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HomeMy WebLinkAbout06/16/2020 PACKETBEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 16, 2020 1:30 PM * Approval of minutes — June 9, 2020 Confirmation of board and commission member appointments A) Approve a three-year contract with Cigna for various life insurance policies B) Adopt a Transit Public Transportation Agency Safety Plan C) Authorize the settlement of the claim of Trung Tai Truong A BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer "41 MEETING DATE: June 16, 2020 REQUESTED ACTION: Council consider approving,, a three-year contract with Cigna for various life insurance policies. BACKGROUND The City provides basic life and accidental death and dismemberment (AD&D) insurance for approximately 1,249 employees. The City -sponsored lice insurance is provided at no cost to the employee. The amount of the insurance coverage is 100% of the employee's annual base salary rounded to the next highest $1,000 to a maximum benefit of $50,000. Employees may elect to purchase Supplemental Life and Dependent Life at a group rate. The Supplemental Life is offered to all employees with approximately 829 participating. In February of 2020, City staff began analyzing the City -sponsored life insurance cost. Staff also began working with the City's benefit consultant, Holmes Murphy & Associates to solicit best and final bid proposals on the City's behalf. The City received a total of seven proposals from the following companies: Cigna, Ochs, Symetra, Met Life, AFLAC, Blue Cross Blue Shield of TX and The Standard. Upon receipt and review of the proposals, four bidding carriers were eliminated from consideration because their proposed rates were higher for basic and supplemental life coverage or they were not able to match the City's current benefits. Cigna, the inCLImbent carrier, offered the same coverage of benefits currently provided to employees at the rate ol' $0.145 per $1,000. Met Life will not cover employees who are not actively at work as of January 1, 2021, thus the City would be exposed to the possibility of covering those benefits for those employees. Ochs offered the lowest rate but they coordinate the contracts with different providers and did not meet the request of the City to be with one carrier so there would be coordination between LTD benefits which kick in after an employee is disabled for 90 days and when an employee is disabled for six months they are granted a waiver of life. Staff and the consultant for the City recommend a contract with Cigna. Basic Life/AD&D and Supplemental Life/AD&D/Dependent Life June 16, 2020 Page 2 The proposed pricing analysis based on 1,249 employees is as follows: Vendor Life & AD&D Monthly Annual Monthly Rate Premiums Premiums AFLAC $0.200 $9,347 $112,163 Blue Cross Blue $0.207 $9,732 $116,781 Shield of TX Cigna $0.145 $6,873 $82,472 Metropolitan Life $0.136 $6,048 $72,576 $0.110 $4,399 $52,782 Ochs $0.170 $7,697 $92,369 The Standard $0.174 $7,917 $95,008 Symetra FUNDING SOURCE Employee Benefits Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a three (3) year contract with CIGNA in the estimated annual amount of $82,472.00 for Basic Life and Accidental Death and Dismemberment (AD&D), Supplemental Life and Accidental Death and Dismemberment and Dependent Life Insurance effective January 1, 2021. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of June, 2020. - Mayor Becky Ames - BEAUMONT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Chris Boone, Planning & Community Development Director MEETING DATE: June 16, 2020 REQUESTED ACTION: Council consider a resolution adopting a Transit Public Transportation Agency Safety Plan. BACKGROUND The Federal Transit Administration (FTA) is requiring that transit agencies establish . a Public Transportation Agency Safety Plan. The Plan is attached for your review. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution. RESOLUTION NO. A RESOLUTION APPROVING THE TEXAS DEPARTMENT OF TRANSPORTATION SPONSORED PUBLIC TRANSPORTATION AGENCY SAFETY PLAN AND ESTABLISHING SAFETY PERFORMANCE TARGETS FOR BEAUMONT MUNICIPAL TRANSIT. WHEREAS, Safety is a core business function of all public transportation providers and should be systematically applied to every aspect of service delivery, as the Federal Transit Administration (FTA) has adopted the principles and methods of Safety Management Systems (SMS) as the basis for enhancing the safety of public transportation in the United States; and, WHEREAS, On July 19, 2018 the FTA published the Public Transportation Agency Safety Plan (PTASP) Final Rule, 49 CFR Part 673, which took effect July 19, 2019 requiring all FTA Section 5307 recipient transit agencies to, within one calendar year after July 19; 2019, establish a PTASP that meets the requirements of Part 673; and, WHEREAS, The PTASP, and subsequent updates, must be signed by the Accountable Executive and approved by the agency's Board of Directors, or an Equivalent Authority; and, WHEREAS, PTASP must document the processes and activities related to Safety Management System (SMS) implementation and include performance targets based on the safety performance measures established under the National Public Transportation Safety Plan, with those targets being shared with the South East Texas Regional Planning Commission (SETRPC) and the Texas Department of Transportation (TxDOT); and, WHEREAS, The initial PTASP for Beaumont Municipal Transit has been drafted by TxDOT per 49 CFR 673.11(d) and will remain in effect until the Beaumont Municipal Transit has drafted the next version; and, WHEREAS, Beaumont Municipal Transit is dedicated to ensuring that the necessary processes are in place to accomplish both enhanced safety at the local level and the goals of the NSP, as the SMS helps organizations improve upon their safety performance by supporting the institutionalization of beliefs, practices, and procedures for identifying, mitigating, and monitoring safety risks; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council for the City of Beaumont, Texas approves this PTASP and the tenets of SMS including a Safety Management Policy (SMP) and the processes for Safety Risk Management (SRM), Safety Assurance (SA), and Safety Promotion (SP), per. 49 U.S.C. 5329(d)(1)(A); and, BE IT FURTHER RESOLVED THAT as safety has always been a primary function at Beaumont Municipal Transit, this PTASP lays out a process to fully implement and review an SMS on a yearly and ongoing basis in order to continue compliance with the PTASP final rule. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of June, 2020. ATTEST: Bill Munson, General Manager of Beaumont Municipal Transit/Accountable Executive - Mayor Becky Ames - Gleaumont Municipal Transit Beaumont Municipal Transit Public Transportation Agency Safety Plan Version 1 Adopted Incompliance with 49 CFR Part 673 Developed in conjunction with the Texas Department of Transportation �s. GTj9,;3umo1n utpalrnsit TABLE OF CONTENTS 1. Executive Summary .....:..............................................................................................................4 A. Plan Adoption — 673.11(a)(1).............................................................................................................5 B. Certification of Compliance — 673.13(a)(b)...................................... .................................................. 5 2. Transit Agency Information — 673.23(d).......................................................................................6 I. - Authorities & Responsibilities — 673.23(d)...................................................................................8 3. Safety Policies and Procedures....................................................... .............9 A. Policy Statement — 673.23(a)............................................................................................................9 I. Employee Safety Reporting Program — 673.23(b)........................................................................9 II. Communicating the Policy Throughout the Agency — 673.23(c)................................................10 B. PTASP Development and Coordination with TxDCT — 673.11(d) ....................................................10. C. PTASP Annual Review — 673.11(a)(5) ...............:. ..........11 D. PTASP Maintenance — 673.11(a)(2)(c).............................................................................................12 E. PTASP Documentation and Recordkeeping — 673.31 .....................................................................12 F. Safety Performance Measures — 673.11(a)(3)................................................................................13 . G. Safety Performance Target Coordination — 673.15(a)(b)................................................................14 4. Safety Management Systems — 673 subpart C............................................................................16 A. Safety Risk Management — 673.25..................................................................................................17 I. Safety Hazard Identification — 673.25(b)....................................................................................18 II. Safety Risk Assessment — 673.25(c).......................................................................:....................20 III. Safety Risk Mitigation — 673.25(d)...:..........................................................................................22 B. Safety Assurance — 673.27 (a).........................................................................................................23 I. Safety Performance Monitoring and Measuring — 673.27 (b)....................................................23 11. Safety Event Investigation — 673.27(B)(3)......................................................................:.............24 C. Safety Promotion — 673.29..............................................................................................................26 I. Safety Competencies and Training — 673.29(a)..........................................................................26 11. Safety Communication — 673.29(b)............................................................................................27 S. Appendix A...............................................................................................................................29 A. Glossary of Terms............................................................................................................................30 B. Additional Acronyms Used..............................................................................................................34 6. Appendix B...............................................................................................................................35 A. Council Minutes or Resolution........................................................................................................35 eBeaumont Munlctpat Transit LIST OF FIGURES Figure 1: BMT Organizational Chart ..............................................................................................................7 Figure 2: Safety Management Systems.......................................................................................................16 Figure 3: Safety Risk Management Process................................................................................................17 Figure4: Draft Risk Register........................................................................................................................18 Figure 5: Safety Risk Assessment Steps in Populating the Risk Register.....................................................21 Figure 6: Safety Risk Assessment Matrix.....................................................................................................21 Figure 7: Risk Register Mitigation Component............................................................................................22 LIST OF TABLES Table 1: Agency Information........:...... Table 2: ASP Annual Update Timeline..........................................................................................................12 Table3: ASP Record of Changes..................................................................................................................12 Table 4: NSP Safety Performance Measures...............................................................................................13 Table 5: Baseline 2019 Safety Performance Measures...............................................................................13 . Table 6: Fixed Route (Bus) Safety Performance Targets.............................................................................14 Table 7: Demand Response Safety Performance Targets........................................................... :................ 14 Table 8: PTASP Supporting Documents.............................................................................:.........................29 F Beaumont � Gla lt 1. EXECUTIVE SUMMARY Moving Ahead for Progress in the 21st Century (MAP-21) granted the Federal Transit Administration (FTA) the authority to establish and enforce a comprehensive framework to oversee the safety of public transportation throughout the United States. MAP-21 expanded the regulatory authority of FTA to oversee safety, providing an opportunity to assist transit agencies in moving towards a more holistic, performance -based approach to Safety Management Systems (SMS).. This authority was continued through the Fixing America's Surface Transportation Act (FAST Act). In compliance with MAP-21 and the FAST Act, FTA promulgated a Public Transportation Safety Program on August 11, 2016 that adopted SMS as the foundation for developing and implementing a Safety Program. FTA is committed to developing, implementing, and consistently improving strategies and processes to ensure that transit achieves the highest practicable level of safety. SMS helps organizations improve upon their safety performance by supporting the institutionalization of beliefs, practices, and procedures for identifying, mitigating, and monitoring. safety risks. There are several components of the national safety program, including the National Public Transportation Safety Plan (NSP), that FTA published to provide guidance on managing safety risks and safety hazards. One element of the NSP is the Transit Asset Management (TAM) Plan. Public transportation agencies implemented TAM plans:across the industry in 2018. The subject of this document is the Public Transportation Agency Safety Plan (PTASP) rule, 49 CFR.Part 673, and guidance provided by FTA. Safety is a core business function of all public transportation providers and should -be systematically applied to every aspect of service delivery. At Beaumont Municipal Transit (BMT), all levels of management, administration and operations are responsible for the safety of their clientele and themselves. To improve public transportation safety to the highest practicable level in the State of Texas and comply with FTA requirements, the Texas Department of Transportation (TxDOT) has developed this Agency Safety Plan (ASP) in collaboration with the City of Beaumont and BMT. To ensure that the necessary processes are in place to accomplish both enhanced safety at the local level and the goals of the NSP, the City of Beaumont and BMT adopt this ASP and the tenets of SMS including a Safety Management Policy (SMP) and the processes for Safety Risk Management (SRM), Safety Assurance (SA), and Safety Promotion (SP), per 49 U.S.C. 5329(d)(1)(A).1 While safety has always been a primary function.at BMT, this document lays out a process to fully implement an SMS over the next several years that complies with the PTASP final rule. 1 Federal Register, Vol. 81, No. 24 Beaumont Municipal • • Transit A. Plan Adoption - 673.11(a) (1) This Public Transit Agency Safety Plan is hereby adopted, certified as compliant, and signed by: Kyle Hayes, City Manager ACCOUNTABLE EXECUTIVE SIGNATURE DATE Since BMT is considered a department of the City of Beaumont, the main governing body is the Beaumont City Council. Approval of this plan by the Beaumont City Council occurred on [Im and is documented in @itESO,LUTI,0.N1 from the City Council Meeting. B. Certification of Compliance - 673.13(a) (b) TxDOT certifies on = that this Agency Safety Plan is in full compliance with 49 CFR Part 673 and has been adopted and will be implemented by BMT as evidenced by the plan adoption signature and necessary City Council approvals under Section 1.A of this plan. &ITle,;3u,nonl Micipal nsit 2. TRANSIT AGENCY INFORMATION — 673.23(D) BMT is the public transportation provider for the City of Beaumont, Texas. The BMT main office/transfer center is located at 550 Milam Street, Beaumont, Texas 77701. This location includes the administrative offices and the maintenance facility. BMT operates within the City Limits of Beaumont, Texas and provides fixed route service over 10 routes and complementary paratransit service, known as the Special Transit Service (STS). The STS provides door-to-door service for ADA eligible passengers. Hours of operation are Monday through Friday, 6:00 - am until 9:30 pm, and Saturdays, 7:30 am until 9:30 pm. The governing body of BMT is the Beaumont City Council. The Council includes -the Mayor, Wards 1, 2,.3, and 4 City Council Members, and two At -Large City Council Members. The Chief Executive Officer is the City Manager. The City of Beaumont contracts with Beaumont Transit Company (BTC) to operate the transit system. No additional transit service is provided by BMT on behalf of another transit agency or entity at the time , of the development of this plan. Table 1: Agency Information contains agency information while an organizational chart for BMT is provided in Figure 1. ell eaumont Municipal Transit I TABLE 1: AGENCY INFORMATION - Information . Information Full Transit Agency_Name Beaumont Municipal Transit (BMT) Transit Agency Address 550 Milam Street, Beaumont, Texas 77701 Name and Title of Accountable Executive' Kyle Hayes, City Manager 673.23(d)(1) Name of Chief Safety Officer or SMS Executive Bill Munson, BMT General Manager 673.23(d)(2) Temporary Project Manager Jes Prince; City of Beaumont Planning & Community Development Key Staff Jonathon Clegg, BMT Assistant General Manager Mode(s) of Service Covered by This Plan 673.11(b) Fixed Route Bus & Paratransit List All FTA Funding Types (e.g., 5307, 5310, 5311) 5307, 5339a Mode(s) of Service Provided by the Transit Agency Fixed Route Bus &Paratransit (Directly operated or contracted service) Number of Vehicles Operated 26 FIGURE 1: BMT ORGANIZATIONAL CHART ORGANIZATIONAL CHART �cc Beaumont Municipal • • Transit 9. Authorities & Responsibilities o 673.23(d) As stated in 49 CFR Part 673.23(d), BMT is establishing the necessary authority, accountabilities, and responsibilities for the management of safety amongst the key individuals within the organization, as those individuals relate to the development and management of our SMS. In general, the following defines the authority and responsibilities associated with our organization. The Accountable Executive has ultimate responsibility for carrying out the SMS of our public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the ASP (in accordance with 49 U.S.C. 5329(d)), and the agency's TAM Plan,.in accordance with 49 U.S.C. 5326. The Accountable Executive has authority and responsibility to address substandard performance in the BMT SMS, per 673.23(d)(1). Agency leadership and executive management are those members of our agency leadership or executive management, other than the Accountable Executive, Chief Safety Officer (CSO)/SMS Executive, who have authority or responsibility for day-to-day implementation and operation of our agency's SMS. The CSO is an adequately trained individual who has the authority and responsibility as designated by the Accountable Executive for the day-to-day implementation and operation of the BMT SMS. As such, the CSO is able to report directly to our transit agency's Accountable Executive. Key staff are staff, groups of staff, or committees to support the Accountable Executive, CSO, or SMS Executive in developing, implementing, and operating our agency's SMS. Front line employees perform the daily tasks and activities where hazards can be readily identified so the identified hazards can be addressed before the hazards become adverse events. These employees are critical to. SMS success through each employee's respective role in reporting safety hazards, which is where an effective SMS and a positive safety culture begins. In addition, over the next year, BMT will be reviewing and modifying, if necessary, our current job descriptions to ensure the job descriptions comply with 49 CFR Part 673. r aseaumont Munl 1paI Transit 3. SAFETY POLICIES AND PROCEDURES A. Policy Statement - 673.23(a) BMT recognizes that the management of safety is a core value of our business. The management team at BMT will embrace the SMS and is committed to developing, implementing, maintaining, and . constantly improving processes to ensure the safety of our employees, customers, and the general public. All levels of management and frontline employees are committed to safety and understand that safety is the primary responsibility of all employees. BMT is committed to: • Communicating the purpose and benefits of the SMS to all staff, managers, supervisors, and employees. This communication will specifically define the duties and .responsibilities of each--. employee throughout the organization and all employees will receive appropriate information and SMS training. • Providing appropriate management involvement and the necessary resources to establish an . effective reporting system that will encourage employees to communicate and report any unsafe work conditions, hazards, or at -risk behavior to the management team. • Identifying hazardous and unsafe work conditions and analyzing data from. the employee reporting system. After thoroughly analyzing provided data, the transit operations division will develop processes and procedures to mitigate safety risk to an acceptable level. • Ensuring that no action will be taken against employees who disclosesafety concerns through the reporting system, unless disclosure indicates an illegal act, gross negligence, or deliberate or willful disregard of regulations or procedures. • Establishing Safety Performance Targets (SPT) that are realistic, measurable, and data driven. • Continua Ily,improving our safety performance through management processes that ensure that appropriate safety management action is taken and is effective. Employee Safety Reporting Program ® 673.23(b) Frontline employees are a significant source of safety data. These employees are typically the first to spot unsafe conditions that arise from unplanned conditions either on the vehicles, in the maintenance shop, or in the field during operations. For this reason, the Employee Safety Reporting Program (ESRP) is a major tenet of the PTASP Rule. Under this rule, agencies must establish and implement a process that allows employees to report safety conditions directly to senior management; provides protections_ for employees who report safety conditions to senior management; and includes a description of employee behaviors that may result in disciplinary action. eeaumonl Municipal ransit BMT currently has a policy in place within the Employee Safety Handbook (Appendix A, Table 8 shows the document name, file name, and date of adoption) that requires employees to contact the Safety Coordinator with any safety concerns or questions. With respect to customer complaints, BMT has an online form that can be submitted and is applicable to all types of complaints submitted to the agency. Over the next year, BMT will review and modify, if necessary, our employee safety reporting procedures to develop them into a full ESRP to ensure that the procedures comply with .49 CFR Part 673. In general, the BMT ESRP will ensure that all employees are encouraged to report safety conditions directly to senior management or their direct supervisor for elevation to senior management. The policy will include any contract employees. The policy will also spell out what protections are afforded employees who report safety related conditions and will describe employee behaviors that are not covered by those protections. The policy will also elaborate on how safety conditions that are reported will be reported back to the initiator(s) — either to the individual or groups of individuals or organization, dependent on the nature of the safety condition. To bolster the information received from frontline employees, BMT will also.review our current policy for how our agency receives information and safety related data from employees and customers. If necessary, BMT will develop additional means for receiving, investigating and reporting the results from investigations back to the initiator(s)— either to the person, groups of persons, or distributed agency - wide. to ensure that future reporting is encouraged. ll.. Communicating the Policy Throughout the Agency - 673.23(c) BMT is committed to ensuring the safety of our clientele, personnel and operations. Part of that commitment is developing an SMS and agency wide safety culture.that reduces. agency risk to the lowest level possible. The first step in developing a full SMS and agency wide safety culture is communicating our SMP throughout our agency. The SMP and safety objectives are at the forefront of all communications. This communication strategy will include posting the policy in prominent work locations for existing employees and adding the policy statement to the on -boarding material for all new employees. In addition, the policy statement will become part of our agency's regular safety meetings and other safety communications efforts. The policy will be signed. by the Accountable Executive so that all employees know that the policy is supported by management. B. PTASP Development and Coordination with TxDOT - 673.11(d). This PTASP has been developed by TxDOT on behalf of the South East Texas Regional Planning Commission (SETRPC), which is the Metropolitan Planning. Organization (MPO) for the area, and the City of Beaumont/BMT in accordance with all requirements stated in 49 CFR Part 673 applicable to a small public transportation provider. TxDOT mailed a formal call for participation in a State sponsored PTASP. development process to all Texas Section 5307 small bus transit agencies on January 15, 2019 and . eleoumonl Munlcipat Transit followed that call with a series of phone calls and additional correspondence. BMT provided a letter to TxDOT opting into participation on March 15, 2019 and has been an active participant in the development of this plan through sharing existing documentation and participating in communication and coordination throughout the development of this plan. The BMT documentation used in the development of this plan is presented in Table 8, in Appendix A. In support of tracking performance on our SA and SP processes, B.MT conducts a yearly safety culture survey. The survey is intended to help BMT assess how well we communicate safety and safety performance information throughout our organization by gauging how safety is perceived and embraced by BMT's administrators, supervisors, staff and contractors. The survey is designed to help us assess how well we are conveying information on hazards and safety risks relevant to employees' roles and responsibilities and informing employees of safety actions taken in response to reports submitted through our ESRP. Results from our most recent survey were analyzed and incorporated into the implementation strategies contained in this ASP. Once the documents were reviewed, an on -site interview was conducted with BMT to gain a better understanding of the agency. This understanding was necessary to ensure that the ASP was developed to fit BMT's size, operational characteristics, and capabilities. The draft ASP was delivered to BMT in February 2020 for review and comment. Once review was completed and any adjustments were made, the final was delivered to BMT for review and adoption. C. PTASP Annual Review - 673.11(a) (5) Per 49 U.S.C. 5329(d)(1)(D), this plan includes provisions for annual updates of the SMS. As part of BMT's ongoing commitment to fully implementing SMS and engaging our agency employees in developing a robust safety culture, BMT will review the ASP and all supporting documentation annually. The review will be conducted as a precursor to certifying to FTA that the ASP is fully compliant with 49 CFR Part 673 and accurately reflects the agency's current implementation status. Certification will be accomplished through BMT's annual Certifications and Assurances reporting to FTA. The annual review will include the ASP and supporting documents (Standard Operating Procedures [SOP], Policies, Manuals; etc.) that are used to fully implement all the processes used to manage safety at BMT. All changes will be noted (as discussed below) and the Accountable Executive will sign, and date the title page of this document and provide documentation of approval by the Beaumont City Council whether by signature or by reference to resolution. The annual ASP review will follow the update activities and schedule provided below in Table 2. As processes are changed to fully implement SMS or new processes are developed, BMT will track those changes for use in the annual review. Beaumont MunkipaI • • Transit TABLE 2: ASP ANNUAL UPDATE TIMELINE FebTask Mar Apr May Jun Jul Aug Sept Review Agency Operations Review SMS Documentation • Safety Policy; • Risk Management; • Safety Assurance; and • Safety Promotion. Review Previous Targets and Set or Continue ' `Ta'rgets _ Report Targets to National Transit Database (NTD), TOOT, SETRPC Make.Any;NecessaryAdjustments;to PTASP. Update Version No., Adopt & Certify Plan Compliance The following table, Table 3, will be used to record final changes made to the. ASP during the annual update. This table will be a permanent record of the changes to the ASP over time. TABLE 3: ASP RECORD OF CHANGES The implementation of SMS is an ongoing and iterative process, and as such, this PTASP is a working. document. Therefore, a clear record of changes and adjustments is kept in the PTASP for the benefit of safety plan performance management and to comply with Federal statutes. D. PTASP Maintenance - 673.11(a) (2) (c) BMT will follow the annual review process outlined above and adjust this ASP as necessary to accurately reflect current implementation status. This plan will document the processes and activities related to SMS implementation as required under 49 CFR Part 673 Subpart C and will make necessary updates to this ASP as BMT continues to develop and refine our SMS implementation. E. PTASP Documentation and Recordkee ping - 673.31 At all times, BMT will maintain documents that set forth our ASP, including those documents related to the implementation of BMT's SMS and those documents related to the results from SMS processes and activities. BMT will also maintain documents that are included in whole, or by reference, that describe 12 eleauo"I m Munlctpat Transit the programs, policies, and procedures that our agency uses to carry out our ASP and all iterations of those documents. These documents will be made available upon request to the FTA, other Federal entity, or TxDOT. BMT will maintain these documents for a minimum of three years after the documents are created. These additional supporting documents are cataloged in Appendix A and the list will be kept current as a part of the annual ASP review and update. F. Safety Performance Measures - 673.11(0)(3) The PTASP Final Rule, 49 CFR Part 673.11(a)(3), requires that all public transportation providers must develop an ASP to include SPTs based on the safety performance measures established under the NSP. The safety performance measures outlined in the NSP were developed to ensure that the measures can be applied to all modes of public transportation and are based on data currently being submitted to the NTD. The safety performance measures included in the NSP are fatalities, injuries, safety events, and system reliability (State of Good Repair as developed and tracked in the TAM Plan). There are seven (7) SPTs that must be included in each ASP that are based on the four (4) performance measures in the NSP. These SPTs are presented in terms of total numbers reported and rate per Vehicle Revenue Mile (VRM). Each of the seven (7) is required to be reported by mode as presented in Table 4. TABLE 4: NSP SAFETY PERFORMANCE MEASURES Safety - . - Measure Fatalities`. . ` Total N'umber.Rep,orted . Rate PerTotaI;VRM._ Injuries Total Number Reported Rate Per Total VRM ,Safety Events. Total'Number.Reported• . :: Rate Per Total VRM.,.,... System Reliability Mean distance between major mechanical failure Table 5: Baseline 2019 Safety Performance Measures presents baseline numbers for each of the performance measures. BMT collected the past five (5) years of reported data to develop the rolling averages listed in the table. TABLES: BASELINE 2019 SAFETY PERFORMANCE MEASURES *rate = total number for the year/total revenue vehicle miles traveled 13 Beaumont © Munlcfpal Transit i While safety has always been a major component of the BMT operation, the adoption of this ASP will result in changes across all aspects of the organization. The SPTs set in Table 6 and Table 7 reflect an acknowledgment that SMS implementation will produce new information that will be needed to accurately set meaningful SPTs. We will set our targets at the current NTD reported five-year average as we begin the process of fully implementing our SMS and developing our targeted safety improvements. This will ensure that we do no worse than our baseline performance over the last five years. TABLE 6: FIXED ROUTE (BUS) SAFETY Mode Fatalities ,. PERFORMANCE TARGETS Baseline Target 0 0 Rate of Fatalities* 0 0 Injuries 4 .. 4 ... Rate of Injuries* 0.0000011336 0.0000011336 ;Safety Events', :.` 3 3 Rate of Safety Events* 0.0000028340 0.0000028340 Mean Distance Between. Mechanical Fa IVla�or.;ilure 100;815 VRM 190,815 VRM *rate = total number for the year/total revenue vehicle miles traveled TABLE 7: DEMAND RESPONSE SAFETY PERFORMANCE TARGETS Mode Fatalities,•. Baseline _0. ,. Target 0... Rate of Fatalities* 0 0 Injuries, _ .0 Rate of Injuries* 0 0 Safety Events „ 2..: 2 Rate of Safety Events* 0.0000079945 0.0000079945 System Reliability ,39,501 VRM` - 39;501 VRM Other N/A N/A *rate = total number for the year/total revenue vehicle miles traveled As part of the annual review of the ASP, BMT will reevaluate our SPTs and determine whether the SPTs need to be refined. As more data is collected as part of the SRM process discussed later in this plan, BMT may begin developing safety performance indicators to help inform management on safety related investments. G. Safety Performance Target Coordination - 673.15(a) (b) BMT will make our SPTs available to TxDOT and SETRPC to aid in those agencies' respective regional and long-range planning processes. To the maximum extent practicable, BMT will coordinate with TOOT and SETRPC in the selection of State and SETRPC SPTs as documented in the Interagency Memorandum of Understanding (MOU). z �r Beaumont Municipal Transit Agency Safety Plan Each year during the FTA Certifications and Assurances reporting process, BMT will transmit any updates to our SPTs to both the SETRPC and TOOT (unless those agencies specify another time in writing). 15 eloaumont MuntcI I Transit 4. SAFETY MANAGEMENT SYSTEMS — 673 SUBPART C As noted previously, FTA has adopted SMS as the basis for improving safety across the public transportation industry. In compliance with the National Safety Program, National Public Transportation Safety Plan, and 49 CFR Part 673, BMT is adopting SMS as the basis for directing and managing safety and risk at our agency. BMT has always viewed safety as a core business function. All levels of management and employees are accountable for appropriately identifying and effectively managing risk in all activities and operations in order to deliver improvements in safety and reduce risk to the lowest practical level during service delivery. SMS is comprised of four basic components - SMP, SRM, SA, and SP. The SMP and SP are the enablers that provide structure and supporting activities that make SRM and SA possible and sustainable. The SRM and SA are the processes and activities for effectively managing safety as presented in Figure 2. FIGURE 2: SAFETY MANAGEMENT SYSTEMS Safety PromPtioh (Communication 041614 w;' ' 16 6,B MunlclpI emumo.nt ransit I Implementing SMS at BMT will be a major undertaking over the next_several years. This ASP is the first step to putting in place a systematic approach to managing the agency's risk. BMT has already taken several steps to implement SMS, such as developing this initial ASP and designating a CSO. During the first year of implementation, BMT will identify SMS roles and responsibilities, key stakeholder groups and key staff to support this process. BMT will also ensure that these key staff receive SMS training, develop a plan for implementing SMS, inform stakeholders about the ASP, and discuss our progress with the City Council and planning partners. A. Safety Risk Management - 673.25 By adopting this ASP, BMT is establishing the SRM process presented in Figure 3 for identifying hazards and analyzing, assessing and mitigating safety risk in compliance with the requirements of 49 CFR Part 673.25. The SRM processes described in this section are designed to implement the BMT SMS. FIGURE 3: SAFETY RISK MANAGEMENT PROCESS Safety Haza.r.,d Safety ,Risk Safety R;is.k Id,entif.i'c,ation. j : Assessment .: Mitigation j The implementation of the SRM component of the SMS will be carried out over the course of the next year. The SRM components will be implemented through a program of improvement during which the SRM processes will be implemented, reviewed, evaluated, and revised as necessary, to ensure the processes are achieving the intended safety objectives as the processes are fully incorporated into BMT's SOPs. The SRM is focused on implementing and improving actionable strategies that BMT has undertaken to identify,.assess and mitigate risk. The creation of a Risk Register provides an accessible resource for documenting the SRM process, tracking the identified risks, and. documenting the effectiveness of mitigation strategies in meeting defined safety objectives and performance measures. The draft Risk Register is presented in Figure 4. ��h eloauonlm Municipal Transit FIGURE 4: DRAFT RISK REGISTER As the SRM process progresses through the steps of identifying what may be wrong, what could happen as a result, and what steps BMT is taking to resolve the risk and mitigate the hazard, the CSO completes and publishes the components of the Risk Register. These components include the use of safety hazard identification, safety risk assessment, and safety risk mitigation, as described in the following sections. i. Safety Hazard Identification ® 673.25(b) BMT conducts quarterly inspections of facility buildings. As part of this inspection a Quarterly Facility Inspection, found in the Facilities and Equipment Maintenance Plan (Appendix A), is developed from an extensive checklist and notes any safety deficiencies that need to be addressed. BMT drivers also conduct daily inspections of their assigned vehicles and focus on safety related areas of the vehicles. Although the current procedures have been effective in achieving our safety objectives, to ensure compliance with 49 CFR Part 673, BMT is working to implement the following expanded SRM process. The BMT SRM process is a forward -looking effort to identify safety hazards that could potentially result in negative safety outcomes. In the SRM process, a hazard is any real or potential condition that can cause injury, illness, or death; .damage to or loss of the facilities, equipment, rolling stock, or infra- structure of a public transportation system; or, damage to the environment. Hazard identification focuses on out -of -the -norm conditions that need special attention or immediate action, new procedures, or training to resolve a condition that is unacceptable and return conditions to an acceptable level. BMT uses a variety of mechanisms for identifying and documenting hazards, namely: \ 18 GBeaumont Municipal Transit • Through training and reporting procedures, BMT ensures personnel can identify hazards and that each employee clearly understands that the employee has a responsibility to immediately report any safety hazards identified to the employee's supervisors. Continued training helps employees to develop and improve the,,skills needed to identify hazards. • Employee hazard training coupled with the ESRP ensures that BMT has full use of information from frontline employees for hazard identification. • Upon receiving the hazard report, supervisors communicate the identified hazard to the CSO for entry into the risk register for risk assessment, classification and possible mitigation. • In carrying out the risk assessment, the CSO uses standard reporting forms (e.g. Accident/Incident Reporting Form) and other reports completed on a routine basis by administrative, operations and maintenance. The BMT Employee Safety Handbook (Appendix A) contains procedures for flagging and reporting hazards as a part of day-to-day operations. • Supervisors in particular are responsible for performing and documenting quarterly,checks of the BMT facilities, which include reporting and recommending methods to reduce identified hazards. • BMT uses incident reports and .records to determine specific areas of. training that nedd to be covered with employees to ensure safety hazard identification is continually improved, and thus ensure that hazards are identified before an event recurrence. • Incident reports are also analyzed by the risk management team to identify any recurring patterns or themes that would help to identify underlying hazards and root causes of the event that can be mitigated to prevent recurrence. • If a hazard is such that an employee would be reluctant to reportthe information due to perceived negative consequences (e.g. disciplinary action), alternative, anonymous reporting mechanisms are available through an anonymous suggestion box, an anonymous online reporting form, or other secure mechanisms. • To increase the safety knowledge of our agency, the CSO, risk management personnel and subject matter experts are also encouraged to participate in available professional development activities and peer -to -peer exchanges as a source of expertise and information on lessons learned and best practices in hazard identification. • Other sources for hazard identification include: o ESRP o Inspections of personnel job performance, vehicles, facilities and other data o Investigations of safety events o Safety trend analysis on data currently collected o Training and evaluation records `'., 4 19 Beaumont Municipal • • Transit o Internal safety audits o External sources of hazard information could include: ■ FTA and other federal or state authorities ■ Reports from the public ■ Safety bulletins from manufacturers or industry associations In addition to identifying the hazard, the hazard identification process also classifies the hazard by type (organizational, technical or environmental) to assist the CSO in identifying the optimal combination of departmental leadership and subject matter expertise to select in assembling the,safetyrisk assessment team. The various hazard types can also be categorized by subcategory for each type. For example, organizational hazards can be subcategorized into resourcing, procedural, training or supervisory hazards. Each of the subcategories implies different types of mitigation strategies and potentially affect overall agency resources through varying costs for implementation. Technical hazards can be subcategorized into operational, maintenance, design and equipment. Additionally, environmental hazards can be subcategorized into weather and natural, which is always a factor for every operation. 111. Safety Risk Assessment — 673.25(c) As part of the new SRM process, BMT has developed methods to assess the likelihood and severity of the consequences of identified hazards, and prioritizes the hazards based on the safety risk. The process continues the use of the Risk Register described in the previous section to address the next two components. To accurately assess a risk, BMT may need to perform an investigation. BMT currently investigates accidents or crashes but will need to develop a full investigation procedure to inform the SRM process. The investigation procedure will start with that detailed in the Accident Investigations Section in BMT's document titled Fleet Safety Policy (Appendix A) as the framework.and will be developed to cover all risk assessment. Once fully developed, the document will become the Investigation SOP. The SOP will include accident investigation procedures as well as risk investigation procedures. These procedures will be used to investigate risks identified from multiple sources including the ESRP. Safety risk is based on an assessment of the likelihood of a potential consequence and the potential severity of the consequences in terms of resulting harm or damage. The risk assessment also considers any previouspitigation efforts and the effectiveness of those efforts. The results of the assessment are used to populate the third and fourth components of the Risk Register as presented in Figure 5. - . L 20 FIGURE 5: SAFETY RISK ASSESSMENT STEPS IN POPULATING THE RISK REGISTER The risk assessment is conducted by the CSO and the risk management team supplemented by subject matter experts from the respective department or section to which the risk applies. The process employs a safety risk matrix, similar to the one presented in Figure 6, that allows the safety team to visualize the assessed likelihood and severity, and to help decision -makers understand when actions are necessary to reduce or mitigate safety risk. FIGURE 6: SAFETY RISK ASSESSMENT MATRIX Although the current version of the matrix relies heavily on the examples and samples that are listed on the PTASP Technical Assistance Center website, lessons learned from the implementation process during the coming years will be used to customize the matrix that BMT will use to address our unique operating realities and leadership guidance. r 21 68,eaumontransi Municipal ; t I The Risk Assessment Matrix is an important tool. If a risk is assessed and falls within one of the red zones, the risk is determined to be unacceptable under existing circumstances. This determination means that management must take action to mitigate the situation. This is the point in the process when SRMs are developed. If the risk is assessed and falls within one of the yellow zones, the risk is determined to be acceptable, but monitoring is necessary. If the risk falls within one of the green zones, the risk is acceptable under the existing circumstances. Once a hazard's likelihood and severity have been assessed, the CSO enters the hazard assessment into the Risk Register that is used to document the individual hazard and the type of risk it represents. This information is used to move to the next step, which is hazard mitigation. iii. Safety Risk Mitigation a 673.25(d) As part of the Accident Investigation procedures in the Fleet Safety Policy (Appendix A), BMT currently uses accident investigations to identify trends in incident causes -and implement corrective action to. prevent their recurrence. Upon completion of the risk assessment, the CSO and the safety.team continue populating the Risk Register by identifying mitigations or strategies necessary to reduce the likelihood and/or severity of the consequences. The goal of this step is to avoid or eliminate the hazard or, when elimination is not likely or feasible, to reduce the assessed risk rating to an acceptable level (Figure 7). However, mitigations do not typically eliminate the risk entirely. FIGURE 7: RISK REGISTER MITIGATION COMPONENT b • . To accomplish this objective, the CSO, through the risk management team, works with subject matter experts from the respective department or section to which the risk applies. The risk management team then conducts a brainstorming exercise to elicit feedback from staff and supervisors with the highest level of expertise in the components of the hazard. Documented risk resolution and hazard mitigation activities from previous Risk Register entries and the resolution's documented level of success at achieving the desired safety objectives may also be . eleaumont Municipal Transit reviewed and considered in the process. If the hazard is external (e.g., roadway construction by an outside agency) information and input from external actors or experts may also be sought to take advantage of all reasonably available resources and avoid any�unintended consequences. Once a mitigation strategy is selected and adopted, the strategy is assigned to an appropriate staff member or team for implementation. The assigned personnel and the personnel's specific responsibilities are entered into the Risk Register. Among the responsibilities of the mitigation team leader is the documentation of the mitigation effort, including whether the mitigation was carried out as designed and whether the intended safety objectives were achieved. This information is recorded in the appendix to the Risk Register for use in subsequent SA activities and to monitor the effectiveness of the SRM program. B. Safety Assurance - 673.27 (a) Safety Assurance means processes within the BMT SMS that function to ensure a) the implementation and effectiveness of safety risk mitigation, and b) BMT meets or exceeds our safety objectives through the collection, measurement, analysis and assessment of information. SA helps to ensure earlyidentification of potential safety issues. SA also ensures that safeguards are in place and are effective in meeting BMT's critical safety objectives and contribute towards SPTs. i. Safety Performance Monitoring and measuring - 673.27 (b) As the first step in the BMT SA program, BMT collects and monitors data on safety performance indicators through a variety of mechanisms described in the following sections. Safety performance indicators can provide early warning signs about safety risks. BMT currently relies primarily on lagging indicators representing negative safety outcomes that should be avoided or mitigated in the future. However, initiatives are underway to adopt a more robust set of leading indicators that monitor conditions that are likely to contribute to negative outcomes in the future. In addition to the day-to-day monitoring and investigation procedures detailed below, BMT will review and document the safety performance monitoring and measuring processes as part of the annual update of this ASP. MONITORING COMPLIANCE AND SUFFICIENCY OF PROCEDURES — 673.27 (13)(1) BMT monitors our system for personnel compliance with operations and maintenance procedures and also monitors these procedures for sufficiency in meeting safety objectives. A list of documents describing the safety related operations and maintenance procedures cited in this ASP is provided in Appendix A of this document. Supervisors monitor employee compliance with BMT SOPs through direct observation and review of information from internal reporting systems such as the ESRP for employees, developed for this ASP and online forms submitted by customers. 23 618am eauont Municipal Transit BMT addresses non-compliance with standard procedures for operations and maintenance' activities through a variety of actions, including revision to training materials and delivery of employee and supervisor training if the non-compliance is systemic. If the non-compliance is situational, then activities may include supplemental individualized training, coaching, and heightened management oversight, among other remedies. Sometimes personnel are fully complying with the procedures, but the operations and maintenance procedures are inadequate and pose the risk of negative safety outcomes. In this case, the cognizant person submits the deficiency or description of inadequate procedures to the SRM process. Through the SRM process, the SRM team will then evaluate and analyze the potential organizational hazard and assign the identified hazard for mitigation and resolution, as appropriate. The SRM team will also conduct periodic self -evaluation and mitigation of any identified deficiencies in the SRM process itself. MONITORING OPERATIONS — 673.27(B)(2) Supervisors are required to monitor investigation reports of safety events and SRM resolution reports to monitor the department's operations to identify any safety risk mitigations that may be ineffective, inappropriate, or not implemented as intended. If it is determined that the safety risk mitigation did not bring the risk to an acceptable level or otherwise failed to meet safety objectives, then the supervisor resubmits the safety risk/hazard to the SRM process. The CSO will work with the supervisor and subject matter experts to reanalyze the hazard and consequences and identify additional mitigation or alternative approaches to implementing the mitigation. II. Safety Event Investigation - 673.27(B)(3) BMT currently conducts investigations of safety events. From a SA perspective, the objective of the . investigation is to identify causal factors of the event and to identify actionable strategies that BMT can employ to address any identifiable organizational, technical or environmental hazard at the root cause of the safety event. BMT's Fleet Safety Policy (Appendix A), includes a section regarding Accident Investigations procedures. All incidents and accidents are required to be reported promptly and investigated. This incident and accident investigation program provides an opportunity for management to evaluate and correct deficiencies found within the safety process. The depth of the investigation is determined by the potential severity and the probability of recurrence of the accident or near -miss, rather than by the severity of the injury and/or the amount -of financial loss. The Fleet Manager will participate in, or review, every incident investigation that occurs, while the Field Supervisor will be responsible for leading the investigation and providing suggestions for corrective action. The purpose of this procedure is prevention and can identify trends in incident causes and implement corrective action to prevent recurrence. -- -•fir i 24 Beaumont Municipal Transit Agency Safety Plan eTleouontm Municipalransit Safety Event Investigations that seek to identify and document the root cause of an accident or other safety event are a critical component of the SA process because they are a primary resource for the collection, measurement, analysis and assessment of information. BMT gathers a variety of information for identifying and documenting root causes of accidents and incidents, including but not limited to: 1. Obtain from the Operator the following information: a. The location of the incident and what direction they were traveling (inbound or outbound); if in station, indicate the situation. b. The bus number and the route that they are on c. If there are injuries, describe how serious they appear (don't be too graphic, just generalize). d. Provide information about any other vehicles or pedestrians involved and their descriptions. Remind the operator of the safety procedures: a. Turn on 4-way flashers. Place traffic warning devices (orange triangles). b. Recheck anyone with injuries, do not move the seriously injured. c. Render comfort and aid to anyone injured, as maybe appropriate. d. Evacuate the bus, if necessary. e. Keep the two-way radio on and monitored. f. Hand out courtesy cards to the passengers and to any witnesses. g. Move the vehicle to the side of the road unless it is inoperable. Notify the following: a. Call the Police. Call Emergency Medical Personnel (EMP) 911 b. Notify/call the CSO and Supervisors over Mechanic, and immediate supervisor on duty at the time, including: i. CSO ii. Mechanic Supervisor iii. Street Supervisor iv. Fixed Route Supervisor v. Paratransit Supervisor vi. Dispatch Supervisor 4. The supervisor will: a. Determine whether the General Manager or Assistant General Manager needs to be contacted but will give them a report when the supervisor finishes the initial assessment. b. Let the Operator know that Police and supervision have been contacted and help and is on the way. c. Assign a Standby Operator to pre -trip a bus in case a standby must drive the next round for the operator on that route. When needed, the Standby Operator may take;a bus out. to continue a route. d. Let the Operator know that a Standby Operator and bus have been assigned to continue the route or that support personnel are bringing another bus out to them. e � f 25 eleaumo,nt Municipl Transit e. Refer the operator for required drug and alcohol testing in compliance with 49 CFR §. 655.44 Post -accident testing, if the safety event meets the definition of accident in 49 CFR § 655.4. f. Return to the station. g. Record all accident information on the Daily Dispatch log, any missed trips, downtime, or bus change outs. 5. Dispatcher on duty will give the Operator an incident report to complete before the Operator leaves that day. Dispatcher will put the Operator's report in the CSO's box. 6. The CSO, working with content specialists, evaluates the incident report and other available information to determine the root cause of the accident/event. Follow up with driver or other cognizant parties may be necessary to elicit additional information. 7. The CSO identifies any hazards noted in the incident report and refers those hazards to the SRM process. MONITORING INTERNAL SAFETY REPORTING PROGRAMS 673.27(B)(4) As a primary part of the internal safety reporting program, our agency monitors information reported through the ESRP. When a report originating through the complaint process documents a safety hazard, the supervisor submits the hazards identified through the internal reporting process, including previous mitigation in place at the time of the safety event. The supervisor submits the hazard report to the SRM process to be analyzed, evaluated and, if appropriate, assigned for mitigation/resolution. OTHER SAFETY ASSURANCE INITIATIVES Because leading indicators can be more useful for safety performance monitoring and measurement than lagging indicators, BMT is undertaking efforts to implement processes to identify and monitor more leading indicators or conditions that have the potential to become or contribute to negative safety outcomes. This may include trend analysis of environmental conditions through monitoring National Weather Service data; monitoring trends toward or away from meeting the identified SPTs; or other indicators as appropriate. C. Safety Promotion - 673.29 Management support is essential'to developing and implementing SMS. SP includes all aspects of how, why, when and to whom management communicates safety related topics. SP also includes when and how training is provided. The following sections outline both the safety competencies and training that BMT will implement and how safety related information will be communicated. i. Safety Competencies and Training - 673.29(a) BMT provides comprehensive training to all employees regarding each employee's job duties and general responsibilities. This training includes safety responsibilities related to the employee's position. In addition, regular driver safety meetings are held to ensure that safety related .information is relayed to the key members of our agency's safety processes. t; . 26 Beaumont Municipal • • Transit ,I As part of SMS implementation, BMT will be conducting the following activities: • Conduct a thorough review of all current general staff categories (administrative, driver, supervisor, mechanic, maintenance, etc.) and the respective staff safety related responsibilities. • Assess the training requirements spelled out in 49 CFR Part 672 and the various courses required for different positions. (BMT is not subject to the requirements under 49 CFR Part 672 but will review the training requirements to understand what training is being required of other larger agencies in the event these trainings might be useful) • Assess the training material available on the FTA PTASP Technical Assistance Center website. • Review other training material available from industry sources such as the Community Transportation Association of America and the American Public Transportation Association websites. • Develop a set of competencies and trainings required to meet the safety related activities for each general staff category. • Develop expectations for ongoing safety training and safety meeting attendance. • Develop a training matrix to track progress on individuals and groups within the organization. • Adjust job notices associated with general staff categories to ensure that new personnel understand the safety related competencies and training needs and the safety related responsibilities of.the job. • Include refresher training and will be applied to agency personnel and contractors. Safety Communication - 673.29(b) BMT regularly communicates safety and safety performance information throughout our agency's organization that, at a minimum, conveys information on hazards and safety risks relevant to employees' roles and responsibilities and informs employees of safety actions taken in response to reports submitted through the ESRP (noted in Section 3.A.1) or other means. BMT reports any safety related information to the Beaumont City Council at their regular meetings and will begin including safety performance information. In addition, BMT holds regularly scheduled meetings with drivers to ensure that any safety related information is passed along that would affect the execution of the drivers' duties. BMT also posts safety related and other pertinent information in a common room for all employees. BMT will begin systematically collecting, cataloging, and, where appropriate, analyzing and reporting safety and performance information to all staff. To determine what information should be reported, how the information should be reported and to whom, BMT will answer the following questions: • What information does this individual need to do their job? <; 27 �.. a Beaumont Mun(cipal • • Transit • How can we ensure the individual understands what is communicated? • How can we ensure the individual understands what action must be taken as a result of the information? • How can we ensure the information is accurate and kept up-to-date? • Are there any privacy or security concerns to consider when sharing information? If so, what should we do to address these concerns? In addition, BMT will review our current communications strategies and determine whether others are needed. As part of this effort, BMT has conducted, and will continue to conduct, a Safety Culture Survey to understand how safety is perceived in the workplace and what areas BMT should be addressing to fully implement a safety culture at our agency. Beaumont Mun1;1PaI • • Transit °I 5. APPENDIX A TABLE 8: PTASP SUPPORTING DOCUMENTS File Name BMTAccident,Investigation Policy pdf . Revision D. - Document . - .Accident/Incident lnvestigation_, Policy/Procedures ' Document Owner BMT . BMT Agency Description.pdf Agency Description BMT BMT Agency Job Descriptons.pdf ' Job`Descriptions . BMT BMT Alcohol and Substance Abuse Policy.pdf Alcohol and Substance Abuse Policy BMT BMT CY2018 Accident; List.pdf 11/19/2018 .,List of Accidents:. 2018- BMT. BMT Emergency Operations Plan.pdf Emergency Operations Plan BMT 'BM T Emergency Preparedness : Plan..pdf'..' Emergency;Preparedness Plan " BMT BMT Employee Safety Handbook.pdf Employee Safety Handbook BMT BMT Facilities and Equipment Maintenance,Plan pdf.; ; " Facilities and, Equipmment. Maintenance Plan BMT Fares & Passes.pdf 10/16/2019 Fares & Passes BMT ;BMT Fleet Safety Policy.pdf . ;'Fleet Safety..Policy BMT, BMT FTA Triennial Review.pdf 8/6/2019 FY 2018 Triennial Review BMT/FTA BMT Funding.Sources.p:df.- Agency,Funding:Sources '. „ BMT BMT Governing Board.pdf Governing Board Description BMT _. p BMT MP.O. df " Mefropol.itdr,, Planning OCganization (MPO) BMT-" BMT Organizational Chart.pdf Organizational Chart BMT BMT P.urchdsing Policie's'and Procedurespdf .. Policies. and "Procedures Manual ' City -of B'eaumont= BMT Rolling Stock Maintenance' Plan.pdf Rolling Stock Maintenance Plan BMT ' BMT Routes, & Schedules.pdf Jul-15 . Public Transportation,IZoutes,.ard Schedules: BMT ... , "" BMT Transit Asset Mgmt Plan.pdf Feb-19 Transit Asset Management Plan BMT ,* 29 ont MuneiBecium Transit A. Glossary of Terms Accident: means an event that involves any of the following: a loss of life; a report of a serious injury to a person; a collision of transit vehicles; an evacuation for life safety reasons; at any location, at any time, whatever the cause. Accountable Executive (typically the highest executive in the agency): meansa single, identifiable person who has ultimate responsibility for carrying out the SMS of a public transportation agency, and control or direction over the human and capital resources needed to develop and maintain both the agency's PTASP, in accordance with 49 U.S.C. 5329(d), and the agency's TAM Plan in accordance with 49 U.S.C. 5326. Agency Leadership and Executive Management: Those members of agency leadership or executive management (other than an Accountable Executive, CSO, or SMS Executive) who have authorities or responsibilities for day-to-day implementation and operation of an agency's SMS. Chief Safety Officer (CSO): means an adequately trained individual who has responsibility for safety and reports directly to a transit agency's chief executive officer, general manager, president, or equivalent officer. A CSO may not serve in other operational or maintenance capacity, unless the CSO is employed by a transit agency that is a small public transportation provider as defined in this part, or a public transportation provider that does not operate a rail fixed guideway public transportation system. Corrective Maintenance: Specific, unscheduled maintenance typically performed to identify, isolate, and rectify a condition or fault so that the failed asset or asset component can be restored to a safe operational condition within the tolerances or limits established for in-service operations. Equivalent Authority: means an entity that carries out duties similar to that of a Board of Directors, for a recipient or subrecipient of FTA funds under 49 U.S.C. Chapter 53, including sufficient authority to review and approve a recipient or subrecipient's PTASP. Event: means an accident, incident, or occurrence. Federal Transit Administration (FTA): means the Federal Transit Administration, an operating administration within the United States Department of Transportation. Hazard: means any real or potential condition that can cause injury, illness, or death; damage to or loss of the facilities, equipment, rolling stock, or infrastructure of a public transportation system; or damage to the environment. Incident: means an event that involves any of the following: a personal injury that is not a serious injury; one or more injuries requiring medical transport; or damage to facilities, equipment, rolling stock, or infrastructure that disrupts the operations of a transit agency. 61,onlaum Municipal Transit Investigation: means the process of determining the causal and contributing factors of an accident, incident, or hazard, for the purpose of preventing recurrence and mitigating risk. Key staff: means a group of staff or committees to support the Accountable Executive, CSO, or SMS Executive in developing, implementing, and operating the agency's SMS. Major Mechanical Failures: means failures caused by vehicle malfunctions or subpar vehicle condition which requires that the vehicle be pulled from service. National Public Transportation Safety Plan (NSP): means the plan to improve the safety of all public transportation systems that receive Federal financial assistance under 49 U.S.C. Chapter 53. Occurrence: means an. event without any personal injury in which any damage to facilities, equipment, rolling stock, or infrastructure does not disrupt the operations of a transit agency. Operator of a Public Transportation System: means a provider of public transportation as defined under 49 U.S.C. 5302(14). Passenger: means a person, other than an operator, who is on board, boarding, or alighting from a vehicle on a public transportation system for the purpose of travel. Performance Measure: means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Performance Target: means a quantifiable level of performance or condition, expressed as a value for the measure, to be achieved within a time period required by the FTA. Preventative Maintenance: means regular, scheduled, and/or recurring maintenance of assets (equipment and facilities) as required by manufacturer or vendor requirements, typically for the purpose of maintaining assets in satisfactory operating condition. Preventative maintenance is conducted by providing for systematic inspection, detection, and correction of anticipated failures either before they occur or before they develop into major defects. Preventative maintenance is maintenance, including, tests,.measurements, adjustments, and parts replacement, performed specifically to prevent faults from occurring. The primary goal of preventative maintenance is to avoid or mitigate the consequences of failure of equipment. Public Transportation Agency Safety Plan (PTASP): means the documented comprehensive agency safety plan for a transit agency that is required by 49 U.S.C. 5329 and this part. . Risk: means the composite of predicted severity and likelihood of the potential effect of a hazard. Risk Mitigation: means a method or methods to eliminate or reduce the effects of hazards. r" 31 OBeaumont Munlclpal Transit Road Calls: means specific, unscheduled maintenance requiring either the emergency repair or service of a piece of equipment in the field or the towing of the unit to the garage or shop. Safety Assurance (SA): means the process within a transit agency's SMS that functions to ensure the implementation and effectiveness of safety risk mitigation and ensures that the transit agency meets or exceeds its safety objectives through the collection, analysis, and assessment of information. Safety Management Policy (SMP): means a transit agency's documented commitment to safety, which defines the transit agency's safety objectives and the accountabilities and responsibilities of the agency's employees regarding safety. Safety Management System (SMS): means the formal, top -down, data -driven, organization -wide approach to managing safety risk and assuring the effectiveness of a transit agency's safety risk mitigation. SMS includes systematic procedures, practices, and policies for managing risks and hazards. Safety Management System (SMS) Executive: means a CSO or an equivalent. Safety Objective: means a general goal or desired outcome related to safety. Safety Performance: means an organization's safety effectiveness and efficiency, as defined by safety performance indicators and targets, measured against the organization's safety objectives. . Safety Performance Indicator: means a data -driven, quantifiable parameter used for monitoring and assessing safety performance. Safety Performance Measure: means an expression based on a quantifiable indicator of performance or condition that is used to establish targets and to assess progress toward meeting the established targets. Safety Performance Monitoring: means activities aimed at the quantification of an organization's safety effectiveness and efficiency during service delivery operations, through a combination of safety performance indicators and SPTs. Safety Performance Target (SPT): means a quantifiable level of performance or condition, expressed as a value for a given performance measure, achieved over a specified timeframe related to safety management activities. Safety Promotion (SP): means a combination of training and communication of safety information to support SMS as applied to the transit agency's public transportation system. Safety Risk: means the assessed probability and severity of the potential consequence(s) of a hazard, using as reference the worst foreseeable, but credible, outcome. Safety Risk Assessment: means the formal activity whereby a transit agency determines SRM priorities by establishing the significance or value of its safety risks. y y,,r.� 32 &leaumont Municipal Transit. Safety Risk Management (SRM): means a process within a transit agency's Safety Plan for identifying hazards, assessing the hazards, and mitigating safety risk. Safety Risk Mitigation: means the activities whereby a public transportation agency controls the probability or severity of the potential consequences of hazards. Safety Risk Probability: means the Likelihood that a consequence might occur, taking as reference the worst foreseeable, but credible, condition. Safety Risk Severity: means the anticipated effects of a consequence, should the consequence materialize, taking as reference the worst foreseeable, but credible, condition. Serious Injury: means any injury which: • Requires hospitalization for more than 48 hours, commencing within seven days from the date that the injury was received; _. • Results in a fracture of any bone (except simple fractures of fingers, toes, or nose); • Causes severe hemorrhages, nerve, muscle, or tendon damage; • Involves any internal organ; or • Involves second- orthird-degree burns, or any burns affecting more than 5 percent of the body surface. Small Public Transportation Provider: means a recipient or subrecipient of Federal financial assistance under 49 U.S.C. 5307 that has one hundred (100) or fewer vehicles in peak revenue service and does not operate a rail fixed guideway public transportation system. State: means a State of the United States, the District of Columbia, or the Territories of Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. State of Good Repair: means the condition in which a capital asset is able to operate at a full level of performance. State Safety Oversight Agency: means an agency established by a State that meets the requirements and performs the functions specified by 49 U.S.C. 5329(e) and the regulations set forth in 49 CFR part 674. Transit Agency: means an operator of a public transportation system. Transit Asset Management (TAM) Plan: means the strategic and systematic practice of procuring, operating, inspecting, maintaining, rehabilitating, and replacing transit capital assets to manage their performance, risks, and costs over their life cycles, for the purpose of providing safe, cost-effective, and reliable public transportation, as required by 49 U.S.C. 5326 and 49 CFR part 625. 33 Beaumont � Municipal • • transit , Vehicle Revenue Miles (VRM): means the miles that vehicles are scheduled to or actually travel while in revenue service. Vehicle revenue miles include layover/recovery time and exclude deadhead; operator training; vehicle maintenance testing; and school bus and charter services. B. Additional Acronyms Used ASP: Agency Safety Plan BMT: Beaumont Municipal Transit BTC: Beaumont Transit Company EMP: Emergency Medical Personnel ESRP: Employee Safety Reporting Program FAST Act: Fixing America's Surface Transportation Act MAP-21: Moving Ahead for Progress in the 21'Y Century Act MOU: Memorandum of Understanding MPO: Metropolitan Planning Organization NTD: National Transit Database SETRPC: South East Texas Regional Planning Commission SOP: Standard Operating Procedure TxDOT: Texas Department of Transportation �' 34 alemo'.nt m Municfpf Transit 6. APPENDIX B A. Council Minutes or Resolution -tJ 35 -Ys BEAUMONT TO: FROM: PREPARED BY: MEETING DATE: City Council Kyle Hayes, City Manager Tyrone E. Cooper, City Attorney June 16, 2020 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Trung Tai Truong. BACKGROUND This matter was presented and discussed in Executive Session held on March 17, 2020. The City Attorney is requesting authority to settle this claim in the amount of $33,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the claim of Trung Tai Truong was discussed in Executive Session properly called and held Tuesday, March 17, 2020; and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and he is hereby, authorized to settle the claim of Trung Tai Truong for the sum of Thirty -Three Thousand and XX/100 Dollars ($33,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of June, 2020. - Mayor Becky Ames - BEAUMONT REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS CITY HALL 801 MAIN STREET TUESDAY, JUNE 16, 2020 1:30 PM AGENDA CALL TO ORDER Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider an ordinance granting anew solid waste franchise agreement with Action Trucking Company WORK SESSION Review and discuss proposed amendments to the City Charter Review and discuss fencing around the Botanical Gardens at Tyrrell Park COMMENTS Public Comment (Persons are limited to 3 minutes) Councilmembers/City Manager/City Attorney comment on various matters EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Kendrick Williams v. City of Beaumont, et al; Cause No. A-204,508 Southern Choice Consulting, LLC v. City of Beaumont; Cause No. A-205,533 Claim of ExxonMobil Oil Corporation v. City of Beaumont Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 June 16, 2020 Consider an ordinance granting a new solid waste franchise agreement with Action Trucking Company BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Fi»ancial Officer MEETING DATE: June 16, 2020 REQUESTED ACTION: Council consider an ordinaiice granting a new solid waste franchise agreement with Action Trucking Company. BACKGROUND According to Section 22.05.101 of the Code of Ordinances, no person shall engage in the business of collecting, hauling or transporting, in the cite. any garbage, waste or refuse, without first having obtained a franchise from the City. Eight entities currently have nonexclusive franchise agreements with the City. Action Trucking Company has requested a franchise agreement. The company is focused on construction and demolition waste and construction earth materials hauling with plans to operate from 16147 Sabine Consolidated Rd. Beaumont, TX 77105. The franchise provides for a term of one year from its effective date and a franchise fee of seven percent (7%) of gross revenues received for service. It also requires the entity to indemnify the City of Beaumont and provide insurance which names the City of Beaumont as a named insured. According to City Charter, franchise ordinances require readings at three separate Council meetings, with the third not less than thirty (30) days from the first reading. The ordinance does not take effect until sixty (60) days after its adoption on the third and final reading. After passage, the ordinance must be published for four consecutive weeks in a newspaper of general circulation in the City. All publication costs are paid by the franchisee. Attached is a copy of the franchise agreement for your review. This is the second reading. FUNDING SOURCE A franchise fee of seven percent (7%) of gross receipts will be paid to the City. RECOMMENDATION Approval of the ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A FRANCHISE FOR SOLID WASTE COLLECTION AND TRANSPORTATION SERVICES TO ACTION TRUCKING COMPANY. WHEREAS, Action Trucking Company (the "Company") has requested a franchise to operate a solid waste collection and transportation service within the City of Beaumont, Texas (the "City"); and, WHEREAS, the City desires to grant such franchise; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Grant of Authority There is hereby granted by the City to Action Trucking Company the right and privilege to operate and maintain within the City a solid waste collection and transportation service (the "service"). For purposes of this franchise, the term "solid waste collection and transportation service" shall mean the business of collection, hauling or transporting any garbage, rubbish, waste or refuse from locations in the City, and the disposal of such material in accordance with law. The franchise granted herein is nonexclusive, and franchises may be granted -to other persons for service. Section 2. Term of Franchise The franchise herein granted shall take effect and be in force sixty (60) days after the final passage hereof as required by law and upon the filing by the Company of an acceptance with the City Clerk, and shall continue in force and effect until one (1) year thereafter. The acceptance required hereunder must be in writing and filed with the City Clerk within thirty (30) days after final passage hereof. Upon the expiration of the term hereof, this franchise shall continue on a month -to -month basis until terminated by either party or extended or replaced. Section 3. Rates The Company shall establish rates for service which are uniform as to customer class based upon such criteria as type of waste, container size, frequency of collection, and distance of travel. The Company shall file its initial rates for service with its acceptance as required herein. Such rates shall, unless modified by the City, be effective with the effective date of this franchise. Any modifications in rates by the Company shall first be filed with the City Clerk and City Attorney and shall be effective thirty (30) days after such filing unless modified by City as provided herein. Nothing herein shall prevent the Company from charging uniform rates which are less than the rates filed with the City. The City shall have the right to establish rates charged by Company for services performed hereunder, after notice and hearing. Rates established by the City shall be sufficient to allow the Company an opportunity to earn a reasonable return on its invested capital used in providing such services. Section 4. Franchise Fee The Company shall pay to the City, on or before the fifteenth (15th) day of each month, a sum equal to SEVEN PERCENT (7%) of the gross revenues received for service in the previous month as payment for the use of the City's streets, alleys and rights-of- way. The payments herein provided do not relieve Company from the payment of ad valorem taxes, special assessments, charges, or other fees applicable to the public generally. City shall have the right, at any reasonable time, to audit the books and records of the Company and the Company is hereby required to make such books and records available at the request of City. Upon written acceptance, the Company shall furnish to the City a listing of customers served, including customer name, address, frequency of pick-up, size of container or type of service and charge for same. The following reports shall be filed monthly with the City Manager or his designee along with the street rental payment required herein: Upon written request and within thirty (30) days of receipt, the Company shall furnish to the City adequate reconciliation of reported revenues which would include: a listing of names and addresses of all customers served, frequency of pick-up, size of container or type of service and charge for same, and date service was initiated and discontinued. Section 5. Indemnity, Insurance and Bond The Company shall at all times during the effective period of this franchise, carry liability insurance as provided herein. The Company covenants and agrees at all times to indemnify and save harmless the City, its officers, agents, employees, and any member of the public against any and all injuries, damages, claims, causes of action or loss of compensation arising or resulting from Company's operations under this franchise, whether or not such loss was caused by the negligence of the City, its agents, servants or employees. Upon notice given Company by City, Company must defend at its own expense, any action or suit brought against the City because of any work or other acts done by the Company under the terms of this franchise. Counsel chosen by Company to defend City must be satisfactory to City. Company will pay any final judgment which might be obtained against City by reason of any work or acts done hereunder by Company, its agents, servants or employees, and Company will pay all damages occurring to any person or property, public or private, resulting from any fault or neglect on its part or on the part of its agents or employees. The Company agrees to carry insurance as follows: 1) Workers' Compensation The Company shall furnish the City Clerk a certificate of insurance indicating workers' compensation coverage as required by the State of Texas. 2) Automobile Liability Insurance The Company shall carry, in its own name, a policy in comprehensive form to insure the automobile liability of its operation with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury and, in addition, not less than One Hundred Thousand Dollars ($100,000.00) property damage. This policy shall name City as an additional insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise, and it shall -be maintained in force during the term of the franchise. 3) General Liability The Company shall carry, in its own name, a comprehensive liability insurance policy, including contractual coverage for operations other than automobile with limits of not less than Five Hundred Thousand Dollars ($500,000.00) per occurrence for bodily injury, and One Hundred Thousand Dollars ($100,00.00) per occurrence for property damage. The policy shall name the City as named insured and provide for thirty (30) days notice to City prior to cancellation. A certificate of insurance certifying such coverage shall be filed with the City Clerk before the effective date of this franchise and maintained in force during the term of the franchise. Section 6. Compliance with Laws and Ordinances The Company shall, at all times during the term of this franchise, be subject to all lawful exercise of police power by the City and to such reasonable regulations as the City shall hereafter by ordinance provide. In addition, the Company will observe all city, county, state, and federal laws regulating the collection and disposal of solid waste. Section 7. Service Standard and Equipment The Company shall maintain and operate its collection system and equipment in good order to render efficient service subject to the terms of this franchise. All vehicles, containers, and equipment used for the collection and transportation of solid waste shall be constructed, operated and maintained to prevent loss of liquid or solid waste material and to minimize health and safety hazards to solid waste management personnel and the public. Such vehicles, containers, and equipment used shall be maintained in a clean, sanitary condition and free from odors at all times. All vehicles and equipment shall comply with federal, state, and local regulations. Collection vehicles and all bulk, commercial, and roll -off type containers shall be painted and numbered and shall have the Company's name and telephone number painted in letters of a contrasting color. Such containers may not be placed on any street or right-of-way within the City. All collections shall be made directly from the premises of the customer and any emptied containers returned directly to such premises. Section 8. Providing Services The Company shall provide service to any person, firm, corporation, association or entity inside the City of Beaumont who requests such service and is not delinquent in the payment of collection charges due the Company. Section 9. Office The Company shall establish and maintain an office with telephone service and shall keep said office open.for business from 9:00 A.M. to 5:00 P.M. each and every day except Saturday, Sunday and holidays. Section 10. Interruption of Service In the event that service shall be interrupted for any reason for more than forty- eight (48) hours, the City shall have the right to make temporary independent arrangements for the purposes of continuing this necessary service to its residents in order to provide or protect the public health and safety. If the interruption in service mentioned herein continues for a period of seventy-two (72) hours, then the City shall have the right to terminate the rights and privileges granted in this franchise. Section 11. Termination In the event that any provision of this franchise is violated by the Company, the City may serve written notice upon the Company of its intention to terminate this franchise. The notice shall contain the reasons for such intention to terminate the franchise. Unless within ten (10) days after mailing such notice by City to the Company, such violation shall cease, or satisfactorily arrangements for correction be made by Company, the City Council may, after a public hearing in which Company is provided an opportunity. to present evidence concerning such violation, declare the franchise terminated and serve written notice upon the Company of the termination and the termination of the franchise shall be effective upon the mailing of such notice. Section 12. Transfer of Franchise Rights Franchise rights granted hereunder shall not be transferred to another without the approval of City. A single transfer or a series of transfers of Company's stock which constitute a transfer of a majority interest in Company is subject to the prior approval of City. Section 13. Notices Where written notices are provided for in this ordinance, same shall be sufficient to notify Company when provided by certified mail to: Action Trucking Company 1306 East Anderson Road Houston, TX 77047 Notice to City is sufficient if mailed by certified mail to: City Manager City of Beaumont P.O. Box 3827 Beaumont, TX 77704 Section 14. If any section, sentence, clause, paragraph or phrase of this ordinance, other than Section 4, is for any reason held to be invalid or illegal, such invalidity shall not effect the remaining portions of this ordinance. If Section 4 hereof is held to be invalid for any reason, the ordinance shall be immediately invalid. Section 15. It is agreed by City and Company that venue of any legal proceedings under this franchise agreement shall be in Jefferson County, Texas. Section 16. Vehicle Permits Twenty (20)' days prior to the effective date of this franchise, the Company shall furnish to the City a list of all vehicles to be providing solid waste collection and disposal service under this franchise. Such list shall include state license number, year, make, model and manufacturer's rated capacity for each vehicle. Vehicles not having a valid City of Beaumont landfill permit will not be allowed to operate under this agreement nor utilize the City refuse disposal facility. If at any time a vehicle or equipment is found to be in noncompliance with Section 7 of this franchise, the Company will be notified of its violation and said equipment or vehicle shall be removed from service upon, receipt of written notification. Failure to comply with this provision or to falsify, the information concerning the location of the service of the vehicle shall be a material breach of this franchise. Should City decide not to terminate this franchise because of any violation of this Section, Company's.disposal fee at City's landfill shall be doubled for all of Company's vehicles for a period of sixty (60) days. PASSED BY THE CITY COUNCIL of the City of Beaumont on first reading this the 9th day of June, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on second reading this the 16th day of June, 2020. PASSED BY THE CITY COUNCIL of the City of Beaumont on final reading this the day of , 2020. ACCEPTANCE: Action Trucking Company am (Company Owner/Representative) - Mayor Becky Ames - WORK SESSION Review and discuss proposed amendments to the City Charter ii l C �� �•r � t f l OF TIRE ADOPTED DECEMBER 6, 1947 As Revised January 25, 1972; August 13, 1983; Apri15, 1986; May 2, 1998; and September 16, 2003. PREFACE This publication of the Charter of the City of Beaumont is made primarily for the purpose of incorporating significant amendments to the Charter voted upon by the citizens of Beaumont September 13, 2003. In publishing this revised Charter, we would be remiss were we to fail to acknowledge, with gratitude, the Beaumont Charter Commission of 1947 who, by a majority vote, recommended the submission of the Charter of the City of Beaumont to the citizenry. Those members are: Chilton O'Brien T.N. Whitehurst B.N. Kiker Bryan D. Beck, Jr. Ray Coale H. C. Galloway W. B. Johnson Elmer Leach Kirby McGown George W. Morgan W. D. Norwood Mrs. Tom Rigsby W. N. Scarborough Ben F. Shipley J. B. Terrell The following constituted the Charter Amendment Review Committee who proposed - amendments to this Charter for adoption January 25, 1972: Anthony G. Brocato Co -Chairman Dr. Richard Brassard, Jr. Robert S. Bums Alvin Daniels Wm. C. Key Watt Langham Mame H. Meynig Ed Moore Chilton O'Brien Co -Chairman Mrs. Norma Parcel Pike Powers, Jr. Mark Steinhagen Rev. James B. Thompson Dr. Norman Weed Mrs. Ralph Wooster Grateful acknowledgment is made to the Home Rule Charter Committee who met to recommend the Charter amendments adopted April 5, 1986. Members of the Committee were: James M. Stokes Chairman Gaylyn Cooper Vice -Chairman Bill Cox Carol Flatten Lou Ann Peacock Ehner Ashcraft Steve Lawrence Edward Moore Mark Steinhagen Boyd Wells Gary White Sid Hodges Ernest Browne, Jr. George Hudspeth Vemice Monroe Dr. James Lewis Finally, acknowledgment is made of the many citizens who appeared. before the Commmittee to make suggestions as to content of the Charter, and to staff members who assisted the committee in their work. TABLE OF CONTENTS Page ARTICLE I Incorporation; Form of Government; Territory .........................1 ARTICLE II Powers of the City.................................................................... 6 ARTICLE III The City Council....................................................................... 8 ARTICLEIV Elections..................................................................................11 ARTICLE V The City Manager....................................................................13 ARTICLE VI The Budget...............................................................................15 ARTICLE VII Finance Administration........................................................... 20 ARTICLEVIII Taxation..................................................................................23 ARTICLE IX Issuance and Sale of Bonds .................................................... 24 ARTICLEX Ordinances.............................................................................. 26 ARTICLE XI Initiative, Referendum and Recall .......................................... 28 ARTICLE XII Law -Municipal Court ........................................................... 33 ARTICLE XIII Administrative Departments................................................... 34 ARTICLE XIV Street and Sidewalk Improvement .......................................... 35 ARTICLE XV Franchises and Public Utilities................................................36 ARTICLE XVI Municipally Owned Utilities ................................................... 40 ARTICLE XVII General Provisions.................................................................. 42 Article I INCORPORATION; FORM OF GOVERNMENT; TERRITORY. Section 1 - CORPORATE NAME: The inhabitants of the City of Beaumont, withthe boundaries as now established oras hereafter established inthe manner provided inthis Charter, shall continue to be and are hereby constituted a body politic and corporate, and to be known by the name and style of "The City of Beaumont." Section 2 - FORM OF GOVERNMENT: The municipal government provided by this Charter shall be known as the "Council -Manager Government." Pursuant to its provisions subject only to the limitations imposed by the State Constitution and general laws of this State, and by this Charter, all powers of the City shall be vested in an elective Council hereinafter referred to as the "City Council" which shall enact local legislation, adopt budgets, determine policies and appoint the City Manager and such other officials as provided in this charter. The City Manager shall execute the laws and administer the government of the City as provided herein. Section 3 - (BOUNDARIES: The bounds and limits of the City, of Beaumont are hereby established and described as follows: "Beginning on the right bank of the water's edge ofthe Neches River where the center line of Carroll Avenue in the Neches River Park Addition to the City of Beaumont strikes the river, Thence south with the center line of Carroll Avenue to a point opposite the southwest comer ofthe C. C. Caswell 256.6 acre tract, Thence east with the southern boundary line of said Caswell tract to the east side ofthe Texarkana and Fort Smith Railway Company's right of way; Thence southward with the eastern boundary line of said Texarkana and Fort Smith Railway Company's right of way to its point of curve, continuing southward to and across the Texarkana and Fort Smith Railway Company's spur track to the Beaumont Sawmill Company to a point in its southern boundary line; Thence in awesterly direction with the southern boundary line of said Texarkana and Fort Smith Railway Company's track to the eastern right of way line of the Texarkana and Fort Smith Railway Company's right of way, known as the Kansas City Southern Railway Company's right of way from Beaumont to Port Arthur, 2 Art. I -Incorporation Thence southeastward along said east right of way line of the Texarkana and Port Smith Railway to its intersection with the center line of Spindletop Avenue; ' Thence southwestward along the center line of Spindletop Avenue to its intersection with the east property line of the fresh water canal to Port Arthur, Thence northwestward along the northeast property line of the fresh water canal to Port Arthur, crossing Highland Avenue; Thence continuing westward along the northern property line of said fresh water canal to Port Arthur, and still continuing along said property line and following its curve to the north; Thence continuing northward along the east property line of said fresh water canal to Port Arthur to its intersection with the south line of the James W. Bullock Survey; Thence westward along the south line of the James W. Bullock Survey to the east line of the Samuel Stivers League; Thence continuing westward along the south line of the James W. Bullock Survey produced westward through the Samuel Stivers League to its intersection with the center Iine of MIlebrandt Bayou; Thence north along the center line of Hillebrandt Bayou to the center line of the Gulf and Interstate Railway Company's right of way; Thence southwestward along said Gulf and Interstate Railway Company's right of way to its intersection with the center line of Walden Road; Thence northwestward along the center line of Walden Road to its intersection with the south line of the Charles Williams League; Thence east along the south line of the Charles Williams League to the southeast comer of the Thomas H. Langham Subdivision; Thence north along the east line of the Thomas H. Langham Subdivision, it also being the east line of Lots 1, 8, 9, 16, 17,24 and 25 of said subdivision; Thence continuing northward alongthe dividing linebetween the west line of Caldwood Acres and the east line of the Langham Estate Subdivision to a point on the north line of the Texas and New Orleans Railroad Company's right ofway, said point also being inthe south line of Caldwood; Thence southwestward along the dividing line between Caldwood and the Texas and New Orleans Railroad Company's, right of way to the southwest comer of Caldwood; Thence northward along the dividing line between Caldwood-and Block "G" of the Langham Estate Subdivision to its intersection with the south line of the Hezekiah Williams League, said line also being the north line of the Charles Williams League; Art. I—Inco&poration 3 Thence westward along the south line of the Hezekiah Williams League, crossing the Calder Road to its intersection with the west line of Calder Road, said point of intersection also being the northeast comer of Lot 1, Block "D" of the Langham Estate Subdivision; Thence continuing westward along the north line of Lot 1,Block "D" said line also being the south line of Dowlen Road, and continuing to a point where the center line of Dowlen Road tums northwestward; Thence northwestward along the center line of Dowlen Road and crossing the Missouri Pacific right of way line;. Thence continuing northward along Dowlen Road, said road extending along the west line of Lots 6, 5, 4, 3, 2, 1 of Block "C" of the LanghamEstate Subdivision, to apoint in the center line ofDowle Road where said Dowlen Road turns eastward along the north line of -Lot 1, Block "C" ofthe Langham Estate Subdivision; Thence eastward along the center line of said Dowlen Road, which road extends along the north boundary of Lot 1, Block "C" of the Langham Estate Subdivision to its intersection with the center line of Dowlen Road where it again turns northward; Thence northward along center line of Dowlen Road, said road extending along the west line of Block "L" of the Langham Estate Subdivision, and continuing northward along said center line to its intersection with the north line ofthe Hezekiah Williams League; Thence eastward along the north line of the Hezekiah Williams League to its intersection with the west line of the Frederick Bigner Survey, said point being the southwest comer of the Frederick Bigner Survey; Thence northward along the west line ofthe Frederick Bigner Survey to the northwest comer of the Frederick Bigner Survey, said comer also being the southwest comer ofthe Thomas Speer League; Thence eastward along the dividing line between the FrederickBiguer Survey and the Thomas Speer League to the southeast comer of the Thomas Speer League; Thence northward along the east line ofthe Thomas Speer League to the southwest comer ofthe H R Williams Survey, said point also being the northwest comer ofthe Hezekiah Williams, Jr. Survey; Thence eastward along the south line of the H R. Williams Survey and the north Iine of the Hezekiah Williams, Jr. Survey to apoint on the right bank ofthe waters edge ofthe Neches River, Thence following the right bank of the water's edge of the Neches River down said river in an easterly direction to its intersection with the center line of Collier's Ferry Road; Thence southwestward, following the center line of said Collier's Ferry Road to a point where said center line intersects the south line of LaSalle Street; Art. I -Incorporation Thence eastward along the south Iine of LaSalle Street produced eastward, said line also being the north line of Beaumont Heights Subdivision, to its intersection with the center line of Brakes Bayou; Thence down the center line of Brakes Bayou with its meanderings to the right bank of the waters edge of the Neches River; Thence down the right bank of the water's edge of the Neches River with its meanderings to the place of beginning." Section4 -ANNEXATION O ADDIT 0NAT TERMT- lnv. The City shall have the power, by ordinance, to fix and change the bounds and limits of the city and to provide for the extension of the said bounds and limits and the annexation of additional territory lying adjacent to the city with or without the consent of the territory and the inhabitants thereof annexed; provided, however, that such an ordinance, or any amendment thereto, shall be published one time, prior to passage, in some daily newspaper published in the city and such ordinance shall not be passed until at least thirty days have elapsed after publication. The city shall have the power to annex additional territory, lying adjacent to the city, and the inhabitants thereof, as may be authorized by, and in the manner and form prescribed by any general law of Texas. IMMMM Ur r ._ Art. I -Incoi poration 5 Section 5 - CREATION OFWARD BOUNDARIES: Repealed 8-13-83. Section 6 - CHANGE OF WARD BOUNDARIES: The City Council shall have power to establish, alter or change the ward boundaries of the City of Beaumont; and to divide the City into wards, designating the same by number and describing same; provided that there shall at all times be four (4) wards within the City; and to change such wards from time to time as the City Council may deem expedient so that each ward shall contain as nearly as possible the same number of electors. (as amended 8-13-83) Article II POWERS OF THE CITY. Section 1 - GENERAL: The City of Beaumont, as such body politic and corporate, shall have perpetual succession; may sue and be sued; and shall have all the powers granted to cities by the Constitution and Laws of the State of Texas, together with all the implied powers necessary to carry into execution all the powers granted. The City may acquire property within or without its boundaries for any municipal purpose in fee simple or any lesser interest or estate, by purchase, gift, devise, lease or condemnation and may sell, lease, hold, manage and control any property now owned by it or which it hereafter may acquire, and may construct, own, lease, operate and regulate public utilities; may assess, levy and collect taxes for general and special purposes on all lawful subjects of taxation; may borrow money on the faith and credit of the City by the issuance and sale of bonds or notes of the City; may appropriate the money of the City for all lawful purposes; may regulate and control the use, for whatever purpose, of the streets and other public places; may make and enforce all police, health, sanitary and other regulations, and may pass such ordinances as may be expedient for the protection and maintenance of good government, peace and welfare of the City, for the performance of the functions thereof, for the order and security of its inhabitants, and to protect the peace, lives, health and property of the inhabitants; and may provide suitable penalties for the violation of any ordinance enacted by the City of Beaumont; and, except as prohibited by the Constitution ofthis State or restricted by this Charter, the City may exercise all municipal powers, functions, rights, privileges and immunities of every name and nature whatsoever. Section 2 - GENERAL POWERS ADOPTED: The enumeration of the particular powers in this Charter shall not be held or deemed to be exclusive, but, in addition to the powers enumerated herein or implied hereby or appropriate to the exercise of such powers, the City shall have and may exercise all power of local self-government and all other powers which, under the Constitution and Laws ofthe State of Texas, it would be competent for this Charter specifically to enumerate. The City of Beaumont shall have and exercise all the powers enumerated in Chapter 13, Title 28, Article 1175 of the Revised Civil Statutes of the State of Texas of 1925 and amendments thereto and hereafter enacted. Section 3 - EMINENT DOMAIN: The City shall have the full power and right to exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or by the Constitution and Laws of the State of Texas. The City may exercise the power of eminent domain in any manner authorized or permitted by the Constitution and Laws of this State or An. II -Powers of the City . 7 in the manner and form that may be provided by ordinance of the governing body of the City. The power of eminent domain hereby conferred shall include the right of the City to take the fee and land so condemned and such power and authority shall include the right to condemn public property for such purposes. The City shall have and possess the power of condemnation for any municipal or public purposes even though not specifically enumerated in this Charter. Section 4 - SANITARY SEWER SYSTEM: The City shall have the power to provide for a sanitary sewer system and to require property owners to connect their premises with such sewer system; and to provide for penalties for failure to make sanitary sewer connections. Articlelll THE CITY COUNCIL. Section 1 - GENERAL: Except as otherwise provided by this Charter, all powers conferred on the City shall be vested in a body to be known as "The City Council" and shall be exercised by the City Council. Section 2 - NUMBER AND TERM: The City Council shall be composed of a Mayor and six (6) Councilmembers. Four (4) Councilmembers shall be designated as "ward Councilmembers," each of whom shall be elected only by the qualified voters residing in the ward from which each such ward Councilmember is elected. Each ward Councilmember shall reside in the ward to which such Councilmember is elected to represent. Two (2) Councilmembers shall be designated "Councilmembers-at-large;" and the Mayor and Councilmembers-at- large shall be elected by all the qualified voters ofthe City. At the general election in 2004, the Mayor and at -large Councilmembers shall be elected to one (1) year terms. Thereafter, the Mayor and all Councilmembers shall be elected for two (2) year terms. (as amended 9-16-03) Section 3 - QUALIFICATIONS: The Mayor and each of the six (6) Councilmembers shall be at least twenty-one (21) years of age, shall be a citizen of the United States, and a qualified voter of the City of Beaumont. and be .affear-s ` ., the ...,.... eiA „f any liability dide the Qb% (as amended 4-5-86) Section 4 - SALARY: Salaries ofMayor and Council members shall be set by ordinance but may not be increased in the current term of the Mayor or Councilmembers enacting such ordinance. (as amended4-5-86) Section 5 - MAYOR: The Mayor shall preside at meetings of the City Council. He shall be known as the official head ofthe City Government but shall have no regular administrative duties. Section 6 - MAYOR PRO TEMPORE: The City Council shall elect one of its members as Mayor Pro Tempore for a one (1) year term. The Mayor Pro Tempore shall perform the duties of the Mayor in case of the absence or inability of the Mayor to perform the duties of his office, and, if a vacancy occurs, shall become Mayor for the unexpired term. If the Mayor Pro Tempore is unwilling to assume the duties of Mayor in the event of a vacancy in that office, then the City Council shall appoint a Mayor Pro Tempore from its membership. (as amended 5- 2-98) An. III — The Citv Council 9 Section 7 —VACANCIES: A vacancy in award position, whether filled by the City Council orby election, shall be filled by aresident ofthe ward inwhich the vacancy occurred. Vacancies intheCity Councilwherethesame donotexceedtwo (2) at any one time shall be filled by a majority of the remaining members of the City Council and the person elected shall serve for the unexpired term only. When more than two (2) vacancies occur, a special election shall be called to elect their successors to fill their unexpired terms; provided, however, if such vacancies occur within ninety (90) days prior to a general election, then no special election shall be called. But in that event, the remaining members of the City Council shall by a majority vote fill such vacancies and the person so elected shall serve only until the next general City election when such vacancies shall be filled. If four (4) or more vacancies occur within ninety (90) days of a general election, then, and in that event, a special election shall be called to fill the vacancies and the persons so elected shall serve only until the next general City election when such vacancies shall be filled. (as amended 4-5-86) Section 8 — MEETINGS: The City Council shall meet at regular meetings eachweekunlesspostponed forvalidreasons. Specialmeetingsofthe City Council shall be called by the City Clerk, atthe request ofthe Mayor, City Manager orfour (4) members of the City Council. Four (4) or more members of the City Council shall constitute a quorum for the transaction of business. All meetings of the City Council shall be held in a public place in the City of Beaumont. Meetings of the City Council shall be held in accordance with the laws ofthe State of Texas which require meetings ofpublic bodies to be open to the public. (as amended 4-5-86) Section 9 —PROCEDURE: The City Council shall determine its own rules and order of business. It shall keep a true and correct journal of all of its proceedings which said journal shall be open at all times to public inspection. Section 10—APPOINTMENT OF CITY MANAGER: The City Council shall appoint a City Manager who shall be the chief administrative and executive officer ofthe City. Section 11— CITY CLERK: The City Council shall appoint a City Clerk and prescribe the duties and compensation of said officer and provide himwith such assistance as it may deem necessary. He shall hold office during the pleasure ofthe Council. Section 12 — AUDITORS: Prior to the end of each fiscal year, the City Council shall designate one or more qualified public accountants who shall make an independent audit of accounts and other evidence of financial transactions ofthe City government for the fiscal year for which appointed, and shall submit their report to the City Council. teary of Said report shall be posted published in a lee -al 10 Art. III —The City Council on the City's website. Special audits shall be made when deemed necessary by the City Council. The original reports of the City auditors shall be kept among the permanent records of the City. No auditor or firm of auditors shall serve as auditor for the City of Beaumont for more than four (4� successive years. (as amended 4-5-86) Section 13 - INVIESTIGATIONS: The City Council or any person or committee appointed by it shall have power to inquire into the conduct of any department, office, agency or officer of the City; to make investigations as to City affairs and for that purpose may subpoena witnesses, administer oaths and compel the production of books, papers and other evidence material to said inquiry. The City Council shall provide by ordinance penalties for contempt in refusing to obey any such subpoena or failure to produce books, papers, and other evidence, and shall have the powerto punish any such content in amanner provided by ordinance. Article IV ELECTIONS. Section 1 - LAWS GOVERNING CITY ELECTIONS: All City elections shall be governed, except as otherwise provided by this Charter, by the laws of the State of Texas governing general and municipal elections, so far as same may be applicable thereto; and in the event there should be any failure of the general laws or this Charter to provide for some feature of the City elections, then the City Council shall have the power to provide for such deficiency. No informalities in conducting a City election shall invalidate the same, if it be conducted fairly and in substantial compliance with the general laws, where applicable, and the Charter and ordinances of the City. Section - ELECTION OFFICERS AND CANVASSING RETURNS: The election judges and other necessdry election officials for conducting all such elections shall be appointed by the Council, and they shall be qualified voters of the City of Beaumont e estien ^r-eeinet in „a,ieh they are to serer The election judges shall certify their count of the ballots, attaching the tally sheet to their certificate and deposit it with the City Clerk in a sealed envelope. the resuk of the ,lee fie. After an election, the Council shall meet and canvass the returns and officially declare the results of the election within the time period prescribed by the EIection Code of the State of Texas. Section 3 - GENERAL ELECTIONS HELD: All elective officers under this Charter shall be elected onregular election days as established bythe Election Code ofthe State of Texas. (as amended 4-5-86) Section4 - ELECTION BY MAJORITY, VOTING AT LARGE, RUNOFF ELECTION: The candidate for Mayor receiving the majority of the votes cast by the qualified voters of the City for Mayor shall be declared elected. The two (2) candidates for Councihmember-at-large receiving the greatest number of votes cast by the qualified voters of the City for Councilmember-at large shall be declared elected; it being the intention of this section that the Councilmembers-at-large shall be elected by aplurality rather than amajority of the votes. Each qualified voter shall be entitled, but shall not be required, to vote for two (2) candidates for Councihnember-at-large. The candidate for "ward Councilmember" receiving the majority of votes cast by the qualified voters residing in the ward shall be declared elected; it being the intention of this section that each ward as it may hereafter exist shall have equal representation on the Council, but that the four (4) ward Councilmembers shall be voted upon only by the qualified voters residing in each of the four (4) wards established by the City Council as provided in Article I of this Charter. Ifno candidate for Mayor or for 11 12 Art. IF -Elections ward Councilmember receives a majority of all votes cast in the general election for the position for which he is a candidate, a runoff election for such position shall be called to be held fourteen (14) days following the date of the general election, said runoff election to be held between the two (2) candidates who received the greatest number ofvotes cast in the general election for such position. In the event of a tie vote between two (2) or more candidates with the second greatest number of votes in the general election, or in the event of a tie vote between the two (2) candidates in a runoff election, the respective candidates so tied shall cast lots to determine who shall be, in the first instance, the successful candidate for the runoff election, or, in the second instance, the duly elected officer. In the event of a tie vote between three (3) or more candidates with the greatest number of votes or in the event of a tie vote between two (2) or more ofthe candidates with the second greatest number of votes in the general election for the position of Councilmember-at-large, the respective candidates so tied shall cast lots to determine who shall be, in the first instance, the duly elected officers or who shall be, in the second instance, the duly electedofficer. All effleefs ...... .................... ,,....., .,...e...,..the ...... Tu_.._.., ge^eF l leetio - If a runoff election is required, all officers duly elected therein shall take office in accordance with the time period prescribed by the Election Code of the State of Texas. (as amended 8-13-83) Section 5 — ELECTIONS AND NOMINATIONS: Any qualified person may have his or her name placed on the official ballot as a candidate for the office of Mayor or Councilmember by filing a sworn application for aplace on the ballot pursuant to the Texas Election Code. (as amended 5-2-98) Section 6 - BALLOTS: The official ballot shall be prepared in accordance withlaw. (as amended 8-13-83) Article V THE CITY MANAGER- S ection I - APPOINTMENT AND QUALIFICATIONS: The City Council shall appoint a City Manager who shall be the chief administrative and executive officer of the City and shall be responsible to the City Council for the efficient administration of all the affairs ofthe City. He shall be chosen by the City Council solely on the basis of his executive and administrative training, experience and ability, and need not, when appointed, be aresident ofthe City ofBeaumont, but during his tenure of office he shall reside within the City. No member ofthe City Council shall, duringthe time for which he is elected, be chosen as CityManager. Section 2 - TERM AND SALARY: The City Manager shall not be appointed for a definite term but may be removed at the will and pleasure of the City Council by a vote of the majority of the entire Council. Ifremoved after serving six (6) months, he may demand written charges and the right to be heard thereon at a public meeting of the City Council prior to the date on which his final removal shall take effect; but pending such hearing, the City Council may suspend him from office. The action of the City Council in suspending or removing the City Manager shall be final, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension or removal in the City Council. In case of the absence or disability ofthe City Manager, the City Council may designate some qualified person to perform the duties of the office during such absence or disability. The City Manager shall receive such compensation as may be fixed by the City Council. Section3-POWERSAND DUTIES OFTHE CITY MANAGER: The powers and duties of the City Manager shall be as follows: (1) Appoint and remove all heads of departments and all subordinate officers and employees of the City except as otherwise provided by this Charter and except as he may authorize the head of a department or office to appoint and remove subordinates in such department or office. The decision of the City Manager or other appointing officer shall be final and there shall be no appeal therefrom to any other office, body or court whatsoever. (2) Prepare the budget annually and submit it to the City Council and be responsible for its administration after adoption. 13 14 Art. V The CityManager (3) Prepare and submit to the City Council as of the end of the fiscal year a complete finance report for the preceding year. (4) Keep the City Council advised of the financial condition and future needs of the City and to recommend to the City Council for adoption such resolutions as he may deem necessary or expedient. (5) Perform such other duties as may be prescribed by this Charter or required of him by the City Council not inconsistent with this Charter. Section4 - INTERFERENCE BY CITY COUNCILPROHIBITED: Neither the City Council nor any of its committees or members shall dictate the appointment of any person to, orremoval from, office or employment or discipline by the City Manager or any of his subordinates or in any manner interfere in the appointment or removal or discipline of employees under the City Manager's authority. (as amended 9-16-03) Article VI THE BUDGET. Section 1 — FISCAL YEAR: The fiscal year of the City government shall begin on the first day of October and shall end on the last day of September of the following calendar year. Such fiscal year shall also constitute the budget and accounting year. As used in this Charter the term "budget year" shall meanthe fiscal year for which any particular budget is adopted and in which it is administered. In order to implement the change of the fiscal year, there shall be an interim budget from the 1 st day of July, 1972, to the 30th day of September, 1972, after which the fiscal year shall be as hereinbefore provided in this section. (as amended 1-25-72) S ection2 -PREPARATION AND SUBMISSION OF13UDGET: The City Manager, at least forty-five (45) days prior to the beginning of each budget year, shall submit to the City Council a proposed budget and an explanatory budget message in the form and with the contents provided by Article VI, Sections 13 and 15. For such purpose, at such date as he shall determine, he, or an officer designated by him, shall obtain from the head of each office, department or agency, estimates of revenue and expenditures of that office, department, or agency detailed by organization units and character and object of expenditure, and such other supporting data as he may request. Total proposed expenditures shall not exceed total anticipated revenues and available reserves in the City Manager's proposed budget. In preparing the budget, the City Manager shall review the estimates, shall hold hearings thereon and may revise the estimates, as he may deem advisable. (as amended 4-5-86) Section 3 - BUDGET A PUBLIC RECORD: The budget and budget message and all supporting schedules shall be a public record in the office of the City Clerk open to public inspection by anyone. The City Manager shall cause a reasonable number of copies of the budget and budget message to be prepared for distribution to interested persons. Section4 - PUBLICATION OFNOTICE OFPUBLICHEARING: At the meeting ofthe Council at which the budget andbudget message are submitted, the Council shall determine the place and time ofthe public hearing on the budget, and shall cause, to be published a notice ofthe place and time, not less than seven (7) days after date ofpublication, at which the Council will hold apublic hearing. Section 5 - PUBLIC HEARING ON BUDGET: At the time and place so advertised, or at any time and place to which such public hearing shall from time to time be adjourned, the Council shall hold a public hearing on the budget as 15 16 Art. VI -The Budget submitted, at which all interested persons shall be given an opportunity to be heard, for or against the estimates or any item thereof S ection 6 - FURTHER CONSIDERATION OF BUDGET: After the conclusion of such public hearing, the Council may insert new items or may increase or decrease the items ofthe budget, except items in proposed expenditures fixed by law. Before inserting any additional item or increasing any item of appropriation, it must cause to be published a notice setting forth the nature of the proposed increases and fixing a place and time, not less than five (5) days after publication, at which the Council will hold a public hearing thereon. Section 7 - ADOPTION OF BUDGET: After such further hearing, the Council may insert the additional item or items, and make the increase or increases, to the amount in each case indicated by the published notice, or to a lesser amount, but where it shall increase the total proposed expenditures, it shall also increase the total anticipated revenue to at least equal such total proposed expenditures. Section 8 - VOTE REQUIRED FOR ADOPTION: The budget shall be adopted bythe favorable votes of atleast amaj ority ofall members ofthe Council. Section 9-DATEOFFINALADOPTION;FAILURETO ADOPT: The budget shall be finally adopted not later than the twenty-seventh (2"71h) day of the last month ofthe fiscal year. Should the Council take no final action on or prior to such day, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council. Section-10-EFFECTIVE DATE OF BUDGET; CERTIFICATION; COPIES MADE AVAILABLE: Upon final adoption, the budget shall be in effect for the budget year. A copy ofthe budget, as finally adopted, shall be filed with the City Clerk and shall be posted on the City's website. the ''eimt • Clerk of JbffeFsen n fft and two St.,t,, n „t.- no fPubli n , v mts in Aust r. The final budget shall be printed, mimeographed or otherwise reproduced and a reasonable number of copies shall be made available for the use of all offices, departments and agencies, and for the use of interested persons and civic organizations. Section 11-BUDGET ESTABLISHES APPROPRIATIONS: From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named. Section 12- BUDGET ESTABLISHES AMOUNT TO BE RAISED BY PROPERTY TAX: From the effective date of the budget, the amount stated An VI— The Budget 17 there in as the amount to be raised by properly tax shall constitute a determination ofthe amount ofthe levy for the purposes ofthe City, in the corresponding tax year. Section 13-BUDGET MESSAGE; CURRENT OPERATIONS: The budget message submitted by the City Manager to the City Council shall be explanatory ofthe budget, shall contain an outline ofthe proposed financial policies of the City for the budget year and shall describe in connection therewith the important features of the budget plan. It shall set forth the reasons for salient changes from the previous year in expenditure and revenue items and shall explain any major changes in financial policy. Section14-BUDGET MESSAGE; SUPPORTING SCHEDULES: Attached to the budget message shall be such supporting schedules, exhibits and other explanatory material, in respect to both current operations and capital outlays as the City Manager shall believe useful to the City Council. Section 15- BUDGET: (a) Budget Preparation: The budget shall provide a complete financial plan for all funds for the fiscal year, which shall include (a) a budget message, (b) general summary, (c) detailed estimates of all anticipated revenues applicable to proposed expenditures, and (d) all proposed expenditures. The expenditures for general and special revenue funds shall be by function, department, activity, and by character and object. In funds other than general and revenue (enterprise funds), the proposed expenditures shall be presented in an understandable manner according to the discretion of the City Manager. (as amended 4-5-86) (b) Enforcement of the Budget: The City Manager shall strictly enforce the provisions ofthe budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. No officer or employee ofthe City shall place any orders or make any purchase except for the purposes authorized in the budget. Any officer or employee placing such orders or making such purchases may be held personally liable for same. (added by amendment 4-5-86) Section 16 -ANTICIPATED REVENUES COWARED WITH OTHER YEARS: In parallel columns opposite the several items of revenue there shall be placed the actual amount of such item for the last completed fiscal year, the estimated amount for the current fiscal year, and the proposed amount for the ensuing budget year. 18 Art. VI — The Budget ection 17-PROPOSED EXPENDITURES; COMPARISON WITH OTHER YEARS: The proposed expenditures for the administration, operation, maintenance and capital outlay of each office, department or agency of the City shall be itemized by character and object. In parallel columns opposite the various items of expenditures, there shall be placed the actual amount of such items of expenditures for the last completed fiscal year, the estimated amount for the current fiscal year and the proposed amount for the ensuing budget year. Section 18 - CONTINGENT APPROPRIATION: Provision shall be made in the annual budget and in the appropriation ordinance for a contingent appropriation in an amount not more than three (3) per centum of the total general fund expenditure, to be used in the case of unforeseen items of expenditures. Such contingent appropriation shall be under the control of the City Manager and distributed by him, after approval by the City Council. Expenditures from this appropriation shall be made only in case of established emergencies and a detailed account of such expenditures shall be recorded and reported. The proceeds of the contingent appropriation shall be disbursed only by transfer to other departmental appropriations, the spending of which shall be charged to the departments or activities for which the appropriations are made. Section 19- CAPITAL PROGRAM: (a) Submission to Council: The Manager shall prepare and submit to the Council a five (5) year Capital Program at least three (3) months prior to the final date for submission of the budget. (b) Contents: The Capital Program shall include: (1) A clear general summary of its contents; (2) A list of all capital improvements which are proposed to be undertaken during the five (5) fiscal years next ensuing, with appropriate supporting information as to the necessity of such improvements; and, (3) Cost estimates, method of financing, and recommended time schedules for each such improvement. The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. (added by amendment 1-25-72; effective date: 3 months prior to the 1973-74 budget year) Art. VI— The Budget Section20 - COUNCIL ACTION ON CAPITAL PROGRAM: The Council shall give notice of apublic hearing on the proposed Capital Program and shall hold said hearing in the same manner as provided in this Chapter for the annual budget. The hearing for the proposed Capital Program and the notice of same may be in conjunction with the annual budget. The Council shall, by resolution, adopt the Capital Program with or without amendment after the public hearing and on or before the 271 n day of the last month of the current fiscal year. (added by amendment, 1-25-72; effective: 3 months priorto the 1973-74 budget year) ' Section 21 - FIVE-YEAR PLANNING BUDGET: Repealed 9-16-03. Article VII FINANCE ADMINISTRATION. Section 1 — DIRECTOR OF FINANCE GENERAL: The City Manager shall be the Director of Finance. He shall have control of the custody and disbursement of City funds and monies according to ordinances and regulations of the City Council. If required by the City Council, he shall provide a standard surety company bond in such amount as the City Council may require, but not less than $250,000, said bond to be underwritten by a recognized and approved surety company with a permit to do business within the State of Texas, the premium of which bond shall be paid out of the funds of the City. (as amended 9-16-03) Section 2 - DIRECTOR OF FINANCE POWERS AND DUTIES: The Director of Finance shall have charge of the administration of the financial affairs of the City and to that end he shall have authority and be required to: (a) Compile the estimates of revenues and expenditures for the budget; (b) Supervise and be responsible for the disbursement of all moneys and have control over all expenditures to insure that budget appropriations are not exceeded; (c) Maintain a general accounting system for the City Government and each of its offices, departments and agencies and such subsidiary accounts and cost records as may be required by ordinance for purposes of administrative direction and financial control, keeping separate accounts for the items of appropriation contained in the City budget, each of which accounts shall show the amount of the appropriation, the amounts paid thereunder, the unpaid obligations against it and the unencumbered balance; require reports of receipts and disbursements from each receiving and spending agency of the City Government to be made at such intervals as he may deem expedient; (d) Submit to the City Council a monthly statement of all receipts and disbursements in sufficient detail to show the exact financial condition of the City; (e) Prepare as of the end of each fiscal year a complete financial statement and report; 20 Art VII-Finance Administration 21 (fl Collect all taxes, special assessments, license fees and other revenues of the City or for whose collection the City is responsible; (g) Shall have custody of all public funds belonging to or under the control of the City or any of its departments and shall deposit same in such depositories as may be designated by the City Council; shall have custody of all investments, bonds and notes ofthe City and be responsible for their safekeeping; (h) Supervise and be responsible for the purchase, storage and distribution of all supplies, materials, equipment and other articles used by any office, department or agency of the City Government; (i) Approve all proposed expenditures; unless there is an unencumbered balance of appropriation and available funds, no expenditure shall be made. (as amended 9-16-03) Section3 - ACCOUNTING SUPERVISION AND CONTROL: The Director of Finance shall have power and be required to: (a) Prescribe the forms of receipts, vouchers, bills or claims to be used by all the offices, departments and agencies of the City Government; (b) Examine and approve all contracts, orders and other documents by which the City Government incurs financial obligations, having previously ascertained that monies have been appropriated and allotted and will be available when the obligations shall become due and payable; (c) Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the City Government and determine the regularity, legality and correctness of such claims, demands or charges; (d) Inspect and audit any accounts or records of financial transactions which may be maintained in any office, department or agency of the City Government apart from or subsidiary to the accounts kept in his office; (e) Annually inventory and retain in a "property book" all property assets belonging to the City of Beaumont which are tangible, have a useful life longer than the current fiscal year, and have a significant value. (as amended 1-25-72) 22 Art VII-Finance Administration Section4 -TRANSFER OF APPROPRIATIONS: Upon the recommendation of the City Manager, the City Council may transfer any unencumbered appropriation balance or portion thereof from one office, department or agency to another in the manner provided by law. Section - FEES: All fees collectedby any officer or employee shall be paid to the Department ofFinance at such times as required by the Director of Finance. Section 6 - APPROPRIATIONS LAPSE: All appropriations shall lapse at the end of the budget year to the extent that they shall not have been expended or lawfully encumbered. Section 7 - PURCHASE PROCEDURE: All purchases made by the City ofBeaumont shall be made in accordance with the Texas Local Government Code as it may be amended from time to time. The exemptions from the necessity of competitive bidding as established by State law are adopted. All contracts and purchases shall be handled so as to obtain the best value for the City, with bids or quotes solicited whenever practicable. Nothing herein shall apply to a contract for personal or professional services or to work done by the City and paid for by the day as such work progresses. (as amended 9-16-03) Section 8 - CONTRACTS FOR IMPROVEMENTS: Contracts for City improvements shall be executed in accordance with the Texas Local Government Code as it may be amended from time to time. The City Council shall have the power to reject all bids and advertise again. Alterations or change orders may be made or approved bythe City Manager, provided such alterations or change orders do not increase the cost to the City more than ten (10) percent of the original amounts. Any single change in excess of $10,000 shall be approved by the City Council. Council shall receive a report on a monthly basis of all change orders approved by the City Manager within the ten (10) percent limit. (as amended 9-16- 03) Section9 - m'AII Fard� P43m-- cC taipemy big flee City Qxxn1 shall hie flee pu xm- ly a�rA re b� rrm�eyrnlbeoradt cftbe Chylydh�,- isR aue cfvsatays cr rr�s ir�aiidp�ioncfd��xizclrtaa� �-cf�ial �ac1irn10L T� ��lli a-v�naisis ud pxs-artt;oflis,AUdenW]Y--sddatrrrlea;Amapera-da wud hlu3mt at pi es�lel�d�T a z cJLFm� v�i�axp�caasaAatisawM Yitsuh salesYall Article VIII TAXATION.* Section 1 - DIVISION OF TAXATION: The Finance Officer of the City of Beaumont shall be responsible for assuring that the assessing and collection of taxes is done in the best interest ofthe City of Beaumont. (as amended 9-16-03) Section 2 - POWER TOTAX: The City Council shall have the power under the provision of State law to levy, assess and collect an annual tax upon taxable property within the Cityto the maximum provided by the Constitution and general laws ofthe State of Texas. Section 3 - ASSESSMENT OF TAXES: All property, real, personal or mixed, lying and being within the corporate limits ofthe City of Beaumont onthe first day of January in each year not expressly exempt by law shall be subject to annual taxation in accordance with the procedures set forth in the Constitution or general laws ofthe State ofTexas. Section 4 - TAXES; WHEN DUE AND PAYABLE: All taxes due to the City of Beaumont shall be payable at the entity designated by the City to collect taxes for the City of Beaumont. Taxes shall be due and shall become delinquent as provided in the Texas Tax Code as amended, which code further provides for delinquent taxes, interest, attorney's fees, penalty, and procedures for the collection of taxes. (as amended 9-16-03) Section5 - SEIZUREAND SALE OF PERSONAL PROPERTY: The seizure andsale ofpersonal property fortaxes due shallbe accomplished according to the provisions ofthe Texas Tax Code, as amended. Section 6 - TAXLIENS: The tax levied by the City shall be a first and prior lien upon the property upon which the taxis due, which lien maybe enforced and foreclosed according to theprovisions ofthe Texas Tax Code, as amended. *new Article VIII enacted by amendment, 4-5-86 23 Article IX ISSUANCE AND SALE OF BONDS. Section 1 - POWER TO BORROW: The City of Beaumont shall have the - right and power to borrow money on the credit of the City for permanent public improvements or for any other public purpose consistent with the Constitution and laws of the State of Texas. Section 2 - BOND ORDINANCE AND ELECTION: The City shall authorize the issuance ofbonds by aBond Ordinance passed by an affirmative vote of a majority of all members of the City Council, and approved by a majority of the qualified property taxpaying voters voting at an election called for the purpose of authorizing the issuance of such bonds. The Bond Ordinance shall provide for proper notice, the calling of the election, and the propositions to be submitted. The latter shall distinctly specify: (a) The purpose for which the bonds are to be issued, and, where possible, the probable period of usefulness of improvements for which the bond funds are to be expended; (b) The amount thereof, (c) The rate of interest; (d) The levy of taxes sufficient to pay interest and sinking fund; (e) That the bonds to be issued shall mature serially within a given number of years not to exceed forty. The Bond Ordinance and the manner of conducting the election shall in all respects conform to the general laws of this State. Section -ISSUANCE OF BONDS: Repealed 1-25-72. Section 4 - ADVERTISING AND SALE OF BONDS: All bonds of the City, after having been authorized and issued in accordance with the provisions of this Charter and the laws of the State, shall be advertised once a week for two consecutive weeks, the first publication to be at least fourteen (14) days prior to the time set for the sale, and shall be sold at public sale for the best bid. The City Council shall have the right to reject any or all bids. 24 Art. IX -Issuance and Sale of Bonds 25 Section 5 - CREATION OF SINKING FUND AND INVESTMENTS: The ordinance authorizing any bonds or warrants to be issued shall provide for the creation of a sinking fund sufficient to pay the bonds or warrants at maturity, and make provision for the payment ofthe interest thereon as it matures, and any surplus in any sinking fund or any general fund may be invested in bonds of the State of Texas, or in securities of the United States, or such funds may be used for the purchase of the bonds or warrants of the City of Beaumont which are not yet due, provided, however, that the price paid for said bonds or securities shall not exceed the market value at the time of purchase and the accrued interest provided for in said bonds or securities, and provided further that no such bonds or securities shall be purchased which, according to their terms, mature at a date subsequent to the time of maturity of the bonds for the payment of which such sinking fund was created. Neither interest nor sinking fund shall be devoted to any other purpose whatsoever. Article X ORDINANCES. Section 1 - ENACTING CLAUSE: Every ordinance passed by the City Council shall begin with the following heading: "BE IT ORDAINED BY THE CITY OF BEAUMONT" Section 2 - GENERAL: The Code of the City of Beaumont and all ordinances, resolutions, rules and regulations of said City -heretofore ordained, passed, adopted or enacted that are in force at the time this Charter becomes effective and are not in conflict herewith shall remain in full force and effect until amended or repealed; provided that the same were valid and authorized by the Charter under which they were enacted. Section 3 - READING: Except as otherwise provided herein it shall not be necessary to the validity of any ordinance that it shall be read more than one time or considered at more than one session ofthe City Council. Section 4 - PENAL ORDINANCES; PUBLICATION: The City Clerk shall give notice of the passage of every ordinance imposing any penalty, fine, imprisonment or forfeiture for violation of its provisions by causing a descriptive caption or title of same to be published within ten (I0) days after passage thereof for three (3) successive days in some newspaper of general circulation in the City of Beaumont. Such ordinances shall take effect and be in force from and after the publication thereof unless otherwise expressly provided herein. Section - PUBLICATION OF FRANCHISE ORDINANCES: All ordinances granting or confirming a franchise shall be accepted in writing by the grantees and before taking effect shall be published as otherwise provided in this Charter. Section 6 - PUBLICATION NOT NECESSARY: Unless otherwise provided herein, publication of ordinances shall not be necessary. Section 7 - DATE TO TAKE EFFECT: Ordinances not requiring publication shall take effect from and after their passage unless otherwise therein expressly provided. Ordinances requiring publication shall take effect from and afterthe last required publication, except as otherwise provided in this Charter. 26 Art. X - Ordinances 27 Section 8 ENROLLMENT: Every ordinance passed by the City Council shall be enrolled by the City Clerk as soon as practicable after its passage. Section 9 - CODIFICATION OF ORDINANCES: The City Council shall have the power to cause the ordinances of the City to be printed in code form as often as the Council may deem advisable and such printed code when adopted by the Council shall be in full force and effect without the necessity of publishing the same or any part thereof in a newspaper. All printed ordinances or code of ordinances shall be admitted as evidence in all courts and shall have the same force and effect as would the original ordinance. Article XI INITIATIVE, REFERENDUM AND RECALL. Section 1 - POWER OF INITIATIVE REFERENDUM: The electors shall have the power to propose any ordinance or to repeal any ordinance except an ordinance appropriating money, authorizing the levy oftaxes, making the annual tax levy, or an ordinance authorizing the issuance of bonds which have been authorized by a vote of the people. (as amended 4-5-86) Section 2 - PETITION: Any proposed ordinance may be submitted to the City Council in the form in which the petitioner desires the same to be passed, by a petition filed with the City Clerk in the following manner: 1. Any elector shall make application to the City Clerk and file an intention to circulate a petition giving the date and the proposed ordinance to be circulated. Unless the final petition, with the required number of signatures, is returned within sixty (60) days, it shall not be received for any purpose. For the purpose of this section only, if the 60i, day falls on a Saturday, Sunday, or legal holiday, the final petition, with the required number of signatures, must be received the next business day by 5:00 p.m. (as amended 5-2-98) 2. The petition must contain the names of a number of qualified voters in the City of Beaumont equal to five percent (5%) of the qualified voters of the City of Beaumont as appears on the latest available county voter registration list, as of the date of the last general municipal election. 3. To be valid, a petition submitted for the purpose of complying with this section must: (a) contain signatures that comply with requirements prescribed by the Texas Election Code and any other applicable requirements prescribed by law; (as amended 5-2-98) (b) contain on each page the text of the proposed ordinance to be circulated; and (c) contain on each page the name of the person circulating the petition. The person circulating the petition must be an elector of the City. 28 Art. XI -Initiative Referendum and Recall 29 4. Every person circulating any page of a petition shall file with the City Clerk a sworn statement containing his or her name, address, voting precinct number, voter registration number and a statement that: "I circulated the attached _ (number[s]) pages ofthis petition. I am an elector of the City of Beaumont and the signers freely signed this petition. (signature of circulator) SWORNtothisthe day of , 20_. Notary Public" (as amended 5-2-98) Section 3 - DUTIES OF THE CLERK: Each page comprising the petition shall be assembled and filed with the City Clerk as one instrument. Within ten (10) days after a petition is filed, the City Clerk shall determine whether each page of the petition complies with the requirements of Article XI, Section 2, and whether the petition is sufficient. After completing the examination of the petition, the City Clerk shall certify the result thereof to the City Council at its next regular meeting. If the petition is found by the Clerk to be insufficient, it shall be returned to the person filing same along with a written statement concerning the reasons for the insufficiency. The petition may be amended within ten (10) days after notice of insufficiency. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. (as amended 4-5-86) Section 4 - CONSIDERATION BY THE COUNCIL: Whenever the City Council receives a certified petition from the City Clerk, it shall consider same and shall either (a) pass said ordinance within thirty (30) days after date of City Clerk's certificate of sufficiency to the petition; or (b) submit said proposed ordinance to a vote of the people at the next election date as set by the election code of the State of Texas, which is at least thirty (30) days after the date of the City Clerk's certificate to the Council. (as amended 4-5-86) Section 5 - RESULTS OF ELECTION: If amajority ofthe electors voting on a proposed initiative or referendum ordinance shall vote in favor thereof, such ordinance shall thereupon become a valid and binding ordinance of the City of Beaumont. (as amended4-5-86) Section 6 - AMENDMENTS: Initiative ordinances adopted by the electors may be amended or repealed as in the case of other ordinances, provided that no such ordinance shall be amended in such manner as to defeat its purpose nor may such ordinance be repealed sooner than six (6) months after its enactment. 30 .4rt. XI -Initiative, Referendum and Recall Ordinances which have been the subject of a successful referendum shall not be re-enacted by the City Council sooner than six (6) months after their repeal by the referendum. (as amended 4-5-86) Section 7 - POWER OF REFERENDUM: Repealed 4-5-86. Section 8 - REFERENDUM PETITION; EFFECT: Repealed 4-5-86. Section 9 - CONSIDERATION OF REFERENDUM PETITION BY CITY COUNCIL: Repealed 4-5-86. Section 10- RESULTS OF ELECTION: Repealed 4-5-86. Section 11- FORM OF BALLOT FOR INITIATED AND REFERRED ORDINANCES: Ordinances submitted to vote of the electors in accordance with the initiative and referendum provisions ofthis Charter shall be submitted by ballot which shall state the title of the ordinance to be voted on and shall have below the title the following propositions, one above the other in the order indicated: "For the Ordinance" "Against the Ordinance" Any number of ordinances may be voted on at the same election and may be submitted on the same ballot. Section 12- RECALL; GENERAL: The Mayor or any member ofthe City Council may be removed from office by recall. Section 13 - RECALL; PROCEDURE: Any elector of the City of Beaumont may make and file with the City Clerk an affidavit containing the name or names of the officer or officers whose removal is sought and a statement of the grounds for removal. The Clerk shall thereupon deliver to the elector making such affidavit copies of petition blanks demanding such removal. The Clerk shall keep a sufficient number of such printed petition blanks on hand for distribution. Such blanks when issued by the City Clerk shall bear the signature of that officer and be addressed to the City Council, and shall be numbered, dated, and indicate the name of the person to whom issued. The petition blanks when issued shall also indicate the number of such blanks issued and the name of the officer whose removal is sought. The City Clerk shall enter in a record to be kept in his office the name of the elector to whom the petition blanks were issued and the number issued to said person. Section 14 - RECALL PETITIONS: The recall petition, to be effective, must be returned and filed with the City Clerk within thirty (30) days after the filing of Art. XI -Initiative, Referendum and Recall 31 the sworn statement required in Article XI, Section 13, and it must be signed by qualified electors of the City of Beaumont equal to at least five percent (5%) of the qualified voters of the City of Beaumont as it appears on the latest available county voter registration list as of the date of the last general municipal election. Said petition shall conform to the provisions of Article XI, Section 2. No petition paper shall be accepted as part of a petition unless it bears the signature of the City' Clerk as required in Article XI, Section 13. (as amended 4-5-86) Section 15 - DUTIES OF THE CITY CLERK: Each page comprising the petition shall be assembled and filed with the City Clerk as one instrument. Within ten (10) days after a petition is filed, the City Clerk shall determine whether each page of the petition complies with the requirements of Article XI, Section 2, and whether the petition -is sufficient. After completing the examination of the petition, the City Clerk shall certify the result thereof to the City Council at its next regular meeting, and notify the officer sought to be recalled of such action. If the petition is found by the City Clerk to be insufficient, it shall be returned to the person filing same along with a written statement concerning the reasons for the insufficiency. The petition may be amended within ten (10) days after notice of insufficiency. The finding of the insufficiency of a petition shall not prejudice the filing of a new petition for the same purpose. If the officer whose removal is sought does not resign within five (5) days after notice from the City Clerk of the sufficiency of the recall petition or amended recall petition, the City Council shall thereupon order and fix a date for holding a recall election. Any such election shall be held at the next election date as provided by the Election Code of the State of Texas, which is at least thirty (30) days after the date of the City Clerk's certificate to the City Council. (as amended 4-5-86) Section 16- BALLOTS IN RECALL ELECTION: Ballots used at recall elections shall conform tothe followingrequirements: (a) With respect to each person whose removal is sought, the question shall be submitted "Shall [name ofperson] be removed from the office of [name of office] by recall?" (b) Immediately below each such question there shall be printed the two following propositions, one above the other, in the order indicated: "For the recall of [name of person]" Against the recall of [name of person)" Section 17 - RESULTS OFRECALL ELECTION: If a majority of the votes cast at arecall election shall be against the recall of the officer named on the ballot, he shall continue in office for the remainder ofhis unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall ofthe 32 Art. XI -Initiative, Referendum and Recall officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall be filled by the City Council as in other vacancies. Section 18 - LIMITATIONS ON RECALLS: No recall petition shall be filed against the Mayor or a Councilman within six (6) months after he takes office nor in respect to an officer subjected to a recall election and not removed thereby, until at least six (6) months after such election. Section 19- DISTRICT JUDGE MAY ORDER ELECTION: Should the City Council fail or refuse to order any of the elections as provided for in this Article, when all the requirements for such election have been complied with by the petitioning electors in conformity with this Article ofthe Charter, then it shall be the duty of any one of the District Judges of Jefferson County, Texas, upon proper application being made therefor, to order such elections and to enforce the carrying into effect of the provisions of this Article of this Charter. Article XII LAW -MUNICIPAL COURT. Section 1-CITYATTORNEY: (a) The City Council shall appoint the City Attorney who must be a competent practicing attorney in the City of Beaumont. He shall receive for his services such compensation as may be fixed by the Council and shall hold his office until his successor is appointed and qualified. (b) The City Attorney shall represent the City in all litigations. He shall be the legal advisor of and attorney and counsel for the City and for all officers and departments thereof. (c) The City Attorney shall have power to appoint such assistants as may be deemed necessary by him, subject to the approval of the City Council, at such compensation as fixed by the Council. Section 2 - MUNICIPAL COURT: There shall be a court for the trial of misdemeanor offenses known as the Municipal Court ofthe City ofB eaumont, with such powers and duties as are given and prescribed by the laws of the State of Texas. (as amended 1-25-72) 1 Section 3 - CITY MAGISTRATE: There shall be one or more magistrates of said Municipal Court known as City Magistrates, one of whom shall be designated Chief Magistrate, who shall be elected by a majority vote of the City Council for a term of two (2) years. The Chief Magistrate and other City Magistrates shall be licensed attorneys at law, in good standing, and residents of the City of Beaumont for at least one (1) year preceding his or their appointment. Compensation for said Magistrates shall be fixed by the City Council. The Magistrates maybe removed by the City Council for incompetency, misconduct or malfeasance. (as amended 1-25-72) Section 4 - CLERK OFCOURT: The City Manager shall appoint the Clerk of Municipal Court. The Clerk and the deputies to the Clerk shall have the power to administer oaths and affidavits, make certificates, affix the seal of the said court thereto and generally do and perform any and all acts usual and necessary by clerks of courts in issuing processes of said courts and conducting the business thereof. (as amended 9-16-03) 33 Article XIII ADMINISTRATIVE DEPARTMENTS. Section 1 - GENERAL: There shall be aFinance Department and such other departments and offices as may be established by ordinance. All of said departments shall be under the control of the City Manager except where otherwise provided in this Charter. The City Council may discontinue any department or office established by ordinance and may prescribe, combine, distribute or abolish the functions and duties of departments and offices, but no function or duty assigned by this Charter to a particular department or office shall be abolished or assigned to any other department or office. Section 2 - DIRECTORS OF DEPARTMENTS: At the head of each department there shall be a director who shall have supervision and control of the department subject to supervision and approval by the City Manager except as specifically provided otherwise by this Charter. Two (2) or more departments may be headed by the same individual. The City Manager may head one or more departments and directors of departments may also serve as chiefs of divisions. The work of each administrative department may be distributed among such divisions thereof as may be established by resolution of the City Council upon the recommendation of the City Manager. Section -DIRECTORS OF ADMINISTRATIVE DEPARTMENTS; SALARY: The directors of all administrative departments shall be appointed by the City Manager unless otherwise provided in this Charter, and shall receive such compensation as shall be prescribed by the City Council, and before entering upon the duties of the office shall, if required by the Council, make bond in some responsible Surety Company acceptable to the City Council, for such amount as the Council may prescribe, the premium of which bond shall be paid by the City. 34 Article XIV STREET AND SIDEWALK IMPROVEMENT. Section 1 — POWER AND CONTROL OVER STREETS AND SIDEWALKS: The City of Beaumont shall have the power to lay out, establish, open, alter, widen, lower, extend, grade, abandon, discontinue, abolish, close, care for, pave, supervise, maintain and improve streets, alleys, sidewalks, squares, parks, public places and bridges and regulate the use thereof and require the removal from streets, sidewalks, alleys and other public property or places all obstructions and encroachments of every nature or character upon any of said streets and sidewalks, and to vacate and close private ways as permitted by general law. Section 2 - STREET AND SIDEWALK IMPROVEMENTS: The City of Beaumont shall have dominion, control and jurisdiction in, upon, and over and under the public streets, avenues, sidewalks, alleys and highways of the City, and may provide for the improvement thereof by paving, repaving, raising, lowering, grading, draining or otherwise. The provisions of the Texas Transportation Code of the State of Texas, Chapter 313, together with existing and future amendments, are expressly adopted and made apart of this charter. (as amended 9-16-03) 35 Article XV FRANCHISES AND PUBLIC UTILITIES. Section 1 - GENERAL: The ownership, right of control and use of the streets, highways, alleys, parks, public places, and all other real property ofthe City of Beaumont is hereby declared to be inalienable to said City except by ordinances passed by a vote of the governing body of the City as hereinafter provided; and no franchise or easement involving the right to use same either along, across, over or under the same shall ever be valid unless expressly granted and exercised in compliance with the terms hereof and of the ordinances granting the same. No act or omission of the City, its governing body, officers or agents shall be construed to confer or extend by estoppel or indirection any right, franchise or easement not expressly granted by ordinance. Section 2 - POWER OF CITY COUNCIL: The City Council shall have power by ordinance to grant, renew and extend all franchises of all public utilities of every character operating within the City of Beaumont and, with the consent of the franchise holder, to amend same, and for such purposes is granted full power. And said City Council shall have the power by ordinance, after reasonable notice and hearing, to determine, fix and regulate charges, fares, or rates of any person, firm or corporation enjoying or that may enjoy a franchise or exercising any other public privilege in said City, and to prescribe the kind of service to be furnished by such person, firm or corporation, and the manner in which it shall be rendered and from time to time to alter or change such rules, regulations and charges. Unless provided in the ordinance granting the same, no public utility franchise shall be transferable except with the approval of the City Council expressed by ordinance. No exclusive franchise or extension or renewal thereof shall ever be granted nor shall any franchise or privilege ever be granted to commence at any time after six months subsequent to the taking effect ofthe ordinance granting the same. Section 3 - ORDINANCE GRANTING FRANCHISES: All ordinances granting, amending, renewing or extending franchises shall be read at three-(3) separate -one regular meeting of the City Council and shall not be passel finally until the final reading 1,' L. shall be not less than thin.. (30) .loss F em he fifeadingr.�ii 0 and such eFdinanees shall net WEe eff-eet until sixty (60) days after- * eir- take effect 30 days for passage; provided, however, if at any time before any such ordinance shall finally take effect a petition or petitions shall be presented to the City Council signed by not less than five hundred (500) of the bona fide qualified voters ofthe City, then the governing body shall submit the question ofthe granting Art. XU -Franchises and Public Utilities 37 of said franchise to a vote of the qualified voters of the City of Beaumont at its next succeeding general election to be held in said City, provided that notice thereof shall be published at least twenty (20) days successively in a daily newspaper in the City of Beaumont prior to the holding of the election. In the event the next succeeding general election is not within twelve (12) months from the effective date of the ordinance, then the City Council may submit same at a special election. Ballots shall be used briefly describing the franchise to be voted on and the terms thereof; and shall contain the words "For the granting of a franchise" and "Against the granting of a franchise." The vote shall be canvassed by the City Council and, should it result in a majority of those voting thereon casting their votes in favor of granting a franchise, the City Council shall so declare by order entered in its minutes and said franchise shall at once take effect in accordance with its terms. In the event the majority of such votes be cast "against granting a franchise" then said City Council shall by order entered in its minutes so declare that such franchise shall not take effect. If, at the expiration of any franchise term, the franchise holder has applied for a new franchise and is refused by the City Council, and a petition complying with the foregoing provisions of this section is presented to the City Council, then the Council shall submit the question of the granting of the franchise to the qualified voters in the same manner as heretofore provided. The failure to pass finally on the application within four (4) months after it is filed shall be construed as a refusal. The City Council, in passing an ordinance granting a franchise, may provide therein that it shall not take effect until the same shall have been submitted to and approved by a majority of the qualified voters voting thereon at a general election. After the passage of a franchise ordinance, ...,.lets eff-eetive date, the full text of such ordinance shall be published -on the C i ty's website. enee-eaeh week fer- fetff (4)-eenseeutive weeks in a newspapef egener ..al eireulatien ,,ublishedin the City f Be......, e t and the expense ef-_si3e.�h Subsequent Sections below will be renumbered if Section 4 above is removed Section 5 - TERM: No indeterminate franchise shall be granted. No determinate or fixed term franchise shall ever be granted for a longer term than thirty-five (35) years. No determinate franchise shall ever be granted except upon the condition that the City shall have the right at any time within five (5) years of the expiration of the term thereof, but prior to the last twelve (12) months of said term, to purchase or cause to be purchased the property of the franchise holder 38 Art. AV -Franchises and Public Utilities devoted to public service thereunder, same to be effective at the expiration of the fixed term. Before the City shall purchase, or cause to be purchased, property from any franchise holder, the matter of the acquisition of such property shall be submitted at a municipal election to be determined by a majority vote of the qualified taxpayers voting thereon. (as amended 1-25-72) Section 6 - RIGHT OF REGULATION: All grants, renewals, extensions or amendments of public utility franchises, whether it be so provided in the ordinance ornot, shall be subject to the right ofthe City: (a) To repeal the same by ordinance at any time for failure to begin construction or operation within the time prescribed or otherwise to comply with the terms of the franchise. (b) To require proper and adequate extensions ofthe plant and service and the maintenance of the plant,,and fixtures at the highest practicable standard of efficiency. (c) To prescribe the forms of accounts kept by each such utility (where a public utility keeps its accounts and books according to a system prescribed by Federal or State authority or Commission, the keeping of such accounts and books in the manner so prescribed shall be deemed a compliance with the foregoing provisions of this subsection); and at any time to examine and audit the accounts and other records of any such utility and to require annual and other reports including reports on local operations by each such utility. (d) To impose such reasonable regulations and restrictions as may be desired or conducive to the safety, welfare and accommodation of the public. (e) To at any time require such compensation and rental as may be permitted by the laws of the State of Texas. Section 7 - CONSENT OF PROPERTY OWNERS: The consent of abutting and adjacent property owners shall not be required for the construction, extension, maintenance or operation of any public utility; but nothing in this Charter or any franchise granted thereunder shall ever be construed to deprive any such property owner of any right of action for damages or injury to his property as now or hereafter provided by law. Section 8 - EXTENSION: All extensions of public utilities within the City limits shall become a part of the aggregate property of the public utility, shall be operated as such and shall be subject to all the obligations and reserved rights contained in this Charter and in any original grant hereafter made. The right to use Art. XV -Franchises and Public Utilities 39 or maintain any extension shall terminate with the original grant and shall be terminable as provided in Section 6 of this Article. In case of an extension of a public utility operated under a franchise hereafter granted such right shall be terminable at the same time and under the same conditions as the original grant. Section 9 — ANNUAL REPORT: The City Council shall require all public service corporations operating within the corporate limits of the City of Beaumont to file a sworn annual report of the receipts from the operation of the said business for the current year; how expended, how much thereof for the betterment or improvements and the rate of tolls or charges for services rendered to the public. Such annual report shall show any other facts or information that the City Council may deem pertinent for its use in intelligently passing upon any questions that may arise between the City and the said public service corporations; said reports to be filed with the City Clerk. Section 10 - POWER TO REGULATE TRACKS: The City Council shall have the power by ordinance to require any or all railroad companies operating any track or tracks upon or across any public streets of the City of Beaumont to reduce such tracks below the level of the streets intersected or occupied by such tracks, or to elevate such tracks, and to require the company or companies owning or operating such tracks to provide necessary and proper crossing for the public travel at intersecting streets or to remove any tracks from any street occupied by such tracks and to reroute same as designated in the ordinance, provided that the railway company involved be given thirty (30) days notice prior to the adoption of the ordinance. Section 11 - FRANCHISE RECORDS: Within six (6) months after this Charter takes effect, every public utility and every owner of a public utility franchise shall file with the City as may be prescribed by ordinance certified copies of all the franchises owned or claimed within the City or under which such utility operated within the City. The City shall compile and maintain a public record of all public utility franchises issued by the City. Section 12- PRESENT FRANCHISES TO REMAIN IN FORCE: All franchises now legally in force shall remain in full force and effect for the remainder ofthe term designated therein. All such franchises, however, shall be subject to the provisions of this Charter, provided no vested rights are impaired thereby. Article XVI MUNICIPALLY OWNED UTILITIES. Section 1 - POWERS OF THE CITY: The City shall have the power to buy, own, construct, maintain and operate utilities and to manufacture and distribute electricity, gas or anything else that may be needed or used by the public, and shall have such further powers that may now or hereafter be granted under the Constitution and laws of the State of Texas. Section 2 - OPERATION AND CONTROL: All municipally owned utilities shall be operated by the City in such a manner as to be self-sustaining insofar as is practical, and shall not be converted into general revenue producing agencies of the City. The City Council may transfer funds of municipally owned utilities to the general fund of the City, provided, however, that the amount so transferred shall not exceed annually 20% of the gross revenue of said utilities for the previous fiscal year. Such sums so transferred to be in lieu of taxes, street rentals or other contributions to general administrative expenses of the City; provided, however, nothing herein is to apply to the operation of charitable and educational facilities operated by the City. Such transfers shall be made annually and shall be non -cumulative. Section 3 - ACCOUNTS OF MUNICIPALLY OWNED UTILITIES: Accounts shall be kept for each public utility owned or operated by the City in such manner as to show the true and complete financial results of such City ownership and operation, including all assets appropriately subdivided into different classes, all liabilities subdivided by classes, depreciation reserve, other reserves and surplus; also revenues, operating expenses including depreciation, interest payments, rental and other distribution of annual income. The accounts shall show the actual capital cost to the City of each public utility owned, also the costs of all extensions, additions and improvements and the source of the funds expended for such capital purposes. They shall show as nearly as possible the cost of any service furnished to or rendered by any such utility to any other city or governmental department. The City Council shall annually cause to be made and published a report showing the financial results of such City ownership and operation, giving the information specified in this section and such additional data as the City Council shall deem expedient. Section 4 - SALE OR LEASE OF MUNICIPALLY OWNED UTILITIES: No public utility or park and/or swimming pools owned by the City of Beaumont shall ever be sold or leased for a period longer than five (5) years until such sale or lease is authorized by a majority vote ofthe qualified voters ofthe City; 40 Art..XVI -Municipally Owned Utilities 41 nor shall same be encumbered for more than $5,000.00 except for purchase money or to refund any existing indebtedness lawfully created, until authorized in like manner. Section 5 - ELECTION: When properties named in Section 4 of this Article are to be sold or leased for a period of more than five (5) years or encumbered for more than $5,000.00 as provided in said section, the City Council shall, by ordinance, call an election submitting said proposition to the qualified voters of the City of Beaumont; the time and places of holding the election shall be designated in said ordinance and said election shall be held not less than fifteen (15)nor more than thirty (30) days from the passage of said ordinance. Notice of said election shall be given by posting a copy of said ordinance in each of the election precincts in the City and at the City Hall; such ordinance shall also be published on the same day in each of two (2) successive weeks in a newspaper of general circulation published within the City of Beaumont, the date of the first publication to be not less than fourteen (14) days prior to the date set for the election. Section 6 - FORM OF BALLOTS: The question to sell, lease or mortgage shall be submitted on ballots which shall describe the property to be sold, leased or mortgaged, and the terms of the sale, lease or mortgage, and shall have printed below the description and terms: "For the sale (lease) (mortgage)" "Against the sale (lease) (mortgage)" No special election shall be called within sixty (60) days of a general municipal election for the submission of aproposition to sell, lease or mortgage such property but same shall be submitted as herein provided at said general election. Article XVH GENERAL PROVISIONS. Section I - BOARDS, COMMITTEES AND COMMISSIONS: With a goal of making boards, committees and commissions representative ofthe diversity of the population within the City of Beaumont, the City Council shall have the power to create by ordinance such boards, committees and commissions which it deems necessary to effectively carry on the business and welfare of the City. (as amended 4-5-86) Section 2 - CONDEMNATION OF DANGEROUS STRUCTURES: Whenever in the opinion of the City Council, any building, fence, shed, or structure of any kind or any part thereof is liable to fall down and injure or endanger persons or property, the City Council may order the owner or agent of the same, or occupant of the same, or any owner of the premises upon which such building, shed, awning, or other structure stands or to which it is attached, to take down and remove the same or any part thereof within such time as it may direct, and may punish by fine all persons failing to do so. The City Council shall have the additional power to remove the same at the expense of the City but on the account of the owner of the property and assess the expenses thereof, including the expense of condemnation proceedings, if any, as a special tax against the land and the same may be collected as other special taxes provided for in this Charter or as provided by ordinance, or by suit in any court of competent jurisdiction. Section - CHURCH AND SCHOOL PROPERTY NOT EXEMPT FROM SPECIAL ASSESSMENTS: No property of any kind, church, school, or otherwise, in the City of Beaumont, shall be exempt from any of the special taxes and assessments authorized by this Charter for local improvements unless exemption is required by State law. Section 4 - LIENS AGAINST CITY PROPERTY: No lien of any kind shall ever exist against anyproperty, real orpersonal, owned bythe City exceptthat same be created as provided in this Charter. Section 5 - CITY EXEMPT FROM APPEAL BONDS: It shall not be necessary in any action, suit or proceeding in which the City of Beaumont is a party, for any bond, undertaking, or security to be executed in behalf of said City, but all such actions, suits, appeals or proceedings shall be conducted in the same manner as if such bond, undertaking or security had been given and said City shall be liable as if such obligation had been duly given and executed. 42 Art. XVII - General Provisions 43 Section 6 -EXECUTION, GARNISHMENT AND ASSIGNMENT: The property, real and personal, belonging to said City shall not be liable to be sold or appropriated under any writ of execution or cost bill, nor shall the funds belonging to said City, in the hands of any person, firm or corporation, be liable to garnishment on account of any debt it may owe or funds it may have on hand due any person, nor shall the City or any of its officers or agents be required to answer to any writ of garnishment on any account whatsoever, nor shall said City be liable to the assignee of any wages or any officer, agent or employee of said City, whether earned or unearned, upon any claim or account whatsoever, and as to the City such assignment shall be absolutely void. Section? -CITIZENS GIVEN PREFERENCE INEMPLOYMENT: Except as herein otherwise provided, qualifications being equal, citizens of Beaumont shall be given preference in employment by the City as well as by any contractor doing work for the City under contract, and such contractors shall pay the prevailing rate of wages paid for the class of work done; and qualifications, prices and quality of material being equal, citizens of Beaumont shall be given preference in the awarding of all contracts over which the City has jurisdiction, provided that this section shall not interfere with the system of purchasing supplies for the various departments by competitive bidding. Section8 - NO OFFICER OREMPLOYEE TO ACCEPT GIFTS: No officer or employee of the City of Beaumont shall ever accept, directly or indirectly, any gift, favor, privilege or employment with a value in excess of $100 from any public utility corporation enjoying the grant of any franchise, privilege or easement from the City during the term of office of such officer or during such employment of such employee except as may be authorized by law or ordinance; provided, however, that policemen or firemen in uniform or wearing their official badges may accept such free service where the same is permitted by ordinance. Any officer or employee of the City who shall violate the provisions of this section shall be guilty of a misdemeanor and may be punished by any fine that may be prescribed by ordinance for this offense and shall forthwith be removed from office. (as amended 9-16-03) Section 9 - OFFICERSOREMPLOYEESNOTTOHAVE FINANCIAL INTEREST IN ANY CONTRACT OF THE CITY: No officer or employee of the City shall have a financial interest direct or indirect or by reason of ownership of stock in any corporation, in any contract with the City, or be financially interested directly or indirectly in the sale to the City of any land, materials, supplies, or services except on behalf of the City as an officer or employee; provided, however, that the provisions of this Section shall only be applicable when the stock owned by the officer or employee exceeds one percent (1%) of the total capital stock of the corporation. Any willful violation of this section shall constitute malfeasance in office and any officer or employee guilty thereof shall there by forfeit 44 Art. XVII - General Provisions the office or position. Any violation of this section with the knowledge expressed or implied of the person or corporation contracting with the governing body of the City shall render the contract voidable by the City Council. Section 10 - RELATIVESOFOFFICERSSHALLNOTBE APPOINTED OR EMPLOYED: No person related within the second degree of affinity, or within the third degree of consanguinity, to the Mayor, members ofthe City Council or City Manager shall be appointed to any office, position or service in the City, but this provision shall not affect officers or employees who were already employed by the City at the time when an officer who may be related within the named degree takes office. Section 12 - SERVICE OR PROCESS AGAINST: All legal process against the City shall be served upon the Mayor, or acting Mayor. Section 13 - POWER TO REMIT PENALTIES: The City Council shall have the right to remit, in whole or inpart, any fine orpenalty belonging to the City, which may be imposed under any ordinance or resolution passed in pursuance of this Charter. Section 14 — POWER TO SETTLE CLAIMS: The City Council shall have the power to compromise and settle any and all claims and lawsuits of every kind and character in favor of or against the City, including suits by the City to recover delinquent taxes. Section 15 - WRITTEN NOTICE OFINJURY ORDAMAGE: Before the City of Beaumont shall be liable for personal injuries of any kind, the person injured or someone in his behalf shall give the City Council notice in writing of such injury within six (6) months after the same has been sustained, stating specifically in such notice when, where and how the injury occurred and the extent thereof, and the names and addresses of any person or persons, if any, witnessing the same, if such names and addresses can be ascertained by reasonable diligence. No officer or employee of the City shall have authority to waive any of the provisions of this section as to notice, but same maybe waived only by a resolution of the City Council, made and passed before the expiration of the period herein provided, and evidenced by the minutes ofthe City Council. (as amended 4-5-86) Section l6-DISABLEDEMPLOYEES,PENSIONS, INSURANCE: The City shall provide a disability and pension plan in accordance with the rules and regulations of the Texas Municipal Retirement System. City Council shall have Art. XVII — General Provisions 45 authority to provide for rules and regulations for maintaining employees when injured and disabled while perfonning their duties or it may provide for such plan of insurance as it deems proper. All those falling under the heading of employees in this charter and who are employed by the City when the same is in effect, shall be entitled to a credit for the years of continuous service heretofore served; provided, however, that any payment under this provision shall never constitute a waiver or estop the City from asserting any defenses it might have under Section 15 of Article XVII of this charter. (as amended 9-16-03) Section 17- SALE OR LEASE OF PROPERTY OTHERTHAN UTILITIES OR ACQUIRED BY TAX SALE: Any real property owned by the City of Beaumont may be sold or leased by the City Council when in its judgment such sale or lease will be for the best interests of the City; provided, however, a sale or a lease for more than five (5) years shall never become effective until thirty (30) days after the passage of the ordinance or resolution effecting same. If, during such thirty -day period, a referendum petition is presented to the City Clerk, which in all respects conforms to the provisions of Section 2 of Article XI of this Charter, and same is found to be sufficient, then the City Clerk shall certify the sufficiency of same to the City Council, and an election shall be called submitting the question of whether or not the sale or lease, as the case may be, shall be consummated; provided, further, however, the provisions of this Article shall not apply to the sale or lease of public utilities as provided for under Article XIV, Section 14, of this Charter, nor shall it apply to property purchased by the City at tax sales. Section 18- PROVISION FOR INDEPENDENT PORTDISTRICT: Repealed 9-16-03. Section 19-DIVORCEMENT OF BEAUMONT INDEPENDENT SCHOOL DISTRICT: Repealed 9-16-03. Section20 - CONTINUANCE OFCONTRACTS: All contracts entered into bythe City, or for its benefit, priorto the taking effect ofthis Charter, shall continue in full force and effect. Public improvements forwhich legislative steps have been taken under laws or ordinances existing at the time this Chartertakes effect may be carried to completion in accordance with the provisions of such existing laws and ordinances. Section 21 - MUNICIPAL OWNERSHIP -ACCOUNTS: Accounts shall be kept for each revenue producing property, tract or parcel of real estate owned or operated by the City, including revenue producing properties owned or held by the City or its officers as trustees, and other trust funds, in such manner as to show the true and complete financial results of such ownership and operation, including all revenues and all distributions of such revenues, and the City Council shall annually cause to be made and published a report showing the financial results of such 46 Art. XVII -General Provisions ownership and operation, and giving such information and such additional data as the City Council shall deem expedient. Section 22 - PARTIAL INVALIDITY: If any section or part of a section of this Charter proves to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force, or effect, of any other section or part of a section of this Charter, unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its operation upon the section or part of a section so held unconstitutional or invalid. Section 23 - EFFECTIVE DATE OF CHARTER AND INTERIM GOVERNMENT: Repealed 9-16-03. Section 24 - CITY PLANNING COMMISSION: There shall be a City Planning Commission. The number of members to serve on said Commission, their term of office, and qualifications for office shall be determined by the City Council. The City Council may combine the City Planning Commission with a City Zoning Commission. The City Planning Commission may make recommendations to the City Manager and the City Council on all matters affecting the physical development of the City, shall be consulted on the comprehensive plan and the implementation thereof as provided in Section 25, and shall exercise all other responsibilities as may be provided by law. (added by amendment 1-25-72) Section 25 - COMPREHENSIVE PLAN: (a) Content: The City Council shall adopt a comprehensive plan for the City of Beaumont to be composed of land use, parks and open space, transportation and economic development elements. Said comprehensive plan shall set forth in graphic and textual form policies to govern the future development ofthe City. Such plan and its elements shall cover the entire City and all of its functions and services. After the adoption of each element of the comprehensive plan, each element shall be reviewed and readopted by the City Council as directed by the City Council. (as amended 9-16-03) (b) Adoption: Upon receipt from the City Manager or his designee of a proposed comprehensive plan or any element thereof or a proposed modification of the existing plan or any element thereof, the City Council shall refer such proposal to the City Planning Commission which shall, within the time specified by City Council, report its recommendations thereon. After receipt of the recommendations of the City Planning Commission, the City Council shall hold a public hearing on the proposed comprehensive plan or element thereof or modification thereof and shall adopt it be by resolution with or without amendment. (as amended 4-5- 86) Art. XVII -General Provisions 47 (c) Effect: The comprehensive plan shall serve as a guide to all future Council action concerning land use and development regulations. (d) Effective Date: Repealed 4-5-86. INDEX -A- Abutting owners - seeFranchise andPublicUtilities. Accounting - seeDirectorofFinance. Administrative Departments: Directors of .................................... Art. XIII, Sec. 2 Appointment and Salary ........................ Art. XIII, Sec. 3 Bond ....................................... Art. XIII, Sec. 3 Finance Department - seeDirectorofFinance. Created ..................................... Art. XIII, Sec. 1 Annexation - seeBoundaries. Appeal Bonds ...................................... Art. XVII. Sec. 5 Appropriations - see Budget .......................... Art. VI, Sec. 11, also Sec. 18 Lapse ............................................ Art. VII, Sec. 6 Transfer .........................................Art. VII, Sec.4 Assignee of Wages .................................. Art. XVII, Sec. 6 Assistant City Attorney -see City Attorney. Auditors - Duties ......................................... Art. III, Sec. 12 Term .......................................... Art. III, Sec.12 -B- Ballots - seeElections. BoardofEqualization - seeTaxation. Boards, Committees and Commissions .................. Art. XVII, Sec. 1 Bonds - Advertising & Sale of .............................. Art. IX, Sec. 4 Appeal ........................................ Art. XVII, See. 5 Ordinance and Election ............................. Art, IX, Sec. 2 Contents ..................................... Art. IX, Sec. 2; Art. IX, Sec. 3 Power to Borrow .................................. Art. IX, Sec. 1 Sinking Fund and Investments - Creation ..................................... Art. IX, Sec. 5 Boundaries - City - Annexation ..................................... Art. I, Sec. 4 (a) by Ordinance (b) by Petition 49 INDEX Definition ...................................... Art, I, Sec. 3 Ward - Changes of ..................................... Art. I,Sec.6 Creation of ..................................... Art. I, Sec.5 Budget - Adoption ........................................ Art. VI, Sec. 7 Failure to adopt ............................... Art. VI, Sec. 9 Time for ..................................... Art. VI, Sec. 9 Vote required ................................. Art. VI, Sec. 8 Appropriations .................................. Art. VI, Sec. 11 Contingent .................................. Art. VI, Sec. 18 Capital Program ............................... Art. VI, Sec. 19/20 Certification .................................... Art. VI, Sec. 10 Changes after Public Hearings ....................... Art. VI, Sec. 6 Contents ....................................... Art. VI, Sec. 15 Copies made available ............................. Art. VI, Sec. 10 Effective date ................................... Art. VI, Sec. 10 Enforcement .................................... Art. VI, Sec. 15 Expenditures comparison .......................... Art. VI, Sec. 17 Fiscal Year ...................................... Art. VI, Sec. 1 Five -Year planning budget ......................... Art. VI, Sec. 21 Message .................................... Art. VI, Sec. 13 & 14 Preparation and submission ...................... Art. VI, Sec. 2 & 15 Property Tax .................................... Art. VI, Sec. 12 Public Hearing ................................... Art. VI, Sec. 5 Notice of ................................. Art. VI, Sec. 4 & 6 Time and Place ................................ Art. VI, Sec. 4 Public Record .................................... Art. VI, Sec. 3 —C— Charter - Effective date ................................. Art. XVII, Sec. 23 Election ...................................... Art. XVII, Sec, 23 Ballot .................................... Art. XVII, Sec. 23 Interim Government ............................ Art. XVII, Sec. 23 Separability Clause ............................. Art. XVII, Sec. 22 Church property .................................... Art. XVII, Sec. 3 CityAssessor and Collector ofTaxes - Established ..................................... Art. VIII, Sec. 1 City Attorney - Appointment and Salary ............................ Art. XII, Sec. 1 Assistants ..................................... Art. XII, Sec. Kc) 50 INDEX Duties .................................. Art. XII, Sec. 1(a and b) City Clerk - Appointment .................................... Art, III, Sec. 11 Duties and Salary ................................ Art. III, Sec. 11; Art. XI, Sec. 3 Act as Municipal Court Clerk ........................ Art. XII, Sec. 4 Call Special Meetings of Council ..................... Art. III, Sec. 8 Enroll Ordinances .................................. Art. X, Sec. 8 Publish Penal Ordinances ............................ Art. X, Sec. 4 Recall ................................ Art. XI, Secs. 13, 14 and 15 Supervise drawing of lots determining position of names on ballot ...................... Art. IV, Sec. 6 Term .......................................... Art. III, Sec. 11 City Council - Application and Nomination - Form of ..................................... Art. IV, Sec. 5 Duties - (also see Powers) - Appointments - Auditors ................................ Art. III. Sec. 12 Board of Equalization ...................... Art. VIII, Sec. 5 City Attorney ............................. Art. XII, Sec. 1 City Clerk ............................... Art. III, Sec. 11 City Magistrate ............................ Art. XII, Sec. 3 City Manager ............................ Art. III, Sec. 10 Election Judges ............................ Art. IV. Sec. 2 Mayor Pro Tempore ........................ Art. III. Sec. 6 Canvass returns of elections ...................... Art. IV, Sec. 2 Fill vacancies on Council ......................... Art. Ill, Sec. 7 Hold Public hearing on budget ................. Art. VI, Sec. 4 & 5 Set filing fees ................................. Art. IV, Sec. 5 Investigations ................................... Art. III, Sec. 13 Meetings ........................................ Art. III, Sec. 8 Number and Term ................................. Art. III, Sec. 2 Powers - Abolish Departments setup by ordinances ......... Art. XIII, Sec. 1 Annexation ...................................... Art. I, Sec. 4 Change ward boundaries .......................... Art. I, Sec. 6 Codification of ordinances ........................ Art. X, Sec. 9 Condemnation .............................. Art. XVII, Sec. 2 Establish pension plan orpension employees ..... Art. XVII, Sec. 16 General ........................................ Art. 1, Sec.2; Art. III. Sec. 1 51 INDEX Lease or sale of City property ................. Art. XVII. Sec. 17 Levy, assess and collect taxes ................... Art. VIII. Sec. 2 Provide features of City elections when necessary ...... Art. IV, Sec.I Remit penalties ............................. Art. XVII, Sec. 13 Settle claims ............................... Art. XVII, Sec. 14 Procedure ....................................... Art. III, Sec. 9 Qualifications ..................................... Art. Ill, Sec. 3 Quorum ......................................... Art, III, Sec. 8 Salary .......................................... Art, III, Sec. 4 Vacancies ........................................ Art. I11, Sec. 7 City Magistrate - see Municipal Court CityManager- also see Director ofFinance- Appointment and qualifications ....................... Art. V, Sec. 1 Compensation ..................................... Art. V, Sec. 2 Interference by Council prohibited ..................... Art. V, Sec. 4 Powers and Duties ................................... Art. I, Sec. 2 Art. V, Sec. 3 Removal ......................................... Art. V, Sec. 2 Residence ........................................ Art. V, Sec. 1 Term and Salary ................................... Art. V, Sec. 2 City Powers -see Corporate Powers City Planning Commission ........................... Art. XVII, Sec. 24 City Property - Accounts ..................................... Art. XVII, Sec. 21 Liens against ................................... Art. XVII, Sec. 4 Sale or Lease ................................... Art. XVII, Sec. 6 Writ of execution ............................... Art. XVII, Sec. 6 Claims ......................................... Art. XVII, Sec. 14 Commissions ...................................... Art. XVII, Sec. 1 Committees ........................................ Art. XVII, Sec. 1 Comprehensive Plan ................................ Art. XVII, Sec. 25 Condemnation ....................................... Art. II, Sec. 3; Art. XVII, Sec. 2 Contracts - Continuance .................................. Art. XVII, Sec. 20 Corporate Name ........................................ Art. I, Sec. 1 Corporate Powers - Adopted .......................................... Art. II, Sec.2 Eminent Domain ................................... Art. II, Sec. 3 General .......................................... Art. II, Sec.1 Municipally owned utilities ......................... Art. XVI, Sec. 1 52 INDEX Sanitary sewer system ............................... Art. II, Sec. 4 Street and sidewalks .......................... Art. XIV, Sec. 1 & 2 Corporation - seeMunicipal Court. Council- seeCityCouncil. —D— Damage......................................... Art. XVII, Sec. 15 Departments -see Administrative Departments. Department of Finance see Director ofFinance. Taxation Division - seeTaxation. Created ........................................ Art. XIII, Sec. 1 Director ofFinance - Accounting Supervision and Control .................. Art. VII, Sec. 3 Appropriations - Lapse .......................................Art. VII, Sec.6 Transfer ..................................... Art. VII, Sec. 4 Borrowing in Anticipation of Taxes ................... Art. VII, Sec. 9 Contracts for City improvements ..................... Art. VII, Sec. 8 Fees ............................................Art. VII, Sec.5 General ......................................... Art. VII, Sec. 1 Powers and Duties ................................. Art. VII, Sec. 2 Purchase Procedure ................................ Art. VII, Sec. 7 Sale of Notes; Warrants ........................... Art. VII, Sec. 10 Disabled Employees ................................ Art. XVII, Sec. 16 E— Elections - Application of Candidate Art. IV, Sec. 5 Ballots - Form and contents ............................. Art. IV, Sec. 6 Time of printing ............................... Art. IV, Sec. 6 Canvass of Returns ................................ Art. IV, Sec. 2 Certifying results .................................. Art. IV, Sec. 2 Dates for holding .................................. Art. IV, Sec. 3 Equalization Board - see under Taxation. Filing fee ........................................ Art. IV, Sec. 5 Judges- see Officers below. Laws Governing .................................. Art. IV, Sec. l Majority - Voting at Large ......................... Art. IV, Sec.4 Officers - Appointment ................................. Art. IV, Sec. 2 Qualifications ................................. Art. IV, Sec. 2 53 INDEX Runoff .......................................... Art. IV, See.5 Tie Vote ......................................... Art. IV, Sec.4 Eminent Domain ....................................... Art. IL Sec. 3 Employees - Accept no gifts or favors .......................... Art. XVII, Sec. 8 Exceptions ................................... Art. V11, Sec. 8 Citizens given preference ......................... Art. XVII. Sec. 7 Disabled ..................................... Art. XVII, Sec. 16 No financial interest in City ....................... Art. XVII, Sec. 9 Persons indebted to City shall not be employed ....... Art. XVII, Sec. 11 Relatives of employees shall not be employed ........ Art. XVII, Sec. 10 Equalization Board- seeTaxation. -F- FilingFees - seeElections. Finance Administration - see Director ofFinance. Fiscal Year ........................................... Art. VI, See.1 Five-year planning budget- seeBudget. Form of Government .................................... Art. I, Sec. 2 Franchises and Public Utilities - Abutting property owners .......................... Art. XV, Sec. 7 Acquiring property from franchise holder ............... Art. XV, Sec.5 Annual report ................................... Art. XV, Sec. 9 Extension ....................................... Art. XV, Sec. 8 How granted .................................... Art. XV, Sec. 1 Limitations......................i............... Art. XV, Sec. 2 Ordinance granting franchises ....................... Art. XV, Sec. 3 Effective date ................................ Art. XV, Sec. 3 Exceptions - spur tracks ...................... Art. XV, Sec. 4 Publication .................................. Art. XV. Sec. 3 Power of City Council over ......................... Art. XV, Sec. 2 Power to regulate tracks .......................... Art. XV, Sec. 10 Present franchises to remain in force ................. Art. XV, Sec. 12 Records ........................................ Art. XV, Sec. 11 Regulation and control by City ...................... Art. XV, Sec. 6 Term .......................................... Art. XV, Sec.5 -G- Garnishment....................................... Art. XVII, Sec. 6 MFIM 54 INDEX ME Improvements - Contracts ........................................ Art. VII, Sec. 8 Initiative - Amendments ..................................... Art. XI, Sec. 6 Consideration by City Council ....................... Art. XI, Sec. 4 Duties of Clerk ................................... Art. XI, Sec. 3 Form of Ballot ................................... Art. XI, Sec. 11 Petition ......................................... Art. XI, Sec. 2 Power of ........................................ Art. XI, Sec. 1 Results of Election ................................ Art. XI, Sec. 5 Injury ........................................... Art. XVII, Sec. 15 Insurance ......................................... Art. XVII, Sec.16 Investigation -see City Council. -J- -K- -L- Lease or Sale - City Property .................................. Art. XVII, Sec. 17 Liens ............................................. Art. XVII, Sec. 4 Manager - see C ity Manager. Mayor - Application and nomination - Form of ...................................... Art. IV, Sec.5 Duties .......................................... Art. III, Sec. 5 Qualifications .................................... Art. III, Sec. 3 Salary .......................................... Art. III, Sec. 4 Vacancy ......................................... Art. III, Sec. 6 MayorPro Tem pore - Duties .......................................... Art. III, Sec. 6 Municipal Court- CityMagistrate - Compensation ................................ Art. XII, Sec. 3 Election ..................................... Art. XII, Sec. 3 Failure to Act ................................. Art. XII, Sec. 3 Grounds for Removal ........................... Art. XII, Sec. 3 Qualifications ................................. Art. XII, Sec. 3 55 INDEX Term of Office ................................ Art. XII, Sec. 3 City Clerk ....................................... Art. XII, Sec. 4 Duties ....................................... Art. XII, Sec. 4 Creation ......................................... Art. XII, Sec. 2 Municipal property - see City Property. Municipal powers - see Corporate Powers. Municipally owned utilities - Accounts ....................................... Art. XVI, Sec. 3 Annual Report ............................... Art. XVI, Sec. 3 Operation and Control - Transfer of Funds ............................ Art. XVI, Sec. 2 Powers of City ................................... Art. XVI, Sec. 1 Sale, lease or mortgage ............................ Art. XVI, Sec. 4 When submitted to voters ....................... Art. XVI, Sec. 4 Election Procedure ........................ Art. XVI, Sec. 5 Form of Ballots ........................... Art. XVI, Sec. 6 -N- Name of City .......................................... Art. I, Sec. 1 Notes - Sale of . ........................................ Art. VII, Sec. 10 ■Mem Ordinances - Codes........................................... Art. X, See.9 Effective date :.................................... Art. X, Sec. 7 Enacting clause .................................... Art. X, Sec. 1 Enrollment ........................................ Art. X, Sec. 8 Existing to remain in effect ........................... Art. X, Sec. 2 Franchise ......................................... Art. X, Sec.5 Penal ............................................ Art. X, Sec.4 Publication - Franchise ..................................... Art. X, Sec.5 Penal Ordinances ............................... Art. X, Sec. 4 When not necessary ............................. Art. X, Sec. 3 Reading .......................................... Art. X, Sec.3 -P- Penalties......................................... Art. XVII, Sec. 13 Pensions ......................................... Art, XVII, Sec. 16 Primary ............................................. Art. IV, See.5 PropertyTax- seeBudget. 56 INDEX PublicRecord - Budget ......................................... Art. VI, Sec. 3 PublicUtilities - seeFranchises andPublicUtilities. PurchaseProcedure - seeDirectorofFinance. M sm Recall - Ballots ......................................... Art. XI, Sec. 16 Election ........................................ Art. XI. Sec. 15 General ........................................ Art. XI, Sec. 12 Limitations ..................................... Art. XI, Sec. 18 Ordering election ................................. Art. XI, Sec. 19 Petition ........................................ Art. XI, Sec. 14 Procedure ...................................... Art. XI, Sec.13 Results of election ................................ Art. XI, Sec. 17 Referendum - Consideration by City Council ....................... Art. XI, Sec. 9 Form of ballot ................................... Art. XI, Sec. 11 Petition ......................................... Art. XI, Sec. 8 Power of ........................................ Art. XI, Sec. 7 Results of election ................................ Art. XI, Sec. 10 -S- Salary - Assistant City Attorney ........................... Art. XII, Sec. Lc Board of Equalization ............................. Art. VIII, Sec. 5 City Assessor and Collector of Taxes ................. Art. VIII, Sec. 1 City Attorney .................................... Art, XII, Sec. la City Clerk ...................................... Art. III, Sec. 11 City Magistrate ................................... Art. XII, Sec. 3 City Manager ...................................... Art. V, Sec. 2 Council .......................................... Art. V, Sec.2 DirectorofFinance- seeCityManager. Mayor ....................................... Art. XVII, Sec. 17 Sale or Lease of City Property ........................ Art. XVII, Sec. 17 (Excepting Public Utilities or Acquired Taxes) Sanitary Sewer System .................................. Art. II. Sec. 4 School Property .................................... Art. XVII, Sec. 3 Independent School District ...................... Art. XVII, Sec. 19 Separability provision .............................. Art. XVII, Sec. 22 57 INDEX Service of process ................................. Art. XVII, Sec. 12 SinkingFund- seeBonds. Special Assessments ................................. Art. XVII, Sec. 3 Spur Tracks ........................................ Art. XV, Sec. 4 Streets and Sidewalks - Improvements ................................... Art. XIV, Sec. 2 Power and control over ............................ Art. XIV, Sec. 1 -T- Tax Administration - see Taxation. Taxation - Assessment ..................................... Art. VIII, Sec. 3 Power to Tax .................................... Art. VIII, Sec. 2 Propertytax- seeBudget. Seizure and sale ofpersonal property ................. Art. VIII, Sec. 5 Taxation Division Established ...................... Art. VIII, Sec. 1 Taxes, when due and payable ....................... Art. VIII, Sec. 4 Delinquent ...................................... Art. VIII, Sec. 4 Installment payments .............................. Art. VIII, Sec. 4 Tax Liens .......................................... Art. VIII, Sec. 6 -U- Utilities - Municipally owned - see Municipally Owned Utilities. Public -see Franchises and Public Utilities. -V- Wards - Boundaries - Changes ....................................... Art. I, Sec.6 Creation ....................................... Art. I, Sec. 5 Warrants - Sale of ......................................... Art. VII, Sec. 10 Writ of Execution .................................. Art. XVII, Sec. 6 -X- -Y- -Z- 58 WORK SESSION Review and discuss fencing around the Botanical Gardens at Tyrrell Park