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
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FOLSOM.
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(DOWLEN AND FOLSOM
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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
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