HomeMy WebLinkAboutPACKET FEB 14 1984 AGENDA
REGULAR SESSION OF THE CITY COUNCIL
FEBRUARY 14, 1984
CITY COUNCIL CHAMBERS
1:15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
1. An ordinance abandoning a portion of a utility easement in Lot 16,
Block 12, Delaware Place, Section II.
2. An ordinance abandoning 12th Street from Corley south to Terrell
Street and portions of Cartwright, Roberts and Terrell Streets.
3. An ordinance establishing speed limits on Dowlen Road, Sarah Street
and Eleventh Street.
4. An ordinance establishing speed limits on U. S. Highway 90 (College
Street) .
5. An ordinance establishing speed limits on State Highway 105.
6. An ordinance establishing speed limits on FM 364 (Major Drive) .
7. An ordinance setting rates for Entex, Inc.
8. An ordinance adopting new food service regulations and a food manager's
certification program.
9. A resolution authorizing purchase of pit sand.
10. A resolution authorizing an amendment to the Walden Meadows Parti-
cipation agreement.
Other business.
Hear citizens.
Recess.
RECONVENE FOR WORK SESSION.
February 7, 1984
.. 1.
Council Letter 322
Honorable Mayor and
Members of City Council
Subject: Request to abandon a 1-foot portion of a 20-foot utility
easement in Lot 16 , Block 12 , Delaware Place , Section II
GENERAL INFORMATION
Applicant Carl Kohler
Stratus of Applicant engineer for owner, Bob Douds
Requested Action partial easement abandonment
Purpose of Request remove encroachment caused by
existing residence
Property Description south 1 foot of a 20-foot
utility easement on Lot 16 ,
Block 12 , Delaware Place,
Section II
Existing Zoning and Land Use RS (Residential Single Family) ,
single family residence
EXISTING UTILITIES
Sanitary sewer line in the center of easement.
ANALYSIS
All City departments and public utilities have submitted their
respective approval.
PLANNING STAFF RECOMMENDATION
The staff recommends approval of the request.
PLANNING COPIMISSION RECOMMENDATION
The Planning Commission recommends approval of the request by a
vote of 5 to 0.
It is recommended that this ordinance be adopted.
�")
Karl Nollenberger
City Manager
• FILE 413-OB. REQUEST TO ABANDON
RTION OF A 20-FOOT GEN.
UTILTTY EASEMENT IN LOT 16, BLOCK
12 DELAWARE PLACE SEC. II
APPLICANT: KOHLER & KOHLER ENG.
Drainage Ditch No. 6 n
rMa
1/ 30
20' UTILITY ESMT subject
1' encroachment
lot 16
RESIDENCE
lot 15
lot 17
25` setback line \
4780
Littlefield St
lot 18
- lot20
lot 19
i�1O I
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A
1-FOOT PORTION OF A 20-FOOT UTILITY
EASEMENT IN LOT 16 , BLOCK 12,
DELAWARE PLACE, SECTION I I, BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
'CHAT A 1-foot portion of a 20-foot utility easement in Lot 16 ,
Block 12, Delaware Place, Section II, Beaumont, Jefferson County ,
Texas, as shown on the plat attached as Exhibit "A" be, and the
same are hereby , vacated and abandoned, and that title to such
property shall revert to and become the property of the persons
Entitled thereto, as provided by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
2.
February 7, 1984
Council Letter 321
Honorable Mayor and
Members of City Council
Subject: Request to abandon 12th Street from Corley Avenue south
to Terrell Street and portions of Cartwright, Roberts and
Terrell Streets.
GENERAL INFORMATION
Applicant Carl Kohler
Status of Applicant engineer for owner, M.L. Lefler
Requested Action abandonment of 12th Street from
Corley south to Terrell and
portions of Cartwright, Roberts ,
and Terrell Streets
Purpose of Request consolidate abutting properties
for pending commercial develop-
ment
Property Description 12th Street from Corley south
to Terrell; Cartwright from
I-10 east for 900 feet; Terrell
from I-10 east to 12th Street;
Roberts from I-10 east for 1275
feet
Existing Zoning and Land Use LI (Light Industrial) , vacant
EXISTING UTILITIES
E 02 applicant' s engineer will meet with Water Utilities to determine
ter and sanitary sewer service for future development.
ANALYSIS
E reL City departments and public utilities have submitted their
;pective approval.
PLANNING STAFF RECOMMENDATION
[ ThE! staff recommends approval of the request.
Page 2
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 5 to 0.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
cc : Sherell Cockrell, Planning Director
.a, I f IiLAMcNr I =► FILLEI414-OB. REQUEST TO ABANDON
F TERRELL ST. , 12TH ST.
WE, ROBERTS ST. , CARTWRIGHT ST. TO
CORLEY ST.
x ;
® Z APPLICANT: CARL W. KOHLER
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ORDINANCE NO.
ENTITLED AN ORDINANCE VACATING AND
ABANDONING 12TH STREET FROM CORLEY
AVENUE SOUTH TO TERRELL STREET AND
PORTIONS OF CARTWRIGHT, ROBERTS AND
TERRELL STREETS, BEAUMONT, JEFFERSON
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT 12th Street from Corley Avenue south to Terrell Street and
portions of Cartwright, Roberts and Terrell Streets, as shown on
Exhibit "A" attached hereto and made a part hereof, be,
and the same is hereby , vacated and abandoned, subject to retention
of the entire property herein described as a general utility
easement, and that, subject to such easement, title to such property
shall revert to and become the property of the persons entitled
thereto, as provided by law.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
t:he day of 19
- Mayor -
3.
February 10, 1984
Council Letter 317
Honorable Mayor and
Members of City Council
Subject: Speed Limits on Dowlen Road, Sarah Street and Eleventh Street
Construction of Dowlen Road from Calder to College, and Sarah from Fatima
to Fannett was recently completed. Speed studies indicate that a 35 mph
speed limit be established on both roadways. The new speed limit on Dowlen
Road will be consistent with the existing 35 mph speed limit north of Calder.
The proposed speed limit on Sarah would begin 200 feet west of the center-
line of Fatima and continue to the centerline of Fannett. Speed studies
also indicate that the 40 mph speed limit on Eleventh from Edmonds to Fan-
nett should be lowered to 35 mph.
The proposed ordinance amendment will establish a 35 mph speed limit on
Dowlen Road and Sarah Street and lower the speed limit on Eleventh Street
to 35 mph. The exact limits of each proposed speed zone are as follows:
Direction Speed Present
'Street Limits of Travel (mph) Speed
Eleventh From a point 485 feet south of the
centerline of College Street North
(U.S. 90) to a point 150 feet south and
of the centerline of Edmonds South 40 40
From a point 150 feet south of the North
centerline of Edmonds to the center- and
line of Fannett Road South 35 40
Dowlen From a point 2,090 feet west of the
centerline of Crow Road to a point North
560 feet north of the centerline of and
Gladys South 45 45
From a point 560 feet north of the
centerline of Gladys to a point 150 North
feet north of the centerline of and
College South 35 35
Sarah From the centerline of Fannett Road East
to a point 200 feet west of the center- and
line of Fatima West 35 N/A
It is recommended that the speed limits on Dowlen, Eleventh and Sarah be ad-
justed as recommended above.
Karl Nollenberger
City Manager
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26 ,
SECTION 26-23 OF THE CODE OF' ORDINANCES OF
THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM
SPEED LIMITS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 26, Section 26-23 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby amended to read
as follows:
c;ection 26-23: Maximums and minimums established in certain zones.
Schedule of streets. It is hereby determined
upon the basis of an engineering and traffic
investigation that the speed permitted by
state law upon the
po streets
or portions thereof
described in the schedule below is greater in
some cases and less in some cases than is
reasonable or safe under the conditions found
to exist upon such streets or portions
thereof , and it is hereby declared that the
prima facie speed limit upon those streets or
portions thereof described in the schedule
below shall be as therein stated, when signs
are erected giving notice thereof.
SCHEDULE
In accordance with this section, and when
signs are erected giving notice thereof , the
prima facie speed limit shall be as set forth
in this schedule, at all times, upon those
streets or portions thereof specified herein:
Direction Speed In
of Miles
Street
Limits of Zones Travel Per Hour
Eleventh Street d) From a point 485 feet south North 40
of the centerline of College &
Street (U.S. 90) to a point South
150 feet south of the
centerline of Edmonds.
Direction Speed In
of Miles
Street Limits of Zones Travel Per Hour
e) From a point 150 feet south North 35
of the centerline of Edmonds &
to the centerline of Fannett South
Road.
Dowlen Road a) From a point 150 feet west North 40
of the centerline of Eastex &
West Frontage Road to a South
point 2, 090 feet west of the
centerline of Crow Road.
b) From a point 2 , 030 feet west North 45
of the centerline of Crow &
Road to a point 560 feet South
north of the centerline of
Gladys .
c) From a point 560 .feet north North 35
of the centerline of Gladys &
to a point 150 feet north of South
the centerline of College.
Sarah Street a) From the centerline of East 35
Fannett Road to a point 200 &
feet west of the centerline West
of Fatima.
Section 2.
That if any section, subsection, sentence, clause or
;phrase of this ordinance, or the application of same to a parti-
cular 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
ta be severable.
Section 3.
That all ordinance:, or :)arts of ordinances in con�lict
herewith are repealed to the extent of tr.e conflict only .
- 2 -
Section 4 .
That any person who violates any provision of this
ordinance shall, upon conv'_ction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumon&L, Texas .
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984 .
- Mayor -
3 -
NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAP ER 26 ,
SECTION 26-23 OF THE CODE OF' ORDIN CES OF
THE CITY OF BEAUMONT TO ESTABLISH AXIMUM
SPEED LIMITS; PROVIDING FOR SEVE BILITY;
PROVIDING FOR REPEAL AND PROVIDI G A
PENALTY.
BE IT ORDAINED BY THE CITY OF/BEAUMONT:
r
Section 1 . �f
That Chapter 26, Section 26-2 I f the Code of Ordinances
of the City of Beaumont be, and the s*e is hereby amended to read
as follows:
Section 26-23: Maximums
_ _ and minimums established in certain zones.
Schedule of streets. It is hereby determined
upon the basis of an ring and traffic
investigation that the speed permitted by
state law upon the speed
or portions thereof
described in the sch�dule below is greater in
some cases and less in some cases than is
reasonable or safeinder the conditions found
to exist upon such; streets or portions
thereof , and it i hereby declared that the
prima facie spee limit upon those streets or
portions thereof described in the schedule
below shall be s therein stated, when signs
are erected giying notice thereof.
i
SCHEDULE
In accordan e with this section, and when
signs are eJ ected giving notice thereof, the
prima facie speed limit shall be as set forth
in this sq'hedule, at all times, upon those
streets off portions thereof specified herein:
r' Direction Speed In
Street / of Miles
Limits of Zones of
Per Hour
Eleventh Street a) From a point 485 feet south North
of the centerline of College & 40
Street ( U. S. 90) to a point South
150 feet south of the
centerline of Edmonds.
Direction Speed In
Street of miles
Limits of Zones Travel Per Hour
b) From a point 150 feet south North 35
of the centerline of Edmonds &
to the centerline of Fannett South
road.
Dowlen Road c) From a point 2 ,090 feet west North
of the centerline of Crow 45
Road to a point 560 feet &
north of the centerline of South
Gladys.
d) From a point 560 feet north North 35
of the centerline of Gladys &
to a point 150 feet north of South
the centerline of College.
Sarah Street e) From the centerline of
East
Fannett Road to a point 200 &
feet west of the centerline West 35
of Fatima.
Section 2 .
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of
persons or circumstances, should for any reason be held to be
invalid, such invalidity shall not affect the remaining portions of
this ordinance, and to such end the various portions and provisions
Of this ordinance are declared to be severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
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.
- 2 -
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
- Mayor -
I
- 3 -
4.
February 10, 1984
Council Letter 318
Honorable Mayor and
Members of City Council
Subject: Speed Limits on U.S. Highway 90 (College Street)
The State Department of Highways and Public Transportation recently conducted
a speed study on U.S. 90 (College) from IH-10 to the west City limits. They
are recommending that the posted speed limits be revised downward due to the
high accident occurrence. The state will install and maintain all required
speed limit and related signs. We concur with the State's recommendation
and are requesting that the speed zone ordinance be amended as described be-
low:
Direction Speed Present
Street Limits
of Travel (mph)_ Speed
College (a) From a point 90 feet east of the
(U.S. centerline of the Santa Fe Railroad East
Hwy 90) tracks to the centerline of 23rd and
Street West 35 35
(b) From a point 340 feet west of the
centerline of 23rd Street to a East
point 450 feet west of the center- and
line of Langham Road West 40 50
(c) From a point 450 feet west of the
centerline of Langham Road to a East
point 300 feet west of the center- and
line of Wooten Road West 45 50
(d) From a point 400 feet west of the East
centerline of Wooten Road to the and
west City limits West 55 55
It is recommended that the speed limits on College be adjusted as presented
above.
f,�k- t�,,Cc
Karl Nollenberger
City Manager
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26 ,
SECTION 26-23 OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM
AND MINIMUM SPEED LIMITS; PROVIDING FOR
SEVE RABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 26, Section 26-23 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby amended to read
as follows:
Section 26-23: Maximums and minimums established in certain zones.
Schedule of streets. It is hereby determined
upon the basis of an engineering and traffic
investigation that the speed permitted by
state law upon the streets or portions thereof
described in the schedule below is greater in
some cases and less in some cases than is
reasonable or safe under the conditions found
to exist upon such streets or portions
thereof , and it is hereby declared that the
prima facie speed limit upon those streets or
portions thereof described in the schedule
below shall be as therein stated, when signs
are erected giving notice thereof.
SCHEDULE
In accordance with this section, and when
signs are erected giving notice thereof, the
prima facie speed limit shall be as set forth
in this schedule, at all times, upon those
streets or portions thereof specified herein:
Direction Speed In
Street of Miles
Limits of Zones of
Per Hour
College Street a) From a point 90 feet east of East 35
( U.S . Hwy 90) the centerline of the Santa &
Fe Railroad tracks to the West
centerline of 23rd Street.
Direction Speed In
Street of Miles
Limits of Zones Travel Per Hour
b) From a point 340 feet west East 40
of the centerline of 23rd &
Street to a point 450 feet West
west of Langham Road.
c) From a point 450 feet west East 45
of Langham Road to a point &
300 feet west of Wooten West
Road.
d) From a point 300 feet west East 55
of the centerline of Wooten &
Road to the west city limits. West
Section 2.
That it 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 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
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
day of 19
-
2 Mayor -
- -
5.
February 10, 1984
Council Letter 316
Honorable Mayor and
Members of City Council
Subject: Speed Limits on State Highway 105
The State Department of Highways and Public Transportation has received
several requests for a speed study on State Highway 105. They have com-
pleted their study and are recommending that the speed limit be lowered
between Eastex west service road and FM 364. The State's basis for lower-
ing the speed limit is the high accident occurrence. Accidents have in-
creased 59 percent from 1980, and 51 percent of the accidents involved
bodily injury. In addition, a recent traffic count indicates a 24-hour
volume of 16,000 vehicles, or a 37 percent increase from 1980. The State
will install and maintain all required speed limit and related signs. We
concur with the State's recommendation and are requesting that the speed
limit ordinance be amended as described below:
Speed in
Direction Miles Per Present
Street Limits of Zones of Travel Hour Speed
State (a) From the centerline of
Highway 105 U.S. 69 to a point 148 East
(Sour Lake) feet west of the center- and
line of E. Major Drive West 45 45/50
(b) From a point 148 feet
west of the centerline of
E. Major Drive to a point East
292 feet west of the center- and
line of FM 364 (Major Dr. ) West 50 50/55
(c) From a point 292 feet west
of the centerline of FM 364 East
(Major Dr. ) to the west and
City limits West 55 55
It is recommended that the speed limits on State Highway 105 be adjusted as
Shown above.
C�
Karl Nollenberger
City Manager
A
/r a^7 rZ�1eo1`
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26 ,
SECTION 26-23 OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM
SPEED LIMITS; PROVIDING FOR SEVERABILITY ;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 26 , Section 26-23 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby amended to read
as follows:
Section 26-23: Maximums and minimums established in certain zones.
Schedule of streets. It is hereby determined
upon the basis of an engineering and traffic
investigation that the speed permitted by
state law upon the streets or portions thereof
described in the schedule below is greater in
some cases and less in some cases than is
reasonable or safe under the conditions found
to exist upon such streets or portions
thereof , and it is hereby declared that the
prima facie speed limit upon those streets or
portions thereof described in the schedule
below shall be as therein stated, when signs
are erected giving notice thereof.
SCHEDULE
In accordance with this section, and when
signs are erected giving notice thereof , the
prima facie speed limit shall be as set forth
in this schedule, at all times, upon those
streets or portions thereof specified herein:
Direction Speed In
of Miles
Street Limits of Zones Travel
_ Per Hour
State Highway a) From the centerline of U .S . East 45
105 ( Study: 69 to a point 148 feet west &
9/19/83) of the centerline of East West
Major Drive.
A «
Direction Speed In
Street of "Miles
Limits of Zones Travel Per Hour
b) From a point 148 feet west East 50
of the centerline of East &
Major Drive to a point 292 hest
feet west of the centerline
Of FM 364 ( Major Drive) .
C) From a point 292 feet west East 55
of the centerline of FM 364 &
(Major Drive) to the west West
city limits.
Section 2 .
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of
persons or circumstances, should for any reason be held to be
invalid, such invalidity shall not affect the remaining portions of
this ordinance, and to such end the various portions and provisions
of this ordinance are declared to be severable.
Section 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
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
day of 19
2
Mayor -
- -
6.
February 10, 1984
Council Letter 323
Honorable Mayor and
Members of City Council
Subject: Speed Limits on FM 364 (Major Drive)
The City of Beaumont recently requested that the State Department of Highways
and Public Transportation conduct a speed study on FM 364 (Major Drive) . This
study was requested due to the increase in residential and commercial develop-
ment along FM 364. The State has conducted their study and are recommending
that the speed limits on some sections be lowered. The State will install and
maintain all required speed limit and related signs. We concur with the
State's recommendation and are requesting that the speed zone ordinance be
amended as described below:
Direction Speed Present
Street Limits of Travel (mph) _S peed
Major Dr. (a) From the centerline of Tram Road to North
(FM 364) a point 160 feet north of the center and
line of Dishman Road South 55 55
(b) From a point 160 feet north of the
centerline of Dishman Road to a point North
200 feet north of the centerline of and
Manion Drive South 45 45/55
(c) From a point 200 feet north of the
centerline of Manion Drive to a point North
265 feet north of the centerline of and
Brighton Street South 35 35/50
(d) From a point 265 feet north of the
centerline of Brighton Street to a North
point 300 feet south of the center- and
line of Washington Blvd. South 45 50
(e) From a point 300 feet south of the
centerline of Washington Blvd. to a
point 538 feet north of the center- North
line of IH-10 west entrance and exit and
ramps South 55 55
(f) From a point 538 feet north of the
centerline of IH-10 west entrance North
and exit ramps to the centerline of and
State Highway 124 (Fannett Road) South 45 55
It is recommended that the speed limits�be!adjusted as shown above.
Karl Nollenberger�
City Manager
Sao 6
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26 ,
SECTION 26-23 OF THE CODE OF ORDINANCES OF
THE CITY OF BEAUMONT TO ESTABLISH MAXIMUM
SPEED LIMITS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 26 , Section 26-23 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby amended to read
as follows:
Section 26-23: Maximums and minimums established in certain zones.
Schedule of streets. It is hereby determined
upon the basis of an engineering and traffic
investigation that the speed permitted by
state law upon the streets or portions thereof
described in the schedule below is greater in
some cases and less in some cases than is
reasonable or safe under the conditions found
to exist upon such streets or portions
thereof, and it is hereby declared that the
prima facie speed limit upon those streets or
portions thereof described in the schedule
below shall be as therein stated, when signs
are erected giving notice thereof.
SCHEDULE
In accordance with this section, and when
signs are erected giving notice thereof , the
prima facie speed limit shall be as set forth
in this schedule, at all times, upon those
streets or portions thereof specified herein:
Direction Speed In
Street Limits of Zones of Miles
_Travel Per Hour
Major Drive a) From the centerline of Tram North 55
( FM 364) Road to a point 160 feet north &
( Study: 6/10/82) of the centerline of Dishman South
Road.
I
Direction Speed In
of Ali 1 e s
Street Limits of Zones Travel Per Hour
b) From a point 160 feet north North 45
of the centerline of Dishman &
Road to a point 200 feet South
north of the centerline of
Manion Drive.
c) From a point 200 feet north North 35
of the centerline of Manion &
Drive to a point 265 feet South
north of the centerline of
brighton Street.
d) From a point 265 feet north North 45
of the centerline of &
Brighton Street to a point South
300 feet south of the center-
line of Washington Blvd.
e) From a point 300 feet south North 55
of the centerline of &
Washington Blvd. to a point South
538 feet north of the center-
line of IH-10 west entrance
and exit ramps.
f) From a point 538 feet north North 45
of the centerline of IH-10 &
west entrance and exit ramps South
to the centerline of S.H .
124 ( Fannett Road) .
Section 2.
That if any section, subsection, sentence, clause or phrase
of this ordinance, or the application of same to a particular set of
persons or circumstances, should for any reason be held to be
invalid, such invalidity shall not affect the remaining portions of
this ordinance, and to such end the various portions and provisions
of this ordinance are declared to be severable.
2 -
Section 3 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only .
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
__ day of 1984.
Mayor -
3 -
iirZZ
ORDINANCE NO.
ENTITLED AN ORDINANCE SETTING RESIDENTIAL
AND SMALL COMMERCIAL RATES FOR ENTER , INC. ;
PROVIDING FOR SEVERABILITY ; AND PROVIDING
FOR REPEAL.
WHEREAS, on December 5 , 1983, Entex, Inc. , filed an
application with the City of Beaumont for an increase in rates
for residential and small commercial customers; and,
WHEREAS, the rate increase proposed by Entex, Inc. ,
would provide additional annual revenue of approximately
$ 228 ,147.00 from the Beaumont Distribution System; and,
WHEREAS, the City has studied the proposed rate
increase; and,
WHEREAS, a public hearing has been conducted; and,
WHEREAS, the rates established herein will produce
;additional annual revenues for Entex, Inc. , from its Beaumont
Distribution System in the approximate amount of $216 ,992 .00 ;
NOW, THEREFORE, BE IT ORDAINED
BY THE CITY OF BEAUMONT:
Section 1 .
That Entex, Inc. , is hereby authorized to place into
effect within the Beaumont Distribution System the rate
schedules attached hereto labeled Exhibit "A" and Exhibit "B" .
Section 2 .
That if any section, subsection, sentence, clause or
, phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid , such invalidity shall not affect the
remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are delcared to be
severable.
Section 3 .
All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 19
Mayor -
2 -
8.
February 10, 1984
Council Letter 326
Honorable Mayor and
(Members of City Council
Subject: Adopting 1976 Rules on Food Service Sanitation
'The City of Beaumont currently operates under a food service sanitation
ordinance which was drafted in 1962 and was adopted by the City in 1972.
We are proposing the adoption of an updated food code; specifically, the 1976
;State Rules on Food Service Sanitation. We propose that these rules be
adopted by reference with some modifications to meet specific needs of our
City. This code has been designed to insure that sanitary food is served in
Mood service establishments. It incorporates new technical knowledge and re-
cognizes the changes which have taken place in methods of food preparation
and service.
This proposed ordinance amends the definition of food service establishments
to specifically exempt non-profit organizations which are preparing and/or
serving only non-potentially hazardous baked goods. It includes a new defi-
nition for adulterated food, potentially hazardous food, regulatory authority,
and special event food service establishments. The existing grading and
placarding system is modified by the proposed code. In place of the current
system of Grade A, B, or C will be a system whereby the establishment will
receive a placard stating that the sanitary conditions of the establishment
are either an "average rating" or an "above average rating" . This ordinance
adopts by reference the Texas Department of Health Division of Food and
Drugs, "Food Service Establishment Inspection Report Form". This form is
based on a one hundred point demerit system instead of the 298 point system
that is now used. The adoption of this inspection form will make possible
the standardization of inspections. Traditionally, food establishment in-
spections have tended to be too subjective. The use of this form should help
to correct this problem.
Some of the changes in the proposed ordinance from the existing code include
a requirement that food establishments contact the regulatory authority in
the event of an emergency occurence such as a flood, fire, or power outage
which could result in the contamination of food or which could prevent food
from being maintained at proper temperatures. It also requires preoperational
inspections by the regulatory authority for all new facilities. The proposed
code provides that foods which are unsound or contain any filthy, decomposed,
or putrid substance or are otherwise unsafe may be condemned by the regulatory
authority.
Council Letter 326
February 10, 1984
Page 2
Another change in the proposed ordinance includes specific requirements for
mobile food units. It also requires increased lighting in the working areas
of food establishments and protective light shields over artificial lighting
fixtures which are located in areas where food is prepared or stored.
The proposed code specifically prohibits the installation of grease traps in
food preparation and utensil washing areas. It also prohibits the reuse of
soiled tableware by self-service customers. The storage of food and equip-
ment in restrooms is prohibited. Personal medications are prohibited from
being stored in food storage, preparation, or service areas. The code pro-
vides that poisonous or toxic materials must be stored and located to be
physically separated from each other and from food and equipment. This code
prohibits the use of steam tables, warmers, or similar hot food holding faci-
lities for the rapid reheating of potentially hazardous foods.
Another change from the existing code includes new temperature requirements
-for reheating potentially hazardous foods . A test kit is required when
chemicals are used for manual sanitizing of utensils and equipment. The pro-
posed ordinance also provides specific requirements for dishwashing machines
which use chemicals for sanitization.
There are numerous other technical changes incorporated in this code which re-
flect the changes which have taken place in the food industry, such as the
recognition of the use of microwave ovens.
A new requirement will be the implementation of a certification and training
requirement. The Health Department has proposed an educational approach to
upgrading the food service industry as a complementary program to its licensing,
inspection, and enforcement efforts. This program would require each food
service establishment to have at least one management staff member trained in
a 15-hour course of study specified by the federal government. The Health
Department, Lamar University, the Texas Restaurant Association, and other
organizations would provide the training. The Health Department would ad-
minister an examination and issue a certificate good for three years for
those who successfully complete the course of study. It is expected that this
requirement will go a long way toward educating workers in the food service
industry as to proper sanitation techniques and requirements of the City's
food service code and state law. The responsibility would be on the certified
manager of the establishment to keep the workforce trained and educated.
This provision would specifically exempt non-profit organizations, establish-
ments providing only beverages or pre-packaged foods, temporary or special
event food service establishments, and mobile food units. It provides for
Council Letter 326
February 10, 1984
Page 3
reciprocity for managers trained in approved programs anywhere in the nation.
Convenience stores which prepare and serve food items, movie theaters, and
other such operations would be included in the requirement.
We are also correcting an oversight made with a recent amendment providing
50 percent fee reductions for non-profit organizations primarily serving youth
or senior citizens. Council earlier this year established a specific permit
fee for schools at $50 per school cafeteria. Because schools were not
exempted under the amendment, they were inadvertently included.
This new code would also adopt the State Health Department's 1978 model
vending ordinance. The City currently operates under a 1965 ordinance.
The Health Department has met with a committee representing the local chapter
of the Restaurant Association and has received their support of this pro-
posal .
Sound and updated regulations are essential for an effective food protection
program. We feel that this proposed code will enable the City to develop a
more effective sanitation program and to maintain a higher level of food pro-
tection in food-service operations.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
�f "4 -1m-
a
DRAFT 1-27-84
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 11 OF
THE CODE OF ORDINANCES OF THE CITY OF
BEAUMONT, TEXAS; PROVIDING FOR HEALTH
REGULATIONS; PROVIDING FOR SPECIAL EVENT FOOD
SERVICE ESTABLISHMENTS; AMENDING DEFINITIONS;
PROVIDING AN EFFECTIVE DATE; PROVIDING FOR
FEES; PROVIDING FOR SEVERABILITY ; PROVIDING
FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
That Chapter 11 , Section 11-1 of the Code of the
Ordinances of the City of Beaumont be, and the same is hereby ,
amended to read as follows:
Section 11-1
The definitions, the inspection of food service
establishments; issuance, suspension and revocation of permits to
operate food service establishments; the prohibition of the sale of
adulterated or misbranded food or drinks; and the enforcement of
this chapter shall be regulated in accordance with the Texas
Department of Health, Division of Food and Drugs , "Rules on Food
Service Sanitation" , a copy of which shall be on file in the office
of the City Clerk; provided, however, that the words "municipality
of It in said rules on food service sanitation
shall be understood to refer to the City of Beaumont and the words
"'regulatory authority" shall be understood to refer to the Health
Department of the City of Beaumont. Provided further that the
" Rules on Food Service Sanitation" adopted herein are amended by
Section 11-1 . 1 hereof.
Section 2 .
That Chapter 11 , Section 11-1 . 1 of the Code of Ordinances
be, and the same is hereby , amended to read as follows:
Section 11-1 . 1
The Texas Department of Health, Division of Food and
Drugs "Rules on Food Service Sanitation" is hereby amended as
follows:
1 ) Section .002, "Definitions" is hereby amended by adding the
following definitions to read as follows:
Adulterated-Food. A food shall be deemed to be adulterated:
- if it bears or contains any poisonous or deleterious
substance which may render it injurious to health; but in
case the substance is not an added substance, such food
shall not be considered adulterated under this clause.
- if the quantity of such substance in such food does not
ordinarily render it injurious to health.
- if it bears or contains any added poisonous or added
deleterious substance ( except a pesticide chemical in or on
a raw agricultural commodity and except a food additive)
which is unsafe within the meaning of Section 13 of Article
4476-5 of the Civil Statutes of the State of Texas.
- if it is a raw agricultural commodity and it bears or
contains a pestsicide chemical which is unsafe within the
meaning of Section 13 of Article 4476-5 of the Civil
Statutes of the State of Texas.
- if it is, or it bears or contains, any food additive which
is unsafe within the meaning of Section 13 of Article
4476-5 of the Civil Statutes of the State of Texas;
provided, that where a pesticide chemical has been used in
or on a raw agricultural commodity in conformity with an
exemption granted or a tolerance prescribed under Section
13 of Article 4476-5 of the Civil Statutes of the State of
Texas and such raw agricultural commodity has been
subjected to processing such as canning, cooking, freezing,
dehydrating, or milling the residue of such pesticide
chemical remaining in or on such processed food shall,
notwithstanding the provisions of said Section 13 and this
clause not to be deemed unsafe if such residue in or on the
raw agricultural commodity has been removed to the extent
possible in good manufacturing practice, and the
concentration of such residue in the processed food, when
ready to eat, is not greater than the tolerance prescribed
for the raw agricultural commodity.
- if it consists in whole or in part of a diseased,
contaminated, filthy, putrid or decomposed substance, or if
it is otherwise unfit for foods .
- if it has been produced, prepared, packed or held under
unsanitary conditions whereby it may have become
contaminated, or whereby it may have been rendered
injurious to health.
- if it is the product of a diseased animal or an animal
which has died otherwise than slaughtered, or that has been
fed upon the uncooked offal from a slaughterhouse.
2 -
- if its container is composed, in whole or in part, of any
poisonous or deleterious substance which may render the
contents injurious to health.
- if any valuable constituent has been in whole or in part
omitted or abstracted therefrom.
- if any substance has been substituted wholly or in part for
any valuable constituent.
- if damage or inferiority has been concealed in any manner.
- if any substance has been added thereto or mixed or packed
therewith so as to increase its bulk or weight, or reduce
its quality or strength or make it appear better or of
greater value than it is.
- if it contains saccharin, dulcin, glucin, or other sugar
substitutes except in dietary foods, and when so used shall
be declared.
- if it be fresh meat and it contains any chemical substance
containing sulphites, sulphur dioxide, or any other
chemical preservation which is not approved by the United
States Bureau of Animal Industry or the state commissioner
of health.
- if it is confectionery and it bears or contains any alcohol
or non-nutritive article or substance except harmless
coloring, harmless flavoring, harmless resinous glaze not
in excess of four-tenths of one per centum, harmless
natural gum, and pectin; provided; that this paragraph
shall not apply to any confectionery by reason of its
containing less than one-half of one per centum by volume
of alcohol derived solely from the use of flavoring
extracts, or to any chewing gum by reason of its containing
harmless nonnutritive masticatory substances.
- if it bears or contains a coal-tar color other than one
certified under authority of the Federal Act.
Approved. The term "approved" shall mean acceptable to the
regulatory authority based on his/her determination as to
conformance with appropriate standards and good public
health practice.
Caterer. The term "caterer" shall mean a food service
establishment where food is completely or partially
prepared for delivery to a single customer, i. e. , an
individual, partnership, corporation, association, or other
legal entity; and where this food is transported to the
customer at a separate location where it is meant to be
served and consumed.
3 -
Closed. The term "closed' shall mean without openings large
enough for the entrance of insects or other vermin.
Filth. The term "filth" shall mean dust, dirt, insect
excretions or secretions, insect body parts , rodent hairs
or excretions, feathers, or any foreign or injurious
contamination.
Garbage. The term "garbage" shall mean every accumulation of
animal, vegetable and other waste matter than attends the
preparation, handling, consumption, storage, or decay of
plant and animal matter, including meats, fish and
seafoods , birds , fruit, vegetable or dairy products and the
waste wrappers or containers thereof.
Misbranded. The term "misbranded" shall mean the presence of
any written, printed, or graphic matter upon or
accompanying food or containers of food, including signs or
placards displayed in relation to such products, which is
false or misleading or which violates any applicable
federal, state or local labeling requirements.
Potable Water. The term "potable water" shall mean water
from an approved source which has been determined by the
regulatory authority after appropriate testing as suitable
for human consumption.
Refuse. The term "refuse" shall mean all putrescible and
non-putrescible solid and semi-solid wastes, including
garbage, rubbish, and ashes.
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
( S ) food 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.
Transportation. The term "transportation" shall mean
movement of food within the food establishment or delivery
of food from that establishment to another place while
under the control of the person in charge of the
establishment.
_Wholesome . The term "wholesome" shall mean in sound
condition, clean, free from adulteration, and otherwise
suitable for use as human food.
2 . Section .002, " Definitions" is hereby amended by changing
the definitions of food service establishment and regulatory
authority to read as follows:
4 -
Food Service Establishment. Shall mean any place where food
is prepared for or served to the public, specifically
including, but not limited to, public or private
institutions which serve food to their residents, members,
patients or customers. The term includes any such place
regardless of whether consumption is on or off the premises
and regardless of whether there is a charge for the food.
This shall not include non-profit organizations which are
preparing and/or serving only baked goods which are not
potentially hazardous; e.g. , non cream-filled cakes,
cookies, etc. This term also does not include private
homes where food is prepared or served or individual family
or guest consumption, food vending machines, and supply
vehicles. 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 of Beaumont.
Regulatory Authority. The term "regulatory authority" shall
mean the State' s and/or the City of Beaumont' s Health
Department.
3 . Section . 007 , Sanitary Facilities and Controls , is hereby
changed to amend Subsection " ( C ) (4 ) " "Grease Traps" to read as
follows:
Subsection (C) (4 ) "Greastra s"
"If required, grease traps shall be located outside of
food preparation or utensil washing areas. "
4 . Section . 010, Temporary Food Service Establishments, is
hereby amended to change Subsections ( a) , ( b) (1 ) and to add a new
section ( 1 ) to read as follows:
Subsections ( a) , ( b) (1 ) , ( 1 )
a) General. All temporary food service establishments
including special event food service establishments shall
comply with all provisions of this ordinance which are
applicable to its operation. For special event food service
establishments the organization sponsoring the event is
responsible for all food operations within the event. The
regulatory authority may impose additional requirements to
protect against health hazards related to the conduct of the
temporary food service establishment, may prohibit the
sale/use of all potentially hazardous foods , and when no
health hazard will result, may waive or modify requirements
of this ordinance.
5 -
( b) ( 1 ) Restricted Establishments. These provisions are
applicable whenever a temporary food service establishment is
permitted to operate without complying with all the
requirements of this ordinance.
1) Unrestricted Establishments. For unrestricted
establishments, a temporary food service establishment shall
meet all the requirements of this ordinance as set forth in
Sections .002 through . 010 herein which are applicable to its
operation.
5 . Section .011, " Inspections and Enforcement" , is hereby
deleted and a new section .011 is hereby added to read as
follows:
0 . 11 Compliance Procedures.
A. Permits, Licenses, or Certificates.
1 ) It shall be unlawful for any person to operate a food
service establishment within the City of Beaumont, or its police
jurisdiction, who does not possess a valid permit, license, or
certificate issued to him/her by the regulatory authority. Only a
person who complies with the requirements of this ordinance shall
De entitled to receive or retain such a permit, license, or
certificate. Permits, licenses, or certificates shall not be
transferable from one person to another person or place. A valid
permit, license, or certificate shall be posted in every food
:service establishment. Permits, licenses, or certificates for
termporary food service establishments shall be issued for a
period of time not to exceed fourteen ( 14) days.
2 ) Issuance of permit, license, or certificate.
a) Any person desiring to operate a food service
establishment shall make written application for a permit,
license, or certificate 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 service 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, ana the type of food being prepared and sold or
distributed.
6 -
t ) Upon receipt of such an application, the regulatory
authority shall make an inspection of the proposed food service
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, license,
or certificate shall be issued to the applicant by the regulatory
authority.
3 ) Suspension of permit, license, or certificate.
a) Permit, license, or certificate may be suspended
temporarily by the regulatory authority for failure of the holder
to comply with the requirements of this ordinance. Whenever a
permit, license, or certificate holder or operator has failed to
comply with any notice issued under the provisions of Section . 011
of this ordinance, the permit, license, or certificate holder or
operator shall be notified in writing that the permit, license, or
certificate is upon service of the notice, immediately suspended
(or the establishment downgraded) , and that an opportunity for a
hearing - Y
ing will be provided if a written request for a hearing is
filed with the regulatory authority by the permit, license, or
certificate holder.
Notwithstanding the other provisions of this ordinance,
whenever the regulatory authority finds unsanitary or other
conditions in the operation of a food service establishment which,
in his/her judgment, constitutes an imminent health hazard ( such
as, but not limited to, complete lack of sanitization,
refrigeration, or sewage back-up into the establishment) , he/she
may without warning, notice, or hearing, issue a written notice to
the permit, license, or certificate 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, license, or certificate 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 health 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
dE�partment may result in the suspension of the permit issued to
the special event food service establishment.
7 _
b) Any person whose permit, license, or certificate has
been suspended for any reason other than for imminent health
hazaards may , at any time , make application for a reinspection for
the purpose or reinstatment of the permit, license, or
certificate. 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,
license, or certificate have been corrected, the regulatory
authority shall make a reinspection. If the applicant is
complying with the requirements of this ordinance, the permit,
.license, or certificate shall be reinstated. If no written
request for hearing is filed within ten ( 10) days, the suspension
is sustained.
4 ) Revocation of permit, license, or certificate.
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,
license, or certificate 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, license, or certificate holder in writing,
stating the reasons for which the permit, license, or certificate
is subject to revocation and advising that the permit, license, or
certificate 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,
license, or certificate holder, within such a five ( 5 ) day period.
A permit, license, or certificate may be suspended for cause
pending its revocation or a hearing relative thereto. If no
request for hearing is filed within the five ( 5 ) day period, the
revocation of the permit, license, or certificate becomes final.
5 ) 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, license, or certificate holder.
A copy of such notice shall be filed with the records of the
regulatory authority.
6 ) 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
8 -
hearing. A written report of the hearing decision shall be
furnished to the permit, license, or certificate holder by the
regulatory authority.
7) Application after revocation.
Whenever a revocation of a permit, license, or
certificate has become final, the holder of the revoked permit,
license, or certificate may make written application for a new
permit, license, or certificate.
B . Inspection of Food Service Establishemnts.
1 ) Inspection frequency.
At least once every six ( 6 ) months, the regulatory
authority shall inspect each food service establishment located
1�he municipality of in or its police Jurisdiction, and shall conduct as many additional inspections and
reinspections as are necessary for the enforcement of this
ordinance.
2 ) Access.
Agents of the regulatory authority, after proper
identification, shall be permitted to enter, at any reasonable
time, any food service establishment within the municipality of
or its police jurisdiction, for the purpose of
conducting inspections to determine compliance with this
ordinance. The agents shall be permitted to examine the records
of the establishments to obtain information pertaining to food and
supplies purchased, received, or used, or to persons employed.
3 ) Report of inspections.
Whenever agents of the regulatory authority conduct an
inspection of a food service establishment, the findings shall be
recorded on the inspection report form set out in paragraph ( 6 ) of
subsection ( B) of this section. The original of the inspection
report form shall be furnished to the permit, license, certificate
holder, operator, or person in charge at the completion of the
inspection and constitutes a written notice. The inspection
report form shall summarize the requirements of Sections .003
through . 010 of this ordinance, and shall set forth a weighted
point value for each requirement. The rating score of the
establishment shall be the total of the weighted point value for
all violations, subtracted from one hundred ( 100) . The completed
inspection report form is a public disclosure to any person who
rE!quests it according to law .
- 9 -
4 ) Correction of violations.
Whenever an agent of the regulatory authority conducts
an inspection of a food service establishment and finds that any
of the requirements of Sections .003 through . 010 of this
ordinance have been violated, he/she shall notify the permit,
license, or certificate holder, operator, or person in charge of
such violations by means of an inspection report form or other
written notice. In such notification, the regulatory authority
shall:
a) Set forth the specific violations found, together
with the rating score of the establishment.
b) Specify a reasonable period of time for the
correction of the violations found and correction of the
violations shall be accomplished within the following
provisions:
1 ) If an imminent health hazard exists, such as, bu t
not limited to, complete lack of sanitization,
refrigeration, or sewage backup
, 9 into the
P food service
establishment, the establishment shall immediately cease
food service operations. Operations shall not be
resumed until authorized by the regulatory authority.
2 ) All violations of 4- or 5- point weighted items
shall be corrected within a time period specified by the
regulatory authority , but in any event, not to exceed
ten ( 10) days.
3 ) When the rating score of the establishment is
seventy ( 70) or more, all 1- or 2- point weighted items
shall be corrected as soon as possible, but in any
event, by the time of the next routine inspection; or,
4 ) When the rating score of the establishment is
between sixty ( 60) and sixty-nine (69) all 1- or 2-
point weighted items shall be corrected as soon as
Possible, but in any event, within a period of time not
to exceed thirty ( 30) days; or,
5 ) When the rating score of the establishment is
less than sixty ( 60) , the permit, license, or
certificate is immediately suspended.
6 ) In the case of temporary food service
establishments, all violations shall be corrected within
a specified period of time not to exceed twenty-four
( 24) hours. If violations are not corrected within the
specified time, the permit, license, or certificate is
immediately suspended and the establishment shall
10 -
immediately cease food service operations until
authorized to resume by the regulatory authority.
7 ) Whenever a food service establishment is required
under the provisions of this ordinance to cease
operations, it shall not resume operations until such
time as a reinspection determines that conditions
responsible for the requirement to cease operations no
longer exists. Opportunity for reinspection shall be
offered within a reasonable time.
C) State that failure to comply with any notice issued
in accordance with the provisions of this ordinance may
result in an immediate suspension of the permit, license, or
certificate (or, a downgrading of the establishment) .
d) State that an opportunity for appeal from any notice
or inspection findings will be provided if a written request
for a hearing is filed with the regulatory authority, within
the period of time established in the notice for correction.
5 ) Grading of food
service
establishments.
Every food service establishment in the municipality of
or its police jurisdiction, 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 shall not be subject to grading. Sanitary
conditions of establishments shall be as follows:
Above Average Rating. An establishment having a rating
score of seventy ( 70) or above.
Average Rating. An establishment having a rating
score of at least sixty ( 60) but
not more than sixty-nine ( 69) .
Notwithstanding the sanitary condition criteria
established above, whenever a second consecutive violation of any
2•-, 4-, or 5- point weighted item is discovered, the permit may be
suspended (Subsection (A) ( 3 ) ( a) of Section .011) , or in lieu
thereof , the establishment may be downgraded to the next lower
sanitary condition. Immediately following each inspection, the
regulatory authority shall post the appropriate sanitary condition
based upon the inspection findings , and shall issue an
appropriate notice in accordance with Subsection (B) (3 ) of this
section. The permit, license, or certificate holder or operator
of: any food service establishment, the sanitary condition of which
has been lowered, may at any time request an inspection for the
purpose of regrading the establishment. Within twenty ( 20) days
- 11 -
following receipt of a request, including a signed statement that
the conditions responsible for the lowering of the grade have , in
the applicant' s opinion, been corrected, the regulatory agent
shall conduct an inspection, and thereafter as many additional
inspections as he/she may deem necessary to assure him/herself
that the applicant is complying with the higher sanitary condition
requirements; and, if the findings indicate compliance, shall
award the higher sanitary condition.
6 ) Inspection report form.
The City of Beaumont Health Department adopts by
reference the Texas Department of Health, Division of Food and
Drug , form entitled, "Food Service Establishment Inspection
Report" , described in Subsection ( B) ( 3 ) of this section, and
available in the Texas Department of Health, Food and Drug
Division office, 1100 West 49th Street, Austin, Texas, 78756.
C . 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 any applicable federal, state or
local law . The regulatory authority may, upon written notice to
the owner or person in charge of any food service establishment or
operation, place under detention food which he/she determines or
has probable cause to believe is in violation of federal, state
or local law . 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 therefore 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 operation 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
urnsalable as human food.
12 -
D. Review of Plans.
1 ) Submission of Plans.
Whenever a food service 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 service 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 ( D) ( 1 ) 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.
E . Procedure When Infection is Suspected.
When the regulatory authority has reasonable cause to suspect
the possibility of disease transmission from any food service
establishment or operation employee, he may secure morbidity
history of the suspected employee or make any other investigation
as may be indicated and shall take appropriate action. The
regulatory authority may require any or all of the following
measures:
1 ) The immediate exclusion of the employee from all food
service establishments or operations;
2 ) The immediate closing of the food service establishment
or operation concerned until , in the opinion of the health
authority , no further danger of disease outbreak exists;
3 ) Restriction of the employee' s services to some area of
the establishment or operation where there would be no danger of
transmitting disease;
4 ) Adequate medical and laboratory examination of the
employee or other employees and of his/her or their body
discharges.
- 13 -
Section 3 .
That Chapter 11 , Section 11-2 of the Code of Ordinances
of the City of Beaumont is hereby amended to read as follows:
section 11-2
The definitions, the requiring of permits for the
installation and operation of vending machines; the prohibition of
1�he 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
_
It 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.
Section 4 .
That Chapter 11 , Section 11-12 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby , amended to read
as follows:
Section 11-12
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.
14 -
Section 5 .
That Chapter 11 , Section 11-13 of the Code of Ordinances
of the City of Beaumont be, and the same is hereby , amended to
read as follows:
Section 11-13
a) There shall be two 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 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.
Section 6 .
That Chapter 11 , Section 11-63( b) of the Code of
Ordinances of the City of Beaumont is hereby amended to read as
follows:
15 -
Section 11-63( b)
Any person desiring to obtain a permit for a frozen
dairy food products plant the products of which are all
sold upon the premises at retail, shall make application
to the regulatory authority upon forms prescribed and
furnished by the regulatory authority and pay to the city
an inspection fee as established herein. Such permit
shall remain in force and effect until December 31 of the
calendar year in which issued. Thereafter, such permit
may be renewed for the period of January 1 to December 31
of each year upon the payment of the inspection fee.
Section 7 .
That Chapter 11 , Section 11-4( c ) of the Code of
,ordinances of the City of Beaumont is hereby amended to read as
follows:
Section 11-4( c)
Nonprofit organizations which are youth oriented or
elderly oriented shall pay a license fee which is fifty
percent ( 500 ) 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 percent ( 50)
of which are less than eighteen ( 18 ) years of age. The
term "elderly oriented" shall mean nonprofit
organizations which provide services to persons more than
fifty percent ( 50% ) of which 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.
Section 8 .
That Chapter 11 of the Code of Ordinances of the City of
Beaumont is hereby amended to add a new Article IV to read as
follows:
16 -
ARTICLE IV
FOOD SERVICE MANAGER' S CERTIFICATE
Section 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.
Section 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 of
Beaumont Food Service Sanitation Ordinance where food or drink is
manufactured, produced, processed, prepared, or otherwise
manipulated, within the City of Beaumont, Texas, 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.
Section 11-83. Exemption
Food manager certificates will not be required for the
following:
1 ) Food service establishments providing only beverages and
pre-packaged foods;
2 ) Non-profit organizations;
3 ) Food service establishments inspected at least once in
each week by state or federal food sanitation inspectors;
and, 4 ) Temporary or special event food service establishments;
17 -
5 ) Persons operating a mobile food unit or supplying food to
vending machines.
For the purposes of this article, a non-profit organization shall
mean an organization which has been granted an exemption or is
exempt from the payment of federal income taxes.
.Section 11-84. Issuance of Food Service Mana ers Certification
Certificate
A Food Service Manager' s Certificate shall be issued to any
person who submits the required issuance fee, and;
A. Completes a course of study or shows evidence of
completion of a course of study which meets the
requirements set forth in DHEW Publication ( FDA) 76-10oy
issued by the United States Food and Drug Administration
and achieves the required minimum score of 75 points out
of a possible 100 points on a written examination
administered or approved by the regulatory authority . An
applicant who fails to achieve a minimum score of 75 on
the written examination may repeat the examination with
or without repetition of the food sanitation course of
study; or,
B. Provides evidence of certification within the East three
( 3 ) years by an agency or organization who has on f ile
with the United States Food and Drug Administration a
"Statement of Intent for Reciprocity of Certified Food
Service Manager training and Food Protection" attested to
by an official of the United States Food and Drug
Admi nistration.
Section 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 ( B) . No
certificate shall be transferable from one person to another
person.
Section 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 ( 3 ) 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 ordinance.
18 -
Section 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 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 ordinance.
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 ( 10) day period.
C . The notice required by this ordinance 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 ordinance shall be
conducted by the regulatory authority at a time and place
designated by it. After completion of the hearing, the
officer designated by the regulatory authority to conduct
the hearing shall make written findings as to whether
- 19 -
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 certif icate.
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 manager' s certificates remain the property
of the City of Beaumont Health Department and must be
surrendered to the regulatory authority to be voided when
the permit has been revoked.
Section 11-88. Fees
The fee for issuance of a Food Service Manager' s Certificate
is Ten Dollars ( $10) .
The enrollment fee for the food service sanitation course of
:study provided by the regulatory authority shall be Fifty Dollars
( $50) and will not be refunded once the course has begun.
The fee for replacement of a valid and current certificate
which has been lost, stolen, or damaged shall be Five Dollars
( $5) .
All fees for issuance of certificates will be refunded in the
event that no certificate is issued.
Section 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.
20 -
Section 9 .
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 10.
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only .
Y
Section 11.
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.
Section 12.
Sections 1 through 6 of this ordinance shall be and
become effective from and after April 1 , 1984. Section 7 of this
ordinance shall be and become effective immediately upon passage.
Section 8 of this ordinance shall be and become effective January
1 , 1985.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
21 -
9.
February 10, 1984
Council Letter 319
Honorable Mayor and
Members of City Council
Subject: Purchase of Pit Sand
The City received bids on February 6, 1984, on a re-bid for a 6-month contract
for pit sand and clay to be used at the Pine Street landfill . The re-bid be-
came necessary when, on January lst, there was a new law on gross weight of
dump trucks on state highways. This law effectively cut the amount of
materials that could be loaded on a dump truck from 14 cubic yeards to 10
cubic yards. As the prior bids were based on a delivered basis to the land-
fill on a 14-cubic yard delivery, the vendors notified us that they would not
be able to honor that price. This seemed to be a reasonable request as the
cost of the materials would
remain the same but that cost would have to be
spread over a lower number of cubic yards. Vendors were asked to re-bid for
a 6-month contract. Bids received on 12,500 cubic yards of pit sand and clay
are as follows:
Rose City MEH Bmt. Sand
Sand Beeco Materials & Equipment
Pit Sand - FOB Pit $34,375.00 $21,875.00 $32,5 00.00 $31,250.00
Pit Sand - Delivered
Landfill 68,125.00 55,625.00 68,750.00 62,500.00
Clay - FOB Pit 34,375.00 21,875.00 32,500.00 31,250.00
Clay - Delivered
Landfill 68,125.00 55,625.00 68,750.00 62,500.00
Pit location: IH-10 E. 3.5 miles E. End of End of
Neches River Bigner Road Bigner Road
Vidor
The same vendor, Beeco, who was awarded the bid before the change in the law
Effecting gross weights in dump trucks, has again submitted the lowest and
best bid.
It is recommended that Council pass a resolution accepting the bid of Beeco
for a 6-month contract to supply sand and clay.
Karl Nollenberger
City Manager
r
R E S O L U T I O N
WHEREAS, bids were received for a 6 months contract for pit
sand and clay; and,
WHEREAS, Beeco of Rose City , Texas submitted the following
;D id:
Pit Sand - F .O. B. pit site $1 . 75/c.y.
Pit Sand - Delivered to landfill 4. 45/c .y.
Clay - F .O. B. pit site 1 . 75/c.y.
Clay - Delivered to landfill
4. 45/c. y.
a nd,
WHEREAS, the City Council is of the opinion that the bid
:submitted by Beeco is the lowest and best bid and should be
accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT :
THAT the bid of Beeco for a 6 months contract for pit sand and clay
in the amounts stated above be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984.
Mayor -
10.
February 10, 1984
Council Letter 325
Honorable Mayor and
Members of City Council
Subject: Walden Meadow Participation Project
On November 22, 1983, City Council adopted Resolution No. R-83-433, authoriz-
ing the execution of an agreement between the City of Beaumont and George A.
Dishman, developer; and an agreement between the City of Beaumont and Fittz
and Shipman for engineering services. These agreements are for the partici-
pation of the City in the paving of Walden Meadow Drive from Walden Road to
the north property line of the subdivision and for 36-inch storm sewer in
'lieu of 30-inch storm sewer along the north side of Walden Road between Wal-
den Meadow Drive and the Amelia Cut-off ditch at an estimated cost to the
City of $49,989.49, including engineering fees. The estimated cost of the
entire project was $128,190.00.
Following approval of an agreement by the City Council , additional costs for
storm sewer pipe were discovered. The review of final plans by the City in-
dicated that design parameters, related to the rate at which run off occurs,
would require revisions in order to assure proper drainage. It has been
determined that a 48-inch storm sewer pipe will be required to tie into the
outfall from the subdivision drainage system.
A revised cost estimate has been submitted by Fittz and Shipman, increasing
the City's estimated cost to $55,106.80, including engineer's fees, out of a
total project cost of $146,440.00. Funds are available from Street and
Drainage Participation line items to cover this additional expense.
It is recommended that a resolution be adopted allowing for the larger size
storm sewer pipe, thereby increasing the City's share by $5,117.31, for a
total estimated cost of $55,106.80, including engineering fees.
IIIf1f�1�1LL1T//���LL"" ��SI�LiNrk"��
Karl Nollenberger
City Manager
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Av'9L
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✓iG i�./i TY /l/IA� �/
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LOCATION MAP
SHOWING
STREET AND STORM SEWER IMPROVEMENTS
ON WALDEN MEADOW DRIVE
IN
WALDEN MEADOW SECTION ONE
A7
R E S O L U T I O N
WHEREAS, on November 22, 1983 , City Council adopted
Resolution No. R-83-433
authorizing z g the execution of an agreement
between the City of Beaumont and George A. Dishman, developer, and an
agreement between the City of Beaumont and Fittz and Shipman for
engineering services for participation by the city in the paving of
Walden Meadow Drive from Walden Road to the north property line of
the subdivision and for a 36 inch storm sewer in lieu of 30 inch
=storm sewer along the north side of Walden Road between Walden
Meadow Drive and the Amelia cutoff ditch; and,
WHEREAS, the estimated cost to the city including
engineering fees was $49,989. 49; and,
WHEREAS, the revised cost estimate submitted by Fittz and
Shipman is $55,106. 80 due to the determination that a 48 inch storm
sewer pipe will be required to tie into the outfall from the
subdivision drainage system;
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 an
amended agreement for such participation project increasing the
city' s share of the project by $5 ,117 . 31 .
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 19
Mayor -
I
CONSENT AGENDA
FEBRUARY 14, 1984
* Approval of Minutes.
a. A resolution accepting a 10-foot water line easement.
b. A resolution authorizing execution of an agreement for
parachuting activities at Beaumont Municipal Airport.
S
a•
February 10, 1984
Council Letter 320
Honorable Mayor and
Members of City Council
Subject: Water Line Easement
An 8-inch water line has been installed by Lamar University in the proposed
easement generally paralleling the east side of Spur 380 between Callaghan
and E. Lavaca, at no cost to the City. The line has been inspected and con-
nected by the City. Its purpose is to provide service and fire protection
'to the new Montagne Activities Center building under construction at the
north end of the existing football stadium site.
:[t is recommended that Council approve a resolution accepting a ten-foot
water line easement located as shown on the attached map.
Karl Nollenberger
City Manager
Attach.
NORTH
I R 8 Y
CASTON N 0
z 9lpryG /�O
L A M A R UNIVERSITY
DEWEY
J
'PROPOSED UTILITY EASEMENT
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E. VI RG INI
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SCALE: I"= 500•
NO
R E S O L U T 1-0 N
WHEREAS, Lamar University has tendered an easement to
the City of Beaumont, Jefferson County, Texas, for utility
purposes as described in Exhibit "A" attached hereto; and,
WHEREAS, the City Council has considered the purposes of
said easement and is of the opinion that the acceptance of said
easement for utility purposes is necessary and desirable and that
same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT said utility easement tendered by Lamar University to the
City of Beaumont be, and the same is hereby , in all things
accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
b.
February 10, 1984
Council Letter 315
Honorable Mayor and
Members of City Council
Subject: Parachuting Activities Agreement with Carl Neukirch, Sr.
Mr. Carl Neukirch, Sr. has requested permission to conduct parachuting
activities at Beaumont Municipal Airport. Mr. Neukirch previously (1981)
provided an aircraft for parachute jumping at Beaumont Municipal Airport
and has contacted the Urban Transportation Department requesting to con-
tinue these activities at the Airport.
The attached one-year agreement with Mr. Neukirch would allow him sponsor-
ship of such activities, provide for insurance and indemnification of the
City, provide a method for Mr. Neukirch to utilize and secure approval
from the City to perform parachuting activities, provide termination of
the agreement, and provide that Mr. Neukirch complies with all applicable
local , state and federal laws, ordinances and regulations. The agreement
would be executed upon commencement date at a payment of $25.00.
The Airport Advisory Committee met on February 1, 1984, reviewed the agree-
ment negotiations, and recommended that it be brought to City Council with
their approval . The Committee felt that execution of this agreement would
promote activities at the Airport and provide a variety of air activities
for the public.
It is recommended that Council approve a resolution authorizing the City
Manager to execute the attached agreement.
k2s
Karl Nollenberger
City Manager
Attach.
A-" f
R E S O L U T I O N
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 Carl Neukirch, Sr. , substantially in the form attached
hereto as Exhibit "A" , for parachuting activities at the Beaumont
Municipal Airport.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
_ day of 19
- Mayor -
SPECIALIZED AVIATION OPERATOR AGREEMENT
BETWEEN THE CITY OF BEAUMONT AND
Carl E_ Nankirch, sr
WHEREAS, Carl E. Neukirch, Sr. (hereafter referred to as
Lessee) would like to provide parachuting activities including train-
ing individuals for parachute jumping and providing aircraft for
parachute jumping at Beaumont Municipal Airport, and
WHEREAS, the City of Beaumont and Lessee desire to
formalize their arrangements for parachuting activities at Beaumont
Municipal Airport,
NOW, THEREFORE, THE CITY OF BEAUMONT and Lessee HEREBY
AGREE AS FOLLOWS:
1. That Lessee will be allowed to conduct and sponsor
parachuting activities at Beaumont Municipal Airport, and
2. That the conduct of all parachuting activities shall
be in accordance with written procedures and standards approved by
the Director of Urban Transportation.
3. That the City will not unreasonably deny any such a
request from Lessee, but will consider such factors as conflicting
activities at the Airport, other agreements for the use of airport
facilities, and other factors which relate to the Airport, and
4. That Lessee will obey all applicable Federal, State,
and local laws, ordinances, and regulations. Lessee further agrees
that he will not conduct parachuting activities at Beaumont Munici-
pal Airport unless the individual supervising the "drop zone" is a
Jumpmaster certified by the United States Parachute Association, and
5. - That Lessee will indemnify, defend, and hold harmless
the City of Beaumont, its officers, agents, and employees from any
and all liabilities, demands, actions, losses, damages and costs,
including all costs of defense thereof caused by or arising out of,
or any way related to Lessee's use or occupancy of the Beaumont
Municipal Airport during the term of this agreement, arising out
or, or in any way related to operations conducted by Lessee including
claims, liabilities and actions based upon acts, omissions, or
negligence of the City of Beaumont, its officers, agents, and em-
ployees. Upon demand Lessee shall, at his expense, defend the City
of Beaumont, its officers, agents, and employees, through counsel
acceptable to the City of Beaumont, against any and all liabilities,
claims, demands, actions, losses, damages and costs, and
6. That the City of Beaumont shall have the right to
terminate this agreement for cause. Notice of termination shall
be sufficient if mailed to the last known address of Lessee. That
the sponsor shall have the right to terminate this agreement if he
deems it in his best interest to do so. Notice of cancellation to
the City will be sufficient if mailed to: City of Beaumont, Transpor-
tation Department, P. O. Box 3827, Beaumont, Texas 77704.
7. That Lessee shall carry a minimum of $300,000 bodily
injury, $150,000 passenger liability, and $100,000 property damage
liability insurance. All policies shall name the City of Beaumont
as a named insured and shall contain a minimum of ten days notice
of cancellation clause. A copy of the insurance policy or certi-
ficate of insurance showing that said insurance is in force shall
be furnished to the City of Beaumont. That Lessee will not allow
aircraft other than those meeting the insurance requirements listed
above to be utilized for parachuting activities he sponsors unless
such aircraft shall first' be covered by the above insurance cover-
ages and limits for the duration of their use for parachuting acti-
vities at Beaumont Municipal Airport, and
I
8. That Lessee will insure proper cleanup of the area or
areas utilized at Beaumont Municipal Airport for parachuting acti-
vities upon the completion of each day of parachuting activities,
and
9. That Lessee will pay to the City, in return for the
right to conduct parachuting activities at Beaumont Municipal Air-
port, the sum of twenty-five dollars ($25.00) .
10. That this agreement shall commence upon the date of
its execution and payment.of $25.00 and shall be in effect for a
period of one year thereafter, and
11. That Lessee and the City of Beaumont agree that they
each will be bound by the terms and conditions as stated herein, and
12. That Lessees rights under this agreement are non-
transferable.
1984 Duly executed this day of
Karl Nollenberger, City Manager
�r
1
WORK SESSION AGENDA
FEBRUARY 14, 1984
CITY COUNCIL CHAMBERS
1. A Cleaner Community.
s '
WAS
February 10, 1984 1.
Council Letter 324
(Honorable Mayor and
Members of City Council
Subject: A Cleaner Community
Any viable community must continually strive to identify those areas which
are perceived as being deficient and in need of improvement in order to
achieve some measure of a higher quality of life.
Over the past several months, the Clean Community Commission, the Chamber of
Commerce's Clean Appearance Committee and the City Council have all taken
positions with respect to the broad issue of community appearance. The
Council , within their recent target-setting session in October, identified
community appearance, as well as issues of garbage and trash collection and
improvements in low income housing efforts, as priorities that needed ef-
forts.
In addition, a key and identified component of Economic Development, the
attraction of new industry, depends to a great degree on the manner in
which the community presents itself visually. This perception of "clean"
ties directly to an important priority of the Council . The close inter-
working required between the Chamber, the Commission, the staff and citizen
groups such as the Oaks Neighborhood Association have been and will continue
to be of real benefit in breaking down the inevitable barriers that seem
to proliferate between governmental units and the public.
From the staff perspective, several problem areas in vegetation control
and garbage and trash collection had been identified last summer and con-
siderable effort had already gone into resolving inter-departmental mis-
understandings, definitional problems and lack of suitable equipment re-
quired to perform the necessary tasks. Within these discussions, it became
apparent that the entire spectrum involving enforcement activities, abate-
ment procedures and collection practices needed to be analyzed with the
objective of insuring that maximum efficiencies were present in our service
delivery efforts.
Accordingly, as a first step, we have been reviewing our existing organi-
zational framework and are recommending certain changes which would con-
solidate activities in departments that are consistent with their primary
function.
Council Letter 32:4
February 10, 1984
Page 2
These recommended changes within and between the Health Department, Building
Maintenance, Code Enforcement, Urban Transportation, Parks and Recreation
and the Housing Rehabilitation Program, under CDBG, are intended to achieve
the following objectives:
1. Improved coordination of the service delivery system.
2. Provide for better accountability to management for
assigned responsibilities.
3. Provide for easier access for citizens who call to
report problems. It would eliminate any need for com-
munications with different departments.
4. Elimination of overlapping functions and responsibilities
among various departments to provide increased coordina-
tion and efficiency.
Y
5. Clarification of citizen and city government responsibi-
lities.
6. Achievement of a complete visually pleasing effect in
areas designated for City maintenance.
These organizational adjustments will be accomplished with an overall net re-
duction of one position in the FY 84 budget.
We have proposed our consolidation of functions and reorganization of activi-
ties within the following target areas: weed abatement and litter control ,
code enforcement, housing activities and trash and garbage collection. Each
of these areas required certain specific changes in programs or a shift in
emphasis within existing programs.
Weed Abatement and Litter Control - In order to improve our service delivery
capabilities in this area, we propose that all actual mowing activities in
the City now split between Urban Transportation, Code Enforcement and Parks
and Recreation be consolidated within the Parks and Recreation Department.
It is felt that this action will allow improved scheduling of mowing and in-
creased accountability within the organization. Personnel and equipment
currently committed to these activities in Urban Transportation and Code En-
forcement will be transferred by budget amendment to Parks. It should be
pointed out that, while we have identified some 57 miles of principal
streets that will require mowing and litter removal , it will not be pos-
sible in this first year to completely address this issue inasmuch as we
have available only some $20,000 to be utilized for part-time personnel
Council Letter 324
February 10, 1984
Page 3
for litter pickup. We will use this summer's experience to better asses our
requirements in this important area. The funds proposed for utilization in
this program are derived from savings resulting from personnel considerations.
In addition, within the "deep ditch" mowing function, transferred to Parks
from Urban Transportation, we will use this summer's experience to assess
our ultimate equipment and personnel needs.
Enforcement Activities - In analyses of the Code Enforcement activities of
the City, we determined that a consolidation of functions now performed by
Code Enforcement, the Health Department and Animal Control would best meet
our current requirements. Therefore, we are proposing that all weed, litter,
trash, animal control , junked motor and abandoned vehicle violation en-
forcement be consolidated under the Health Department. All housing code
violations will remain with the newly-created Department of Building and
Housing Services. This consolidation will be accomplished by the transfer
of personnel and equipment from Code Enforcement and Animal Control to the
Health Department. Personnel involved in enforcement activities will be
cross-trained in all the areas of responsibility. In addition, the Police
Department will properly retain the,sole responsibility for enforcement ac-
tivities related to illegal hauling and/or spillage, as well as intentional
littering from moving vehicles.
Housing Activities - The transfer of all health-related inspection functions
to the Health Department will enable to City to consolidate, and thus place
emphasis on all housing and service functions under a new Department of
3uilding and Housing Services. This Department will have assigned to it
the entire Building Maintenance Division, which will be transferred intact
from the Department of Administration. The Inspection functions remaining
with this Department would be limited to codes relating to housing stock and
building activities. In addition, this consolidation will enable individuals
who now split time between Code Inspection functions and Housing Rehabilita-
tion to "focus in" on the clearly-identified priority relating to improvement
of the housing stock in the City. This area will receive additional at-
tention in discussion of the 1984 Community Development Block Grant budget
to be presented to Council in March or April .
"trash and Garbage Collection - A crucial component of any clean community
Effort certainly revolves around the provision of an adequate trash and
garbage-collection system. In order to address some problems with this ser-
vice, we have examined the function, looking at scheduling requirements and
equipment needs. Problems associated with inadequate and insufficient
equipment have already been addressed by earlier Council action.
A new routing system has been completed and the new scheduling will be
ready for implementation by March 6, 1984. It has been designed for more
efficient travel to the new landfill .
Council Letter 324
February 10, 1984
Page 4
Instead of north/south boundaries, the City essentially has been divided
east/west (see attached maps) . Two more residential routes have been added
in order to assure timely collection. This brings to twenty the number of
garbage routes in each east/west area. Trash routes also have been revised.
There will be four numbered areas which will have trash collection on the
corresponding number, beginning the first Monday of the first week of each
month (see attached map and schedule) .
We will also include, as a part of the map and schdedule which will be
mailed to all Beaumont residences, a listing of all days on which there
will be no residential service. For the remainder of 1984, service will not
be provided on November 22nd and 23rd, Thursday amd Friday of Thanksgiving,
and Christmas Day, Tuesday, December 25th. Service will be provided on all
other holiday periods. We have decided on this course of action to deal with
the perceived problem of pickup on Monday holiday periods and also to deal
with the fact that the pressure on the system after a no-collection day is
severe and causes us a great deal of problems in dealing with overtime and
excessive arb
g age volumes. The definitive scheduling 9
c edulin of trash collection
will also allow us to block out three one-week periods during the year which
will be used as vacation periods for the personnel , or for scheduling of
special cleanup efforts.
Since communication to citizens informing them of the collection route
schedule changes is absolutely essential , we will utilize the following pro-
cedures:
1. Prepare maps and schedule and have ready for a City-
wide mailout to all metered residents by February 20th.
2. Do press releases to all area media.
3. Purchase an ad on the inside front page of the
Saturday Enterprise on a regular basis.
4. Send PSA's on a weekly basis to radio stations, asking
them to remind citizens to put their trash out that week.
5. Have the Sanitation Department include on their tele-
phone recording answering system what area we are in
that week for trash pickup.
6. Have the landfill answering system state the location of
the new landfill , how to get there and the hours it is
open.
7. Provide schedules for the Response Center.
Council Letter 324
February 10, 1984
Page 5
The final effort in this activity will be the drafting of a revised ordinance
which will speak clearly to guidelines for enforcement and operations as it
relates to weed and litter control . This ordinance will incorporate the fol-
lowing points:
I. "Special maintenance agreements" with other government
entities.
2. Major arterial streets as defined by the City's trans-
portation plan.
3. Street right-of-ways , dedicated but not paved.
4. Medians, boulevards, esplanades.
5. City-owned properties.
6. Immediate vegetation hazards to person or property.
7. Ditches defined herein as any ditch exceeding a depth of
4 feet or with a slope ratio of less than 1:1-112 feet.
8. Exclusive drainage easements.
9. Notification process for non-compliance and cost conse-
quences to citizens from abatement and fine activity.
This delineation of responsibilities will clarify the role assigned to the
public sector and that assigned to property owners. City staff will proceed
to clearly identify locations in the community where we will assume res-
ponsibility and notify property owners of their role in the system. Lack of
clarity in this area has been a major part of the problems experienced in the
past.
Karl Nollenberger
City Manager
Attach.
CALENDAR
** Sunday, February 12 - John Gray Institute
12:00 Noon - Speak to League of Women Voters Candidates School
Monday, February 13 - 2698 North; Accurate Business Machines
10:00 A.M. - Ribbon Cutting Ceremonies
(Maurice Meyers)
10:00 A.M. - 6459 Eastex Freeway; M.J. Walker Firestone
Ribbon Cutting Ceremonies
** 5:30 P.M. - Holidome
Speak to Secretaries Passport Group
*** Tuesday, February 14 - Linda 's Dating Service
277 18 St. , Suite 1A (Behind Steak & Ale)
10:00 A.M. - Ribbon Cutting Ceremonies
1:1'.5 P.M. - Council Chambers
Council Meeting, followed by Work Session
**** Wednesday, February 15 - 4890 Dowlen, Suite X; J.B. Liquor Cabinet
11:30 A.M. - Ribbon Cutting Ceremonies
(Ronnie Reed; Phil Allen)
** 12:00 Noon -
Speak to Association of Legal Administrators
**
4:00 P.M. - Heritage Room, Texas Commerce Bank
Graduate Program - Leadership Beaumont
* MAYOR
** MAYOR PRO TEM
*** COUNCILMAN MOORE
**** COUNCILMAN COX
CALENDAR
Page 2
* Thursday, February 16 - Beaumont Plaza Holiday Inn
11:30 A.M. - Ribbon Cutting Ceremony
12:00 Noon - VIP Lunch
7:00-10:00 P.M. - VIP Party
(Jo Culbertson)
** 12.;00 Noon -
Speak to Board of Realtors
** Friday , February 17 - Gordon 's Driving School ; 455 Orleans
Ribbon Cutting Ceremonies
(Billie Rogers)
* SaturL February 18 - Village Bowling Lanes
9:00 A.M. - Beaumont Women's Bowling Associates 43rd Annual Bowling
Tournament
(Sandy Carr)
Monday February 20 - Council Chambers
3:30 P.M. - Joint Planning & Zoning Hearing
(COUNCIL QUORUM REQUIRED)
* MAYOR
** MAYOR PRO TEM
*** COUNCILMAN MOORE
**** COUNCILMAN COX