivery to any retail store in the city, provided
such delivery is made in pursuance of a previously executed order from
the merchant or retail establishment.
(2) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14, the regulatory authority shall issue
to any person a fish retailers license upon payment by the person to the
regulatory authority of the fee established by 11-4 herein; provided,
however, under the terms of such license, the person shall not be allowed
to peddle from store to store or from house to house or upon the streets
of the city, but his sales must be made directly, either by delivery upon a
previously executed order, or directly from his place of business.
(b) The licenses provided in section 11-11 shall be for the period of the calendar
year, regardless of the date of issuance or unless sooner revoked.
(Code 1958, § 14-17; Ord. No. 84-32, § 5, 2-14-84)
Sec. 11-14. Same—Inspection prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such marine products are cleaned, stored, packed, prepared for or
offered for sale.
(Code 1958, § 14-18)
Sec. 11-15. Same—Regulations generally.
It shall be unlawful to sell or offer for sale, within the city, any fish, oysters,
shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the
waters under the jurisdiction of the state, have not been approved by the state
department of health under the regulations and permit of such department, both as to
preparation and packing for shipment and shipment; or if such marine products are
taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell
or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles, terrapins, crayfish and clams, which have not been taken from the waters under
the jurisdiction of the state and approved by the proper authorities of the state, and
under the regulations and permit of the state authorities, and of the United States Public
Health Service, both as to preparation and packing for shipment and shipment; and in so
selling and offering for sale such marine products, it must be indicated either by
certificate or otherwise from such state authorities that such marine products were taken
from the waters and packed and shipped as approved and required by such regulations.
(Code 1958, § 14-5)
Sec. 11-16. Same--Refrigeration.
The food commodities named in section 11-15 shall be kept in adequate
refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such
commodities are sold, either at wholesale or retail, and the delivery thereof not made at
the time of sale, the same shall be delivered in a sanitary manner, and shall be at a
temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery.
(Code 1958, § 14-6)
Sec. 11-17. Same--Adulteration of oysters.
It shall be unlawful for any person to adulterate oysters, by adding thereto ice,
water, sodium sulphate or any other preservative for the purpose of increasing the
quantity of or preserving such oysters.
(Code 1958, § 14-7)
Sec. 11-18. Peddling, selling of certain items in public places prohibited.
(a) It shall be unlawful for any person to peddle, sell or offer for sale beverages
served by the glass, hot tamales, enchiladas, red hots, wieners, sausages,
hamburgers, fresh and salt water fish and all other marine life, sandwiches or any
other similar food products easily contaminated by dust, dirt or flies, along or
upon any public street, sidewalk, alley or any other such public easements or
rights-of-way in the city.
(b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet,
flavored ices or other frozen dairy products along or upon any public streets,
sidewalks, alleys or other public easements or rights-of-way within the city unless
said products are individually packaged frozen dairy products sold from vehicles
equipped with refrigeration facilities adequate to maintain temperatures sufficient
to ensure that the products remain frozen. The products shall be prepackaged
frozen dairy products manufactured, frozen and packaged by a frozen dairy
foods products plant licensed by the State Department of Health. Any person
who sells or offers for sale packaged frozen dairy products from refrigerated
vehicles shall first obtain a permit as provided for in section 11-34 of the Code of
Ordinances. Following the issuance of a permit, each vehicle operating under
said permit shall be inspected once every six (6) months on the premises of the
health department. Revocation of permits shall be in accordance with section 11-
34 of the Code of Ordinances.
(Code 1958, § 14-2; Ord. No. 82-30, § 1, 3-23-82)
., FOgulated.
,
,
Secs. 11-20--11-29. Reserved.
ARTICLE II. RESERVED*
*Editor's note: Ord. No. 00-89, § 4, adopted October 10, 2000, amended the Code by
repealing former art. II, §§ 11-30--11-48, in its entirety. Former art. II pertained to dairy
products, and derived from the Code of 1958, §§21-1--21-19.
Secs. 11-30--11-79. Reserved.
ARTICLE III. RESERVED*
*Editor's note: Ord. No. 00-89, § 5, adopted October 10, 2000, amended the Code by
repealing former art. III, § 11-80, in its entirety. Former art. II pertained to meat and
poultry, and derived from the Code of 1958, § 20-1.
Sec. 11-80. Reserved.
ARTICLE IV. FOOD SERVICE MANAGERS'S CERTIFICATE*
*Editor's note: Ord. No. 84-32, § 8, adopted Feb. 14, 1984, provided for the addition
of Art. IV, food service manager's certificate, §§ 11-81--11-89, to read as herein set out.
Sec. 11-81. Purpose.
There shall be a program of food service manager's certification conducted under
the direction of the regulatory authority. Such a program shall have as its primary goal
the training of persons in managerial positions (person in charge) within the food service
industry in safe food handling practices, including knowledge of the City of Beaumont's
food service sanitation ordinance. Training shall be accomplished by means of a special
course which will be made available at regular intervals to those persons seeking
certification. Certification shall be accomplished after all course requirements have been
met and the applicant has demonstrated by means of an examination that such person
possesses the required minimum essential knowledge as determined by the regulatory
authority.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-82. Food service manager certification required.
It shall be unlawful for any person owning, operating, directing, or managing any
food service establishment, catering operation, or any place or vehicle regulated by the
city food service sanitation ordinance where food or drink is manufactured, produced,
processed, prepared, or otherwise manipulated, within the city, to fail to keep in his
employ a manager, assistant manager, supervisor, or other person in charge of said
establishment who has a valid and current food service manager's certification issued by
the regulatory authority. Whenever a food service manager certificate has expired or the
holder of the certificate is no longer employed in the food service establishment, ninety
(90) days shall be allowed for the food service establishment to comply with this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-83. Exemption.
Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn,
prepackaged foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares,
nursing homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week by
state or federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and
(5) Persons operating a mobile food unit or supplying food to vending
machines.
For the purposes of this article, a nonprofit organization shall mean an organization
which has been granted an exemption or is exempt from the payment of federal income
taxes.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-146, § 5, 11-13-84)
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who submits
the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's Certification
Course or shows evidence of completion, within the past three (3) years,
of a course of study which is listed in the Texas Department of Health
€eod-Sev+ceState Health Services Worker's Training Program Course
Registry, and achieves the required minimum score of seventy-five (75)
points out of a possible one hundred (100) points on a written
examination administered or approved by the regulatory authority. An
applicant who fails to achieve a minimum score of seventy-five (75) on
the written examination may repeat the examination one (1) time without
repetition of the food sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by an
agency which administers a national examination determined by the
Texas Department of Wealth State Health Services and/or the U.S. Food
and Drug Administration to be content valid and legally reliable; or
(c) Provides an associate's or bachelor's degree, or the equivalent, awarded
within the past three (3) years, in restaurant or hotel and restaurant
management from an accredited college or university.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91)
Sec. 11-85. Term of certification.
A food service manager's certificate shall be valid for three (3) years from the
date of issuance. The expiration date will be written on each certificate issued. The term
may be less than three (3) years for an individual who was certified by another agency or
organization as provided for in section 11-84. No certificate shall be transferable from
one person to another person.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-86. Renewal of certificates.
Unless reexamination is required by state or federal law, a food service
manager's certificate may be renewed by completing and submitting the renewal
application form provided by the regulatory authority not more than thirty (30) days
before nor sixty (60) days after the date of expiration of the certificate. Such application
for renewal must be accompanied by payment of the fee as set out in section 11-88 of
this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-87. Revocation of a food manager's certificate.
(a) A food service manager's certificate may be revoked by the regulatory authority
on a finding that any of the following grounds exist:
(1) That the food service manager interfered with an inspection of the food
service establishment by agents of the regulatory authority;
(2) That violations of the City of Beaumont's food service sanitation
ordinance exist in the food service establishment;
(3) That the certified food manager knowingly falsified any information
supplied on an application for certification issued under this article;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager's certificate which
has not been duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager's certificate, the regulatory authority
shall give written notice to the holder of the certificate and to the owner of the
food service establishment in which the food service manager is employed. Such
notice shall state:
(1) The grounds upon which the City of Beaumont will seek revocation of the
certificate;
(2) That revocation becomes final ten (10) days after notice unless a written
request for hearing is filed with the regulatory authority before expiration
of the ten-day period.
(c) The notice required by this article is considered served when it is delivered to the
holder of the certificate, and the owner of the food service establishment, or
when it is sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the certificate and the owner of the food service
establishment. A copy of the notice shall be filed in the records of the regulatory
authority.
(d) The hearing provided for in this article shall be conducted by the regulatory
authority at a time and place designated by the regulatory authority. After
completion of the hearing, the officer designated by the regulatory authority to
conduct the hearing shall make written findings as to whether or not the
certificate is to be revoked. If the hearing officer revokes the certificate, written
notice of such revocation shall be served on the food service manager and the
owner of the establishment with a copy of the findings. Upon receiving written
notice that the food service manager's certificate has been revoked, the food
service manager shall surrender the certificate to the regulatory authority.
If the food service manager fails to appear at the hearing at the time, place, and
date specified, the City of Beaumont shall present sufficient evidence to establish a
prima facie case showing that an act or acts have been committed which constitute
grounds for revocation of the certificate.
In the event a certificate is revoked, the City of Beaumont shall not be liable for
any refund of any part of the fee paid for the certificate.
A person whose food service manager's certificate has been revoked, shall not
be granted a new certificate until such person has attended a course of training and
passed the required examination subsequent to the revocation, and met all requirements
of an initial applicant.
Food service managers certificates remain the property of the City of Beaumont
Environmental Health Division and must be surrendered to the regulatory authority to be
voided when the permit has been revoked.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-88. Fees.
(a) The fee for issuance of a food service manager's certificate is ten dollars
($10.00).
(b) The enrollment fee for the food service sanitation course of study provided by the
regulatory authority shall be fifty dollars ($50.00) and will not be refunded once
the course has begun. Those organizations which are exempt from the food
service manager's certification course under section 11-83(2) herein may attend
the food service sanitation course without payment of the required enrollment
fee, so long as the training is being provided by city staff subject to an availability
of space.
(c) The fee for replacement of a valid and current certificate which has been lost,
stolen, or damaged shall be five dollars ($5.00).
(d) All fees for issuance of certificates will be refunded in the event that no certificate
is issued.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-72, § 1, 6-12-84)
Sec. 11-89. Certificate to be displayed in establishment.
Food service manager certificates shall be prominently posted in the
establishment in a place acceptable to the regulatory authority.
(Ord. No. 84-32, § 8, 2-14-84)
Secs. 11-90--11-109. Reserved.
ARTICLE V. RETAIL FOOD STORE SANITATION CODE*
*Editor's note: Ord. No. 00-89, § 6, adopted October 10, 2000, amended the Code by
repealing art. V, §§ 11-110--11-233, in its entirety. Former art. V pertained to the retail
food store santitation code, and derived from Ord. No. 85-57, adopted May 28, 1985;
and Ord. No. 91-6, adopted January 13, 1991.
Secs. 11-110--11-233. Reserved.
2
March 20, 2007
Consider adopting a resolution of support for House Bill 2818 delaying transition into retail
competition in the Entergy-Gulf States, Inc. service area
�"'A" City Council Agenda Item
M M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 16, 2007
REQUESTED ACTION: Council consider adopting a resolution of support for House
Bill 2818 delaying transition into retail competition in the
Entergy-Gulf States, Inc. service area.
RECOMMENDATION
Administration recommends approval of a resolution of support for House Bill 2818 delaying retail
open access in the Entergy-Gulf States, Inc.'s service area.
BACKGROUND
The City Council met in work session on February 13, 2007, with representatives of other cities
within the EGSI service area to discuss issues related to Entergy's proposed transition into retail
competition in the deregulated electric market. A presentation was made by legal counsel on behalf
ofthe Cities Steering Committee addressing several reasons why transition to competition at this time
is not feasible and should be delayed. The Steering Committee is recommending that the participating
cities adopt the attached resolution supporting House Bill 2818 delaying competition in the EGSI
service area for the following reasons:
(1) Customers in the Electric Reliability Council of Texas(ERCOT)that have participated in the
deregulated markets since January 1,2002,have experienced substantial rate increases under
the competitive model;
(2) EGSI estimates that Company customers will see at least a 40% increase under the
competitive model;
(3) EGSI has attempted to transition to competition in the past and failed after spending over
$200 million which customers are paying back through surcharges over the next 15 years;
(4) EGSI will soon be imposing yet another surcharge to recover the $352 million in damages
associated with Hurricane Rita;
(5) Communities and customers in Southeast Texas are still recovering from the effects of
Hurricane Rita and further rate increases will hinder economic development.
It was the general consensus of those present at the work session that it would not be in the best
interest of the citizens within the EGSI service area for EGSI to move to open competition at this
time.
The administration is recommending adoption ofthe resolution supporting the passage ofHouse Bill
2818 which would delay transition to open competition in the EGSI service area until such time as
the legislature decides competition should move forward.
BUDGETARY IMPACT
The customers in the EGSI service area will realize a substantial savings by delaying transition to
open competition in the deregulated electric market.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING
RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S
SERVICE AREA
WHEREAS, On December 29, 2006, Entergy Gulf States Inc. ("EGSI" or
"Company") filed its transition to competition plan with the Public Utility Commission of
Texas ("PUC" or"Commission") in accordance with Public Utilities Act, Tex. Util. Code
("PURA") § 39.452(g);
WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric
Reliability Council of Texas ("ERCOT") and that competition will commence in 2013;
WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to
competition will cost over $1 billion;
WHEREAS, EGSI requests current reimbursement of its costs to join ERCOT and
transition to competition;
WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and
determined that the case shall proceed as a contested case;
WHEREAS, EGSI estimates that competition will result in at least a 40% increase
in rates;
WHEREAS, all other non-ERCOT utilities have delayed the transition to
competition for their service areas;
WHEREAS, EGSI has increased its rates over the last year through surcharges
designed to recover $217.5 million for EGSI's failed transition to competition and $321
million to restore power following Hurricane Rita;
WHEREAS, many customers in the EGSI service area are still recovering from
Hurricane Rita and the additional rate increases contemplated by EGSI's transition to
competition plan could stifle economic development;
WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in
EGSI's service area, was introduced;
WHEREAS, the Cities' Steering Committee has recommended supporting the
passage of House Bill 2818 delaying retail open access in EGSI's service area, as has
been done with other non-ERCOT utilities;
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont supports the passage of House Bill 2818
delaying retail open access in EGSI's service area.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of
Beaumont, Texas, this 20th day of March, 2007.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
2
3
March 20, 2007
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the City of Beaumont General Election being held jointly
wilth Jefferson County
117LJ1J
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 14, 2007
REQUESTED ACTION: Council to consider authorizing the City Manager to execute
a Joint Election Agreement between Jefferson County and the
City of Beaumont for the City of Beaumont General Election
being held jointly with Jefferson County
RECOMMENDATION
Administration recommends approval of authorization for the City Manager to execute a Joint
Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
BACKGROUND
This Joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate, supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The Jefferson County Clerk will
serve as administrator for the election;however,each participating authority remains responsible for
the lawful conduct of their respective election.
BUDGETARY IMPACT
Funds are available in the City Clerk's Operating Budget.
PREVIOUS ACTION
None
RECOMMENDED BY
City Manager and Interim City Clerk
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICES CONTRACT
BETWEEN
JEFFERSON COUNTY
AND
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 12, 2007
TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK
1 . JURISDICTION
1.1. The Governor of the State of Texas has ordered a special
election to be held on May 12 , 2007, for a constitutional
amendment election.
1.2 The Mayors, the School Board and the Port Commission of the
following political sub-divisions : City of Beaumont,
Beaumont Independents School District, Port of Beaumont,
Bevil Oaks, City of China, City of Groves, City of
Nederland, Nederland Independent School District, Nome, City
of Port Arthur, Port Arthur Independent School District,
Port of Port Arthur, City of Port Neches, Port Neches-Groves
Independent School District, Sabine Pass Independent School
District, Sabine Pass Port Authority either have or may
order an election to be held on the 12th day of May, 2007,
relating to the affairs of each political sub-division.
1 . 3 A list of each county election precinct and Election Day
polling location involved in the joint election, is shown in
Attachment "A" .
2 . ADMINISTRATION
The Jefferson County Clerk agrees to coordinate, supervise
and handle all aspects of administering the Joint Election
in accordance with the provisions of the Texas Election Code
and as outlined in this agreement . Each participating
authority agrees to pay Jefferson County for equipment,
supplies, services and administrative costs as outlined in
this agreement . The Jefferson County Clerk will serve as
administrator for the election; however, each participating
authority remains responsible for the lawful conduct of
their respective election.
PAGE 1
3 . LEGAL DOCUMENTS
3 . 1 Each participating authority will be responsible for
preparation, adoption and publication of all required
election orders, resolutions, notices and any other
pertinent documents required by their respective governing
bodies .
3 . 2 The Jefferson County Clerk will be responsible for making
the submission required by the Federal Voting Rights Act of
1965, as amended, with regard to administration of the
county constitutional amendment election only. Any
submission of pre-clearance to the Department of Justice,
will be the responsibility of each participating authority.
Preparation of necessary bilingual materials for notices and
preparation of the text for the official ballot will also be
the responsibility of each participating authority. Each
participating authority will provide a copy of their
respective election notices and justice submission to the
Jefferson County Clerk.
4 . DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN
4 . 1 Each participating authority agrees that voting at the joint
election will be by use of a direct record and optical scan
voting system approved by the Secretary of State in
accordance with the Texas Election Code . The Jefferson
County Clerk' s Office will be responsible for the
preparation of programs and the testing of the direct record
system and optical scan system used for tabulating the
ballots .
4 . 2 Jefferson County agrees to provide direct recording
electronic devices (DRE) , and voting booths for the joint
election.
5 . VOTING LOCATIONS
5.1 Voting locations will be the voting locations for the county
precincts as approved by Jefferson County Commissioners'
Court on July 31, 2006 . The voting locations are listed in
Attachment "B" of this agreement . In the event a voting
location is not available, the Jefferson County Clerk will
arrange for use of an alternate location with the approval
of each participating authority affected by the change .
Jefferson County will be responsible for submitting any
polling location changes to the Department of Justice for
pre-clearance that changes from the list approved on July
31, 2006 . The Jefferson County Clerk will notify each
participating authority of any changes from the locations
listed in Attachment "A" .
PAGE 2
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 The Jefferson County Commissioners' Court approved the
appointment of the presiding judge and alternate for each
polling location on July 31, 2006 . The Jefferson County
Clerk shall arrange for the training and compensation of all
presiding judges and clerks . The election judges are listed
in Attachment "B" of this agreement . If a person is unable
or unwilling to serve, the Jefferson County Clerk will
submit to the Commissioners' Court a substitute name for the
precinct and notify each participating authority affected by
the change .
62 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics are
required to have interpreter assistance. If a presiding
judge is not bilingual and is unable to hire a bilingual
clerk, the Jefferson County Clerk may make a recommendation.
The Jefferson County Clerk has available on staff three
bilingual deputy clerks who may assist at polling locations
if necessary.
6 . 6 The Jefferson County Clerk will hold schools of instruction
on the use of electronic and optical scan voting equipment
and on election laws . All Election Judges and Alternates
must attend an election judge training session taught by the
Jefferson County Clerk.
6.7 The election judges are responsible for picking up election
supplies at the time and place determined by the Jefferson
County Clerk. Each Election Judge and Alternate will receive
$9 . 00 per hour and each clerk will receive $8 . 00 per hour
(for a maximum of 14 hours) on Election Day. The election
judge will receive an additional $25 . 00 and the person
accompanying the elections judge will receive $10 . 00 for
picking up the election supplies prior to Election Day and
for delivering election returns and supplies to the Central
Counting Station.
All poll workers for the Early Voting period under the
supervision of the Early Voting Clerk, Carolyn L. Guidry
will be compensated at a rate of $8 . 00 per hour.
6 . 13 The Jefferson County Clerk will employ other personnel
necessary for the proper administration of the election,
PAGE 3
including such part-time help as is necessary to prepare for •
the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on election
day, and for the efficient tabulation of ballots at the
central counting station. Personnel working in support of
the central counting station on election night will receive
pay for at least two hours, minimum call for service,
regardless of the actual hours worked.
7 . SUPPLIES AND PRINTING
7 . 1 The Jefferson County Clerk will arrange for all election
supplies and election printing, including, but not limited
to, all forms, signs and other materials used by the
election judges at the voting locations .
7 . 2 The Jefferson County Clerk will provide instructions and
other information needed to enable the election judges to
conduct a proper election.
7 . 3 Each participating authority shall furnish the Jefferson County
Clerk a list of candidates and/or propositions showing the
order and the exact manner in which their candidate names
and/or proposition (s) are to appear on the official ballot . The
list will be delivered to the Jefferson County Clerk no later
than 12 : 00 noon on March 15, 2007 . Each participating authority
will be responsible for proofreading and approving the ballot
in so far as it pertains to that authority' s candidates and/or
propositions .
8 . OPTICAL SCAN BALLOTS
8 . 1 The ballot allocation for Election Day is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections that utilized the optical
scan ballot plus an additional twenty-five percent (2596) of
that number.
8.2; Ballot On Demand will print the ballots for Early Voting By
Mail as needed. Ballot On Demand will print the Provisional
ballots for the Early Voting period and a minimum of twelve
(12) ballots per ballot style will be available at each of the
Early Voting locations . Additional ballots for the Early
Voting period will be printed on an as needed basis .
9 . RETURNS OF ELECTIONS
9 . 1 The Jefferson County Clerk will be responsible for establishing
and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of
the Texas Election Code and of this agreement .
PAGE 4
9.2 The participating authorities hereby, in accordance with
Section 127 . 002, 127 . 003 and 127 . 005 of the Texas Election
Code, appoint the following central counting station officials :
Manager - Christopher Mouton
Tabulating Supervisors Paul Helegda, MIS
Director and
Ken Seholm, Asst . MIS Director
Presiding Judge - Pat Anderson
Alternate Judge - Donna Ferchak
9 . 3 The manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to the
joint participants, candidates, press, and general public by
distribution of hard copies .
9 .4 The Jefferson County Clerk will prepare the unofficial canvass
report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating
authority as soon as possible after all returns and provisional
ballots have been tabulated. All participating authorities will
be responsible for the official canvass of their respective
elections .
9 . 5 The Jefferson County Clerk will be responsible for conducting
the post election manual recount, unless a waiver is given from
the Secretary of State in accordance with Section 127 . 201 of
the Texas Election Code . Notification and copies of the
recount, if waiver is denied, will be provided to each
participating authority and the Secretary of State ' s Office.
10 . ELECTION EXPENSES
10 . 1 The participating authorities agree to share the costs of
administering the May 12 , 2007 Joint Election. An
administration fee not to exceed 10% of the total value of the
contracted services per entity shall be assessed as authorized
by the Texas Election Code, Sec . 31 . 100 . Allocation of
equipment and miscellaneous cost will be proportionate to the
number of shared polling locations and programming cost will be
assessed per entity based on the actual hours spent coding and
changing data for that entity.
PAGE 5
10.2 Each participating authority, will pay proportionately the
expenses for early voting by mail and personal appearance based
on actual cost for labor, postage and supplies .
10 . 3 Final election expenses will be determined within 30-45 days
after the election. The Jefferson County Clerk will provide
each participating authority with a detailed billing statement .
Any disputed amount should be reported within ten (10) days of
receipt of the statement . Payment is due upon receipt of the
bill if there are no discrepancies .
11 . SECURITY DEPOSIT
11 . 1 The signing of this Joint Agreement is in lieu of a deposit .
12 . RECORDS OF THE ELECTION
12 . 1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed
general custodian of the voted ballots and all records of the
Joint Election as authorized by Section 271 . 010 of the Texas
Election Code.
12 . 2 Access to the election records will be available to each
participating authority as well as to the public in
accordance with the Texas Public Information Act, Chapter
552 , Government Code, at the office of the Jefferson County
Clerk, 1001 Pearl Street, Beaumont, Texas, at any time
during normal business hours .
12 . 3 Records of the election will be retained and disposed of in
accordance with the records retention schedules and in
accordance with the provisions of Title 6, Subtitle C,
Chapters 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by
the Texas State Library and Archives Commission. If records
of the election are involved in any pending election
contest, investigation, litigation, or Texas Public
Information Act, the Jefferson County Clerk shall maintain
the records until final resolution or until final judgement,
whichever is applicable . It is the responsibility of any
participating authority to bring to the attention of the
Jefferson County Clerk any notice of any pending election
contest, investigation, litigation, or Texas Public
Information Act request, which may be filed with a
participating authority.
13 . EARLY VOTING
13 . 1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed
as early voting clerk in compliance with Sections 271 . 006 of
PAGE 6
the Texas Election Code . Other deputy early voting
judges/clerks will be appointed by the early voting clerk as
needed to process early voting mail and to conduct early
voting at the main location and branch locations.
13 .2 Early voting by personal appearance will be conducted at the
locations and times as described in Attachment "C" . Any
qualified voter for the Joint Election may vote early by
personal appearance at either the main early voting location
or at any one of the branch locations .
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported on
the day of receipt to the Jefferson County Clerk, 1001 Pearl
Street, Beaumont, Texas 77701 for processing. Persons
voting by mail will send their voted ballots to the
Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas
77704-1151 .
13 . 4 All early voting ballots will be prepared for counting by an
Early Voting Ballot Board appointed in accordance with
Section 87 . 001 of the Texas Election Code . (Exhibit D)
14. ELECTION REPORTS
The Early Voting Clerk will be responsible for ensuring the
delivery of the reports titled Early Voting Daily Vote
Totals to each participating authority each day of Early
Voting for the previous day' s voting activity. The political
sub-divisions will assist in picking up the voter sign-in
sheets each early voting day where practical and delivery to
the County Clerk' s office or the Counting Station by 4 : OOpm.
When possible, the Early Voters' reports will be delivered
by electronic means via e-mail , facsimile, or website .
15 . RUNOFF ELECTION
In the event a runoff is necessary, the agreement will
automatically be extended to cover the runoff, unless a
participating authority states in writing before April 30,
2007, that it does not wish to participate in a joint
runoff . The Jefferson County Clerk will provide each
participating authority in the joint runoff election with an
estimate of funds to be deposited in a special joint runoff
election account . The funds must be deposited no later than
five (5) days after the runoff estimate figures are received
from the Jefferson County Clerk.
PAGE 7
16 . RECOUNT
A Recount cost would be billed at the applicable rate to the
authority responsible for the canvassing of that election.
The guidelines for a Recount can be found in the Texas
Election Code, Title 13 , Chapters 211 through 216 .
17' . CONTRACT WITHDRAWAL
Any participating authority that certifies their election in
accordance with Section 2 . 051, 2 . 052 and 2 . 053 of the Texas
Election Code, may withdraw from the joint election
contract . Any expenditure incurred prior to withdrawal shall
be billed separately and that contracting authority shall be
removed from the contract . An addendum page (s) to the
contract shall be provided to the remaining participants no
later than five (5) days after notification of all intents
to withdraw have been received by the Jefferson County
Clerk.
18 . NOTICE
Whenever this agreement requires any consent, approval
notice, request or demand, it must be in writing to be
effective and shall be delivered to the Jefferson County
Clerk:
Carolyn L. Guidry, Jefferson County Clerk,
P.O. Box 1151,Beaumont, TX 77704-1151
PAGE 8
County:
APPROVED AND EXECUTED ON 2007 .
Ronald L. Walker,
COUNTY JUDGE
ATTEST:
CAROLYN L. GUIDRY, COUNTY CLERK
APPROVED AS TO FORM:
TOM RUGG,
FIRST ASSISTANT DISTRICT ATTORNEY
Entity:
APPROVED AND EXECUTED ON 2007 .
PAGE 9
ATTEST:
PAGE 10
EXHIBIT "A"
PRECINCTS AND POLLING LOCATIONS 2007
PCT LOCATION PCT LOCATION PCT LOCATION
1 French Elementary 9 Ridgewood 17/26/9 Municipal Airport
3525 Cleveland Ave. Elementary 0 455 Keith Rd., Hwy. 90
Beaumont, TX 77703 2820 Merriman Beaumont, TX 77707
8321-6631 Port Neches, TX 866-2700
77651
722-7641
2 Smith Middle School 10 Scott Olive Baptist 18 Ozen High School
4415 Concord Church 3443 Fannett Rd.
Beaumont, TX 77703 1050 Ewing Beaumont, TX 77705
892-3811 Beaumont, TX 77701 981-7500
832-0687
3 Brown Alternative Center 11 Jefferson County 19 BISD Administration
19010 Pope Courthouse Annex
Beaumont, TX 77703 1001 Pearl Street 1025 Woodrow
785-4225 Beaumont, TX 77701 Beaumont, TX 77705
835-8400 833-3762
4 BISD Administration Bldg. 12/13 Dunbar Elementary 20 Pietzsch Elementary
3395 Harrison 825 Jackson 4301 Highland
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77705
899-9972 832-7617 835-2505
5 Caldwood Elementary 13/12 Dunbar Elementary 21 Precinct 4 Barn
102 Berkshire Lane 825 Jackson W. Port Arthur Rd., 2202
Beaumont, TX 77707 Beaumont, TX 77701 Hebert Rd.
835-3818 832-7617 Guffey-Beaumont, TX
77705
Judges use cell phones
6 Central Sr. High School 14 Ogden Elementary 22 Roy Guess Elementary
88 ,Jaguar 2300 Victoria 8055 Voth Rd.
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77708
981-7100 833-2313 892-9702
7 O.C. "Mike"Taylor Career 15 MLK Middle School 23 Rosedale Baptist
Center 1400 Avenue A 7110 Concord Rd.
2330 North St. Beaumont, TX 77701 Beaumont, TX 77708
Beaumont, TX 77701 838-4431 892-2548
835-0153
8 Magnolia Baptist Church 16 Fletcher Elementary 24 First Baptist
2830 Pine Street 1050 Ave F Church-Nome
Beaumont, TX 77703 Beaumont, TX 77701 1985 Louisiana
832-2258 833-3831 Nome, TX 77629
253-2391
25 Pct 1 Service Center 33 Stephen F.Austin 41 Huntsman Corp C-4 Plant
1201 W. Hwy 90 High School 2701 Spur 136
China, TX 77613 2441 -61st Street Port Neches, TX 77651
752-2891 Port Arthur, TX 722-8381
77640
736-1521
26/17 Municipal Airport 34 Wheatley School 42 Van Buren Elementary
/90 455 Keith Rd., Hwy. 90 800 W. 53rd St. 6400 Van Buren
Beaumont, TX 77707 Port Arthur, TX Groves, TX 77651
866-2700 77640 962-6511
985-9101
27/78 Vincent Middle School 35/98/1 Full Gospel Christian 43/61 Pt. Neches ISD
/86 350 Eldridge 06 Center Curriculum Ctr.
Beaumont, TX 77707 9401 Hwy. 69 5840 W. Jefferson Blvd.
866-1491 Port Arthur, TX Groves, TX 77651
77640 962-8446
724-1271
28 Pct 4 Service Center 36 Langham Elementary 44 Tyrrell Elementary School
7780 Boyt Rd 800-12th St. 4401 Ferndale
Beaumont, TX 77713 Nederland, TX 77627 Port Arthur, TX 77642
794-2444 722-4324 962-7373
29 Harnshire Community Building 37 Highland Park 45/70/9 Stilwell Technical Center
12318 2nd St. Elementary 5/109 4801 9th Avenue
Harnshire, TX 77622 200 S. 6th St. Port Arthur, TX 77642
243-2411 Nederland, TX 77627 983-3286
722-0236
30/91 Farinett Elementary 38 Neches Federal 46/96 United Pentecostal
23395 Burrell Wingate Credit Union Church
Beaumont, TX 77705 2339 Nall St. 2700 25th Street
794-1412 Port Neches, TX Port Arthur, TX 77642
77651 985-9345
727-1639
31/10 Labelle-Fannett VFD 39 Blanchette 47/93/1 O.W. Collins Retirement
1/108 3473 Pine Tree Rd. Elementary 02 Center
Beaumont, TX 77705 2400 Lela 4440 Gulfway
796-1529 Beaumont, TX 77705 Port Arthur, TX 77642
842-1230 982-6441
32 Sabine Pass Fire Station #4 40 Hebert Library 48/49 Lee Elementary
5030 S. Gulfway Drive 2025 Merriman 3939 Delaware
Port Arthur, TX Port Neches, TX Port Arthur, TX 77642
971-2421 77651 983-3259
722-4554
49/48 Lee Elementary 58/57/9 Jefferson County 67 South Park Middle School
393.9 Delaware 4 Sub-Courthouse 4500 Highland
Port Arthur, TX 77642 525 Lakeshore Drive Beaumont, TX 77705
983-3259 Port Arthur,TX 838-3941
77640
983-8300
50/51 Edison Jr. High School West 59 Port Arthur Fire 68 Austin Jr. High School
Gym Station#2 3410 Austin
3501 - 12th St. 1201 Granis Beaumont, TX 77706
Port Arthur, TX 77642 Port Arthur, TX 892-0193
985-4311 77640
983-3676
51/50 Edison Jr. High School West 60 Groves Elementary 69 Nederland Recreation
Gym 3901 Cleveland Center
3501 - 12th St. Groves, TX 77619 2300 Ave. H
Port Arthur, TX 77642 962-1531 Nederland, TX 77627
985-4311 724-0773
52/53 DeQueen Elementary 61/43 Pt. Neches ISD 70/45/9 Stilwell Technical Center
/81 740 DeQueen Blvd, 7th St. Curriculum Ctr. 5/109 4801 9th Avenue
Entrance 5840 W. Jefferson Port Arthur, TX 77642
Port Arthur, TX 77640 Blvd. 983-3286
982-4336 Groves, TX 77651
962-8446
53/52 DeQueen Elementary 62 Sallie Curtis 71 Taft Elementary
/81 740 DeQueen Blvd, 7th St. Elementary 2500 Taft
Entrance 6225 N. Circuit Dr. Port Arthur, TX 77640
Port Arthur, TX 77640 Beaumont, TX 77706 962-2262
9821-4336 866-4134
54/55 Franklin Elementary 63 Lucas Elementary 72 Wesley United Methodist
1001-10th St. 1750 E. Lucas Church
Port Arthur, TX 77640 Beaumont, TX 77703 3810 N. Major Drive
985-2573 892-9683 Beaumont, TX 77713
892-7012
55/54 Franklin Elementary 64 Beaumont 73 George Marshall Jr. High
1001-10th St. Community Players School
Port Arthur, TX 77640 5515 Phelps Rd. 6455 Gladys
985-2573 Beaumont, TX 77705 Beaumont, TX 77706
842-4664 866-4174
56/80 C.O. Wilson Jr. High School 65 Regina Howell 74 Fire Station Meeting
262:0 Helena Ave. Elementary Room
Nederland, TX 77627 5850 Regina Lane 3707 Central Blvd
727-6224 Beaumont, TX 77706 Nederland, TX 77627
892-5045 722-6922
57/58 Jefferson County 66 Bevil Oaks Civic 75 Lamar- Health & Human
/94 Sub-Courthouse Center Performance Complex A
525, Lakeshore Drive 7390 Sweetgum East Lavacca at
Port Arthur, TX 77640 Bevil Oaks, TX 77713 University Drive
983-8300 753-1475 Beaumont, TX 77705
880-7011
76 William B. Travis Elementary 85 PACE Union Hall 94/57/5 Jefferson County
1115 Lakeview 2490 S. 11 th St. 8 Sub-Courthouse
Port Arthur, TX 77642 Beaumont, TX 77701 525 Lakeshore Drive
982-2891 842-3952 Port Arthur, TX 77640
983-8300
77 St. Pius X School 86/27/7 Vincent Middle 95/45/7 Stilwell Technical Center
3355 McHale 8 School 0/109 4801 9th Avenue
Beaumont, TX 77708 350 Eldridge Port Arthur, TX 77642
892-3316 Beaumont, TX 77707 983-3286
866-1491
78/27 Vincent Middle School 87/88/9 Pine Burr Baptist 96/46 Park Place Fire Station
/86 350 Eldridge 9 Church 3300 Memorial Blvd.
Beaumont, TX 77707 5095 Pine Burr Blvd. Port Arthur,TX 77642
866-1491 Beaumont, TX 77708 985-8920
892-4974
79/10 Tennis Center 88/87/9 Pine Burr Baptist 97 NO RESIDENTS
0 6455 College 9 Church
Beaumont, TX 77707 5095 Pine Burr Blvd.
866-2833 Beaumont, TX 77708
892-4974
80/56 C.O. Wilson Jr. High School 89 Ridgewood 98/35/1 Full Gospel Christian
2620 Helena Ave. Retirement Center 06 Center
Nederland, TX 77627 2520 IH 10 East 9401 Hwy. 69
727-6224 Beaumont, TX 77705 Port Arthur, TX 77640
899-2531 724-1271
81/52 DeQueen Elementary 90/17/2 Municipal Airport 99/87/8 Pine Burr Baptist Church
/53 740 DeQueen Blvd, 7th St. 6 455 Keith Rd., Hwy. 8 5095 Pine Burr Blvd.
Entrance 90 Beaumont, TX 77708
Port Arthur, TX 77640 Beaumont, TX 77707 892-4974
9824336 866-2700
82 Cedar Park Community Room 91/30 Fannett Elementary 100/79 Tennis Center
7601 -9th Avenue 23395 Burrell 6455 College
Port Arthur, TX 77642 Wingate Beaumont, TX 77707
722-0459 Beaumont, TX 77705 866-2833
794-1412
83 Central Jr. High School 92 First Baptist Church 101/31/ Labelle-Fannett VFD
200- 17th St. Blewett Road 108 3473 Pine Tree Rd.
Nederland, TX 77627 Cheek, TX 77705 Beaumont, TX 77705
727-5765 842-1237 796-1529
84 Fehl Elementary 93/47/1 O.W. Collins 102/47/ O.W. Collins Retirement
3350 Blanchette 02 Retirement Center 93 Center
Beaumont, TX 77701 4440 Gulfway 4440 Gulfway
835-3871 Port Arthur, TX Port Arthur, TX 77642
77642 982-6441
982-6441
103 NO RESIDENTS 107 NO RESIDENTS 112 NO RESIDENTS
104/1 Calvary Baptist Church 108131/ Labelle-Fannett VFD 113 NO RESIDENTS
16 3650 Dowlen Rd. 101 3473 Pine Tree Rd.
Beaumont, TX 77706 Beaumont, TX 77705
898-7074 796-1529
105 NO RESIDENTS 109/45/ Stilwell Technical 114 NO RESIDENTS
70/95 Center
4801 9th Avenue
Port Arthur, TX
77642
983-3286
106/3 Full Gospel Christian Center 110 NO RESIDENTS 115 NO RESIDENTS
5/98 9401 Hwy. 69
Port Arthur, TX 77640
724-1271
116/10 Calvary Baptist Church
4 3650 Dowlen Rd.
Beaumont, TX 77706
898-7074
EXHIBIT " B "
PRECINCT LOCATIONS AND JUDGES FOR 2007
PCT LOCATION JUDGE ALTERNATE JUDGE #OF
CLERKS
1 French Elementary (Dem) (Rep) 4
3525 Cleveland Ave. Brenda Greene Richard A. Hooks
Beaumont, TX 77703 1825 Brooklyn St. 4482 Dallas St.
832-6631 Beaumont, TX 77701 Beaumont, TX 77703
835-1777 892-6966
791-8024
2 Smith Middle School (Dem) (Rep) 3
4415 Concord Jerrie Mathis Jim Doane
Beaumont, TX 77703 3730 Acorn Circuit 3460 Minglewood
892-3811 Beaumont, TX 77703 Beaumont, TX 77703
892-4164 898-8196
3 Brown Alternative Center (Dem) (Rep) 4
1900 Pope Thelma Fielder Etta Harris
Beaumont, TX 77703 2975 Grand 1135 Skipwith St
785-4225 Beaumont, TX 77703 Beaumont, TX 77701
892-4164
4 BISD Administration Bldg. (Rep) (Dem) 3
3395 Harrison Dick Foulk Shirley Laday
Beaumont, TX 77702 3670 Crestwood 23750 Vincent Rd
899-9972 Beaumont, TX 77706 Winnie, TX 77665
898-0741
5 Caldwood Elementary (Rep) (Rep) 3
102 Berkshire Lane Norma Conner Louise Williams
Beaumont, TX 77707 232 W. Caldwood Dr 14 Bayou Bend PI
835-3818 Beaumont, TX 77707 Beaumont, TX 77706
866-3357 892-8951
673-1801
6 Central Sr. High School (Dem) (Rep) 3
88 Jaguar Celeste Johnson Greg Cottington
Beaumont, TX 77702 2560 Rusk St. 3775 Seminole
981-7100 Beaumont, TX 77702 Beaumont, TX 77707
833-3338 843-3458
7 O.C. "Mike"Taylor Career (Rep) (Dem) 3
Center Barbara Bradley M. Thomas Brent
2330 North St. 2165 North St 2490 Louisiana
Beaumont, TX 77701 Beaumont, TX 77701 Beaumont, TX 77702
835-0153 835-3808 832-7392
8 Magnolia Baptist Church (Dem) (Rep) 3
2830 Pine Street Katherine A. Campbell Sheila Hebert
Beaumont, TX 77703 1067 Weiss St. 2555 Gulf St.
832-2258 Beaumont, TX 77703 Beaumont, TX 77703
832-9642 838-2728
455-3451
9 Ridgewood Elementary (Rep) (Rep) 4
2820 Merriman Sherry Desmond Kim Desmond
Port Neches, TX 77651 683 Birchwood Dr 3145 Matter Horn Dr.
722-7641 Port Neches, TX 77651 Port Neches, TX 77651
722-5082 729-9464
10 Scott Olive Baptist Church (Dem) (Dem) 3
1050 Ewing Nanette Cantue Chiquitia Mitchell
Beaumont, TX 77701 1075 Long St. 1075 Long St.,
832-0687 Beaumont, TX 77701 Beaumont, TX 77701
833-0848 833-0848
11 Jefferson County Courthouse (Dem) (Rep) 1
1001 Pearl Street Rose Marie Solomon Chris McKinney
Beaumont, TX 77701 1835 Pennsylvania PO Box 1751
835-8400 Beaumont, TX 77701 Beaumont, TX 77704
838-5565 838-6412
12/13 Dunbar Elementary (Dem) (Rep) 3
825 Jackson Doris Decuir Chris Busch
Beaumont, TX 77701 4905 Wyatt,Apt 19 4610 Monticello
832-7617 Beaumont, TX 77705 Beaumont, TX 77706
899-3632
13/12 Dunbar Elementary
825 Jackson (with PCT12) (with PCT12)
Beaumont, TX 77701
832-7617
14 Ogden Elementary (Dem) (Rep) 3
2300 Victoria Kimberly Lewis Lillian Frye
Beaumont, TX 77701 2335 Roberts 1819 Roberts
833-2313 Beaumont, TX 77701 Beaumont, TX 77701
833-8104 835-0220
15 MLK Middle School (Dem) (Rep) 3
1400 Avenue A Merdle Hanes Wade Billingsley
Beaumont, TX 77701 805 Amarillo St. 2562 Westbury Rd.
838-4431 Beaumont, TX 77701 Beaumont, TX 77713
832-4143 722-5721
504-8319
16 Fletcher Elementary (Dem) (Rep) 1
1050 Ave F Gwen Johnston
Beaumont, TX 77701 2145 Bourbon
833-3831 Beaumont, TX 77705 Beaumont, TX 77706
842-4214
17/26/90 Municipal Airport (Rep) (Dem) 4
455 Keith Rd., Hwy. 90 Steven Randall Melynia Revia
Beaumont, TX 77707 1135 Sunmeadow 7279 Shady Ln.
866-2700 Beaumont, TX 77706 Beaumont, TX 77713
866-7749 866-1340
351-9362
I
18 Ozen High School (Dem) (Rep) 3
3443 Fannett Rd. David Harper Margaret Bostic
Beaumont,TX 77705 4375 Winston P.O. Box 6621
981-7500 Beaumont, TX 77705 Beaumont, TX 77725
842-6966
331-4586
19 BISD Administration Annex (Dem) (Rep) 3
1025 Woodrow Pauline Mouton Wesley Lee
Beaumont, TX 77705 4275 Cadillac Ln 7655 Park North Dr.,Apt
833-3762 Beaumont,TX 77705 711
842-2157 Beaumont,TX 77708
832-1279
20 Pietzsch Elementary (Dem) (Rep) 3
4301 Highland Grace Demary Sam Jernigan
Beaumont, TX 77705 430 E. Elgie 5910 Meadow Way
835-2505 Beaumont, TX 77705 Beaumont, TX 77707
833-2056 866-7369
673-4659
21 Precinct 4 Barn (Dem) 1
W. Port Arthur Rd., 2202 Wilmeretta Lowe (Rep)
Hebert Rd. 2015 Hilldbrandt Sonja Pickens
Guffey-Beaumont, TX 77705 Beaumont, TX 77705 830 Church St
Judges use cell phones 838-3342 Beaumont, Tx 77705
246-5213
22 Roy Guess Elementary (Rep) (Dem) 4
8055 Voth Rd. Janet Dietz J.W. Albert
Beaumont, TX 77708 7750 Homer Dr. 1915 Griffing Rd.
892-9702 Beaumont, TX 77708 Beaumont, TX 77708
892-2731 898-8861
790-2144
23 Rosedale Baptist (Dem) (Rep) 3
7110 Concord Rd. Lucille Bryan James Boykin
Beaumont, TX 77708 6910 Concord 5415 Linda Lane
892-2548 Beaumont, TX 77708 Beaumont,TX 77708
892-4395 892-8422
24 First Baptist Church-Nome (Rep) (Dem) 1
1985 Louisiana Susan Tindall Joan Yates
Nome, TX 77629 P.O. Box 105 PO Box 131
253-2391 Nome,TX 77629 Nome, TX 77629
253-2277 253-2253
782-8999
25 Pct 1 Service Center (Rep) (Dem) 3
1201 W. Hwy 90 Kathy Lewis Viola Jones
China, TX 77613 P.O. Box 404 P.O. Box 312
752-2891 China, TX 77613 China, TX 77613
752-5268 752-5372
752-5270
26/17/90 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/90) (with PCT 17/90)
Beaumont, TX 77707
866-2700
27/78/86 Vincent Middle School (Rep) (Dem) 5
350 Eldridge Jon Tritsch Wilburean Benard
Beaumont, TX 77707 1007 Park Meadow 5015 Pine St#101
866-1491 Beaumont, TX 77706 Beaumont,TX 77703
861-1761
28 Pct 4 Service Center (Dem) 2
7780 Boyt Rd Ezora Mae Bassett (Dem)
Beaumont, TX 77713 6852 Boyt Rd. Shirley Carmon
794-2444 Beaumont, TX 77713 6574 Boyt Rd
794-2281 Beaumont,Tx 77713
794-2142
29 Hamshire Community Building (Rep) (Dem) 3
12318 2nd St. Tanya Young Dolores Marcyniuk
Hamshire, TX 77622 10668 E. Hamshire P.O. Box 311
243-2411 Hamshire, TX 77622 Hamshire, TX 77622
243-2219 243-3340
30/91 Fannett Elementary (Rep) (Rep) 3
23395 Burrell Wingate Belinda Breaux Liz Wenner
Beaumont, TX 77705 20768 Hwy 365 10810 Kolemay
794-1412 Beaumont, TX 77705 Beaumont, TX 77705
794-2064 794-2530
31/101/1 Labelle-Fannett VFD (Rep) (Dem) 3
08 3473 Pine Tree Rd. J. Tom Fox Virginia Ferguson
Beaumont, TX 77705 201 Greenwood 14995 Labelle Dr.
796-1529 Beaumont, TX 77705 Beaumont, TX 77705
796-1119 796-2474
32 Sabine Pass Fire Station#4 (Dem) (Dem) 1
5030 S. Gulfway Drive Doris Eldridge Jeanette LaBove
Port Arthur, TX P.O. Box 72 7518 Backridge Rd
971-2421 Sabine Pass, TX 77655 Sabine Pass, TX 77655
971-2546
33 Stephen F.Austin High School (Dem) (Rep) 4
2441 -61 st Street Katie Jeter Edelmiro Aceveda
Port Arthur, TX 77640 2330 Shirley St. 801 Trinity Ave.
736-1521 Port Arthur, TX 77640 Port Arthur, TX 77642
736-2947 982-7260
34 Wheatley School (Dem) (Rep) 3
800 W. 53rd St. Audrey Prater Gilbert Getz
Port Arthur, TX 77640 1726 Beaumont Ave. 2214 Spurlock Rd
985-9101 Port Arthur, TX 77640 Nederland, TX 77627
985-8506 727-2102
594-4764
35/98/10 Full Gospel Christian Center (Rep) (Rep) 2
6 9401 Hwy. 69 Deborah Parker Janice Boden
Port Arthur, TX 77640 5135 Oriole Dr. 1110 Block St
724-1271 Beaumont, TX 77707 Port Neches,TX 77651
899-1231 344-1949
36 Langham Elementary (Rep) (Rep) 3
800-12th St. Blaine Hall Nola Hall
Nederland, TX 77627 2301 Rosedale 2301 Rosedale
722-4324 Port Arthur, TX 77642 Port Arthur, TX
549-2138 549-2138
37 Highland Park Elementary (Rep) (Dem) 4
200 S. 6th St. Jeff Lake Barbara Wickler
Nederland, TX 77627 6631 Verde 620 S.2nd St.
722-0236 Port Neches, TX 77651 Nederland, TX 77627
543-7270 727-0921
38 Neches Federal Credit Union (Rep) (Dem) 4
2339 Nall St. Howard Frey Joyce Philen
Port Neches, TX 77651 2321 Grand Blvd. 2130 Avenue K
727-1639 Port Neches, TX 77651 Nederland, TX 77627
722-6765 727-5683
39 Blanchette Elementary (Dem) (Rep) 4
2400 Lela MaudrPlummer
Y Preston Frank
Beaumont, TX 77705 4165 Bob St. 3615 S. 4th St.
842-1230 Beaumont, TX 77705 Beaumont, TX 77705
842-0588 842-6666
382-0507
40 Hebert Library (Rep) (Dem) 4
2025 Merriman Gary Daigle Trae Branham
Port Neches, TX 77651 1619 Dieu St. 2910 Ash St.
722-4554 Port Neches, TX 77651 Nederland, TX 77627
722-6793 727-7459
41 Huntsman Corp C-4 Plant (Dem) (Dem) 1
2701 Spur 136 Jimmy King Ophelia King
Port Neches, TX 77651 P O Box 276 P O Box 276
722-8381 Port Neches, TX 77651 Port Neches, TX 77651
722-3023 722-3023
42 Van Buren Elementary (Rep) (Dem) 4
6400 Van Buren Audrey Cupit Pam LaFleur
Groves, TX 77651 6373 Jefferson 4941 Garfield
!962-6511 Groves, TX 77619 Groves, TX 77619
962-4740 962-4393
639-6698
43/61 Pt. Neches ISD Curriculum Ctr. (Dem) (Dem) 4
5840 W. Jefferson Blvd. Melba Ledoux Laura Seelan
Groves, TX 77651 3124 High Ave 3640 Bryan Ave
962-8446 Groves, TX 77619 Groves, TX 77619
962-2560 962-7224
44 Tyrrell Elementary School (Rep) (Dem) 2
4401 Ferndale Robert Sharpless Earl Marsh, Jr.
Port Arthur, TX 77642 4545 Alamosa 4433 Alamosa
962-7373 Port Arthur, Tx 77642 Port Arthur, TX 77642
982-6301 982-6130
720-9329
45/70/95/ Stilwell Technical Center (Dem) (Rep) 3
109 4801 9th Avenue Vera Wilkerson Janice Morse
Port Arthur,TX 77642 3401 Roanoke Avenue 3901 8th Avenue
983-3286 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4772 982-3986
46/96 United Pentecostal Church (Dem) (Rep) 4
2700 25th Street Madeline Brown Linda Bonton
Port Arthur,TX 77642 3727 Platt Ave 3128 Ozark Ave.
985-9345 Port Arthur, Tx 77642 Port Arthur, TX 77640
982-5515 985-2229
47/93/10 O.W. Collins Retirement Center (Dem) (Rep) 4
2 4440 Gulfway Debra Beevers Blaine Hall
Port Arthur, TX 77642 2530 Date St. 2301 Canal Ave.
982-6441 Port Arthur, TX 77642 Nederland, TX 77627
985-2055 767-9896
48/49 Lee Elementary (Dem) (Rep) 4
3939 Delaware Doris Rogers Walter R. Gregory
Port Arthur, TX 77642 515 Sabine 510 Melissa
983-3259 Port Arthur, TX 77642 Pt. Neches,TX 77651
985-9766 727-8492
49/48 Lee Elementary
3939 Delaware (with PCT 49) (with PCT 49)
Port Arthur, TX 77642
983-3259
50/51 Edison Jr. High School West (Dem) (Rep) 5
Gym Mary(Liza)Cunningham Claud Block
3501 - 12th St. 4231 Lakeshore Dr 1610 Johnson Ave
Port Arthur, TX 77642 Port Arthur, TX 77642 Port Neches, TX 77651
985-4311 365-9003
51/50 Edison Jr. High School West
Gym (with PCT 50) (with PCT 50)
3501 - 12th St.
Port Arthur, TX 77642
985-4311
52/53/81 DeQueen Elementary (Dem) (Rep) 5
740 DeQueen Blvd, 7th St. Mary Mottley
Entrance 2000 E. 9th St.
Port Arthur, TX 77640 Port Arthur, TX 77640
982-4336 982-0206
53/52/81 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/81) (with PCT 52/81)
Entrance
Port Arthur, TX 77640
982-4336
54/55 Franklin Elementary (Dem) (Rep) 4
1001-10th St. Melvia F. Cyprien Alfred Marshall
Port Arthur, TX 77640 1027 Thomas Blvd. 1310 E. 10th St.
985-2573 Port Arthur, TX 7760 Port Arthur, TX 77640
985-7175 982-8905
55/54 Franklin Elementary
1001-10th St. (with PCT 54) (with PCT 54)
Port Arthur, TX 77640
985-2573
56/80 C.O. Wilson Jr. High School (Rep) (Rep) 4
2620 Helena Ave. Gloria Dockens Kelley Gossett
Nederland, TX 77627 3011 Graves Ave 1221 Lillie St.
727-6224 Groves, TX 77619 Port Neches,TX 77651
960-6783 722-0007
57/58/94 Jefferson County (Dem) (Rep) 4
Sub-Courthouse Vernice Moore Stuart Salter
525 Lakeshore Drive 1219 East 9th 3770 MLK
Port Arthur, TX 77640 Port Arthur, TX 77640 Port Arthur, TX 77640
983-8300 985-5852 985-5678
350-0685
58/57/94 Jefferson County
Sub-Courthouse (with PCT 57/94) (with PCT 57/94)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
59 Port Arthur Fire Station #2 (Dem) (Dem) 4
1201 Granis Lillian M. LeBlanc Mildred Taville
Port Arthur, TX 77640 649 W. Thomas Blvd. 1041 W 14th St
983-3676 Port Arthur, TX 77640 Port Arthur Tx 77640
985-8033 982-5278
60 Groves Elementary (Dem) (Dem) 4
3901 Cleveland Rauline Judice Janice Guilbeaux
Groves, TX 77619 6948 Willow 6275 Garner
962-1531 Groves, TX 77619 Groves, TX 77619
962-0802 962-0608
61/43 Pt. Neches ISD Curriculum Ctr.
5840 W. Jefferson Blvd. (with PCT 43) (with PCT 43)
Groves, TX 77651
962-8446
62 Sallie Curtis Elementary (Rep) (Dem) 4
6225 N. Circuit Dr. Temple Looney Georgine Guillory
Beaumont, TX 77706 590 Goodhue 3670 South 11 th St.
866-4134 Beaumont, TX 77706 Beaumont, TX 77705
866-2910 842-1577
658-8390
63 Lucas Elementary (Dem) (Rep) 4
1750 E. Lucas Thelma Nobles Karen Arrington
Beaumont, TX 77703 2105 Fillmore 1904 Moore Rd.
892-9683 Beaumont, TX 77703 Beaumont, TX 77713
833-9672 866-3885
553-2924
64 Beaumont Community Players (Dem) (Rep) 2
5515 Phelps Rd. Mary B. Francis Joe Byerly
Beaumont, TX 77705 5990 Tyrrell Park 5745 Erie
842-4664 Beaumont, TX 77705 Beaumont, TX 77705
842-0507 842-4275
65 Regina Howell Elementary (Rep) (Dem) 4
5850 Regina Lane Mary Stimek Doris A. Campbell
Beaumont, TX 77706 6255 West Bend 4420 Beale St.
892-5045 Beaumont, TX 77706 Beaumont, TX 77705
860-5765 842-2334
504-8190
66 Bevil Oaks Civic Center (Rep) (Dem) 3
7390 Sweetgum Deborah Olson Juinez Jones
Bevil Oaks, TX 77713 13355 Davida Dr. 13560 Wayside
753-1475 Beaumont, TX 77713 Beaumont, TX 77713
753-3116 753-2241
67 South Park Middle School (Dem) (Rep) 4
4500 Highland Garcia Middleton Kevin Larousee
Beaumont, TX 77705 1585 Auburn Dr. 4090 Wyatt St.
838-3941 Beaumont, TX 77705 Beaumont, TX 77705
842-4450 838-4232
68 Austin Jr. High School (Rep) (Dem) 4
3410 Austin Robert Thompson Margaret Carter
Beaumont, TX 77706 4855 Dellwood Lane 1220 Rikisha
892-0193 Beaumont, TX 77706 Beaumont, TX 77706
892-5104 782-2341
69 Nederland Recreation Center (Rep) (Dem) 5
2300 Ave. H Wanda Lilley Ruby Casto
Nederland, TX 77627 3001 8th St#47 1603 Ave C
724-0773 Port Neches Tx 77651 Nederland, TX 77627
722-0004 722-1616
70/45/95/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/95/109) (with PCT 45/95/109)
Port Arthur, TX 77642
983-3286
71 Taft Elementary (Rep) (Dem) 1
2500 Taft Alice Windle Phyllis Jean Lee
Port Arthur, TX 77640 6927 Olympic Dr. 1529 Joe Louis Ave.
962-2262 Port Arthur, TX 77642 Port Arthur, TX 77640
982-3138 985-7451
72 Wesley United Methodist (Rep) (Dem) 3
Church Elizabeth Gibbs Barbara Loden
3810 N. Major Drive 830 Stacewood 7730 Spurlock Rd
Beaumont, TX 77713 Beaumont, TX 77706 Beaumont, TX 77713
892-7012 673-1234 899-1069
73 George Marshall Jr. High (Rep) (Dem) 4
School Jennifer Pate Herman Granger
6455 Gladys 6645 Windwood Ln. 3760 Robinson
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont,TX 77708
866-4174 866-3592 892-0186
74 Fire Station Meeting Room (Rep) (Dem) 4
3707 Central Blvd Sandra Plock Helen Benoit
Nederland, TX 77627 1315 Travis St. 1412 Houston Ave.
722-6922 Nederland, TX 77627 Nederland, TX 77627
729-3911 722-7656
344-1708
75 Lamar- Health & Human (Dem) (Rep) 2
Performance Complex A Diane Dennis Leni Carothers
East Lavacca at University 4975 Tupelo 3189 Williamsburg Ln
Drive Beaumont, TX 77708 Pt. Neches,TX 77651
Beaumont, TX 77705 924-8498 729-8105
880-7011 338-5339
76 William B. Travis Elementary (Dem) (Rep) 4
1115 Lakeview Rodney Tizeno Gunther Brunow
Port Arthur, TX 77642 3610- 12th St. 1724 Duff Dr.
982-2891 Port Arthur, TX 77642 Port Arthur, TX 77642
982-8534 983-3656
77 St. Pius X School (Dem) (Rep) 3
3355 McHale Julia Roberts
Beaumont, TX 77708 890 Prairie St.
892-3316 Beaumont, TX 77701
835-4842
78/27/86 Vincent Middle School
350 Eldridge (with PCT 27/86) (with PCT 27/86)
Beaumont, TX 77707
866-1491
79/100 Tennis Center (Rep) (Dem) 3
6455 College John Mistrot Edwin Bearb
Beaumont, TX 77707 367 Georgetown 7455 Prestwick Cir.
866-2833 Beaumont, TX 77707 Beaumont, TX 77707
866-4378 842-6789
893-7870
80/56 C.O. Wilson Jr. High School
2620 Helena Ave. (with PCT 56) (with PCT 56)
Nederland, TX 77627
727-6224
81/52/53 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/53) (with PCT 52/53)
Entrance
Port Arthur, TX 77640
982-4336
82 Cedar Park Community Room (Rep) (Rep) 4
7601 -9th Avenue Lola Snyder Rita Brehmer
Port Arthur, TX 77642 2038 Williams 2335 Oaklawn
722-0459 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4785 985-9560
748-0885 ce;;
83 Central Jr. High School (Rep) (Dem) 3
200- 17th St. James Porter Reid Pletcher
Nederland, TX 77627 2103 Canal St. 116-3rd St.
727-5765 Nederland, TX 77627 Nederland, TX 77627
722-5470 721-5810
84 Fehl Elementary (Dem) (Rep) 3
3350 Blanchette Clara Bell Oliver Connie Teuscher
Beaumont, TX 77701 1180 Skipwith 825 Thomas Rd.
835-3871 Beaumont, TX 77701 Beaumont, TX 77706
832-3028 899-4001
85 PACE Union Hall (Dem) (Rep) 3
2490 S. 11th St. Alice M. Dyes Mary Randall
Beaumont, TX 77701 4665 Corley 4255 Corley
842-3952 Beaumont, TX 77707 Beaumont, TX 77707
842-0953 842-8204
86/27/78 Vincent Middle School
350 Eldridge (with PCT 27/78) (with PCT 27/78)
Beaumont, TX 77707
866-1491
87/88/99 Pine Burr Baptist Church (Dem) (Rep) 3
5095 Pine Burr Blvd. Jackie Duriso Wallce Domingue
Beaumont, TX 77708 5550 Folsum#166 5620 Concord Rd.
892-4974 Beaumont, TX 77706 Beaumont,TX 77708
767-5107 898-0976
656-0803
88/87/99 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/99) (with PCT 87/99)
Beaumont, TX 77708
892-4974
89 Ridgewood Retirement Center (Dem) (Rep) 2
2520 IH 10 East Darlyne Dorsey Debra Holmes
Beaumont, TX 77705 1250 Condon 128 Fir Ln
899-2531 Beaumont, TX 77701 Beaumont,Tx 77713
835-9908 753-3365
90/17/26 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/26) (with PCT 17/26)
Beaumont, TX 77707
866-2700
91/30 Fannett Elementary
23395 Burrell Wingate (with PCT 30) (with PCT 30)
Beaumont, TX 77705
794-1412
92 First Baptist Church (Rep) (Dem) 3
Blewett Road Harold Jones Annie Devault
Cheek, TX 77705 PO Box 2018 4265 Corley
842-1237 Winnie, TX 77665 Beaumont, Tx 77707
243-2614 842-1400
656-6577
93/47/10 O.W. Collins Retirement Center
2 4440 Gulfway (with PCT 47/102) (with PCT 47/102)
Port Arthur, TX 77642
982-6441
94/57/58 Jefferson County
Sub-Courthouse (with PCT 57/58) (with PCT 57/58)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
95/45/70/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/70/109) (with PCT 45/70/109)
Port Arthur, TX 77642
983-3286
96/46 Park Place Fire Station
3300 Memorial Blvd. (with PCT 46) (with PCT 46)
Port Arthur, TX 77642
985-8920
97 NO RESIDENTS
98/35/10 Full Gospel Christian Center
6 9401 Hwy. 69 (with PCT 35/106) (with PCT 35/106)
Port Arthur, TX 77640
724-1271
99/87/88 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/88) (with PCT 87/88)
Beaumont, TX 77708
892-4974
100/79 Tennis Center
6455 College (with PCT 79) (with PCT 79)
Beaumont, TX 77707
866-2833
101/31/1 Labelle-Fannett VFD
08 3473 Pine Tree Rd. (with PCT 31/108) (with PCT 31/108)
Beaumont, TX 77705
796-1529 .
102/47/9 O.W. Collins Retirement Center
3 4440 Gulfway (with PCT 47/93) (with PCT 47/93)
Port Arthur, TX 77642
982-6441
103 NO RESIDENTS
104/116 Calvary Baptist Church (Rep) (Dem) 5
3650 Dowlen Rd. Frank Thomas Helen Stone
Beaumont, TX 77706 3599 Briar Creek Dr. 2260 21 st St
898-7074 Beaumont, TX 77706 Beaumont, TX 77706
347-1623 898-4633
105 NO RESIDENTS
106/35/9 f=ull Gospel Christian Center
8 9401 Hwy. 69 (with PCT 35/98) (with PCT 35/98)
Port Arthur, TX 77640
724-1271
107 NO RESIDENTS
108/31/1 Labelle-Fannett VFD
01 3473 Pine Tree Rd. (with PCT 31/101) (with PCT 31/101)
Beaumont, TX 77705
796-1529
109/45/7 Stilwell Technical Center
0/95 4801 9th Avenue (with PCT 45170/95) (with PCT 45/70/95)
Port Arthur, TX 77642
983-3286
110 NO RESIDENTS
111 NO RESIDENTS
112 NO RESIDENTS
113 NO RESIDENTS
114 NO RESIDENTS
115 NO RESIDENTS
116/104 Calvary Baptist Church
3650 Dowlen Rd. (with PCT 104) (with PCT 104)
Beaumont, TX 77706
898-7074
EXHIBIT " C "
Carolyn L. Guidry
COUNTY CLERK
Theresa Goodness JEFFERSON COUNTY
Chief Deputy P. O.Box 1151
Beaumont,Texas 77704
409-835-8475 Phone Email Address:
409-839-2394 FAX coLm clerk6n)co.jefferson.tx.us
EARLY VOTING LOCATIONS AND HOURS FOR
MAY 12,2007 JOINT ELECTION
CONSTITUTIONAL AMENDMENT ELECTION
AND POLITICAL SUBDIVISION ELECTIONS
COURTHOUSE EARLY VOTING LOCATIONS AND HOURS:
Beaumont Courthouse 1001 Pearl St., Beaumont, Texas
Port Arthur Sub-Courthouse 525 Lakeshore Dr., Port Arthur, Texas
April 30—May 4 Monday-Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
BP:ANCH EARLY VOTING LOCATIONS:
Sterling Pruitt Activity Center 2930 Gulf Street, Beaumont, Texas
Roger's Park Community Center 1455 Dowlen Rd., Beaumont, Texas
Theodore Johns Library 4255 Fannett Rd., Beaumont, Texas
Precinct One Service Center 1201 W. Hwy. 90, China, Texas
Nederland City Hall 1400 Boston Avenue, Nederland, Texas
Groves City Hall 3947 Lincoln Avenue, Groves, Texas
Port Arthur Public Library 4615 Ninth Ave, Port Arthur, Texas
Effie & Wilton Hebert Library 2025 Merriman, Port Neches, Texas
EARLY VOTING HOURS FOR THESE BRANCH LOCATIONS:
April 30—May 4 Monday- Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
EXHIBIT " D "
Mr. Joe B. Wilson Dr. Bruce Drury Ms. Mary Motley
1855 Euclid 3555 Long 200 E. 9th Street
Beaumont, Texas Beaumont, Texas Port Arthur, Texas
77705 77706 77640
Mr. Nelson Mouton Mr. Rudolph Antoine Mr. Richard Foulk
4276 Cadillac 4640 St. Louis 3670 Crestwood
Beaumont, Texas Beaumont, Texas 77705 Beaumont, Texas 77706
77705
Dr. Charles Walker Mr. Randall Rosenberry Mr. Walter Lombard Jr.
5770 Fleetwood Ln. 7815 Sheila Ln. 5215 Gail Dr.
Beaumont, Texas Beaumont, Texas 77713 Beaumont, Texas 77708
77706
Ms. Gail Peterson
1078 W. Lucas Dr.
Beaumont, Texas
77706
Early Voting Ballot Board
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Joint Election
Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
4
March 20, 2007
Consider approving an ordinance allowing for an additional six(6)months for the parking, use
and occupancy of recreational vehicles and travel trailers on residential property as temporary
living quarters by property owners while the damage to these properties caused by Hurricane Rita
is being repaired
I
City o f Beaumont
cl Council Agenda Item
�IN c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 5, 2007
REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional
six (6) months for the parking, use and occupancy of recreational
vehicles and travel trailers on residential property as temporary living
quarters by property owners while the damage to these properties
caused by Hurricane Rita is being repaired.
RECOMMENDATION
The Administration recommends approval of an ordinance allowing for an additional six(6)months
for the parking,use and occupancy of recreational vehicles and travel trailers on residential property
as temporary living quarters by property owners while the damage to these properties caused by
Hurricane Rita is being repaired.
BACKGROUND
Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council
approved Ord.No.05-078 which allows residents to park,use and occupy recreational vehicles and
travel trailers on their properties while repairs to their homes are being made. This ordinance
specified a time frame of six (6) months. On April 4, 2006 and September 26, 2006, the City
Council approved Ord. No. 06-021 and Ord. No. 06-064, granting a six (6) month extensions.
However, due to many unresolved issues, there are still a large number of individual property
owners who are unable to get back in their homes. Allowing the continued use of recreational
vehicles and travel trailers as living quarters for an additional six (6) months would benefit those
whose homes are still under construction. It would be in the best interest of these residents to allow
them to remain close to their properties during this time of repair. It not only allows them to protect
their property by being there, but also allows them to renjain in the City of Beaumont while their
properties are being repaired.
At a Public Hearing held on October 11,2005,the City Council approved Ord.No.05-078 allowing
for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel
trailers on residential property as temporary living quarters by property owners while the damage to
these properties caused by Hurricane Rita is being repaired. By approving Ord.No.06-021 on April
4,2006 and Ord.No.06-068 on September 29,2006,the City Council,each time,extended the time
period for six months.
Recommended by City Manager, City Attorney,Public Works Director
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY DURING THE PERIOD OF
REPAIR OR RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANE RITA; PROVIDING
FOR SEVERABILITY; AND PROVIDING A PENALTY.
WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078
allowing for a period of six (6) months the parking, use and occupancy of recreational
vehicles or travel trailers as temporary housing during the period of repair or reconstruction
of hurricane-damaged properties; and,
WHEREAS, on April 4, 2006, and September 26, 2006, City Council approved
Ordinance Nos. 06-021 and 06-064, each granting a six (6) month extension; and,
WHEREAS, a large number of individual property owners still are presently unable
to occupy their residences; and,
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont to extend the privilege for an additional six (6) month period to allow
recreational vehicles or travel trailers to be occupied on residential property as temporary
housing during the period of repair or reconstruction of hurricane-damaged properties
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT it is hereby permitted for an additional period of six (6) months from the
effective date of this ordinance the parking, use, and occupancy of recreational vehicles
or travel trailers on residential property as temporary living quarters by property owners
while the damage to these properties caused by Hurricane Rita is being repaired.
Section 2.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes of occupancy as temporary living quarters on any street, highway,
alley, sidewalk, or other public place in the City of Beaumont.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
5
March 20, 2007
Consider approving a contact for litter removal services for City rights-of-way
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a contract for litter removal
services for City rights-of way.
RECOMMENDATION
Administration recommends the award of an annual contract to Beaumont Products and Services,
Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at
a rate of$12.64 per person,per hour worked. The contract will be effective April 1,2007.
BACKGROUND
Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit State certified
workshop. State certified workshops encourage and assist disabled persons to achieve maximum
personal independence by engaging in useful and productive activities.Job programs are designed
for disabled individuals and marketed throughout the community. The State exempts political
subdivisions from competitive bidding requirements when contracting with a certified workshop.
BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In
1996,the contract was changed to provide litter removal services on a pay per hour worked basis.
This method allows staff to select the area in which litter removal services are of greatest need and
assign the contractor to that area.
BPS provides a crew of four(4)collection personnel and one(1)supervisor/driver,five(5)days per
week, excluding City holidays. BPS will be paid $12.64 per hour, per person worked. This cost
includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate
provides the City with the option of using the crews only when and where needed.
The hourly price of$12.64 reflects a 2.5%increase above the previous hourly rate of$12.33 which
Contract for Litter Removal
March 12,2007
Page 2
was effective since April 2006. BPS requested the increase to cover rising insurance costs. During
the past twelve months, BPS has worked approximately 9,525 labor hours,removing about 1,570
cubic yards of litter, at an estimated cost of$117,443.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual contract with
Beaumont Products and Services, Inc. for furnishing litter removal services on arterial
street rights-of-way and other specific areas at a rate of$12.64 per person per hour worked
effective April 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
6
March 20,2007
Consider approving a contract for mowing privately owned developed and vacant properties in
I of weed ordinances
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing privately
owned developed and vacant properties in violation of weed
ordinances.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing privately owned developed and vacant properties for the unit prices stated in the attached
tabulation resulting in the estimated annual cost of$81,400.
BACKGROUND
Privately owned properties are in violation of the City's weed ordinance when uncultivated growth
exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time
to bring the property into compliance. If property owners fail to comply with the ordinance, the
City's contractor mows the property and the property owner is fined.
Bids were solicited for an annual contract to provide this mowing service for the Public Health
Department, Code Enforcement Division. Specifications requested a minimum price for cutting
properties 6,500 square feet or less in size,a second price per square foot for properties greater than
6,500 square feet but less than an acre,and a third price per acre for properties greater than one(1)
acre.The majority of the properties are standard size lots between 6,500 and 8,500 square feet.Bids
received are detailed on the attached tabulation.The apparent low bid was withdrawn by the vendor.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each day.All properties must be mowed within five(5)days after notification.
Inspection of the properties will be made by the representatives in the Code Enforcement Division
prior to payment to ensure compliance with the specifications.
Mowing Contract-Privately Owned Properties
March 12,2007
Page 2
BUDGETARYIMPACT
Fiends are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$81,400.
e �'
11 11 11�= a. ail II
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT PROPERTY
BID OPENING DATE: THURSDAY,MARCH 1,2007 @ 2:00 PM
BID NUMBER: TF0207-33
City Beaumont,TX J, _ Beaumont,TX _ il_ Beaumont,TX i! North Star Unlimited
[Vendor The Garden of Gethsemane Perfect Cut Lawn Care Yardbo Lawncare
_ Beaumont,TX
-- ------
� it Est.Annual Qty. � Unit Pnce Ext. Price i' Unit Prim][-Ext. Pri �� -'r Unit Price ii ExtExt P irceirce
—Price �� Unit Price �xt. Price ��.
6,500 sq.ft.or less minimum bid 600 cuttings $63.00 $37,800.00 $15.00 $9,000.00 j 23 00 $19,200.00 !; $23.50 $14,100.00
6,500 sq.ft.up to one acre 24,000,000 sq.ft. $0.0015 $36,000.0011 $0.0030 $72,000.0011 $0.0031 $74,400.00 $0.004351 $104,400.00ii
One acre or greater J 1O parcel> 1_acre _ $180.00 $1,800.00;`____$40.00 _--_ $400.00 1 _______$80.001 $800.00 : _ $130.00 j $1,300.00
--
TOTAL �� ***$75,600.OQ $81,400.00!1 $94,400.00;!_ 0�
-- - ---- ***BID WITHDRAWN ----- ---- — -- ----
$119,800.00
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for mowing privately-owned
developed and vacant properties in violation of weed ordinances; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid for the unit
prices stated in the tabulation below, resulting in an estimated annual cost of $81,400:
Est. Annual Qty. Unit Price Ext. Price
6,500 s .ft. or less minimum bid 600 cuttings $15.00 $9 000.00
6,500 s .ft. up to one acre 24,000,000 s .ft. $0.0030 $72,000.00
One acre or greater 10 parcel > 1 acre $40.00 $400.00
TOTAL $81,400.00
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut
Lawn Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing privately-owned developed and vacant properties for the unit prices
stated above for an estimated annual cost of $81,400 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
7
March 20,2007
Consider approving a contract for mowing City-owned and abandoned developed and vacant
properties
City Council Agenda Item
NNE
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing City-
owned and abandoned developed and vacant properties.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing City-owned and abandoned developed and vacant properties for the unit prices stated
in the attached tabulation resulting in the estimated annual cost of$45,420.
BACKGROUND
City-owned properties consist of donated property and lots purchased for neighborhood revitalization
or street rights-of-way. Abandoned property is privately owned but the owners cannot be located.
Currently,there are approximately 270 parcels of City-owned property ranging from 625 square feet
to approximately 3.3 acres and 95 parcels of abandoned property ranging in size from 1,625 square
feet to 28,675 square feet or approximately .7 of an acre. The Public Health Department, Code
Enforcement Division staffmaintains a list of these properties and requires a contractor to mow them
every six (6)weeks during the growing season.
Bids were solicited for an annual contract to provide this mowing service. Contract specifications
requested a minimum price for cutting properties 6,500 square feet or less in size,a second price per
square foot for properties greater than 6,500 square feet but less than an acre,and a third price per
acre for properties greater than one (1) acre. The majority of the properties are standard size lots
between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each week. All properties must be mowed within five (5) days after
notification. Inspection of the properties will be made by a representative from the Code
Mowing Contract-City-Owned and Abandoned Properties
March 12,2007
Page 2
Enforcement Division prior to payment to ensure compliance with the specifications.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$45,420.
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT
CITY OWNED &ABANDONED PROPERTY
BID OPENING DATE: THURSDAY, MARCH 8, 2007 @ 2:00 PM
BID NUMBER: TF0207-34
(Vendor 1 Perfect Cut Lawn Care IIr Yardboy Lawn Caret North Star Unlimited
City/State _ Beaumont, TX —__JL Beaumont, TX Beaumont, TX
Est. Annual Q Unit Price Ext. Price Price ? Ext. Price Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings 15.00 $7,500.001, $16.00 $8,000.00 14.00 $7,000.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.0011 $0.0026 ( $39,000.00 $0.0028 $42,000.00
One acre__or greater _ _ 7 parcel > 1 acre I $60.00!, $420.00 $85.00 $595.00 $142.50_ $997.50
[TOTAL -- - -_ ---$45,420.0[ $47,595.00 j $49,997.50
Vendor Champion Bush-hogging lj Garden of Gethsemane
City/State Beaumont, TX-----_ l Beaumont, TX
Est. Annual Qty. Unit Price Ext. Price ]�U_ni_t Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $20.00 j $10,000.00 $63.001 F$31,11500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. 1 $0.003096 I $46,440.00 $0.0027 $40,500.00
One acre or greater (I 7 parcel > 1 acre $115.00 I!, $805.00' $72.00 1 $504.00
-- --- --- 245.00 F -- 504.00]
57, $72,
RESOLUTION NO.
WHEREAS, bids were received fora contract for mowing City-owned and abandoned
and vacant properties; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid in the
estimated annual amount of $45,420 in the unit amounts as shown below:
Est. Annual Qty. Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $15.00 $7,500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.00
One acre or greater 7 parcel > 1 acre $60.00 $420.00
TOTAL $45,420.001
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn
Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing City-owned and abandoned and vacant properties in the amount of
$45420 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
8
March 20, 2007
Consider approving a bid for purchasing standby generator power systems to be used at several
fire stations and at City Hall
r
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a bid for purchasing standby
generator power systems.
RECOMMENDATION
Administration recommends awarding a bid for purchasing six(6)standby generator power systems
for installation as noted herein to A & A Electric Company of Beaumont in the total amount of
$122,630.
BACKGROUND
The generator sets specified in the bid will provide standby emergency generator power to the Fire
Station Numbers 1, 5, 6, and 14, as well as Fire Headquarters and City Hall Technology Services
Department as indicated below. These facilities currently have no permanent emergency power
systems for occurrences of power outage.Each generator set will include a transfer switch which will
allow the system to come on-line automatically when necessary,and upon restoration of utility power
will automatically retransfer the electric load to normal operation and shut down the generator.
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
Purchase of six(6)Generators
March 12,2007
Page 2
Five(5)bids were received as reflected in the attached bid tabulation. The Building Services staff
has reviewed the specifications for the equipment submitted by A&A Electric Company and has
determined it meets all performance requirements.
Installation of the generator systems will be provided by a private electrical contractor.Bids will be
solicited for this purpose.
BUDGETARYIMPACT
Funds for the purchase of the generators in the total amount of$122,630 will be provided by a 2005
State Homeland Security Program(SHSP)grant, with no matching funds required.
The installation of generators at the Fire Department facilities is estimated at$43,500 and has been
budgeted in the Building Services operating budget.The installation of the generator at City Hall is
estimated at $25,000 and will be funded by the Capital Reserve Fund. Total installation costs are
estimated at$68,500.
BID TABULATION:PURCHASE OF STANDBY GENERATOR POWER SYSTEMS
BID OPENING DATE: THURSDAY,FEBRUARY 15,2007 @ 2:00 PM
BID NUMBER: TF0107-30
(tire vendor A&A Electric Co. Equipment Parts&Service Emergency Power Serrnce� Austin Generator Service j Austin Generator Service
Ci /State Beaumont,TX Beaumont,TX Beaumont,TX Austin,TX Austin,TX !
Fax Number - 409.842.5230 409.183.4616 409.892.5725 _J_ 512.251.3315 _ 512.251.3315
unit rice! e!.price unit price ext.price unit prime ext. 'ce unit rice ext.pnce�[ unit price ext.price
100 kW Power System - � �
1 _ Diesel-Fire Station#1 i $30,9�00 $30,9601:1 $29,426.07 $29,426.07 $32,988.00 32,988.00 $34,287.00.i $34,287.0011 $30,968.00 $30,968._00
Manufacturer&Model i' Generac SD100 ! Kohler 100RE0ZJD Generac SDI 00 _ Gillette _ �- Baldor
�Delivery_ Time -- - !�- ---- - � - - ;� --- -�
30 to 40 days 10 to 12 wks 6 to 8 wks L_ 21 wks 21 wks
[ unit price ext.price unit rice L-ext. rice u-nit ext.price unit price-I ext.once unft arice ext.price
[Natural 0 kW Power System -
3 Gas-#5,6&14 $16 300.00 8900,001 19 298.52 57 895.56 23 8 8. '��$ $ _$ 6 00 $71,604.00 $24,325.00 $72,975.001,x$25,656.00 $76,968.00
---
Manufacturer&Model - - _ Generac QT06030GNSN Kohler 60rzg - Generac SGO70 Gillette Baldor
---
Delive Time 30 to 40 days _ 10 to 12 wks 6 to 8 wks 21 wks
21 wks
[_Unit Price ext.price Unit price ext.price [ Urrit once�-ext. rice unit 'ce ext price unit rice= ext.price_
180 kW Power System ---- -- ���--- �� �
1 jlNaturalGas-Fire HQ ,_$18,755.00 $19,755.00' $22,945.08i1 $22,945.08 $25,184.00$25,184.00;; $29,034.00 $29,034.00 .00 ' $30,213.00
Manufacturer&Model I.LGenerac QT 08046GNSN Kohler-80 RZG Generac SGO070 Gillette Baldor
[Delivery Time __.___- _ 30 to 40 days 1 10 to 12 wks 6 to 8 wks_ _ 21 wks j 21 wks
r- -- u�� ext.price
unit price �_ext.price J unit rice ext.price l�unit price �� ext-pn'ce once unit _ ]i ext. '
'100 kW Power System � ����
1 Natural Gas-City Hall $23,025. $23,025.00',$23,012.49! $23,012.49 $27,144.00 $27,144.00 $28,067.00 $28,067.00 $34,782.00 $34,782.00
Manufacturer&Model Generac QT10068KNSN i; Kohler 100 RZG Generac QTA 10068 Gillette Bailor
- - -
Delivery Time _ 7 30 to 40 dap
J 10_to 12 wks 6 to 8 wks_ __ 21 wks 21 wks
- -- - _ -
[_ TOTAL BID: -_ $122 630.00J[_ - $133 279.20 _ $1_56,920.00J _ _ $164,363.001! _$172 931.00 l
RESOLUTION NO.
WHEREAS, bids were received for purchasing six (6) standby generator power
systems for installation as shown below:
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
arid,
WHEREAS, A & A Electric Company, Beaumont, Texas, submitted a bid in the
amount of$122,630 in the unit prices shown below:
unit price price
1 100 kW Power System Diesel - $30,950.00
Fire Station#1
Manufacturer& Model Generac SD100
Delivery Time 30 to 40 days
3 60 kW Power System Natural $16,300.00 $48,900.00
Gas -#5,6& 14
Manufacturer& Model Generac QT06030GNSN
Delivery Time 30 to 40 days
1 80 kW Power System Natural $19,755.00 $19,755.00
Gas-Fire HQ
Manufacturer& Model Generac QT 08046GNSN
Delivery Time 30 to 40 days
1 100 kW Power System Natural $23,025.00 $23,025.00
Gas -City Hall
Manufacturer& Model Generac QT10068KNSN
Delivery Time 30 to 40 days
TOTAL BID: $122,630.00
arid,
WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric
Company, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by A&A Electric Company, Beaumont, Texas, for purchasing six
(6) standby generator power systems for installation as shown above in the amount of
$122,630 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
9
March 20, 2007
Consider approving the purchase of a hazardous environment detection system for use by
emergency workers
City Council Agenda Item
Nu
• EL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider the purchase of a RAE System hazardous
environment detection rapid deployment kit system.
RECOMMENDATION
Administration recommends the purchase of a RAE System hazardous environment detection rapid
deployment kit system through the Houston-Galveston Area Council (H-GAC) Cooperative
Purchasing Program at a total cost of$99,435,with the equipment to be ordered from RAE Systems
of San Jose, CA.
BACKGROUND
The release of toxic materials presents emergency first responders with the immediate challenge to
determine what actions are needed to protect nearby populations. Immediate questions need to be
answered regarding toxic plume travel direction and concentration levels, and decisions must be
made regarding evacuations and road closures.The RAE Systems Rapid Deployment Kit(RDK)is
a state of the art device for detection and continuous monitoring of toxic gases which may be
released during hazardous material incidents.
The RDK consists of six(6)portable wireless multi-gas detection devices and a controller equipped
with a portable computer and software that tracks data sent from the detection devices by radio
transmission. The equipment measures concentrations of flammable and explosive gases, oxygen,
carbon monoxide, and hydrogen sulfide. Emergency workers can deploy the detectors into the
hazardous area and return to a position of safety. The controller is capable of monitoring data
transmitted from the detectors up to two (2) miles away. This reduces the potential for injury to
workers from exposure to toxic substances.
Purchase of RAE System
March 12,2007
Page 2
The proposed system includes the following components:
Description Price
Rapid Deployment Kit System Package $39,000
including 4 AreaRae Detection Devices
2 additional AreaRae Detection Devices 13,100
Monitor and 4-gas plus Isobutylene Calibration Kit 700
P1umeRAE Software Primary License 30,000
P1umeRAE Weatherpak Weather Station Package 13,750
RaeLink2 Repeater Package, Modem Extension Package 2,000
Carrying Case 500
Battery Charger and Cables 85
Shipping and Handling 300
Total Cost $99,435
Delivery is expected in approximately thirty(30)days.
BUDGETARYIMPACT
Funds for the expenditure will be provided by a 2005 State Homeland Security Program (SHSP)
grant, with no matching funds required.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a RAE System hazardous
environment detection rapid deployment kit system through the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program at a total cost of $99,435.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
10
March 20, 2007
Consider approving a bid for construction of a building at the Landfill
1U7QjCity Council Agenda Item
�Z c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 13, 2007
REQUESTED ACTION: Council award a bid for the construction of a building at the
Landfill.
RECOMMENDATION
Administration recommends the award of a bid to Goss Building, Inc. in the amount of$95,000 for
furnishing all labor,materials,equipment and supplies to construct a new ticket booth at the Landfill.
BACKGROUND
Four(4)bids were received on Thursday,March 8,2007 for furnishing all labor,materials,equipment
and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new
building will replace an older structure that has been onsite for over ten (10) years. The current
building is a modified portable building built on skids.
The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre-fabricated concrete building with a
built-in work station and an ADA compliant restroom. The new building will be air conditioned and
equipped with necessary cabling for computer and phone line access.
The building is located at the entrance of the Beaumont Landfill located on Lafin Road. All
customers must check-in at this site prior to entering. This booth is manned during normal working
hours for verification of loads and payments.
In addition to the building,the paved drive will be widened to accommodate the trucks entering the
Landfill. This contract includes all concrete paved additions,electrical,plumbing and fixtures,HVAC
and associated ducts and grilles and set up of building.
Landfill Ticket Booth
March 13, 2007
Page 2
The bids received are as follow:
Contractor Price Completion Time
Goss Building, Inc. $95,000.00 75 calendar days
Beaumont, TX
Specialized Construction $99,400.00 90 calendar days
Beaumont, TX
Bruce's General Construction $104,269.00 60 calendar days
Beaumont, TX
Cleveco Construction $134,250.00 90 calendar days
Lumberton, TX
Goss Building, Inc. planned to subcontract 22% of the project to an MBE. The subcontractor
identified in his schedule is not a city or state certified MBE4RJB. The subcontractor has been
contacted and plans to submit an application for certification. The General Contractor also noted that
vendors from the City's current MBE list were contacted for bids but none responded.
BUDGETARY IMPACT
Finding is available in the Solid Waste Fund.
RESOLUTION NO.
WHEREAS, bids were received for furnishing all labor, materials, equipment and
supplies to construct a new ticket booth at the Landfill; and,
WHEREAS, Goss Building, Inc., Beaumont, Texas, submitted a bid in the amount
of $95,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Goss Building,
Inc., Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Goss Building, Inc., Beaumont, Texas, for furnishing all labor,
materials, equipment and supplies to construct a new ticket booth at the Landfill in the
amount of$95,000 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
11
March 20, 2007
Consider approving a bid to furnish draperies for the Julie Rogers Theatre
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 6, 2007
REQUESTED ACTION: Council approval of a bid to furnish draperies for the Julie
Rogers Theatre.
RECOMMENDATION
Approval of a bid for furnishing and installing draperies on nineteen(19)windows at the Julie Rogers
Theatre to McKnight Drapery Service in the amount of$84,500.
BACKGROUND
One bid was received for furnishing and installing draperies for the north and south lobbies and 2'
floor lobby windows at the Julie Rogers Theatre. Local manufacturers as well various vendors in and
out of state were notified of the bid. Most companies contacted declined to submit a bid because of
the limited completion time and the time required to make an onsite visit. Staff has been in contact
with McKnight Drapery and fabrics selected should be delivered in time to complete the project by
April 30.
The drapes include a triple over swag with cascading drapes tied back to reveal the gold accented
wall medallions. Fabric used in the manufacturer of the drapes will meet all fire and building code
requirements.
BUDGETARY IMPACT
The cost of the drapes will be submitted to the City's insurance carrier for reimbursement.
RESOLUTION NO.
WHEREAS, one (1) bid was received for furnishing and installing draperies for the
Julie Rogers Theatre; and,
WHEREAS, McKnight Drapery Service submitted a bid in the amount of$84,500;
and,
WHEREAS, City Council is of the opinion that the bid submitted by McKnight
Drapery Service should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THATthe bid submitted by McKnight Drapery Service for furnishing and installing draperies
on nineteen (19) windows in the north and south lobbies and second floor lobby windows
in the amount of $84,500 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
12
March 20, 2007
Consider authorizing the City Manager to apply for and receive funding through the Emergency
Management Performance Grant (EMPG)
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of PoliceC�
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$79,361 through the
Emergency Management Performance Grant(EMPG).
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Emergency Management Performance Grant (EMPG).
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist states and local
governments in developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System,planning,and training mandates.The federal funding guidelines are envisioned to cover half
the anticipated operating expenses which are currently funded solely through the city's budget.
BUDGETARYIMPACT
City would receive grant funding in a total amount of$79,361 which would halve the$158,722 the
City currently anticipates spending in fiscal year 2007.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
in the amount of $79,361 through the Emergency Management Performance Grant
(EMPG) program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
13
March 20,2007
Consider authorizing the City Manager to apply for and receive funding through the Department
of Homeland Security 2007 Port Security Grant Program to enhance the security of the Port of
Beaumont
N
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$1,825,000 through the
Department of Homeland Security 2007 Port Security Grant
Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Department of Homeland Security 2007 Port Security Grant Program.
BACKGROUND
The Department of Homeland Security Port Security Grant Program can be utilized to enhance the
security of the Port of Beaumont which has been designated as critical to national infrastructure. The
grant funds would be used for the purchase of 100 in-car camera systems, communication
interoperability mobile antenna repeater system with two microwave backup links for existing
repeater towers,and a fully equipped Chemical Biological Radiological Nuclear Explosive(CBRNE)
Incident Response vehicle. This equipment would enhance Detailed information is attached for your
review.
BUDGETARY IMPACT
City would receive grant funding in a total amount of $1,368,750 with the City of Beaumont
responsible for $456,250. Funding will be provided by the Capital Programs Fund.
COTP Zone: Port Arthur
Port Area: Sabine Neches River
Name of Applicant: Beaumont Police Department
Document Type: Budget
Budget Cate2ory Federal Amount Non-Federal Amount
Personnel $0.00
Fringe Benefits $0.00
Equipment $1,368,750 $456,250
In-car camera system for 100 vehicles with data link and storage capability
total:$ 595,000
Communication Interoperability mobile erectable antenna repeater system and
two microwave backup links to existing repeater towers with support equipment
total:$1,020,000
One (1) fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System total:$ 210,000
Supplies $0.00
Construction $0.00
Consultants $0.00
Other Costs $0.00
Indirect Costs $0.00
Total Project Costs: $1,825,000
Federal Request $1,368,750
Non-Federal Amount $ 456,250
Budget Narrative
• The Beaumont Police Department(BPD)respectfully requests funding to obtain
the described equipment to enhance its ability to prevent, detect,prepare for,
exercise command and control and respond to any criminal activity on the
waterway within the Port of Beaumont infrastructure, and to assist other regional
agencies in their support. BPD is depended upon to provide security, intelligence
and command and control as well as respond to criminal or terrorist activity due
to its size, expertise, equipment, and manpower capabilities. BPD must have the
ability to effectively protect first responders during identification, acquisition and
apprehension of hostile force(s),particularly with a threat as potentially deadly as
an explosive detonated in a port facility supporting the national war on terror and
potential conflagration of surrounding refineries. This equipment is directly tied
to mitigating identified security deficiencies, and will reduce vulnerability to the
viable threat of IEDs against shipping assets, and reduce the potential for injury
by personnel checking for threats. With the addition of three new LNG terminals
and the expansion of the Motiva Refinery to be the largest in the Nation,
Beaumont is becoming even more critical to the national infrastructure than it
already was.
• The digital in-car digital camera system with 100 unit cameras and supporting
primary and storage servers and infrastructure equipment will provide critical
surveillance capability to effectively and immediately communicate with
police headquarters, the Port of Beaumont, Jefferson County, U.S. Coast
Guard, and other agencies in this region. Wireless download capabilities and
system components tying in the existing mobile data computers will provide
immediate remote viewing capabilities to maintain command and control and
coordination of protection and response efforts.
Projected Cost: $595,000
• The communications interoperabilityproject includes one (1)mobile erectable
repeater antenna and support equipment and two (2) microwave backup links
and supporting equipment for two existing repeater towers. This project is
essential to maintain communications, command and control, conduct
information searches and report incidents and coordinate response during
emergencies or disasters where primary systems are rendered inoperable.
Projected Cost: $890,000
• One fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System to ensure all area police officers can safely deter, be
protected from, approach, cover, identify and address hazardous threats from
IEDs and hostile weapons fire. Police officers exposed to any hostility
currently have little to no protection against any potential threat without
access to this type of vehicle due to port infrastructure and terrain. This would
be a shared asset supporting the whole Southeast Texas region. Further, the
vehicle serves as a platform for conducting surveillance and detection
operations with the thermal and infrared imaging equipment provided under
previous round funding. The CBRNE response vehicle can be used to position
or service existing or additional surveillance equipment even in hostile
conditions. It will also serve as a command post and rescue vehicle during
potential hostilities. Additionally, this project will provide a crucial
requirement to become a Type I SWAT team under current NIMS guidance.
Projected Cost: $210,000
(12) Revocation of permit or license. For serious or repeated violations of any
of the requirements of this ordinance, or for interference with the
regulatory authority in the performance of its duties, the permit or license
may be permanently revoked after an opportunity for a hearing has been
provided by the regulatory authority. Prior to such action, the regulatory
authority shall notify the permit or license holder in writing, stating the
reasons for which the permit or license is subject to revocation and
advising that the permit or license shall be permanently revoked at the
end of five (5) days following service of such notice, unless a request for
a hearing is filed with the regulatory authority, by the permit or license
holder, within such a five-day period. A permit or license may be
suspended for cause pending its revocation or a hearing relative thereto.
If no request for hearing is filed within the five-day period, the revocation
of the permit or license becomes final.
(13) Service of notices. Notices provided for in this ordinance shall be deemed
to have been properly served when the original of the inspection report
form or other notice has been delivered personally to the permit holder or
person in charge, or such notice has been sent by registered or certified
mail, return receipt requested, to the last known address of the permit or
license holder. A copy of such notice shall be filed with the records of the
regulatory authority.
(14) Hearings. The hearings provided for in this ordinance shall be conducted
by the regulatory authority at a time and place designated by it. Based
upon the record of such hearing, the regulatory authority shall make a
final finding and shall sustain, modify, or rescind any official notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the permit or license holder by the regulatory
authority.
(15) Application after revocation. Whenever a revocation of a permit or license
has become final, the holder of the revoked permit or license may make
written application for a new permit or license.
Section 229.1716) Report of findings. This section is to be amended to add items
(7)--(9) to read as follows:
(7) Grading of food service establishments. Every food service establishment
in the City of Beaumont shall display, in a place designated by the
regulatory authority, a placard approved by the regulatory authority
stating the sanitary condition received at the time of the most recent
inspection of the establishment: Provided that temporary food service
establishments and retail food establishments shall not be subject to
grading. Immediately following each inspection of a food service
establishment, the regulatory authority shall post the appropriate sanitary
condition based upon the inspection findings, and shall issue an
appropriate notice in accordance with section 229.171 Q) of this
ordinance. Sanitary conditions of establishments shall be as follows:
TABLE INSET:
Superior An establishment whose rating scores were no more than twenty(20)
rating demerits on two consecutive prior inspections and whose rating score on the
third inspection is no more than twenty (20) demerits.
Above An establishment having a rating score of no more than twenty (20)
average
demerits.
rating
Average An establishment having a rating score of more than twenty(20) demerits
rating but no more than thirty(30) demerits.
Section 229.171(1)(2)(C). This subsection shall be amended to read as follows:
(C) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall initiate immediate corrective action on
all identified critical violations and shall initiate corrective action on all
other violations within 48 hours. Failure to initiate immediate corrective
action by the establishment may result in immediate suspension of the
permit or license by the regulatory authority. One or more reinspection
shall be conducted at reasonable time intervals to assure correction.
Section 229.171(n) Examination and detention of food. This subsection shall be
deleted to add new subsections (n)(1) and (2) to read as follows:
(n) Examination and condemnation of food.
(1) Food supplied under the provisions of this ordinance may be
examined or sampled by the regulatory authority as often as
necessary for enforcement of these rules. A receipt for samples
shall be issued by the regulatory authority. The regulatory
authority shall, upon written notice to the owner or person in
charge specifying the reason thereof, place under detention any
food which he/she determines or has probable cause to believe is
adulterated or misbranded in accordance with the provisions of
the Texas Food, Drug, and Cosmetic Act, Texas Health and
Safety Code, Chapter 431. The regulatory authority shall tag, label
or otherwise identify any food subject to detention. No food
subject to detention shall be used, served, sold or moved from the
establishment. The regulatory authority shall permit storage of the
food under conditions specified in a hold order. The hold order
shall specify with particularity the reasons therefor and shall state
that a request for hearing may be filed within ten (10) days, and,
that if no hearing is requested, the food shall be destroyed, a
hearing shall be held if so requested, and on the basis of evidence
produced at that hearing, the hold order may be vacated, or the
owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into
compliance with applicable laws. Such order of the regulatory
authority to denature or destroy such food or bring it into
compliance with the provisions of this ordinance shall be stayed if
the order is appealed to a court of competent jurisdiction within
three (3) days.
(2) Wherever the regulatory authority shall find in any food service
establishment or operations any food which is unsound, or
contains any filthy, decomposed or putrid substance, or that may
be poisonous or deleterious to health or otherwise unsafe, the
same being hereby declared to be a nuisance, the regulatory
authority shall forthwith condemn or in any manner render the
same unsalable as human food.
Section 229.171 shall be further amended to add a subsection (r)(1) and (2):
(r) Review of plans.
(1) Submission of plans. Whenever a food establishment is
constructed or extensively remodeled or whenever an existing
structure is converted for use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the regulatory
authority for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and model of
proposed fixed equipment and facilities. The regulatory authority
shall approve the plans and specifications if they meet the
requirements of all applicable laws. No food establishment shall
be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the
regulatory authority.
(2) Pre-operational inspection. Whenever plans and specifications are
required by subsection (229.171)(r) of this section to be submitted
to the regulatory authority, the regulatory authority shall inspect
the food service establishment prior to its beginning operation to
determine compliance with the approved plans and specifications
and with the requirements of all applicable laws.
(Code 1958, § 14-1; Ord. No. 83-120, § 2, 9-27-83; Ord. No. 84-32, § 2, 2-14-84; 84-
146, §§ 1, 2, 11-13-84; Ord. No. 87-65, § 1, 8-18-87; Ord. No. 88-48, § 1, 5-10-88; Ord.
No. 91-6, § 1, 1-15-91; Ord. No. 00-89, §2, 10-10-00)
Sec. 11-2. Adoption of U.S. Public Health Service Machine Vending
Ordinance and Code by reference; copy on file; amendments.
The definitions, the requiring of permits for the installation and operation of
vending machines; the prohibition of the sale of adulterated or misbranded food or drink,
and the enforcement of this section shall be regulated in accordance with the terms of
the unabridged form of "The Vending of Food and Beverages--1978 Recommended
Sanitation Ordinance of the Food and Drug Administration", a copy of which shall be on
file in the office of the city clerk; provided that the words "municipality of
" in said unabridged form shall be understood to refer to the City of
Beaumont and provided further that sections 6-601 and 6-602 of said unabridged
ordinance shall be deemed deleted.
(Code 1958, § 14-19; Ord. No. 84-32, § 3, 2-14-84)
Sec. 11-3. Reserved.
Editor's note: Ord. No. 00-89, § 3, adopted October 10, 2000, amended the Code by
repealing former§ 11-3 in its entirety. Former§ 11-3 pertained to health certificates, and
derived Code of 1958, § 14-8; Ord. No. 79-60, adopted August 7, 1979; Ord. No. 84-
130, adopted October 2, 1984; and Ord. No. 87-13, adopted March 10, 1987.
Sec. 11-4. Licenses generally--Issuance; standard fees.
(a) Upon approval of the application of all applicants, as filed with the health
department, the health department shall issue to the applicant a license or
permit.
(b) The amount of the license fees for applicants for each location, other than as
otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten (10) stools or chairs . . .
$ 5 00192.50
(2) Establishments having from eleven (11) to twenty (20) stools or chairs . . .
X99203.50
(3) Establishments having from twenty-one (21) to thirty (30) stools or chairs .
445-.W214.50
(4) Establishments having from thirty-one (31) to fifty (50) stools or chairs . . .
205:-99225.50
(5) Establishments having from fifty-one (51) to seventy-five (75) stools or
chairs . . . 24-5-.AA236.50
(6) Establishments having from seventy-six (76) to one-hundred (100) stools
or chairs . . . 225:99247.50
(7) Establishments having one hundred one (101) to one hundred fifty (150)
stools or chairs . . . 2354)9258.50
(8) Establishments having one hundred fifty-one (151) to two hundred (200)
stools or chairs . . . 2454)9269.50
(9) Establishments having over two hundred (200) stools or chairs .
255:00280.50
(10) Special food service establishments (per day) . . . 29Q89220.00
(11) Establishments needing temporary permits . . . 304)933.00
(4-3 12) Establishments needing vending machine licenses . . . 59 0055.00
(a-413) Establishments needing seafood/wholesale licenses . . . 48 0944.00
(x-514) Establishments needing seafood/retail licenses . . . 294)922.00
(4- 15) Establishments needing produce/wholesale licenses . . . 55.00
(47-16) School cafeterias, public or parochial . . . 80.0955.00
(4 817) Seasonal food service establishments . . . 75 0082.50
(481 8) Retail food stores with zero (0) to two (2) checkout counters . . .
47-5.09192.50
(291 9) Retail food stores with three (3) to five (5) checkout counters . . .
X5.90247.50
(2420) Retail food stores with six (6) to nine (9) checkout counters . . .
274:09302.50
(2221) Retail food stores with ten (10) or more checkout counters . . .
326.90357.50
(c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a
license fee which is fifty (50) per cent of the fees established above in section 11-
4(b)(1) through (16) inclusive. The term "youth oriented" shall mean nonprofit
organizations which provide services to persons more than fifty (50) per cent of
whom are less than eighteen (18) years of age. The term "elderly oriented" shall
mean nonprofit organizations which provide services to persons more than fifty
(50) per cent of whom are sixty-five (65) years of age or older. The term
"nonprofit organizations" shall mean those organizations which have been
granted an exemption or are exempt from the payment of federal income taxes.
(d) Retail food stores that have an existing city-licensed food service facility shall pay
a license fee which is fifty (50) per cent of the fees established above in sections
11-4(b)(19) through 11-4(b)(22).
(Code 1958, §§ 14-9, 14-20; Ord. No. 83-120, § 1, 9-27-83; Ord. No. 84-15, § 1, 1-17-
84; Ord. No. 84-32, § 7, 2-14-84; Ord. No. 84-146, § 3, 11-13-84; Ord. No. 85-57, § 1, 5-
28-85; Ord. No. 00-05, § 1, 1-4-00; Ord. No. 03-104, § 1, 12-9-03)
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the first
day of January up to and including the thirty-first (31st) day of July of each year, and
one-half the annual fee for all licenses issued after the thirty-first day of July and through
the thirty-first day of December of each year except for seasonal, special event and
temporary food service establishments. All licenses shall expire on the thirty-first day of
December of each year. Annual renewal fees for established businesses that are not
received by January 31 are considered late. Late payments are subject to an additional
25 percent penalty on February 1 and an additional 5 percent penalty will be charged for
each subsequent month, until payment is received.
(Code 1958, §§ 14-10, 14-21; Ord. No. 84-146, §4, 11-13-84)
Sec. 11-6. Same--Display.
Each person required to pay for a license hereunder shall keep such license
displayed in a conspicuous place in each establishment operated.
(Code 1958, § 14-14)
Sec. 11-7. Fruit and vegetables--Wholesaler's license required; application.
Every person, before opening, maintaining or operating an establishment for sale
at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall
make application for license for such business upon a blank to be furnished by the
health authority of this city, in which application the applicant shall give the following
information:
(1) Residence and business addresses of applicant.
(2) Number of establishments to be maintained and operated.
(3) Nature of business and location thereof.
(4) Method of distribution to be used.
(Code 1958, § 14-11)
Sec. 11-8. Same--Inspection of premises prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such fruit and vegetable products are cleaned, stored, packed, prepared
for or offered for sale.
(Code 1958, § 14-12)
Sec. 11-9. Same--Issuance; fees; transferability.
Upon filing of such application to sell fruits or vegetables at wholesale,
satisfactory inspection of the premises and paying the health authority a license fee of
fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate
such establishment for and during the current year for which such license is issued,
which license shall not be transferred. In case such license is issued for only a remaining
portion of such year, the fee charged shall be proportionately reduced; provided,
however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars
($25.00).
(Code 1958, § 14-13)
Sec. 11-10. Same--Construction of delivery vehicles.
All vehicles or conveyances used for distributing or delivering fruit or vegetables
must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other
filth.
(Code 1958, § 14-3)
Sec. 11-11. Seafood business--License required.
It shall be unlawful for any person to sell or offer for sale, or distribute, at
wholesale or retail, from a fixed place of business within the city any fish, oysters,
shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first
obtaining a license for the sale thereof; provided, however, that said license shall not be
required of any person selling such marine life outlined above for on-premises
consumption.
(Code 1958, § 14-15)
Sec. 11-12. Same--Application for license.
Every person, before opening, maintaining or operating such an establishment
for any of the purposes stated in section 11-11, or in any manner selling or distributing or
offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp,
lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make
application for each establishment to be so maintained and operated by applicant, upon
a blank to be furnished by the health authority, and in which application the applicant
shall give the following information:
(1) Residence and business addresses of applicant;
(2) Number of establishments to be maintained and operated;
(3) Nature of business;
(4) Whether wholesale or retail;
(5) Name of the owner of such establishment;
(6) Name under which it is to be operated.
(Code 1958, § 14-16; Ord. No. 84-32, § 4, 2-14-84)
Sec. 11-13. Same--Classes of licenses; fees; term.
(a) There shall be two (2) classes of licenses for establishments named in section
11-11, issued by the regulatory authority, said classes of licenses as follows:
(1) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14 hereof, the regulatory authority shall
issue to any person a fish wholesalers license, upon payment by the
person to the regulatory authority of the fee established by section 11-4
herein; provided however, under the terms of such license, the person
shall not be allowed to peddle from store to store but his sales must be
made directly either by delivery upon a previously executed order or
directly from his place of business. Nothing in this section shall prohibit
any person from making delivery to any retail store in the city, provided
such delivery is made in pursuance of a previously executed order from
the merchant or retail establishment.
(2) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14, the regulatory authority shall issue
to any person a fish retailers license upon payment by the person to the
regulatory authority of the fee established by 11-4 herein; provided,
however, under the terms of such license, the person shall not be allowed
to peddle from store to store or from house to house or upon the streets
of the city, but his sales must be made directly, either by delivery upon a
previously executed order, or directly from his place of business.
(b) The licenses provided in section 11-11 shall be for the period of the calendar
year, regardless of the date of issuance or unless sooner revoked.
(Code 1958, § 14-17; Ord. No. 84-32, § 5, 2-14-84)
Sec. 11-14. Same—Inspection prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such marine products are cleaned, stored, packed, prepared for or
offered for sale.
(Code 1958, § 14-18)
Sec. 11-15. Same—Regulations generally.
It shall be unlawful to sell or offer for sale, within the city, any fish, oysters,
shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the
waters under the jurisdiction of the state, have not been approved by the state
department of health under the regulations and permit of such department, both as to
preparation and packing for shipment and shipment; or if such marine products are
taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell
or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles, terrapins, crayfish and clams, which have not been taken from the waters under
the jurisdiction of the state and approved by the proper authorities of the state, and
under the regulations and permit of the state authorities, and of the United States Public
Health Service, both as to preparation and packing for shipment and shipment; and in so
selling and offering for sale such marine products, it must be indicated either by
certificate or otherwise from such state authorities that such marine products were taken
from the waters and packed and shipped as approved and required by such regulations.
(Code 1958, § 14-5)
Sec. 11-16. Same--Refrigeration.
The food commodities named in section 11-15 shall be kept in adequate
refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such
commodities are sold, either at wholesale or retail, and the delivery thereof not made at
the time of sale, the same shall be delivered in a sanitary manner, and shall be at a
temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery.
(Code 1958, § 14-6)
Sec. 11-17. Same--Adulteration of oysters.
It shall be unlawful for any person to adulterate oysters, by adding thereto ice,
water, sodium sulphate or any other preservative for the purpose of increasing the
quantity of or preserving such oysters.
(Code 1958, § 14-7)
Sec. 11-18. Peddling, selling of certain items in public places prohibited.
(a) It shall be unlawful for any person to peddle, sell or offer for sale beverages
served by the glass, hot tamales, enchiladas, red hots, wieners, sausages,
hamburgers, fresh and salt water fish and all other marine life, sandwiches or any
other similar food products easily contaminated by dust, dirt or flies, along or
upon any public street, sidewalk, alley or any other such public easements or
rights-of-way in the city.
(b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet,
flavored ices or other frozen dairy products along or upon any public streets,
sidewalks, alleys or other public easements or rights-of-way within the city unless
said products are individually packaged frozen dairy products sold from vehicles
equipped with refrigeration facilities adequate to maintain temperatures sufficient
to ensure that the products remain frozen. The products shall be prepackaged
frozen dairy products manufactured, frozen and packaged by a frozen dairy
foods products plant licensed by the State Department of Health. Any person
who sells or offers for sale packaged frozen dairy products from refrigerated
vehicles shall first obtain a permit as provided for in section 11-34 of the Code of
Ordinances. Following the issuance of a permit, each vehicle operating under
said permit shall be inspected once every six (6) months on the premises of the
health department. Revocation of permits shall be in accordance with section 11-
34 of the Code of Ordinances.
(Code 1958, § 14-2; Ord. No. 82-30, § 1, 3-23-82)
., FOgulated.
,
,
Secs. 11-20--11-29. Reserved.
ARTICLE II. RESERVED*
*Editor's note: Ord. No. 00-89, § 4, adopted October 10, 2000, amended the Code by
repealing former art. II, §§ 11-30--11-48, in its entirety. Former art. II pertained to dairy
products, and derived from the Code of 1958, §§21-1--21-19.
Secs. 11-30--11-79. Reserved.
ARTICLE III. RESERVED*
*Editor's note: Ord. No. 00-89, § 5, adopted October 10, 2000, amended the Code by
repealing former art. III, § 11-80, in its entirety. Former art. II pertained to meat and
poultry, and derived from the Code of 1958, § 20-1.
Sec. 11-80. Reserved.
ARTICLE IV. FOOD SERVICE MANAGERS'S CERTIFICATE*
*Editor's note: Ord. No. 84-32, § 8, adopted Feb. 14, 1984, provided for the addition
of Art. IV, food service manager's certificate, §§ 11-81--11-89, to read as herein set out.
Sec. 11-81. Purpose.
There shall be a program of food service manager's certification conducted under
the direction of the regulatory authority. Such a program shall have as its primary goal
the training of persons in managerial positions (person in charge) within the food service
industry in safe food handling practices, including knowledge of the City of Beaumont's
food service sanitation ordinance. Training shall be accomplished by means of a special
course which will be made available at regular intervals to those persons seeking
certification. Certification shall be accomplished after all course requirements have been
met and the applicant has demonstrated by means of an examination that such person
possesses the required minimum essential knowledge as determined by the regulatory
authority.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-82. Food service manager certification required.
It shall be unlawful for any person owning, operating, directing, or managing any
food service establishment, catering operation, or any place or vehicle regulated by the
city food service sanitation ordinance where food or drink is manufactured, produced,
processed, prepared, or otherwise manipulated, within the city, to fail to keep in his
employ a manager, assistant manager, supervisor, or other person in charge of said
establishment who has a valid and current food service manager's certification issued by
the regulatory authority. Whenever a food service manager certificate has expired or the
holder of the certificate is no longer employed in the food service establishment, ninety
(90) days shall be allowed for the food service establishment to comply with this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-83. Exemption.
Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn,
prepackaged foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares,
nursing homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week by
state or federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and
(5) Persons operating a mobile food unit or supplying food to vending
machines.
For the purposes of this article, a nonprofit organization shall mean an organization
which has been granted an exemption or is exempt from the payment of federal income
taxes.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-146, § 5, 11-13-84)
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who submits
the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's Certification
Course or shows evidence of completion, within the past three (3) years,
of a course of study which is listed in the Texas Department of Health
€eod-Sev+ceState Health Services Worker's Training Program Course
Registry, and achieves the required minimum score of seventy-five (75)
points out of a possible one hundred (100) points on a written
examination administered or approved by the regulatory authority. An
applicant who fails to achieve a minimum score of seventy-five (75) on
the written examination may repeat the examination one (1) time without
repetition of the food sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by an
agency which administers a national examination determined by the
Texas Department of Wealth State Health Services and/or the U.S. Food
and Drug Administration to be content valid and legally reliable; or
(c) Provides an associate's or bachelor's degree, or the equivalent, awarded
within the past three (3) years, in restaurant or hotel and restaurant
management from an accredited college or university.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91)
Sec. 11-85. Term of certification.
A food service manager's certificate shall be valid for three (3) years from the
date of issuance. The expiration date will be written on each certificate issued. The term
may be less than three (3) years for an individual who was certified by another agency or
organization as provided for in section 11-84. No certificate shall be transferable from
one person to another person.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-86. Renewal of certificates.
Unless reexamination is required by state or federal law, a food service
manager's certificate may be renewed by completing and submitting the renewal
application form provided by the regulatory authority not more than thirty (30) days
before nor sixty (60) days after the date of expiration of the certificate. Such application
for renewal must be accompanied by payment of the fee as set out in section 11-88 of
this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-87. Revocation of a food manager's certificate.
(a) A food service manager's certificate may be revoked by the regulatory authority
on a finding that any of the following grounds exist:
(1) That the food service manager interfered with an inspection of the food
service establishment by agents of the regulatory authority;
(2) That violations of the City of Beaumont's food service sanitation
ordinance exist in the food service establishment;
(3) That the certified food manager knowingly falsified any information
supplied on an application for certification issued under this article;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager's certificate which
has not been duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager's certificate, the regulatory authority
shall give written notice to the holder of the certificate and to the owner of the
food service establishment in which the food service manager is employed. Such
notice shall state:
(1) The grounds upon which the City of Beaumont will seek revocation of the
certificate;
(2) That revocation becomes final ten (10) days after notice unless a written
request for hearing is filed with the regulatory authority before expiration
of the ten-day period.
(c) The notice required by this article is considered served when it is delivered to the
holder of the certificate, and the owner of the food service establishment, or
when it is sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the certificate and the owner of the food service
establishment. A copy of the notice shall be filed in the records of the regulatory
authority.
(d) The hearing provided for in this article shall be conducted by the regulatory
authority at a time and place designated by the regulatory authority. After
completion of the hearing, the officer designated by the regulatory authority to
conduct the hearing shall make written findings as to whether or not the
certificate is to be revoked. If the hearing officer revokes the certificate, written
notice of such revocation shall be served on the food service manager and the
owner of the establishment with a copy of the findings. Upon receiving written
notice that the food service manager's certificate has been revoked, the food
service manager shall surrender the certificate to the regulatory authority.
If the food service manager fails to appear at the hearing at the time, place, and
date specified, the City of Beaumont shall present sufficient evidence to establish a
prima facie case showing that an act or acts have been committed which constitute
grounds for revocation of the certificate.
In the event a certificate is revoked, the City of Beaumont shall not be liable for
any refund of any part of the fee paid for the certificate.
A person whose food service manager's certificate has been revoked, shall not
be granted a new certificate until such person has attended a course of training and
passed the required examination subsequent to the revocation, and met all requirements
of an initial applicant.
Food service managers certificates remain the property of the City of Beaumont
Environmental Health Division and must be surrendered to the regulatory authority to be
voided when the permit has been revoked.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-88. Fees.
(a) The fee for issuance of a food service manager's certificate is ten dollars
($10.00).
(b) The enrollment fee for the food service sanitation course of study provided by the
regulatory authority shall be fifty dollars ($50.00) and will not be refunded once
the course has begun. Those organizations which are exempt from the food
service manager's certification course under section 11-83(2) herein may attend
the food service sanitation course without payment of the required enrollment
fee, so long as the training is being provided by city staff subject to an availability
of space.
(c) The fee for replacement of a valid and current certificate which has been lost,
stolen, or damaged shall be five dollars ($5.00).
(d) All fees for issuance of certificates will be refunded in the event that no certificate
is issued.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-72, § 1, 6-12-84)
Sec. 11-89. Certificate to be displayed in establishment.
Food service manager certificates shall be prominently posted in the
establishment in a place acceptable to the regulatory authority.
(Ord. No. 84-32, § 8, 2-14-84)
Secs. 11-90--11-109. Reserved.
ARTICLE V. RETAIL FOOD STORE SANITATION CODE*
*Editor's note: Ord. No. 00-89, § 6, adopted October 10, 2000, amended the Code by
repealing art. V, §§ 11-110--11-233, in its entirety. Former art. V pertained to the retail
food store santitation code, and derived from Ord. No. 85-57, adopted May 28, 1985;
and Ord. No. 91-6, adopted January 13, 1991.
Secs. 11-110--11-233. Reserved.
2
March 20, 2007
Consider adopting a resolution of support for House Bill 2818 delaying transition into retail
competition in the Entergy-Gulf States, Inc. service area
�"'A" City Council Agenda Item
M M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 16, 2007
REQUESTED ACTION: Council consider adopting a resolution of support for House
Bill 2818 delaying transition into retail competition in the
Entergy-Gulf States, Inc. service area.
RECOMMENDATION
Administration recommends approval of a resolution of support for House Bill 2818 delaying retail
open access in the Entergy-Gulf States, Inc.'s service area.
BACKGROUND
The City Council met in work session on February 13, 2007, with representatives of other cities
within the EGSI service area to discuss issues related to Entergy's proposed transition into retail
competition in the deregulated electric market. A presentation was made by legal counsel on behalf
ofthe Cities Steering Committee addressing several reasons why transition to competition at this time
is not feasible and should be delayed. The Steering Committee is recommending that the participating
cities adopt the attached resolution supporting House Bill 2818 delaying competition in the EGSI
service area for the following reasons:
(1) Customers in the Electric Reliability Council of Texas(ERCOT)that have participated in the
deregulated markets since January 1,2002,have experienced substantial rate increases under
the competitive model;
(2) EGSI estimates that Company customers will see at least a 40% increase under the
competitive model;
(3) EGSI has attempted to transition to competition in the past and failed after spending over
$200 million which customers are paying back through surcharges over the next 15 years;
(4) EGSI will soon be imposing yet another surcharge to recover the $352 million in damages
associated with Hurricane Rita;
(5) Communities and customers in Southeast Texas are still recovering from the effects of
Hurricane Rita and further rate increases will hinder economic development.
It was the general consensus of those present at the work session that it would not be in the best
interest of the citizens within the EGSI service area for EGSI to move to open competition at this
time.
The administration is recommending adoption ofthe resolution supporting the passage ofHouse Bill
2818 which would delay transition to open competition in the EGSI service area until such time as
the legislature decides competition should move forward.
BUDGETARY IMPACT
The customers in the EGSI service area will realize a substantial savings by delaying transition to
open competition in the deregulated electric market.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING
RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S
SERVICE AREA
WHEREAS, On December 29, 2006, Entergy Gulf States Inc. ("EGSI" or
"Company") filed its transition to competition plan with the Public Utility Commission of
Texas ("PUC" or"Commission") in accordance with Public Utilities Act, Tex. Util. Code
("PURA") § 39.452(g);
WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric
Reliability Council of Texas ("ERCOT") and that competition will commence in 2013;
WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to
competition will cost over $1 billion;
WHEREAS, EGSI requests current reimbursement of its costs to join ERCOT and
transition to competition;
WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and
determined that the case shall proceed as a contested case;
WHEREAS, EGSI estimates that competition will result in at least a 40% increase
in rates;
WHEREAS, all other non-ERCOT utilities have delayed the transition to
competition for their service areas;
WHEREAS, EGSI has increased its rates over the last year through surcharges
designed to recover $217.5 million for EGSI's failed transition to competition and $321
million to restore power following Hurricane Rita;
WHEREAS, many customers in the EGSI service area are still recovering from
Hurricane Rita and the additional rate increases contemplated by EGSI's transition to
competition plan could stifle economic development;
WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in
EGSI's service area, was introduced;
WHEREAS, the Cities' Steering Committee has recommended supporting the
passage of House Bill 2818 delaying retail open access in EGSI's service area, as has
been done with other non-ERCOT utilities;
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont supports the passage of House Bill 2818
delaying retail open access in EGSI's service area.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of
Beaumont, Texas, this 20th day of March, 2007.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
2
3
March 20, 2007
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the City of Beaumont General Election being held jointly
wilth Jefferson County
117LJ1J
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 14, 2007
REQUESTED ACTION: Council to consider authorizing the City Manager to execute
a Joint Election Agreement between Jefferson County and the
City of Beaumont for the City of Beaumont General Election
being held jointly with Jefferson County
RECOMMENDATION
Administration recommends approval of authorization for the City Manager to execute a Joint
Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
BACKGROUND
This Joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate, supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The Jefferson County Clerk will
serve as administrator for the election;however,each participating authority remains responsible for
the lawful conduct of their respective election.
BUDGETARY IMPACT
Funds are available in the City Clerk's Operating Budget.
PREVIOUS ACTION
None
RECOMMENDED BY
City Manager and Interim City Clerk
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICES CONTRACT
BETWEEN
JEFFERSON COUNTY
AND
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 12, 2007
TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK
1 . JURISDICTION
1.1. The Governor of the State of Texas has ordered a special
election to be held on May 12 , 2007, for a constitutional
amendment election.
1.2 The Mayors, the School Board and the Port Commission of the
following political sub-divisions : City of Beaumont,
Beaumont Independents School District, Port of Beaumont,
Bevil Oaks, City of China, City of Groves, City of
Nederland, Nederland Independent School District, Nome, City
of Port Arthur, Port Arthur Independent School District,
Port of Port Arthur, City of Port Neches, Port Neches-Groves
Independent School District, Sabine Pass Independent School
District, Sabine Pass Port Authority either have or may
order an election to be held on the 12th day of May, 2007,
relating to the affairs of each political sub-division.
1 . 3 A list of each county election precinct and Election Day
polling location involved in the joint election, is shown in
Attachment "A" .
2 . ADMINISTRATION
The Jefferson County Clerk agrees to coordinate, supervise
and handle all aspects of administering the Joint Election
in accordance with the provisions of the Texas Election Code
and as outlined in this agreement . Each participating
authority agrees to pay Jefferson County for equipment,
supplies, services and administrative costs as outlined in
this agreement . The Jefferson County Clerk will serve as
administrator for the election; however, each participating
authority remains responsible for the lawful conduct of
their respective election.
PAGE 1
3 . LEGAL DOCUMENTS
3 . 1 Each participating authority will be responsible for
preparation, adoption and publication of all required
election orders, resolutions, notices and any other
pertinent documents required by their respective governing
bodies .
3 . 2 The Jefferson County Clerk will be responsible for making
the submission required by the Federal Voting Rights Act of
1965, as amended, with regard to administration of the
county constitutional amendment election only. Any
submission of pre-clearance to the Department of Justice,
will be the responsibility of each participating authority.
Preparation of necessary bilingual materials for notices and
preparation of the text for the official ballot will also be
the responsibility of each participating authority. Each
participating authority will provide a copy of their
respective election notices and justice submission to the
Jefferson County Clerk.
4 . DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN
4 . 1 Each participating authority agrees that voting at the joint
election will be by use of a direct record and optical scan
voting system approved by the Secretary of State in
accordance with the Texas Election Code . The Jefferson
County Clerk' s Office will be responsible for the
preparation of programs and the testing of the direct record
system and optical scan system used for tabulating the
ballots .
4 . 2 Jefferson County agrees to provide direct recording
electronic devices (DRE) , and voting booths for the joint
election.
5 . VOTING LOCATIONS
5.1 Voting locations will be the voting locations for the county
precincts as approved by Jefferson County Commissioners'
Court on July 31, 2006 . The voting locations are listed in
Attachment "B" of this agreement . In the event a voting
location is not available, the Jefferson County Clerk will
arrange for use of an alternate location with the approval
of each participating authority affected by the change .
Jefferson County will be responsible for submitting any
polling location changes to the Department of Justice for
pre-clearance that changes from the list approved on July
31, 2006 . The Jefferson County Clerk will notify each
participating authority of any changes from the locations
listed in Attachment "A" .
PAGE 2
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 The Jefferson County Commissioners' Court approved the
appointment of the presiding judge and alternate for each
polling location on July 31, 2006 . The Jefferson County
Clerk shall arrange for the training and compensation of all
presiding judges and clerks . The election judges are listed
in Attachment "B" of this agreement . If a person is unable
or unwilling to serve, the Jefferson County Clerk will
submit to the Commissioners' Court a substitute name for the
precinct and notify each participating authority affected by
the change .
62 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics are
required to have interpreter assistance. If a presiding
judge is not bilingual and is unable to hire a bilingual
clerk, the Jefferson County Clerk may make a recommendation.
The Jefferson County Clerk has available on staff three
bilingual deputy clerks who may assist at polling locations
if necessary.
6 . 6 The Jefferson County Clerk will hold schools of instruction
on the use of electronic and optical scan voting equipment
and on election laws . All Election Judges and Alternates
must attend an election judge training session taught by the
Jefferson County Clerk.
6.7 The election judges are responsible for picking up election
supplies at the time and place determined by the Jefferson
County Clerk. Each Election Judge and Alternate will receive
$9 . 00 per hour and each clerk will receive $8 . 00 per hour
(for a maximum of 14 hours) on Election Day. The election
judge will receive an additional $25 . 00 and the person
accompanying the elections judge will receive $10 . 00 for
picking up the election supplies prior to Election Day and
for delivering election returns and supplies to the Central
Counting Station.
All poll workers for the Early Voting period under the
supervision of the Early Voting Clerk, Carolyn L. Guidry
will be compensated at a rate of $8 . 00 per hour.
6 . 13 The Jefferson County Clerk will employ other personnel
necessary for the proper administration of the election,
PAGE 3
including such part-time help as is necessary to prepare for •
the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on election
day, and for the efficient tabulation of ballots at the
central counting station. Personnel working in support of
the central counting station on election night will receive
pay for at least two hours, minimum call for service,
regardless of the actual hours worked.
7 . SUPPLIES AND PRINTING
7 . 1 The Jefferson County Clerk will arrange for all election
supplies and election printing, including, but not limited
to, all forms, signs and other materials used by the
election judges at the voting locations .
7 . 2 The Jefferson County Clerk will provide instructions and
other information needed to enable the election judges to
conduct a proper election.
7 . 3 Each participating authority shall furnish the Jefferson County
Clerk a list of candidates and/or propositions showing the
order and the exact manner in which their candidate names
and/or proposition (s) are to appear on the official ballot . The
list will be delivered to the Jefferson County Clerk no later
than 12 : 00 noon on March 15, 2007 . Each participating authority
will be responsible for proofreading and approving the ballot
in so far as it pertains to that authority' s candidates and/or
propositions .
8 . OPTICAL SCAN BALLOTS
8 . 1 The ballot allocation for Election Day is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections that utilized the optical
scan ballot plus an additional twenty-five percent (2596) of
that number.
8.2; Ballot On Demand will print the ballots for Early Voting By
Mail as needed. Ballot On Demand will print the Provisional
ballots for the Early Voting period and a minimum of twelve
(12) ballots per ballot style will be available at each of the
Early Voting locations . Additional ballots for the Early
Voting period will be printed on an as needed basis .
9 . RETURNS OF ELECTIONS
9 . 1 The Jefferson County Clerk will be responsible for establishing
and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of
the Texas Election Code and of this agreement .
PAGE 4
9.2 The participating authorities hereby, in accordance with
Section 127 . 002, 127 . 003 and 127 . 005 of the Texas Election
Code, appoint the following central counting station officials :
Manager - Christopher Mouton
Tabulating Supervisors Paul Helegda, MIS
Director and
Ken Seholm, Asst . MIS Director
Presiding Judge - Pat Anderson
Alternate Judge - Donna Ferchak
9 . 3 The manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to the
joint participants, candidates, press, and general public by
distribution of hard copies .
9 .4 The Jefferson County Clerk will prepare the unofficial canvass
report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating
authority as soon as possible after all returns and provisional
ballots have been tabulated. All participating authorities will
be responsible for the official canvass of their respective
elections .
9 . 5 The Jefferson County Clerk will be responsible for conducting
the post election manual recount, unless a waiver is given from
the Secretary of State in accordance with Section 127 . 201 of
the Texas Election Code . Notification and copies of the
recount, if waiver is denied, will be provided to each
participating authority and the Secretary of State ' s Office.
10 . ELECTION EXPENSES
10 . 1 The participating authorities agree to share the costs of
administering the May 12 , 2007 Joint Election. An
administration fee not to exceed 10% of the total value of the
contracted services per entity shall be assessed as authorized
by the Texas Election Code, Sec . 31 . 100 . Allocation of
equipment and miscellaneous cost will be proportionate to the
number of shared polling locations and programming cost will be
assessed per entity based on the actual hours spent coding and
changing data for that entity.
PAGE 5
10.2 Each participating authority, will pay proportionately the
expenses for early voting by mail and personal appearance based
on actual cost for labor, postage and supplies .
10 . 3 Final election expenses will be determined within 30-45 days
after the election. The Jefferson County Clerk will provide
each participating authority with a detailed billing statement .
Any disputed amount should be reported within ten (10) days of
receipt of the statement . Payment is due upon receipt of the
bill if there are no discrepancies .
11 . SECURITY DEPOSIT
11 . 1 The signing of this Joint Agreement is in lieu of a deposit .
12 . RECORDS OF THE ELECTION
12 . 1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed
general custodian of the voted ballots and all records of the
Joint Election as authorized by Section 271 . 010 of the Texas
Election Code.
12 . 2 Access to the election records will be available to each
participating authority as well as to the public in
accordance with the Texas Public Information Act, Chapter
552 , Government Code, at the office of the Jefferson County
Clerk, 1001 Pearl Street, Beaumont, Texas, at any time
during normal business hours .
12 . 3 Records of the election will be retained and disposed of in
accordance with the records retention schedules and in
accordance with the provisions of Title 6, Subtitle C,
Chapters 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by
the Texas State Library and Archives Commission. If records
of the election are involved in any pending election
contest, investigation, litigation, or Texas Public
Information Act, the Jefferson County Clerk shall maintain
the records until final resolution or until final judgement,
whichever is applicable . It is the responsibility of any
participating authority to bring to the attention of the
Jefferson County Clerk any notice of any pending election
contest, investigation, litigation, or Texas Public
Information Act request, which may be filed with a
participating authority.
13 . EARLY VOTING
13 . 1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed
as early voting clerk in compliance with Sections 271 . 006 of
PAGE 6
the Texas Election Code . Other deputy early voting
judges/clerks will be appointed by the early voting clerk as
needed to process early voting mail and to conduct early
voting at the main location and branch locations.
13 .2 Early voting by personal appearance will be conducted at the
locations and times as described in Attachment "C" . Any
qualified voter for the Joint Election may vote early by
personal appearance at either the main early voting location
or at any one of the branch locations .
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported on
the day of receipt to the Jefferson County Clerk, 1001 Pearl
Street, Beaumont, Texas 77701 for processing. Persons
voting by mail will send their voted ballots to the
Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas
77704-1151 .
13 . 4 All early voting ballots will be prepared for counting by an
Early Voting Ballot Board appointed in accordance with
Section 87 . 001 of the Texas Election Code . (Exhibit D)
14. ELECTION REPORTS
The Early Voting Clerk will be responsible for ensuring the
delivery of the reports titled Early Voting Daily Vote
Totals to each participating authority each day of Early
Voting for the previous day' s voting activity. The political
sub-divisions will assist in picking up the voter sign-in
sheets each early voting day where practical and delivery to
the County Clerk' s office or the Counting Station by 4 : OOpm.
When possible, the Early Voters' reports will be delivered
by electronic means via e-mail , facsimile, or website .
15 . RUNOFF ELECTION
In the event a runoff is necessary, the agreement will
automatically be extended to cover the runoff, unless a
participating authority states in writing before April 30,
2007, that it does not wish to participate in a joint
runoff . The Jefferson County Clerk will provide each
participating authority in the joint runoff election with an
estimate of funds to be deposited in a special joint runoff
election account . The funds must be deposited no later than
five (5) days after the runoff estimate figures are received
from the Jefferson County Clerk.
PAGE 7
16 . RECOUNT
A Recount cost would be billed at the applicable rate to the
authority responsible for the canvassing of that election.
The guidelines for a Recount can be found in the Texas
Election Code, Title 13 , Chapters 211 through 216 .
17' . CONTRACT WITHDRAWAL
Any participating authority that certifies their election in
accordance with Section 2 . 051, 2 . 052 and 2 . 053 of the Texas
Election Code, may withdraw from the joint election
contract . Any expenditure incurred prior to withdrawal shall
be billed separately and that contracting authority shall be
removed from the contract . An addendum page (s) to the
contract shall be provided to the remaining participants no
later than five (5) days after notification of all intents
to withdraw have been received by the Jefferson County
Clerk.
18 . NOTICE
Whenever this agreement requires any consent, approval
notice, request or demand, it must be in writing to be
effective and shall be delivered to the Jefferson County
Clerk:
Carolyn L. Guidry, Jefferson County Clerk,
P.O. Box 1151,Beaumont, TX 77704-1151
PAGE 8
County:
APPROVED AND EXECUTED ON 2007 .
Ronald L. Walker,
COUNTY JUDGE
ATTEST:
CAROLYN L. GUIDRY, COUNTY CLERK
APPROVED AS TO FORM:
TOM RUGG,
FIRST ASSISTANT DISTRICT ATTORNEY
Entity:
APPROVED AND EXECUTED ON 2007 .
PAGE 9
ATTEST:
PAGE 10
EXHIBIT "A"
PRECINCTS AND POLLING LOCATIONS 2007
PCT LOCATION PCT LOCATION PCT LOCATION
1 French Elementary 9 Ridgewood 17/26/9 Municipal Airport
3525 Cleveland Ave. Elementary 0 455 Keith Rd., Hwy. 90
Beaumont, TX 77703 2820 Merriman Beaumont, TX 77707
8321-6631 Port Neches, TX 866-2700
77651
722-7641
2 Smith Middle School 10 Scott Olive Baptist 18 Ozen High School
4415 Concord Church 3443 Fannett Rd.
Beaumont, TX 77703 1050 Ewing Beaumont, TX 77705
892-3811 Beaumont, TX 77701 981-7500
832-0687
3 Brown Alternative Center 11 Jefferson County 19 BISD Administration
19010 Pope Courthouse Annex
Beaumont, TX 77703 1001 Pearl Street 1025 Woodrow
785-4225 Beaumont, TX 77701 Beaumont, TX 77705
835-8400 833-3762
4 BISD Administration Bldg. 12/13 Dunbar Elementary 20 Pietzsch Elementary
3395 Harrison 825 Jackson 4301 Highland
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77705
899-9972 832-7617 835-2505
5 Caldwood Elementary 13/12 Dunbar Elementary 21 Precinct 4 Barn
102 Berkshire Lane 825 Jackson W. Port Arthur Rd., 2202
Beaumont, TX 77707 Beaumont, TX 77701 Hebert Rd.
835-3818 832-7617 Guffey-Beaumont, TX
77705
Judges use cell phones
6 Central Sr. High School 14 Ogden Elementary 22 Roy Guess Elementary
88 ,Jaguar 2300 Victoria 8055 Voth Rd.
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77708
981-7100 833-2313 892-9702
7 O.C. "Mike"Taylor Career 15 MLK Middle School 23 Rosedale Baptist
Center 1400 Avenue A 7110 Concord Rd.
2330 North St. Beaumont, TX 77701 Beaumont, TX 77708
Beaumont, TX 77701 838-4431 892-2548
835-0153
8 Magnolia Baptist Church 16 Fletcher Elementary 24 First Baptist
2830 Pine Street 1050 Ave F Church-Nome
Beaumont, TX 77703 Beaumont, TX 77701 1985 Louisiana
832-2258 833-3831 Nome, TX 77629
253-2391
25 Pct 1 Service Center 33 Stephen F.Austin 41 Huntsman Corp C-4 Plant
1201 W. Hwy 90 High School 2701 Spur 136
China, TX 77613 2441 -61st Street Port Neches, TX 77651
752-2891 Port Arthur, TX 722-8381
77640
736-1521
26/17 Municipal Airport 34 Wheatley School 42 Van Buren Elementary
/90 455 Keith Rd., Hwy. 90 800 W. 53rd St. 6400 Van Buren
Beaumont, TX 77707 Port Arthur, TX Groves, TX 77651
866-2700 77640 962-6511
985-9101
27/78 Vincent Middle School 35/98/1 Full Gospel Christian 43/61 Pt. Neches ISD
/86 350 Eldridge 06 Center Curriculum Ctr.
Beaumont, TX 77707 9401 Hwy. 69 5840 W. Jefferson Blvd.
866-1491 Port Arthur, TX Groves, TX 77651
77640 962-8446
724-1271
28 Pct 4 Service Center 36 Langham Elementary 44 Tyrrell Elementary School
7780 Boyt Rd 800-12th St. 4401 Ferndale
Beaumont, TX 77713 Nederland, TX 77627 Port Arthur, TX 77642
794-2444 722-4324 962-7373
29 Harnshire Community Building 37 Highland Park 45/70/9 Stilwell Technical Center
12318 2nd St. Elementary 5/109 4801 9th Avenue
Harnshire, TX 77622 200 S. 6th St. Port Arthur, TX 77642
243-2411 Nederland, TX 77627 983-3286
722-0236
30/91 Farinett Elementary 38 Neches Federal 46/96 United Pentecostal
23395 Burrell Wingate Credit Union Church
Beaumont, TX 77705 2339 Nall St. 2700 25th Street
794-1412 Port Neches, TX Port Arthur, TX 77642
77651 985-9345
727-1639
31/10 Labelle-Fannett VFD 39 Blanchette 47/93/1 O.W. Collins Retirement
1/108 3473 Pine Tree Rd. Elementary 02 Center
Beaumont, TX 77705 2400 Lela 4440 Gulfway
796-1529 Beaumont, TX 77705 Port Arthur, TX 77642
842-1230 982-6441
32 Sabine Pass Fire Station #4 40 Hebert Library 48/49 Lee Elementary
5030 S. Gulfway Drive 2025 Merriman 3939 Delaware
Port Arthur, TX Port Neches, TX Port Arthur, TX 77642
971-2421 77651 983-3259
722-4554
49/48 Lee Elementary 58/57/9 Jefferson County 67 South Park Middle School
393.9 Delaware 4 Sub-Courthouse 4500 Highland
Port Arthur, TX 77642 525 Lakeshore Drive Beaumont, TX 77705
983-3259 Port Arthur,TX 838-3941
77640
983-8300
50/51 Edison Jr. High School West 59 Port Arthur Fire 68 Austin Jr. High School
Gym Station#2 3410 Austin
3501 - 12th St. 1201 Granis Beaumont, TX 77706
Port Arthur, TX 77642 Port Arthur, TX 892-0193
985-4311 77640
983-3676
51/50 Edison Jr. High School West 60 Groves Elementary 69 Nederland Recreation
Gym 3901 Cleveland Center
3501 - 12th St. Groves, TX 77619 2300 Ave. H
Port Arthur, TX 77642 962-1531 Nederland, TX 77627
985-4311 724-0773
52/53 DeQueen Elementary 61/43 Pt. Neches ISD 70/45/9 Stilwell Technical Center
/81 740 DeQueen Blvd, 7th St. Curriculum Ctr. 5/109 4801 9th Avenue
Entrance 5840 W. Jefferson Port Arthur, TX 77642
Port Arthur, TX 77640 Blvd. 983-3286
982-4336 Groves, TX 77651
962-8446
53/52 DeQueen Elementary 62 Sallie Curtis 71 Taft Elementary
/81 740 DeQueen Blvd, 7th St. Elementary 2500 Taft
Entrance 6225 N. Circuit Dr. Port Arthur, TX 77640
Port Arthur, TX 77640 Beaumont, TX 77706 962-2262
9821-4336 866-4134
54/55 Franklin Elementary 63 Lucas Elementary 72 Wesley United Methodist
1001-10th St. 1750 E. Lucas Church
Port Arthur, TX 77640 Beaumont, TX 77703 3810 N. Major Drive
985-2573 892-9683 Beaumont, TX 77713
892-7012
55/54 Franklin Elementary 64 Beaumont 73 George Marshall Jr. High
1001-10th St. Community Players School
Port Arthur, TX 77640 5515 Phelps Rd. 6455 Gladys
985-2573 Beaumont, TX 77705 Beaumont, TX 77706
842-4664 866-4174
56/80 C.O. Wilson Jr. High School 65 Regina Howell 74 Fire Station Meeting
262:0 Helena Ave. Elementary Room
Nederland, TX 77627 5850 Regina Lane 3707 Central Blvd
727-6224 Beaumont, TX 77706 Nederland, TX 77627
892-5045 722-6922
57/58 Jefferson County 66 Bevil Oaks Civic 75 Lamar- Health & Human
/94 Sub-Courthouse Center Performance Complex A
525, Lakeshore Drive 7390 Sweetgum East Lavacca at
Port Arthur, TX 77640 Bevil Oaks, TX 77713 University Drive
983-8300 753-1475 Beaumont, TX 77705
880-7011
76 William B. Travis Elementary 85 PACE Union Hall 94/57/5 Jefferson County
1115 Lakeview 2490 S. 11 th St. 8 Sub-Courthouse
Port Arthur, TX 77642 Beaumont, TX 77701 525 Lakeshore Drive
982-2891 842-3952 Port Arthur, TX 77640
983-8300
77 St. Pius X School 86/27/7 Vincent Middle 95/45/7 Stilwell Technical Center
3355 McHale 8 School 0/109 4801 9th Avenue
Beaumont, TX 77708 350 Eldridge Port Arthur, TX 77642
892-3316 Beaumont, TX 77707 983-3286
866-1491
78/27 Vincent Middle School 87/88/9 Pine Burr Baptist 96/46 Park Place Fire Station
/86 350 Eldridge 9 Church 3300 Memorial Blvd.
Beaumont, TX 77707 5095 Pine Burr Blvd. Port Arthur,TX 77642
866-1491 Beaumont, TX 77708 985-8920
892-4974
79/10 Tennis Center 88/87/9 Pine Burr Baptist 97 NO RESIDENTS
0 6455 College 9 Church
Beaumont, TX 77707 5095 Pine Burr Blvd.
866-2833 Beaumont, TX 77708
892-4974
80/56 C.O. Wilson Jr. High School 89 Ridgewood 98/35/1 Full Gospel Christian
2620 Helena Ave. Retirement Center 06 Center
Nederland, TX 77627 2520 IH 10 East 9401 Hwy. 69
727-6224 Beaumont, TX 77705 Port Arthur, TX 77640
899-2531 724-1271
81/52 DeQueen Elementary 90/17/2 Municipal Airport 99/87/8 Pine Burr Baptist Church
/53 740 DeQueen Blvd, 7th St. 6 455 Keith Rd., Hwy. 8 5095 Pine Burr Blvd.
Entrance 90 Beaumont, TX 77708
Port Arthur, TX 77640 Beaumont, TX 77707 892-4974
9824336 866-2700
82 Cedar Park Community Room 91/30 Fannett Elementary 100/79 Tennis Center
7601 -9th Avenue 23395 Burrell 6455 College
Port Arthur, TX 77642 Wingate Beaumont, TX 77707
722-0459 Beaumont, TX 77705 866-2833
794-1412
83 Central Jr. High School 92 First Baptist Church 101/31/ Labelle-Fannett VFD
200- 17th St. Blewett Road 108 3473 Pine Tree Rd.
Nederland, TX 77627 Cheek, TX 77705 Beaumont, TX 77705
727-5765 842-1237 796-1529
84 Fehl Elementary 93/47/1 O.W. Collins 102/47/ O.W. Collins Retirement
3350 Blanchette 02 Retirement Center 93 Center
Beaumont, TX 77701 4440 Gulfway 4440 Gulfway
835-3871 Port Arthur, TX Port Arthur, TX 77642
77642 982-6441
982-6441
103 NO RESIDENTS 107 NO RESIDENTS 112 NO RESIDENTS
104/1 Calvary Baptist Church 108131/ Labelle-Fannett VFD 113 NO RESIDENTS
16 3650 Dowlen Rd. 101 3473 Pine Tree Rd.
Beaumont, TX 77706 Beaumont, TX 77705
898-7074 796-1529
105 NO RESIDENTS 109/45/ Stilwell Technical 114 NO RESIDENTS
70/95 Center
4801 9th Avenue
Port Arthur, TX
77642
983-3286
106/3 Full Gospel Christian Center 110 NO RESIDENTS 115 NO RESIDENTS
5/98 9401 Hwy. 69
Port Arthur, TX 77640
724-1271
116/10 Calvary Baptist Church
4 3650 Dowlen Rd.
Beaumont, TX 77706
898-7074
EXHIBIT " B "
PRECINCT LOCATIONS AND JUDGES FOR 2007
PCT LOCATION JUDGE ALTERNATE JUDGE #OF
CLERKS
1 French Elementary (Dem) (Rep) 4
3525 Cleveland Ave. Brenda Greene Richard A. Hooks
Beaumont, TX 77703 1825 Brooklyn St. 4482 Dallas St.
832-6631 Beaumont, TX 77701 Beaumont, TX 77703
835-1777 892-6966
791-8024
2 Smith Middle School (Dem) (Rep) 3
4415 Concord Jerrie Mathis Jim Doane
Beaumont, TX 77703 3730 Acorn Circuit 3460 Minglewood
892-3811 Beaumont, TX 77703 Beaumont, TX 77703
892-4164 898-8196
3 Brown Alternative Center (Dem) (Rep) 4
1900 Pope Thelma Fielder Etta Harris
Beaumont, TX 77703 2975 Grand 1135 Skipwith St
785-4225 Beaumont, TX 77703 Beaumont, TX 77701
892-4164
4 BISD Administration Bldg. (Rep) (Dem) 3
3395 Harrison Dick Foulk Shirley Laday
Beaumont, TX 77702 3670 Crestwood 23750 Vincent Rd
899-9972 Beaumont, TX 77706 Winnie, TX 77665
898-0741
5 Caldwood Elementary (Rep) (Rep) 3
102 Berkshire Lane Norma Conner Louise Williams
Beaumont, TX 77707 232 W. Caldwood Dr 14 Bayou Bend PI
835-3818 Beaumont, TX 77707 Beaumont, TX 77706
866-3357 892-8951
673-1801
6 Central Sr. High School (Dem) (Rep) 3
88 Jaguar Celeste Johnson Greg Cottington
Beaumont, TX 77702 2560 Rusk St. 3775 Seminole
981-7100 Beaumont, TX 77702 Beaumont, TX 77707
833-3338 843-3458
7 O.C. "Mike"Taylor Career (Rep) (Dem) 3
Center Barbara Bradley M. Thomas Brent
2330 North St. 2165 North St 2490 Louisiana
Beaumont, TX 77701 Beaumont, TX 77701 Beaumont, TX 77702
835-0153 835-3808 832-7392
8 Magnolia Baptist Church (Dem) (Rep) 3
2830 Pine Street Katherine A. Campbell Sheila Hebert
Beaumont, TX 77703 1067 Weiss St. 2555 Gulf St.
832-2258 Beaumont, TX 77703 Beaumont, TX 77703
832-9642 838-2728
455-3451
9 Ridgewood Elementary (Rep) (Rep) 4
2820 Merriman Sherry Desmond Kim Desmond
Port Neches, TX 77651 683 Birchwood Dr 3145 Matter Horn Dr.
722-7641 Port Neches, TX 77651 Port Neches, TX 77651
722-5082 729-9464
10 Scott Olive Baptist Church (Dem) (Dem) 3
1050 Ewing Nanette Cantue Chiquitia Mitchell
Beaumont, TX 77701 1075 Long St. 1075 Long St.,
832-0687 Beaumont, TX 77701 Beaumont, TX 77701
833-0848 833-0848
11 Jefferson County Courthouse (Dem) (Rep) 1
1001 Pearl Street Rose Marie Solomon Chris McKinney
Beaumont, TX 77701 1835 Pennsylvania PO Box 1751
835-8400 Beaumont, TX 77701 Beaumont, TX 77704
838-5565 838-6412
12/13 Dunbar Elementary (Dem) (Rep) 3
825 Jackson Doris Decuir Chris Busch
Beaumont, TX 77701 4905 Wyatt,Apt 19 4610 Monticello
832-7617 Beaumont, TX 77705 Beaumont, TX 77706
899-3632
13/12 Dunbar Elementary
825 Jackson (with PCT12) (with PCT12)
Beaumont, TX 77701
832-7617
14 Ogden Elementary (Dem) (Rep) 3
2300 Victoria Kimberly Lewis Lillian Frye
Beaumont, TX 77701 2335 Roberts 1819 Roberts
833-2313 Beaumont, TX 77701 Beaumont, TX 77701
833-8104 835-0220
15 MLK Middle School (Dem) (Rep) 3
1400 Avenue A Merdle Hanes Wade Billingsley
Beaumont, TX 77701 805 Amarillo St. 2562 Westbury Rd.
838-4431 Beaumont, TX 77701 Beaumont, TX 77713
832-4143 722-5721
504-8319
16 Fletcher Elementary (Dem) (Rep) 1
1050 Ave F Gwen Johnston
Beaumont, TX 77701 2145 Bourbon
833-3831 Beaumont, TX 77705 Beaumont, TX 77706
842-4214
17/26/90 Municipal Airport (Rep) (Dem) 4
455 Keith Rd., Hwy. 90 Steven Randall Melynia Revia
Beaumont, TX 77707 1135 Sunmeadow 7279 Shady Ln.
866-2700 Beaumont, TX 77706 Beaumont, TX 77713
866-7749 866-1340
351-9362
I
18 Ozen High School (Dem) (Rep) 3
3443 Fannett Rd. David Harper Margaret Bostic
Beaumont,TX 77705 4375 Winston P.O. Box 6621
981-7500 Beaumont, TX 77705 Beaumont, TX 77725
842-6966
331-4586
19 BISD Administration Annex (Dem) (Rep) 3
1025 Woodrow Pauline Mouton Wesley Lee
Beaumont, TX 77705 4275 Cadillac Ln 7655 Park North Dr.,Apt
833-3762 Beaumont,TX 77705 711
842-2157 Beaumont,TX 77708
832-1279
20 Pietzsch Elementary (Dem) (Rep) 3
4301 Highland Grace Demary Sam Jernigan
Beaumont, TX 77705 430 E. Elgie 5910 Meadow Way
835-2505 Beaumont, TX 77705 Beaumont, TX 77707
833-2056 866-7369
673-4659
21 Precinct 4 Barn (Dem) 1
W. Port Arthur Rd., 2202 Wilmeretta Lowe (Rep)
Hebert Rd. 2015 Hilldbrandt Sonja Pickens
Guffey-Beaumont, TX 77705 Beaumont, TX 77705 830 Church St
Judges use cell phones 838-3342 Beaumont, Tx 77705
246-5213
22 Roy Guess Elementary (Rep) (Dem) 4
8055 Voth Rd. Janet Dietz J.W. Albert
Beaumont, TX 77708 7750 Homer Dr. 1915 Griffing Rd.
892-9702 Beaumont, TX 77708 Beaumont, TX 77708
892-2731 898-8861
790-2144
23 Rosedale Baptist (Dem) (Rep) 3
7110 Concord Rd. Lucille Bryan James Boykin
Beaumont, TX 77708 6910 Concord 5415 Linda Lane
892-2548 Beaumont, TX 77708 Beaumont,TX 77708
892-4395 892-8422
24 First Baptist Church-Nome (Rep) (Dem) 1
1985 Louisiana Susan Tindall Joan Yates
Nome, TX 77629 P.O. Box 105 PO Box 131
253-2391 Nome,TX 77629 Nome, TX 77629
253-2277 253-2253
782-8999
25 Pct 1 Service Center (Rep) (Dem) 3
1201 W. Hwy 90 Kathy Lewis Viola Jones
China, TX 77613 P.O. Box 404 P.O. Box 312
752-2891 China, TX 77613 China, TX 77613
752-5268 752-5372
752-5270
26/17/90 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/90) (with PCT 17/90)
Beaumont, TX 77707
866-2700
27/78/86 Vincent Middle School (Rep) (Dem) 5
350 Eldridge Jon Tritsch Wilburean Benard
Beaumont, TX 77707 1007 Park Meadow 5015 Pine St#101
866-1491 Beaumont, TX 77706 Beaumont,TX 77703
861-1761
28 Pct 4 Service Center (Dem) 2
7780 Boyt Rd Ezora Mae Bassett (Dem)
Beaumont, TX 77713 6852 Boyt Rd. Shirley Carmon
794-2444 Beaumont, TX 77713 6574 Boyt Rd
794-2281 Beaumont,Tx 77713
794-2142
29 Hamshire Community Building (Rep) (Dem) 3
12318 2nd St. Tanya Young Dolores Marcyniuk
Hamshire, TX 77622 10668 E. Hamshire P.O. Box 311
243-2411 Hamshire, TX 77622 Hamshire, TX 77622
243-2219 243-3340
30/91 Fannett Elementary (Rep) (Rep) 3
23395 Burrell Wingate Belinda Breaux Liz Wenner
Beaumont, TX 77705 20768 Hwy 365 10810 Kolemay
794-1412 Beaumont, TX 77705 Beaumont, TX 77705
794-2064 794-2530
31/101/1 Labelle-Fannett VFD (Rep) (Dem) 3
08 3473 Pine Tree Rd. J. Tom Fox Virginia Ferguson
Beaumont, TX 77705 201 Greenwood 14995 Labelle Dr.
796-1529 Beaumont, TX 77705 Beaumont, TX 77705
796-1119 796-2474
32 Sabine Pass Fire Station#4 (Dem) (Dem) 1
5030 S. Gulfway Drive Doris Eldridge Jeanette LaBove
Port Arthur, TX P.O. Box 72 7518 Backridge Rd
971-2421 Sabine Pass, TX 77655 Sabine Pass, TX 77655
971-2546
33 Stephen F.Austin High School (Dem) (Rep) 4
2441 -61 st Street Katie Jeter Edelmiro Aceveda
Port Arthur, TX 77640 2330 Shirley St. 801 Trinity Ave.
736-1521 Port Arthur, TX 77640 Port Arthur, TX 77642
736-2947 982-7260
34 Wheatley School (Dem) (Rep) 3
800 W. 53rd St. Audrey Prater Gilbert Getz
Port Arthur, TX 77640 1726 Beaumont Ave. 2214 Spurlock Rd
985-9101 Port Arthur, TX 77640 Nederland, TX 77627
985-8506 727-2102
594-4764
35/98/10 Full Gospel Christian Center (Rep) (Rep) 2
6 9401 Hwy. 69 Deborah Parker Janice Boden
Port Arthur, TX 77640 5135 Oriole Dr. 1110 Block St
724-1271 Beaumont, TX 77707 Port Neches,TX 77651
899-1231 344-1949
36 Langham Elementary (Rep) (Rep) 3
800-12th St. Blaine Hall Nola Hall
Nederland, TX 77627 2301 Rosedale 2301 Rosedale
722-4324 Port Arthur, TX 77642 Port Arthur, TX
549-2138 549-2138
37 Highland Park Elementary (Rep) (Dem) 4
200 S. 6th St. Jeff Lake Barbara Wickler
Nederland, TX 77627 6631 Verde 620 S.2nd St.
722-0236 Port Neches, TX 77651 Nederland, TX 77627
543-7270 727-0921
38 Neches Federal Credit Union (Rep) (Dem) 4
2339 Nall St. Howard Frey Joyce Philen
Port Neches, TX 77651 2321 Grand Blvd. 2130 Avenue K
727-1639 Port Neches, TX 77651 Nederland, TX 77627
722-6765 727-5683
39 Blanchette Elementary (Dem) (Rep) 4
2400 Lela MaudrPlummer
Y Preston Frank
Beaumont, TX 77705 4165 Bob St. 3615 S. 4th St.
842-1230 Beaumont, TX 77705 Beaumont, TX 77705
842-0588 842-6666
382-0507
40 Hebert Library (Rep) (Dem) 4
2025 Merriman Gary Daigle Trae Branham
Port Neches, TX 77651 1619 Dieu St. 2910 Ash St.
722-4554 Port Neches, TX 77651 Nederland, TX 77627
722-6793 727-7459
41 Huntsman Corp C-4 Plant (Dem) (Dem) 1
2701 Spur 136 Jimmy King Ophelia King
Port Neches, TX 77651 P O Box 276 P O Box 276
722-8381 Port Neches, TX 77651 Port Neches, TX 77651
722-3023 722-3023
42 Van Buren Elementary (Rep) (Dem) 4
6400 Van Buren Audrey Cupit Pam LaFleur
Groves, TX 77651 6373 Jefferson 4941 Garfield
!962-6511 Groves, TX 77619 Groves, TX 77619
962-4740 962-4393
639-6698
43/61 Pt. Neches ISD Curriculum Ctr. (Dem) (Dem) 4
5840 W. Jefferson Blvd. Melba Ledoux Laura Seelan
Groves, TX 77651 3124 High Ave 3640 Bryan Ave
962-8446 Groves, TX 77619 Groves, TX 77619
962-2560 962-7224
44 Tyrrell Elementary School (Rep) (Dem) 2
4401 Ferndale Robert Sharpless Earl Marsh, Jr.
Port Arthur, TX 77642 4545 Alamosa 4433 Alamosa
962-7373 Port Arthur, Tx 77642 Port Arthur, TX 77642
982-6301 982-6130
720-9329
45/70/95/ Stilwell Technical Center (Dem) (Rep) 3
109 4801 9th Avenue Vera Wilkerson Janice Morse
Port Arthur,TX 77642 3401 Roanoke Avenue 3901 8th Avenue
983-3286 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4772 982-3986
46/96 United Pentecostal Church (Dem) (Rep) 4
2700 25th Street Madeline Brown Linda Bonton
Port Arthur,TX 77642 3727 Platt Ave 3128 Ozark Ave.
985-9345 Port Arthur, Tx 77642 Port Arthur, TX 77640
982-5515 985-2229
47/93/10 O.W. Collins Retirement Center (Dem) (Rep) 4
2 4440 Gulfway Debra Beevers Blaine Hall
Port Arthur, TX 77642 2530 Date St. 2301 Canal Ave.
982-6441 Port Arthur, TX 77642 Nederland, TX 77627
985-2055 767-9896
48/49 Lee Elementary (Dem) (Rep) 4
3939 Delaware Doris Rogers Walter R. Gregory
Port Arthur, TX 77642 515 Sabine 510 Melissa
983-3259 Port Arthur, TX 77642 Pt. Neches,TX 77651
985-9766 727-8492
49/48 Lee Elementary
3939 Delaware (with PCT 49) (with PCT 49)
Port Arthur, TX 77642
983-3259
50/51 Edison Jr. High School West (Dem) (Rep) 5
Gym Mary(Liza)Cunningham Claud Block
3501 - 12th St. 4231 Lakeshore Dr 1610 Johnson Ave
Port Arthur, TX 77642 Port Arthur, TX 77642 Port Neches, TX 77651
985-4311 365-9003
51/50 Edison Jr. High School West
Gym (with PCT 50) (with PCT 50)
3501 - 12th St.
Port Arthur, TX 77642
985-4311
52/53/81 DeQueen Elementary (Dem) (Rep) 5
740 DeQueen Blvd, 7th St. Mary Mottley
Entrance 2000 E. 9th St.
Port Arthur, TX 77640 Port Arthur, TX 77640
982-4336 982-0206
53/52/81 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/81) (with PCT 52/81)
Entrance
Port Arthur, TX 77640
982-4336
54/55 Franklin Elementary (Dem) (Rep) 4
1001-10th St. Melvia F. Cyprien Alfred Marshall
Port Arthur, TX 77640 1027 Thomas Blvd. 1310 E. 10th St.
985-2573 Port Arthur, TX 7760 Port Arthur, TX 77640
985-7175 982-8905
55/54 Franklin Elementary
1001-10th St. (with PCT 54) (with PCT 54)
Port Arthur, TX 77640
985-2573
56/80 C.O. Wilson Jr. High School (Rep) (Rep) 4
2620 Helena Ave. Gloria Dockens Kelley Gossett
Nederland, TX 77627 3011 Graves Ave 1221 Lillie St.
727-6224 Groves, TX 77619 Port Neches,TX 77651
960-6783 722-0007
57/58/94 Jefferson County (Dem) (Rep) 4
Sub-Courthouse Vernice Moore Stuart Salter
525 Lakeshore Drive 1219 East 9th 3770 MLK
Port Arthur, TX 77640 Port Arthur, TX 77640 Port Arthur, TX 77640
983-8300 985-5852 985-5678
350-0685
58/57/94 Jefferson County
Sub-Courthouse (with PCT 57/94) (with PCT 57/94)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
59 Port Arthur Fire Station #2 (Dem) (Dem) 4
1201 Granis Lillian M. LeBlanc Mildred Taville
Port Arthur, TX 77640 649 W. Thomas Blvd. 1041 W 14th St
983-3676 Port Arthur, TX 77640 Port Arthur Tx 77640
985-8033 982-5278
60 Groves Elementary (Dem) (Dem) 4
3901 Cleveland Rauline Judice Janice Guilbeaux
Groves, TX 77619 6948 Willow 6275 Garner
962-1531 Groves, TX 77619 Groves, TX 77619
962-0802 962-0608
61/43 Pt. Neches ISD Curriculum Ctr.
5840 W. Jefferson Blvd. (with PCT 43) (with PCT 43)
Groves, TX 77651
962-8446
62 Sallie Curtis Elementary (Rep) (Dem) 4
6225 N. Circuit Dr. Temple Looney Georgine Guillory
Beaumont, TX 77706 590 Goodhue 3670 South 11 th St.
866-4134 Beaumont, TX 77706 Beaumont, TX 77705
866-2910 842-1577
658-8390
63 Lucas Elementary (Dem) (Rep) 4
1750 E. Lucas Thelma Nobles Karen Arrington
Beaumont, TX 77703 2105 Fillmore 1904 Moore Rd.
892-9683 Beaumont, TX 77703 Beaumont, TX 77713
833-9672 866-3885
553-2924
64 Beaumont Community Players (Dem) (Rep) 2
5515 Phelps Rd. Mary B. Francis Joe Byerly
Beaumont, TX 77705 5990 Tyrrell Park 5745 Erie
842-4664 Beaumont, TX 77705 Beaumont, TX 77705
842-0507 842-4275
65 Regina Howell Elementary (Rep) (Dem) 4
5850 Regina Lane Mary Stimek Doris A. Campbell
Beaumont, TX 77706 6255 West Bend 4420 Beale St.
892-5045 Beaumont, TX 77706 Beaumont, TX 77705
860-5765 842-2334
504-8190
66 Bevil Oaks Civic Center (Rep) (Dem) 3
7390 Sweetgum Deborah Olson Juinez Jones
Bevil Oaks, TX 77713 13355 Davida Dr. 13560 Wayside
753-1475 Beaumont, TX 77713 Beaumont, TX 77713
753-3116 753-2241
67 South Park Middle School (Dem) (Rep) 4
4500 Highland Garcia Middleton Kevin Larousee
Beaumont, TX 77705 1585 Auburn Dr. 4090 Wyatt St.
838-3941 Beaumont, TX 77705 Beaumont, TX 77705
842-4450 838-4232
68 Austin Jr. High School (Rep) (Dem) 4
3410 Austin Robert Thompson Margaret Carter
Beaumont, TX 77706 4855 Dellwood Lane 1220 Rikisha
892-0193 Beaumont, TX 77706 Beaumont, TX 77706
892-5104 782-2341
69 Nederland Recreation Center (Rep) (Dem) 5
2300 Ave. H Wanda Lilley Ruby Casto
Nederland, TX 77627 3001 8th St#47 1603 Ave C
724-0773 Port Neches Tx 77651 Nederland, TX 77627
722-0004 722-1616
70/45/95/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/95/109) (with PCT 45/95/109)
Port Arthur, TX 77642
983-3286
71 Taft Elementary (Rep) (Dem) 1
2500 Taft Alice Windle Phyllis Jean Lee
Port Arthur, TX 77640 6927 Olympic Dr. 1529 Joe Louis Ave.
962-2262 Port Arthur, TX 77642 Port Arthur, TX 77640
982-3138 985-7451
72 Wesley United Methodist (Rep) (Dem) 3
Church Elizabeth Gibbs Barbara Loden
3810 N. Major Drive 830 Stacewood 7730 Spurlock Rd
Beaumont, TX 77713 Beaumont, TX 77706 Beaumont, TX 77713
892-7012 673-1234 899-1069
73 George Marshall Jr. High (Rep) (Dem) 4
School Jennifer Pate Herman Granger
6455 Gladys 6645 Windwood Ln. 3760 Robinson
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont,TX 77708
866-4174 866-3592 892-0186
74 Fire Station Meeting Room (Rep) (Dem) 4
3707 Central Blvd Sandra Plock Helen Benoit
Nederland, TX 77627 1315 Travis St. 1412 Houston Ave.
722-6922 Nederland, TX 77627 Nederland, TX 77627
729-3911 722-7656
344-1708
75 Lamar- Health & Human (Dem) (Rep) 2
Performance Complex A Diane Dennis Leni Carothers
East Lavacca at University 4975 Tupelo 3189 Williamsburg Ln
Drive Beaumont, TX 77708 Pt. Neches,TX 77651
Beaumont, TX 77705 924-8498 729-8105
880-7011 338-5339
76 William B. Travis Elementary (Dem) (Rep) 4
1115 Lakeview Rodney Tizeno Gunther Brunow
Port Arthur, TX 77642 3610- 12th St. 1724 Duff Dr.
982-2891 Port Arthur, TX 77642 Port Arthur, TX 77642
982-8534 983-3656
77 St. Pius X School (Dem) (Rep) 3
3355 McHale Julia Roberts
Beaumont, TX 77708 890 Prairie St.
892-3316 Beaumont, TX 77701
835-4842
78/27/86 Vincent Middle School
350 Eldridge (with PCT 27/86) (with PCT 27/86)
Beaumont, TX 77707
866-1491
79/100 Tennis Center (Rep) (Dem) 3
6455 College John Mistrot Edwin Bearb
Beaumont, TX 77707 367 Georgetown 7455 Prestwick Cir.
866-2833 Beaumont, TX 77707 Beaumont, TX 77707
866-4378 842-6789
893-7870
80/56 C.O. Wilson Jr. High School
2620 Helena Ave. (with PCT 56) (with PCT 56)
Nederland, TX 77627
727-6224
81/52/53 DeQueen Elementary
740 DeQueen Blvd, 7th St. (with PCT 52/53) (with PCT 52/53)
Entrance
Port Arthur, TX 77640
982-4336
82 Cedar Park Community Room (Rep) (Rep) 4
7601 -9th Avenue Lola Snyder Rita Brehmer
Port Arthur, TX 77642 2038 Williams 2335 Oaklawn
722-0459 Port Arthur, TX 77642 Port Arthur, TX 77642
962-4785 985-9560
748-0885 ce;;
83 Central Jr. High School (Rep) (Dem) 3
200- 17th St. James Porter Reid Pletcher
Nederland, TX 77627 2103 Canal St. 116-3rd St.
727-5765 Nederland, TX 77627 Nederland, TX 77627
722-5470 721-5810
84 Fehl Elementary (Dem) (Rep) 3
3350 Blanchette Clara Bell Oliver Connie Teuscher
Beaumont, TX 77701 1180 Skipwith 825 Thomas Rd.
835-3871 Beaumont, TX 77701 Beaumont, TX 77706
832-3028 899-4001
85 PACE Union Hall (Dem) (Rep) 3
2490 S. 11th St. Alice M. Dyes Mary Randall
Beaumont, TX 77701 4665 Corley 4255 Corley
842-3952 Beaumont, TX 77707 Beaumont, TX 77707
842-0953 842-8204
86/27/78 Vincent Middle School
350 Eldridge (with PCT 27/78) (with PCT 27/78)
Beaumont, TX 77707
866-1491
87/88/99 Pine Burr Baptist Church (Dem) (Rep) 3
5095 Pine Burr Blvd. Jackie Duriso Wallce Domingue
Beaumont, TX 77708 5550 Folsum#166 5620 Concord Rd.
892-4974 Beaumont, TX 77706 Beaumont,TX 77708
767-5107 898-0976
656-0803
88/87/99 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/99) (with PCT 87/99)
Beaumont, TX 77708
892-4974
89 Ridgewood Retirement Center (Dem) (Rep) 2
2520 IH 10 East Darlyne Dorsey Debra Holmes
Beaumont, TX 77705 1250 Condon 128 Fir Ln
899-2531 Beaumont, TX 77701 Beaumont,Tx 77713
835-9908 753-3365
90/17/26 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/26) (with PCT 17/26)
Beaumont, TX 77707
866-2700
91/30 Fannett Elementary
23395 Burrell Wingate (with PCT 30) (with PCT 30)
Beaumont, TX 77705
794-1412
92 First Baptist Church (Rep) (Dem) 3
Blewett Road Harold Jones Annie Devault
Cheek, TX 77705 PO Box 2018 4265 Corley
842-1237 Winnie, TX 77665 Beaumont, Tx 77707
243-2614 842-1400
656-6577
93/47/10 O.W. Collins Retirement Center
2 4440 Gulfway (with PCT 47/102) (with PCT 47/102)
Port Arthur, TX 77642
982-6441
94/57/58 Jefferson County
Sub-Courthouse (with PCT 57/58) (with PCT 57/58)
525 Lakeshore Drive
Port Arthur, TX 77640
983-8300
95/45/70/ Stilwell Technical Center
109 4801 9th Avenue (with PCT 45/70/109) (with PCT 45/70/109)
Port Arthur, TX 77642
983-3286
96/46 Park Place Fire Station
3300 Memorial Blvd. (with PCT 46) (with PCT 46)
Port Arthur, TX 77642
985-8920
97 NO RESIDENTS
98/35/10 Full Gospel Christian Center
6 9401 Hwy. 69 (with PCT 35/106) (with PCT 35/106)
Port Arthur, TX 77640
724-1271
99/87/88 Pine Burr Baptist Church
5095 Pine Burr Blvd. (with PCT 87/88) (with PCT 87/88)
Beaumont, TX 77708
892-4974
100/79 Tennis Center
6455 College (with PCT 79) (with PCT 79)
Beaumont, TX 77707
866-2833
101/31/1 Labelle-Fannett VFD
08 3473 Pine Tree Rd. (with PCT 31/108) (with PCT 31/108)
Beaumont, TX 77705
796-1529 .
102/47/9 O.W. Collins Retirement Center
3 4440 Gulfway (with PCT 47/93) (with PCT 47/93)
Port Arthur, TX 77642
982-6441
103 NO RESIDENTS
104/116 Calvary Baptist Church (Rep) (Dem) 5
3650 Dowlen Rd. Frank Thomas Helen Stone
Beaumont, TX 77706 3599 Briar Creek Dr. 2260 21 st St
898-7074 Beaumont, TX 77706 Beaumont, TX 77706
347-1623 898-4633
105 NO RESIDENTS
106/35/9 f=ull Gospel Christian Center
8 9401 Hwy. 69 (with PCT 35/98) (with PCT 35/98)
Port Arthur, TX 77640
724-1271
107 NO RESIDENTS
108/31/1 Labelle-Fannett VFD
01 3473 Pine Tree Rd. (with PCT 31/101) (with PCT 31/101)
Beaumont, TX 77705
796-1529
109/45/7 Stilwell Technical Center
0/95 4801 9th Avenue (with PCT 45170/95) (with PCT 45/70/95)
Port Arthur, TX 77642
983-3286
110 NO RESIDENTS
111 NO RESIDENTS
112 NO RESIDENTS
113 NO RESIDENTS
114 NO RESIDENTS
115 NO RESIDENTS
116/104 Calvary Baptist Church
3650 Dowlen Rd. (with PCT 104) (with PCT 104)
Beaumont, TX 77706
898-7074
EXHIBIT " C "
Carolyn L. Guidry
COUNTY CLERK
Theresa Goodness JEFFERSON COUNTY
Chief Deputy P. O.Box 1151
Beaumont,Texas 77704
409-835-8475 Phone Email Address:
409-839-2394 FAX coLm clerk6n)co.jefferson.tx.us
EARLY VOTING LOCATIONS AND HOURS FOR
MAY 12,2007 JOINT ELECTION
CONSTITUTIONAL AMENDMENT ELECTION
AND POLITICAL SUBDIVISION ELECTIONS
COURTHOUSE EARLY VOTING LOCATIONS AND HOURS:
Beaumont Courthouse 1001 Pearl St., Beaumont, Texas
Port Arthur Sub-Courthouse 525 Lakeshore Dr., Port Arthur, Texas
April 30—May 4 Monday-Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
BP:ANCH EARLY VOTING LOCATIONS:
Sterling Pruitt Activity Center 2930 Gulf Street, Beaumont, Texas
Roger's Park Community Center 1455 Dowlen Rd., Beaumont, Texas
Theodore Johns Library 4255 Fannett Rd., Beaumont, Texas
Precinct One Service Center 1201 W. Hwy. 90, China, Texas
Nederland City Hall 1400 Boston Avenue, Nederland, Texas
Groves City Hall 3947 Lincoln Avenue, Groves, Texas
Port Arthur Public Library 4615 Ninth Ave, Port Arthur, Texas
Effie & Wilton Hebert Library 2025 Merriman, Port Neches, Texas
EARLY VOTING HOURS FOR THESE BRANCH LOCATIONS:
April 30—May 4 Monday- Friday 8:00 a.m. - 5:00 p.m.
May 5 Saturday 7:00 a.m. - 7:00 p.m.
May 6 Sunday 12:00 p.m. - 5:00 p.m.
May 7—May 8 Monday- Tuesday 7:00 a.m. - 7:00 p.m.
EXHIBIT " D "
Mr. Joe B. Wilson Dr. Bruce Drury Ms. Mary Motley
1855 Euclid 3555 Long 200 E. 9th Street
Beaumont, Texas Beaumont, Texas Port Arthur, Texas
77705 77706 77640
Mr. Nelson Mouton Mr. Rudolph Antoine Mr. Richard Foulk
4276 Cadillac 4640 St. Louis 3670 Crestwood
Beaumont, Texas Beaumont, Texas 77705 Beaumont, Texas 77706
77705
Dr. Charles Walker Mr. Randall Rosenberry Mr. Walter Lombard Jr.
5770 Fleetwood Ln. 7815 Sheila Ln. 5215 Gail Dr.
Beaumont, Texas Beaumont, Texas 77713 Beaumont, Texas 77708
77706
Ms. Gail Peterson
1078 W. Lucas Dr.
Beaumont, Texas
77706
Early Voting Ballot Board
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Joint Election
Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
4
March 20, 2007
Consider approving an ordinance allowing for an additional six(6)months for the parking, use
and occupancy of recreational vehicles and travel trailers on residential property as temporary
living quarters by property owners while the damage to these properties caused by Hurricane Rita
is being repaired
I
City o f Beaumont
cl Council Agenda Item
�IN c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 5, 2007
REQUESTED ACTION: Council consider passage of an ordinance allowing for an additional
six (6) months for the parking, use and occupancy of recreational
vehicles and travel trailers on residential property as temporary living
quarters by property owners while the damage to these properties
caused by Hurricane Rita is being repaired.
RECOMMENDATION
The Administration recommends approval of an ordinance allowing for an additional six(6)months
for the parking,use and occupancy of recreational vehicles and travel trailers on residential property
as temporary living quarters by property owners while the damage to these properties caused by
Hurricane Rita is being repaired.
BACKGROUND
Due to extensive property damage caused by Hurricane Rita, on October 11, 2005, City Council
approved Ord.No.05-078 which allows residents to park,use and occupy recreational vehicles and
travel trailers on their properties while repairs to their homes are being made. This ordinance
specified a time frame of six (6) months. On April 4, 2006 and September 26, 2006, the City
Council approved Ord. No. 06-021 and Ord. No. 06-064, granting a six (6) month extensions.
However, due to many unresolved issues, there are still a large number of individual property
owners who are unable to get back in their homes. Allowing the continued use of recreational
vehicles and travel trailers as living quarters for an additional six (6) months would benefit those
whose homes are still under construction. It would be in the best interest of these residents to allow
them to remain close to their properties during this time of repair. It not only allows them to protect
their property by being there, but also allows them to renjain in the City of Beaumont while their
properties are being repaired.
At a Public Hearing held on October 11,2005,the City Council approved Ord.No.05-078 allowing
for a period of six (6) months the parking, use and occupancy of recreational vehicles and travel
trailers on residential property as temporary living quarters by property owners while the damage to
these properties caused by Hurricane Rita is being repaired. By approving Ord.No.06-021 on April
4,2006 and Ord.No.06-068 on September 29,2006,the City Council,each time,extended the time
period for six months.
Recommended by City Manager, City Attorney,Public Works Director
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE EXTENDING FOR A PERIOD
OF SIX (6) MONTHS THE PARKING, USE AND
OCCUPANCY OF RECREATIONAL VEHICLES OR TRAVEL
TRAILERS AS TEMPORARY LIVING QUARTERS ON
RESIDENTIAL PROPERTY DURING THE PERIOD OF
REPAIR OR RECONSTRUCTION OF DAMAGE TO
PROPERTY CAUSED BY HURRICANE RITA; PROVIDING
FOR SEVERABILITY; AND PROVIDING A PENALTY.
WHEREAS, on October 11, 2005, City Council approved Ordinance No. 05-078
allowing for a period of six (6) months the parking, use and occupancy of recreational
vehicles or travel trailers as temporary housing during the period of repair or reconstruction
of hurricane-damaged properties; and,
WHEREAS, on April 4, 2006, and September 26, 2006, City Council approved
Ordinance Nos. 06-021 and 06-064, each granting a six (6) month extension; and,
WHEREAS, a large number of individual property owners still are presently unable
to occupy their residences; and,
WHEREAS, the City Council has determined that it is in the best interest of the City
of Beaumont to extend the privilege for an additional six (6) month period to allow
recreational vehicles or travel trailers to be occupied on residential property as temporary
housing during the period of repair or reconstruction of hurricane-damaged properties
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT it is hereby permitted for an additional period of six (6) months from the
effective date of this ordinance the parking, use, and occupancy of recreational vehicles
or travel trailers on residential property as temporary living quarters by property owners
while the damage to these properties caused by Hurricane Rita is being repaired.
Section 2.
It shall be unlawful for any person to park any such recreational vehicle or travel
trailer used for purposes of occupancy as temporary living quarters on any street, highway,
alley, sidewalk, or other public place in the City of Beaumont.
Section 3.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end, the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
5
March 20, 2007
Consider approving a contact for litter removal services for City rights-of-way
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a contract for litter removal
services for City rights-of way.
RECOMMENDATION
Administration recommends the award of an annual contract to Beaumont Products and Services,
Inc. for furnishing litter removal services on arterial street rights-of-way and other specific areas at
a rate of$12.64 per person,per hour worked. The contract will be effective April 1,2007.
BACKGROUND
Beaumont Products and Services, Inc. (BPS) is defined as a private not-for-profit State certified
workshop. State certified workshops encourage and assist disabled persons to achieve maximum
personal independence by engaging in useful and productive activities.Job programs are designed
for disabled individuals and marketed throughout the community. The State exempts political
subdivisions from competitive bidding requirements when contracting with a certified workshop.
BPS has been furnishing bi-weekly litter removal services on specific arterial streets since 1987. In
1996,the contract was changed to provide litter removal services on a pay per hour worked basis.
This method allows staff to select the area in which litter removal services are of greatest need and
assign the contractor to that area.
BPS provides a crew of four(4)collection personnel and one(1)supervisor/driver,five(5)days per
week, excluding City holidays. BPS will be paid $12.64 per hour, per person worked. This cost
includes all labor, transportation, equipment, insurance, and litter disposal fees. The hourly rate
provides the City with the option of using the crews only when and where needed.
The hourly price of$12.64 reflects a 2.5%increase above the previous hourly rate of$12.33 which
Contract for Litter Removal
March 12,2007
Page 2
was effective since April 2006. BPS requested the increase to cover rising insurance costs. During
the past twelve months, BPS has worked approximately 9,525 labor hours,removing about 1,570
cubic yards of litter, at an estimated cost of$117,443.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an annual contract with
Beaumont Products and Services, Inc. for furnishing litter removal services on arterial
street rights-of-way and other specific areas at a rate of$12.64 per person per hour worked
effective April 1, 2007.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
6
March 20,2007
Consider approving a contract for mowing privately owned developed and vacant properties in
I of weed ordinances
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing privately
owned developed and vacant properties in violation of weed
ordinances.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing privately owned developed and vacant properties for the unit prices stated in the attached
tabulation resulting in the estimated annual cost of$81,400.
BACKGROUND
Privately owned properties are in violation of the City's weed ordinance when uncultivated growth
exceeds twelve(12)inches. Property owners are notified of the violation and given a specified time
to bring the property into compliance. If property owners fail to comply with the ordinance, the
City's contractor mows the property and the property owner is fined.
Bids were solicited for an annual contract to provide this mowing service for the Public Health
Department, Code Enforcement Division. Specifications requested a minimum price for cutting
properties 6,500 square feet or less in size,a second price per square foot for properties greater than
6,500 square feet but less than an acre,and a third price per acre for properties greater than one(1)
acre.The majority of the properties are standard size lots between 6,500 and 8,500 square feet.Bids
received are detailed on the attached tabulation.The apparent low bid was withdrawn by the vendor.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each day.All properties must be mowed within five(5)days after notification.
Inspection of the properties will be made by the representatives in the Code Enforcement Division
prior to payment to ensure compliance with the specifications.
Mowing Contract-Privately Owned Properties
March 12,2007
Page 2
BUDGETARYIMPACT
Fiends are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$81,400.
e �'
11 11 11�= a. ail II
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT PROPERTY
BID OPENING DATE: THURSDAY,MARCH 1,2007 @ 2:00 PM
BID NUMBER: TF0207-33
City Beaumont,TX J, _ Beaumont,TX _ il_ Beaumont,TX i! North Star Unlimited
[Vendor The Garden of Gethsemane Perfect Cut Lawn Care Yardbo Lawncare
_ Beaumont,TX
-- ------
� it Est.Annual Qty. � Unit Pnce Ext. Price i' Unit Prim][-Ext. Pri �� -'r Unit Price ii ExtExt P irceirce
—Price �� Unit Price �xt. Price ��.
6,500 sq.ft.or less minimum bid 600 cuttings $63.00 $37,800.00 $15.00 $9,000.00 j 23 00 $19,200.00 !; $23.50 $14,100.00
6,500 sq.ft.up to one acre 24,000,000 sq.ft. $0.0015 $36,000.0011 $0.0030 $72,000.0011 $0.0031 $74,400.00 $0.004351 $104,400.00ii
One acre or greater J 1O parcel> 1_acre _ $180.00 $1,800.00;`____$40.00 _--_ $400.00 1 _______$80.001 $800.00 : _ $130.00 j $1,300.00
--
TOTAL �� ***$75,600.OQ $81,400.00!1 $94,400.00;!_ 0�
-- - ---- ***BID WITHDRAWN ----- ---- — -- ----
$119,800.00
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for mowing privately-owned
developed and vacant properties in violation of weed ordinances; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid for the unit
prices stated in the tabulation below, resulting in an estimated annual cost of $81,400:
Est. Annual Qty. Unit Price Ext. Price
6,500 s .ft. or less minimum bid 600 cuttings $15.00 $9 000.00
6,500 s .ft. up to one acre 24,000,000 s .ft. $0.0030 $72,000.00
One acre or greater 10 parcel > 1 acre $40.00 $400.00
TOTAL $81,400.00
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut
Lawn Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing privately-owned developed and vacant properties for the unit prices
stated above for an estimated annual cost of $81,400 be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
7
March 20,2007
Consider approving a contract for mowing City-owned and abandoned developed and vacant
properties
City Council Agenda Item
NNE
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12,2007
REQUESTED ACTION: Council consider the award of a contract for mowing City-
owned and abandoned developed and vacant properties.
RECOMMENDATION
Administration recommends the award of an annual contract to Perfect Cut Lawn Care of Beaumont
for mowing City-owned and abandoned developed and vacant properties for the unit prices stated
in the attached tabulation resulting in the estimated annual cost of$45,420.
BACKGROUND
City-owned properties consist of donated property and lots purchased for neighborhood revitalization
or street rights-of-way. Abandoned property is privately owned but the owners cannot be located.
Currently,there are approximately 270 parcels of City-owned property ranging from 625 square feet
to approximately 3.3 acres and 95 parcels of abandoned property ranging in size from 1,625 square
feet to 28,675 square feet or approximately .7 of an acre. The Public Health Department, Code
Enforcement Division staffmaintains a list of these properties and requires a contractor to mow them
every six (6)weeks during the growing season.
Bids were solicited for an annual contract to provide this mowing service. Contract specifications
requested a minimum price for cutting properties 6,500 square feet or less in size,a second price per
square foot for properties greater than 6,500 square feet but less than an acre,and a third price per
acre for properties greater than one (1) acre. The majority of the properties are standard size lots
between 6,500 and 8,500 square feet. Bids received are detailed on the attached tabulation.
The contract will be managed by the Code Enforcement Division.The Contractor will be given a list
of properties to mow each week. All properties must be mowed within five (5) days after
notification. Inspection of the properties will be made by a representative from the Code
Mowing Contract-City-Owned and Abandoned Properties
March 12,2007
Page 2
Enforcement Division prior to payment to ensure compliance with the specifications.
BUDGETARYIMPACT
Funds are available in the Public Health Department,Code Enforcement Division operating budget
to cover the estimated annual cost of$45,420.
BID TABULATION: ANNUAL CONTRACT FOR MOWING DEVELOPED AND VACANT
CITY OWNED &ABANDONED PROPERTY
BID OPENING DATE: THURSDAY, MARCH 8, 2007 @ 2:00 PM
BID NUMBER: TF0207-34
(Vendor 1 Perfect Cut Lawn Care IIr Yardboy Lawn Caret North Star Unlimited
City/State _ Beaumont, TX —__JL Beaumont, TX Beaumont, TX
Est. Annual Q Unit Price Ext. Price Price ? Ext. Price Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings 15.00 $7,500.001, $16.00 $8,000.00 14.00 $7,000.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.0011 $0.0026 ( $39,000.00 $0.0028 $42,000.00
One acre__or greater _ _ 7 parcel > 1 acre I $60.00!, $420.00 $85.00 $595.00 $142.50_ $997.50
[TOTAL -- - -_ ---$45,420.0[ $47,595.00 j $49,997.50
Vendor Champion Bush-hogging lj Garden of Gethsemane
City/State Beaumont, TX-----_ l Beaumont, TX
Est. Annual Qty. Unit Price Ext. Price ]�U_ni_t Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $20.00 j $10,000.00 $63.001 F$31,11500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. 1 $0.003096 I $46,440.00 $0.0027 $40,500.00
One acre or greater (I 7 parcel > 1 acre $115.00 I!, $805.00' $72.00 1 $504.00
-- --- --- 245.00 F -- 504.00]
57, $72,
RESOLUTION NO.
WHEREAS, bids were received fora contract for mowing City-owned and abandoned
and vacant properties; and,
WHEREAS, Perfect Cut Lawn Care, Beaumont, Texas, submitted a bid in the
estimated annual amount of $45,420 in the unit amounts as shown below:
Est. Annual Qty. Unit Price Ext. Price
6,500 sq.ft. or less minimum bid 500 cuttings $15.00 $7,500.00
6,500 sq.ft. up to one acre 15,000,000 sq.ft. $0.0025 $37,500.00
One acre or greater 7 parcel > 1 acre $60.00 $420.00
TOTAL $45,420.001
and,
WHEREAS, City Council is of the opinion that the bid submitted by Perfect Cut Lawn
Care, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Perfect Cut Lawn Care, Beaumont, Texas, for an annual
contract for mowing City-owned and abandoned and vacant properties in the amount of
$45420 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
8
March 20, 2007
Consider approving a bid for purchasing standby generator power systems to be used at several
fire stations and at City Hall
r
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider award of a bid for purchasing standby
generator power systems.
RECOMMENDATION
Administration recommends awarding a bid for purchasing six(6)standby generator power systems
for installation as noted herein to A & A Electric Company of Beaumont in the total amount of
$122,630.
BACKGROUND
The generator sets specified in the bid will provide standby emergency generator power to the Fire
Station Numbers 1, 5, 6, and 14, as well as Fire Headquarters and City Hall Technology Services
Department as indicated below. These facilities currently have no permanent emergency power
systems for occurrences of power outage.Each generator set will include a transfer switch which will
allow the system to come on-line automatically when necessary,and upon restoration of utility power
will automatically retransfer the electric load to normal operation and shut down the generator.
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
Purchase of six(6)Generators
March 12,2007
Page 2
Five(5)bids were received as reflected in the attached bid tabulation. The Building Services staff
has reviewed the specifications for the equipment submitted by A&A Electric Company and has
determined it meets all performance requirements.
Installation of the generator systems will be provided by a private electrical contractor.Bids will be
solicited for this purpose.
BUDGETARYIMPACT
Funds for the purchase of the generators in the total amount of$122,630 will be provided by a 2005
State Homeland Security Program(SHSP)grant, with no matching funds required.
The installation of generators at the Fire Department facilities is estimated at$43,500 and has been
budgeted in the Building Services operating budget.The installation of the generator at City Hall is
estimated at $25,000 and will be funded by the Capital Reserve Fund. Total installation costs are
estimated at$68,500.
BID TABULATION:PURCHASE OF STANDBY GENERATOR POWER SYSTEMS
BID OPENING DATE: THURSDAY,FEBRUARY 15,2007 @ 2:00 PM
BID NUMBER: TF0107-30
(tire vendor A&A Electric Co. Equipment Parts&Service Emergency Power Serrnce� Austin Generator Service j Austin Generator Service
Ci /State Beaumont,TX Beaumont,TX Beaumont,TX Austin,TX Austin,TX !
Fax Number - 409.842.5230 409.183.4616 409.892.5725 _J_ 512.251.3315 _ 512.251.3315
unit rice! e!.price unit price ext.price unit prime ext. 'ce unit rice ext.pnce�[ unit price ext.price
100 kW Power System - � �
1 _ Diesel-Fire Station#1 i $30,9�00 $30,9601:1 $29,426.07 $29,426.07 $32,988.00 32,988.00 $34,287.00.i $34,287.0011 $30,968.00 $30,968._00
Manufacturer&Model i' Generac SD100 ! Kohler 100RE0ZJD Generac SDI 00 _ Gillette _ �- Baldor
�Delivery_ Time -- - !�- ---- - � - - ;� --- -�
30 to 40 days 10 to 12 wks 6 to 8 wks L_ 21 wks 21 wks
[ unit price ext.price unit rice L-ext. rice u-nit ext.price unit price-I ext.once unft arice ext.price
[Natural 0 kW Power System -
3 Gas-#5,6&14 $16 300.00 8900,001 19 298.52 57 895.56 23 8 8. '��$ $ _$ 6 00 $71,604.00 $24,325.00 $72,975.001,x$25,656.00 $76,968.00
---
Manufacturer&Model - - _ Generac QT06030GNSN Kohler 60rzg - Generac SGO70 Gillette Baldor
---
Delive Time 30 to 40 days _ 10 to 12 wks 6 to 8 wks 21 wks
21 wks
[_Unit Price ext.price Unit price ext.price [ Urrit once�-ext. rice unit 'ce ext price unit rice= ext.price_
180 kW Power System ---- -- ���--- �� �
1 jlNaturalGas-Fire HQ ,_$18,755.00 $19,755.00' $22,945.08i1 $22,945.08 $25,184.00$25,184.00;; $29,034.00 $29,034.00 .00 ' $30,213.00
Manufacturer&Model I.LGenerac QT 08046GNSN Kohler-80 RZG Generac SGO070 Gillette Baldor
[Delivery Time __.___- _ 30 to 40 days 1 10 to 12 wks 6 to 8 wks_ _ 21 wks j 21 wks
r- -- u�� ext.price
unit price �_ext.price J unit rice ext.price l�unit price �� ext-pn'ce once unit _ ]i ext. '
'100 kW Power System � ����
1 Natural Gas-City Hall $23,025. $23,025.00',$23,012.49! $23,012.49 $27,144.00 $27,144.00 $28,067.00 $28,067.00 $34,782.00 $34,782.00
Manufacturer&Model Generac QT10068KNSN i; Kohler 100 RZG Generac QTA 10068 Gillette Bailor
- - -
Delivery Time _ 7 30 to 40 dap
J 10_to 12 wks 6 to 8 wks_ __ 21 wks 21 wks
- -- - _ -
[_ TOTAL BID: -_ $122 630.00J[_ - $133 279.20 _ $1_56,920.00J _ _ $164,363.001! _$172 931.00 l
RESOLUTION NO.
WHEREAS, bids were received for purchasing six (6) standby generator power
systems for installation as shown below:
LOCATION GENERATOR SIZE VOLTAGE FUEL
Fire Station#1 100KW 120/208 Diesel
Fire Station#5 60KW 120/208 Natural Gas
Fire Station#6 60KW 120/208 Natural Gas
Fire Station#14 60KW 120/208 Natural Gas
Fire Headquarters 80KW 120/208 Natural Gas
City Hall 100 KW 277/480 Natural Gas
arid,
WHEREAS, A & A Electric Company, Beaumont, Texas, submitted a bid in the
amount of$122,630 in the unit prices shown below:
unit price price
1 100 kW Power System Diesel - $30,950.00
Fire Station#1
Manufacturer& Model Generac SD100
Delivery Time 30 to 40 days
3 60 kW Power System Natural $16,300.00 $48,900.00
Gas -#5,6& 14
Manufacturer& Model Generac QT06030GNSN
Delivery Time 30 to 40 days
1 80 kW Power System Natural $19,755.00 $19,755.00
Gas-Fire HQ
Manufacturer& Model Generac QT 08046GNSN
Delivery Time 30 to 40 days
1 100 kW Power System Natural $23,025.00 $23,025.00
Gas -City Hall
Manufacturer& Model Generac QT10068KNSN
Delivery Time 30 to 40 days
TOTAL BID: $122,630.00
arid,
WHEREAS, City Council is of the opinion that the bid submitted by A & A Electric
Company, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by A&A Electric Company, Beaumont, Texas, for purchasing six
(6) standby generator power systems for installation as shown above in the amount of
$122,630 in the unit amounts shown above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
9
March 20, 2007
Consider approving the purchase of a hazardous environment detection system for use by
emergency workers
City Council Agenda Item
Nu
• EL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 12, 2007
REQUESTED ACTION: Council consider the purchase of a RAE System hazardous
environment detection rapid deployment kit system.
RECOMMENDATION
Administration recommends the purchase of a RAE System hazardous environment detection rapid
deployment kit system through the Houston-Galveston Area Council (H-GAC) Cooperative
Purchasing Program at a total cost of$99,435,with the equipment to be ordered from RAE Systems
of San Jose, CA.
BACKGROUND
The release of toxic materials presents emergency first responders with the immediate challenge to
determine what actions are needed to protect nearby populations. Immediate questions need to be
answered regarding toxic plume travel direction and concentration levels, and decisions must be
made regarding evacuations and road closures.The RAE Systems Rapid Deployment Kit(RDK)is
a state of the art device for detection and continuous monitoring of toxic gases which may be
released during hazardous material incidents.
The RDK consists of six(6)portable wireless multi-gas detection devices and a controller equipped
with a portable computer and software that tracks data sent from the detection devices by radio
transmission. The equipment measures concentrations of flammable and explosive gases, oxygen,
carbon monoxide, and hydrogen sulfide. Emergency workers can deploy the detectors into the
hazardous area and return to a position of safety. The controller is capable of monitoring data
transmitted from the detectors up to two (2) miles away. This reduces the potential for injury to
workers from exposure to toxic substances.
Purchase of RAE System
March 12,2007
Page 2
The proposed system includes the following components:
Description Price
Rapid Deployment Kit System Package $39,000
including 4 AreaRae Detection Devices
2 additional AreaRae Detection Devices 13,100
Monitor and 4-gas plus Isobutylene Calibration Kit 700
P1umeRAE Software Primary License 30,000
P1umeRAE Weatherpak Weather Station Package 13,750
RaeLink2 Repeater Package, Modem Extension Package 2,000
Carrying Case 500
Battery Charger and Cables 85
Shipping and Handling 300
Total Cost $99,435
Delivery is expected in approximately thirty(30)days.
BUDGETARYIMPACT
Funds for the expenditure will be provided by a 2005 State Homeland Security Program (SHSP)
grant, with no matching funds required.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a RAE System hazardous
environment detection rapid deployment kit system through the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program at a total cost of $99,435.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
10
March 20, 2007
Consider approving a bid for construction of a building at the Landfill
1U7QjCity Council Agenda Item
�Z c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 13, 2007
REQUESTED ACTION: Council award a bid for the construction of a building at the
Landfill.
RECOMMENDATION
Administration recommends the award of a bid to Goss Building, Inc. in the amount of$95,000 for
furnishing all labor,materials,equipment and supplies to construct a new ticket booth at the Landfill.
BACKGROUND
Four(4)bids were received on Thursday,March 8,2007 for furnishing all labor,materials,equipment
and supplies needed for the construction of a ticket booth building at the Landfill entrance. The new
building will replace an older structure that has been onsite for over ten (10) years. The current
building is a modified portable building built on skids.
The new structure specified is a 10 ft. x 16 ft. x 10 ft. 9 inch pre-fabricated concrete building with a
built-in work station and an ADA compliant restroom. The new building will be air conditioned and
equipped with necessary cabling for computer and phone line access.
The building is located at the entrance of the Beaumont Landfill located on Lafin Road. All
customers must check-in at this site prior to entering. This booth is manned during normal working
hours for verification of loads and payments.
In addition to the building,the paved drive will be widened to accommodate the trucks entering the
Landfill. This contract includes all concrete paved additions,electrical,plumbing and fixtures,HVAC
and associated ducts and grilles and set up of building.
Landfill Ticket Booth
March 13, 2007
Page 2
The bids received are as follow:
Contractor Price Completion Time
Goss Building, Inc. $95,000.00 75 calendar days
Beaumont, TX
Specialized Construction $99,400.00 90 calendar days
Beaumont, TX
Bruce's General Construction $104,269.00 60 calendar days
Beaumont, TX
Cleveco Construction $134,250.00 90 calendar days
Lumberton, TX
Goss Building, Inc. planned to subcontract 22% of the project to an MBE. The subcontractor
identified in his schedule is not a city or state certified MBE4RJB. The subcontractor has been
contacted and plans to submit an application for certification. The General Contractor also noted that
vendors from the City's current MBE list were contacted for bids but none responded.
BUDGETARY IMPACT
Finding is available in the Solid Waste Fund.
RESOLUTION NO.
WHEREAS, bids were received for furnishing all labor, materials, equipment and
supplies to construct a new ticket booth at the Landfill; and,
WHEREAS, Goss Building, Inc., Beaumont, Texas, submitted a bid in the amount
of $95,000; and,
WHEREAS, City Council is of the opinion that the bid submitted by Goss Building,
Inc., Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Goss Building, Inc., Beaumont, Texas, for furnishing all labor,
materials, equipment and supplies to construct a new ticket booth at the Landfill in the
amount of$95,000 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
11
March 20, 2007
Consider approving a bid to furnish draperies for the Julie Rogers Theatre
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 6, 2007
REQUESTED ACTION: Council approval of a bid to furnish draperies for the Julie
Rogers Theatre.
RECOMMENDATION
Approval of a bid for furnishing and installing draperies on nineteen(19)windows at the Julie Rogers
Theatre to McKnight Drapery Service in the amount of$84,500.
BACKGROUND
One bid was received for furnishing and installing draperies for the north and south lobbies and 2'
floor lobby windows at the Julie Rogers Theatre. Local manufacturers as well various vendors in and
out of state were notified of the bid. Most companies contacted declined to submit a bid because of
the limited completion time and the time required to make an onsite visit. Staff has been in contact
with McKnight Drapery and fabrics selected should be delivered in time to complete the project by
April 30.
The drapes include a triple over swag with cascading drapes tied back to reveal the gold accented
wall medallions. Fabric used in the manufacturer of the drapes will meet all fire and building code
requirements.
BUDGETARY IMPACT
The cost of the drapes will be submitted to the City's insurance carrier for reimbursement.
RESOLUTION NO.
WHEREAS, one (1) bid was received for furnishing and installing draperies for the
Julie Rogers Theatre; and,
WHEREAS, McKnight Drapery Service submitted a bid in the amount of$84,500;
and,
WHEREAS, City Council is of the opinion that the bid submitted by McKnight
Drapery Service should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THATthe bid submitted by McKnight Drapery Service for furnishing and installing draperies
on nineteen (19) windows in the north and south lobbies and second floor lobby windows
in the amount of $84,500 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
12
March 20, 2007
Consider authorizing the City Manager to apply for and receive funding through the Emergency
Management Performance Grant (EMPG)
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of PoliceC�
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$79,361 through the
Emergency Management Performance Grant(EMPG).
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Emergency Management Performance Grant (EMPG).
BACKGROUND
The Department of Homeland Security EMPG funding is provided to assist states and local
governments in developing and carrying out emergency management programs. This includes
mitigating costs of compliance with National Incident Management System, Incident Command
System,planning,and training mandates.The federal funding guidelines are envisioned to cover half
the anticipated operating expenses which are currently funded solely through the city's budget.
BUDGETARYIMPACT
City would receive grant funding in a total amount of$79,361 which would halve the$158,722 the
City currently anticipates spending in fiscal year 2007.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
in the amount of $79,361 through the Emergency Management Performance Grant
(EMPG) program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
March, 2007.
- Mayor Guy N. Goodson -
13
March 20,2007
Consider authorizing the City Manager to apply for and receive funding through the Department
of Homeland Security 2007 Port Security Grant Program to enhance the security of the Port of
Beaumont
N
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding in the amount of$1,825,000 through the
Department of Homeland Security 2007 Port Security Grant
Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Department of Homeland Security 2007 Port Security Grant Program.
BACKGROUND
The Department of Homeland Security Port Security Grant Program can be utilized to enhance the
security of the Port of Beaumont which has been designated as critical to national infrastructure. The
grant funds would be used for the purchase of 100 in-car camera systems, communication
interoperability mobile antenna repeater system with two microwave backup links for existing
repeater towers,and a fully equipped Chemical Biological Radiological Nuclear Explosive(CBRNE)
Incident Response vehicle. This equipment would enhance Detailed information is attached for your
review.
BUDGETARY IMPACT
City would receive grant funding in a total amount of $1,368,750 with the City of Beaumont
responsible for $456,250. Funding will be provided by the Capital Programs Fund.
COTP Zone: Port Arthur
Port Area: Sabine Neches River
Name of Applicant: Beaumont Police Department
Document Type: Budget
Budget Cate2ory Federal Amount Non-Federal Amount
Personnel $0.00
Fringe Benefits $0.00
Equipment $1,368,750 $456,250
In-car camera system for 100 vehicles with data link and storage capability
total:$ 595,000
Communication Interoperability mobile erectable antenna repeater system and
two microwave backup links to existing repeater towers with support equipment
total:$1,020,000
One (1) fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System total:$ 210,000
Supplies $0.00
Construction $0.00
Consultants $0.00
Other Costs $0.00
Indirect Costs $0.00
Total Project Costs: $1,825,000
Federal Request $1,368,750
Non-Federal Amount $ 456,250
Budget Narrative
• The Beaumont Police Department(BPD)respectfully requests funding to obtain
the described equipment to enhance its ability to prevent, detect,prepare for,
exercise command and control and respond to any criminal activity on the
waterway within the Port of Beaumont infrastructure, and to assist other regional
agencies in their support. BPD is depended upon to provide security, intelligence
and command and control as well as respond to criminal or terrorist activity due
to its size, expertise, equipment, and manpower capabilities. BPD must have the
ability to effectively protect first responders during identification, acquisition and
apprehension of hostile force(s),particularly with a threat as potentially deadly as
an explosive detonated in a port facility supporting the national war on terror and
potential conflagration of surrounding refineries. This equipment is directly tied
to mitigating identified security deficiencies, and will reduce vulnerability to the
viable threat of IEDs against shipping assets, and reduce the potential for injury
by personnel checking for threats. With the addition of three new LNG terminals
and the expansion of the Motiva Refinery to be the largest in the Nation,
Beaumont is becoming even more critical to the national infrastructure than it
already was.
• The digital in-car digital camera system with 100 unit cameras and supporting
primary and storage servers and infrastructure equipment will provide critical
surveillance capability to effectively and immediately communicate with
police headquarters, the Port of Beaumont, Jefferson County, U.S. Coast
Guard, and other agencies in this region. Wireless download capabilities and
system components tying in the existing mobile data computers will provide
immediate remote viewing capabilities to maintain command and control and
coordination of protection and response efforts.
Projected Cost: $595,000
• The communications interoperabilityproject includes one (1)mobile erectable
repeater antenna and support equipment and two (2) microwave backup links
and supporting equipment for two existing repeater towers. This project is
essential to maintain communications, command and control, conduct
information searches and report incidents and coordinate response during
emergencies or disasters where primary systems are rendered inoperable.
Projected Cost: $890,000
• One fully equipped CBRNE Incident Response Vehicle with Explosive Gas
Detection System to ensure all area police officers can safely deter, be
protected from, approach, cover, identify and address hazardous threats from
IEDs and hostile weapons fire. Police officers exposed to any hostility
currently have little to no protection against any potential threat without
access to this type of vehicle due to port infrastructure and terrain. This would
be a shared asset supporting the whole Southeast Texas region. Further, the
vehicle serves as a platform for conducting surveillance and detection
operations with the thermal and infrared imaging equipment provided under
previous round funding. The CBRNE response vehicle can be used to position
or service existing or additional surveillance equipment even in hostile
conditions. It will also serve as a command post and rescue vehicle during
potential hostilities. Additionally, this project will provide a crucial
requirement to become a Type I SWAT team under current NIMS guidance.
Projected Cost: $210,000
(12) Revocation of permit or license. For serious or repeated violations of any
of the requirements of this ordinance, or for interference with the
regulatory authority in the performance of its duties, the permit or license
may be permanently revoked after an opportunity for a hearing has been
provided by the regulatory authority. Prior to such action, the regulatory
authority shall notify the permit or license holder in writing, stating the
reasons for which the permit or license is subject to revocation and
advising that the permit or license shall be permanently revoked at the
end of five (5) days following service of such notice, unless a request for
a hearing is filed with the regulatory authority, by the permit or license
holder, within such a five-day period. A permit or license may be
suspended for cause pending its revocation or a hearing relative thereto.
If no request for hearing is filed within the five-day period, the revocation
of the permit or license becomes final.
(13) Service of notices. Notices provided for in this ordinance shall be deemed
to have been properly served when the original of the inspection report
form or other notice has been delivered personally to the permit holder or
person in charge, or such notice has been sent by registered or certified
mail, return receipt requested, to the last known address of the permit or
license holder. A copy of such notice shall be filed with the records of the
regulatory authority.
(14) Hearings. The hearings provided for in this ordinance shall be conducted
by the regulatory authority at a time and place designated by it. Based
upon the record of such hearing, the regulatory authority shall make a
final finding and shall sustain, modify, or rescind any official notice or
order considered in the hearing. A written report of the hearing decision
shall be furnished to the permit or license holder by the regulatory
authority.
(15) Application after revocation. Whenever a revocation of a permit or license
has become final, the holder of the revoked permit or license may make
written application for a new permit or license.
Section 229.1716) Report of findings. This section is to be amended to add items
(7)--(9) to read as follows:
(7) Grading of food service establishments. Every food service establishment
in the City of Beaumont shall display, in a place designated by the
regulatory authority, a placard approved by the regulatory authority
stating the sanitary condition received at the time of the most recent
inspection of the establishment: Provided that temporary food service
establishments and retail food establishments shall not be subject to
grading. Immediately following each inspection of a food service
establishment, the regulatory authority shall post the appropriate sanitary
condition based upon the inspection findings, and shall issue an
appropriate notice in accordance with section 229.171 Q) of this
ordinance. Sanitary conditions of establishments shall be as follows:
TABLE INSET:
Superior An establishment whose rating scores were no more than twenty(20)
rating demerits on two consecutive prior inspections and whose rating score on the
third inspection is no more than twenty (20) demerits.
Above An establishment having a rating score of no more than twenty (20)
average
demerits.
rating
Average An establishment having a rating score of more than twenty(20) demerits
rating but no more than thirty(30) demerits.
Section 229.171(1)(2)(C). This subsection shall be amended to read as follows:
(C) When the total cumulative demerit value of an establishment exceeds 30
demerits, the establishment shall initiate immediate corrective action on
all identified critical violations and shall initiate corrective action on all
other violations within 48 hours. Failure to initiate immediate corrective
action by the establishment may result in immediate suspension of the
permit or license by the regulatory authority. One or more reinspection
shall be conducted at reasonable time intervals to assure correction.
Section 229.171(n) Examination and detention of food. This subsection shall be
deleted to add new subsections (n)(1) and (2) to read as follows:
(n) Examination and condemnation of food.
(1) Food supplied under the provisions of this ordinance may be
examined or sampled by the regulatory authority as often as
necessary for enforcement of these rules. A receipt for samples
shall be issued by the regulatory authority. The regulatory
authority shall, upon written notice to the owner or person in
charge specifying the reason thereof, place under detention any
food which he/she determines or has probable cause to believe is
adulterated or misbranded in accordance with the provisions of
the Texas Food, Drug, and Cosmetic Act, Texas Health and
Safety Code, Chapter 431. The regulatory authority shall tag, label
or otherwise identify any food subject to detention. No food
subject to detention shall be used, served, sold or moved from the
establishment. The regulatory authority shall permit storage of the
food under conditions specified in a hold order. The hold order
shall specify with particularity the reasons therefor and shall state
that a request for hearing may be filed within ten (10) days, and,
that if no hearing is requested, the food shall be destroyed, a
hearing shall be held if so requested, and on the basis of evidence
produced at that hearing, the hold order may be vacated, or the
owner or person in charge of the food may be directed by written
order to denature or destroy such food or to bring it into
compliance with applicable laws. Such order of the regulatory
authority to denature or destroy such food or bring it into
compliance with the provisions of this ordinance shall be stayed if
the order is appealed to a court of competent jurisdiction within
three (3) days.
(2) Wherever the regulatory authority shall find in any food service
establishment or operations any food which is unsound, or
contains any filthy, decomposed or putrid substance, or that may
be poisonous or deleterious to health or otherwise unsafe, the
same being hereby declared to be a nuisance, the regulatory
authority shall forthwith condemn or in any manner render the
same unsalable as human food.
Section 229.171 shall be further amended to add a subsection (r)(1) and (2):
(r) Review of plans.
(1) Submission of plans. Whenever a food establishment is
constructed or extensively remodeled or whenever an existing
structure is converted for use as a food establishment, properly
prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the regulatory
authority for review and approval before construction, remodeling
or conversion is begun. The plans and specifications shall indicate
the proposed layout, arrangement, mechanical plans, and
construction materials of work areas, and the type and model of
proposed fixed equipment and facilities. The regulatory authority
shall approve the plans and specifications if they meet the
requirements of all applicable laws. No food establishment shall
be constructed, extensively remodeled, or converted except in
accordance with plans and specifications approved by the
regulatory authority.
(2) Pre-operational inspection. Whenever plans and specifications are
required by subsection (229.171)(r) of this section to be submitted
to the regulatory authority, the regulatory authority shall inspect
the food service establishment prior to its beginning operation to
determine compliance with the approved plans and specifications
and with the requirements of all applicable laws.
(Code 1958, § 14-1; Ord. No. 83-120, § 2, 9-27-83; Ord. No. 84-32, § 2, 2-14-84; 84-
146, §§ 1, 2, 11-13-84; Ord. No. 87-65, § 1, 8-18-87; Ord. No. 88-48, § 1, 5-10-88; Ord.
No. 91-6, § 1, 1-15-91; Ord. No. 00-89, §2, 10-10-00)
Sec. 11-2. Adoption of U.S. Public Health Service Machine Vending
Ordinance and Code by reference; copy on file; amendments.
The definitions, the requiring of permits for the installation and operation of
vending machines; the prohibition of the sale of adulterated or misbranded food or drink,
and the enforcement of this section shall be regulated in accordance with the terms of
the unabridged form of "The Vending of Food and Beverages--1978 Recommended
Sanitation Ordinance of the Food and Drug Administration", a copy of which shall be on
file in the office of the city clerk; provided that the words "municipality of
" in said unabridged form shall be understood to refer to the City of
Beaumont and provided further that sections 6-601 and 6-602 of said unabridged
ordinance shall be deemed deleted.
(Code 1958, § 14-19; Ord. No. 84-32, § 3, 2-14-84)
Sec. 11-3. Reserved.
Editor's note: Ord. No. 00-89, § 3, adopted October 10, 2000, amended the Code by
repealing former§ 11-3 in its entirety. Former§ 11-3 pertained to health certificates, and
derived Code of 1958, § 14-8; Ord. No. 79-60, adopted August 7, 1979; Ord. No. 84-
130, adopted October 2, 1984; and Ord. No. 87-13, adopted March 10, 1987.
Sec. 11-4. Licenses generally--Issuance; standard fees.
(a) Upon approval of the application of all applicants, as filed with the health
department, the health department shall issue to the applicant a license or
permit.
(b) The amount of the license fees for applicants for each location, other than as
otherwise provided in this article, shall be determined as follows:
(1) Establishments having from zero to ten (10) stools or chairs . . .
$ 5 00192.50
(2) Establishments having from eleven (11) to twenty (20) stools or chairs . . .
X99203.50
(3) Establishments having from twenty-one (21) to thirty (30) stools or chairs .
445-.W214.50
(4) Establishments having from thirty-one (31) to fifty (50) stools or chairs . . .
205:-99225.50
(5) Establishments having from fifty-one (51) to seventy-five (75) stools or
chairs . . . 24-5-.AA236.50
(6) Establishments having from seventy-six (76) to one-hundred (100) stools
or chairs . . . 225:99247.50
(7) Establishments having one hundred one (101) to one hundred fifty (150)
stools or chairs . . . 2354)9258.50
(8) Establishments having one hundred fifty-one (151) to two hundred (200)
stools or chairs . . . 2454)9269.50
(9) Establishments having over two hundred (200) stools or chairs .
255:00280.50
(10) Special food service establishments (per day) . . . 29Q89220.00
(11) Establishments needing temporary permits . . . 304)933.00
(4-3 12) Establishments needing vending machine licenses . . . 59 0055.00
(a-413) Establishments needing seafood/wholesale licenses . . . 48 0944.00
(x-514) Establishments needing seafood/retail licenses . . . 294)922.00
(4- 15) Establishments needing produce/wholesale licenses . . . 55.00
(47-16) School cafeterias, public or parochial . . . 80.0955.00
(4 817) Seasonal food service establishments . . . 75 0082.50
(481 8) Retail food stores with zero (0) to two (2) checkout counters . . .
47-5.09192.50
(291 9) Retail food stores with three (3) to five (5) checkout counters . . .
X5.90247.50
(2420) Retail food stores with six (6) to nine (9) checkout counters . . .
274:09302.50
(2221) Retail food stores with ten (10) or more checkout counters . . .
326.90357.50
(c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a
license fee which is fifty (50) per cent of the fees established above in section 11-
4(b)(1) through (16) inclusive. The term "youth oriented" shall mean nonprofit
organizations which provide services to persons more than fifty (50) per cent of
whom are less than eighteen (18) years of age. The term "elderly oriented" shall
mean nonprofit organizations which provide services to persons more than fifty
(50) per cent of whom are sixty-five (65) years of age or older. The term
"nonprofit organizations" shall mean those organizations which have been
granted an exemption or are exempt from the payment of federal income taxes.
(d) Retail food stores that have an existing city-licensed food service facility shall pay
a license fee which is fifty (50) per cent of the fees established above in sections
11-4(b)(19) through 11-4(b)(22).
(Code 1958, §§ 14-9, 14-20; Ord. No. 83-120, § 1, 9-27-83; Ord. No. 84-15, § 1, 1-17-
84; Ord. No. 84-32, § 7, 2-14-84; Ord. No. 84-146, § 3, 11-13-84; Ord. No. 85-57, § 1, 5-
28-85; Ord. No. 00-05, § 1, 1-4-00; Ord. No. 03-104, § 1, 12-9-03)
Sec. 11-5. Same--When fees chargeable; proration of fees; expiration.
The annual license fee shall be chargeable on all licenses issued after the first
day of January up to and including the thirty-first (31st) day of July of each year, and
one-half the annual fee for all licenses issued after the thirty-first day of July and through
the thirty-first day of December of each year except for seasonal, special event and
temporary food service establishments. All licenses shall expire on the thirty-first day of
December of each year. Annual renewal fees for established businesses that are not
received by January 31 are considered late. Late payments are subject to an additional
25 percent penalty on February 1 and an additional 5 percent penalty will be charged for
each subsequent month, until payment is received.
(Code 1958, §§ 14-10, 14-21; Ord. No. 84-146, §4, 11-13-84)
Sec. 11-6. Same--Display.
Each person required to pay for a license hereunder shall keep such license
displayed in a conspicuous place in each establishment operated.
(Code 1958, § 14-14)
Sec. 11-7. Fruit and vegetables--Wholesaler's license required; application.
Every person, before opening, maintaining or operating an establishment for sale
at wholesale of fruits and vegetables, or for the wholesale distribution thereof, shall
make application for license for such business upon a blank to be furnished by the
health authority of this city, in which application the applicant shall give the following
information:
(1) Residence and business addresses of applicant.
(2) Number of establishments to be maintained and operated.
(3) Nature of business and location thereof.
(4) Method of distribution to be used.
(Code 1958, § 14-11)
Sec. 11-8. Same--Inspection of premises prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such fruit and vegetable products are cleaned, stored, packed, prepared
for or offered for sale.
(Code 1958, § 14-12)
Sec. 11-9. Same--Issuance; fees; transferability.
Upon filing of such application to sell fruits or vegetables at wholesale,
satisfactory inspection of the premises and paying the health authority a license fee of
fifty dollars ($50.00), the health authority shall issue a license to the applicant to operate
such establishment for and during the current year for which such license is issued,
which license shall not be transferred. In case such license is issued for only a remaining
portion of such year, the fee charged shall be proportionately reduced; provided,
however, the minimum fee to be paid hereunder shall be the sum of twenty-five dollars
($25.00).
(Code 1958, § 14-13)
Sec. 11-10. Same--Construction of delivery vehicles.
All vehicles or conveyances used for distributing or delivering fruit or vegetables
must be so constructed as to protect such fruit or vegetables from flies, dirt, dust or other
filth.
(Code 1958, § 14-3)
Sec. 11-11. Seafood business--License required.
It shall be unlawful for any person to sell or offer for sale, or distribute, at
wholesale or retail, from a fixed place of business within the city any fish, oysters,
shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams, in any manner, without first
obtaining a license for the sale thereof; provided, however, that said license shall not be
required of any person selling such marine life outlined above for on-premises
consumption.
(Code 1958, § 14-15)
Sec. 11-12. Same--Application for license.
Every person, before opening, maintaining or operating such an establishment
for any of the purposes stated in section 11-11, or in any manner selling or distributing or
offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp,
lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make
application for each establishment to be so maintained and operated by applicant, upon
a blank to be furnished by the health authority, and in which application the applicant
shall give the following information:
(1) Residence and business addresses of applicant;
(2) Number of establishments to be maintained and operated;
(3) Nature of business;
(4) Whether wholesale or retail;
(5) Name of the owner of such establishment;
(6) Name under which it is to be operated.
(Code 1958, § 14-16; Ord. No. 84-32, § 4, 2-14-84)
Sec. 11-13. Same--Classes of licenses; fees; term.
(a) There shall be two (2) classes of licenses for establishments named in section
11-11, issued by the regulatory authority, said classes of licenses as follows:
(1) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14 hereof, the regulatory authority shall
issue to any person a fish wholesalers license, upon payment by the
person to the regulatory authority of the fee established by section 11-4
herein; provided however, under the terms of such license, the person
shall not be allowed to peddle from store to store but his sales must be
made directly either by delivery upon a previously executed order or
directly from his place of business. Nothing in this section shall prohibit
any person from making delivery to any retail store in the city, provided
such delivery is made in pursuance of a previously executed order from
the merchant or retail establishment.
(2) Upon proper application, and after applicant has complied with the
provisions contained in section 11-14, the regulatory authority shall issue
to any person a fish retailers license upon payment by the person to the
regulatory authority of the fee established by 11-4 herein; provided,
however, under the terms of such license, the person shall not be allowed
to peddle from store to store or from house to house or upon the streets
of the city, but his sales must be made directly, either by delivery upon a
previously executed order, or directly from his place of business.
(b) The licenses provided in section 11-11 shall be for the period of the calendar
year, regardless of the date of issuance or unless sooner revoked.
(Code 1958, § 14-17; Ord. No. 84-32, § 5, 2-14-84)
Sec. 11-14. Same—Inspection prior to issuance of license.
After filing such application for a license, it shall be the duty of the health
authority of the city to make an inspection of the premises in which the applicant desires
to conduct his establishment, and no license shall be issued to such person unless the
building in which the business is to be conducted is constructed in accordance with the
building code of the city and contains floors of concrete connected with floor drains so
that the same may be easily cleaned. Such premises shall be properly ventilated, and
the walls of such premises, and the benches, tables and other furniture therein shall be
built and constructed in such manner that they can be easily kept clean. Such premises
shall contain sufficient and adequate refrigeration, and all plumbing and plumbing
fixtures shall comply with the plumbing code of the city, and such premises shall be
equipped with sanitary toilets as required by the laws of the state. Such premises shall
be equipped with wash basins, with individual or paper towels available in such toilets,
and dirty unused clothing shall not be permitted to be stored or kept in any room in such
premises where such marine products are cleaned, stored, packed, prepared for or
offered for sale.
(Code 1958, § 14-18)
Sec. 11-15. Same—Regulations generally.
It shall be unlawful to sell or offer for sale, within the city, any fish, oysters,
shrimp, lobsters, crabs, terrapins, turtles, crayfish and clams, which, if taken from the
waters under the jurisdiction of the state, have not been approved by the state
department of health under the regulations and permit of such department, both as to
preparation and packing for shipment and shipment; or if such marine products are
taken from the waters under the jurisdiction of any other state, it shall be unlawful to sell
or offer for sale, within the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles, terrapins, crayfish and clams, which have not been taken from the waters under
the jurisdiction of the state and approved by the proper authorities of the state, and
under the regulations and permit of the state authorities, and of the United States Public
Health Service, both as to preparation and packing for shipment and shipment; and in so
selling and offering for sale such marine products, it must be indicated either by
certificate or otherwise from such state authorities that such marine products were taken
from the waters and packed and shipped as approved and required by such regulations.
(Code 1958, § 14-5)
Sec. 11-16. Same--Refrigeration.
The food commodities named in section 11-15 shall be kept in adequate
refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such
commodities are sold, either at wholesale or retail, and the delivery thereof not made at
the time of sale, the same shall be delivered in a sanitary manner, and shall be at a
temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery.
(Code 1958, § 14-6)
Sec. 11-17. Same--Adulteration of oysters.
It shall be unlawful for any person to adulterate oysters, by adding thereto ice,
water, sodium sulphate or any other preservative for the purpose of increasing the
quantity of or preserving such oysters.
(Code 1958, § 14-7)
Sec. 11-18. Peddling, selling of certain items in public places prohibited.
(a) It shall be unlawful for any person to peddle, sell or offer for sale beverages
served by the glass, hot tamales, enchiladas, red hots, wieners, sausages,
hamburgers, fresh and salt water fish and all other marine life, sandwiches or any
other similar food products easily contaminated by dust, dirt or flies, along or
upon any public street, sidewalk, alley or any other such public easements or
rights-of-way in the city.
(b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet,
flavored ices or other frozen dairy products along or upon any public streets,
sidewalks, alleys or other public easements or rights-of-way within the city unless
said products are individually packaged frozen dairy products sold from vehicles
equipped with refrigeration facilities adequate to maintain temperatures sufficient
to ensure that the products remain frozen. The products shall be prepackaged
frozen dairy products manufactured, frozen and packaged by a frozen dairy
foods products plant licensed by the State Department of Health. Any person
who sells or offers for sale packaged frozen dairy products from refrigerated
vehicles shall first obtain a permit as provided for in section 11-34 of the Code of
Ordinances. Following the issuance of a permit, each vehicle operating under
said permit shall be inspected once every six (6) months on the premises of the
health department. Revocation of permits shall be in accordance with section 11-
34 of the Code of Ordinances.
(Code 1958, § 14-2; Ord. No. 82-30, § 1, 3-23-82)
., FOgulated.
,
,
Secs. 11-20--11-29. Reserved.
ARTICLE II. RESERVED*
*Editor's note: Ord. No. 00-89, § 4, adopted October 10, 2000, amended the Code by
repealing former art. II, §§ 11-30--11-48, in its entirety. Former art. II pertained to dairy
products, and derived from the Code of 1958, §§21-1--21-19.
Secs. 11-30--11-79. Reserved.
ARTICLE III. RESERVED*
*Editor's note: Ord. No. 00-89, § 5, adopted October 10, 2000, amended the Code by
repealing former art. III, § 11-80, in its entirety. Former art. II pertained to meat and
poultry, and derived from the Code of 1958, § 20-1.
Sec. 11-80. Reserved.
ARTICLE IV. FOOD SERVICE MANAGERS'S CERTIFICATE*
*Editor's note: Ord. No. 84-32, § 8, adopted Feb. 14, 1984, provided for the addition
of Art. IV, food service manager's certificate, §§ 11-81--11-89, to read as herein set out.
Sec. 11-81. Purpose.
There shall be a program of food service manager's certification conducted under
the direction of the regulatory authority. Such a program shall have as its primary goal
the training of persons in managerial positions (person in charge) within the food service
industry in safe food handling practices, including knowledge of the City of Beaumont's
food service sanitation ordinance. Training shall be accomplished by means of a special
course which will be made available at regular intervals to those persons seeking
certification. Certification shall be accomplished after all course requirements have been
met and the applicant has demonstrated by means of an examination that such person
possesses the required minimum essential knowledge as determined by the regulatory
authority.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-82. Food service manager certification required.
It shall be unlawful for any person owning, operating, directing, or managing any
food service establishment, catering operation, or any place or vehicle regulated by the
city food service sanitation ordinance where food or drink is manufactured, produced,
processed, prepared, or otherwise manipulated, within the city, to fail to keep in his
employ a manager, assistant manager, supervisor, or other person in charge of said
establishment who has a valid and current food service manager's certification issued by
the regulatory authority. Whenever a food service manager certificate has expired or the
holder of the certificate is no longer employed in the food service establishment, ninety
(90) days shall be allowed for the food service establishment to comply with this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-83. Exemption.
Food manager certificates will not be required for the following:
(1) Food service establishments providing only beverages, popcorn,
prepackaged foods, or commercially prepared candy or nuts;
(2) Nonprofit organizations except those operating schools, day cares,
nursing homes, halfway houses or boarding homes;
(3) Food service establishments inspected at least once in each week by
state or federal food sanitation inspectors;
(4) Temporary or special event food service establishments; and
(5) Persons operating a mobile food unit or supplying food to vending
machines.
For the purposes of this article, a nonprofit organization shall mean an organization
which has been granted an exemption or is exempt from the payment of federal income
taxes.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-146, § 5, 11-13-84)
Sec. 11-84. Issuance of food service manager's certification certificate.
A food service manager's certificate shall be issued to any person who submits
the required issuance fee, and:
(a) Completes the City of Beaumont Food Service Manager's Certification
Course or shows evidence of completion, within the past three (3) years,
of a course of study which is listed in the Texas Department of Health
€eod-Sev+ceState Health Services Worker's Training Program Course
Registry, and achieves the required minimum score of seventy-five (75)
points out of a possible one hundred (100) points on a written
examination administered or approved by the regulatory authority. An
applicant who fails to achieve a minimum score of seventy-five (75) on
the written examination may repeat the examination one (1) time without
repetition of the food sanitation course of study; or
(b) Provides evidence of certification within the past three (3) years by an
agency which administers a national examination determined by the
Texas Department of Wealth State Health Services and/or the U.S. Food
and Drug Administration to be content valid and legally reliable; or
(c) Provides an associate's or bachelor's degree, or the equivalent, awarded
within the past three (3) years, in restaurant or hotel and restaurant
management from an accredited college or university.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, § 2, 1-15-91)
Sec. 11-85. Term of certification.
A food service manager's certificate shall be valid for three (3) years from the
date of issuance. The expiration date will be written on each certificate issued. The term
may be less than three (3) years for an individual who was certified by another agency or
organization as provided for in section 11-84. No certificate shall be transferable from
one person to another person.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-86. Renewal of certificates.
Unless reexamination is required by state or federal law, a food service
manager's certificate may be renewed by completing and submitting the renewal
application form provided by the regulatory authority not more than thirty (30) days
before nor sixty (60) days after the date of expiration of the certificate. Such application
for renewal must be accompanied by payment of the fee as set out in section 11-88 of
this article.
(Ord. No. 84-32, § 8, 2-14-84)
Sec. 11-87. Revocation of a food manager's certificate.
(a) A food service manager's certificate may be revoked by the regulatory authority
on a finding that any of the following grounds exist:
(1) That the food service manager interfered with an inspection of the food
service establishment by agents of the regulatory authority;
(2) That violations of the City of Beaumont's food service sanitation
ordinance exist in the food service establishment;
(3) That the certified food manager knowingly falsified any information
supplied on an application for certification issued under this article;
(4) That the certified food manager or any employee of the food service
establishment has made use of a food service manager's certificate which
has not been duly issued by the regulatory authority.
(b) Prior to revocation of a food service manager's certificate, the regulatory authority
shall give written notice to the holder of the certificate and to the owner of the
food service establishment in which the food service manager is employed. Such
notice shall state:
(1) The grounds upon which the City of Beaumont will seek revocation of the
certificate;
(2) That revocation becomes final ten (10) days after notice unless a written
request for hearing is filed with the regulatory authority before expiration
of the ten-day period.
(c) The notice required by this article is considered served when it is delivered to the
holder of the certificate, and the owner of the food service establishment, or
when it is sent by registered or certified mail, return receipt requested, to the last
known address of the holder of the certificate and the owner of the food service
establishment. A copy of the notice shall be filed in the records of the regulatory
authority.
(d) The hearing provided for in this article shall be conducted by the regulatory
authority at a time and place designated by the regulatory authority. After
completion of the hearing, the officer designated by the regulatory authority to
conduct the hearing shall make written findings as to whether or not the
certificate is to be revoked. If the hearing officer revokes the certificate, written
notice of such revocation shall be served on the food service manager and the
owner of the establishment with a copy of the findings. Upon receiving written
notice that the food service manager's certificate has been revoked, the food
service manager shall surrender the certificate to the regulatory authority.
If the food service manager fails to appear at the hearing at the time, place, and
date specified, the City of Beaumont shall present sufficient evidence to establish a
prima facie case showing that an act or acts have been committed which constitute
grounds for revocation of the certificate.
In the event a certificate is revoked, the City of Beaumont shall not be liable for
any refund of any part of the fee paid for the certificate.
A person whose food service manager's certificate has been revoked, shall not
be granted a new certificate until such person has attended a course of training and
passed the required examination subsequent to the revocation, and met all requirements
of an initial applicant.
Food service managers certificates remain the property of the City of Beaumont
Environmental Health Division and must be surrendered to the regulatory authority to be
voided when the permit has been revoked.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 91-6, §2, 1-15-91)
Sec. 11-88. Fees.
(a) The fee for issuance of a food service manager's certificate is ten dollars
($10.00).
(b) The enrollment fee for the food service sanitation course of study provided by the
regulatory authority shall be fifty dollars ($50.00) and will not be refunded once
the course has begun. Those organizations which are exempt from the food
service manager's certification course under section 11-83(2) herein may attend
the food service sanitation course without payment of the required enrollment
fee, so long as the training is being provided by city staff subject to an availability
of space.
(c) The fee for replacement of a valid and current certificate which has been lost,
stolen, or damaged shall be five dollars ($5.00).
(d) All fees for issuance of certificates will be refunded in the event that no certificate
is issued.
(Ord. No. 84-32, § 8, 2-14-84; Ord. No. 84-72, § 1, 6-12-84)
Sec. 11-89. Certificate to be displayed in establishment.
Food service manager certificates shall be prominently posted in the
establishment in a place acceptable to the regulatory authority.
(Ord. No. 84-32, § 8, 2-14-84)
Secs. 11-90--11-109. Reserved.
ARTICLE V. RETAIL FOOD STORE SANITATION CODE*
*Editor's note: Ord. No. 00-89, § 6, adopted October 10, 2000, amended the Code by
repealing art. V, §§ 11-110--11-233, in its entirety. Former art. V pertained to the retail
food store santitation code, and derived from Ord. No. 85-57, adopted May 28, 1985;
and Ord. No. 91-6, adopted January 13, 1991.
Secs. 11-110--11-233. Reserved.
2
March 20, 2007
Consider adopting a resolution of support for House Bill 2818 delaying transition into retail
competition in the Entergy-Gulf States, Inc. service area
�"'A" City Council Agenda Item
M M
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 16, 2007
REQUESTED ACTION: Council consider adopting a resolution of support for House
Bill 2818 delaying transition into retail competition in the
Entergy-Gulf States, Inc. service area.
RECOMMENDATION
Administration recommends approval of a resolution of support for House Bill 2818 delaying retail
open access in the Entergy-Gulf States, Inc.'s service area.
BACKGROUND
The City Council met in work session on February 13, 2007, with representatives of other cities
within the EGSI service area to discuss issues related to Entergy's proposed transition into retail
competition in the deregulated electric market. A presentation was made by legal counsel on behalf
ofthe Cities Steering Committee addressing several reasons why transition to competition at this time
is not feasible and should be delayed. The Steering Committee is recommending that the participating
cities adopt the attached resolution supporting House Bill 2818 delaying competition in the EGSI
service area for the following reasons:
(1) Customers in the Electric Reliability Council of Texas(ERCOT)that have participated in the
deregulated markets since January 1,2002,have experienced substantial rate increases under
the competitive model;
(2) EGSI estimates that Company customers will see at least a 40% increase under the
competitive model;
(3) EGSI has attempted to transition to competition in the past and failed after spending over
$200 million which customers are paying back through surcharges over the next 15 years;
(4) EGSI will soon be imposing yet another surcharge to recover the $352 million in damages
associated with Hurricane Rita;
(5) Communities and customers in Southeast Texas are still recovering from the effects of
Hurricane Rita and further rate increases will hinder economic development.
It was the general consensus of those present at the work session that it would not be in the best
interest of the citizens within the EGSI service area for EGSI to move to open competition at this
time.
The administration is recommending adoption ofthe resolution supporting the passage ofHouse Bill
2818 which would delay transition to open competition in the EGSI service area until such time as
the legislature decides competition should move forward.
BUDGETARY IMPACT
The customers in the EGSI service area will realize a substantial savings by delaying transition to
open competition in the deregulated electric market.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT, TEXAS,
SUPPORTING THE PASSAGE OF HOUSE BILL 2818 DELAYING
RETAIL OPEN ACCESS IN ENTERGY GULF STATES, INC.'S
SERVICE AREA
WHEREAS, On December 29, 2006, Entergy Gulf States Inc. ("EGSI" or
"Company") filed its transition to competition plan with the Public Utility Commission of
Texas ("PUC" or"Commission") in accordance with Public Utilities Act, Tex. Util. Code
("PURA") § 39.452(g);
WHEREAS, EGSI's plan, as filed, contemplates that EGSI will join the Electric
Reliability Council of Texas ("ERCOT") and that competition will commence in 2013;
WHEREAS, EGSI estimates that the costs of joining ERCOT and transitioning to
competition will cost over $1 billion;
WHEREAS, EGSI requests current reimbursement of its costs to join ERCOT and
transition to competition;
WHEREAS, the PUC has docketed this matter as PUC Docket No. 33687 and
determined that the case shall proceed as a contested case;
WHEREAS, EGSI estimates that competition will result in at least a 40% increase
in rates;
WHEREAS, all other non-ERCOT utilities have delayed the transition to
competition for their service areas;
WHEREAS, EGSI has increased its rates over the last year through surcharges
designed to recover $217.5 million for EGSI's failed transition to competition and $321
million to restore power following Hurricane Rita;
WHEREAS, many customers in the EGSI service area are still recovering from
Hurricane Rita and the additional rate increases contemplated by EGSI's transition to
competition plan could stifle economic development;
WHEREAS, on March 8, 2007, House Bill 2818, delaying retail open access in
EGSI's service area, was introduced;
WHEREAS, the Cities' Steering Committee has recommended supporting the
passage of House Bill 2818 delaying retail open access in EGSI's service area, as has
been done with other non-ERCOT utilities;
1
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont supports the passage of House Bill 2818
delaying retail open access in EGSI's service area.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of
Beaumont, Texas, this 20th day of March, 2007.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST:
City Secretary
APPROVED AS TO FORM:
2
3
March 20, 2007
Consider authorizing the City Manager to execute a Joint Election Agreement between Jefferson
County and the City of Beaumont for the City of Beaumont General Election being held jointly
wilth Jefferson County
117LJ1J
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: March 20, 2007
AGENDA MEMO DATE: March 14, 2007
REQUESTED ACTION: Council to consider authorizing the City Manager to execute
a Joint Election Agreement between Jefferson County and the
City of Beaumont for the City of Beaumont General Election
being held jointly with Jefferson County
RECOMMENDATION
Administration recommends approval of authorization for the City Manager to execute a Joint
Election Agreement between Jefferson County and the City of Beaumont for the City of Beaumont
General Election being held jointly with Jefferson County.
BACKGROUND
This Joint Election Agreement is a requirement of Jefferson County for the County Clerk to
coordinate, supervise and handle all aspects of administering the Joint Election in accordance with
the provisions of the Texas Election Code. Each participating authority agrees to pay Jefferson
County for equipment, supplies, services and administrative costs. The Jefferson County Clerk will
serve as administrator for the election;however,each participating authority remains responsible for
the lawful conduct of their respective election.
BUDGETARY IMPACT
Funds are available in the City Clerk's Operating Budget.
PREVIOUS ACTION
None
RECOMMENDED BY
City Manager and Interim City Clerk
JOINT ELECTION AGREEMENT
AND
ELECTION SERVICES CONTRACT
BETWEEN
JEFFERSON COUNTY
AND
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD SATURDAY, MAY 12, 2007
TO BE ADMINISTERED BY THE JEFFERSON COUNTY CLERK
1 . JURISDICTION
1.1. The Governor of the State of Texas has ordered a special
election to be held on May 12 , 2007, for a constitutional
amendment election.
1.2 The Mayors, the School Board and the Port Commission of the
following political sub-divisions : City of Beaumont,
Beaumont Independents School District, Port of Beaumont,
Bevil Oaks, City of China, City of Groves, City of
Nederland, Nederland Independent School District, Nome, City
of Port Arthur, Port Arthur Independent School District,
Port of Port Arthur, City of Port Neches, Port Neches-Groves
Independent School District, Sabine Pass Independent School
District, Sabine Pass Port Authority either have or may
order an election to be held on the 12th day of May, 2007,
relating to the affairs of each political sub-division.
1 . 3 A list of each county election precinct and Election Day
polling location involved in the joint election, is shown in
Attachment "A" .
2 . ADMINISTRATION
The Jefferson County Clerk agrees to coordinate, supervise
and handle all aspects of administering the Joint Election
in accordance with the provisions of the Texas Election Code
and as outlined in this agreement . Each participating
authority agrees to pay Jefferson County for equipment,
supplies, services and administrative costs as outlined in
this agreement . The Jefferson County Clerk will serve as
administrator for the election; however, each participating
authority remains responsible for the lawful conduct of
their respective election.
PAGE 1
3 . LEGAL DOCUMENTS
3 . 1 Each participating authority will be responsible for
preparation, adoption and publication of all required
election orders, resolutions, notices and any other
pertinent documents required by their respective governing
bodies .
3 . 2 The Jefferson County Clerk will be responsible for making
the submission required by the Federal Voting Rights Act of
1965, as amended, with regard to administration of the
county constitutional amendment election only. Any
submission of pre-clearance to the Department of Justice,
will be the responsibility of each participating authority.
Preparation of necessary bilingual materials for notices and
preparation of the text for the official ballot will also be
the responsibility of each participating authority. Each
participating authority will provide a copy of their
respective election notices and justice submission to the
Jefferson County Clerk.
4 . DIRECT RECORD VOTING SYSTEM/OPTICAL SCAN
4 . 1 Each participating authority agrees that voting at the joint
election will be by use of a direct record and optical scan
voting system approved by the Secretary of State in
accordance with the Texas Election Code . The Jefferson
County Clerk' s Office will be responsible for the
preparation of programs and the testing of the direct record
system and optical scan system used for tabulating the
ballots .
4 . 2 Jefferson County agrees to provide direct recording
electronic devices (DRE) , and voting booths for the joint
election.
5 . VOTING LOCATIONS
5.1 Voting locations will be the voting locations for the county
precincts as approved by Jefferson County Commissioners'
Court on July 31, 2006 . The voting locations are listed in
Attachment "B" of this agreement . In the event a voting
location is not available, the Jefferson County Clerk will
arrange for use of an alternate location with the approval
of each participating authority affected by the change .
Jefferson County will be responsible for submitting any
polling location changes to the Department of Justice for
pre-clearance that changes from the list approved on July
31, 2006 . The Jefferson County Clerk will notify each
participating authority of any changes from the locations
listed in Attachment "A" .
PAGE 2
6. ELECTION JUDGES, CLERKS AND OTHER ELECTION PERSONNEL
6.1 The Jefferson County Commissioners' Court approved the
appointment of the presiding judge and alternate for each
polling location on July 31, 2006 . The Jefferson County
Clerk shall arrange for the training and compensation of all
presiding judges and clerks . The election judges are listed
in Attachment "B" of this agreement . If a person is unable
or unwilling to serve, the Jefferson County Clerk will
submit to the Commissioners' Court a substitute name for the
precinct and notify each participating authority affected by
the change .
62 In compliance with the Federal Voting Rights Act of 1965, as
amended, precincts containing more than 5% Hispanic
population, according to the 2000 census statistics are
required to have interpreter assistance. If a presiding
judge is not bilingual and is unable to hire a bilingual
clerk, the Jefferson County Clerk may make a recommendation.
The Jefferson County Clerk has available on staff three
bilingual deputy clerks who may assist at polling locations
if necessary.
6 . 6 The Jefferson County Clerk will hold schools of instruction
on the use of electronic and optical scan voting equipment
and on election laws . All Election Judges and Alternates
must attend an election judge training session taught by the
Jefferson County Clerk.
6.7 The election judges are responsible for picking up election
supplies at the time and place determined by the Jefferson
County Clerk. Each Election Judge and Alternate will receive
$9 . 00 per hour and each clerk will receive $8 . 00 per hour
(for a maximum of 14 hours) on Election Day. The election
judge will receive an additional $25 . 00 and the person
accompanying the elections judge will receive $10 . 00 for
picking up the election supplies prior to Election Day and
for delivering election returns and supplies to the Central
Counting Station.
All poll workers for the Early Voting period under the
supervision of the Early Voting Clerk, Carolyn L. Guidry
will be compensated at a rate of $8 . 00 per hour.
6 . 13 The Jefferson County Clerk will employ other personnel
necessary for the proper administration of the election,
PAGE 3
including such part-time help as is necessary to prepare for •
the election, to ensure the timely delivery of supplies and
equipment during the period of early voting and on election
day, and for the efficient tabulation of ballots at the
central counting station. Personnel working in support of
the central counting station on election night will receive
pay for at least two hours, minimum call for service,
regardless of the actual hours worked.
7 . SUPPLIES AND PRINTING
7 . 1 The Jefferson County Clerk will arrange for all election
supplies and election printing, including, but not limited
to, all forms, signs and other materials used by the
election judges at the voting locations .
7 . 2 The Jefferson County Clerk will provide instructions and
other information needed to enable the election judges to
conduct a proper election.
7 . 3 Each participating authority shall furnish the Jefferson County
Clerk a list of candidates and/or propositions showing the
order and the exact manner in which their candidate names
and/or proposition (s) are to appear on the official ballot . The
list will be delivered to the Jefferson County Clerk no later
than 12 : 00 noon on March 15, 2007 . Each participating authority
will be responsible for proofreading and approving the ballot
in so far as it pertains to that authority' s candidates and/or
propositions .
8 . OPTICAL SCAN BALLOTS
8 . 1 The ballot allocation for Election Day is based on providing
enough ballots in every reporting precinct to handle the same
turnout as in comparable elections that utilized the optical
scan ballot plus an additional twenty-five percent (2596) of
that number.
8.2; Ballot On Demand will print the ballots for Early Voting By
Mail as needed. Ballot On Demand will print the Provisional
ballots for the Early Voting period and a minimum of twelve
(12) ballots per ballot style will be available at each of the
Early Voting locations . Additional ballots for the Early
Voting period will be printed on an as needed basis .
9 . RETURNS OF ELECTIONS
9 . 1 The Jefferson County Clerk will be responsible for establishing
and operating the central counting station to receive and
tabulate the voted ballots in accordance with the provisions of
the Texas Election Code and of this agreement .
PAGE 4
9.2 The participating authorities hereby, in accordance with
Section 127 . 002, 127 . 003 and 127 . 005 of the Texas Election
Code, appoint the following central counting station officials :
Manager - Christopher Mouton
Tabulating Supervisors Paul Helegda, MIS
Director and
Ken Seholm, Asst . MIS Director
Presiding Judge - Pat Anderson
Alternate Judge - Donna Ferchak
9 . 3 The manager or his representative will deliver timely
cumulative reports of the election results as precincts are
tabulated. The manager will be responsible for releasing
cumulative totals and precinct returns from the election to the
joint participants, candidates, press, and general public by
distribution of hard copies .
9 .4 The Jefferson County Clerk will prepare the unofficial canvass
report after all precincts have been counted, and will deliver
a copy of the unofficial canvass to each participating
authority as soon as possible after all returns and provisional
ballots have been tabulated. All participating authorities will
be responsible for the official canvass of their respective
elections .
9 . 5 The Jefferson County Clerk will be responsible for conducting
the post election manual recount, unless a waiver is given from
the Secretary of State in accordance with Section 127 . 201 of
the Texas Election Code . Notification and copies of the
recount, if waiver is denied, will be provided to each
participating authority and the Secretary of State ' s Office.
10 . ELECTION EXPENSES
10 . 1 The participating authorities agree to share the costs of
administering the May 12 , 2007 Joint Election. An
administration fee not to exceed 10% of the total value of the
contracted services per entity shall be assessed as authorized
by the Texas Election Code, Sec . 31 . 100 . Allocation of
equipment and miscellaneous cost will be proportionate to the
number of shared polling locations and programming cost will be
assessed per entity based on the actual hours spent coding and
changing data for that entity.
PAGE 5
10.2 Each participating authority, will pay proportionately the
expenses for early voting by mail and personal appearance based
on actual cost for labor, postage and supplies .
10 . 3 Final election expenses will be determined within 30-45 days
after the election. The Jefferson County Clerk will provide
each participating authority with a detailed billing statement .
Any disputed amount should be reported within ten (10) days of
receipt of the statement . Payment is due upon receipt of the
bill if there are no discrepancies .
11 . SECURITY DEPOSIT
11 . 1 The signing of this Joint Agreement is in lieu of a deposit .
12 . RECORDS OF THE ELECTION
12 . 1 Carolyn L. Guidry, Jefferson County Clerk is hereby appointed
general custodian of the voted ballots and all records of the
Joint Election as authorized by Section 271 . 010 of the Texas
Election Code.
12 . 2 Access to the election records will be available to each
participating authority as well as to the public in
accordance with the Texas Public Information Act, Chapter
552 , Government Code, at the office of the Jefferson County
Clerk, 1001 Pearl Street, Beaumont, Texas, at any time
during normal business hours .
12 . 3 Records of the election will be retained and disposed of in
accordance with the records retention schedules and in
accordance with the provisions of Title 6, Subtitle C,
Chapters 201 through 205, Texas Local Government Code,
including the minimum retention requirements established by
the Texas State Library and Archives Commission. If records
of the election are involved in any pending election
contest, investigation, litigation, or Texas Public
Information Act, the Jefferson County Clerk shall maintain
the records until final resolution or until final judgement,
whichever is applicable . It is the responsibility of any
participating authority to bring to the attention of the
Jefferson County Clerk any notice of any pending election
contest, investigation, litigation, or Texas Public
Information Act request, which may be filed with a
participating authority.
13 . EARLY VOTING
13 . 1 Carolyn L. Guidry, Jefferson County Clerk, will be appointed
as early voting clerk in compliance with Sections 271 . 006 of
PAGE 6
the Texas Election Code . Other deputy early voting
judges/clerks will be appointed by the early voting clerk as
needed to process early voting mail and to conduct early
voting at the main location and branch locations.
13 .2 Early voting by personal appearance will be conducted at the
locations and times as described in Attachment "C" . Any
qualified voter for the Joint Election may vote early by
personal appearance at either the main early voting location
or at any one of the branch locations .
13.3 All requests for early voting ballots by mail that are
received by participating authorities will be transported on
the day of receipt to the Jefferson County Clerk, 1001 Pearl
Street, Beaumont, Texas 77701 for processing. Persons
voting by mail will send their voted ballots to the
Jefferson County Clerk, P.O. Box 1151, Beaumont, Texas
77704-1151 .
13 . 4 All early voting ballots will be prepared for counting by an
Early Voting Ballot Board appointed in accordance with
Section 87 . 001 of the Texas Election Code . (Exhibit D)
14. ELECTION REPORTS
The Early Voting Clerk will be responsible for ensuring the
delivery of the reports titled Early Voting Daily Vote
Totals to each participating authority each day of Early
Voting for the previous day' s voting activity. The political
sub-divisions will assist in picking up the voter sign-in
sheets each early voting day where practical and delivery to
the County Clerk' s office or the Counting Station by 4 : OOpm.
When possible, the Early Voters' reports will be delivered
by electronic means via e-mail , facsimile, or website .
15 . RUNOFF ELECTION
In the event a runoff is necessary, the agreement will
automatically be extended to cover the runoff, unless a
participating authority states in writing before April 30,
2007, that it does not wish to participate in a joint
runoff . The Jefferson County Clerk will provide each
participating authority in the joint runoff election with an
estimate of funds to be deposited in a special joint runoff
election account . The funds must be deposited no later than
five (5) days after the runoff estimate figures are received
from the Jefferson County Clerk.
PAGE 7
16 . RECOUNT
A Recount cost would be billed at the applicable rate to the
authority responsible for the canvassing of that election.
The guidelines for a Recount can be found in the Texas
Election Code, Title 13 , Chapters 211 through 216 .
17' . CONTRACT WITHDRAWAL
Any participating authority that certifies their election in
accordance with Section 2 . 051, 2 . 052 and 2 . 053 of the Texas
Election Code, may withdraw from the joint election
contract . Any expenditure incurred prior to withdrawal shall
be billed separately and that contracting authority shall be
removed from the contract . An addendum page (s) to the
contract shall be provided to the remaining participants no
later than five (5) days after notification of all intents
to withdraw have been received by the Jefferson County
Clerk.
18 . NOTICE
Whenever this agreement requires any consent, approval
notice, request or demand, it must be in writing to be
effective and shall be delivered to the Jefferson County
Clerk:
Carolyn L. Guidry, Jefferson County Clerk,
P.O. Box 1151,Beaumont, TX 77704-1151
PAGE 8
County:
APPROVED AND EXECUTED ON 2007 .
Ronald L. Walker,
COUNTY JUDGE
ATTEST:
CAROLYN L. GUIDRY, COUNTY CLERK
APPROVED AS TO FORM:
TOM RUGG,
FIRST ASSISTANT DISTRICT ATTORNEY
Entity:
APPROVED AND EXECUTED ON 2007 .
PAGE 9
ATTEST:
PAGE 10
EXHIBIT "A"
PRECINCTS AND POLLING LOCATIONS 2007
PCT LOCATION PCT LOCATION PCT LOCATION
1 French Elementary 9 Ridgewood 17/26/9 Municipal Airport
3525 Cleveland Ave. Elementary 0 455 Keith Rd., Hwy. 90
Beaumont, TX 77703 2820 Merriman Beaumont, TX 77707
8321-6631 Port Neches, TX 866-2700
77651
722-7641
2 Smith Middle School 10 Scott Olive Baptist 18 Ozen High School
4415 Concord Church 3443 Fannett Rd.
Beaumont, TX 77703 1050 Ewing Beaumont, TX 77705
892-3811 Beaumont, TX 77701 981-7500
832-0687
3 Brown Alternative Center 11 Jefferson County 19 BISD Administration
19010 Pope Courthouse Annex
Beaumont, TX 77703 1001 Pearl Street 1025 Woodrow
785-4225 Beaumont, TX 77701 Beaumont, TX 77705
835-8400 833-3762
4 BISD Administration Bldg. 12/13 Dunbar Elementary 20 Pietzsch Elementary
3395 Harrison 825 Jackson 4301 Highland
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77705
899-9972 832-7617 835-2505
5 Caldwood Elementary 13/12 Dunbar Elementary 21 Precinct 4 Barn
102 Berkshire Lane 825 Jackson W. Port Arthur Rd., 2202
Beaumont, TX 77707 Beaumont, TX 77701 Hebert Rd.
835-3818 832-7617 Guffey-Beaumont, TX
77705
Judges use cell phones
6 Central Sr. High School 14 Ogden Elementary 22 Roy Guess Elementary
88 ,Jaguar 2300 Victoria 8055 Voth Rd.
Beaumont, TX 77702 Beaumont, TX 77701 Beaumont, TX 77708
981-7100 833-2313 892-9702
7 O.C. "Mike"Taylor Career 15 MLK Middle School 23 Rosedale Baptist
Center 1400 Avenue A 7110 Concord Rd.
2330 North St. Beaumont, TX 77701 Beaumont, TX 77708
Beaumont, TX 77701 838-4431 892-2548
835-0153
8 Magnolia Baptist Church 16 Fletcher Elementary 24 First Baptist
2830 Pine Street 1050 Ave F Church-Nome
Beaumont, TX 77703 Beaumont, TX 77701 1985 Louisiana
832-2258 833-3831 Nome, TX 77629
253-2391
25 Pct 1 Service Center 33 Stephen F.Austin 41 Huntsman Corp C-4 Plant
1201 W. Hwy 90 High School 2701 Spur 136
China, TX 77613 2441 -61st Street Port Neches, TX 77651
752-2891 Port Arthur, TX 722-8381
77640
736-1521
26/17 Municipal Airport 34 Wheatley School 42 Van Buren Elementary
/90 455 Keith Rd., Hwy. 90 800 W. 53rd St. 6400 Van Buren
Beaumont, TX 77707 Port Arthur, TX Groves, TX 77651
866-2700 77640 962-6511
985-9101
27/78 Vincent Middle School 35/98/1 Full Gospel Christian 43/61 Pt. Neches ISD
/86 350 Eldridge 06 Center Curriculum Ctr.
Beaumont, TX 77707 9401 Hwy. 69 5840 W. Jefferson Blvd.
866-1491 Port Arthur, TX Groves, TX 77651
77640 962-8446
724-1271
28 Pct 4 Service Center 36 Langham Elementary 44 Tyrrell Elementary School
7780 Boyt Rd 800-12th St. 4401 Ferndale
Beaumont, TX 77713 Nederland, TX 77627 Port Arthur, TX 77642
794-2444 722-4324 962-7373
29 Harnshire Community Building 37 Highland Park 45/70/9 Stilwell Technical Center
12318 2nd St. Elementary 5/109 4801 9th Avenue
Harnshire, TX 77622 200 S. 6th St. Port Arthur, TX 77642
243-2411 Nederland, TX 77627 983-3286
722-0236
30/91 Farinett Elementary 38 Neches Federal 46/96 United Pentecostal
23395 Burrell Wingate Credit Union Church
Beaumont, TX 77705 2339 Nall St. 2700 25th Street
794-1412 Port Neches, TX Port Arthur, TX 77642
77651 985-9345
727-1639
31/10 Labelle-Fannett VFD 39 Blanchette 47/93/1 O.W. Collins Retirement
1/108 3473 Pine Tree Rd. Elementary 02 Center
Beaumont, TX 77705 2400 Lela 4440 Gulfway
796-1529 Beaumont, TX 77705 Port Arthur, TX 77642
842-1230 982-6441
32 Sabine Pass Fire Station #4 40 Hebert Library 48/49 Lee Elementary
5030 S. Gulfway Drive 2025 Merriman 3939 Delaware
Port Arthur, TX Port Neches, TX Port Arthur, TX 77642
971-2421 77651 983-3259
722-4554
49/48 Lee Elementary 58/57/9 Jefferson County 67 South Park Middle School
393.9 Delaware 4 Sub-Courthouse 4500 Highland
Port Arthur, TX 77642 525 Lakeshore Drive Beaumont, TX 77705
983-3259 Port Arthur,TX 838-3941
77640
983-8300
50/51 Edison Jr. High School West 59 Port Arthur Fire 68 Austin Jr. High School
Gym Station#2 3410 Austin
3501 - 12th St. 1201 Granis Beaumont, TX 77706
Port Arthur, TX 77642 Port Arthur, TX 892-0193
985-4311 77640
983-3676
51/50 Edison Jr. High School West 60 Groves Elementary 69 Nederland Recreation
Gym 3901 Cleveland Center
3501 - 12th St. Groves, TX 77619 2300 Ave. H
Port Arthur, TX 77642 962-1531 Nederland, TX 77627
985-4311 724-0773
52/53 DeQueen Elementary 61/43 Pt. Neches ISD 70/45/9 Stilwell Technical Center
/81 740 DeQueen Blvd, 7th St. Curriculum Ctr. 5/109 4801 9th Avenue
Entrance 5840 W. Jefferson Port Arthur, TX 77642
Port Arthur, TX 77640 Blvd. 983-3286
982-4336 Groves, TX 77651
962-8446
53/52 DeQueen Elementary 62 Sallie Curtis 71 Taft Elementary
/81 740 DeQueen Blvd, 7th St. Elementary 2500 Taft
Entrance 6225 N. Circuit Dr. Port Arthur, TX 77640
Port Arthur, TX 77640 Beaumont, TX 77706 962-2262
9821-4336 866-4134
54/55 Franklin Elementary 63 Lucas Elementary 72 Wesley United Methodist
1001-10th St. 1750 E. Lucas Church
Port Arthur, TX 77640 Beaumont, TX 77703 3810 N. Major Drive
985-2573 892-9683 Beaumont, TX 77713
892-7012
55/54 Franklin Elementary 64 Beaumont 73 George Marshall Jr. High
1001-10th St. Community Players School
Port Arthur, TX 77640 5515 Phelps Rd. 6455 Gladys
985-2573 Beaumont, TX 77705 Beaumont, TX 77706
842-4664 866-4174
56/80 C.O. Wilson Jr. High School 65 Regina Howell 74 Fire Station Meeting
262:0 Helena Ave. Elementary Room
Nederland, TX 77627 5850 Regina Lane 3707 Central Blvd
727-6224 Beaumont, TX 77706 Nederland, TX 77627
892-5045 722-6922
57/58 Jefferson County 66 Bevil Oaks Civic 75 Lamar- Health & Human
/94 Sub-Courthouse Center Performance Complex A
525, Lakeshore Drive 7390 Sweetgum East Lavacca at
Port Arthur, TX 77640 Bevil Oaks, TX 77713 University Drive
983-8300 753-1475 Beaumont, TX 77705
880-7011
76 William B. Travis Elementary 85 PACE Union Hall 94/57/5 Jefferson County
1115 Lakeview 2490 S. 11 th St. 8 Sub-Courthouse
Port Arthur, TX 77642 Beaumont, TX 77701 525 Lakeshore Drive
982-2891 842-3952 Port Arthur, TX 77640
983-8300
77 St. Pius X School 86/27/7 Vincent Middle 95/45/7 Stilwell Technical Center
3355 McHale 8 School 0/109 4801 9th Avenue
Beaumont, TX 77708 350 Eldridge Port Arthur, TX 77642
892-3316 Beaumont, TX 77707 983-3286
866-1491
78/27 Vincent Middle School 87/88/9 Pine Burr Baptist 96/46 Park Place Fire Station
/86 350 Eldridge 9 Church 3300 Memorial Blvd.
Beaumont, TX 77707 5095 Pine Burr Blvd. Port Arthur,TX 77642
866-1491 Beaumont, TX 77708 985-8920
892-4974
79/10 Tennis Center 88/87/9 Pine Burr Baptist 97 NO RESIDENTS
0 6455 College 9 Church
Beaumont, TX 77707 5095 Pine Burr Blvd.
866-2833 Beaumont, TX 77708
892-4974
80/56 C.O. Wilson Jr. High School 89 Ridgewood 98/35/1 Full Gospel Christian
2620 Helena Ave. Retirement Center 06 Center
Nederland, TX 77627 2520 IH 10 East 9401 Hwy. 69
727-6224 Beaumont, TX 77705 Port Arthur, TX 77640
899-2531 724-1271
81/52 DeQueen Elementary 90/17/2 Municipal Airport 99/87/8 Pine Burr Baptist Church
/53 740 DeQueen Blvd, 7th St. 6 455 Keith Rd., Hwy. 8 5095 Pine Burr Blvd.
Entrance 90 Beaumont, TX 77708
Port Arthur, TX 77640 Beaumont, TX 77707 892-4974
9824336 866-2700
82 Cedar Park Community Room 91/30 Fannett Elementary 100/79 Tennis Center
7601 -9th Avenue 23395 Burrell 6455 College
Port Arthur, TX 77642 Wingate Beaumont, TX 77707
722-0459 Beaumont, TX 77705 866-2833
794-1412
83 Central Jr. High School 92 First Baptist Church 101/31/ Labelle-Fannett VFD
200- 17th St. Blewett Road 108 3473 Pine Tree Rd.
Nederland, TX 77627 Cheek, TX 77705 Beaumont, TX 77705
727-5765 842-1237 796-1529
84 Fehl Elementary 93/47/1 O.W. Collins 102/47/ O.W. Collins Retirement
3350 Blanchette 02 Retirement Center 93 Center
Beaumont, TX 77701 4440 Gulfway 4440 Gulfway
835-3871 Port Arthur, TX Port Arthur, TX 77642
77642 982-6441
982-6441
103 NO RESIDENTS 107 NO RESIDENTS 112 NO RESIDENTS
104/1 Calvary Baptist Church 108131/ Labelle-Fannett VFD 113 NO RESIDENTS
16 3650 Dowlen Rd. 101 3473 Pine Tree Rd.
Beaumont, TX 77706 Beaumont, TX 77705
898-7074 796-1529
105 NO RESIDENTS 109/45/ Stilwell Technical 114 NO RESIDENTS
70/95 Center
4801 9th Avenue
Port Arthur, TX
77642
983-3286
106/3 Full Gospel Christian Center 110 NO RESIDENTS 115 NO RESIDENTS
5/98 9401 Hwy. 69
Port Arthur, TX 77640
724-1271
116/10 Calvary Baptist Church
4 3650 Dowlen Rd.
Beaumont, TX 77706
898-7074
EXHIBIT " B "
PRECINCT LOCATIONS AND JUDGES FOR 2007
PCT LOCATION JUDGE ALTERNATE JUDGE #OF
CLERKS
1 French Elementary (Dem) (Rep) 4
3525 Cleveland Ave. Brenda Greene Richard A. Hooks
Beaumont, TX 77703 1825 Brooklyn St. 4482 Dallas St.
832-6631 Beaumont, TX 77701 Beaumont, TX 77703
835-1777 892-6966
791-8024
2 Smith Middle School (Dem) (Rep) 3
4415 Concord Jerrie Mathis Jim Doane
Beaumont, TX 77703 3730 Acorn Circuit 3460 Minglewood
892-3811 Beaumont, TX 77703 Beaumont, TX 77703
892-4164 898-8196
3 Brown Alternative Center (Dem) (Rep) 4
1900 Pope Thelma Fielder Etta Harris
Beaumont, TX 77703 2975 Grand 1135 Skipwith St
785-4225 Beaumont, TX 77703 Beaumont, TX 77701
892-4164
4 BISD Administration Bldg. (Rep) (Dem) 3
3395 Harrison Dick Foulk Shirley Laday
Beaumont, TX 77702 3670 Crestwood 23750 Vincent Rd
899-9972 Beaumont, TX 77706 Winnie, TX 77665
898-0741
5 Caldwood Elementary (Rep) (Rep) 3
102 Berkshire Lane Norma Conner Louise Williams
Beaumont, TX 77707 232 W. Caldwood Dr 14 Bayou Bend PI
835-3818 Beaumont, TX 77707 Beaumont, TX 77706
866-3357 892-8951
673-1801
6 Central Sr. High School (Dem) (Rep) 3
88 Jaguar Celeste Johnson Greg Cottington
Beaumont, TX 77702 2560 Rusk St. 3775 Seminole
981-7100 Beaumont, TX 77702 Beaumont, TX 77707
833-3338 843-3458
7 O.C. "Mike"Taylor Career (Rep) (Dem) 3
Center Barbara Bradley M. Thomas Brent
2330 North St. 2165 North St 2490 Louisiana
Beaumont, TX 77701 Beaumont, TX 77701 Beaumont, TX 77702
835-0153 835-3808 832-7392
8 Magnolia Baptist Church (Dem) (Rep) 3
2830 Pine Street Katherine A. Campbell Sheila Hebert
Beaumont, TX 77703 1067 Weiss St. 2555 Gulf St.
832-2258 Beaumont, TX 77703 Beaumont, TX 77703
832-9642 838-2728
455-3451
9 Ridgewood Elementary (Rep) (Rep) 4
2820 Merriman Sherry Desmond Kim Desmond
Port Neches, TX 77651 683 Birchwood Dr 3145 Matter Horn Dr.
722-7641 Port Neches, TX 77651 Port Neches, TX 77651
722-5082 729-9464
10 Scott Olive Baptist Church (Dem) (Dem) 3
1050 Ewing Nanette Cantue Chiquitia Mitchell
Beaumont, TX 77701 1075 Long St. 1075 Long St.,
832-0687 Beaumont, TX 77701 Beaumont, TX 77701
833-0848 833-0848
11 Jefferson County Courthouse (Dem) (Rep) 1
1001 Pearl Street Rose Marie Solomon Chris McKinney
Beaumont, TX 77701 1835 Pennsylvania PO Box 1751
835-8400 Beaumont, TX 77701 Beaumont, TX 77704
838-5565 838-6412
12/13 Dunbar Elementary (Dem) (Rep) 3
825 Jackson Doris Decuir Chris Busch
Beaumont, TX 77701 4905 Wyatt,Apt 19 4610 Monticello
832-7617 Beaumont, TX 77705 Beaumont, TX 77706
899-3632
13/12 Dunbar Elementary
825 Jackson (with PCT12) (with PCT12)
Beaumont, TX 77701
832-7617
14 Ogden Elementary (Dem) (Rep) 3
2300 Victoria Kimberly Lewis Lillian Frye
Beaumont, TX 77701 2335 Roberts 1819 Roberts
833-2313 Beaumont, TX 77701 Beaumont, TX 77701
833-8104 835-0220
15 MLK Middle School (Dem) (Rep) 3
1400 Avenue A Merdle Hanes Wade Billingsley
Beaumont, TX 77701 805 Amarillo St. 2562 Westbury Rd.
838-4431 Beaumont, TX 77701 Beaumont, TX 77713
832-4143 722-5721
504-8319
16 Fletcher Elementary (Dem) (Rep) 1
1050 Ave F Gwen Johnston
Beaumont, TX 77701 2145 Bourbon
833-3831 Beaumont, TX 77705 Beaumont, TX 77706
842-4214
17/26/90 Municipal Airport (Rep) (Dem) 4
455 Keith Rd., Hwy. 90 Steven Randall Melynia Revia
Beaumont, TX 77707 1135 Sunmeadow 7279 Shady Ln.
866-2700 Beaumont, TX 77706 Beaumont, TX 77713
866-7749 866-1340
351-9362
I
18 Ozen High School (Dem) (Rep) 3
3443 Fannett Rd. David Harper Margaret Bostic
Beaumont,TX 77705 4375 Winston P.O. Box 6621
981-7500 Beaumont, TX 77705 Beaumont, TX 77725
842-6966
331-4586
19 BISD Administration Annex (Dem) (Rep) 3
1025 Woodrow Pauline Mouton Wesley Lee
Beaumont, TX 77705 4275 Cadillac Ln 7655 Park North Dr.,Apt
833-3762 Beaumont,TX 77705 711
842-2157 Beaumont,TX 77708
832-1279
20 Pietzsch Elementary (Dem) (Rep) 3
4301 Highland Grace Demary Sam Jernigan
Beaumont, TX 77705 430 E. Elgie 5910 Meadow Way
835-2505 Beaumont, TX 77705 Beaumont, TX 77707
833-2056 866-7369
673-4659
21 Precinct 4 Barn (Dem) 1
W. Port Arthur Rd., 2202 Wilmeretta Lowe (Rep)
Hebert Rd. 2015 Hilldbrandt Sonja Pickens
Guffey-Beaumont, TX 77705 Beaumont, TX 77705 830 Church St
Judges use cell phones 838-3342 Beaumont, Tx 77705
246-5213
22 Roy Guess Elementary (Rep) (Dem) 4
8055 Voth Rd. Janet Dietz J.W. Albert
Beaumont, TX 77708 7750 Homer Dr. 1915 Griffing Rd.
892-9702 Beaumont, TX 77708 Beaumont, TX 77708
892-2731 898-8861
790-2144
23 Rosedale Baptist (Dem) (Rep) 3
7110 Concord Rd. Lucille Bryan James Boykin
Beaumont, TX 77708 6910 Concord 5415 Linda Lane
892-2548 Beaumont, TX 77708 Beaumont,TX 77708
892-4395 892-8422
24 First Baptist Church-Nome (Rep) (Dem) 1
1985 Louisiana Susan Tindall Joan Yates
Nome, TX 77629 P.O. Box 105 PO Box 131
253-2391 Nome,TX 77629 Nome, TX 77629
253-2277 253-2253
782-8999
25 Pct 1 Service Center (Rep) (Dem) 3
1201 W. Hwy 90 Kathy Lewis Viola Jones
China, TX 77613 P.O. Box 404 P.O. Box 312
752-2891 China, TX 77613 China, TX 77613
752-5268 752-5372
752-5270
26/17/90 Municipal Airport
455 Keith Rd., Hwy. 90 (with PCT 17/90) (with PCT 17/90)
Beaumont, TX 77707
866-2700
27/78/86 Vincent Middle School (Rep) (Dem) 5
350 Eldridge Jon Tritsch Wilburean Benard
Beaumont, TX 77707 1007 Park Meadow 5015 Pine St#101
866-1491 Beaumont, TX 77706 Beaumont,TX 77703
861-1761
28 Pct 4 Service Center (Dem) 2
7780 Boyt Rd Ezora Mae Bassett (Dem)
Beaumont, TX 77713 6852 Boyt Rd. Shirley Carmon
794-2444 Beaumont, TX 77713 6574 Boyt Rd
794-2281 Beaumont,Tx 77713
794-2142
29 Hamshire Community Building (Rep) (Dem) 3
12318 2nd St. Tanya Young Dolores Marcyniuk
Hamshire, TX 77622 10668 E. Hamshire P.O. Box 311
243-2411 Hamshire, TX 77622 Hamshire, TX 77622
243-2219 243-3340
30/91 Fannett Elementary (Rep) (Rep) 3
23395 Burrell Wingate Belinda Breaux Liz Wenner
Beaumont, TX 77705 20768 Hwy 365 10810 Kolemay
794-1412 Beaumont, TX 77705 Beaumont, TX 77705
794-2064 794-2530
31/101/1 Labelle-Fannett VFD (Rep) (Dem) 3
08 3473 Pine Tree Rd. J. Tom Fox Virginia Ferguson
Beaumont, TX 77705 201 Greenwood 14995 Labelle Dr.
796-1529 Beaumont, TX 77705 Beaumont, TX 77705
796-1119 796-2474
32 Sabine Pass Fire Station#4 (Dem) (Dem) 1
5030 S. Gulfway Drive Doris Eldridge Jeanette LaBove
Port Arthur, TX P.O. Box 72 7518 Backridge Rd
971-2421 Sabine Pass, TX 77655 Sabine Pass, TX 77655
971-2546
33 Stephen F.Austin High School (Dem) (Rep) 4
2441 -61 st Street Katie Jeter Edelmiro Aceveda
Port Arthur, TX 77640 2330 Shirley St. 801 Trinity Ave.
736-1521 Port Arthur, TX 77640 Port Arthur, TX 77642
736-2947 982-7260
34 Wheatley School (Dem) (Rep) 3
800 W. 53rd St. Audrey Prater Gilbert Getz
Port Arthur, TX 77640 1726 Beaumont Ave. 2214 Spurlock Rd
985-9101 Port Arthur, TX 77640 Nederland, TX 77627
985-8506 727-2102
594-4764
35/98/10 Full Gospel Christian Center (Rep) (Rep) 2
6 9401 Hwy. 69 Deborah Parker Janice Boden
Port Arthur, TX 77640 5135 Oriole Dr. 1110 Block St
724-1271 Beaumont, TX 77707 Port Neches,TX 77651
899-1231 344-1949