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HomeMy WebLinkAboutPACKET JULY 22 2003 i : City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 22, 2003 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-4/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance providing for a special election to present to the voters certain amendments to the City Charter of the City of Beaumont and other provisions relating to the subject 2. Consider approving an annual contract for Professional Auditing Services 3. Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service - TEEX to utilize the State Homeland Security sub- grant 4. Consider amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood 5. PUBLIC HEARING: Proposed Transit Fares Consider amending Sections 28-5 and 28-6 of the Code of Ordinances establishing new and increasing existing regular and special transit fares effective October 1, 2003 COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) i EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Suzanne L. McClelland v. Bradley Richard Beaulieu and City of Beaumont * Consider matters related to employment, evaluation and duties of a public officer or employee in accordance with Section 551.074 of the Government Code: City Clerk City Manager Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buchrle at 880-3725 a day prior to the meeting. City of Beaumont ~' Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 18, 2001 REQUESTED ACTION: Consider an ordinance providing for a special election to present to the voters certain amendments to the City Charter of the City of Beaumont and other provisions relating to the subject. RECOMMENDATION Administration recommends approval of an ordinance calling a special election on September 13, 2003, for the purpose of submitting to the voters certain proposed amendments to the existing charter of the City of Beaumont, Texas. BACKGROUND Council has met in public sessions to discuss charter changes and amendments for presentation to the voters of the City of Beaumont for their consideration. BUDGETARY IMPACT The cost of the election is expected to be shared with Jefferson County, Texas who is expected to hold an election on the same date. PREVIOUS ACTION None. SUBSEQUENT ACTION If passed, an election will be held on Saturday, September 13, 2003. G:W O E\Charter.C hang e.Agenda.Item071803.wpd i RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny an Ordinance calling a special election on September 13, 2003 for voters to consider charter changes and amendments. G:\JOEICharter.Change.Agenda.itemO7l8O3.wpd i DRAFT ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A SPECIAL ELECTION TO BE HELD ON THE 13T" DAY OF SEPTEMBER, 2003, FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY CERTAIN PROPOSED AMENDMENTS TO THE EXISTING CHARTER OF THE CITY; STATING THE SUBJECT MATTER OF THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE VOTED UPON AT SAID ELECTION; DESIGNATING POLLING PLACES AND APPOINTING OFFICIALS FOR SUCH ELECTION; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a special election is hereby called and ordered for the 13th day of September, 2003, at which election there shall be submitted to the qualified voters of the City for their action thereon, propositions for certain proposed amendments to the existing Charter of the City of Beaumont. Such proposed amendments are as follows: PROPOSED AMENDMENT NO. 1 Section 2 of Article III of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE III. 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 he 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 of the City. At the general election in 2004, the Mayor and at-large Councilmembers shall be elected Page 1 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i to a one (1) year term. Thereafter, the Mayor and all Councilmembers shall be elected for two (2) year terms." Section 4 of Article IV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE IV. ELECTIONS "Section 4 — 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 candidate for Councilmember-at-large Place 1 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 1 shall be declared elected. The candidate for Councilmember-at- large Place 2 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 2 shall be declared elected. 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 an 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. If no candidate for Mayor, Councilmember-at-large orforward 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 or positions 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 of votes cast in the general election for such position. In the event of any tie vote between two (2) or more candidates 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. All officers duly elected shall take office on the first Tuesday following the runoff election, if one is required, and, if no runoff election is required, then all said officers shall take office on the first Tuesday following the general election." PROPOSED AMENDMENT NO. 2 Section 2 of Article I I I of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: Page 2 of 15 GARMMORDINANCE\SPECIAL ELECTION i "ARTICLE III. 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 which such Councilmember is elected to represent. At the general election in 2004 and thereafter, there shall be two (2) Councilmembers designated Councilmembers-at-large elected from "Places;" one shall be elected from "Place I" by majority vote of all the qualified voters of the City and the other shall be elected from "Place II" by a majority vote of all the qualified voters of the City. At the general election in 2004 the Mayor and at-large Councilmembers shall be elected to a one year term. Thereafter, the Mayor and all Councilmembers shall be elected for three (3) year terms." Section 4 of Article IV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE IV. ELECTIONS "Section 4 — 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 candidate for Councilmember-at-large Place 1 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 1 shall be declared elected. The candidate for Councilmember-at- large Place 2 receiving the majority of the votes cast by the qualified voters of the City for Councilmember-at-large Place 2 shall be declared elected. 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 an 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. If no candidate for Mayor, Councilmember-at-large or forward 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 or positions 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 of votes cast in the Page 3 of 15 G:\RMw\ORDINANCE\SPECIAL ELECTION general election for such position. In the event of any tie vote between two (2) or more candidates 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. All officers duly elected shall take office on the first Tuesday following the runoff election, if one is required, and, if no runoff election is required, then all said officers shall take office on the first Tuesday following the general election." PROPOSED AMENDMENT NO. 3 Section 21 of Article VI of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 4 Section 1 of Article VI I of the Charter of the City of Beaumont,Texas, shall hereafter provide as follows: "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. City Council may waive the bond requirement by ordinance upon a finding that the premium for such bond is such that purchase of the bond is not economically feasible." PROPOSED AMENDMENT NO. 5 Section 2(f) of Article VII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 6 Section 7 of Article VI I of the Charter of the City of Beaumont,Texas, shall hereafter provide as follows: Page 4 of 15 GARMMORDINANCE\SPECIAL ELECTION I "ARTICLE VII. FINANCE ADMINISTRATION "Section 7 — Purchase Procedure: All purchases made by the City of Beaumont 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." PROPOSED AMENDMENT NO. 7 Section 1 of Article VIII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "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 of the City of Beaumont." PROPOSED AMENDMENT NO. 8 Section 4 of Article VIII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE VIII. TAXATION "Section 4 — Transfer of Appropriations: 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, attorneys fees, penalty, and procedures for the collection of taxes." PROPOSED AMENDMENT NO. 9 Section 4 of Article XI I of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: Page 5 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION "ARTICLE XII. LAW— MUNICIPAL COURT "Section 4 — Clerk of Court: 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." PROPOSED AMENDMENT NO. 10 Section 2 of Article XIV of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XIV. STREET AND SIDEWALK IMPROVEMENT "Section 2 — Street and Sidewalk Improvements: The City of Beaumont shall have exclusive dominion, control and jurisdiction in, upon, and over and underthe 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 amendments and all amendments in the future, are expressly adopted and made a part of this charter." PROPOSED AMENDMENT NO. 11 Section 8 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 8 — No Officer or Employee 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 Page 6 of 15 GARNIMORDINANCE\SPECIAL ELECTION may be punished by any fine that may be prescribed by ordinance for this offense and shall forthwith be removed from office." PROPOSED AMENDMENT NO. 12 Section 8 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 8 — No Officer or Employee to Accept Gifts: No officer or employee of the City of Beaumont shall ever accept,directly or indirectly,any gift, favor, or privilege 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." PROPOSED AMENDMENT NO. 13 Section 18 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 14 Section 19 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 15 Section 23 of Article XVII of the Charter of the City of Beaumont, Texas, shall be repealed. PROPOSED AMENDMENT NO. 16 Section 25(a) of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: Page 7 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i "ARTICLE XVII. GENERAL PROVISIONS "Section 25(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 of the 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." PROPOSED AMENDMENT NO. 17 Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter be amended to add a new subsection 26 to read as follows: "ARTICLE XVII. GENERAL PROVISIONS "Section 26 — Service Fees: The City Council of the City of Beaumont is hereby authorized by ordinance to impose fees as necessary to help fund Emergency Medical Services, Transit services and street rehabilitation projects." PROPOSED AMENDMENT NO. 18 Section 4 of Article V of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: "ARTICLE V. THE CITY MANAGER "Section 4 — Interference by City Council Prohibited: Neither the City Council nor any of its committees or members shall dictate the appointment of any person to, or his removal 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." PROPOSED AMENDMENT NO. 19 Section 16 of Article XVII of the Charter of the City of Beaumont, Texas, shall hereafter provide as follows: Page 8 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i "ARTICLE XVII. GENERAL PROVISIONS "Section 16 — Disabled Employees, 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 authority to provide for rules and regulations for maintaining employees when injured and disabled while performing 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." Section 2. That said election shall be held in the City of Beaumont between the hours of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit "A" attached hereto and made a part hereof for all purposes. The persons whose names appear in Exhibit"A"are appointed presiding judges and alternates for the respective polling places with authority to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election Code, the presiding judge for each election precinct shall appoint a minimum of two (2) clerks, and the City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduct of the election. Section 3. That notice and order of said election shall be given by posting and publishing said notice and order as provided by the Texas Election Code. Section 4. That an electronic voting systems, as described by Title 8 of the Texas Election Code, shall be used for said election; and the following are hereby appointed officers of said election to serve at the Central Counting Station, which is hereby established at Manager of the Central Counting Station, Page 9 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION I Tabulation Supervisors, Presiding Judge of the Central Counting Station, The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 5. That the City Clerk is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas Election Code, the appointment of Betty Braxton as deputy early voting clerk is approved, said appointment being without additional compensation. The City Clerk may authorize as many additional clerks as are deemed necessary for the proper conduction of the election. Early voting by personal appearance shall be conducted at the City Hall, City Clerk's Office, Room 125, 801 Main Street, Beaumont, Texas, 77701. Early voting ballot applications and ballots voted by mail shall be sent to the City Clerk's Office, P. O. Box 3827, Beaumont, Texas, 77704-3827. The clerk shall keep the said office open for at least eight(8) hours between 8:00 a.m. and 5:00 p.m. on each day for early voting which is not a Saturday, a Sunday, or an official State holiday beginning on the seventeenth (17th)day and continuing through the fourth (4th)day preceding the date of such election; provided, however, except as authorized by Section 85.005(a), Texas Election Code, said clerk shall not permit anyone to vote early by personal appearance on any day which is not a regular working day for the clerk's office, and under no circumstances shall she permit anyone to vote early by personal appearance at any time when her office is not open to the public. Section 6. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and two clerks, and the City Page 10 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION Clerk may authorize as many additional clerks as are deemed necessary. of , Beaumont, Texas, 7770_, is hereby appointed Presiding Judge of the Early Voting Ballot Board; and she shall appoint the clerks. Early votes shall be canvassed and returned by the Early Voting Ballot Board to the Central Counting Station by 7:00 p.m. on election day. Section 7. If any person or persons appointed herein do not appear, are unable to perform their duties, or fail to perform their duties, the Mayor shall have the discretion and authority to appoint any substitute personnel to fill the position(s). Section 8. That the ballot of said election shall conform to the requirements of the Texas Election Code, as amended, and on such ballot shall appear propositions corresponding to each of the proposed charter amendments set forth above in Section 1, with the provision on such ballot permitting voters to vote "Yes" or "No" on each charter proposition. Such propositions shall provide as follows: CHARTER PROPOSITION NO. 1 Shall Section 2 of Article III and Section 4 of Article IV of the Charter of the City of Beaumont be amended such that all Council members and the Mayor are elected at the same election? CHARTER PROPOSITION NO. 2 Shall Section 2 of Article III and Section 4 of Article IV of the Charter of the City of Beaumont be amended to increase the term of all Council members and the Mayor from two (2) to three (3) years? Page 11 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i CHARTER PROPOSITION NO. 3 Shall Section 21 of Article VI of the Charter of the City of Beaumont be amended to repeal the requirement for the City Manager to submit a five (5) year planning budget each year? CHARTER PROPOSITION NO. 4 Shall Section 1 of Article VII of the Charter of the City of Beaumont be amended to require that a $250,000 surety bond which protects against financial misconduct by the City Manager be obtained only when directed by the City Council of the City of Beaumont? CHARTER PROPOSITION NO. 5 Shall Section 2(f) of Article VII of the Charter of the City of Beaumont be amended to remove the requirement that the City Manager be responsible for certain assessment and other tax matters that are currently done by other governmental entities? CHARTER PROPOSITION NO. 6 Shall Section 7 of Article VII of the Charter of the City of Beaumont be amended to change the specific requirements in Article VII dealing with purchasing and contracting by the City to state that purchasing and contracting by the City will be done in accordance with the Texas Local Government Code? CHARTER PROPOSITION NO. 7 Shall Section 1 of Article VIII of the Charter of the City of Beaumont be amended to remove references to a "Division of Taxation" and replace with a requirement that the Finance Director be responsible for assuring that the assessing and collection of taxes is done in the best interest of the City of Beaumont? CHARTER PROPOSITION NO. 8 Shall Section 4 of Article VIII of the Charter of the City of Beaumont be amended to remove references to the "City Collector of Taxes" and replace that phrase with "the entity designated by the City to collect taxes for the City of Beaumont?" Page 12 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION I CHARTER PROPOSITION NO. 9 Shall Section 4 of Article XII of the Charter of the City of Beaumont be amended to state that the City Manager shall appoint the Clerk of Municipal Court rather than the City Clerk so that the appointment would be done like the appointment of other department heads? CHARTER PROPOSITION NO. 10 Shall Section 2 of Article XIV of the Charter of the City of Beaumont be amended to remove the reference in Article XIV to a statute that has been repealed and replace it with a reference to the "Transportation Code of the State of Texas?" CHARTER PROPOSITION NO. 11 Shall Section 8 of Article XVII of the Charter of the City of Beaumont be amended to set an upper limit of $100 on the value of a gift, favor or privilege from a public utility to a City officer or employee? CHARTER PROPOSITION NO. 12 Shall Section 8 of Article XVII of the Charter of the City of Beaumont be amended to allow employees of public utilities which have a franchise from the City of Beaumont to be employed or become officers of the City of Beaumont? CHARTER PROPOSITION NO. 13 Shall Section 18 of Article XVII of the Charter of the City of Beaumont be amended to repeal the method by which the City would transfer port properties to a port district because such transfer has already occurred? CHARTER PROPOSITION NO. 14 Shall Section 19 of Article XVII of the Charter of the City of Beaumont be amended to repeal the requirement that the City relinquish all control over the Beaumont Independent School District because such relinquishment has already occurred? Page 13 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i CHARTER PROPOSITION NO. 15 Shall Section 23 of Article XVII of the Charter of the City of Beaumont be amended to repeal the procedures which were used after the adoption of this original charter because the procedures are no longer needed? CHARTER PROPOSITION NO. 16 Shall Section 25(a) of Article XVII of the Charter of the City of Beaumont be amended to require that, instead of being readopted every two(2)years, the Comprehensive Plan of the City of Beaumont shall be reviewed and readopted as required by City Council? CHARTER PROPOSITION NO. 17 Shall Article XVI I of the Charter of the City of Beaumont be amended to add Section 26, Service Fees, authorizing the City Council to impose fees as necessary to help fund Emergency Medical Services, Transit services and street rehabilitation projects? CHARTER PROPOSITION NO. 18 Shall Section 4 of Article V of the Charter of the City of Beaumont be amended to prohibit members of the City Council from interfering in the removal or discipline of employees under the City Manager's authority? CHARTER PROPOSITION NO. 19 Shall Section 16 of Article XVII of the Charter of the City of Beaumont be amended to recognize that the City of Beaumont has adopted a pension plan for its employees under the Texas Municipal Retirement System? Section 9. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable; and the City Council of the City of Beaumont, Texas, declares Page 14 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION i it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there be one or more parts. Section 10. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor- ATTEST: Susan Henderson, City Clerk Page 15 of 15 G:\RMW\ORDINANCE\SPECIAL ELECTION 2 July 22,2003 Consider approving an annual contract for Professional Auditing Services tu7ej- City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 18, 2003 REQUESTED ACTION: Council consider an annual contract for Professional Auditing Services. RECOMMENDATION: Administration and Audit Committee recommends approval of an annual contract with an annual renewal option for a period of three additional years beginning October 1,2003,with the accounting firm of Cook Shaver Parker&Williams, CPAs. BACKGROUND: On June 16,2003,the City issued a request for proposals from Certified Accounting Firms to provide professional auditing services for the City of Beaumont, Finance Department. Proposals were received on July 10, 2003 from the following firms: FIRM LOCATION AVERAGE FEE Cook Shaver Parker&Williams Beaumont, Texas $62,550 Sanderson, Knox&Belt, LLP Sugarland, Texas $76,100 Edwards, Tate&Fontenote, LLP Beaumont, Texas $78,500 Edgar Kiker& Cross Beaumont, Texas $89,900 Holliday, Lemons& Cox, PC Texarkana, Texas $91,106 Padgett Stratemann& Co., LLP San Antonio, Texas $102,385 i Members of the audit committee are Mayor Evelyn Lord, Councilmember Lulu Smith and Councilmember Audwin Samuel. The committee met to review the proposals that were received. It was determined that the proposal from Cook, Shaver, Parker & Williams was the best proposal received. This firm is located in Beaumont and served as the City's auditor from 1993-1996. For this reason they are familiar with the operations and controls of the City. The firm is comprised of 15 professionals, 11 CPAs, of which six have national firm experience. The City of Beaumont implemented the requirements of GASB #34 in the 2002 audit. The firm of Cook, Shaver, Parker&Williams is already experienced in GASB #34 requirements. BUDGETARY IMPACT: The fee for the fiscal year 2002 audit was$68,500. The fee of$62,550 proposed by Cook, Shaver, Parker&Williams will result in a$5,950 annual savings. PREVIOUS ACTION: None. SUBSEQUENT ACTION: None. RECOMMENDED BY: Audit Committee members, City Manager and the Finance Officer. RECOMMENDED MOTION: Approve/Deny the award for a one(1)year contract with the option to renew annually for a period of three additional years to Cook, Shaver,Parker&Williams in the amount of$62,550 annually for providing professional auditing services. 3 July 22, 2003 Consider approving an agreement between the City of Beaumont and the Texas Engineering Extension Service - TEEX to utilize the State Homeland Security sub-grant i . City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Micky Bertrand, Fire Chief MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 14, 2003 REQUESTED ACTION: Council approval of an agreement between the City of Beaumont and the Texas Engineering Extension Service - TEEX initiating a contract to utilize the State Homeland Security sub-grant. RECOMMENDATION: Council consideration to authorize the City Manager to sign an agreement initiating a contract to utilize the State Homeland Security sub-grant. BACKGROUND: Texas had 15 million dollars available for Weapons of Mass Destruction Response Equipment from the Department of Justice (DOJ) as part of the fiscal year 2002 State Domestic Preparedness Program. All cities were vigorously urged to participate in an assessment of risk, capabilities and needs.The application process began March 5,with input from several City disciplines,including Law Enforcement, Fire Rescue, Hazardous Materials Team, Public Health, EMS, Public Works, Public Safety Communication,City Manager's Office,and the City's Office ofEmergency Management.The data from the assessment provided the information needed to prioritize jurisdictions and allocate funding. This assessment will be used for the next four (4) years to allocate funding for homeland security. The application was submitted April 9, 2003. TEEX,who is responsible for allocating the DOJ grants,notified Mayor Lord by way of the Council of Government(COG),that the City of Beaumont will receive a base equipment grant in the amount of$119,435. TEEX also provided a regional allocation of$704, 861 to the COG of which$60,000 is awarded to the City of Beaumont to be used for equipment based upon regional needs. This then, amounts to a total of$179, 435 awarded to Beaumont under the Program, Page 2 July 22,2003 City of Beaumont and TEEX Agreement Agenda Memo The proposed agreement provides the process and timeline that will be followed during the administration ofthe DOJ State Homeland Security Program Grant. It outlines certain project tasks, involving the procurement and management of the equipment. The period for performance would become effective July 1,2003 and terminate April 30,2005.The total budget amount shall not exceed $179,435. BUDGETARY IMPACT: None. PREVIOUS ACTION: None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Fire Chief. RECOMMENDED MOTION: Approve/deny authorization for the City Manager to enter into an agreement initiating a contract to utilize the State Homeland Security sub-grant. i July 18, 2003 2002 State Domestic Preparedness Program Department Of Justice Proposed Grant Equipment Order List Total amount awarded$179,435. $ 287.50 = 50 Disposable Modesty Clothing (EMS and 1 st Responder use). $ 240 = 20 cs Latex Gloves $ 67 = 20 Disposable Blankets $ 13, 950 = 150 Spare Batteries for Radios(Police Department) $ 2,740 — 5 Radio, multi-unit charger hand held(Police Department) $ 1,000 = 2 G.P.S. Portable (Public Health and Fire) $132,552 = 36 800 MHZ Mobile Radios(All front line Fire and EMS units) $ 12,600 = 7 800 MHZ Talk Stations(I=EMS, 3 Public Health, 2 Fire, 1 Public Works). $ 14,000 = 1 Portable Repeater(Deputy Chiefs vehicle) $ 2,000 = 2 Direct Connect System, Blackberry Wireless handheld devices(P.H., OEM.) $179,436.50 Total Allocated=$179,435 Note: Quantities of items listed may be more or less depending upon Actual cost vs Estimated as displayed above. i 4 July 22,2003 Consider amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood ...,.. City of Beaumont N• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: John Labrie, Clean Community Department Director MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 16, 2003 REQUESTED ACTION: Consider an ordinance amending Ordinance No. 03-004 relating to the structure located at 3136 Hollywood. RECOMMENDATION At the request of Councilperson Bobbie Patterson, Administration recommends that the condemnation order for the structure located at 3136 Hollywood be reconsidered by Council to allow the property owner to rehabilitate it. BACKGROUND This structure was brought before City Council on January 21,2003 with staff's recommendation of a raze or repair order. The property owner was given 120 days to complete the repairs on this structure. On June 11,2003,final notification was mailed to the owner for non-compliance with City Council's order. BUDGETARY IMPACT City may incur the cost of demolition if the structure is not rehabilitated. PREVIOUS ACTION The Administration recommended and Council approved a raze or repair order for this structure on January 21, 2003. I SUBSEQUENT ACTION If Council grants a time period for rehabilitation, staff will enroll the owner in a new work program and monitor the progress of work. If the structure is not brought up to code or substantial progress is not made within the specified time period, the structure will be demolished without any further notification to property owner or Council action. RECOMMENDED BY City Manager and Clean Community Department Director. RECOMMENDED MOTION Approve/Deny the amendment of Ordinance 03-004 to allow the property owner to enter a work program to rehabilitate 3136 Hollywood. I i ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 03-004 TO REMOVE THE STRUCTURE LOCATED AT 3136 HOLLYWOOD FROM SECTION 3 OF ORDINANCE NO. 03- 004 AND ORDERING THE OWNER OF THE STRUCTURE AT 3136 HOLLYWOOD TO ENTER INTO A WORK PROGRAM TO REHABILITATE SAID STRUCTURE; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Ordinance No. 03-004, Section 3, be and the same is hereby amended by removing the structure located at 3136 Hollywood from Section 3. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the building located at 3136 Hollywood enter into a work program for the repair and/or demolition of said property within ten (10) days of the effective date of this ordinance. Should the owner(s) either fail or refuse to enter into a work program or fail or refuse to renovate and/or demolish the structure, the structure is hereby ordered to be demolished and removed by the City of Beaumont on the account of the owner(s) thereof without further notice to the owner(s). Section 3. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any I reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4. That any person who violated any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July, 2003. - Mayor Evelyn M. Lord - SUBSTA RD BUILDING INSPECADN REPORT CLEAN COMMUNITY 150 CITY OF BEAUMONT DATE REQUESTED January , 2003 WARD 4 ADDRESS OF INSPECTION _3136 Hollywood ACCOUNT NO. 29900-1000-7 CENSUS TRACT 14 OWNER Mary Howard ADDRESS 3125 Hollywood St. CITY/STATE (01)-3922 LEGAL DESCRIPTION APPRAISAL VALUE Lot or Plat E 84' Lot 19 Land Value 3280 Block or Tract 1 Improvement Value 950 Addition/Survey Hollywood Total Value 4230 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D Enrolled in VBork Repair Program` YES X NO 11-29-99 thru 03-29-0.0 E. Initial Inspection Date August 6, 1999 03-1402 thiru;07-14-02 E TAPES,ARE DUE IN THE AMOUNT`OF$122.60. NO SUIT FILED. Extended until 10-05-02 MAJOR CODE VIOLATIONS: This structure's roof has new shingles, All damaged and rotten windows and window sills will be needed Some windows are mi ing The exterior doors are damaged and missing A wood stove in the structure WaS not properly installed and the ceiling is burnt There is extensive deterioration to the foundation The foundation has bad sills and is agging The interior flooring, ceilings and walls are damaged and will need repair, There is no wall covering All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this tructure and the fact that these repairs will exceed over 50% of its appraised value staff is recommending a raze order for this tructure SEE ATTACHED PHOTOS F a rt *to .. li -lf ' 7; r. I1 n kWlf' r a m - �1 m- ,. ,# ;. .I0 IF jw mom 4 Dui a li.l F 1nNf 4 �c ^,L �I 5 July 22,2003 Consider amending Sections 28-5 and 28-6 of the Code of Ordinances establishing new and increasing existing regular and special transit fares effective October 1, 2003 I i City of Beaumont •�• Council Agenda Item � - ' • I g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 8, 2003 REQUESTED ACTION: Council conduct a Public Hearing on the proposed transit fares and consider amending Sections 28-5 and 28-6 of the Code of Ordinances establishing new and increasing existing regular and special transit fares effective October 1, 2003. RECOMMENDATION Administration recommends amending Sections 28-5 and 28-6 ofthe Code ofOrdinances establishing new and increasing existing regular and special transit fares. BACKGROUND The Fiscal Year 2003 Budget for Beaumont Municipal Transit is projected to have a deficit of $110,000 which will result in a fund balance of($42,960). Additionally, potential reductions in federal and state funding for BMT in Fiscal Year 2004 is anticipated. The amount of federal and state funding BMT will receive may not be known until next calendar year. Administration is recommending the following fare increases to offset the current deficit and in anticipation ofpotential reductions in federal and state funding. Type of Fare Existing Fare Proposed Fare Adult Fare $ 1.00 $ 1.25 (Persons 19 years of age or older) Reduced Fare $ 0.50 $ 0.75 (Elderly,disabled or persons 6 to 18 years) Adult Monthly Pass $30.00 $40.00 i Reduced Adult $20.00 $30.00 Monthly Pass (Elderly, disabled or persons 6 to 18 years) Transfers Free $ 0.25 Also,the following fare increases for the Beaumont Municipal Transit's Special Transit Service are recommended. Type of Fare Existing Fare Proposed Fare Transit restricted or $2.00 $ 2.50 transit limited persons fare,one-way trip Transit restricted or $60.00 $ 80.00 transit limited persons, monthly pass Transit restricted or NA $20.00 transit limited persons, Fully Allocated Cost In accordance with federal regulations social service agencies,whose clients are transported may be charged the fully allocated cost of each one-way trip minus the regular fare. This would result in a charge to the social service agency of$1 7.50 per trip. BUDGETARY IMPACT The fare increases are anticipated to generate between$370,000 to $420,000 annually. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Transportation Manager RECOMMENDED MOTION Approve/Deny an amendment to Sections 28-5 and 28-6 ofthe Code ofOrdinances establishing new and increasing regular and special transit fares effective October 1, 2003. FY2004BMTFare Inereasesk.wpd City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JULY 22, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments Kathleen Jackson would be appointed as Chairman of the Keep Beaumont Beautiful Commission. The term would commence July 22, 2003 and expire July 21, 2004. (Mayor Evelyn M. Lord) A) Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office B) Approve the purchase of a precast concrete box culvert for the rehabilitation of Jane's Gulley Outfall Ditch No. 1 1 1 I i A City of Beaumont •� Council Agenda � = • - � Item TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 18, 2003 REQUESTED ACTION: Approve the waiver of penalties and interest on three tax accounts processed by the Jefferson County Tax Assessor-Collector's Office. BACKGROUND Section 33.011 of the State Property Tax Code states "the governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer, employee, or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Jefferson County Commissioners' Court approved the waiver of penalties and interest on the accounts on July 7, 2003. A letter from the Tax Assessor-Collector is attached for your review as well as information relating to the three tax accounts. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager i . �� SON �TEXA�� AMU" K. JOHNSON TAX ASSESSOR-COLLECTOR NETTLE WHJJAMS TRUSS JEFFERSON COUNTY COURTHOUSE SYLVIA E.MYERS CHIEF DEPUTY P.O.BOX 2112 BEAUMONT,TEXAS 77704 CHIEF OPERATIONS MGR. 409-835-8516 FAX 409-835-8589 July 8, 2003 Kyle Hayes, City Manager City of Beaumont P. O. Box 3827 Beaumont, TX 77704 Dear Mr. Hayes: The Tax Office has accepted three(3)payments that were processed according to Sec. 33.011 of the State Property Tax Code. For your information,Sec.33.011 reads as follows: "The governing body of a taxing unit may provide for the waiver of penalties and interest on a delinquent tax if an act or omission of an officer,employee,or agent of the taxing unit caused the taxpayer's failure to pay the tax before the delinquency and if the tax is paid within 21 days after the taxpayer knows or should know of the delinquency." The Commissioners'Court met on July 7,2003 and approved waiver of penalty and interest on these accounts which are listed onAttachmentA. I am now requesting that you present this information to your governing body in order to ratify the Commissioners' Court action in accepting these payments. If you should have any problems or questions concerning this matter,please let me know right away. Please notify me in writing as soon as ratification has occurred. I look forward to hearing from you. Sincerely, D41� - I le� z MIRIAM K. JO SON Assessor-Collector of Taxes Jefferson County, Texas MKJ:tm Attachment /lle p 1-!dp0, app_wa o!; I ATTACHMENT A CITY OF BEAUMONT - WAIVER OF P & I July 8, 2003 Taxpayer's Name Total Levy Waiver of P & I Account Number Paid Request 1. Kenneth Rollins 5.16 .67 300056-008700 2. Interlott Technologies 154.18 43.17 700000-299730 3. Memorial Sisters of Charity 222.63 55.66 700000-411870 TOTAL 381.97 99.50 i City of Beaumont �z = 0L Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: July 22, 2003 AGENDA MEMO DATE: July 9, 2003 REQUESTED ACTION: Council approval to award a bid for the purchase of 198 feet of precast concrete box culvert. RECOAVgENDATION Administration recommends award of a bid for the purchase of 198 feet of 10' X 10' precast concrete box culvert at the unit cost of $365 per foot, for an anticipated total of $72,270 to Hanson Pipe and Products of Houston, Texas. BACKGROUND The culvert will be used by the Jefferson County Drainage District No. 6 in their rehabilitation of the Jane's Gulley Outfall Ditch No. 111. The ditch passes under Langham Road near the City Parks Operations building, north of Washington Boulevard. The ditch is being upgraded to improve area drainage, and the City has agreed to provide the material. Installation will be provided by the Drainage District. Bid notices were provided to four (4) vendors, with Hanson Pipe and Products the only bidder to respond. Delivery time is anticipated to be 28 days. BUDGETARY IMPACT Funds are available for this expenditure in the Street Maintenance Revenue Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. i Purchase of 198 Feet Precast Concrete Box Culvert July 9, 2003 Page 2 RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny accepting a bid from Hanson Pipe and Products at a unit cost of$365 per foot for the purchase of 198 feet of 10'X 10'precast concrete box culvert for the Public Works Department.