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HomeMy WebLinkAboutPACKET DEC 18 1984 AGENDA REGULAR SESSION OF THE CITY COUNCIL DECEMBER 18, 1984 CITY COUNCIL CHAMBERS 1: 15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public Hearing - Urban Mass Transportation Administration application for Transit Operating Assistance funds. 1. A resolution authorizing the City Manager to make application with the Urban Mass Transportation Administration for Transit Operating funds. 2. An ordinance granting a Specific Use Permit to establish emergency counseling service for battered women and children at 2135 Victoria. 3. An ordinance amending the Animal Code. 4. An ordinance amending subdivision regulations to add temporary cul-de-sacs. 5. A resolution authorizing purchase of two mounted hydraulic sewer cleaners. 6. A resolution authorizing purchase of two vans. 7. A resolution authorizing purchase of an excavating machine and a multi- purpose excavator for use in the Drainage Division. B. A resolution authorizing purchase of ten dump trucks for use in the Street, Drainage and Sewer Maintenance Divisions. 9. A resolution authorizing purchase of cold mix asphalt. 10. A resolution authorizing purchase of a videotape evaluator cleaner for the Beaumont Public Library. Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION. F s ' 1. December 14, 1984 Council Letter 198 (Honorable Mayor and Members of City Council Subject: Fiscal Year 1985 Transit Operating Assistance Grant Under Section 5 of the Urban Mass Transportation Act of 1964, as amended, the federal government will reimburse the City for 50 percent of its yearly transit operating deficit.. A resolution is necessary to allow submission of the grant and authorize the City Manager to execute the operating assistance agreement. Illustrated below is an estimated project budget for operating assistance for Fiscal year 1985. Reimbursement is based on actual costs. Total operating expenses $1,635,200 Charter operations 502000 Eligible operating expenses $1,585,200 Passenger revenue 459,900) Net project cost 1,125,300 Local share: City of Beaumont: $�62�650 Total local share:. $ 562,650 Net expenses before applying UMTA funds : 562,650 UMTA funds requested $562,650 It is recommended that this resolution be approved. Karl Nollenberger City Manager . � � ITEM NOV R E S O L U T I O N WHEREAS, the City Council desires to file an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended; and, WHEREAS, the Secretary of Transportation is authorized to make grants for mass transportation projects; and, WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, including the provision by it of the local share of project costs; and, WHEREAS, it is required by the U. S. Department of Transportation, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Urban Mass Transportation Act of 1964, as amended, the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the U. S . Department of Transportation requirements thereunder; and, WHEREAS, it is the goal of the applicant that minority business enterprise is utilized to the fullest extent possible in connection with this project, and that definitive procedures shall be established and administered to ensure that minority businesses shall have the maximum feasible opportunity to compete for contracts when procuring construction contracts, supplies, equipment contracts or consultant and other services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute and file an application on behalf of the City of Beaumont, Texas, with the U. S . Department of Transportation, for Fiscal Year 1985 transit operating assistance funds pursuant to Section 5 of the Urban Mass Transportation Act of 1964, as amended; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute and file with such application an assurance or any other document required by the U . S . Department of Transportation effectuating the purposes of Title VI of the Civil Rights Act of 1964 ; and, BE IT FURTHER RESOLVED that the City Manager is authorized Ito furnish such additional information as the U. S. Department of Transportation may require in connection with the application of the project; and, BE IT FURTHER RESOLVED that the City Manager is authorized to set forth and execute affirmative minority business policies in connection with the project' s procurement needs; and, BE IT FURTHER RESOLVED that the City Manager is authorized to execute grant contract agreements on behalf of the City of Beaumont with the U. S . Department of Transportation for aid in the financing of the operating assistance projects; and, BE IT FURTHER RESOLVED that a public hearing be held on said application at 1 : 15 p.m. , December 18 , 1984 , in City Council Chambers, City Hall. - 2 - PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 3 - December 14, 1984 2. Council Letter 203 Honorable Mayor and Members of City Council Subject: Request for specific use permit to establish emergency counseling service for battered women and children at 2135 Victoria; scheduled for joint public hearing on December 17, 1984 . GENERAL INFORMATION Applicant Bernard Giaratano Status of Applicant representative for Family Services Association Requested Action specific use permit to estab- lish emergency counseling ser- vice for battered women and children ( Existing Zoning RM-H (Residential Multiple Family - High Density) Location 2135 Victoria Size 75 x 140 Existing Land Use single family residence with four car garage and existing garage apartment Surrounding Zoning and Land Use north - RM-H, single family east - RM-H, single family south - RM-H, single family west - (acrbss Victoria) RM-H, single family Physical Features fenced lot Comprehensive Plan Conservation and Revitalization SPECIAL INFORMATION Public Utilities in Victoria Sanitary Sewer: 6 inch line Storm Drainage: 15 inch line Water: 6 inch line Council Letter 203 December 14, 1984 Page 2 SPECIAL INFORMATION (cont'd) Streets Victoria is designated as a local residential street and has a 60-foot right-of-wav and 27-foot pavement. Fire Protection Station #11, 2185 Sabine Pass ANALYSIS See Specific Use Permit Review. RECOMMENDATION F ased on the applicant' s compliance with the eight conditions neces- ary for approval, staff recomr•.tends approval of the request. PUBLIC NOTIFICATION AND RESPONSE Notices Mailed to Property Owners 23 Responses in Favor of Request Responses Opposed to Request kL Karl Nollenberger City Manager SPECIFIC USE PERMIT REVIEW ORDINANCE REQUIREMENTS PROPOSAL 1. Description of processes and---- ------ see attached .description activities. 2.. Boundaries of area covered by site------ Block 10, Lot 9 , S 2 Lot 10 plan with dimensions. Ogden Addition; 75 x 140 3., Existing and proposed building locations with: number of stories; ------------------- two in main residence; garage has apt. on 2nd floo - height; ------------------------------ approximately 25 feet gross floor area; -------------------- residence: 3000 sq. ft. apartment: 960 sq. ft. - entrances and exits. ----------------- from Victoria 4. Existing drainage locations and --------- to storm drains in Victoria direction of flow. 5. Proposed landscaping and screening ------ existing landscaping to buffers. remain 6. Location and dimensions of: - curb cuts (existing and proposed) r--- existing driveway 15 feet - public and private streets, showing -- Victoria: 60 ' right-of-way; rights-of-way widths; 27 ' pavement - parking and loading areas;------------ in rear yard - pedestrian walks; -------------------- none -- exterior lighting; ------------------- none - trash storage locations; ------------- no exterior storage 7. Fences or screening provisions ---------- existing privacy fence is showing location, type and height. on two sides of lot 8. Sian height, location and dimensions.---- none CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if all of the following conditions have been found: 1) That the specific use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; The residential character of the subject building will not change. All functions associated with proposed use will take place indoors. Based on external effects associated with the proposedeuse, it will be compatible and not injurious to abutting 2) ha� the establishment of the specific use will not impede the normal and orderly development and improvement of surrounding vacant property; The request is located in a developed neighborhood. There are no vacant lots in the 2100 Block of Victoria. 3) That adequate utilities, access road, drainage and other necessary supporting facilities have been or will be provided; All utilities are present and adequate for service to the proposed use. 4) The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; Garage has parking for four cars. Driveway parking area includes additional spaces . 5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; None of the five environmental nuisances are generated by the proposed use. 6) That directional lighting will be provided so as not to disturb or ad- versely affect neighboring properties; There is no directional lighting shown on the proposed site plan. 7) That there are sufficient landscaping and screening to insure harmony and compatibility with adjacent property; Two sides of rear yard area will require 8-foot privacy fence as per ordinance requirements. 8) That the proposed use is in accordance with the comprehensive plan; Proposed site is in a Conservation and Revitalization Area and is in conformance with the plan. " ►' 4AMA " FILE 962-P. RE QUEST FOR A SPECIFIC USE PERMIT TO OPERATE A COUNSELING CENTER FOR BATTERED 1,40 PJ A�1D CHILDREN LOCATED AT 2135 VICTORIA. o `� APPLICA�IT: BERNARD GIARATANO p V I I I 1 n a • � , � ,�� J fA r °->• to '�' d is • wo AAD 100 ► is /-s. • ♦ ♦ I • 1/200 4W t s� � � • �v N N/ SAY£ e� 1! ¢ " P K♦ JOr 140 % !� �o ♦ l r vi !l // t► / / t J*5 AAA 0 AV subj c A - �_ .♦ i" 60 jw foo � v � a � ♦ REDEq/Cr 5r o A ra r Av • /O Av .o a 0 ' + ♦ + ♦ H c - • a R -- O ----— m caw, ALT r 4 i! ♦ ' � J v � ! + I LO ro �e or R O r „° • CL s� Emma - O r r A7 J AO 11AI s'----- L- ,r 4z ^ � r ♦ it r ri� ♦ rt ♦ n ; ! N 2• J N 0, J N ty ( I Al �' / - �, i. M w ro ego t L � r♦ ° r i♦ r i♦ g � � � 4 � o,r/-p fA Al ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING A SPECIFIC USE PERMIT FOR AN EMERGENCY COUNSELING SERVICE FOR BATTERED WOMEN AND ABUSED CHILDREN AT 2135 VICTORIA. WHEREAS, the Planning and zoning Commission of the City of Beaumont considered the issuance of a specific use permit for an emergency counseling service for battered women and abused children on property located at 2135 Victoria, Beaumont, Jefferson County, Texas, to Family Services Association, owner, its legal representatives, successors, and assigns for that certain property hereinafter described; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That all conditions necessary for issuance of a specific use permit have been met and a specific use permit for an emergency counseling service for battered women and abused children on property located at 2135 Victoria, Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, is hereby granted to Family Services Association, owner, its legal representatives, successors and assigns for that certain tract described on Exhibit ".A" attached hereto and made a part hereof for all purposes. Section 2 . That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of lg Mayor - 2 - w 3. December 14, 1984 Council Letter No. 208 Honorable Mayor and Members of City Council Subject : Animal Control Code Revisions The Health Department has proposed several basic revisions in the Animal Control Ordinance to update the code which was inacted in 1958. These revisions also include new provisions to regulate and control cats . The current ordinance regulates only dogs and lifestock. The proposed code reflects those elements discussed in last week ' s workshops with two major changes . The first involves continuing the current provision limiting lifestock to no more than two head, except in agricultural residential zones where any number may be kept . Minimum distance and sanitary conditions are still required. The second involves exempting the Humane Society from payment of the dead animal removal fee. It should. be noted that one major change from the existing code is licensing and inspection by the Health Department of kennels . Kennels are defined as any person or operation having four or more animals (dogs and cats) or more than one litter at a time. The ordinance also provides for creation of an Animal Health Advisory Committee. I recommend approval of this ordinance. Karl Nollenberger City Manager • •F -.December 7, 1984 WAS 2. l - Council Letter No. 184 Honorable Mayor and Members of City Council Subject: Animal Code Revision Council recently asked the Health Department to propose revisions to the City's Animal Control Code to provide for the proper control and regulation of cats. The current code regulates only dogs and livestock. The Health Department had been reviewing the entire code for needed revisions and has attempted to incorporate those recommended changes along with the proposed provisions regulating cats. The current code was adopted in 1958 . The Code was amended in 1980 to eliminate the requirement for the licensing of dogs and the requirement to notify owners of impounded dogs , and added concerning language co nin g r equired observation of animals in bite cases . Several other provisions were apparently eliminated at that time. The following is a summary of proposed changes: ( 1 ) Cats are added to the language currently applying to dogs only. (Section 5-22 Impounding - Notice to Owner: Section 5-23 Refusal to Deliver an Animal to Officer; Section 5-24 Redemption or Destruction of Unclaimed Animals ; Section 5-25 Interference with Officers ; Section 5-32 Right of Entry for Inspecting Dog or Cat to Determine Immunization ; Section ' 5-33 Tag and Certificate from Veterinarian) . Provisions that continue to apply to dogs only include Section 5-18 Barking Dogs ; Section 5-20 Dogs at Large Prohibited; Section 5-21 Impounding of dogs found at large. (2) The proposal provides for the animal control supervisor to take possession of cats delivered to him, picked up on the streets or public..property, or picked up or delivered as a suspected rabid animal for observation. It provides an impoundment fee and for destruction of the animal if unclaimed after 72 hours. The current code does not speak to the authority of the City to take possession of cats. Consequently, the animal shelter only occasionally impounds cats and then only when involved in bite cases_ This provision, Section 5-26 Taking Possession of Cats , allows the animal shelter to take possession of and impound cats. C'6uncil Letter No. 184 Animal Code Revision Page 2 Glecember 7, 1984 (3) State law requires the enforcement officer to be designated as the "local Health Authority" and that person is specified as the animal control supervisor. (Section 5-15 ) . (4) The current code provides for the Chief of Police to destroy injured animals. This ed to is changed the local Health Authority. (Section hang (5) The current code provides ,for individuals to kee two head of livestock (cattle, horses , mules , p jacks, jennets, sheep, goats , or livestock of any kind) anywhere in the City. This With the City' s- Zoning Code, which lallowsolivestock only in "Agricultural Residential " zones ) . It continues to prohibit keeping them so as to produce bad odors. (Section 5-4) . (6) The proposal provides for the removal of carcasses of animals to the City' s Sanitary Landfill at the owner ' s expense and provides for small animals under 80 pounds to be placed next to the street and picked up by the Health Department. (Section 5-16) . r ( 7) The proposal provides for the licensing and inspec- tion for sanitary conditions of all kennels with four or more animals or more than one litter and requires the kennels to be operated in a sanitary condition. Veterinary hospitals are exempted. (Section 5-17) . Permit fees are set at $10 per year for less than 15 animals , $15 for 15 to 25 animals , and $25 for over 25 animals. (Chapter 13, Section 13-16 Health Feees) . (8) Vicious animals are defined as any that bi or attacks a person or animal tes P another animal , and the current provision requiring them to be confined is retained. (Section 5-19) . (9) The proposal provides for the animal cohtrol super- visor to maintain a list for the public describing animals currently. impounded and to notify owners by telephone or letter when ownership can be deter- mined. (Section 5-22) . (10) The proposal provides for fees to be charged for pick-up of dead animals from veterinarians and humane shelters for disposal . (Section 5-27 were previously set b ) • The fees include first two animals ) and $3 $10 per trip ( to animal in excess of two. $3 Per head for each ' I Council Letter No. 184 Animal Code Revision Page 3 December 7,- 1984 (11 ) The proposal proxvid.es_ for-- the Director of Health, the- local Health..Authority, or other persons officially designated to kill any dangerous animal Of any kind when necessary for .the protection of any person or property. (Section 5-28 ) . (12) The current code only requires physicians to report -names of persons as a rabies control measure. The proposal adds- scratches along with bites and requires any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a human to report the incident to the local Health Authority. Physicians and veterinarians are specifically addressed. (Section 5-29 ) . (13) The provision requiring rabies suspects to be confined for 10 days is continued, and the proposal provides that refusal to produce the animal constitutes a separate violation for each day of such refusal . It prohibits such. animals from being quarantined at home and provides for the animal to be destroyed if it shows the clinical signs of- rabies. The proposal provides P P 1 p ides for the head or brain to be submitted to the nearest Texas Department of Health Laboratory for testing. It provides for a fee for shipping the head to the laboratory. It PP 9 the animal that is found rsafe eiffit isevaccinatedf against rabies and for destruction of the animal on the third day after the quarantine if the animal is unclaimed. (Section 5-30) . The laboratory shipping fee is set at $40. (Chapter 13 , Section 13-16 Health Fees ) . (14) The proposal requires any dog or cat four months of age or older to be immunized against rabies once every twelve months by a licensed veterinarian. It provides for a fee for such vaccination when admin- istered at she city animal shelter. %t.,requires all persons moving into the City to comply within ten days. (Section 5-31 ) . This section basically complies with current state law. (15 ) The proposal maintains the right to inspect any animal at any reasonable time to determine if the animal is vaccinated against rabies , . and adds the provision requiring a proper warrant to enter the premises . (Section 5-32) . (16 ) The proposal removes the language providing for a metal tag to be issued only by the City after vaccin- ation. Such tags are now routinely issued by all veterinarians . (Section 5-33 ) . - I Council_ Letter No. 184 - Animal Code Revision - Page 4 December 7, 1984 (17) The new code prohfbits the removal of these metal tags :without._ he written consent of the owner. (Section (18) The proposal requires an owner to produce a copy of his certificate of vaccination upon demand. (Section 5-34) . _ (19) The proposal stipulates certain rules to be enforced by the local Health Authority for any animal bitten or directly exposed to a rabid animal . If not vaccinated, the animal will be destroyed, or placed in six months isolation if justification exists for preserving the animal , with the owner assuming the expense. If vaccinated, the animal will be destroyed, or placed in three monts isolation if justification exists for preserving the animal . (Section 5-36) . ( 20) All fee references in the current code are deleted and added to the Health Department Fee Ordinance. (Chapter 13, Section 13-16 Health Fees) . i- (21 ) The new code complies with state law requirements to establish an animal health advisory committee to ensure compliance with the state statute. That committee will be automatically composed of the Director of Health as the required city official , the City Veterinarian as the required veterinarian, the city animal control supervisor as the required person whose duties include the daily operation of an animal shelter, and a representative to be appointed each year by the Humane Society. This committee will meet at least three times a year. (Section 5-37) . The new ordinance continues several provisions unchanged: prohibiting dumping or abandonment of animals (Section 5-1 ) ; prohibiting ing for sale of animals in businesses where food is served or soldeeping public (Section 5-2) ; . provides for a minimum distance of 150 feet for livestock from dwellings (Section 5-5 (Section 5-6) ; requiring removal of livestockbtransporrtsvehicless (Section 5-7) ; prohibiting unclean animal pens (Section 5-8) prohib- iting nuisances by butchers and stock dealers (Section 5-9) ;by fowls and rodents (Section 5-I0) prohibiting ) � prohibiting wild animals (Section 5-11 ) ; prohibiting livestock runnin keeping of (Section 5-12) ; requiring fowl and other birds to be confined (Section 5-1.3 ) ; prohibiting bgrking dogs as a nuisance (Section 5-18 iti.ng allowing dogs to run at large (Section 5-20) ) % Prohib- the impounding of any dog found at large (Section 5-21)_providing for It should be noted that all references to licensing of animals has been removed from throughout the present code, since the City no Council Letter No. 184 Animal Code Revisio Page 5 ' f December 7, 1984 longer requires such licenses or collects such fees . There are no provisions in the local code relating to cruelty It is the opinion of the Legal Division that state law requiresoenforce- ,meet actions to be filed with the District Attorney and prevents adoption Of lesser penalties by municipalities. The Health Department would be empowered to - enforce state law. Under these revisions, the Health Department proposes to furnish ca e traps to the public for a refundable $50 deposit to trap cats g delivery to the animal shelter. It is for eats any other way, very difficult to trap problem Two issues for special consideration are the dead animal removal for both veterinarians and the humane society, Sect fee fee 13-16 Health Fees) , and also whether a fee should beimposedfor individuals for removal of dead animals by the Health Deaprtment. The humane society has asked for exemption from the current dead animal removal fee. For individuals , the Health Department currently removes free of charge dead animals placed at the curb. Karl Nollenberger _ City Manager cc: Curtis Dickson, Health Director N0 +•:� ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW CHAPTER 5 , PROVIDING FOR THE PROPER CONTROL AND REGULATION OF ANIMALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . Chapter 5 of the Code of Ordinances of the City of Beaumont is hereby repealed and there is hereby enacted a new Chapter 5 to read as follows: CHAPTER 5 ANIMALS Art. I. In General, § 5-1/5-17 Art. II. Dogs/Cats, S 5-18/2-28 Art. III. Rabies Control, S 5-29/5-37 ARTICLE I. IN GENERAL Section 5-1 : Abandoning or Dumping in City I± shall be unlawful for any person to abandon or dump any dog, cat or other animal within the city. Section 5-2 : Sale in Food Establishments It shall be unlawful to keep for sale any bird or domestic animal in any department store, novelty store or any other store or business establishment where food is served or sold to the public, unless such animals and birds are confined in enclosures and kept completely separated from the part of the store where food is served or sold. Section 5-2 .1 : Baby Animals; Distribution for Changing Color of Prohibited a) It shall be unlawful for any person, firm or corporation to knowingly sell, offer for sale, barter, lease or give away baby chickens, ducklings, goslings, skunks, raccoons, foxes, turtles, opossums or bats under three ( 3 ) weeks of age or rabbits under six 960 weeks of age as pets, or to color, dye, stain or otherwise change the natural color of baby chickens, ducklings, goslings , skunks, raccoons, foxes, opossums, bats, turtles or rabbits. b) It is a defense to this section that the sale or exchange of such baby chickens, ducklings, goslings, skunks, raccoons, foxes, opossums, bats, turtles or rabbits was for commercial breeding purposes or for scientific, educational, or governmental purposes. Section 5-3 : Wounded or Sick Animals, Fowl or Birds; Killing When, from any cause, any animal within the city shall be sick , wounded, maimed or injured, so as to render its recovery hopeless, it shall be permissible for the local health authority to destroy , or cause to be destroyed, such animal so ill or injured, and as soon after such injury as practicable, and in such manner as in his judgment shall be the least painful , and to cause the carcass thereof to be removed. Section 5-4 : Livestock Permitted It shall be unlawful for any person to keep within the city more than two ( 2) head of cattle, horses, mules, jacks, jennets, hogs, sheep, goats, or livestock of any kind in areas other than A-R (Agricultural-Residential) zoning districts, as set forth in Section 30-24 of the Code of Ordinances; or to keep any such livestock so as to produce bad odors which affect the comfort and health of the people; provided, however, such restriction as to number shall not apply to persons in annexed areas, when at the time of such annexation such persons were keeping a greater number than herein permitted; and providing further, such persons shall not increase the number which were kept prior to such annexation or increase the number to more than that herein permitted after such number becomes diminished. Section 5-5: Minimum Distance from Dwellings, Etc. It shall be unlawful for any person to keep, possess or maintain in the city any livestock within one hundred fifty ( 150) feet of any residence or habitation for human beings, or within one 2 - hundred fifty ( 150) feet of any church, school or hospital other than the residence of the keeper, possessor or owner of such animals . Section 5-6: Noisy Animals and Fowl , Prohibited It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to stable or keep any animal or fowl in the city in such manner that such animal or fowl by stamping or kicking, braying, bleating, barking, yelping, neighing, crowing or making any other utterance or disturbance, creates such a noise which disturbs those living in the vicinity. Section 5-7: Removal of Livestock Transport Vehicles It shall be unlawful and constitute the creation and maintenance of a public nuisance for the owner, operator, agent, or driver of any truck , trailer or other vehicle that has been used for the hauling of any livestock , animals or fowl , and when same has been parked in or on any highway , street, alley , vacant lots, or tract of land, either public or private, or in any service station or garage within the city , to fail to move such truck , trailer or other vehicle, containing manure or excreta or liquid discharge to a location which will not disturb the inhabitants of the city by reason of the odor, gases or fumes caused by the contents of such truck , trailer or other vehicle. Section 5-8: Unclean Animal Pens, Etc. - Generally It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person owning or having charge of any stable, stall, shed, or yard or appurtenance thereto, in which any horses, cattle, cow , or other animal shall be kept, or any place within the city in which manure or liquid discharge of such animals shall collect and accumulate, to allow such stable, stall, shed, or yard or appurtenance thereto to be kept in other than a clean and sanitary condition, or allow the same to remain in a. condition which would constitute a breeding place for flies, provided, nothing in this section shall be so construed as to include manure deposits upon private property for the purpose of cultivation or to be used as fertilizer. Section 5-9: Same - Kept by Distillers, Butchers, Etc. No distiller, butcher, stock dealer, or other person shall collect or keep any cows in a pen, or otherwise confine any cows in the city so as to create a stench or so as to become a nuisance. - 3 - Section 5-10: Same - Fowls, Rodents It shall be unlawful and constitute the creation and maintenance of a public nuisance for any person to keep or cause to be kept any chickens, geese, ducks, guineas, pigeons, or rabbits or other rodents in pens or enclosed areas in an unclean condition or in such a manner as to become offensive, producing odors capable of annoying persons living in the vicinity . Section 5-11 : Wild Animals; Restrictions on Keeping No wild animals may be kept within the city; provided, however, wild animals may be kept for exhibition purposes by circuses, zoos and educational institutions in accordance with all .laws and regulations. Section 5-12: At Large - Livestock ; Prohibited It shall be unlawful for the owner or other person in charge of any livestock to permit the same to run at large or to be found unattended in the city . Section 5-13 : Same - Confinement of Fowl or Other Bird; Impounding It shall be required of every person owning or having control of any domestic fowl or any other bird, to keep the same confined within his own premises, and it shall be unlawful for any person within the city to suffer, permit or allow any domestic fowl or any other bird which he may own or have the charge of to go or be found upon any street or other public place of the city or upon the premises of another without the consent of the owner or the person in charge of the premises upon which such domestic fowl or other bird may be found. It shall be the duty of the local health authority to take up any domestic fowl or other bird found at large and confine such domestic fowl or bird in the city shelter for seventy-two (72) hours. If the owner of a domestic fowl impounded fails to claim such fowl within seventy-two (72) hours, it shall be the duty of the local health authority to humanely destroy the confined fowl or bird. Section 5-14: Same - Impounding Fees The city shall collect from the owner or other person to whom impounded domestic fowl or other bird or birds are delivered an impounding fee as provided in Section 13-16 for the period of time 3 - the domesticated fowl or other bird or birds remains in the Possession and custody of the local health authority. Section 5-15: Local Health Authority Designated The city animal control superintendent will be designated as the local health authority for the purposes of this chapter. His duties will be to enforce all city and state laws pertaining to the control of animals within the City of Beaumont. Section 5-16: Carcasses of Animals and Fowls, Removal It shall be unlawful for any person to deposit or cause to be deposited or permit to remain upon any premises owned or occupied by him, or on premises adjacent thereto or in or upon any of the streets, sidewalks, alleys or other public rights-of-way or places in the City of Beaumont, the carcass or parts thereof of any dead animal or fowl owned by him or under his control, but all such carcasses or parts thereof, exceeding the permissible weight for depositing in garbage receptacles, shall be removed by such person to the City' s Sanitary Landfill, or otherwise disposed of as may be directed by the appropriate officer having jurisdiction over garbage and refuse disposal, or the same may be removed by the city at the cost of such person. If the owner of such dead animal or fowl be unknown, or the owner refuses or fails to remove the same, the City shall nevertheless, remove any such carcass or parts thereof and the City shall have the right to collect the cost of such service from the owner, if known, by suit. Small animals not to exceed eighty pounds (80) placed next to the street the same as garbage will be picked up by the health department. Section 5-17: Kennels, License - Required; Fee (a) A kennel within the :Weaning of this section is any establishment designed for the permanent or temporary boarding or keeping of animals with or without charge. No person, group of persons or business entity shall own, keep or harbor more than three ( 3 ) dogs of more than three ( 3 ) months of age or more than one ( 1 ) litter of pups or more than three ( 3 ) cats of three ( 3) months of age or more than one ( 1 ) litter of kittens, or more than a total of four (4 ) dogs and cats more than three ( 3 ) months of age in any combination, or engage in the commercial business of breeding, buying, selling, trading, training or boarding dogs or cats or both dogs and cats or other pet animals without having obtained a valid kennel license from the Beaumont Health Departme nt. 5 - (b) Such license shall be for the calendar year or any part thereof during which such kennel shall be maintained. The yearly license fee for kennels shall be in accordance with Section 13-16 of the Code of Ordinances. The fee shall be due and payable in advance on or before January 1 of each year. No kennel license shall be issued or renewed until an inspection certificate shall have been issued by the health department giving evidence that a sanitary inspection of the premises has been made by the Department of Health of the city . The license issued shall specify the maximum number of animals permitted to be kept, handled or exhibited by the licensee. It shall be unlawful for the licensee to keep, handle or exhibit any number of animals in excess of the maximum specified on the license. All applicants for a kennel license within the City of Beaumont, if required by state statute to be licensed by the Texas Department of Health, must have a valid license issued by said department to qualify for licensure by the City of Beaumont. The possession of a state license shall not in itself assure that a city license will be granted. (c) Any kennel licensed under this section found to be in violation of any zoning law , health law , or any other applicable law of the City of Beaumont or of the State of Texas or that is maintained in such a manner as to be detrimental to the health, :safety or peace of mind of persons residing in the immediate vicinity may have its kennel license suspended or revoked. (d) This section shall not apply to and will not be construed to require a kennel license for: ( i) a veterinary hospital operated by a licensed veterinarian which retains animals for veterinary medical care; ( ii) a bonified publicly or privately owned zoological park; ( iii) a bonified research institution using animals for scientific research; ( iv) a publicly owned animal shelter. (e ) A certificate shall be issued by the health department to the person paying for a kennel license, which certificate shall contain the data specified in this section and which certificate shall be displayed at all times in a prominent place in the kennel. ( f) The Department of Health shall keep a permanent record of all dog kennel licenses issued under the terms of this section, which record shall show the name and address of persons being 6 - issued a kennel license, the name and address of the kennel, the number of the kennel license, the date issued and the amount paid therefor. ARTICLE II. DOGS/CATS Section 5-18: Barking Dogs It shall be unlawful and constitute the creation and maintenance of a public nuisance, for any person to harbor or keep on his premises or in or about his premises, or premises under his control, any dog or animal of the dog kind, which by loud or unusual barking, howling, or yelping, shall cause the peace and quiet of the neighborhood or the occupants of adjacent premises to be disturbed. Section 5-19: Vicious Animals; Confinement Every animal which has bitten or attacked a person or another animal is to be considered fierce, dangerous or vicious and shall be confined by the owner within a building or secure enclosure, and not taken out of such building or secure enclosure unless securely muzzled. Section 5-20: Dogs at Large Prohibited It shall be unlawful for any dog to be at large within the City. Any dog on the streets, alleys or public places or on private premises not under the control of the owner, possessor, keeper or harborer of such dog within the city shall be considered to be at large- in violation of this section, except that a dog being under the control of a person by means of a leash of sufficient strength to hold such dog shall not be deemed to be at large . A person who owns, possesses, keeps or harbors any dog that is found at large shall be in violation of this section. Suction 5-21: Impounding - Holding Periods; Reclaiming; Shelter Fee; Sustenance for Animals It shall be the duty of the local health authority or any police officer of the city, to take up any dog found at large and confine such dog in the city animal shelter for seventy-two (72) hours in the case of a dog without a collar or harness with tag attached, and for one hundred twenty ( 120) hours in the case of a dog wearing a current tag, during which time the owner or person entitled to such dog, upon satisfactory proof to the local health authority of ownership, the owner may redeem his dog upon the 7 - i payment of a shelter fee in accordance with Section 13-16 and all other such applicable fees provided by that section. The local health authority shall provide, at the cost of the city, suitable and necessary sustenance for all dogs so impounded. Section 5-22: Same - Notice to Owner As soon as possible after any dogs or cats have been impounded at the city shelter it shall be the duty of the local health authority to maintain a list of each animal impounded describing each of such dogs or cats, whether bearing an immunization tag or not and giving the number of the tag and the name of the person registering the dog or cat in the case where the dog or cat bears an immunization tag . In case the dog or cat bears an immunization tag , then in addition to maintaining a list as required herein, it shall be the duty of the local health authority to notify such person to whom such immunization tag was issued, by letter, postal card, or telephone. The mailing of such letter or postal card shall be deemed sufficient notice whether or not the person addressed shall receive the same . Section 5-23: Same - Refusal to Deliver an Animal to Officer It shall be unlawful for any person to refuse to deliver any unimmunized dog or cat to the local health authority or any of his deputies or any city policeman upon demand for impounding. Section 5-24 : Same - Redemption or Destruction of Unclaimed Animals (a) The person entitled to the possession of any dog or cat impounded as provided herein, upon proper application within the time limits specified in this article, after the impounding of such dog or cat, shall be entitled to have the dog or cat given to him, provided such dog or cat is not affected or thought to be affected with rabies, upon the payment of the impounding fee as provided in Section 13-16 for each dog or cat impounded. (b) If the owner of a dog or cat impounded fails to claim such animal within seventy-two (72) hours, in the case of a dog or cat without collar and immunization tag attached, the local health authority shall deliver such dog or cat to the first person who shall apply for possession of such dog or cat within the applicable time limit specified above, provided such dog or cat is not affected or thought to be affected with rabies. Such delivery shall be made upon payment of the impounding fee provided for in Section 13-16, and in addition thereto, in the case of unimmunized dogs or cats, upon obtaining an immunization for such dog or cat as Provided in this article. - 8 - (c) If the owner of a dog or cat impounded fails to claim such dog or cat and no person applies for possession of said dog or cat, it shall be the duty of the local health authority to destroy the dog or cat without collar and vaccination tag at the expiration of the seventy-two (72) hours and the dog or cat with collar and immunization tag attached at the expiration of one hundred twenty ( 120) hours. Section 5-25: Same - Interference with Officers It shall be unlawful for any person to interfere with or attempt to prevent the local health authority or any of his deputies or any city policemen, from catching or impounding any dog or cat going at large, whether on public or private property not under the control of the owner, possessor, keeper or harborer of such animal . Section 5-26: Cats; Taking Possession of The local health authority is hereby authorized to take Possession of cats delivered to him by any person, picked up on the street or public property within the City of Beaumont, or picked up or delivered to the him as a suspected rabid animal. Whenever such a cat shall come into the possession of the local health authority, it shall be the duty of the local health authority to confine such cat in the city animal shelter for seventy-two (72) hours during which time any person may redeem such cat upon proof of ownership and payment of a shelter fee and all other fees as provided for in Section 13-16, provided that the cat is not affected or thought to be affected with rabies. If the cat is a rabies suspect, it will be held for ten ( 10) days. If the cat is not redeemed as provided herein, it shall be the duty of the local health authority to destroy the cat at the expiration of seventy-two (72) hours, or on the third (3rd) day after the ten ( 10) holding period as a rabies suspect. Section 5-27: Veterinary Fees A fee will be charged for each trip made by the local health authority to pick up two ( 2) dead animals from veterinarians. The fees charged for this service will be in accordance with Section 13-16 of the Code of Ordinances. The Humane Society shall be exempt from the payment of these fees. Sections 5-28 : Killing, Destruction of Animals - Dangerous, Sick , Threat to Public Safety The Director of Public Health or the local health authority , or any person designated by the Director of Public Health, City 9 - Manager, or City Council of the City of Beaumont is authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person or property . ARTICLE III. RABIES CONTROL Section 5-29: Report of Bites; Suspected Rabies a) Any person having knowledge that an animal capable of transmitting rabies has bitten or scratched a person, dog or other animal shall immediately report the incident to the local health authority . The report shall include, if known, the name and address of any victim and of the owner of the animal and any other data which may aid in the locating of the victim or the animal. b) It shall be the duty of every physician or other practitioner to report to the local health authority the names and addresses of persons treated for bites or scratches inflicted by animals capable of transmitting rabies, together with such other information as will be helpful in rabies control. C) Any veterinarian who clinically diagnoses rabies or any person who suspects rabies in a dog or any other domestic or wild animal shall immediately report the incident to the local health authority or his agent stating as precisely as possible where such animal may be found. If a known or suspected rabid animal bites or attacks a domestic animal such incident shall also be reported as required above. Section 5-30: Taking Up and Observing The owner of any animal which has bitten, scratched or attacked a person, dog or other animal shall be notified of the incident and shall cause such animal to be held under observation at the owner' s expense for a period not less than ten ( 10) days in the city animal shelter or a veterinary hospital operated by a duly licensed veterinarian. A fee shall be charged for each day of confinement at the animal shelter when an animal is under observation in bite cases. This boarding fee shall be assessed in accordance with Section 13-16 of the Code of Ordinances. Refusal or failure to produce said dog or other animal constitutes a violation of this section and each day of such refusal or failure shall constitute a separate individual violation. At no time shall an animal which is to be confined be allowed to be quarantined at home. No such animal shall be released from observation unless a licensed veterinarian certifies that such animal does not have rabies. Any person who is the keeper or has custody and control of the animal shall be deemed the owner for the purposes of this - 10 - section. If it is determined by a veterinarian that an animal shows the clinical signs of the disease of rabies, the local health authority shall humanely destroy the animal. If the animal dies or is destroyed while in quarantine, the local health authority shall remove the head or brain of the animal and submit it to the nearest Texas Department of Health laboratory for testing. If a veterinarian determines that a quarantined animal does not show the clinical signs of rabies, the local health authority shall release it to the owner following the quarantine period if ( 1 ) the owner has an unexpired rabies vaccination certificate for the animal or ( 2 ) the animal is vaccinated against rabies by a licensed veterinarian at the owner' s expense. The owner of an animal that is quarantined under this act shall pay to the local health authority the reasonable costs of the quarantine and disposition of the animal as set out herein and the local health authority may bring suit to collect those costs. The local health authority shall destroy an animal that the owner or custodian does not take possession of on or before the third day following the final day of the quarantine. Section 5-31: Vaccination Every owner of a dog or cat four months of age or older shall have such animal immunized against rabies once every twelve ( 12) months by a veterinarian duly licensed to practice in the State of Texas. There shall be a fee charged for vaccinations administered at the City Animal Shelter._ The fee shall be as provided for in Section 13-16 of the Code of Ordinances. Any person moving into the City of Beaumont from a location outside the city shall comply with this ordinance within ten ( 10) days after having moved into the city. To prevent improper vaccination of animals against and the accidental exposure of humans to rabies, modified live virus rabies vaccine for animals shall be administered only by or under the direct supervision of a veterinarian who is licensed to Practice in this state. Section 5-32: Same - Inspecting Dog or Cat to Determine Immunization, Right of Entry Therefor The local health authority and his authorized deputies shall have the right at any reasonable time to inspect any dog or cat to determine if such animal is vaccinated as required by this article and shall have the authority , with a warrant properly issued by a magistrate, to enter any premises for such purpose, and it shall be unlawful for any person to refuse entrance to the local health authority or his deputies or to impede, obstruct or exclude such health authority or his deputies when attempting to enter such premises for the purpose of inspecting such dog or cat. - 11 - r Section 5-33: Same - Tag , Certificate from Veterinarian The owner or keeper of any dog or cat immunized against rabies shall procure a written certificate of vaccination on forms to be provided by the veterinarian giving an accurate description of the animal, the date of immunization and the name and address of the owner of such dog or cat, which certificate shall be signed by the veterinarian administering the vaccine. A metal tag will be issued bearing a number corresponding to the number placed on such certificate and with lettering showing immunization, which tag shall be attached to the collar or harness of the dog or cat for which it was issued and shall be worn in a conspicuous place on the collar at all times. The tag issued shall be valid for one year after the date of vaccination of the dog or cat to which issued and shall be nontransferable. Section 5-34: Same . Removal of Tag It shall be unlawful for any p erson to remove P :issued under the provisions of this article fromanyndogeorlcatg without the written consent of the owner of such animal . Section 5-35: Proof It shall be unlawful for any person who owns or harbors a vaccinated dog or cat to fail or refuse to exhibit his copy of the certificate of vaccination upon demand to any person charged with enforcement of this ordinance. Section 5-36: Animals Exposed to Rabies y Any person having knowledge of the existence of any animal known to have been or suspected of being exposed to rabies must immediately report such knowledge to the local health authority giving him any information which he may require. Any animal known to have been or suspected of being exposed to rabies, the following rules shall be enforced by the local health authority: A. Unvaccinated animals which have been bitten or directly exposed by physical contact with a rabid animal or its fresh tissues shall be: 1 ) humanely killed, or 2 ) if sufficient justification for preserving the animal exists, the exposed animal should be immediately vaccinated against rabies, placed in strict isolation for six (6 ) months and given a booster vaccination one ( 1 ) month prior to release from isolation at the owner' s expense. 12 - B . Vaccinated animals which have been bitten or otherwise significantly exposed to a rabid animal shall be: 1 ) humanely killed, or 2 ) if sufficient justification for preserving the animal exists, the exposed, vaccinated animal shall be given a booster rabies vaccination and placed in strict isolation for three ( 3 ) months at the owner' s expense. C . These provisions apply only to domestic animals for which an approved rabies vaccine is available. Section 5-37: Animal Health Advisory Committee There is hereby established an animal health advisory committee of the city to act in an advisory capacity to the City Council and to the Department of Health concerning rules and regulations pertaining to the operations of the animal shelter and to make recommendations to the Director of Public Health concerning animal control by the city . Such committee shall consist of four (4 ) members composed of the city veterinarian, the director of health, the city animal control supervisor and an individual from the Humane Society all of which shall be appointed for one ( 1 ) year terms. The advisory committee shall meet at least three ( 3 ) times a year. 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. 13 - 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 - - 14 - 4. December 14, 1984 Council Letter 199 Honorable Mayor and Members of City Council Subject: Provisions for Temporary Cul-de-Sacs Section 24-13(h) of the City Code currently requires that developing sub- divisions include cul-de-sacs when a street is laid out with a dead-end. The City Code defines a cul-de-sac (Section 24-6) as "a local street with only one outlet having an appropriate terminal for the safe and convenient re- versal of traffic movement". Section 24-13(h) of the City Code reads as fol- lows: "When the Planning Commission determines that the most desirable residential plan required laying out a dead- end street, the street shall terminate in a cul-de-sac with a minimum radius of 50 feet, and the dead-end street shall be no more than 600 feet long, unless topography, density, adequate circulation, or other unusual conditions necessitate a greater length." The City Code does not currently include adequate provisions for installation of temporary cul-de-sacs in situations where extension of the dead-end street is anticipated in the near future. By recognizing that a street may be ex- tended, less expensive construction may be possible while still providing an adequate, interim cul-de-sac. In addition, clarification of the intent to abandon the extra right-of-way needed for the temporary cul-de-sac may be included in the City Code. The following- is proposed as an addition to Section 24-13(h) of the City Code: "When the Planning Commission determines that there is a reasonable expectation that a dead-end street will be extended within two years, construction of a tem- porary cul-de-sac may be approved, The Planning Com- mission may waive temporary cul-de-sac requirements for dead-end streets when the street is less than 200 feet in length. The portion of the temporary cul- de-sac which will serve as an extension of the street shall be constructed in accordance with the City Standards and that additional portion of the temporary cul-de-sac shall be in accordance with the City Stan- dards for a permanent cul-de-sac or a cement-stabilized base with an asphaltic concrete surface. The pavement radius shall be 25 feet within a 50-foot right-of-way (in fee or easement) . No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a temporary cul-de-sac. Council Letter 199 December 14, 1984 Page 2 "If the street extension is not under construction within two years of the date of City acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent cul-de-sac in accordance with City Standards within six months of the end of the two-year period. When the street is extended, the developer shall re- move the temporary portion of the cul-de-sac and in- stall curbs and other improvements necessary to conform with City Standards. Driveways shall be ex- tended from the existing driveways to connect to the street after the extension." It is recommended that this ordinance amendment be adopted. Karl Nollenberger City Manager i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO INCLUDE PROVISIONS FOR TEMPORARY CUL-DE-SACS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That Chapter 24, Section 24-13( h) of the Code of Ordinances of the City of Beaumont be, and the same is hereby , amended to read as follows: Section 24-13(h) : When the Planning Commission determines that the most desirable residential plan required laying out a dead-end street, the street shall terminate in a cul-de-sac with a minimum radius Of fifty ( 50) feet, and the dead-end street shall be no more than six hundred (600) feet long, unless topography, density, adequate circulation, or other unusual conditions necessitate a greater length. When the Planning Commission determines that there is a reasonable expectation that a dead-end street will be extended within two years, construction of a temporary cul-de-sac may be approved. The Planning Commission may waive temporary cul-de-sac requirements for dead-end streets when the street is less than 200 feet in length. The portion of the . temporary cul-de-sac which will serve as an extension of the street shall be constructed in accordance with the city standards and that additional portion of the temporary cul-de-sac shall be in accordance with the city standards for a permanent cul-de-sac or a 'cement stabilized base with an asphaltic concrete surface. The pavement radius shall be 25 feet within a 50 foot right-of-way ( in fee or easement) . No parking shall be allowed on a street terminating with a temporary cul-de-sac. No curb shall be required on a temporary cul-de-sac. If the street extension is not under construction within two years of the date of city acceptance of the dead-end street on which a temporary cul-de-sac was permitted, then the developer shall construct a permanent dul-de-sac in accordance with city standards within six months of the end of the two year period. When the street is extended, the developer shall remove the temporary portion of the cul-de-sac and install curbs and other improvements necessary to conform with city standards. Driveways shall be extended from the existing driveways to connect to the street after the extension. 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 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. Mayor - - 2 - 5. December 14, 1984 Council Letter 194 Honorable Mayor and Members of City Council Subject: Purchase of Two Truck-Mounted Hydraulic Sewer Cleaners Bids were received on November 26, 1984, for the purchase of two truck-mounted hydraulic sewer cleaners to be used in the Sewer Maintenance and the Drainage Divisions. These units replace two sewer cleaning machines used by these de- partments in the course of their day-to-day activities. Bids were received from the following vendors: Naylor Supply $80,844.00 Industrial Disposal 85 143.28 Kinsel Ford 85,805.22 Environmental Sales 88,610.00 Funds for this purchase are available in the Fleet. fund and both of these items were budgeted to be purchased in the fiscal 1985 year. The bid of Naylor Sup- ply Company of Pasadena, Texas, is the low bid meeting specifications. It is recommended that this resolution be approved. Karl Nollenberger City Manager H r w� Fes, R E S O L U T I O N WHEREAS, on November 26, 1984 , bids were received for the purchase of two ( 2 ) truck mounted hydraulic sewer cleaners for use in the Sewer Maintenance and Drainage Divisions; and, WHEREAS, Naylor Supply Company of Pasadena, Texas submitted a bid in the amount of $80,844 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Naylor Supply Company 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 submitted by Naylor Supply Company in the amount of $80,844 for the purchase of two ( 2 ) truck mounted hydraulic sewer cleaners is' hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . - Mayor - 6. December 14, 1984 Council Letter 191 Honorable Mayor and Members of City Council Subject: Purchase of Two 3/4-Ton Passenger Vans Bids were received on November 5, 1984, for the purchase of one 3/4-ton six- passenger van for the Parks and Recreation Department and one 3/4-ton 15- passenger van for use by the Best Years Center. The six-passenger van is a replacement item within the Parks and Recreation Department, and the 15-passen- ger van will be purchased through a grant with the South East Texas Regional Planning Commission Area Agency on Aging. The van will be utilized by the Brest Years Center in its various programs. Bids were received from the fol- lowing vendors: 3/4-ton 3/4-ton 6-Passenger 'Van 15-Passenger Van JK Chevrolet $10,486.85 N/B Beaumont Motor Company 10,516.82 N/B Ray Bernard Olds 12,928.28 $15,387.35 Premier Pontiac 12,529.25 11,102.50 Kinsel Ford N/B 14,091.65 While the bid of JK Chevrolet for the six-passenger van is some $29.97 less than the next bid, the bid of Beaumont Motor of $10,516.82 is recommended for purchase. The mileage difference in distance between the Fairgrounds, where the vehicle will be stationed, and the location of the service centers of the vendors in question is 28 miles roundtrip. This difference equates to greater expense in transport for warranty and repair work and makes the Beaumont Motor Company bid preferable with respect to total cost. The bid of Kinsel Ford for $14,091.65 is the lowest bid meeting specifications for the 15-passenger van. The Premier Pontiac quote failed to meet specifi- cations with respect to passenger-carrying capacity and wheelbase. It is recommended that this resolution be approved. Karl Nollenberger City Manager � R E S O L U T I O N WHEREAS, on November 5 , 1984, bids were received for the purchase of two ( 2) 3/4 ton passenger vans; and, WHEREAS, JK Chevrolet of Nederland, Texas submitted a bid in the amount of $10,486.85 for one ( 1 ) 3/4 ton 6 passenger van and Kinsel Ford submitted a bid in the amount of $ 14,091 .65 for one ( 1 ) 3/4 ton fifteen ( 15) passenger van; and, WHEREAS, the City Council is of the opinion that the bids submitted by JK Chevrolet and Kinsel Ford are the lowest and best bids and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by JK Chevrolet and Kinsel Ford in the amounts of $10,486.85 and $14,091 .65 for the purchase of two ( 2 ) 3/4 ton passenger vans are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - c Y 7. December 14, 1984 Council Letter 193 Honorable Mayor and Members of City Council Subject: Purchase of Excavating Machine and Multi-purpose Excavator Bids were received December 3, 1984, from four vendors for the purchase of an excavating machine and a multi-purpose excavator. These units will be used in the Drainage Division for ditch cleaning in the City of Beuamont. These units replace a 1977 and 1978 Gradall unit and, with this purchase, our com- plement of ditching equipment will remain at full strength. These two machines, while both used for ditching, are somewhat different in that the excavating machine is mounted on a rubber-tired carrier and is, therefore, somewhat smaller and more mobile. The multi-purpose excavator is a larger tracked vehicle that has to be transported on a low-boy to and from job sites. The bids are as follows: Excavating Multi-purpose Machine Excavator Midwestern Equipment $135,842.00 $162,938.50 Hi-Way Equipment 118,117.00 141,789.00 Patterson Equipment 141,860.00 170,330.00 Plains Machinery 105,950.00 147,671.00 The bid of Hi-Way Equipment of $141,789 for the multi-purpose excavator is the lowest quote meeting specifications. With respect to the smaller excavating machine, the bid of Hi-Way Equipment of $118,117 is the lowest quote meeting specifications. The piece of equip- ment offered by Plains Machinery fails to meet our minimum specifications in several crucial areas, all of which relate to the application and uses made of this particular machine. In numerous locales in this town, it is very im- portant that we set up the machine as close as possible to the ditch line, due to narrow streets, obstructions, etc. In these instances, we need a machine that can dig with a 90-degree vertical capability. In layman's terms, this means that the boom can be tilted 90 degrees from the horizontal . This allows close positioning of the machine in relation to the ditch line. Because of this, we specified a machine with a 90-degree vertical digging capability. The Plains Machinery bid did not meet this specification. Because of the heavy usage of this equipment and resultant operator fatigue, we also felt it important to specify equipment that utilizes the simpler, more Council Letter 193 December 14, 1984 Page 2 advanced "joy stick" type of control . This type of control , in our application, is preferable to the old type lever and pedal controls that require much more activity and effort on the part of the operator. Again, in this case, the Plains Machinery bid did not meet the specifications. In order to secure adequate horsepower for this machine, we specified a mini- mum of a 100 horsepower engine,., We feel that higher horsepower, in a heavy duty application, is preferable in that a higher rating will decrease engine overload and cause less wear. The Plains piece of equipment is rated at 85 horsepower. Funds for this total purchase of $259,906 are available in this year's Fleet Replacement budget. It is recommended that this resolution be approved. Karl Nollenberger City Manager • I L NQ 7 R E S O L U T I O N WHEREAS, bids were received for the purchase of an excavating machine and multi-purpose excavator for use in the Drainage Division; and, WHEREAS, Hi-Way Equipment of Houston, Texas submitted a bid in the amount of $118 ,117 for the excavating machine and $141,789 for the multi-purpose excavator; and, WHEREAS, the City Council is of the opinion that the bid submitted by Hi-Way Equipment 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 submitted by Hi-Way Equipment in the amounts of $118 , 117 for the excavating machine and $141,789 for the multi-purpose excavator for use in the Drainage Division is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - 8, December 14, 1984 Council Letter 190 Honorable Mayor and Members of City Council Subject: Purchase of Ten Dump Trucks Bids were received from five vendors for the purchase of seven 14-cubic yard dump trucks to be used in the Drainage and Streets Divisions and three 3-cubic yard dump trucks to be used by the Sewer Maintenance Division. All ten units are replacements for existing vehicles. Bids were received from the following vendors: 14-Cubic Yard 3-Cubic Yard "Dump Trucks Dbmp Trucks Beaumont Motor Company $261,390.50 $44,039.64 The Truck Ranch 255,679.83 N/B Kinsel Ford 275,688.00 N/B Tidelands International 267,925.00 N/B JK Chevrolet 259,583.03 43,396.74 The quote from the Truck Ranch of $255,679.83 is the lowest bid meeting speci- fications for the seven 14-cubic yard dump trucks and is recommended. The quote from JK Chevrolet of $43,396.74 is the lowest bid meeting specifications for the three smaller dump trucks and is recommended. The necessary funds for these units are available in this year's Fleet Replacement budget. It is recommended that this resolution be approved. Karl Nollenberger City Manager , R E S O L U T I O N WHEREAS, bids were received for the purchase of ten ( 10) dump trucks; and, WHEREAS, The Truck Ranch of Beaumont, Texas submitted a bid in the amount of $255,679.83 for seven (7 ) 14 cubic yard dump trucks and JK Chevrolet of Nederland, Texas submitted a bid in the amount of $43,396.74 for the purchase of three ( 3 ) 3 cubic yard dump trucks; and, WHEREAS, the City Council is of the opinion that the bids submitted by The Truck Ranch and JK Chevrolet are the lowest and best bids and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bids submitted by The Truck Ranch and JK Chevrolet in the amounts stated above for the purchase of ten ( 10) dump trucks are hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - Mayor - M- 9. December 14, 1984 Council Letter 200 Honorable Mayor and Members of City Council Subject: Purchase of Cold Mix Asphalt The Street Division of the Transportation Department utilizes cold mix asphalt for patching shoulder stabilization and similar maintenance. In the termino- logy used in this particular function, patch material is either put down hot, hence the term "hot mix, hot laid" , or without heat, hence the term "cold mix, cold laid". Both terms of patching are used by the City in this function. While "hot" patching is preferable because of the greater durability, it is obviously more difficult and expensive to handle because of the basic require- ment of keeping it hot. While we are addressing this problem in this year's budget with the purchase of a hot mix patching truck, it will always be neces- sary to utilize some quantities of the cold mix variety in routine mainten- ance. Within the asphalt industry, there are several manufacturers who produce what is called a "hot mix-cold laid" asphalt. This means that asphalt is mixed with suitable specified material in such a fashion that it will not harden after manufacture and can be stored and used as a cold patch material . In addition, there is also available within the industry a naturally occurring "rock asphalt" or "Uvalde" mix which is found in commercial quantities in Texas and Alabama. This particular material is suitable for use in "cold" patching and is commonly used by many entities. From a cost standpoint, it is roughly half as expensive ($1.00 to $1.10 per cubic foot) as commercially manufactured hot mix, cold laid asphalt ($2.20 to $2.40 per cubic foot) . For this year, staff estimated our use of the material at some 1,600 tons. Our base specifications for the rock asphalt are those used by the Texas Highway Department. Only one bid was received on this material - that of Whites Mines of San Antonio. This material is common to Uvalde County here in Texas and one other source in Alabama. The bid from Whites Mines is as follows: Approximately 800 tons, Class A, Type B $26.32/ton Approximately 800 tons, Class A, Type CC 26.62/ton Approximate total cost: $42,352 These bids equate to an approximate cost of $1 per cubic foot of material . It is recommended that this resolution be approved. Karl Nollenberger City Manager L � T,9'iYw+wwv-- R E S O L U T I O N WHEREAS, bids were received for the purchase of cold mix asphalt for use at the Street Department; and, WHEREAS, White' s Mines of San Antonio, Texas submitted a bid in the amount of $26 .32 per ton for 800 tons of cold mix asphalt Class A, Type "B" and $26 .32 per ton for cold mix asphalt Class A, Type "CC" at an approximate total cost of $42,352 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by White' s Mines is the only bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by White' s Mines in the amount stated above for the purchase of cold mix asphalt be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - N 10. December 14, 1984 Council Letter 195 Honorable Mayor and Members of City Council Subject: Purchase of Videotape Evaluator Cleaner The Beaumont Public Library circulates 1/2-inch videotapes at no charge to- all library card holders. The library currently owns 610 videotapes plus 130 more are on loan from the Houston Area Library System on a quarterly basis. In November, 1984 alone, these tapes circulated 3,245 times. As you can see, they receive heavy use. Each of these tapes must be inspected by a member of the library staff when checked back in to make sure that the tape still plays correctly. The equipment available to the librarians for this inspection is the same as the normal videotape machines used by the public. Consequently, the speed at which these films may be checked and made available again to the public is greatly reduced. To help alleviate this condition the Library, in its 1985 budget, recommended that the City purchase a videotape evaluator/cleaner for use by that department. This machine not only cleans videotapes, but also detects and counts physical tape defects while simultaneously removing con- taminants and polishing tapes. The tapes are inspected and cleaned at over 60 times their normal play speed. Loose dirt, oxide, and other debris are wiped away from both sides of the tape. The printer system produces a hardcopy record of the tape's condition and the locations of all defects. The staff has investigated and has found that this equipment is a fairly new concept in videotape care and that Research Technology International is the only vendor. However, in an attempt to secure bids from other manu- facturers, the competitive bid process was followed. Only one bid was re- ceived, that of Research Technology International , in the amount of $7,565. It is recommended that this resolution be approved. Karl Nollenberger City Manager ,;mtj'u'-;f T.,-M N-1 -L N3 / O R E S O L U T I O N WHEREAS, bids were received for the purchase of a videotape evaluator cleaner; and, WHEREAS, Research Technology International submitted a bid in the amount of $7,565; and, WHEREAS, the City Council is of the opinion that the bid submitted by Research Technology International is the only bid and should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Research Technology International in the amount of $7,565 for the purchase of a videotape evaluator cleaner is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984. - MayOr - CONSENT AGENDA DECEMBER 18, 1984 * Approval of Minutes. a. A resolution making committee appointments. b. A resolution appointing a Chair and Vice-Chair of the Senior Citizens Advisory Committee. c. A resolution authorizing Change Order No. 3 to the contract for the Water Treatment Plant improvements. d. A resolution authorizing purchase of a welding machine for use at the Water Reclamation Plant. e. A resolution appointing members of the Animal Health Advisory Committee. f. A resolution authorizing purchase of a vertical turret milling machine for use in the Water Reclamation Divi- sion. g. A resolution amending guidelines of the Community Develop- ment Block Grant Housing Rehabilitation Loan Program. ADDENDUM TO CONSENT AGENDA DECEMBER 18, 1984 h. A resolution authorizing renewal of a five-year lease with the National Guard Armory. a. December 14, 1984 Council Letter 201 Honorable Mayor and Members of City Council Subject: Committee Appointments A resolution on Tuesday's agenda for Council consideration would reappoint Patricia Williard and appoint Bessie Chisum and Cindy Mooney, on nominations by Councilmember Brumley, to the Historical Landmark Commission. Mrs. Chisum and Mrs. Mooney would replace Clare Benckenstein and Frank White, respectively, whose terms have expired. Their terms would expire October 31, 1986. It is recommended that this resolution be approved. �&4.Ms" Karl Nollenberger City Manager ��1 F�ir•f'tI R!J ���� ��,wyi� $ R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Expiration Appointments Reappointments Commission of Terms Bessie Chisum Patricia Williard Historical Landmark 10/31/86 Cindy Mooney Historical Landmark 10/31/86 James W. Seale Sr. Citizens 9/30/85 (Chair) Advisory Novella Lumbert Sr. Citizens 9/30/85 (Vice Chair) Advisory PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - b. December 14, 1984 Council Letter 202 Honorable Mayor and Members of City Council Subject: Appointment of Chair and Vice-Chair of Senior Citizens Advisory Committee The appointment of a Chair and Vice Chair of the Senior Citizens Advisory Committee is on Tuesday's agenda for Council consideration. The present Chair, Ida May Bouligny, no longer wishes to serve as Chair, but will con- tinue to serve as a member of the Committee. James W. Seale and Novella Lumbert, on nominations by Mayor Neild, would serve as Chair and Vice-Chair, respectively. Their terms would conclude October 31, 1985. It is recommended that this resolution be approved. Karl Nollenberger City Manager c. December 14, 1984 Council Letter 196 Honorable Mayor and Members of City Council Subject: Change Order No. 3 to Contract for Water Treatment Plant Improvements The original contract for Surface Water Treatment Plant Improvements, executed in September, 1982, involved increasing the capacity of a 35-year old, 10 million gallon-per-day infiltration plant to a 30 million gallon-per-day plant. The obsolete pumping and electrical equipment was changed out. This provided a modern laboratory and a new arrangement for office space and operating faci- lities. A third change order is needed, which consists of the following nine items: 1. Subsurface wash pump piping modifications $3,992.27 2. Relocation of 75 KVA transformer 525.82 3. Cut off switch for subsurface wash pump 141.67 4. Resistor for low head Pump No. 4 2,096.10 5. North flocculator end wall plug 1,416.05 6. Painting of north wall of south sedimentation basin 2,643.75 7. Credit for installation of 24-inch gate valve ( 700.00) 8. Credit for plugging 24-inch south plant suction line ( 500.00) 9. Credit for landscaping (1,180.00) These change orders total $8,435.66, bringing the revised contract amount to $6,165,941.10. It also allows for one additional day for completion. Original Contract $6,106,920.00 Change Order No. 1 (January 24, 1984) 2,828.00 Change Order No. 2 (April 17, 1984) 47,757.44 Change Order Nn. 3 (Proposed) 8t4 35.66 6,165,941.10 The total change orders amount to less than one percent of the original contract. There is a remaining dispute with the contractor concerning delay and the ac- curacy of the automatic chemical feed pumps. When these disputes are settled, the contract can be submitted for final payment. It is recommended that Change Order No. 3, in the amount of $8,435.66, be approved. Karl Nollenberger City Manager w, � d. December 14, 1984 Council Letter 192 Honorable Mayor and Members of City Council Subject: Purchase of Welding Machine Informal bids were taken for the purchase of a welding machine to be used by the Water Reclamation area on Lafin Road. This machine is necessary for the miscellaneous welding needed in the normal operation of the Water Reclamation Division. Bids were received from the following vendors for this machine: Big Three Industries $1,275.00 Russells Rental 1,997.00 American Welding Supply 1,352.00 A. L. Welding Products, Inc. 2,100.00 Amerigas, Inc. 1,274.00 Big State Welding and Industrial Supply 2,497.75 It is recommended that the low bid of Amerigas, Inc. , in the amount of $1,274, be approved. Karl Nollenberger City Manager NT kj R E S O L U T I O N WHEREAS, informal bids were received for the purchase of one ( 1 ) welding machine; and, WHEREAS, Amerigas, Inc. of Beaumont, Texas submitted a bid in the amount of $1 ,274 ; and, WHEREAS, the City Council is of the opinion that the bid submitted by Amerigas, Inc. 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 submitted by Amerigas, Inc. in the amount of $1 ,274 for the purchase of one ( 1 ) welding machine is hereby accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 1984. - Mayor - e. December 14, 1984 Council Letter 205 Honorable Mayor and Member of City Council Subject: Animal Health Advisory Committee State statute requires every city in which an animal shelter is located to appoint an advisory committee to assist in complying with the requirements of the Rabies Control Act of 1981 . Incorporated in the most recent amendment to the animal code is the establishment of an Animal Health Advisory Committee for the City of Beaumont composed of a licensed veterinarian, a city official, the city animal shelter superintendent and a representative from the local humane society. These persons are to be appointed for a one ( 1 ) year term. It is requested that the City Council pass a resolution appointing the members of the Animal Health Advisory Committee for the City of Beaumont. 12'k k1 Karl Nollenberger City Manager f. December 14, 1984 Council Letter 189 Honorable Mayor and Members of City Council Subject: Purchase of Vertical Turret Milling Machine Bids were received from five vendors for the purchase of one vertical turret milling machine for use in the Water Reclamation Division. This machine cuts steel and will be used in the making and maintaining of pump parts for Water Reclamation. Bids were received from the following vendors for this machine: Williams Machine Tools $5,171 Amalgamated Supply Company 3,960 DoAll Texas Company 4,865 Brodhead Garrett Company 4,375 Briggs Weaver, Inc. 6,895 The bid of Amalgamated Supply Company of Houston, Texas, is the lowest quote meeting specifications. It is recommended that this resolution be approved. Karl Nollenberger City Manager 9• December 14, 1984 Council Letter 204 Honorable Mayor and Members of City Council Subject: Amending Guidelines of Community Development Block Grant Housing Rehabilitation Loan Program At the Work Session of the City Council on December 11th, a discussion was held concerning the proposed amendments to the Community Development Block Grant Housing Rehabilitation Loan Program guidelines. A resolution is recom- mended by the Citizens Advisory Committee, authorizing amending the guide- lines for the CDBG Housing Rehabilitation Loan Program, appears on the December 18th agenda. The guidelines would allow the City to take a second lien position on the residential structures that are to be rehabilitated both inside and outside the Community Development Strategy Area. In addition, the multi-family program would be amended by reducing the interest rate from twelve percent to five percent, but still require the owner to provide fifty percent of the rehabilitation costs from private sources for structures inside the Community Development Strategy Area. It is recommended that this resolution be approved. Karl Nollenberger City Manager y `s s ray 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 amend the guidelines for the C .D. B .G. Housing Rehabilitation Loan Program in the form attached hereto as Exhibit "A" . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1984 . Mayor - December 18 , 1984 Council Letter 188 Honorable Mayor and Members of City Council Subject: Texas National Guard Armory Lease Renewal The Texas National Guard wishes to renew the lease for the property they presently occupy, bounded by College Street on the south and the Best Years Center on the north. The Texas National Guard has had the property leased from the City of Beaumont since November 15 , 1965. The present lease expires November 15 , 1985. The National Guard wants to renovate and expand the National Guard Armory at an estimated cost of $520,000, using both state and federal funds. The Texas National Guard wishes to extend the term of the lease to the 2 .5 acres of land to accomodate their expansion. Due to the fact that this land is Parks property, it cannot be encumbered for lease terms in excess of five years. It is proposed that the City enter into a five-year lease with the Texas National Armory with options to renew it at the end of the five-year period The Parks and Recreation Advisory Committee, at a meeting on June 18 , 1984, recommended that the lease be renewed. It is recommended that this resolution be approved. Karl Nollenberger City Manager lu 'iG11I, LeA4G) ARMY RLSERVE _ w o � w TANNIN i W _5T4GG ' = 84PTIST - f�Q WALL F- HOSPITAL - -z m W COLLEGE > / - W j / O SCREE I'= 100' VICINITY ► 2000' �^ N89° 597. 351.2 T� I I. N "'7� S "•�„L' N H �r N • Zt V. r N n O 0 1 0 C QIJ C-M OAU p[L M S890 5B E 300 1 � rn CONC.MONUMENT ' t0 �CONC.MONUMENT AREA a 6.16 AC. �CV1• W N •`� O \ C o P o PARKING VEHOICOLE hh 2 _ BEDG R,h QG r'NIIKING R.c. Q' A R M O R Y 4 � , l � C(tl;,�. A1fINlIMI NT �� fig W -`_ --'-----------------tea. r WORK SESSION AGENDA DECEMBER 18, 1984 CITY COUNCIL CHAMBERS I. Discussion of speed zones. 2. Discussion of train speed limits. 3. Discussion of ARA Fleet Maintenance. 4. Discussion of landfill closure plans. 5. Discussion of Policy Manual for the Beaumont Municipal Transit System. 6. Discussion of Legislation.. w W/S December 14, 1984 1. Council Letter 187 Honorable Mayor and Members !of. City Council Subject: Speed Zones At a previous Council meeting, Councilmember Moore requested and the Transportation Department has completed a review of all speed zones that have a posted limit greater than 30 miles per hour. The purpose of the re- view was to determine if the posted speed limits reflect the most proper and reasonable speeds for the given procedures. The procedure to establish speed zones includes an analysis of accidents, types of land use, terrain and travel speed. There are currently 75 speed zones within the City that have speed limits greater than 30 miles per hour. A total of 91 speed surveys were conducted during our review of the speed zones. The results of the speed surveys in- dicate that the majority of the posted speed limits are within reasonable limits. Only one location, 11th Street from College to Edmonds, appeared to have a posted speed limit greater than normal guidelines would justify. It is recommended that the speed limit be reduced from 40 miles per hour to 35 miles per hour within this section. Speed surveys have also been completed on the new section of Phelan Boulevard, from Prutzman to Major Drive. The survey indicates that the 85 percent of drivers travel at or less than approximately 42 to 47 miles per hour. Based on the study, it is recommended that the speed limit be established at 40 miles per hour. The proposed amendments will also rectify limits of zones affected by the street name change associated with Phelan Boulevard construc- tion. In addition, several requests have been received to raise the existing 30 miles per hour speed limit on Walden Road from Fannett Road to Major Drive. A speed and accident survey was conducted and the results indicate that the existing speed limits on some sections of Walden Road are not reasonable. The section of Walden Road from Fannett Road to IH-10 is basically residen- tial . Speed surveys indicate that the existing 30 miles per hour speed limit is appropriate. During the last three years, there have been nine accidents within this section. The second section of Walden Road is from IH-10 to approximately 3,900 feet west of IH-10. This area is generally commercial , or vacant, with one re- sidence. There have been ten reported accidents within the last three years. Three of the accidents could have been speed related. A speed limit of 35 miles per hour is recommended. Council Letter 187 December 14, 1984 Page 2 The third section of Walden Road to be surveyed is from 3,900 feet west of IH-10 to Major Drive. Within this 1.2 mile section, there are no commercial or residential structures. It would be considered as an undeveloped or rural area. Only two of the seven reported accidents that have occurred during the last three years could be considered speed related. A 45 mile-per-hour limit is recommended. It is recommended that Section 26-23 of the Code of Ordinances be amended as follows: Direction Speed Street Limit's of Zones of Travel M.P.H. 11th Street a. From the centerline of North Blackmon Lane to a point and 325 feet north of Sweetgum South 45 b. From a point 325 feet north of Sweetgum to a point 185 North feet north of the centerline and of Ashley Street South 40 c. From a point 185 feet north of the centerline of Ashley North to a point 485 feet south of and the centerline of College South Street (U.S. 90) 35 d. From a point 458 feet south of the centerline of College North (U.S. 90) to a point 150 feet and south of the centerline of South Edmonds 35 e. From a point 150 feet south of the centerline of Edmonds North to the centerline of Fannett and' Road South 35 Calder Avenue From a point 230 feet west of the centerline of Caldwood East cutoff bridge to a point 610 and feet west of the centerline West of Arlington 40 Council Letter 187 December 14, 1984 Page 3 Direction Speed Street Liinits: of Zones of Travel M.P.H. Phelan Blvd. a. From a point 300 feet west of the centerline of Calder East to a point 2,800 feet west and of the centerline of Major West Drive (FM 364) 40 b, From a point 2,800 feet west of the centerline of Major East Drive (FM 364) to the west and City limits West 50 Walden Road a. From a point 350 feet west of the centerline of IH-10 to a East point 3,900 feet west of the and centerline of IH-10 West 35 b. From a point 3,900 feet west East of the centerline of IH-10 to and the centerline of Major Drive West 45 �a),, rAo ,� Karl Nollenberger City Manager W/S December 14, 1984 2. Council Letter 186 Honorable Mayor and Members of City Council Subject: Train Speed Limits We have recently completed our review of Missouri Pacific, Southern Pacific and Santa Fe requests to raise train speed limits within City limits. As a part of our review adjacent land use, traffic volumes, train/vehicle acci- dents, existing protection devices and sight visibility were taken into con- sideration. In addition, railroad company practices and train characteristics were also reviewed. The Missouri Pacific Company is requesting that the speed limits for their tracks be raised to 40 miles per hour between the west City limits and the Avenue C crossing. There are six at-grade crossings within the above limits. Four of the locations have automatic warning devices and two locations, Keith and Todd, have only crossbuck signs. The traffic volumes on Keith and Todd are approximately 1,200 vehicles per day. Since 1981, there have been seven train/vehicle accidents. Only two of these accidents have occurred at the crossings without automatic warning devices. Sight visibility is somewhat restricted by trees at the Keith and Todd crossings. Action is being taken to eliminate the sight restrictions. Southern Pacific is requesting that the speed limit for their tracks be raised to 40 miles per hour from the west City limits to Langham. There are six at-grade crossings within this section. All the crossings, except Keith Road, have automatic warning devices. The traffic volume on Keith Road is approximately 1,250 vehicles per day. Our records indicate only three train/vehicle accidents have been reported since 1981. Sight visibility is somewhat restricted by trees along the northern side of the tracks. Action is being taken to eliminate the sight restrictions. Santa Fe is requesting that the speed limits be raised to 4a miles per hour between the north City limits and the Lucas crossing. Within this section, there are six at-grade crossings. None of the crossings have automatic warn- ing devices. The maximum traffic volumes at these crossings are approximately 1,000 vehicles per day. Since 1981, there has been one train/vehicle acci- dent. Sight visibility at the crossings is adequate. The railroad companies are requesting the speed limit increases for economic and safety reasons. Representatives from the companies have indicated that the present 20 miles per hour speed limits increase operating costs and travel times through the City. Council Letter 186 Decemher 14, 1984 Page 2 In addition, a lower train speed limit increases the noise duration and the amount of time that a crossing is blocked, Recent studies by the Associa- tion of American Railroads indicate that derailments are related to the speed of the train, Certain special dynamic actions of trains may take place that involve the interaction of several factors. These factors are harmonic roll and bounce. Harmonic roll is associated with the side-to-side rocking action of a car. A harmonic roll derailment usually occurs in a speed range of 10-25 miles per hour, Bounce is associated with the vertical bobbing of the train and usually occurs at speeds above 40 miles per hour. A meeting with the State Department of Highways and Public Transportation, Missouri Pacific, Santa Fe, Southern Pacific and the City will be held to determine the availability of funding for automatic crossing protection at the locations presently utilizing crossbuck signs. It is recommended that Section 26-26 of the Code of Ordinances be amended as follows: Upon any railroad track located between the points designated in this section, it shall be unlawful for any railroad engineer or any other person directly in control of a railroad train, car or locomotive to be run at a speed greater than the maximum speed prescribed as follows: Maximum Speed Railroad "Company/location or Tracks (Miles per hour) Missouri Pacific/West City limits to Avenue C 40 Santa Fe/North City limits to Langham 40 Southern Pacific/West City limits to Langham 40 All other tracks within City limits 20 �'L7 Karl Nollenberger City Manager I t � � f��, f w t..:f >r:k•. .b:'.'9q%�•NF.E3. ';.4 �Re'M�V�.u� liFy,. � ° s 1 1 1 ci r 1.0 � t I s s 4 loll December 14, 1984 WAS 3. Council Letter 206 Honorable Mayor and Members of City Council SUBJECT: Fleet Maintenance BACKGROUND During most of the calendar year of 1982, the City staff conducted an on—going investigation and analysis with respect to the range of solutions that were available to the City in order to solve an ongoing problem of the quality and cost related to the Fleet Maintenance function of the City. The problem, from a cost standpoint, is clearly understood when reading the following figures: FY 79 FY 80 FY 81 FY 82 Revenues $1 ,789,823 $2,336,650 $2,197,131 $2 ,720,402 Expenditures 1 ,875,783 2,622,914 2,793,372 3,155,236 Fund Status (Deficit) 110,471 (175,793) (772,034) (956,868) Per Cent Increase in Expenditures 40% 7% 13% Source: City Audits These trends clearly indicated that some different manner of management of this important, crucial function of the City operations needed to be identified and acted upon. We had during the early part of 1982, made efforts to improve our internal operation of the system by instituting a second shift at the fleet operation, by improving our management_ controls of such things as, "hours charged to department" on work orders, tightening up on procedures used in issuing parts from the central warehouse, reducing by attrition the numbers of individuals assigned to the Fleet Maintenance Division and, in general, attempting to solve the problem without recourse to wholesale changes in personnel or in the method of delivery of the service. However, it was apparent that by the summer of 1982 that success of any significance in our operation of the system had not been achieved. As a result, discussions commenced with respect to the possible contracting out of the service to an outside vendor. Specifications covering bid requirements were prepared and bids were taken in August, 1982 after we had prepared a minimum operationing budget for doing the Fleet Maintenance operation ourselves. The following table is the information that was utilized in September 1982 in the discussion relating to the award of the bid to ARA Services as the low bidder in this service. ANALYSIS OF BIDS CITY 1983 BUDGET CATEGORY EXPENSE ARA BID LEAR SIGLER PARTS 898,000 487,000 711,000 SALARIES 968,600 466,500 596,715 GEN & ADM. 87,400 97,400 232,680 TARGET PRICE 1,954,000 1 ,050,900 1,540,395 MAX ANN. COST 1 ,954,000 1 ,261 ,000 1,756,050 OTHER EXPENSES FUEL 812,000 812,000 812,000 UTILITIES 40,000 40,000 40,000 VEHICLES 20,000 20,000 20,000 REIMBURSABLE 150,000 150,000 150,000 TOTAL 2,976,000 2,263,000 2,778,050 ARA assumed operation of the City system on October 1 , 1982 and has since that time managed the City Fleet Maintenance component. It is pertinent to note that the principal difference between the ARA proposed operation in 1982 and that of the City operation, was that ARA proposed a significant reduction in the total numbers of personnel assigned to the function. At the time of the changeover from the City-controlled operation to ARA's management, the City had some 41 people authorized for this function. By way of contrast, ARA proposed a maximum staffing of some 24 people. Since fiscal 1983, the costs associated with the total operation have been as follows: FY 1982 FY 1983 FY 1984 REVENUES $2,720,402 $2 ,237,089 $2 ,293,396 EXPENDITURES 3,155,236 2,347,199 2,345,605 FUND STATUS ( 956,868) (1 ,077,518) (1,129 ;727) In taking these figures and comparing them against our anticipated budgeted figure of $2 ,976,000 for fiscal year 1983, it is apparent that, from a fiscal perspective, considerable savings in direct costs of fleet maintenance have been realized in the first two years of this contract. This is even more accentuated by comparison of the 1984 costs to the 1982 costs in this program. The slight increase in the fund deficit over these two years is the result of our failure to completely cover our internal costs associated with the Fleet operation which are outside of the ARA operation. These costs generally are associated with building maintenance and utilities. We have adjusted our internal charge for services in the year's budget in order to correct the problem. This charge will be sufficient to cover our operational costs and the salary of our Fleet Coordinator who is assigned to the site on a full time basis. In the 1985 budget, we totally eliminated this deficit by a transfer from the General and Water Utilities Fund. However, it is difficult at this time to state that other prime objectives for this switch in operations, in addition to cost savings, have been met. These objectives included reduction of excessive down time, improvements in work quality, elimination of an inadequate preventive maintenance program and bad record keeping. While improvements have been made in certain of these areas, neither ARA nor the City can state that sufficient progress has been made generally in addressing all of these important issues. While, in our opinion, it is counterproductive to assign blame for these failures, it is necessary to, at least, describe some of the reasons why we have collectively failed in addressing all of these problems. From the City perspective, a guarantee was made to ARA that a completed vehicle information system would be ready for use on their takeover on October, 1982. Because of various technical and personnel problems, the City was not able to meet this commitment and an operational system was not ready until January of 1983. In addition, the City also committed that the new central fleet building on Lafin Drive would be ready for occupancy by January or February of 1983. Again, because of circumstances largely beyond the City's control, the building was not ready for occupancy until June and July of 1983. With respect to preventive maintenance, the contractor did institute a rudimentary preventive maintenance program schedule in 1983, and efforts were made by both ARA and the City to follow said schedule. Again, because of problems on both sides, the program collapsed of its own weight in October of 1983, and efforts to again institute a systemized preventive maintenance program did not commence until mid-June of this year. It is safe to say that a great deal of importance is being given by the City to insure that we successfully meet our obligation with respect to a preventive maintenance program. Our joint efforts to improve preventive maintenance will be discussed in more detail later in the report. From ARA's perspective, the two plus years of their contract have seen two managers come and go with the inevitable loss of continuity that always occurs when key management individuals are replaced. At present, ARA has on site a Mr. Gary Engberg, who, from all accounts, is highly qualified and competent to address the many problems that remain in this operation. Mr. Engberg is taking steps to improve the problems still associated with excessive down time, the quality of work performed and the fairly poor record keeping that still exists in our system. We have attached to the report a summary of recent actions taken by Mr. Engberg in dealing with the management of the facility. In order to ascertain how ARA is performing when gauged by use of objective criteria, we have been frustrated in making a comparison against data that is derived from the period of time when the City operated the central maintenance facility. In point of fact, such data to use in any type of valid comparison does not exist. We, therefore, have been limited to comparing data that originates in 1982 with the assumption of the operation from ARA and projecting forward from that time. The following tables show some statistics with respect to down time as well as average work order backlog. WORK ORDERS PROCESSED *(With labor hours equal or over 0.1 hours) Avg. Days Avg. Work Orders Downtime Per Labor Hours Month Processed * Work Order Per work Order January 1983 930 1.23 2.3 February 1983 864 0.87 2.5 March 1983 999 0.78 2.2 April 1983 789 0.97 2.2 May 1983 834 1.22 2.3 June 1983 878 1.60 2.2 July 1983 828 1.09 2.0 August 1983 834 0.80 2.1 September 1983 967 1.84 2.4 October 1983 781 1.77 2.6 November 1983 504 2.40 2.6 December 1983 630 2.63 3.0 January 1984 696 1.75 2.7 February 1984 749 1.75 3.0 March 1984 888 1.79 2.9 April 1984 789 1.32 2.7 May 1984 815 1.30 2.8 June 1984 996 1.33 2.4 July 1984 816 1.62 2.3 AVERAGE 820 1.47 2.5 SUMMARY OF DOWNTIME, AND AVERAGE WORKORDER BACKLOG Number Downtime Average Repair Per Work Order Month Orders Work Order Back Log October 1982 1079 15.25 N/A November 1982 1029 15.17 N/A December 1982 1453 11.04 N/A Qtr. Average 1187 13.51 January 1983 1278 13.00 N/A February 1983 1321 8.03 N/A March 1983 1316 7.93 N/A Qtr. Average 1305 9.62 April 1983 1138 6.65 N/A May 1983 1237 9.42 N/A June 1983 1307 12.29 N/A Qtr. Average 1227 9.59 July 1983 1184 6.76 N/A August 1983 1163 4.62 N/A September 1983 1345 8.64 N/A Qtr. Average 1231 6.77 October 1983 1104 8.98 92 November 1983 887 11.75 85 December 1983 1070 14.52 87 Qtr. Average 1020 11.72 88 January 1984 985 9.53 62 February 1984 952 12.61 42 March 1984 1266 7.43 47 Qtr. Average 1068 9.61 50 April 1984 1130 6.49 40 May 1984 1202 6.41 32 June 1984 1474 6.93 38 Qtr. Overage 1269 6.64 37 In our opinion, these tables taken collectively show only slight improvement in these areas. There is an apparent reduction in the backlog of work orders that are being carried over from day to day. However, this data will need to be kept for alonger period before any final conclusion can be drawn. In order to provide a basis of measurement as to how key departmental managers feel about this operation, a brief survey of opinions was done with the following result: 1. Do you feel that the ARA performance since 1982 is 1 better than the previous city operation 3 worse than the previous city operation 4 no change 4 no opinion 2. Has the % of downtime improved by comparison to city operation? 2 Yes 4 no opinion 6 No 3. Has the % of downtime improved since ARA began in 1982? 3 Yes 2 no opinion 7 No 4. With respect to the quality of work is ARA better than the previous city operation? 1. Yes 2 no opinion 9 No 5. With respect to the quality of work, has ARA improved it's performance since 1982? 5 Yes 1 no opinion 6 No In order to improve the situation from the City perspective, a position of equipment coordinator was assigned to the Fleet area and an individual since mid-June of 1984 has been housed full time at the Center in order to improve all possible elements of the City's fleet program. Since that time a fleet user's committee has been revitalized and their first output is a fleet user's manual, a copy of which is attached to the report. The manual was developed over a several-month period with considerable input from division and department heads. The manual has as its first priority the institution of a successful preventive maintenance program. As stated earlier, City staff are committed to ensuring that a successful program is instituted and remains viable. To that end, certain changes have been made to the City vehicle management system to allow the use of computer generated preventive maintenance schedules for use by all personnel. As can be seen from a brief look at the manual, a far greater degree of operator responsibility will also be insisted upon by line departments. In addition, a meeting was also held with ARA management and ARA was informed in very precise terms that the operation of this facility would have to improve or appropriate steps would then be taken by the City. The original contract entered into by the City called for a three-year initial period of operation, followed by two one-year options available to both parties. The third year of the ARA operation will expire in September, 1985. At that time, the City will have the following options: (1) Terminating the agreement and rebidding or assuming the operation itself. (2) Granting a one or two-year option as is allowed under the conract. City staff, over the past two months, has had extensive discussions with ARA management personnel with respect to their obvious interest in continuing to operate this facility at this location. ARA has expressed willingness to improve and/or modify the contract to meet certain specified objectives of the City, has already instituted certain significant management and operational changes which should be of benefit to both parties, and is preparing at this time certain suggestions in language in the contract which will be reviewed by both parties. While it is premature to speculate on the success of these discussions, it is apparent that a decision with respect to the direction that the City will take must be made within the next several months in order to allow sufficiently time for action. Accordingly, we are preparing recommendation with respect to City direction will be forthcoming by no later than the end of January. We feel that it is imperative that the issue be resolved for all parties in order to allow some continuity in managing this important municipal facility. We will be available for discussion at the work session. Karl Nollenberger City Manager .Vi 4' services Inter-Office Memo To: Hugh Earnest From: Gary Engberg Assistant City Manager Division Manager , ARA. Subject: ARA Fleet Operations Date: 12-12-84 Update. I have appreciated the candor expressed on the part of supervisors and yourself regarding goals and concerns still to be addressed in the maintenance of the City fleet as well as a needed City program in operator accountability. I am sure all parties concerned will agree that management of a fleet of this size and make- up is a major task and needs full commitment on the part of all persons involved . I reviewed the document you gave me which identified 4 areas of concern. Those concerns are as follows : 1) A need to reduce downtime. 2) A need to improve work quality. 3) A need to implement a preventative maintenance program. 4) A need to improve record keeping . ARA has some specific operational plans that I think will deal with these concerns . These plans are either in place or will be in the near future . They are as follows : 1) A training plan has been identified and is currently being implemented for ARA staff . The plan is designed to build employee skills in areas directly applicable to fleet needs . 2) A procedure system will be used in performing routine tasks in the shop. It is anticipated this approach will assist us in cost control and greater predict- ability in quality and time spent on jobs . 3) Staff will be managed by a goal setting system, this , when in place , will put an emphasis on flat rate projections and acceptable job quality . 4) A servcie writing procedure has been updated to provide better downtime and vehicle repair records . 5) The repair facility , along with equipment , has been zoned to provide better work flow. 6) A "HOT SHOT" or fast service line will be in operation to assist in getting small emergency needs completed with minimum down time. Sec-5o a Pafe 2 7) ARA is currently assisting City management in providing quality training for drivers and operators . This joint involvement is considered to be ongoing and necessary to achieve acceptable fleet operation levels . 8) ARA assists City management in preparing new vehicle specifications as well as equipment retrofit . 9) A review and inventory of fleet repair parts needs is nearly completed . This review will be the basis for updating parts room inventories representative of current needs . 10) A maintenance schedule has been designed and is now on the computer for fleet vehicles . May I assure you ARA shares your fleet management concerns and will continue to make every effort to build a quality fleet management system. W/S December 14, 1984 4• Council Letter 207 Honorable Mayor and Members of City Council Subject: Pine Street Landfill Closure On October 15, 1984, the Texas Department of Health accepted the City' s Pine Street Landfill Closure plan developed by CRH Associates. The next step in this closure is the construction phase for which plans, specifications and inspection is required. The construction phase will consist of placing a clay cover over the waste and provide for drainage of the landfill site. The total estimated cost for the landfill closure is $1,400,000. Attached is a copy of the closure plan and drawing of the landfill site for your information and discussion. A member of the CRH firm will be present to answer any questions you may have. 42J. L Karl Nollenberger City Manager CLOSURE PLAN FOR THE PINE STREET LANDFILL BEAUMONT, TEXAS Final Cover The only portion of the Pine Street landfill in need of clay fill to meet the State regulations for closure is in Section II (see map 1/4 ) and is approximately 76 acres . The final cover for this area will consist of a minimum of 12 feet clay, with unified soils classification of SL or CL, compacted in layers of no more than 6 inches to help minimize the water infiltration potential . An additional 6 inches of topsoil, capable of sustaining vegeta- tive growth, will be placed over the clay and then be seeded and fertilized (see specifications) during the first growing season following application of final cover to help minimize erosion. The estimated amount of fill needed for cover is 320 , 071 cubic yards . The remaining 86 . 83 acres (Section II ,Map 1/4 ) , which includes the Fire Department training grounds and the Beaumont Boat Club, generally meet the State Regulations concerning fill and should not require any work for closure. Drainage The drainage of the 76 acre landfill shall be by sheet flow over the mounded area on all sides and then on the south and west sides the runoff will continue by channel flow to the discharge points . The north and east face of the completed landfill will drain to the timber marshland and Neches River respectively. The south face will drain to an existing small ditch and then to the river. The west face will drain to an existing slough which inturn flows to the marsh area north of the landfill . The estimated runoff from the 76 acre landfill area is as follows: North Face - 12 . 61 c . f. s . South Face - 27 . 50 c. f. s . East Face - 25 . 0 c. f. s .- West Face 31. 25 c. f.s . Leachate Monitoring No leachate monitoring wells will be installed as part of this closure plan. The Engineering Consultants feel that contamination of subsurface water by leachate is highly unlikely. The increased head needed to push the leachate into the aquifer can only be caused by ponding and seepage of surface water on the final cover. The impervious clay material and continued inspection by the Site operator should prevent any ponding and seepage. ' CLOSURE PLAN FOR THE PINE STREET LANDFILL Cont' d. Page 2 Methane Gas Monitoring The City will not install methane gas venting equipment under this closure plan, because no evidence of methane production was observed while surveying the landfill for closure. During post closure inspection, any evidence of methane gas production will be forwarded to the State Health Department for review. The City ' reserves the right to periodically investigate methane gas , for recovery on the landfill site. ' Post Closure Inspection For at least the first five years after closure , the site operator shall periodically inspect the site and correct as necessary any ' problems associated with erosion of cover material, vegetative growth, leachate and methane migration and subsidence or ponding of water on the site . If any of these problems persist the operator ' shall be responsible for their correction until the Department of Health determines that the problems have been adequately resolved. Construction and Cost Estimate At such time the Department of Health approves the Pine Street Landfill Closure Plan, the City will prepare bid packages for ' the hauling, spreading and compaction of the imported clay material specified for final cover. The estimated cost breakdown is : 1. Earthwork and Fill $1,250 ,500. 00 2. Additional Dozer Work for Drainage 10 ,000 . 00 ' 3. Seed and Fertilize 9 ,500. 00 4. Construction Engineering 10 ,000. 00 5 . Construction Inspection 15 ,000. 00 ' 6. Contingencies 10 ,000. 00 Total $1, 305 ,000. 00 The construction schedule after receiving approval from the State Health Department will be as follows: ' 1. Prepare Bid Package 60 Days 2. Advertise for Bids 30 Days I , CLOSURE PLAN FOR THE PINE STREET LANDFILL Cont' d. Page 3 3. Award Bids 30 Days 4. Begin Construction 30 Days 5. Construction 165 Working Days Any changes in the information above will require a Closure Plan Ammendment. Future Development iThe City of Beaumont has no plans for any type of Development on the landfill site. W/S December 14, 1984 5. Council Letter 197 Honorable Mayor and Members of City Council Subject: Policy Manual for Beaumont Municipal Transit During the past year, the Urban Transportation Department and the Transit Ad- visory Committee have developed a proposed policy manual for the Beaumont Municipal Transit System, The manual combines past policies, such as for the Special Transit Services Program, with clarification and development of poli- cies to further assist in operation of the transit system. The proposed policy manual is generally grouped into the areas of Public Ser- vices, Operations, Financial , Purchasing and Maintenance. Significant features include the following:. - On January 4, 1984, the City Council adopted contract charter rates. Criteria for contract charters are identified in the manual (Page 3) . - The fare structure is directed toward a recovery of 30 percent or more of operating costs from the fare box (page 4) . This is in accordance with past practice, Ordinance amendments are still required for fare changes. - Commercial advertisement is not allowed on transit vehicles. Public Service Announcements may be al- lowed on the interior of the buses only (page 6) . Commercial advertisement has been solicited in the past through a range of firms from local to national . However, revenues ranged from $300 to $3,000 per year. It is not believed that the revenue justifies ex- penses associated with administration and upkeep of sign racks, and the negative aesthetic impacts -of signs on the buses. - Service Standards and indicators related to passenger loads (page 6) , service frequency (page 7) , schedule adherence (page 8) , and overall performance (page 9) are outlined. Although the service frequencies and standards do not immediately alter the current ser- vices, criteria would be applied to any service ad- ditions, deletions, or modifications proposed for con- sideration. • 4 � Council Letter 197 December 14, 1984 Page 2 - Utilization of Minority Business Enterprises and Women- Owned Businesses is identified with goals of ten percent and three percent participation, respectively. The Tran- sit Advisory Committee had proposed a two percent goal for Women-Owned Businesses; however, the Urban Mass Transportation has recently indicated a three percent goal is generally the minimum acceptable goal for pro- jects with Department of Transportation acceptance. On November 15, 1984, the Transit Advisory Committee recommended (3-0) adoption of the proposed policy manual . It is recommended that this resolution be approved. Karl Nollenberger City Manager PROPOSED POLICY MANUAL FOR BEAUMONT MUNICIPAL TRANSIT SYSTEM ti City of Beaumont 1984 F + TABLE OF CONTENTS Page Administration... . ......... . ... . ........... ..... ..... ... .. ..... . .....1 Organizational Chart... .............. ........ .... ....... ....... . .... .2 PublicServices....... .. ... .... .... . ..... .... . ..... . .. ....... .. ... . ..3 ServiceDays. ..... .... ... .. .... .................. .. ....... ... . .....3 Information Dissemination.... . ....... ......... ... .. ..... ..... .. .. ..3 SpecialTransit Service..... .. ..... ....... .... ..... .... . ..... .... . .3 BusCharters. ............ .. ..... ............ ..... .. .. . .... ... .... . .3 Identification Card. ... .. ....... ... .............. . . ... .. .. ... .... . .4 Transit Fares... ..... ... .. . ... ..... .. ..... ....... .. . .... . .... .. . ...4 Transfer.... . .. ..... .. ....... .. .... ....... .. ... .. ....... ..... .. .. . .4 Tours... .. ... .. . . ... ..... . . ..... . . .......... ... . ...... .. . . . ... .... .4 Operations. .... ... .... ..... .. . . . .. .... ... ... .. ... .. . . .. ... ....... ....5 Goals and Objectives. .... ... .. ...... ...... ....... .. .. .. . . .. .. . . .. . .5 Requests and Suggestions. .. . .... .. . .... ... . ...... ..... . . ..... .. ....5 Smoking on Vehicles.. .. ............ .. ....... . .. .... . .... ..... .... . .5 Alcohol on Vehicles. . .... .. . ............ .. ..... . . .. .. . .... . ... .... .5 Animals on Vehicles.... .. . . .......... ...... ...... .. . ....... .. ... ...5 Advertisement.. ..... .. ... ....... .. ......... .... ... .. .... ..... .. .. ..6 Driver Training...... .... .... ........ ....... ... .... ..... . .... ..... .6 Route Configuration...... .. . .. ...... ... ... . .. .. . . .. ... . ... ... . .... .6 Service Correlation Standards... .. .. . ...... . ...... . . . . . .... .. ... . ..6 Passenger Load Standards..... ... . .. .. .. ... .. ... .. .. .. ... . . . . . ......6 Service Frequency (Headways). .. .... .... . ...... ... .. .... . ..... .. .. . .7 Passenger Support Facilities......... ....... . .. .... . . . ............ .7 Special Promotions....... .. ...... .. ........ .. .... ... .... . .... ... . ..8 Schedule Standards... ........... ....... .. ...... ..... ..... ..... .... .8 Operating Performance Evaluation.. .................... . .. .... .. .. . .9 Financial. ...... . ...... .... ..... ... .. .... . ......... .. .... . ..... .. ...10 Budgets. .. ... ....... ..... .... .. ...... ....... . .. .... .. ...... ...... .10 Accounting. .... ... . .. .... . . ...... .. ....... ....... ... .... .. . .......10 Financial Reports... .. . .. .... .. ......... .... ... . . .. ... .. . . ... .....10 Other Reports and Grants. .. ............ ....... . .. .. . .. ....... .....10 N Purchasing.... ...... . .. .... ..... ... .. .... .. . ...... . .. ... .. ..... .. ...11 Maintenance. ........ .... . .. .... .... .. . ....... ... ... ... .... ....... . ..12 Maintenance. . .. . .... . .. .. .... ... .. ... ... . .... .. .. .. . .. .. . .... . ....12 Equipment Records. .. . .. .. . . ...... . .. ...... . .. ... . .. ... . . . .........12 Appendix A - Management Agreement Appendix B - Current Fare Structure Appendix C - Policies and Procedures for the Special Transit Service Program ADMINISTRATION The Beaumont Municipal Transit System is municipally owned and operated under a management contract between the City of Beaumont and the private management firm of Beaumont Transit Company, a Texas corporation and subsidiary of City Coach Lines, Inc. of Jacksonville, Florida. A copy of the management agreement is provided in Appendix A. The system operates in accordance with federal, state and local regulations, the City Charter, policies of the City Council, administrative guidelines, and sound transit management practices. The City maintains administrative control of the system under the direction of the City Manager through the Director of Urban Transportation. As may be appropriate, other City departments support the activities of the transit system. Beaumont Transit Company provides the necessary personnel to perform all required duties of operating the system including operations, maintenance and administrative functions. The firm is responsible for the efficient and professional operation of the system. The organizational arrangement of the system is presented in Figure 1. This Policy Manual is applicable to all City officials and employees of Beaumont Municipal Transit System. It establishes standards, procedures and related policies for the operation of the transit system. 1 PUBLIC SERVICES SERVICE DAYS Beaumont Municipal Transit provides bus services between 6:00 a.m. and 6:30 p.m. Monday through Saturday with the exception of the following holidays: New Years Day; Memorial Day; the Fourth of July; Labor Day; Thanksgiving Day; and Christmas Day, or the day on which the holidays are observed. Notice will be posted on buses one week prior to the holiday. INFORMATION DISSEMINATION Every effort will be made by the transit system to identify and develop services desired by the general public. As these services are developed, information on them will be provided to the public. Information on existing transit routes, schedules, hours of operation, bus passes, and other services will be maintained and distributed on city buses, at the transit office, at City Hall and other appropriate locations. This information may also be distributed by phone or by mail. Public information programs will be developed and, as desirable, promoted through the news media. SPECIAL TRANSIT SERVICE Special transit service is provided for the physically impaired who are unable to utilize the fixed route system. The policies and procedures are provided in Appendix C of the manual. BUS CHARTERS Bus charter service is provided on a first-come-first-served basis in accordance with current federal, state and local regulations and the limitations of transit equipment and personnel. Charter rates shall be determined by ordinance approved by City Council. Charters will not be solicited or provided where they conflict with private enterprise. Charters will normally be operated within a fifty (50) mile radius of Beaumont. Provision of charter services shall in no way delay or inconvenience the riders of regular fixed route or special transit service. Applicable contract charter rates will be applicable using the following minimum criteria: • Three (3) hours each day; • Three (3) days each week; and • Three (3) months contract. 3 IDENTIFICATION CARD For passenger convenience, identification cards are available for elderly, handicapped, and youth riders which enable the passengers to board the bus and pay a reduced fare. Without an identification card, the passenger may be required by the bus operator to show proof of age, or disability. Procedures for obtaining identification cards are provided in Appendix D of the manual. TRANSIT FARES Transit fares are set at a level which is not prohibitive to the rider with no other transportation available, or competitive with the automobile for riany choice riders. All fares shall be determined by ordinance set by City Council in accordance with all local, state and federal laws and regulations. The fare system structure should be designed to recover 30% or more of operating costs from the fare box. Elderly and handicapped passengers should not pay more than one half of the prevailing adult rare. Current applicable fares are provided in Appendix B of the manual. TRANSFER The following policies pertains to transfers within the system: o Transfers are sold to boarding passengers upon request; o Transfers are valid for a thirty minute period Monday through Friday, and forty-five minute period on Saturday; o Transfers are valid for changing from any Beaumont Transit System route to another; and o Transfers are non-transferable and non-negotiable. TOURS Pre-arranged tours are available to school groups for familiarization of the transit system. The tours include a short free bus ride and a certificate identifying the individual participant. 4 OPERATIONS GOALS AND OBJECTIVES The operational goals of the transit system are to develop and maintain an effective and efficient system of public transportation services which will benefit all area residents and visitors. The system should always offer quality transit service to retain existing patrons, to attract new transit passengers, and to be responsive to the needs of all segments of the population. The transit system contributes to the conservation of natural resources and the protection of the environment. It also generates benefits for the City's economy and work force. In order to achieve these goals, specific objectives have been identified. These objectives are: accessibility, convenience, timeliness, safety and comfort. Accessibility will be achieved by providing regular route service along with special services to meet the needs of the elderly and handicapped. Convenience and timeliness will be gained by reducing passengers waiting time, transfer time, time spent walking to and from the service, and actual time spent on the bus and other measures. The system also uses schedules and maps which can be easily understood by its riders. Transit services will be provided that are as safe or safer than other modes of urban transportation and facilities. Equipment will be clean and comfortable; and major boarding locations should have adequate passengers amenities. The system offers peak and off-peak services that optimize the utilization of personnel, vehicles, and other resources. REQUESTS AND SUGGESTIONS All requests and suggestions on service or matters involviLg Beaumont Transit personnel shall be given to the Resident Manager or other appropriate supervisory personnel for investigation and proper action. Unless the requestor indicates otherwise or return contact is not possible, each request or suggestion will be responded to upon completion of a thorough investigation. SMOKING ON VEHICLES Smoking is not allowed on the bus at any time. Bus operators may smoke off the bus when they are aL the end of their routes or at the central transfer location, time permitting. ALCO hOL ON VEHICLES Open alcohol is not allowed on transit vehicles at any time. ANIMALS ON VEHICLES Seeing-eye dogs are permitted to travel with passengers. Other animals are not allowed on transit vehicles. 5 ADVERTISEMENT Commercial advertisement shall not be allowed on transit vehicles. Public Service Announcements may be allowed on interior of the buses only. DRIVER TRAINING The following areas of training to transit system employees will be provided: • First aid, CPR (semi-annually); • Passenger relations (semi-annually); • Sensitivity (semi-annually); • Defensive driving (annually); and • Safety (quarterly). ROUTE CONFIGURATION Route configuration should be direct as possible; however, special consideration will be given to youth and elderly passengers. Avoiding circuitous paths and deviations from basic alignments should be minimized. Deviations may be justified to serve major travel generators or special facilities (e.g. , hospitals). Routes should be operated over paved streets which have at least ten (10) foot travel lanes. Every effort should be made to route buses along streets capable of supporting larger vehicles (i.e., no sharp curves or parked vehicles which reduce roadway passage to less than 10 ft.) and streets with adjacent land development. In all cases, safety considerations shall be paramount in the determination of route design. The Director of Urban Transportation is authorized to approve temporary modifications to routes due to street construction, detours and/or other appropriate reasons. SERVICE CORRELATION STANDARDS Although through-routing of all passengers is desirable, it is not feasible, (fiscally or physically) to provide everyone with direct transportation. Routes, however, should be designed to link in patterns which are consistent with public desires and available time. The need to transfer should be minimal. Scheduled arrival and departure times for routes having common transfer points, or having common routing upon certain segments of each route should be coordinated to the maximum extent practical. PASSENGER LOAD STANDARDS The maximum passenger loading standards (number of passengers carried - number of passenger seats) for regular route service are listed below: Days. Level of Service Peak }lase Weekday 125% 100% Saturday N/A 125% 6 These numbers indicate the load factor per trip during each service ' level shown. The frequency of service on a route should be set so that the load standards are not exceeded. Load factors at or below the standards should not prevent the addition of service where loading requires passengers to stand for more than fifteen (15) minutes of their travel time. SERVICE FREQUENCY (dEADWAYS) : The maximum designated service frequencies of buses on regular route service are listed below: Level of Service Days Peak Base Weekday 30 minutes 60 minutes Saturday N/A 60 minutes Service frequencies are established to indicate the minimum service required to accommodate passengers. Other types of transit service that are special in nature and are tailored to service a specific market will have service frequency determined individually (eg. Special Transit Service). PASSENGER SUPPORT FACILITIES Passenger support facilities will be placed at the earliest possible time. The placement of passenger support facilities should conform to the following criteria: A. General I. Facilities will be placed only at locations where physical site conditions allow their development. 2. Facilities may be placed along major thoroughfareR or with- in residential neighborhoods. Proposed facilities must be compatible with the environment. 3. Priority for the installation of facilities should normally be based on the number of daily boardings with sp-,cial con- sideration for elderly and handicapped. 4. Consideration should be given to increasing the seating capacity at existing bus stop shelter or bench locations when the seating capacity is exceeded by twenty percent (20%) during the day. 5. Trash facilities should be installed with shelters and benches when right-of-way permits. B. Shelters Passenger shelters should be installed at locations when feasible at locations meeting the following minimum criteria: 1. A minimum of 50 persons boarding a day, or 2. A minimum of 25 persons boarding a day and where substantial number of those are elderly or mobility im- paired persons, or 3. At bus stops that are major transfer points or that serve hospitals, public health clinic or major medical treatment centers. 7 i At locations which meet shelter installation criteria but where physical site conditions prevent installation, passenger benches with adequate seating should be considered. C. Benches Passenger benches may be installed at locations with a minimum of 15 persons boarding a day. Bus Stop Location - Bus stops are normally located every 500 feet in residential areas (twelve per mile) or every 4UO feet in areas of major activity such as the central business district, commercial development (fifteen per mile), etc. They shall be delineated by at least a sign on a pole, with the sign designed to provide identification as a bus stop. Minimum lengths of bus stops are sixty (6U) feet for "far side" stops, eighty (80) feet for "near side" stops, and one hundred (100) feet for mid-block stops. The location of the stop will be determined based on traffic flow, street physical characteristic and routing. Bus stop zones may be longer when the combined service frequency of each route utilizing the stop is five (5) minutes or less, or the stop is used for more than one bus route. SPECIAL PROMOTIONS To promote the transit system through ridership, two (2) special promotional days annually may be established by the City Manager. SCHEDULE STANDARDS Departures from departure points indicated on schedules shall be exact. Approximate departure time may be established at intermediate points (i.e. major street intersections and activity centers) along a route. A bus may be considered "ontime" if it reaches the stop less than two (2) minutes prior to three (3) minutes after the published time. In no event shall the bus depart prior to the published time or later than four (4) minutes. The system shall meet the minimum schedule adherence: Peak Period.. . .. . .. . . .90% Off Peak Period. . . . . . .95i. Published schedules and route maps should be reviewed at least annually. Major changes to service that will impact the published schedule should be discouraged at times other than when such changes can be incorporated into the updated schedules. S OPERATING PERFORMANCE EVALUATION An evaluation of each transit system route shall be made quarterly. The evaluation will be based on the system's performance standards. These performance standards by system and route are presented below: 1. STANDARDS SYSTEM ROUTE Pass/mile greater than 2.2 1.7 Pass/hour greater than 30 24 Cost/mile less than $2.25 $2.25 Net Cost per passenger less than $ .75 $1.00 2. Saturday route service standards are 50% of standards above. 3. Individual bus trips should have a ridership per mile of more than 20% of its route's daily ridership per mile. 4. Environmental and service impacts will also be included in the operating performance evaluation. In the event the evaluation suggests a service increase or decrease, data from all performance indicators will be furnished to the Director of Urban Transportation along with recommendations for increasing or decreasing service. New service may be implemented if studies indicate that the proposed service: 1) Would not substantially duplicate existing service except where certain route segments must coincide to reach major des- tination points; 2) Would meet at least one of the following qualifications: a. Projected ridership of more than ten (10) passengers per proposed vehicle hour of service; b. Projected ridership would average more than one (1) pass- engers per mile of service; c. A minimum average density of 500 persons per square mile in residential areas; d. Areas where the location of transit service is pursuant to City growth goals. All new services, route extensions, or modifications should operate for a minimum of six (6) months. They are to be evaluated at the end of three (3) months and five (5) month periods and a recommendation shall be made by the Resident Manager to continue, modify or delete the service. I 9 ' I FINANCIAL BUDGETS Capital and operating budgets are prepared for the transit operation by the management company. These budgets are submitted to the Director of Urban Transportation for his review and submission to the City Manager and Council. The City Manager's recommendations will be forwarded to the Transit Advisory Committee for its review. ACCOUNTING Accounting records of the transit operation are maintained by the management company in accordance with the management agreement. FINANCIAL REPORTS All financial reports are prepared by the management company. The following reports are furnished to the City as required: • Monthly financial statement including balance sheet and operating statement not later than the 25th day of the following month; • Transit budget status report quarterly; • Preparation of an annual budget report; and • Annual Report to the Urban Mass Transportation Administration re- quired under Section 15 of the Urban Mass Transportatioa Act. OTHER REPORTS AND GRANTS The Beaumont Transit System is responsible for preparing the following reports and submitting them to the Urban Transportation Department. • Title VI - Yearly - October • MBE - Quarterly • Grants - (Operating Capital and Planning) - Yearly • Others as required 10 PURCHASING Repair parts and supplies for the operation of the transit system are purchased by the management company in accordance with the management contract. The majority of the items are purchased thru the purchasing department of the management company's parent corporation. The resident manager is authorized to purchase items needed from local sources where price and quality is competitive. Contract items such as tires are competitively bid with the award to the lowest responsible bidder. Large or long term leases are not entered into before consultation with the appropriate City representative. Capital items are purchased through the City's Purchasing Division in accordance to city policies and procedures. Minority businesses and firms (WBE, DBE) will be utilized where possible and practical. The goal is to utilize a minimum of ten (10%) percent minority and three (3%) percent women owned business of transit related purchases. 11 MAINTENANCE MAINTENANCE The following minimum standards for maintenance and appearance shall be adhered to by the management company: 1. Buses and other related equipment shall be maintained in a first-class condition at all times. All components and systems shall function properly. 2. The use of prescribed lubricants and fuel shall be closely ad- hered to and must conform with manufacturer service bulletins. This includes testing of fuel, transmission fluids, and engine oil for compliance with purchase specifications. American Society of Testing Materials' (ASTM) testing method should be used for measuring the properties of the diesel fuel and engine oil. 3. All preventive maintenance and/or scheduled inspections shall be accomplishd at intervals as specified by the manufacturer. All safety standards as set forth by federal, state and municipal regulations and/or codes shall be strictly adhered to. 4. Full compliance with the Environmental Protection Agency (EPA) standards for air pollution shall be ensured. 5. The company shall ensure that the citizens' investment in the bus fleet is protected and the proper image of the City is de- picted. It is essential that the exterior and interior of the buses be maintained in a first-class or like-new condition. This includes the exterior sheet metal, paint, glass, and such other items to insure a professional appearance. The interior should be maintained in a similar condition including the seats, floor and ceiling area, paint, and lighting to provide the maximum comfort and convenience of the passengers. 6. Radios shall be kept in good operating condition at all times. EQUIPMENT RECORDS In order that maintenance and operational information pertaining to buses, radios and other equipment is available, appropriate records shall be maintained by the Transit Manager for a historical file. The file shall contain statistical data, maintenance and repair history, and essential forms and records in order to provide a composite picture of the service life of the vehicle from the time it was placed in service until disposal. This file shall be available to the City upon request. Procedures for accomplishing the maintenance standards are shown in Appendix E of the manual. 12 FIGUR-- I ORGANIZATIONAL CHART CITY COUNCIL — — — — — TRANSIT ADVISORY COMMITTEE CITY MANAGER I CCL MANAGEMENT, INC. I� OTHER CIT's DIRECTOR OF + DEPAF.TMENTS TRFiNSPORTATIOiJ — — --� RESIDE?�T MA?vA GE R ADMINISTRATION OPERATIONS MAINTENANCE FIXED ROUTE S. T. S. CNARTF.kS BEAUMONT MUNICIPAL TRANSIT SYSTEM: Y APPENDIX A MANAGEMENT AGREEMENT MANAGEMENT ACRE+TItNT .:. THIS AGREEMENT, made and enterud into this the 7t/- day of 1980, by and between the City of Beaumont, a Texas municipal corporation (herein- after referred "City"), ? ` v to as and Beaumont Transit Company, a Texas corporation 1 of Beaumont, Texas (hereinafter referred to as "Company"). WITNESSETIt• i.. l .. WHEREAS, the City has acquired or intends to acquire by purchase, vehicles, - r repair facilities, furniture, fixtures, books, records, contracts and other properties for the operation of a public transportation system for the use and benefit of the public; and WHEREAS, the City intends to retain title, p use and possession + of all properties now or hereafter acquired for the purpose of said public transportation system and the revenues to be derived therefrom but desires to r - r engage a firm to operate and manage, under the supervision of the City, said fpublic transportation system; and tWHEREAS, the Company, its officers and supervisory employees are trained 3 and experienced in the operation of public transportation; and ; WHEREAS, the City deems it advisable and in the public interest to r execute an agreement with the Company for the operation and management of its f ' public transportation system; } ` i .� NOW, THEREFORE, for and in consideration of the mutual promises and rr covenants contained herein, it is agreed that: Section 1: The City hereby reta!ns and employs the Company to provide i b h_ management services and to operate its public transportation system, comprising all properties, equipment, facilities, routes and services now or hereafter existing for such purpose, to the end that the company shall employ, furnish and supervise the personnel, including the Resident Ma.ager, necessary for i•. .. t : t the City's operation of its public transportation facility, 16.� y, and shall also perform such other services as hereinafter provided and under the conditions r herein set forth. In this connection, the Company shall assume the active + direction of the transportation system, including transportation, r,:aintenance, i i / J :: s ir s:. ` v -2 . schedule preparation, labor relations, accounting, employees selection and . { training and public relations. In addition, the Company shall furnish and j } supervise all personnel required for the City's operation of its public } transportation system. It is the intention of the parties in the execution iof this Agreement that the Company shall provide the -full and complete manage- i ment services for the public transportation facility owned by the City during the term hereof and any specific duties and obligations set forth herein shall f not be construed as limitations. r This Agreement shall become effective on September 30, 1980, and shall i remain in effect for a period of two (2) years, from and after the effective . date and for periods of two (2) years thereafter unless either party shall give • r the other party written notice of its desire to modify or terminate this Agree- ment ninety (90) days prior to the end of the original term or any two (2) year . M term thereafter. Section 2: The City agrees to provide and furnish to the Company for the operation of the public transportation system, all of the properties and facilities of such system now or hereafter owned, purchased or leased by the City, including but not limited to (a) buses, (b) service vehicles and auto- mobiles, (c) gasoline, diesel and other fuels, oils and lubricants, (d) tires x i and tubes for such vehicles, (e) repair and replacement parts and materials, 1 . (f) furniture, fixtures and all necessary and usual office equipment and ' facilities, (g) shop and repair facilities, tools and machinery, and (h) lands t S and buildings used for transportation purposes. Title to and ownership of all of said properties and facilities, including leasehold interests, shall be I taken and held in the name of the City and purchases or acquisitions made after the effective date of this Agreement for the benefit or operation of the public transportation system shall be made by the City. _ a Section 3: The Company agrees to manage, supervise and operate the ! ', L. j City's said public transportation system in an efficient and economical manner. " Nothing in this Agreement shall be or should be taken as a guarantee or representa- tion by the Company that the operation of the City's public transportation system ..� j 1 5 r 7 shall produce a profit to City or shall be free from loss by reason of the Company's management of the same pursuant to the terms of this Agreement, llre jpublic transportation system shall be operated initially over the routes, on the schedules and at the rates of fare of the City, in effect during the week fi I, immediately preceding the effective date of this'Agreanent, and thereafter on is routes and schedules consistent with traffic demands, and at rates of fare A•. j; approved by the City and directed from time to time by the City, it being understood that as between the parties hereto the City has the sole authority as { to the rates of fare to be charged, the routes to be operated and the service to be furnished. i Section 4: The Company agrees to furnish for the active management and i direction of the system such general managerial, administrative and technical 4 services and guidance as shall be necessary for the proper operation of the . system. The Company agrees to provide, at no cost to the City other than the fee stated herein plus ordinary and necessary travel, out-of-pocket and other y expenses as set out in Section 11 (4), the services and guidance of its parent � corporation (City Coach Lines, Inc.) or its affiliated companies. The services I may be provided in the principal office of the Company's parent corporation, i or at such other place or places as the Company shall determine. The services f and guidance provided by the Company's parent corporation or affiliated companies r• include but are not limited to: � (a) Payrolls: The maintenance of employment records; cross checking of pay rates and rate increases to labor contracts; calculation of special pay rates tinder labor contracts; summarization of daily time cards for total pay f r { hours and gross pay; calculation of withholding and social security taxes, maintenance of other payroll deduction records and ledgers for pension contribu- tions. bonds, uniform, union dues, group insurance, United Fund, etc.; maintenance ' of schedules as to timing of deductions; calculation of net pay; preparation of i quarterly Federal and State payroll tax returns; preparation of weekly depository - +' forms and filings for payroll taxes; preparation of and issuance of W-2 forms at year end; maintenance of record of exempt wages; preparation of payroll �. -4 register; maintenance of individual employee earnings records; preparation of .} i I � the individual paychecks. f X ' I i i �T- -4 .. �.. (b) Accounts•Pbyable:: Processing of all disbursements; matching receiving reports with invoices received; checking to see that purchasing has verified the pricing with the purchase order; reconciling the individual invoices to the vendor's statement; preparing the vouchers and voucher register and preparing the disbursement checks for signature. ! t I (c) Purchasing: Issuance of purchase orders; maintenance of price lists; { maintenance of perpetual inventory records; preparation of bidding specifications ' f for tire and fuel and similar contracts; issuance of bid proposals for tire, y i :'• fuel and similar contracts and analysis of such bids; combination of bidding 1 , with affiliated operations if beneficial; physically make, summarize and analyze physical inventories of fuel, materials, and supplies, and other assets; 2 cross shipping of parts with affiliated operations to reduce obsolescense; 1. preparation of requests to manufacturers for parts returns; supervision and r ; { control of billings under manufacturers warrants; providing of product comparison; 4 supervision and evaluation of field testing of new products; preparation of t ;: maintenance bulletins; coordination of and conducting maintenance manager's . I + conferences. (d) General Accounting: Maintenance of general ledger and all i t subsidiary records; preparation of journal entries, maintenance of statistical information; preparation of :budgets and forecasts; preparation of special reports; �{{ � 1 preparation of financial statements; preparation and filing of Federal and State j payroll tax returns and other required tax filings; establishment of internal 1 A r control and procedure to safeguard cash and other assets; performance of periodic l internal audits to assure procedures are adequate and are being followed; i preparation of financial reports required in connection with special Federal i ` f . •` or State demonstration grants, capital grants and operating subsidies; I •. i � 1 programming of data processing equipment; availability of data processing i equipment on an us-needed basis for payrolls, accounts payable, property records , and special: projects. i ` I N (e) Insurance and Safety: Supervision of handling and settlement of all accident and injury claims; conduct safety education programs; administer group I � f I insurance coverage; process and control sick pay and workmen's compensation ` Claims; administer the acquisition of insurance coverage; combination of collective risks of all affiliated operatiuns into one policy if beneficial to' + spread the risk over a broader base and obtain lower rates; supervise the ' handling and 3 8 processing of workmen's compensation and other insurance claims, coordination of selection and training procedures; coordinate and supervise y maintenance of accident records and driver records; maintain accident statisti- cal-data j j ' for National Safety Council and American Public Transit Association 1 competition; prepare and distribute reports analyzing accidents; obtain i necessary filings to comply with State insurance requirements; evaluate data collected from accident investigation; assist in the accident investigation; coordinate accident investigation and litigation with excess liability carrier; . F , maintain claim files; supervise subrogation claims. (f) Management: The officers and employees of the parent corporation i I shall perform all the normal functions of their positions for the Company without receiving any direct compensation from the Company; included in these j ; functions are: labor relations, negotiation of labor agreements, administration r of grievances or arbitrations under labor agreements; engineering services with t Y respect, to route structure, schedules and run bids, maintenance of pension records, assistance in preparation of specifications, grant applications, t financing and related managerial activities, for capital additions ar.d operating subsidies; preparation of exhibits and testimony in connection with budget proceedings and other regulatory matters; assist in long-range planning; set ' and administer Company policy. r . (g) Support Equipment and Supplies: The Company's parent corporation shall provide at no additional cost to the City, other than.the fee stated herein, , equipment such as typewriters, adding machines, desks, tables, chairs, file cabinets, copy machines, data processing machines, etc., and shall provide supplies such as paper, pens, pencils, ribbons, carbon paper, etc,, that shall - a be necessary to perform the above functions by the parent corporation, at its 7 4 offices. C a s fr , • ! I 1 •t -6 ! I The Company's parent corporation further agrees to provide its system of Y ` controls, work flow, forms, etc., which has been developed over a period of ' - years from experience in many different transit operations. In consideration for all the managerial, administrative, technical % services and guidance provided for by the Company's parent corporation, the City agrees to pay to the Company a proportionate share of the parent corporation's total common costs of operation. The allocation of the parent corporation's ! total transit common cost of operation shall be made on the ratio of the City's imiles operated to the total miles operated by the parent company's transit subsidiaries, the City and others for whom the Company's parent corporation may 1 j provide similar transit services. Estimated cost per mile at the time of ' I execution of this contract is 4.91C per mile. It is agreed by both parties r ' that during the term of this contract, the cost per mile shall not exceed 7C i • i jper mile. Such method shall be reviewed by the parent c orporation's independent t certified public accountants; who will furnish to the City a computation of the allocation and a letter of opinion stating the method used and that the amounts allocated to the City's operation were computed in accordance with that method. Such costs shall be paid to the Company on the basis of 1/12th of the annual amount each month in advance and such sums shall. be adjusted retroactively each calendar year after the final audit and allocation for that is t calendar year is available. �. Sectio» 5: The Company agrees that it shall not discriminate against 1 any employees or applicants for employment because of race, color, creed or national origin, and Company insures that applicants are employed and that 1 employees are treated during employment without regard to their race, color, creed or national origin ana that the same shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment •t or recruitment advertising; lay-off or termination; rates of pay or other forms *• I - ` of compensation; and selection for training, including apprenticeship. Section 6: The Company shall prepare operating-budgets for the public transportation system for approval by the City concerning rates of fare, routes and service required to meet such budgets. 1 z 7 Section 7: The Company agrees to retain competent practicing attorneys to handle all legal matters, including, but not limited to, the prosecution and defense of all claims, suits and actions for damages, by or against the City, its members or the Company, individually or jointly, arising out of the operating of the public transportation system. Section 8: The Company shall not be liable to the City for any failure, delay or interruption of service, nor for any failure or delay in the performance of any duties and obligations under this Agreement due to strikes, Acts of God, government restriction, enemy action, civil commotion, unavoidable casualty or similar acts beyond the control of the Company. Section 9: All revenues received from the operation of the public transportation system, including 'fares -received from passengers, charter and advertising fees, and monies received from the rental, use or investment of properties or funds of the City shall be and remain from the time of the receipt thereof, the absolute property of the City. Such revenues shall be used by the City to pay the costs of operating the transit system. Section 10: The parties agree that all revenues from the operation of the public transportation system shall be received, collected, deposited and retained, until disbursed under the terms of this Agreement in the manner directed by the City. The Company agrees to receive, collect, deposit and disburse such F I I revenues for the account of the City and to keep and maintain books and records of the operation of the public transportation system in accord--nce with ctandard accounting procedures applicable to such operation, and to render and certify to the City full and complete monthly and annual operating and financial reports in form and manner approved by the City, and such other information in respect of the operation of the-public transportation system as the City may from time to time request. Section 11: The Company agrees to audit, verify and prepare vouchers,to prepare checks for the signature of the person or persons designated by the City and to disburse the funds of the City for all operating expenses of the public transportation system; which operating expenses are defined to mean and include, but. not by way of limitation: (1) Reimburse to the Company the gross amount of wages and salaries paid to or for the benefit of all employees of the Company including the Resident Manager, including all social security, unemployment and j other payroll taxes now or hereafter imposed or levied on an employer f and paid on the salaries and wages of such employees and officers of d + the Company, and the expense of workmen's compensation insurance i covering all such employees. i (2) Payments made by the Company pursuant to any pension or other r plan presently in effect for the benefit of'the Company's employees, and as the same may be hereafter amended from time to time, and other .. employee costs, including medical and hospitalization program costs. Any changes or modifications in existing wages, working conditions �. or other benefits granted to the Company's employees shall be subject to the approval of the City. 1 (3) All payments made in settlement of claims or satisfaction of 1 judgments arising out of injury or death of persons, or damage to property incurred in the operation of the public transportation system; and all expenses incident thereto, including the expense of operating ' a local claim department, attorney's fees, court costs and other i expenses of the trial of lawsuits, witness and investigation expenses, medical, hospital and ambulance services, the cost of bonds and 1 deposits required by law, and the premium on liability insurance. The Company and the City shall be protected as their interests may appear by public liability insurance covering all claims in an . ` amount not to exceed $25,000, in amounts mutually agreed upon by City The the Company and the Cit r ' y y ag ees to create and maintain a i ! casualty reserve fund sufficient to cover the estimated liability not covered by insurance for all outstanding claims against the j Company and the City, jointly or severally, arising out of the operation of the public transportation system, said fund to be maintained until all estimated liabilities and claims protected thereby shall have been fully discharged. - (4) All general and miscellaneous expenses incident to the operation and proper maintenance of the public transportation system, including �. but not limited to cost of general property insurance, fidelity bonds, 1 ° i I telephone, telegraph, postage, freight, stationery and printing, office j supplies, checks, etc., maintenance of office machines and equipment, books, newspapers, utility services, materials, legal fees, medical expenses, services rendered under general or special contracts, advertis- ing, printed schedules and route maps, drafting supplies and blueprinting expense, arbitration expense, audit expense, bank charges, comprehen- live liability insurance, American Public Transit Association expenses, I National Safety Council expense, cost of technical journals and services, and other expenses of a usual and customary nature incident to the FF operation of the public transportation system. f only the following expenses shall be excluded from reimbursement f (' to the Company: Corporate expenses; taxes of all kinds levied by } reason of property owned by, o* net income of, the Company. (It is (l i; believed that the Company is not liable for any taxes other than the 4 foregoing, but in the event it should be adjudged liable for any { ; other taxes, the Company shall be reimbursed fox-same). f (S) Payments to the Company for the managerial, administrative, technical services and guidance provided by the Company's parent j corporation as set forth in Section 4 of this Agreement. Payments f + to the Company as management compensation, a fee of $18,000 the first year and increase at the rate of $1,500 per year thereafter, 1/12 payable monthly by the tenth of each month, J %O� V-9 (b) Payment to vendors and contractors for all amounts due for the purchase of materials, supplies, fuel, transfers, passes and # i tickets, or other items purchased by the City for use in the ! operation of the public transportation system and the payment of # rental or use charges due for tires, machinery and other items { ' i leased by the City for such purpose. 1 Section 12: If this agreement is terminated or is not renewed with the .•• Company, the City shall .assume or make arrangements for the assumption of all g . � P t:nen existing obligations or liabilities of the Company in connection with the providing of management services to the City's public transportation facility, i 4 tie furnishing of personnel necessary for the City's operation of its public is transportation system, and all other undertakings by the Cuupany hereunder. Section 13: It is understood by both parties that the City of Beaumont, f I r'-xas, shall guarantee the payments to the Company under this Agreement, should t ! tie funds of the transportation system be insufficient to make such payments. T'iis agreement may be terminated by and on behalf of the Company with thirty (30) i i r. d.iys notice for failure of the City of Beaumont, Texas, to comply with or fulfill tie terms and conditions of this Section. Any delay on the part of the Company is giving notice of termination under this Section, shall not waive the Company's i - right to give such thirty (30) days notice at a later date. I Section 14•: This agreement may be terminated upon ninety (90) days - 1 written notice prior to the expiration of the original term or each two-year tram thereafter and may be terminated by and on behalf of either of the parties ,t } I hi:reto with thirty (30) days notice for failure of either party to comply with I and fulfill the terms and conditions hereof. a IN WITNESS WHEREOF, the parties hereto have executed this Agreement by I their duly authorized officers and agents on the day and year first above written. ' CITY OF BEAUMONT, A TEXAS MUNICIPAL CORPORATION t .T By a City t) nager i AITEST: t ' I C'i t .. � Y Clerk BEAU2f0NT TRANSIT COMPAtJY By r i ATTEST: /Pre ent I ' Secretary �� APPENDIX B CURRENT FARE STRUCTURE Adult ( 19 years and older) 50C Youth (6 years through 18 years) 20� Elderly and Handicapped 15 � Transfers 10fi Children (5 years and under when FREE accompanied by a fare paying passenger) Monthly Pass Cards Adults $18. 00 Youth 7 . 00 Elderly and Handicapped 7. 00 S. T. S. Fare Information Eligible riders $ 1 . 00 per one-way trip Required attendant FREE with advance notice , other passenger (s) accompanying eligible rider (on space available basis ) Adult (19 years and over) $ 2 . 00 per one-way trip Youth (6-18 years) 1 . 00 per one-way trip Child (age 5 & under) FREE Eligible rider monthly pass $30 . 00 (for unlimited rides each month) Charters : Regular Charter (Minimum 3 hours) $80 . 00 Each Additional Hour 28 . 00 Contract Charter (Minimum 3 hours ) $70 . 00 Each Addition Hour 24 . 00 STS Charter (Minimum 3 hours) $60 . 00 Each Additional Hour 20 . 00 APPENDIX C POLICIES AND PROCEDURES FOR THE SPECIAL TRANSIT SERVICE PROGRAM POLICIES & PROCEDURES FOR THE SPECIAL TRANSIT SERVICES PROGRAM BEAUMONT MUNICIPAL TRANSIT MARCH 11983 SPECIAL TRANSIT SERVICES PROGRAM PURPOSE OF SPECIAL TRANSIT SERVICES The Special Transit Services (STS) program serves citizens ens with mobility impairments who are _-- usually unable to use fixed route transit services. The program adds realistic meaning to the words "accessibility" and "mobility" for handicapped — — individuals. The demand responsive system increases work, educational, medical and social 40r e ►' i,� opportunities for Beaumont citizens. The door-through-door service is operated by f the City's Beaumont Municipal Transit (BMT). Special responsibilities have been assigned to tran- sit personnel in order to provide quality service. A ' Special Transit Services Coordinator has been r designated to ensure that a high level of service is � provided in an efficient manner. Other transit per- �t sonnel process applications and receive reserva- tions for quick and convenient service. STS passen- gers are assisted by drivers that are trained in the ,lw� areas of first aid, CPR and sensitivity. All STS ' vehicles are equipped with wheelchair lifts and are = maintained in a safe and clean condition. ELIGIBILITY All Beaumont residents who, because of disabilities are unable to use the regular transit system, are eligible for the special transportation services program. A handicapped Sec- tion 16 (b) of the Urban Transportation Act of 1964, as amended, is individual o, by under n of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity- , unable, without special facilities or special planning or design, to utilizmasstransorttiondfacbt es�as is effectively as persons who are not so affected." Persons eligible for the Special Transit Services include the following: • Transit Restricted —Non-ambulatory persons who, for all practical purposes, are confined to wheel- chairs; • Transit Limited — Semi-ambulatory persons who, although handicapped to some e:ctent, can walk with difficulty; generally included are persons who use crutches, orthopedic canes, walkers and require special lifts, ramps, other equipment or personal aides; persons with acute heart or respiratory ailments; or those who are visually impaired (legally blind). Persons must be unable to effectively use regular transit. Because special attention and care must be given in the movement of invalids (persons who are disabled and are virtually confined to a bed), this service can best be rendered by private ambulance companies. Special Transit Services is not an ambulance service. Ambulato without serious difficulty should be capable of using fixed route transit or other public who transportation c wi services. APPLICATION FOR SERVICE General Service — An application must be completed in order to establish individual needs and services desired. Application forms (Exhibit I) are available from Beaumont Municipal Transit as well ' as from specific local and state agencies. All applications should be returned to: Beaumont Municipal Transit 550 Milani Beaumont, Texas 77701 Attention: Special Transit Services Applications will be processed for approval within a maximum of five (5)working days. Those eligi- ble for Special Transit Services are provided a Rider Identification Card (Exhibit II). A $1.00 fee to cover the cost of an identification card should accompany the application. This card includes an identifi- cation number that should be used when telephoning for service. Applicant's eligibility(identification card)is normally valid for five (5)years. In specific cases, eligibility may remain in effect for a length of time specified by the individual's physician and/or authorized by the STS Coordinator. Visitors — Mobility impaired visitors to the city may also apply for service. A temporary which is valid for fifteen (15) days, is issued at no charge. All eligibility and operating re Pass, apply to visitors. P g gulations also Advanced Reservation Services — Those applicants, who desire service on a re basis may use the System's Advanced Reservation Services. This service is available for work,school, medical, and similar recurring trips. To qualify, the applicant must need service at least three(3)times a week and the day and time of pick-up must remain constant. Applications for this service (Exhibit III) are available from the STS Coordinator. HOURS OF OPERATION The Special Transit Services operate from 6:00 a.m. to 6:00 p.m. on Mondays thru Saturdays. Passengers may be enroute to their destinations scheduled after 5:00 termination time, but new hips will not be p.m. Services will not be provided on �. - �'' ✓ observed holidays: the following A ri 114 V New Years Day Labor Da Memorial Day Y Fourth of July Thanksgiving r,� �- ". Christmas VW PRIORITY FOR SERVICE A-priority system for service assures transportation to individuals with the greatest need. This prior- ity is based on the degree of disability and the type of trip. Within the priority listing below, trips will be scheduled on a "first-come-first-served" basis. A. Advanced reservation service trips; B. Any trip by a Transit Restricted person; C. Medical, work and educational trips by Transit Limited persons; and D. All other trips by Transit Limited persons. UTILIZATION OF SERVICE Scheduling — Eligible riders may obtain service by contacting Special Transit Services at 838-0617, at least one day in advance of the desired date. Trip reservations are accepted between the hours of 8:00 a.m. and 5:00 p.m. Mondays through Fridays. Trip requests are accepted when passengers have exact time and addresses for each origin and destination. Scheduled trips ensure a passenger's desired trip time and enable STS to increase vehicle utilization through shared rides. An STS vehicle should arrive within thirty (30) minutes of the time requested by the passenger. The operator may not wait more than five (5) minutes beyond the sched- uled pick-up time for passengers. A call-back system is used in the event that a person's pick-up time must be rescheduled. If the passenger leaves a telephone number, the person will be notified if the vehicle is anticipated to arrive later than forty-five (45) minutes from the scheduled pick-up time. Changes in Scheduled Trips — Passengers desiring to cancel a scheduled trip or to change a destination or pick-up time should inform the STS Scheduler at least one(1)hour prior to the originally scheduled pick-up time. Repeated failure to inform STS of cancellations may exclude the passenger from future service. Fare Structure—The following fare structure is used in the Special Transit Services Program: A, Eligible mobility impaired riders—$1.00 per -- one-way trip. B. One medical attendant — free. ! � _ C. Other passenger(s) accompanying mobility lity / impaired rider (on space available basis). • Adult(age 19&up)$2.00 per one-way trip. • Youth (age 6-18 years) $1.00 per one-way ,-, Iwo • Children (age 5 & under) Free. t D. Eligible mobility impaired rider monthly pass — - ` s $30.00 --�---- E. Charter Rate—$20.00/hr., three hour minimum. Exact fare will be required when boarding. Van operators will not be able to make change since ��- fares are deposited in locked fare boxes and operators do not have keys. Ticket books can be purchased from Beaumont Municipal Transit. OPERATING POLICIES The Special Transit Services Program is an individualized public transit service in which the cooper- ation of each person is essential for the service to be efficient for all passengers. Operational guidelines may be established by the Director of Urban Transportation for both STS passengers and transit per- sonnel. These guidelines will be provided to each eligible rider. APPEAL PROCEDURE If an applicant wishes to appeal any administrative decision of the STS Coordinator or express a complaint about the STS Program, the following steps may be taken: A. A letter to the STS Coordinator requesting an appeal or describing the complaint within ten(10) working days of the occurrence, will initiate action. The STS Coordinator responds to the appeal or complaint within five (5) working days of receipt of the letter. B. If the individual is not satisfied, then a letter may be sent to the Transit Manager within ten (10) working days of the Coordinator's final response. The Transit Manager responds to the appeal or complaint within five (5) working days of receipt of the letter. C. If the individual is not satisfied, a letter may be sent to the Director of Urban Transportation within ten (10) days of the Transit Manager's final response. The Director of Urban Transportation responds to the complaint or appeal within five (5) working days of the receipt of the letter. This appeal procedure is not applicable to policy or other matters which rest with the City Council. EXHIBIT I APPLICATION FOR SPECIAL TRANSIT SERVICES PROGRAM BEAUMONT MUNICt sERVY1csPROGRAM APPLICATION FOR SPECIAL TRANSIT PREVENT YOU FROM EFFECTIVELY USING T USUALLY WORK, SCHOOL. MEDICAL, OR OTHER TRIPS, 1F YOU HAVE TRANSIT FOR TERIPS THAT AS EI �����fs PROGRAM. THE INFORMATION REGULAR ROUTE TRANSIT FOR ,,,�,�a'° YOU MAY BE ELIGIBLE FOR THE SPAU IN THE DOCTOR S CERTIFiCA ) IN SUCH CONFIDENTIAL; REQUESTED IN THIS APPLICATION SIT PLANNING PURPOSES ONLY ANIIA BELOW IN ANY RELEASE OF DATA IS FOR TRH PLEASE ANSWER THE THE PERSON'S NAME WILL NOT BE USED. TRANSPORTATION NEEDS, THE 70 ENABLE US Tp ASSIST YOU IN YOUR APPLICANT PERSONAL INFORMATION : (PLEASE TYPE OR PRINT) FiR57 MIDDLE IN17IA �' LAST ADDRESS: STREET OR R. R. ZIP CODE C17Y AND STATE �1R7H DATE: TELEPHONE NUMBER: PLEASE GIVE THE NAME AND TELEPHONE NUMBER OF SOMEONE ��7}RWT WE pyp,YRSE THAN C�ON•fACTLIB THE CONTACTING REQUEST SERVICE IN YOUR NAME TELEPHONE NUMBER:�� Nom' SIT SERVICES PROGRAM FOR MEDICAL, PLEASE INDICATE THAT YOU WOULD LIKE IF YOU Will BE USING THE RING TRIPPSSi LE, IF YOU HAVE TO WORK, SCHOOL, OR SIMILAR RECURRING ADVANCED AN APPLICATIONH FOR OO AADV CCEDRYSTHROUGHNFRIDAYCEYOU MAY Y FOR BE RESERVATION SERVICE. WE WILL SCHEDULE YOUR TRIP ON A REGULAR BASIS, THUS ELIMINATING THE NEED FOR YOU TO CALL IN EVERY DAY iN ADVANCE. _-PLEASE SEND ME AN gppLICATIOtt FOR ADVANCED RESERVATION SERVICE, PENDING THE APPROVAL OF THIS APPLICATION. ' ACKNOWLEDGEMENT APPLICATION FOR SPECIAL TRANSIT SERVICES AND AGREE TO ABIDE I HEREBY MAKE AP I FURTHER AGREE TO IMMEDIATELY NOTIFY By THE PROVISIONS OF THE STS PROGRAM. AND THE BEALM1ONT MUNICIPAL TRANSIT OFFICE GI ANY CHANGES 1N DISABILITY STATUS NOT CANCELLING OR UNDERSTAND THAT FAILUREYTOFMAKE A TRlPGAFTER SCHEDULEMAY B GROUNDS AL NOTIFYING IN 7},c RIGHT ELEASE PARTICIPATE INFORMAT ON ON THE BACK OF UNDERSTAND THE OFFICE A7 LEASE ONE (1) HOUR IN ADVANCE MAY BE GROUND F REVOKING Mr APPLICATION ANDAOREE TO R " MAKING THIS APPLICATION AGREE TRANSIT FOR THE PURPOSE OF VERIFYING PROGRAM ELIGIBILITY DATE: _ _ _ _ - - - - - - - - - - - SIGNATURE OF AP PLICANT - - - - - - - - - - - - - - - - OFFICE USE ONLY TRANSIT LIMITED TYPE OF DISABILITY: TRANSIT RESTRICTED -- DATE APPLICATION RECEIVED: _ BY: APPROVED DATE: DEN 1 ED COMMENTS form number : STS 1002 . FNOTICE MEDICAL CERTIFICATION FOR SpECIAL TRANSIT SERVICES DICAL DOCTOR : PLEASE CHECK THE MOBILITY IMPAIRMENT (S) WHICH APPLIES TO THIS INDIVIDUAL.L - CONDITION A. PERSONS WHO ARE VIRTUALLY CONFINED TO BED.BULATORY ARE GENERALLY CONFINED TO WHEELC]AIRS. A. PERSONS WHO 3) SEMI] AMBULATORY A. INDIVIDUALS WHO WALK WITH DI KER ULTY CRUTCFiES]NG INDIVIDUALS -�- USING A LONG LEG BRACE' B, INDIVIDUALS WHO SUFFER ARTHRITIS WHICH CAUSES A FUNCTIONAL MOTOR DEFICIT IN ANY MAJOR C. INDIVIDUALS WHO SUFFER AMPUTATION, ANATOMICAL DEFORMITY, OR LOSS OF LIMBS, UNLESS WELL COMPENSATED BY PROSTHESIS. D. FIC STU INDIVIDUAL TO HAVE DIFFICULTY IN WALKING OR STANDING DUE TO PARALYSIS. E PULMONARY ILLS. INDIVIDUALS SUFFERING RESPIRATORY IMPAIRMENTS SUCH AS DYSPNEA. F, SIGHT DISABILITIES. ELIGIBILITY IS LIMITED TO THE LEGALLY �— BL1NID. G PAS DISABILITIES WHICH IMPAIR A PERSON'S MOBILITY. TyE APPLICANT REQUIRES THE FOLLOWING: ATTENDANT CRUTCHES WHEELCHAIR OTHER S TYPE CANE WALKER ON EACH TRIP AS LONG WILL BE ALLOWED] OFFOS ICE IS WHEN THE SERVICE IS REQUESTED, THE APPLICANT NT - - - - - - - - - - - A5 THE BEALI'bNT M1UNiCIPAL TRANSIT- - - - _ _ _ _ _ - - - - - - - - - MEDICAL INFORMATION OR COMMENTS RELATIVE TO THE MEDICATION. WHICH ONGHT ASSIST EMERGENCY PERSONEL PLEASE LIST A INCLUDING GUELAR MED MI DISABILITY, ARRISES. IF THE NEED IS: I CERTIFY THAT NAME OF APPLICAN7(AT LEAST FIVE YEARS) _ PERMANENTLY MOBILITY IMPAIRED ANTICIPATED DATE: _ TEMPORARILY MOBILITY IMPAIRED: TELEPHOtIE NUMBER: NAME: ADDRESS: STREET, P.O. BOX, OR P.R. ZIP CODE CITY AND STATE EXHIBIT II RIDER IDENTIFICATION CARDS TL L NT MUNICIPAL TRANSIT ANSIT SERVICES PROGRAM A Those riders who are semi-ambulatory will be issued a card with the prefix "TL" and a four digit number. Non-ambulatory or semi-ambulatory passengers requiring an aide will receive an I.D. car coded with an EXPIRATION DATE FRONT All requests for service are accepted Monday through Friday Cards will have the following characteristics: between 8:00 a.m. and 5:00 p.m. One day advanced notice is required. 1. Size of a drivers license; To request service or for information, 2. No photograph, call 838-0617. 3. Valid for a time depending on disability. BACK EXHIBIT II RIDER IDENTIFICATION CARDS TR BEAUMONT MUNICIPAL TRANSIT [ADDRESS ECIAL TRANSIT SERVICES PROGRAM `Z 4 ME Those riders who are non-ambulatory will be issued a card with the prefix "TR" and a four digit number EPHONE EXPIRATION DATE FRONT FAII Service are accepted through Friday Card s will have the following characteristics: a.m. and 5:00 p.m. 1. Size of a drivers license; ed notice is required. ce or for information, 2. No photograph, can 838-0617. 3. Valid for a time depending on disability. BACK EXHIBIT III APPLICATION FOR STS ADVANCED RESERVATION SERVICE APPLICATION FOR STS ADVANCED RESERVATION SERVICE APPLICANT INFORMATION : (PLEASE TYPE OR PRINT) f1RST MIDDLE INITIAL LAST ADDRESS: STREET OR R. R. ZIP CODE CITY AND STATE SOCIAL SECURITY NU�ER: TELEPHONE NU'18ER ONE OTHER THAN YOURSELF PLEASE GIVE THE NAME AND TELEPHONE NUMBER OF SOME OR THAT WE MAY CONTACT WHO WILL SE CONTACTING US TO REQUEST SERVICE IN YOUR NAME IF THE NEED ARISES: TELEPHONE NUIBER: NAME: TRANSPORTATION - NEEDS AND FILL IN THE APPROPRIATE BLANKS BELOW', PLEASE CHECK YOUR NEEDS THE FOLLOWING DAYS: TRIP 1_ I WILL NEED SERVICE ON FRIDAY �- t v&,,Y --� SATURDAY _ � TUESDAY (LIST DAYS BELOW) BIWEEKLY WEDNESDAY THURSDAY T 0 FACILITY NAt1E ADDDRESS: STREET ADDRESS A. M. OR P.M. ARRIVAL TIME: A. M. OR P.M. DEPARTURE TIME: RETURN TRIP TRlr 2 1 WILL NEED SERVICE ON THE FOLLOWING DAYS: FRIDAY MONDAY SATURDAY TUESDAY - BI-WEEKLY (LIST DAYS BELOW) WEDNESDAY THURSDAY T 0 FACILITY NAME ADDRESS: STREET ADDRESS � A. M. OR P.M. ARRIVAL TIME: A. M. OR P,M. DEPARTURE TIME: RETURN TRIP (PLEASE READ AND SIGN ON REVERSE SIDE) CONTRACT 14 FORMATION : I AGREE THAT I ,,,LL N07IFY THE BmT OFFICE AT LEAST ONE HOUR IN AINANCE, IF FOR ANY REASON I CAN" MAKE THE TRIP. I UNDERSTTAA ND THAT-To CANCEL TRIPS wIT"IN REPEATED FAIL.ECOULD(THREE BE GROUNDS FOR RE O�NN STS PROGRAM S PARTICIPATE THE AGREED TI IN THE ADVANCED RESERVATION SERVICE DATE SIGNATURE OF APPLICANT OFFICE USE ONLY TYPE OF DISABILITY: TRANSIT RESTRICTED TRANSIT LIMITED DATE DANCED SERVICE APPLICATION RECEIVED: APPROVED BY: _ DENIED TITLE: NO ATTENDANT REQUIRED: YES ENTERED INTO ADVANCED RESERVATION BOOK: DATE: BY. COM'1ENTS: I form number STS 1003 APPENDIX D PROCEDURE FOR OBTAINING REGULAR TRANSIT IDENTIFICATION CARDS ` PROCEDURES FOR OBTAINING REGULAR TRANSIT IDENTIFICATION CARDS HANDICAPPED IDENTIFICATION CARDS 1. An application for a Handicapped Identification Card may be obtained by calling Beaumont Municipal Transit (BMT) at 838-0616, Monday through Friday, 8:00 a.m. to 5:00 p.m. or by writing the BMT office at 550 Milam, Beaumont, Texas 77701. 2. The completed application and medical doctor's certification of handicap should be mailed or delivered to Beaumont Munici- pal Transit. A $1.00 fee to cover the cost of the identifica- tion card should accompany the application. 3. Following review and approval of the application, an identifi- cation card will be mailed or presented to the applicant. Handicapped Identification Cards will generally be valid for a period of five (5) years from date of issuance. Cards may be issued for shorter periods if the disability is expected to be of shorter duration. 4. Applicants who wish to obtain a Handicapped Identification Card with a photograph on it, may do so by personally bringing the above mentioned, completed application to Beaumont Municipal Transit at 550 IMilam on Monday through Friday from 8:00 a.m. to 5:00 p.m. A fee of $3.00 is charged to cover the cost of identification cards with photographs. YOUTH OR ELDERLY IDENTIFICATION CARDS 1. Youth or Elderly Identification Cards are issued Monday through Friday from 8:00 a.m. to 5:00 p.m. at Beaumont Municipal Trans- it, 550 Milam, Beaumont, Texas 77701. To obtain an identification card, a person or his/her repre- sentative must present proof of his/her age, if requested, in the form of a birth certificate, driver's license, student identification or other acceptable documentation. o Young Person — Any individual who is eighteen (18) years of age or younger; and o Elderly Person — Any individual having reached or passed sixty—five (65) years of age. 2. A Youth or Elderly Identification Card will be mailed or pre- sented to the applicant. A fee of $1.00 is charged to cover the cost of the card. The Elderly Identification Cards will be valid indefinitely. The Youth Identification Cards will be valid until the applicant's nineteenth (19th) birthday. 3. Applicants may obtain a photo identification card at Beaumont Municipal Transit, 550 Milam, Beaumont, Texas 77701, Monday through Friday, 8:00 a.m. to 5:00 p.m. A fee of $3.00 is charged to cover the cost of identification cards. 4. Elderly person or young person may ride without identification card with proof of age, such as driver's license, Medicare card, student identification or other acceptable document. s a APPENDIX E MAINTENANCE ' t STANDARD OPERATING PROCEDURES MAINTENANCE SUBJECT I. PREVENTIVE MAINTENANCE C.I.1. All defects noticed during the operation or servicing of the bus must be recorded on a defect card and processed for cor- rective action. C.I.2. All defect cards requiring action that cannot be repaired on the spot must be numbered. They can be preprinted or may be given a control number when they are turned in for correct- ive action. C.I.3. When defect cards are turned into the maintenance foreman, they are logged in by control number and the following in- formation is included in the log: • Bus Number; • Driver Badge Number; • Defect Card Number; • Date and time turned in; • Date and time picked up by maintenance foreman; and • Maintenance foreman initials. C.I.4 All defect cards must receive prompt attention by the main- tenance department and appropriate repair procedures initi- ated. C. I.S. All buses must be completely serviced and prepared for oper- ation for the next day. Daily Servicing must include the following: • Fuel (Record by bus); • Check Engine Oil (Record additions by bus); • Check Transmission Fluid (Record additions by bus); • Check Tire Air Pressure; • Check Coolant level; • Clean Bus Exterior; • Sweep, Dust and Inspect Interior; and • Check Windshield Wipers. C.I.b. All servicing personnel must be observant to air pressure, transmission, brake operation, lights, time signals and air conditioning and report defects on defect cards in the same manner as bus operators. C.I.7. Buses with defects are always parked in a stipulated area on the property and defect card initiated. Buses without de- fects are placed on the ready line for operation. C.I.8. The dispatcher must maintain a list of available buses in- cluding those that can be utilized for short trips only. The maintenance foreman is responsible for keeping this list current, inspecting at least twice a day, or more frequent- ly if necessary to meet operational demands. C.I.9. Mileage inspection must coincide with the guidelines and recommendations of bus manufactures maintenance manuals, unless variances are approved by the office of City Coach 16— Lines. C.I.10. A routine mileage inspection must be performed at least 6,000 miles intervals to ensure that the bus is in condition to operate to the next inspection without failure or wear out of components. This inspection must include the follow- ing: o Cleaning the bus interior and exterior including steam cleaning the engine and chassis prior to inspection. o Previous defect reports are reviewed for indications of certain component deterioration. • Inspect all major systems in accordance with the appro- priate manufacturer maintenance manual called for at the specified mileage threshold. • Lubrication and change fluids as appropriate (oil analy- sis) . • Repair or replace parts as required. C.I.11. A major mileage inspection must be conducted at least every 24,000 miles or annually. Its purpose is to evaluate and repair major bus components. This inspection includes: • A routine 6,000 mileage inspection; • A performance evaluation of the entire power train to de- termine need for tune-up, repair or replacement. Dyna- mometer tests, if available, or timed acceleration test should be utilized in this evaluation; o Compression readings should be taken; o Long-term lubricant and fluid changes such as rear axle lubricant or wheel bearings; o Change out of components for "wear out" to avoid probable road failure; o Inspect and evaluate Body Components; and o Other activities as recommended by the manufacture main- tenance manual. C.I.12. More frequent inspections may be necessary for various rea- sons (i.e. flooded streets causing wheel bearing problem) . { SUBJECT II. MAINTENANCE SERVICE RECORDS 1 C.II.1. General repairs and mileage inspections are initiated by a Service Order Form describing the work to be done. C.II.2. Mileage inspection cards listing items to be inspected can be developed locally and accompanies the Service Order Form. C.II.3. The hard copy of the Service Order should be filed by coach number until the work is completed. C.II.4. After the work has been completed post all Service Orders to the individual Bus Record file where it remains until the next scheduled mileage inspection. C.II.5. The Bus Record file is the permanent record of Maintenance activity concerning each individual bus. Included in this file is the following: • Record of all mileage inspection; • Accumulative mileage; • Major component replacement list and wear mileage; • All defect cards and service orders since last inspect- tion; and • Record of all lubricants. C. II.6. A Road and Service Calls Record Form 5048 must be maintained at all times. C. II.7 Fuel and Oil utilizations and inventory is maintained on the Daily Garage Service Report Form M-1520 and further posted to the individual vehicle mileage, Fuel and Oil Form 2011 (modified) . C.II.8. Vehicle mileage must be maintained daily on each vehicle and posted to vehicle mileage, Fuel and Oil Form 2011 (modi- fied). C.II.9. A separate Form 1520 is prepared each month showing the cum- ulative inventory activities for the month for fuels and oils and the monthly closing and opening meter readings. C. II.10. A monthly summary of each vehicle mileage accumulation and fuel and oil use for each vehicle must be included with the monthly Garage Service Report - Form 1520. C.II.11 . An accident Repair Order Form Hl-53 is used to order repairs due to accident, fire or collision only. C.II.12. Service Orders and Defect Cards are maintained in an inact- ive storage file for three (3) years following the scheduled inspection. They are filed by vehicle number. C.II.13. Preventive maintenance inspections should be recorded by bus. C.II.14. Whenever a vehicle is damaged from an accident, a descrip- tion of damage and estimate of repair is made a part of the accident report on Form 1528 "Estimate of Damage". C.II.15. Form 636 "Company Car Report" is filled out and forwarded to CCL before the 10th of the month on each automobile and truck. WAS 6. December 12, 1984 Council Letter 209 Honorable Mayor and Members of City Council Subject: Upcoming Legislative Session Some of the issues of municipal interest proposed for the 1985 session have been briefly summarized for Council's review and consideration in order to establish legislative positions on these issues. A table of contents references the material which has been numbered beginning with priority issues from the Texas Municipal League. Listed next are issues of interest to this area but not necessarily of high priority to TML. Finally, there are several issues of concern expressed by City departments. Some of these issues will be discussed briefly at work session. If you have any particular areas of concern that you may wish to address, as well as any additional information that you would like, we would be pleased to discuss them with you. Karl Nollenberge O City Manager REVIEW PACKET 1985 TEXAS STATE LEGISLATURE TABLE OF CONTENTS LIMITATIONS ON MOBILE HOME RESTRICTIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES. . . . . . . . . . .. . . . . . . . . . . .. . . . . . . 3 RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES. . . .. . . . . . . . . . . . . . . .. . . . . . 4 ANNEXATION LIMITATIONS FOR HOME RULE CITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CITY JAIL STANDARDS. . . . . . . .. . . .. . .. . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . 6 FIRE—POLICE LONGEVITY PAY. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 7 MANDATED FIRE MANNING REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ELIMINATION OF LOCAL OPTION TO CREATE OR REPEAL FIRE—POLICE COLLECTIVE BARGAINING.. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . 9 FISCAL NOTE REQUIREMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 PROPERTY TAX CODE AMENDMENTS.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 AMENDMENTS TO FINANCIAL DISCLOSURE REQUIREMENTS. . . . . . . . . . . . . . . . . . . . . . . . .12 EXCEPTION TO OPEN RECORDS ACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 PROPERTY TAX DELINQUENCY PENALTIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 STATE PAYMENTS TO CERTAIN CITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 MASS TRANSIT FUNDING. . . . . . . . . .. .. . . . . .. . . . . . . .. .. . . . . . . . . . .. . . . . . . . . . . . .16 NEW PROPERTY TAX EXEMPTIONS. . . . . . . . . .. . . . . .. . . . . . .. . . . . . . . . . . . . .. . . . . . . .17 LOCAL PARKS FUNDING. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .18 EXERT CERTAIN MUNICIPAL PERSONNEL FROM TMRS. . . . . . . . . . . .. .. . . . . .. . . „ _ . .19 REDRAFT OF ARTICLE 5154c-1 V.T.C.S. GRANTING COLLECTIVE • BARGAINING TO FIRE AND POLICE. . .. . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. ..20 LOCAL ONE—.CENT OPTION SALES TAX. . .t • . . .21 - . .:n• „ i COASTAL COUNTIES REGULATORY PO4TERS . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 22 CONTAINER DEPOSIT LEGISLATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CONTROL OF TIPPING OF MUNICIPAL SOLIE WASTE. . . . . . . . . . . . . . . . . . . . . . . . . 24 LICENSING REQUIREMENTS FOR GENERAL AND RESIDENTIAL CONTRACTORS. . . .. . 25 LAW ENFORCEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 II LEGISLATION TO LIMIT THE CITIES' POWER TO RESTRICT THE LOCATION OF MOBILE HOMES Purpose The Texas Manufactured Housing Association (TMHA) will challenge the right of cities to restrict or deny any residential dwelling in their boundaries solely because it, or any portion of it, was constructed or manufactured at a location other than the homesite. History In 1982, the Texas Supreme Court upheld the validity of municipal ordinances regulating the location of mobile homes. The case involved Herman Comeau and Brookside Village which denied Mr. Comeau a permit to install a mobile home on his property. The property was located in a neighborhood of conventional site-built houses. The Supreme Court upheld the City's ordinance to distinguish between mobile homes and site-built homes. The Court's position was as follows: Mobile homes, by definition, are manufactured to permit movement. .. . The inherent structural differences in such manufactured housing can make them vulnerable to windstorm and fire damage, and their mobile nature may lead to transience and detrimentally impact property values if scattered throughout a municipality. Following the Comeau decision, TMHA turned to the Texas Legislature for relief. In 1983 they sponsored S.B.423 which they cited as the "Texas Right to Housing Act". The bill provided that: 1. A person could not be denied the right to erect any residential dwelling in this state solely because it or any portion thereof was not constructed on the homesite, if the dwelling meets all other land-use requirements and meets applicable state or local building code requirements. 2. A general law or a home-rule city may not deny any person a permit to locate a manufactured home; if the home is installed on a permanent foundation; if it is inspected by the state; and if the home meets all land use requirements applicable to any residential dwelling proposed for the site. The bill was narrowly defeated. Ten months ago, TMHA approached TML and suggested that mutually acceptable legislation be drafted. TML did not agree to negotiate this year and will oppose any bill like S.B.423. Comments Until some agreements on this sensitive issue can be reached, any bill solely supported by TMHA should be opposed. However, to retreat 1 l T from negotiating with TMHA may be fool-hearty in the long run. Manufactured housing will not go away by wishing it so. Some form of mobile or manufactured housing comprises almost 40% of all new single-family units sold in the U.S. each year and Texas is the biggest market. The Tt4HA will go the U.S. Supreme Court route next time, only it will not be with an $8,000.00 type mobile home. They will challenge the law with the luxurious $90,000 double-wide manufactured house. It should also be mentioned that cities in seventeen states have lost their restrictive power over mobile and manufactured homes by either state legislation or court decisions. 2 AN EFFORT TO REPEAL ARTICLE 5154c, V.T.C.S. WHICH PROHIBITS COLLECTIVE BARGAINING FOR PUBLIC EMPLOYEES Purpose A piece of legislation will undoubtedly be introduced to repeal article 5154c, V.T.C.S. in order to establish collective bargaining for all public employees. History In 1947 Article 5154c, V.T.C.S. was enacted to prohibit collective bargaining. The article essentially states the following: (a) Public sector collective bargaining is illegal. (Except that fire and police can gain collective bargaining rights on local- option basis under Article 5154c-1). (b) It is unlawful for any City Council or other public body to recognize a labor organization as the bargaining agent for public employees. (c) Any contract between a public body and its employees is void. (d) Strikes by public employees are illegal. Repealing Article 5154c and replacing it with legislation establishing collective bargaining/binding arbitration rights for all public employees has been a high priority of the Texas AFL-CIO for the past two decades. TML has consistently opposed all legislative efforts to establish collective bargaining rights for city or other public employees. Justification The City of Beamont opposes repeal of article 5154c and enactment of collective bargaining as counter productive to labor management harmony and strike reductions. No compelling arguments have been made to extend collective bargaining rights to all city employees, 3 RESIDENCY REQUIREMENTS FOR MUNICIPAL EMPLOYEES Purpose To maintain cities authority to mandate residency requirements. History The authority of cities to require residency has been long standing in Texas. Every session the legislature faces increased pressure from employee organizations to abolish such requirements. Similar anti— residency bills are expected to resurface in the 1985 session. Justification Local governing bodies should continue to have the authority to decide whether or not residency should be required. The City of Beaumont opposes any measure which strips decision making away from the local governing body on this issue. Serious consideration should be given to opposing any measure which strips decision making away from the local governing body. 4 f 1 POWERS OF HOME RULE CITIES — ANNEXATION Purpose To maintain the broad annexation powers authorized home rule cities by state statute. History Home rule cities currently have the authority to unilaterally annex adjacent unincorporated areas without the prior consent of the inhabitants affected. A number of bills which would have seriously limited the annexation powers of home rule cities were unsuccessfully introduced during the 1983 session. It is anticipated that similar measures will be introduced in the 1985 session. Jurisdiction The integrity of the Municipal Annexation Act which provides home rule cities with the ability to expand as deemed necessary by the local governing body should be maintained. The City of Beaumont opposes any measure which attempts to undermine the powers of home rule cities on annexation. 5 S 1 CITY JAIL STANDARDS Purpose The Texas Commission on Jail Standards is lobbying the 1985 legislature to require city jail standards to comply with model guidelines prepared by the commission in a "Draft Guidebook". History During the 1981 and 1983 legislative sessions, bills to bring city jails under the jurisdiction of the Texas Commission on Jail Standards were defeated. The State Commission, joined by CURE (Citizens United for the Rehabilitation of Errants) wants uniform standards relative to construction, maintenance, personnel manning and training, programs for rehabilitative opportunities, etc. TML strongly opposes this effort. It would be cost prohibative and would be somewhat meaningless considering the short amount of time offenders spend in city jails. Jurisdiction This is a classic choice between local or state control over city jails. The cities in this state have exercised good management over their jail conditions. The City of Beaumont opposes any legislation which would impose jail standards in cities. 6 f l FIRE-POLICE LONGEVITY PAY Purpose To oppose attempts by employee unions to raise longevity payments for firemen and policemen. History The payment of longevity pay to firemen and policemen employed by cities who have 10,000+ population is required by state civil service laws. The current rate is $4 per month per year of service up to $100 per month. Each session, union lobbyists attempt to persuade our legislators to increase the established rate. Few professionals believe that longevity pay has any impact on turnovers or attracting recruits. Jurisdiction Wage and salary issues are resolved through the bargaining process. State mandated benefits cost the city as much as locally negotiated benefits, but the city gets nothing in return. The City of Beaumont opposes any measure which would remove decision making on local issues away from cities and interfere in the collective bargaining process. 7 MINIMUM FIRE DEPARTMENT MANNING REQUIREMENT Purpose To proppose state mandated manning requirements for municipal fire departments of 1 .5 combat firefighters per 1 ,000 population. History The firefighters union is expected to have introduced, during the 1985 session, a bill which would establish minimum manning requirements for local fire departments. The firefighters union sponsored such legislation during the 1983 session resulting in the unsuccessful intro- duction of same. Abilene and Mesquite having manning requirement ordinances which cost those cities alot of additional expenses. Justification The allocation of local resources is a local legislative responsibility exercised by the local governing body. City Councils are the duly elected representatives of the people and should decide what level of fire protection is appropriate. In addition, the increased cost to cities statewide is estimated to be in the $80 million range. City of Beaumont to strongly opposes this kind of legislation. 8 ATTEMPT TO AMEND ARTICLE 5154C-1 V.T.C.S. TO ELIMINATE LOCAL OPTION VOTING REQUIREMENTS IN ESTABLISHING FIRE-POLICE COLLECTIVE BARGAINING Purpose Legislation will be introduced to scrap the requirements for local voter approval before allowing collective bargaining for police and fire departments, as well as, elmination of voter process for repeal of existing collective bargaining. History The Fire and Police Employee Relations Act (5154c-1 V.T.C.S. ) was passed in 1973. It provides that Fire and Police shall have the right to collective bargaining provided the majority of citizens within a Political subdivision vote "for" establishment of such. Also provided is citizen option to eliminate collctive bargaining by voting "for" repeal. The Texas Association of Fire Fighters has repeatedly sponsored bills to amend this article to favor their collective bargaining position and eliminate any possibility of losing collective bargaining by voter initiative. Justification Attempts to eliminate local option process for either establishment or repeal of collective bargaining for Police and Fire are not in the interest of local governments. The City of Beaumont opposes this legislation on the bases that it takes responsibility away from the local voters with no justification. 9 FISCAL NOTE REQUIREMENT Purpose Legislation will be introduced to provide legislators with an estimate of the cost associated with the implementation of any bill resulting in the required expenditure of city funds. History According to the TML, having the fiscal note requirement in place during the 1983 session resulted in the defeat of scores of bills that would have cost cities millions of dollars to implement. Justification Full knowledge of the impact of legislation requiring the expenditure of local funds has helped and should continue to help cities in their efforts to avoid unnecessary and unwieldy expenditures. 10 I PROPERTY TAX CODE Purpose To provide remedial amendments to the state's property tax code. History The package of proposed amendments submitted by TML during the 1983 session were never acted on. A number of these amendments promoting increased accountability on the part of appraised districts merit discussion. Proposed amendments include the following: 1 . Appraisal Board minutes should be distributed to participating taxing units within 30 days of each meeting. 2. Appraisal districts should undergo an annual, independent audit with the results of same distributed to participating taxing units and to the newspaper. 3. Appraisal roll deadline that must be followed to promote timely advisement of tax roll information to affected units. 4. The imposition of penalties for the failure of a business to timely file its rendition. This is to expedite the work of the chief appraiser. Justification Amendments which would make the system more orderly to facilitate local planning and which would promote additional accountability on the part of the appraisal district should be given serious consideration. The City of Beaumont endorses the legislation to be initiated by TML in this issue. 11 CORRECTIVE AMENDMENTS TO FINANCIAL DISCLOSURE REQUIREMENTS FOR CITY OFFICIALS Purpose These amendments to article 988b, U.T.C.S. would narrow the range of a city officials relatives, to include all persons related only in the first, not second degree by either affinity or consanguinity. City officials would be defined so as to exclude any administrative personnel, "Substantial interest" , now defined as any holdings over $2 ,500, would be amended to be more realistic. $2 ,500 of a multi-million dollar conglomerate is hardly a substantial holding. History The history of this legislation evolved to prevent elected or appointed public officials from deriving any economic benefit either directly or indirectly from decisions or policies they are required to make. S.B. 1044 was passed by the 1983 legislature and enacted into law on January 1 , 1984 to assure this end. Unfortunately, the bill was too broad and somewhat vague in its definitions, thus, resulting in a great deal of confusion by city officials as to what constitutes conflict of interest and who exactly on city staff should be required to comply with the new requirements. Justification It was never the intent of this law to inhibit administrative personnel in the performance of their responsibilities. The present definition of "substantial interest" is too limiting and should be redefined in order to give public officials a more realistic investment interest before they are disqualified from the decision making process. The City of Beaumont strongly endorses corrective measures to this legislation to lessen burden on local government officials. 12 EXCEPTION TO OPEN RECORDS ACT Purpose To amend the open records laws so that public disclosure of the names of applicants for appointed positions would not be required until the field had been narrowed to the finalists. History The process of filling top-level vacancies is difficult and time consuming. The current open records laws require public disclosure of the names of applicants. This obviously intimidates prospective applicants who may be well-qualified candidates, but for fear of their application becoming public information and thus jeopardizing their current positions from submitting their resumes for consideration. The "publics right to know" was never intended to deter top level candidates from seeking positions and until the field is narrowed to the top five, it does not appear that withholding the other applicants names would be unreasonable. Justification Passage of this legislation would guarantee protection to prospective applicants for top management positions until and unless they are chosen as one at least of five finalists. The City of Beaumont endorses the legislation to ensure the receipt of top quality applicants for positions in the City. 13 "` PROPERTY TAX - DELINQUENCY PENALTIES Purpose To increase the delinquent tax penalties to cover the costs associated with the collection of delinquent taxes. History Penalties which may be assessed against delinquent taxpayers are specified in the state's property tax code. During the 1983 session, a bill to increase delinquency penalties introduced, then defeated. A bill sponsored by TML is requested by Houston. This bill would allow cities to assess an additional delinquent tax penalty of up to 15% in order to defer collection costs. Justification The costs associated with delinquent collection efforts should be borne by those who are delinquent in their payments. The City of Beaumont endorses legislation to promote this cause. 14 � r STATE PAYMENTS TO CERTAIN CITIES Purpose Proposed law to establish a system of state payments to cities in which state facilities are located, as reimbursement for the expenses the city incurs in providing public safety and emergency medical services. History Providing public safety services to large state institutions requires considerable expense to the city in which the facility is located. S.B. 263 proposes a reimbursement to cities for providing these additional public safety and emergency medical services. This bill is supported by TML and would be of obvious benefit to cities with large state institutions located in them. Justification Providing public safety protection, fire, police, and Emergency Medical Services, to institutions the size of the state hospitals, universities and other such facilities is costly to the cities and some reimbursement would be equitable. The City of Beaumont endorses legislation to provide for equitable reimbursement of these costs. 15_ MASS TRANSIT FUNDING Purpose To provide alternative funding for the City's public transportation. History The Reagan Administration has proposed the elimination of federal assistance to Transportation. State legislation has been draf ted to enable a City to create a separate mass transit department for its jurisdiction. Expenditures would not be limited to transit operations; street improvements associated with operation of the transit system also would be eligible. This department would operate separately from general city operations and could, by local election, establish a sales tax rate from 1/4% to 1% to fund its operation. Additionally, this department would be able to issue bonds for capital improvements. The City Council would serve as the board of directors and exercise full authority over the system. Comments This would provide local guarantee of funding for long-term public transit needs. Dependence on Federal subsidy makes long range planning more difficult. The City of Beaumont feels this legislation is critical to the continued long-term operation of our mass transit system. Note: This should be reviewed by the Transit Advsiory Committee which meets January 17, 1985. Their additional comments might be helpful. 16 PROPERTY TAX EXEMPTIONS Purpose To create mandatory new property tax exemptions. History Special interest groups continually pressure legislators for exemptions from property taxation. During the last session, a variety of exemptions was introduced and defeated. Everything from boats to RV's to fish farms seem to have found its place in a bill to provide preferential tax treatment. The TML has always opposed the grant of additional exemptions from ad valorem taxation so as not to over burden remaining taxpayers. Jurisdiction The City of Beaumont endorses legislation so that any additions to the list of allowable exemptions should be tied to local option provisions. The City of Beaumont body could then respond as it deemed appropriate. 17 t LOCAL PARKS FUNDING Purpose To provide increased funding of the local parks fund. Local governments may make application for grants from this fund for financing local parks project. History The last legislature authorized an additional 1� cigarette tax for the local parks fund. However, it also directed the revenues to the general fund for a two-year period. The revenues generated by the 1� tax are about $18 million on an annual basis. There is some concern among local officials about the growing sentiment in the legislature for maintaining these revenues in the general fund. Justification Due to current economic conditions, the ability of cities to provide local parks improvements has been severely limited. Because of this, the TML's Parks and Recreation Association in conjunction with the Texas Recreation and Parks Society are proposing that an additional 1 of the existing cigarette tax be directed to the local parks fund along with the penny authorized during the last legislative session. The City of Beaumont endorses this legislative effort. 18 EXEMPT CERTAIN MUNICIPAL PERSONNEL FROM TMRS Purpose To permit cities to exempt their top-level professionals from coverage under TMRS and substitute deferred compensation plans for such employees. History Currently, mobile professionals are not likely to vest their pension contributions because of the long vesting period common in most Texas cities. The more progressive cities have vesting periods of ten years which exceeds the average tenure of city managers and other mobile professionals. Justification Although opposed by TML, this legislation which would provide some alternative pension program would allow Texas cities to more effectively compete for top talent from across the United States. The City of Beaumont endorses this program to attract top quality personnel. 19 REDRAFT OF ARTICLE 5154c-1 V.T.C.S. GRANTING COLLECTIVE BARGAINING TO FIRE AND POLICE MEMBERS Purpose To redraft the collective bargaining provisions making them more reasonable; and regarding binding arbitration, drafting it so as to comply with constitutional law. History Article 5154c-1 was passed in 1973. Although the Texas AFL-CIO had tried for 20 years to crack the State's tough public sector collective bargaining laws, it was through the efforts of the Texas Association of Fire Fighters (TAFF) the Fire and Police Employee Relations Act passed. This law establishes an elaborate set of procedures leading to the final resolution of labor-management impasses by either an arbitration board or a district court. The mechanics of the statute were designed by TAFF lawyers to assure maximum advantage to the firemen. An example of this advantageous positions is in the section that states firemen and policemen shall be provided "with compensation and other conditions of employment that are substantially the same as compensation and conditions prevailing in comparable private sector employment. " There are not comparable jobs to police and firefighters in the private sector. A task force of Texas municipal managers has been studying this legislation and recommend redrafting it. Comments Due to the pro-labor advantages in this act, and the lack of equitable procedures for impasse, a redraft of this legislation should be strongly supported. The City of Beaumont endorses legislation efforts to correct these measures. 20 LOCAL ONE CENT OPTION SALES TAX Purpose To provide funding source for capital improvements (.5 cents) and mass transit and other municipal purposes. History Increased sales tax has been proposed previously, but has not been adopted. Cutbacks in federal funding of mass transit and city improvements necessitate the creation of new revenue sources to address local infrastructure needs as well as providing a secure funding source for operation of the mass transit system. The advantage to this taxing revenue is that it increases in direct proportion to the economy and it would guarantee a revenue base for capital improvements. Justification This type legislation would provide local governments a guaranteed revenue source that would not be subject to federal or state interference or interruption. The City of Beaumont finds itself in great need of sources of funds for both purposes and endorses legislation to provide relief to these areas. 21 � S COASTAL COUNTIES REGULATORY POWERS Purpose To enable coastal counties to enact local regulations that would protect and maintain Texas beaches for the enjoyment of the public. History Currently, counties have authority to regulate in those areas specifically defined by state statute. Most of the state's beach areas are not covered by regulations concerning the use of glass containers, th use of motor vehicles, protection of natural dunes. Legislation of this type is advocated by the TML's Parks and Recreation Association. Justification Clean and safe beaches are one of Texas' assets that should be protected. The City of Beaumont endorses legislation to protect and maintain Texas beaches. 22 CONTAINER DEPOSIT LEGISLATION Purpose To provide an economic incentive for properly disposing of beverage containers. History Although previous attempts in this area have been unsuccessful, it is believed that the liquor lobby, which has previously been a powe rf ul opponent of this type of legislation, may be more willing to compromise given the growing public opposition to open containers in vehicles and serious attempts to raise the legal drinking age. Legislation of this type is advocated by the TML's Parks and Recreation Association. Justification This type of legislation would reduce the level of litter problems that Texas cities must contend with and assist in efforts towards a cleaner community. The City of Beaumont has an active and agressive clean community effort and endorses this legislation to act on that effort. 23 LEGISLATION ENABLING CITIES TO DIRECT THE TIPPING OF THEIR SOLID WASTE AT RESOURCE RECOVERY FACILITIES Purpose To guarantee municipalities the control over all solid waste generated inside city limits for resource recovery projects. History One of the major stumbling blocks to successful resource recover facilities has been municipalities inability to deliver the promised solid waste tonnage to the plant. The U.S. Supreme Court has ruled that cities can pass ordinances requiring disposal of all solid waste col- lected inside the city limits if they are authorized to do so by the state as part of the states solid waste management plan. Since resource recovery is a major priority of the newly proposed state plan, this kind of authority for cities should be approved. Justification This legislation would make Texas cities position much clearer in entering into any kind of long-term resource recovery, thus, facilitating the investigation and development of more waste to energy projects. The City of Beaumont endorses this legislation. 24 M T STATE LEGISLATION PRESCRIBING LICENSING REQUIREMENTS FOR GENERAL AND RESIDENTIAL CONTRACTORS Purpose To guarantee that safe building practices will be adherred to by knowledgeable and qualified persons involved in the building industry. History The state of Texas does not have any licensing requirements for persons purporting to be general contractors or residential contractors. There are strict licensing procedures for certain of the building trades, i.e. electricians; plumbers; and mechanical installations dealing with heating, ventilation, air conditioning, (HVAC) . Without some testing criteria to ascertain building knowledge, experience, and expertise anyone can label themselves as a general contractor or home builder. Several states, notably California and Florida, have licensing requirements for general and residential contractors. The City of Beaumont requires only the posting of a $15,000 bond. The erection of any structures done without knowledgeable direction and control pose a potential threat to public safety and consumer protection. Justification Public Safety as well as consumer protection can be served better if there is some standard measurement to assure that persons engaged as builders and contractors are knowledgeable about building standards and sound construction practices. The City of Beaumont endorses legislation to provide licensing requirements for contractors. 25 K l� • LAW ENFORCEMENT Purpose To amend existing laws to provide disincentives for violating the law and to reduce potential offenses. Issues 1. Mandatory prison sentences without possibility of parole or probation, for felony convictions involving the use of firearm. 2. Mandatory jail sentence for DWI convictions. 3. Six months loss of license for refusal to take sobriety test. the current law dictates 90 days loss of license. 4. Mandatory thorough and competent psychological evaluation of suspected mentally ill persons when officers and a judge believe the persons could cause injury to themselves or others. A judicial mandate of 15 to 30 days hold to allow time for such an evaluation and prevent premature release back on the streets. 5. Re-enact the legislation which prohibits persons from appearing in public masked or disguised. 6. Amend Texas Motor Vehicle laws, N.C.S. 6675b-7 dealing with license plates needing to be "clear and distinct at all times during daylight" to read anytime day or night. Clear visible placement or plates should also be included to this. Comment The City of Beaumont endorses legislation in the above-mentioned areas of concern. 26 CALENDAR Monday, December 17 - Council Chambers 3:45 P.M. - Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) * Tuesday, December 18 - Your Office 10:00 A.M. - Meet w/ Jim Cullen 11:00 A:M.=2:OD P.M. - Olga Keith Wiess Auditorium Annual Christmas Party - Board of Trustees & Adminstration of Baptist Hospital ** 12:00 Noon - G & H Enterprise; 713 Mariposa @ North Ribbon Cutting Ceremonies (Gail Durso) 1: 15 P.M. - Council Chambers Council Meeting, followed by Work Session * Wednesda " " Deecember 19 - City Hall (Downstairs) 11:30 A. - Jiadge Christmas Decorations * 1:30 P.M. - CASA Office Christmas get-together * Thursday, December 20 - Hilton Hotel , Grand Ballroom 12:00 _Noon n-- Luncheon (Transit Mix) * MAYOR ** COUNCILMEMBER WEISBACH � M CALENDAR Page 2 Friday,. December 21 - 3rd Floor, Allied Bank Building 2.00-5:00 P.M. Open House Benckenstein, Oxford, Radford, & Johnson * MAYOR ** COUNCILMEMBER WEISBACH