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HomeMy WebLinkAboutPACKET FEB 17 2004 cit of Beaumomt REGULAR MEE'T'ING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 17, 2004 130 P.M. AGENDA CALL TO ORDER Invocation Pledge boll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance calling the General Election for May 15, 2004 to elect a Mayor and two (2) Co une ilmembers-At-Large WORKSESSION Receive information from the Police Department relating to motorized scooters COMMEN'T'S Councilmembers/City Manager comment on various matters a' Public Comment (Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 February 17, 2004 Consider approving an ordinance calling the General Election for May 15, 2004 to elect a Mayor and two (2) Councilmembers-At-Large City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Rose Ann Jones, City Clerk ` 4 MEETING DATE: February 17, 2004 AGENDA MEMO DATE: February 11, 2004 REQUESTED ACTION: Council approve an ordinance calling the General Election for May 15, 2004 to elect a Mayor and two (2) Councilmembers-At-Large RECOMMENDATION Approve the General Election. BACKGROUND The City Charter dictates that all elected officials shall be elected on a regular election day established by the Election Code of the State of Texas. The City of Beaumont has established the third Saturday of May to conductthis election,and will conduct a joint election with the Beaumont Independent School District.The Cityof Beaumontwill elect a Mayorand two (2)Councilmembers-At-Large fora one(1)year term. The Beaumont Independent School District will elect two (2) Trustees for Districts 3 and 5. BUDGETARY IMPACT Estimated expense to conduct an election is estimated at$40,000,with each entity paying an equitable share of said expenses. Should a runoff election be necessary, the City of Beaumont would bear the total expense. PREVIOUS ACTION None SUBSEQUENT ACTION The General Election will be conducted May 15, 2004. General Election and Runoff Election February 11, 2004 Page 2 RECOMMENDED BY City Manager and City Clerk RECOMMENDED ACTION Approve an ordinance calling the General Election for May 15, 2004. Ordinance No. 04 - AN ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE 15TH OF MAY, 2004 FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCILMEMBERS-AT- LARGE; DESIGNATING POLLING PLACES AND APPOINTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING THE FORM OF THE BALLOT AT SUCH ELECTION; DIRECTING THE GIVING OF NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH THE BEAUMONT INDEPENDENT SCHOOL DISTRICT; AND CONTAINING OTHER PROVISIONS RELATING TO THE SUBJECT. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. In accordance with the City Charter,the Constitution,and general laws of the State of Texas, a general municipal election is hereby called and ordered for the third Saturday in May, 2004, the same being the 15th day of said month, at which election all qualified voters residing within the corporate limits of the City may vote for the purpose of electing a Mayor and two (2) Councilmembers-At-Large for a one (1) year term. Section 2. No person's name shall be placed upon the official ballot as a candidate for any of the above-mentioned position unless such person has filed his or her sworn application, as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas Election Code,and Article IV,Section 5 of the Charterof the City of Beaumont,with the Mayor,or in her absence,the City Clerk, not later than five o'clock(5:00)p.m.on the sixtieth (60th)day before the date of such election. The City Clerk shall note on the face of each such application the date and time of its filing. A declaration of write-in candidacy must be filed with the City Clerk as provided by Section 146.054 of the Texas Election Code, not laterthan five o'clock (5:00) p.m. on the fifty fourth (54th) day before election day, except as otherwise provided in the case of a deceased or ineligible candidate. Section 3. Said election shall be held jointly with the Beaumont Independence School District in accordance with Chapter 271 of the Texas Election Code; and the City Clerk of the City of Beaumont,Texas,agrees to coordinate,supervise,and handle all aspects of administering said joint election in accordance with the provision of the Texas Election Code and as outlined in their terms of agreement contained herein: a) The expenses of the election shall be divided with each governmental entity paying an equitable share of said expenses. b) Single ballot forms shall be used which shall contain the Mayor, two (2) Councilmembers-At-Large and the two (2) Beaumont Independent School District Trustee positions. c) The City of Beaumont shall be responsible for the appointment of all election judges. d) Location of polling places is attached hereto as Exhibit "A." e) One set of ballot boxes shall be used and records for all elections shall be combined. f) The City Clerk of the City of Beaumont is designated as the general custodian of election records for the joint election. g) Earlyvoting shall be held jointly,and the City Clerk of the City of Beaumont shall serve as the joint early voting clerk. The joint early voting shall be conducted between the hours of 8:00 a.m.to 5:00 p.m.including any extended orweekend hours,at the earlyvoting place or places atwhich the early voting clerk regularly conducts early voting for the City. The regular early voting clerk shall receive applications for early voting ballots to be voted by mail in accordance with Texas Election Code,Section 81.001,et.Seq. The remaining procedures for conducting earlyvoting by mail shall be completed bythe City Clerk of the City of Beaumont. h) Each participating entity will be responsible for all required election orders, resolutions, notices, and any other pertinent documents required by its respective governing body,including making the submissions required bythe Federal Voting Rights Act of 1965 and any other changes which require preclearance by the United States Department of Justice. Preparation of necessary bilingual materials and notices will also be the responsibility of each participating entity. i) The judges and clerks shall be compensated at a rate of$8.00 per hour. No judge or clerk shall be paid for more than one hour of work before the polls open and no period of time subsequent to two hours aftervoting is concluded by all voters offering themselves for voting during regular voting hours. The election official who delivers the returns of the election shall be paid an additional $25.00 provided he/she also returns unused ballots, elections supplies, and ballot boxes when he/she makes delivery of the returns of the election. Section 4. Legally qualified voters residing within the corporate limits of the City of Beaumont shall be entitled to a vote at said election for the respective candidate(s). Section 5. 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 the Exhibit"A" are appointed presiding judges and alternates forthe 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 foreach election precinct shall appoint a minimum of one(1)clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary forthe proper conduct of the election. Section 6. The 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 7. That an electronic voting system, 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 the Mid-County Office Building,2748 Viterbro Road, Nederland,Texas: Managerof the Central Counting Station, Larry Borel; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding Judge of the Central Counting Station, Rose Ann Jones, City Clerk. The official ballots, ballot cards, and ballot labels, respectively, for the election shall be prepared in accordance with the Texas Election Code. Section 8. 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 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 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 daywhich 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 9. That early votes by personal appearance and by mail shall be counted by an early voting ballot board consisting of a presiding judge and one clerk, and the City Clerk may authorize as many additional clerks as are deemed necessary. Etta Louis Hope is hereby appointed Presiding Judge of the Early Voting Ballot Board;and she shall appoint the clerk. 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 10. 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 11. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas Election Code. The City Clerk shall post a notice in the office,at least seventy-two (72) hours prior to the date on which the drawing is to be held, of the time and place of the drawing,and shall also give personal notice to any candidate who makes written request for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each candidate involved in the drawing,ora representative designated bythe candidate,shall have a right to be present and observe the drawing. Section 12. That is any section, subsection, sentence, clause, or phrase of this ordinance,orthe application of same to a particularsetof 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 affectthe 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 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 13. 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 Cityof Beaumont this the W'dayof February 2004. Evelyn M. Lord, Mayor ATTEST: Rose Ann Jones, City Clerk EXHIBIT "A" -2004 GENERAL ELECTION ORDINANCE PRECINCTBISD POLLING LOCATION JUDGE ALTERNATE 001-1 French Elementary School Don E.Hegele Yvonne Smith 3525 Cleveland Ave. Beaumont,TX 77703 002-1 Smith Middle School 4415 Concord Beaumont,TX 77703 003-2 Brown Alternative Center Etta Hope Thelma Fielder 1900 Pope St. Beaumont,TX 77703 004-6 Administration Building Dr.Bruce Drury Gary Tucker 3395 Harrison Ave. Beaumont,TX 77703 005-5 Caldwood Elementary Jimmie O'Neal Dolorous Kelley 102 Berkshire Lane Beaumont,TX 77707 006-5 Central Senior High School Celeste Johnson Mary Williams 88 Jaguar Beaumont,TX 77702 007-2 O.C. "Mike"Taylor Career Judy Boutte Jean Runnels Center 2330 North Beaumont,TX 77702 008-2 Magnolia Baptist Church Edward Sigee Jo Helen Stevens 2830 Pine St. Beaumont,TX 77703 010-2 Scott Olive Baptist Church Nanette Cantue Leslie Cantue 1050 Ewing Beaumont,TX 77701 011-3 Jefferson County Courthouse Rose Owens Lorenzo Owens 1149 Pearl Beaumont,TX 77701 012,013-3 Dunbar Elementary Lenna Winn Katherine Fontenot 825 Jackson Beaumont,TX 77701 014-3 Ogden Elementary School Lillian Frye Marilyn Frye 2300 Victoria Beaumont,TX 77701 015-3 King Middle School Annie Pumphrey Olivia Gonzales 1400 Ave.A Beaumont,TX 77701 016-2 Fletcher Elementary School Herman Davis Jr. Rose Davis 1055 Avenue F Beaumont,TX 77701 017,026,090-5,7 Municipal Airport Donna Hargraves Bobbie Watson 455 Keith Road Highway 90 Beaumont,TX 77713 018-4 Ozen High School Dorothy S. Thomas L.Anderson 3443 Fannett Road Beaumont,TX 77705 019-3 BISD Administration,Annex Leo Lemell Robert Hunter 1025 Woodrow Beaumont,TX 77705 020-3 Pietzsch Elementary Grace DeMary Isadora Thomas 4301 Highland Ave. Beaumont,TX 77705 022- 1 Guess Elementary School Vickie Clement Kathie Walker 8055 Old Voth Road Beaumont,TX 77713 023-1 Rosedale Baptist Church James Boykin Karlene Boykin 7110 Concord Beaumont,TX 77708 027,078,086-5,7 Amelia Elementary Huberta Maynor Maedell Janecka 565 South Major Dr. Beaumont,TX 77707 039-4 Blanchette Elementary Maudry Plummer Isabelle Sonnier 2400 Lela Beaumont,TX 77705 062-7 Sallie Curtis Elementary Ward McCurtain E.McCurtain 6225 North Circuit Dr. Beaumont,TX 7706 063-2 Lucas Elementary Thelma Noble Sallie Cannon 1750 East Lucas Beaumont,TX 77703 064-5 Beaumont Community Players Mary B.Francis Leona Moore 5515 Phelps Beaumont,TX 77705 065-6 Regina-Howell School 5850 Regina Lane Beaumont,TX 77706 066-025-7 Bevil Oaks Civic Center Mildred Juinez Jones Deborah Olson 7390 Sweetgum Road Beaumont,TX 77713 067,021 -4,5 South Park Middle School Viola Koenig M.Applebach 4500 Highland Ave. Beaumont,TX 77705 068-6 Austin Middle School Bobby Cowart Dot Wilkerson 3410 Austin Beaumont,TX 77706 072-6 Southern Star Gymnastics Oleta Holmes Lenora Caffey 7595 Highway 105 Beaumont,TX 77713 073-7 George Marshall Middle School Ella Sanders John Clayton 6455 MLK,Jr.Pkwy Beaumont,TX 77706 075-4 Lamar University McDonald Willie Marrou Janice Marron Gym 440 MLK,Jr.Pkwy Beaumont,TX 77705 077-2 St.Pius X Church Scheiketha Simmons E.Simmons 5075 Bigner Rd. Beaumont,TX 77708 079,100-5 Tennis Center John Mistrot Mary Malone 6455 College Beaumont,TX 77707 084-4 Fehl School Ora Magee Carolyn Calhoun 3350 Blanchette Beaumont,TX 77701 085-4 OCAW Hall Alice Dyes Verlene Davenport 2490 South 111h St. Beaumont,TX 77701 087,088,099-1,6 Pine Burr Baptist Church John Figari Shirley Figari 5095 Pine Burr Blvd. Beaumont,TX 77708 089-1 Ridgewood Retirement Center Ruth Cole Ester Egins 2520 IH l0E Beaumont,TX 77703 104-6 Calvery Baptist Church Helen Stone Eloise Sole 3650 Dowlen Rd. Beaumont,TX 77706 116 West End YMCA Christine Gavrelos Sharon Hughes 3625 Dowlen Rd. Beaumont,TX 77706 Early Voting Beaumont City Hall Anna Bell Douglas 801 Main St. Suite 125 Beaumont,TX 77701 ORDER OF ELECTION FOR MUNICIPALITIES ORDEN DE ELECTION PARA MUNICIPLIOS An election is hereby ordered to be held on May 15, 2004 for the purpose of: ELECTING a MAYOR and TWO (2) COUNCILMEMBERS AT LARGE Por la presente se ordena que se Ilevara a cabo uno 15 de mayo de 2004 con el proposito ALCALDE que ELIGE DOS (2) LOS MIEMBROS DEL CONCILIO EN LIBERTAD Early voting by personal appearance will be conducted each weekday at: City Hall, 801 Main Street, Room 125, Beaumont TX 77701 La votacion adelantada en persona se Ilevara a cabo de lunes a viernes en municipalidad, 801 Calle Principal, se Aloja 125, Beaumont TX 77701 Recommended but not required between the hours of 8:00 a.m. and 5:00 p.m. Beginning on April 28, 2004 and ending on May 11, 2004 La votacion adelantada en persona se Ilevara a cabo de lunes a viernes en 8:00 de el de manana y las 5:00 de la tarde empezando el 28 de abril de 2004 y trminado el 11 de mayo de 2004 Applications for ballot by mail shall be mailed to: Las solicitudes para boletas quie se votaran en ausendcia por correo deberan enviarse a: Rose Ann Jones, Early Voting Clerk 801 Main Street, Room 125 Beaumont, TX 77701 Applications for ballot by mail must be received no later than the close of business on May 7, 2004. Las solicitudes para boletas que se votaran en ausencia por correo duberan recibirse para el fin de las horas de las horas de negocio el 7 de mayo do 2004 Issued this 17th day of February, 2004 Emitida este dia 17 de febrero de 2004 Signature of Mayor Firma del Alcalde WORK SESSION * The operation of a neighborhood electric vehicle or motor assisted scooter within the city INTER-OFFICE MEMORANDUM �X . EL City of Beaumont,Texas Police Department Date: February 13, 2004 To: Kyle Hayes, City Manager From: ' Tom Scofield, Chief of Police Subject: THE OPERATION OF A NEIGHBORHOOD ELECTRIC VEHICLE OR MOTOR ASSISTED SCOOTER WITHIN THE CITY COMMENTS The City of Beaumont has recently seen an influx in the number of small motorized scooters on its streets. Currently the State of Texas has few restrictions placed on the riding of these scooters which have a gasoline powered motor of 33cc to 40cc in size. There is no requirement for helmets, license,permits, etc. Currently pursuant to 551.302(a)a neighborhood electric vehicle or motor assisted scooter may be operated only on a street or highway for which the posted speed limit is 35 miles per hour or less. The vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 35 miles per hour. There is concern for safety when these motor assisted scooters are operated on streets within the City. Texas Transportation Code 552.302(c)provides as follows: A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety. The Council may wish to consider the possibility of adopting an ordinance pursuant to Texas Transportation Code 551.302 (c). The specifics of the ordinance would need to be determined after further research. A copy of the pertinent provision of the Texas Transportation Code is attached. It is the recommendation of the Beaumont Police Department that the City Council strongly consider adopting an ordinance restricting the operation of neighborhood electric vehicles or motor assisted scooters within the City. See Attachments 1 the review a"he Texas Transportation Code, the following sections have been referenced. ► 511.20I (Vehicles) ► 551.301 (Definitions) 551302 (Operation on the Roadway) 541.201 Moped: "means it motor-driven.cycle that cannot attain a speed in one mile of more than 30 miles per hour and the engine of which: (A)cannot produce more than two-brake horsepower;and (B)of an internal combustion engine,has a piston displacement of 50 cubic centimeters or less and connects to a power drive system that does not require the operator to shift gears." 551.301 Motor-Assisted Scooters: "(2)means a ser propelled device with: (A)at least two wheel fin contact with.the ground during operation; (B)a braking system capable of stopping the device under typical operating conditions; (C)a gas or ekc&ic urotor not cwee&W 40 cubic cea (D)a deck designed to allow a person to stand or sit while operating the device : and (E)the ability to be propelled by human power alone. 551.302 (c) "A county or municipality may prohibit the operation of a neighborhood electric vehicle or motor assisted scooter on-any street or highway if the governing body of the county or municipality determines that the prohibition is necessary in the interest of safety.to The other portion within this section deal with speed limits imposed for city greets as accessability. §551.301 Texas Criminal&Vehicle Handbook W SUBCHAPTER D. NEIGHBORHOOD (E) the ability to be propelled by human ELECTRIC VEHICLES power alone. (Added by L.2003, chap. 1320(7),eff. (Added by L.2003,chap.132509.07),eff.91112003) 91112003.See other Subchapter D below.) §551.302. Operation on roadway. §551.301. Definition. (Multiple versions enacted See other Section 551.302 (Multiple versions enacted.See other Section 551.301 above.) below.) (a) A neighborhood electric vehicle or motor In this subchapter, "neighborhood electric assisted scooter may be operated only on a vehicle"means a vehicle subject to Federal Mo- street or highway for which the posted speed for Vehicle Safety Standard No. 500(49 C.F.R. limit is 35 miles per hour or less. The vehicle Section 571.500).(Added by L.2003,chap.1320(7), may cross a road or street at an intersection eff. 91112003.) where the road or street has a posted speed limit of more than 35 miles per hour. §551.302. Registration. (b) A person may operate a motor assisted (Multiple versions enacted. See other Section scooter on a path set aside for the exclusive op. 551.302 below.) eration of bicycles or on a sidewalk. Except as The Texas Department of Transportation otherwise provided by this section, a provision N may adopt rules relating to the registration and of this title applicable to the operation of a bicy- issuance of license plates to neighborhood elec- cle applies to the operation of a motor assisted tric vehicles. (Added by L.2003, chap. 1320(7), scooter. ff. 91112003.) e (c) A county or municipality may prohibit §551.303. Operation on roadways. the operation of a neighborhood electric vehicle a (a) A neighborhood electric vehicle may be or motor assisted scooter on any street or high. 8 operated only on a street or highway for which way if the governing body of the county or mu- the posted speed limit is 35 miles per hour or nicipality determines that the prohibition is o less.A neighborhood electric vehicle may cross necessary in the interest of safety. o a road or street at an intersection where the (d) The department may prohibit the opera- road or street has a posted speed limit of more tion of a neighborhood electric vehicle or motor than 35 miles per hour. assisted scooter on a highway if it determines (b) A county or municipality may prohibit that the prohibition is necessary in the interest the operation of a neighborhood electric vehicle of safety. ' on a street or highway if the governing body of (e) A provision of this title applicable to a the county or municipality determines that the motor vehicle does not apply to a motor assisted prohibition is necessary in the interest of safety. scooter. (c) The Texas Department of Transporta- (Added by L.2003,chap.1325(19.077,eff.91112003) tion may prohibit the operation of a neighbor- CHAPTER 552. PEDESTRIANS 5 hood electric vehicle on a highway if that depart- ment determines that the prohibition is neces- Section ' sary in the interest of safety. 552.001. Traffic control signals. (Added by L.2003,chap. 1320(7),eff.91112003.) 552.002. Pedestrian right-of-way if control signal 3 SUBCHAPTER D. NEIGHBORHOOD 552.003. Pedestrian right-of-way at crosswalk. s ELECTRIC VEHICLES AND 552.004. Pedestrian to keep to right. s MOTOR-ASSISTED SCOOTERS 552.005. Crossing at point other than crosswalk. a (Added by L.2003, chap. 1325(19.07), eff. 552.006. Use of sidewalk. 552.007. Solicitation by pedestrians. 91112003. See other Subchapter D above.) 552.008. Drivers to exercise due care. §551.301. Definitions. 552.009. Ordinances relating to pedestrians. (Multiple versions enacted. See other Section §552.001. Traffic control signals. 551.301 above.) (a) A traffic control signal displaying green, In this subchapter: red,and yellow lights or lighted arrows applies (1) "Neighborhood electric vehicle"means a to a pedestrian as provided by this section vehicle subject to Federal Motor Vehicle Safety unless the pedestrian is otherwise directed by a Standard 500(49 C.F.R. Section 571.500). special pedestrian control signal. (2) "Motor assisted scooter" means a self- (b) A pedestrian facing a green signal may propelled device with: proceed across a roadway within a marked or (A) at least two wheels in contact with the unmarked crosswalk unless the sole green signal ground during operation; is a turn arrow. (B) a braking system capable of stopping (c) A pedestrian facing a steady red signal the device under typical operating conditions; alone or a steady yellow signal may not enter a (C) a gas or electric motor not exceeding 40 roadway. cubic centimeters; (Added by L.1995, chap. 165(1), eff. 911195.) (D) a deck designed to allow a person to stand or sit while operating the device; and 742 AUX- Cit y of Beaumont REGULAR MEETING GP THE CITY COUNCIL -COUNCIL CHAMBERS FEBRUARY 179 2004 1.30 P.M. CONSENT AGENDA Approval of minutes " Confirmation of committee appointments A) Approve a resolution authorizing the acceptance of a ten foot(10') wide water line easement to provide mandatory access for fire prevention services B) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield Phase 1 Subdivision -O%w City of Beaumont L9 A Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 17, 2004 AGENDA MEMO DATE: February 10, 2004 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot(10')wide water line easement to provide mandatory access for fire prevention services. RECOMMENDATION Beaumont Westfield Venture L. P. has agreed to convey the following easement to the City of Beaumont. This easement, located across the Signature Kroger property on the corner of Dowlen and Folsom Roads, will provide mandatory access for fire prevention services: Easement "J" (0.015 acres) - 10' wide water line easement out of Tract 1, Plat RS- 4, W. B. Dyches Survey, Abstract 17; extending from the existing Easement "G" - conveyed December 17, 2002 with the authority of Resolution No. 02-296. Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the Kroger site on Dowlen Road. It would also be used to accommodate the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. \engwestfield_j_esmt-ib.wpd 10 February 2004 SUBJECT 10' WATER LINE EASEMENT OUT OF TRACT 1, PLAT RS-4 WQ W.B. DYCHES SURVEY o DAMN ABSTRACT 17 ARD o` tW ClGHi FOLSOM. � AR ENNYS (DOWLEN AND FOLSOM ROADS) �3 ALE, ROWNI p.RINGTNN BRIAR ?i ILTON CREEK WDDD OWNER= W L, LE BEAUMONT WESTFIELD _ °°V= VENTURE L.P. W A J i � LEIGN DELAWARE-. .OAd BAY U TRACE PLAC LOCATION MAP LEGEND N.T.S. ® SUBJECT PROPERTY i EASEMENT "D° A�EMEN 25' DRIVE _ I° EASEMENT EASEMENT ILf�Cf I _ ` 3-815 301-3 &_ lo� 0 I o- J O W m 'a W N.T.S. U MAW B 6466.. tit City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: February 17, 2004 AGENDA MEMO DATE: February 10, 2004 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Fairfield Phase I Subdivision. RECOMMENDATION Administration recommends approval of the following: • Westfield Avenue from North Major Drive approximately 786 feet east to the 3- OM-4P end of roadway markers. • Grayson Lane from proposed Westfield Avenue approximately 715 feet north to and including the cul-de-sac and approximately 707 feet south to and including the cul-de-sac. Also, recommended for approval are the water and sanitary improvements for Lots 1 -22, Block 1 and Lots 1 - 22, Block 2. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on February 5, 2004. BUDGETARYIMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. EngAgendaFairfieldP 1 sk.wpd February 10, 2004 1 ` II P MALL SUPER �- Y I pI WAL)AART POND A' K!?OGER LOWS 3 FOLSOM v 006 OEIEMIOIN C �] PONC 'A Ct .._ ._..J IMF (f.- filPf RLD r 0 'PHflSf'i FAIRFIELD, PHASE I SUBDIVISION