HomeMy WebLinkAboutPACKET MARCH 23 2004 V~
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City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 23,2004 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 5-10/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a request for a zone change from RS (Residential Single
Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling)
District at 7565 Eastex Freeway
2. Consider approving a request for a specific use permit to allow an electrical
contractor business in a GC-MD (General Commercial-Multiple Family Dwelling)
District at 5755 Fannett Road
3. Consider approving a request to revoke a specific use permit to allow a drinking
place in a GC-MD (General Commercial-Multiple Family Dwelling) District at
4345 Eastex Freeway
4. Consider approving a request for a specific use permit to allow a scrapbook
business in an RCR(Residential Conservation and Revitalization) District at 2515
Broadway
5. Consider approving an amendment to Chapter 26, of the Code of Ordinances of
the City of Beaumont, by adding a new Section 26-11 regulating the operation of
motor-assisted scooters on the streets and rights-of-way of the City of Beaumont
6. Consider approving a bid for the purchase of one (1) manned dredge and pumper
for use by the Water Utilities Division
7. Consider authorizing the City Manager to submit a grant application and execute a
contract with the Federal Transit Administration(FTA) to receive Operating
Assistance funds for the Beaumont Municipal Transit System
8. Consider approving a six(6) month contract for the purchase of asphaltic concrete
9. Consider authorizing the City Manager to execute a lease agreement with the
Southeast Texas Arts Council(SETAC) for office space in the Julie Rogers
Theatre
10. Consider amending Ordinance No. 03-082 relating to the structure located at 2599
South
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Jeffco Plumbing Co., Inc. v City of Beaumont and City of Beaumont d/b/a
Tyrrell Park Stables
Claim of Douglas Manning, individually and as parent of Brittany Manning,
a minor
Claim of Donna Manning
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.
I
March 23, 2004
Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to
GC-MD (General Commercial-Multiple Family Dwelling) District at 7565 Eastex Freeway
City of Beaumont
c
�Z c Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Council consider a request for a zone change from RS (Residential
Single Family Dwelling)to GC-MD (General Commercial-Multiple
Family Dwelling) District at 7565 Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of the request for a zone change from RS (Residential
Single Family Dwelling) to GC-MD (General Commercial-Multiple Family Dwelling) District at
7565 Eastex Freeway.
BACKGROUND
Ron Davis, the property owner, is requesting a zone change from RS (Residential Single Family
Dwelling)District to GC-MD(General Commercial-Multiple Family Dwelling)District. Mr.Davis
states that he is proposing to move his land surveying equipment business to this location.
The Development Strategies Diagram designates this area as an"Activity Corridor". An activity
corridor may include highway commercial and open display retailing, wholesale distributing and
warehousing operations, restricted light industry, business offices, hotels and motels and higher
density residential development. The proposed zoning category falls within the definition of an
activity corridor.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held March 15, 2004, the Planning Commission voted 7:0 to approve a
request for a zone change from RS (Residential Single Family Dwelling) to GC-MD (General
Commercial-Multiple Family Dwelling)District at 7565 Eastex Freeway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
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FILE 1707-Z: Request for a zone change from RS(Residential Single Family NORTH
Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District. -
Location: 7565 Eastea Freeway .•
Applicant: Ron Davis SCALE
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ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF
THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND
IN PARTICULAR THE BOUNDARIES OF THE ZONING
DISTRICTS, AS INDICATED UPON THE ZONING MAP OF
BEAUMONT, TEXAS, BY CHANGING THE ZONING OF
PROPERTY PRESENTLY ZONED RS (RESIDENTIAL
SINGLE FAMILY DWELLING) TO GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
FOR PROPERTY LOCATED AT 7565 EASTEX FREEWAY,
BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular
the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of
Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the
zoning of property presently zoned as RS (Residential Single Family Dwelling) to GC-MD
(General Commercial-Multiple Family Dwelling)District for property located at 7565 Eastex
Freeway, as described on Exhibits "A" and "B," and the official zoning map of the City of
Beaumont is hereby amended to reflect such changes.
Section 2.
That, in all other respects, the use of the property herein above described shall be
subject to all of the applicable regulations contained in Chapter 30 of the Code of
Ordinances of Beaumont, Texas, as amended.
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 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 all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 5.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
- Mayor Evelyn M. Lord -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
That certain 9.38 acre tract out of the W. B. Dyches Survey,Abstract 17,Jefferson County,
Texas,and being the remainder of those called 20.30, 1.5529 and 1.429 acre tracts conveyed
to Texas Commerce Bank-Beaumont, N.A., Trustee for John H. Walker as recorded in
Clerks File No.9526079 ofthe Official Public Records ofReal Property of Jefferson County,
Texas, and a called 0.67 acre tract conveyed to Ronald R. Davis and Belinda S. Davis as
recorded in Clerks File No. 2002030650 of the Official Public Records of Real Property of
Jefferson County, Texas, said 9.38 acres being more particularly described by metes and
bounds as follows:
Note:The Basis of Bearings is along the southeast line of a called 5.000 acre tract conveyed
to the Lower Neches Valley Authority as recorded in Clerks File No. 2001029734 of the
Official Public Records of Real Property of Jefferson County, Texas having been called
North 39° 47' 57"East 722.79 feet.
BEGINNING at a 5/8"iron rod found in the southwest right-of-way line of U. S. Highway
69,96 and 287(aka Eastex Freeway)for the north corner of a called 6.00 acre tract conveyed
to Gospel Center Church as recorded in Film Code No. 103-52-2247 of the Real Property
Records of Jefferson County,Texas and the east corner of the said 9.38 acre tract from which
the east corner of the said 6.00 acre tract bears South 46° 04' 59"East 652.89 feet (called
South 46° 31' 30"East 652.79 feet and on TxDot Highway Plat South 46° 15' 00"East);
THENCE South 430 55' 32"West along the northwest line of the said 6.00 acre tract and the
southeast line of the said 9.38 acre tract a distance of 580.50 feet(called South 430 28' 30"
West 580.89 feet)to a 5/8"iron rod found in the north line of Lot 15, Block 1 of Rosewood
Addition, a plat recorded in Volume 9, Page 166 of the Map Records of Jefferson County,
Texas for the southeast corner of the said 9.38 acre tract;
THENCE North 89° 31' 58" West along the said north line of said Lot 15, Block 1 of
Rosewood Addition a distance of 17.93 feet(called North 89°37'00"West)to a 1"iron pipe
found for the east corner of Lot 14, Block 1 of Northgate Addition, a plat recorded in
Volume 9,Page 164 of the Map Records of Jefferson County,Texas for the southwest corner
of the said 9.38 acre tract;
THENCE North 46°31' 25"West along the said northeast line of said Block 1 of Northgate
Addition a distance of 594.95 feet(called North 46° 53' 30"West)to a 5/8"iron rod found
for the south comer of the said LNVA 5.000 acre tract and the west corner of the said 9.38
acre tract;
THENCE North 39°47' 57"East along the southeast line of the said LNVA 5.000 acre tract
and the northwest line of the said 9.38 acre tract a distance of 722.58 feet(called North 39°
47' 57"East 722.79 feet) to a ''/z" capped iron rod set in the southwest right-of-way line of
U.S. Highway 69, 96 and 287 (aka Eastex Freeway) for the east corner of the said LNVA
5.000 acre tract and the north corner of the said 9.38 acre tract from which a 2" iron pipe
EXHIBIT "A"
LEGAL DESCRIPTION continued
found for the north comer of the said LNVA 5.000 acre tract bears North 33°40' 13"West
280.00 feet(called North 33°43' 06"West 280.00 feet);
THENCE S outh 3 3° 4 0' 31" East a long t he s aid s outhwest r ight-of-way 1 ine o f U. S.
Highway 69, 96 and 287 (aka Eastex Freeway) and the northeast line of the said 9.38 acre
tract a distance
of 575.47 feet(called South 33°46' 00"East on TxDot Highway Plat)to a TxDot concrete
monument found for an angle point of the said 9.38 acre tract;
THENCE South 460 17' 07"East continuing along the said southwest right-of-way line of
U. S. Highway 69, 96 and 287 (aka Eastex Freeway) a distance of 97.90 feet (called South
46° 15' 00"East on TxDot Highway Plat)to the POINT OF BEGINNING and containing
9.38 acres of land,more or less.
For zoning purposes, save and except, a 25-foot wide strip along the southwest line of the
said 9.38 acre tract being along the northeast line of said Northgate Addition resulting in a
net area of 9.03 acres.
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FLE 1707-Z: Request for a zone change from RS(Residential Single Family NORTH
Dwelling)to GC-MD(General Commercial-Multiple Family Dwelling)District. -
Location: 7555 Eastez Freeway ..
Applicant: Ron Davis SCALE
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March 23,2004
Consider approving a request for a specific use permit to allow an electrical contractor business in
a GC-MD (General Commercial-Multiple Family Dwelling) District at 5755 Fannett Road
City of Beaumont
Ll • Council Agenda Item
� W,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Council consider a request for a specific use permit to allow an
electrical contractor business in a GC-MD (General Commercial-
Multiple Family Dwelling)District at 5755 Fannett Road.
RECOMMENDATION
The Administration recommends approval of the request for a specific use permit to allow an
electrical contractor business in a GC-MD(General Commercial-Multiple Family Dwelling)District
at 5755 Fannett Road.
BACKGROUND
Jim Thurmon, the property owner and owner of JBT Electric, is wishing to operate his electrical
contractor's business at 5755 Fannett Road. Mr. Thurmon states that the property will be used for
the office/warehouse facility for JBT Electric. The subject property was previously used as a
wrecker service.
Improvements to the property have included facade work to the existing building and a 6'tall wood
screening fence along the front 150' of the north property line and between the building and the
north and south property lines.
The previous use had privacy slats in the chain link fence along the front property line. Mr.
Thurmon removed the slats and now has an open chain link fence.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the
request for a specific use permit to allow an electrical contractor business in a GC-MD (General
Commercial-Multiple Family Dwelling) District at 5755 Fannett Road.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
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FILE 1706-P: A request for a specific use permit to allow an electrical contractor NORTH
�j business in a GC-MD(General CommenW-Multiple Family Dwelling)District. A
Location: 5755 Fannett Rd.
Applicant: Jim Thurmon SCALE
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW AN ELECTRICAL CONTRACTOR
BUSINESS IN A GC-MD (GENERAL COMMERCIAL-
MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT
5755 FANNETT ROAD IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Jim Thurmon to allow an electrical contractor business in a GC-MD (General
Commercial-Multiple Family Dwelling) District located at 5755 Fannett Road, being Lot 4,
Unit B, Tyrrell Park Addition, City of Beaumont, Jefferson County,Texas, containing 2.431
acres, more or less, as shown on Exhibit "A" attached hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow an electrical contractor business in a GC-MD
(General Commercial-Multiple Family Dwelling) District located at 5755 Fannett Road,
being Lot 4, Unit B, Tyrrell Park Addition, City of Beaumont, Jefferson County, Texas,
containing 2.431 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby
granted to Jim Thurmon, his legal representatives, successors and assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit "B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
- Mayor Evelyn M. Lord -
` �_
FILE 1706-P: A request for s tic use permit to allow an electrical contractor NORTH
C.j business in a GC-MD (General Commercial-Multiple Family Dwelling)District. -
Location: 5755 Fannett Rd.
Applicant V-20
Jim Thurmon SCALE
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March 23, 2004
Consider approving a request to revoke a specific use permit to allow a drinking place in a GC-
MD (General Commercial-Multiple Family Dwelling) District at 4345 Eastex Freeway
City of Beaumont
�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Council consider a request to revoke a specific use permit to allow a
drinking place in a GC-MD (General Commercial-Multiple Family
Dwelling) District at 4345 Eastex Freeway.
RECOMMENDATION
The Administration recommends approval of the revocation of a specific use permit to allow a
drinking place in a GC-MD(General Commercial-Multiple Family Dwelling)District at 4345 Eastex
Freeway.
BACKGROUND
In March, 2002, the City Council approved a specific use permit to Mr. Jerry Jones for a drinking
place at 4345 Eastex Freeway. The specific use permit was approved subject to a maximum
occupancy of 244 persons.
The property is zoned GC-MD(General Commercial-Multiple Family Dwelling)District. As such,
no adult entertainment uses are permitted. At the public hearing on February 20, 2002, it was
understood that there would not be any adult entertainment.
On February 17, 2004, Mr. Jones was arrested in an undercover police investigation for operating
a sexually oriented business without a license. According to the Beaumont Police Department,
persons were found on the premises involved in active prostitution and nudity. There were
numerous other illegal activities discovered as well.
Sec. 3 0-26 (h) o f t he Z oning O rdinance s tates that"a s pecific u se p ermit in ay b e r evoked o r
modified, after notice and hearing, for either of the following reasons:
1) The specific use permit was obtained by fraud or deception; or
2) That one or more of the conditions imposed by the specific use permit has not been
met or has been violated."
The Planning Manager recommends revocation of the specific use permit based upon the fact
that sexually oriented businesses are not permitted in a GC-MD District. The nightclub is
in violation of Section 30-33 (b)2 of the Zoning Ordinance which states that"eating places
(SIC 5812) and drinking places (SIC 5813) that have adult entertainment and video tape
rental (SIC 7841) that rents adult video tapes shall not be allowed in the RCR, NC, NSC,
GC-MD, GC-MD-2 and GC-MD-3 districts.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the
revocation of a specific use permit to allow a drinking place in a GC-MD (General Commercial-
Multiple Family Dwelling)District at 4345 Eastex Freeway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager, Public Works Director and the Planning Manager.
ORDINANCE NO.
ENTITLED AN ORDINANCE REPEALING ORDINANCE NO.
02-014; REVOKING A SPECIFIC USE PERMIT TO ALLOW
A DRINKING PLACE IN A GC-MD (GENERAL
COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT
LOCATED AT 4345 EASTEX FREEWAY IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, on March 15, 2004, a public hearing properly noticed and held was
conducted to address the revocation of the Specific Use Permit issued March 5, 2002. The
permit was issued to Jerry Jones to allow a drinking place, subject to limiting the
occupancy to 244 persons, in a GC-MD (General Commercial-Multiple Family Dwelling)
District located at 4345 Eastex Freeway, being Plat D22, Tract 53, F. Bigner Survey, City
of Beaumont, Jefferson County,Texas, containing 0.996 acres, more or less, as shown on
Exhibit "A" attached hereto; and,
WHEREAS,the permit issued March 5,2002 was issued subject to compliance with
certain conditions set out in Ordinance 02-014; and,
WHEREAS, the City Council for the City of Beaumont finds and determines that a
condition of the Specific Use Permit has been violated; and
WHEREAS,the City Council finds and determines thatthe revocation of the Specific
Use Permit will serve to protect and preserve the health, safety, welfare, and morals of the
community and is in the best interest of the City of Beaumont; and,
WHEREAS,the City Council for the City of Beaumont desires to revoke the Specific
Use Permit issued to Jerry Jones to operate a drinking place at 4345 Eastex Freeway in
Beaumont, Jefferson County, Texas;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
That after having found that conditions of Ordinance No. 02-014 were violated by Jerry
Jones, the specific use permit issued March 5, 2002, to allow a drinking place in a GC-MD
(General Commercial-Multiple Family Dwelling) District located at 4345 Eastex Freeway,
being Plat D22, Tract 53, F. Bigner Survey, City of Beaumont, Jefferson County, Texas,
containing 0.996 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby
revoked and Ordinance No. 02-014 is hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
Mayor Evelyn M. Lord -
FILE 1602-P: Request for a specific use permit to allow a drinking place in the GC- NORTH f
MD(General Commercial-Multiple Family Dwelling) district.
Location: 4345 Easter Freeway
Applicant: Jerry Jones SCALE
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4
March 23,2004
Consider approving a request for a specific use permit to allow a scrapbook business in an RCR
(Residential Conservation and Revitalization) District at 2515 Broadway
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Stephen C. Richardson, Planning Manager
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Council consider a request for a specific use permit to allow a
scrapbook business in an RCR (Residential Conservation and
Revitalization)District at 2515 Broadway.
RECOMMENDATION
The Administration recommends approval of the request for a specific use permit to allow a
scrapbook business in an RCR (Residential Conservation and Revitalization) District at 2515
Broadway.
BACKGROUND
Carolyn McCullough,the property owner,wishes to offer the use of a crop room(a room with large
tables and chairs)to individuals wishing to learn how to put together scrapbooks. The property is
located at 2515 Broadway.
Ms.McCullough has operated a massage therapy business at this address for the last 18 years. She
states that no exterior or interior renovations will be required. Her plans call for one-half of the
building being used for the scrapbook business,one-quarter for the massage business and one-quarter
for storage. Hours will typically be Monday- Friday, 9 a.m. to 5 p.m.
Ms.McCullough states that she averages two massages per day and expects to have four scrapbook
customers per day,not at the same time.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
At a Joint Public Hearing held March 15,2004,the Planning Commission voted 7:0 to approve the
request for a specific use permit to allow a scrapbook business in an RCR(Residential Conservation
and Revitalization) District at 2515 Broadway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
Planning Commission, City Manager,Public Works Director and the Planning Manager.
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FILE 1705-P: A request for a specific use permit to allow a scrapbook business in an NORTH
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RCR(Residential Conservation Revitalization) District. j
Location: 2515 Broadway
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Applicant: Carolyn McCullough SCALE
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ORDINANCE NO.
ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE
PERMIT TO ALLOW A SCRAPBOOK BUSINESS IN AN RCR
(RESIDENTIAL CONSERVATION AND REVITALIZATION)
DISTRICT LOCATED AT 2515 BROADWAY IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
WHEREAS, the City Council for the City of Beaumont desires to issue a specific
use permit to Carolyn McCullough to allow a scrapbook business in an RCR (Residential
Conservation and Revitalization) District located at 2515 Broadway, being the west 40' of
Lot 3 and the east 20' of Lot 4, Block 46, Averill Addition, City of Beaumont, Jefferson
County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached
hereto; and,
WHEREAS, the City Council is of the opinion that the issuance of such specific use
permit is in the best interest of the City of Beaumont and its citizens;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That a specific use permit to allow a scrapbook business in an RCR (Residential
Conservation and Revitalization) District located at 2515 Broadway, being the west 40' of
Lot 3 and the east 20' of Lot 4, Block 46, Averill Addition, City of Beaumont, Jefferson
County, Texas, containing 0.206 acres, more or less, as shown on Exhibit "A" attached
hereto, is hereby granted to Carolyn McCullough, her legal representatives, successors
and assigns.
Section 2.
That the specific use permit herein granted is expressly issued for and in
accordance with each particular and detail of the site plan attached hereto as Exhibit"B"
and made a part hereof for all purposes.
Section 3.
Notwithstanding the site plan attached hereto, the use of the property herein above
described shall be in all other respects subject to all of the applicable regulations contained
in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
- Mayor Evelyn M. Lord -
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RCR(Residential Conservation Revitalization) District i r
Location: 2515 Broadway
tt Applicant: Carolyn McCullough SCALE
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5
March 23, 2004
Consider approving an amendment to Chapter 26, of the Code of Ordinances of the City of
Beaumont, by adding a new Section 26-11 regulating the operation of motor-assisted scooters on
the streets and rights-of-way of the City of Beaumont
Cit y of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED: A Tom Scofield, Chief of Police
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 18, 2004
REQUESTED ACTION: Consider an Amendment to Chapter 26, of the Code of
Ordinances of the City of Beaumont by adding a new
Section 26-11 regulating the operation of motor-assisted
scooters on the streets and rights-of-way of the City of
Beaumont;providing for severability; providing for repeal;
and providing a penalty
RECOMMENDATION
Council consideration of an amendment to Chapter 26, of the Code of Ordinances of the City of
Beaumont by adding a new Section 26-11 regulating the operation of motor-assisted scooters on
the streets and rights-of-way of the City of Beaumont.
BACKGROUND
The Texas Legislature has authorized municipalities to either prohibit or regulate the operation of
motor-assisted scooters. The City of Beaumont has recently had an influx in the number of small
motorized scooters on its streets and there is a safety concern when these motor-assisted scooters
are operated on streets within the City. The Beaumont Police Department recommends that the
City Council adopt an ordinance that would place restrictions and prohibitions on locations and
use of motor-assisted scooters on the streets and rights-of-way of the City.
The restrictions and prohibitions recommended are as follows:
1) It is unlawful to operate or ride a motor-assisted scooter on any street, access road
or highway any part of which has a speed limit greater than thirty(30)miles per
hour.
2) It is unlawful for a parent to allow or permit a child to operate or ride a motor-
assisted scooter on any path, trail, street, alley or public way within the City.
3) It is presumed that a parent allowed a child to operate or ride a motor-assisted
scooter in a prohibited area.
4) A person may not operate a motor-assisted scooter after dark within the City.
5) It is unlawful to operate a motor-assisted scooter with a passenger on the scooter.
We also recommend helmets be required for all those under the age of 16 while operating or
riding a motor-assisted scooter and unlawful for parents to allow or permit a child to operate or
ride a motor-assisted scooter unless the child is wearing a helmet. It will be presumed that a
parent allowed a child to operate or ride a motor-assisted scooter without wearing a helmet.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Chief of Police.
RECOMMENDED MOTION
Accept/Deny the Amendment to Chapter 26, of the Code of Ordinances of the City of Beaumont
by adding a new Section 26-11 regulating the operation of motor-assisted scooters on the streets
and rights-of-way of the City of Beaumont.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, OF
THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT
BY ADDING A NEW SECTION 26-11 REGULATING THE
OPERATION OF MOTOR-ASSISTED SCOOTERS ON THE
STREETS AND RIGHTS-OF-WAY OF THE CITY OF
BEAUMONT; PROVIDING FORSEVERABILITY; PROVIDING
FOR REPEAL; AND PROVIDING A PENALTY.
WHEREAS, the Texas legislature has authorized municipalities to either prohibit or
regulate the operation of motor-assisted scooters and; and,
WHEREAS, the City Council of the City of Beaumont("City")has determined that the
regulation of the use and operation of motor-assisted scooters on the streets, highways,
alleys, paths and trails is necessary in the interest of safety; and,
WHEREAS, Texas law provisions which are applicable to bicycle riders apply to the
use and operation of motor-assisted scooters; and,
WHEREAS, the City Council has investigated and determined that it would be
advantageous, beneficial and in the best interest to the health, safety and welfare of the
citizens of the City of Beaumont to prevent potential traffic hazards and safety hazards
resulting from the use of motor-assisted scooters.
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 26 of the Code of Ordinances of the City of Beaumont be and the same is
hereby amended to add a new 26-11(a) through (d) inclusive to read as follows:
Sec. 26-11(a). Definitions.
1. Child means any individual less than sixteen (16) years of age.
2. Motor-Assisted Scooter shall have the same meaning assigned by the
Texas Transportation Code Section 551.30-1(2) as it exists or may be
amended, and includes a self-propelled device with at least (2) wheels
in contact with the ground during operation; a braking system capable
of stopping the device under typical operating conditions; a gas or
electric motor forty (40) cubic centimeters or less; a deck designed to
allow a person to stand or sit while operating the device; and the ability
to be propelled by human power alone.
3. Parent means the natural or adoptive parent, court-appointed guardian
or conservator of the child.
4. Public Way means real property owned, leased, or controlled by a
political subdivision of the State of Texas, a governmental entity or
agency, or similar entity, and dedicated to public use and is also a path,
trail, sidewalk, alley, street or highway.
5. Helmet means properly fitted protected headgear that is not structurally
damaged and that conforms to the standards of the American National
Standards Institute, the American Society of Testing and Materials, or
any applicable at the time of manufacture of the helmet.
6. Wearing a helmet means that the person has a helmet fastened
securely to his/her head with the straps on the helmet securely tightened
in the manner intended by the manufacturer to provide maximum
protection.
7. After dark means a time thirty (30) minutes or more before sunrise or
thirty (30) minutes or more after sunset.
Sec. 26-11(b). Restrictions and Prohibitions on Locations and Use.
1. It is unlawful to operate or ride a motor-assisted scooter on any street,
access road or highway any part of which has a speed limit greater than
thirty (30) miles per hour.
2. It is unlawful for a parent to allow or permit a child to operate or ride a
motor-assisted scooter on any path, trail, street, alley or public way
within the City.
3. It is presumed that a parent allowed a child to operate or ride a motor-
assisted scooter in a prohibited area.
4. A person may not operate a motor-assisted scooter after dark within the
City.
5. It is unlawful to operate a motor-assisted scooter with a passenger on
the scooter.
Sec. 26-11(c). Helmet Required
1. It is unlawful for any child to operate or ride a motor-assisted scooter
unless the child is wearing a helmet.
2. It is unlawful for a parent to allow or permit a child to operate or ride a
motor-assisted scooter unless the child is wearing a helmet.
3. It is presumed that a parent allowed a child to operate or ride a motor-
assisted scooter without wearing a helmet.
Sec. 26-11(d). Exemption
The regulations and limitations placed on the motor-assisted scooter and
neighborhood electrical devices in this ordinance do not apply to those operators of certain
mobility devices as outlined in the Texas Transportation Code 542.009"Operators of certain
mobility devices."
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
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 23rd day of
March, 2004.
- Mayor Evelyn M. Lord -
6
March 23, 2004
Consider approving a bid for the purchase of one (1) manned dredge and pumper for use by the
Water Utilities Division
City of Beaumont
•� Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 17, 2004
REQUESTED ACTION: Council approval to award a bid for the purchase of one(1)
manned lagoon dredge and pumper for use by the Water Utilities
Division.
RECOMMENDATION
Administration recommends award of a bid for the purchase of one(1) manned lagoon dredge and
pumper in the amount of$125,218 to Liquid Waste Technology, LLC.
BACKGROUND
The dredge will be utilized to remove accumulated sludge from the existing aeration ponds at the
Water Reclamation Plant. The dredge is a floating dual pontoon unit with auger and knife blades for
breaking sludge, and a pump and discharge hose to remove it from the water. The two (2) 15 acre
aeration ponds serve to filter solids out of wastewater before passing the water to the constructed
wetlands. The ponds have a depth often(10)feet,with the ponds currently holding estimated sludge
levels of nine (9) and five (5) feet, respectively. This limits the effectiveness of the ponds, and
compromises the plant's ability to stay within its permitted limits on the discharged water quality.
The City entered into a 30 day pilot program with Brystar Contracting,Inc. in February, 2003, with
the contractor utilizing a dredge to remove sludge from a pond at a cost of approximately$24,000.
This allowed Water Utilities personnel to determine the feasibility of removing the sludge in that
manner,while remaining within the Plant's discharge limits. The rate of sludge removed in the pilot
program yielded an estimated completion time of at least two(2)years for cleaning both ponds. This
fact rendered utilization of a private contractor to be cost prohibitive, as the purchase of the dredge
will allow City personnel to complete the sludge removal at a significantly lower cost. Beyond the
completion of the pond cleaning, Water Utilities personnel will be able to internally control sludge
accumulation in the transfer canal between the ponds and the wetlands, and also in the lagoon at the
Water Production Plant on an ongoing basis.
Purchase of One(1)Dredge
March 17, 2004
Page 2
Bid notices were provided to three(3)vendors, with each responding with bids. The bids received
are as follow:
Vendor Model Bid Delivery Base Bid Total Amount Bid,
Time including desired options
Liquid Waste Technology,LLC LWT Pit Hog 90-120 days $98,990.00 $125,218.00
Somerset,Wisconsin MLPD724
SRS Crisafulli,Inc. Rotomite 6000 45-60 days $136,130.00 $168,070.00
Glendive,Montana
Gulf Atlantic Pump&Dredge Mudloader 60 days $179,164.85 $191,151.44
Live Oak,Florida 3208
Bidders were requested to provide a base bid price,and alternate pricing for several options including
a flow meter, assorted cable,a grip hoist,the manufacturer's suggested spare parts package and 700
feet of 8 inch discharge hose.
The dredge unit carries warranties of one(1)year on the dredge, and two (2)years on the engine.
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director and Public Works Director.
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7
March 23, 2004
Consider authorizing the City Manager to submit a grant application and execute a contract with
the Federal Transit Administration(FTA) to receive Operating Assistance funds for the Beaumont
Municipal Transit System
UV~ City of Beaumont
...P..
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Mark Horelica, Transportation Manager
MEETING DATE: March 23,2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Council consider a resolution authorizing the City Manager to
submit a grant application and execute a contract with the Federal
Transit Administration(FTA)to receive Operating Assistance funds
for the Beaumont Municipal Transit System.
RECOMMENDATION
Administration recommends approval of a resolution authorizing the City Manager to submit a
grant application and execute a contract with the FTA to receive Operating Assistance funds for
the Beaumont Municipal Transit System.
BACKGROUND
Beaumont Municipal Transit has prepared a grant application for Fiscal Year 2004 FTA funds.
The grant will help fund the labor, fringe benefits,parts and supplies,purchased services,utilities,
insurance, taxes and licenses, and all other miscellaneous expenses needed for the operation and
maintenance of the Beaumont Municipal Transit (BMT) System in Fiscal Year 2004, the period
from October 1, 2003 through September 30, 2004.
BUDGETARYIMPACT
The grant will pay up to 50% of the net operating deficit.
OPERATING PROJECT BUDGET
FTA Grant Share $ 1, 407,016
City Share 1, 095,848
State Share 426,348
Charter 6,200
Advertising Revenue 9,600
Farebox Revenue 654,988
Total $ 3,600,000
PREVIOUS ACTION
None
SUBSEQUENT ACTION
None
RECOMMENDED BY
City Manager, Public Works Director, City Engineer and Transportation Manager
FTAGmt04.wpd
03-17-04
8
March 23, 2004
Consider approving a six(6) month contract for the purchase of asphaltic concrete
.began Cat of Beaumont
y
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 12, 2004
REQUESTED ACTION: Council approval of a six (6) month contract for the purchase of
asphaltic concrete.
RECOMMENDATION
Administration recommends award of a six (6) month contract to APAC-Texas, Inc. for
purchasing asphaltic concrete at the unit costs stated below with an estimated total contract
expenditure of$97,000.
BACKGROUND
Bids were requested for a six (6) month contract for asphaltic concrete for use by the Public
Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for
repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs
to larger street sections. It is estimated that approximately 3,000 tons of asphaltic concrete will
be used during the term of the contract.
Five (5) vendors were notified with one (1) responding with a bid as reflected below.
Specifications requested pricing for both plant pickup by City personnel and jobsite delivery by
the vendor. The bidder met all product requirements specified.
The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit
prices: $31.50 per ton for hot laid concrete-plant pickup, $34.80 per ton for jobsite delivery; and
$34 per ton for cold laid concrete - plant pickup, $37 per ton for jobsite delivery. The total
estimated expenditure is $97,000 for the six (6) month period.
The prior contract period prices were as follow: $31 per ton for hot laid concrete -plant pickup,
$34.30 per ton for jobsite delivery; and $32 per ton for cold laid concrete-plant pickup, $35 per
ton for jobsite delivery.
Six(6)Month Contract for Asphaltic Concrete
March 12, 2004
Page 2
BUDGETARY IMPACT
Funds are available for this expenditure in the Public Works Department's operating budget.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECONEVIENDED BY
City Manager, Central Services Director, and Public Works Director.
9
March 23, 2004
Consider authorizing the City Manager to execute a lease agreement with the Southeast Texas
Arts Council(SETAC) for office space in the Julie Rogers Theatre
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Cl of Beaumont
M in
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 17, 2004
REQUESTED ACTION: Council authorize the City Manager to execute a lease agreement with
the Southeast Texas Arts Council (SETAC) for office space in the
Julie Rogers Theatre.
RECOMMENDATION
Administration recommends authorizing the City Manager to execute a two(2)year lease agreement
with SETAC,in the amount of$300 per month,for office space located in the Julie Rogers Theatre.
BACKGROUND
During the FY 2002 budget sessions, SETAC accepted a proposal from the City to relocate their
offices to the Julie Rogers Theatre. Use of approximately 1,100 square feet of office space located
on the Theatre's second floor was offered to offset reductions in the organization's operating
allocation from the City. At that time, the space was surplus and not occupied.
There has been a letter of agreement with SETAC since November 2002 to occupy the office space
at no charge. Due to recent inquiries from other organizations concerning the availability of surplus
office space,and in order to cover the City's cost of providing the office space,it was determined that
a formal agreement should be executed and a nominal rental fee charged.
The attached agreement provides for a term of two(2)years. During the term, SETAC will pay a
rental fee of$300 per month. They also agree to provide general liability insurance coverage in the
amount of$1M for the leased premises. All utilities will be paid by the City. However, SETAC will
pay for custodial services within the designated office space and for their own telephone service.
Either party may terminate the agreement for any reason with ninety(90)days prior written notice.
Southeast Texas Arts Council-Lease Agreement
March 23, 2004
Page 2
BUDGETARY 11"ACT
Monthly rental payments of$300, or$3,600 annually, will begin May 1, 2004.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Central Services Director.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
JULIE ROGERS THEATRE OFFICE SPACE LEASE AGREEMENT
THIS AGREEMENT,entered into by and between the City of Beaumont,Texas, a home-rule city
acting by and through its duly authorized City Manager, herein referred to as "LESSOR" and
Southeast Texas Arts Council, acting by and through its duly authorized Executive Director,herein
referred to as"LESSEE."
WITNESSETH,that LESSOR does by these presents lease and demise unto LESSEE the property
described as Julie Rogers Theatre Office Space consisting ofapproximately 1,100 square feet of area,
as shown in Exhibit "A" which is made a part hereof for all purposes, and herein referred to as
"Premises" and,
THEREFORE, both the LESSOR and LESSEE agree as follows:
Article 1
TERM OF AGREEMENT
1.1 The primary term of this Agreement shall be two (2)years, commencing on the V day of
May, 2004 and shall terminate on the 30th day of April, 2006, if not sooner terminated as
herein provided.
1.2 NLESSEE maintains possession of the Premises for any period after the termination of this
Agreement ("Holdover Period"), LESSEE shall pay to LESSOR a lease payment for the
Holdover Period based on the terms stated in Article 2 of this Agreement. Such holdover
shall constitute a month-to-month extension of this Agreement.
Article 2
RENTAL,FEES AND PAYMENT
2.1 During the primary term of this Agreement,LESSEE shall make monthly rental payments to
City in the amount of Three Hundred Dollars ($300) as consideration of its interest in the
lease. Said payments shall commence upon the execution of this lease Agreement.
-1-
2.2 Rental payments shall be made by LESSEE on or before the fifteenth (15*) day of each
month. Rental fees shall be payable in advance. Failure of LESSEE to make prompt and
timely rental payments may be cause for denied uses of the Premises and/or contract
termination.
2.3 LESSEE shall pay monthly rental payments to LESSOR in person at 841 Main Street, Suite
110,Beaumont, Texas, or by mail at P. O.Box 3827,Beaumont, Texas, 77704, Attn: Cash
Management Division, or other such place as LESSOR may from time to time instruct
LESSEE in writing.
Article 3
OBJECTIVES AND PURPOSE OF AGREEMENT
3.1 Premises may be used by LESSEE as exclusive office space for LESSEE.
3.2 Any other use of Premises must be approved by the City Manager or his designee in writing.
3.3 LESSEE has inspected the Premises and assumes the use ofthe Premises in "as is"condition.
LESSOR makes no warrantees or claims concerning the usefulness nor condition of the
Premises.
3.4 LESSEE is an independent contractor,not an employee or agent of LESSOR and all persons
employed by LESSEE shall be its employees and shall not be employees of LESSOR.
LESSEE shall employ only qualified competent persons.
Article 4
PREMISES USE and OBLIGATIONS OF LESSEE
4.1 LESSEE may use the Premises located on the second floor of the Julie Rogers Theatre
building only, including corridors necessary to accommodate patrons and rest room
conveniences customarily open to the general public. Access to the Premises shall be
provided through the entrance located on the building's north side only. Outside doors must
remain locked at all times unless manned by security personnel.
4.2 If LESSEE wishes to install an intercom system at the north door entry location,installation
costs and maintenance ofthe system must be provided by LESSEE. Approval ofthe system
by the LESSOR is required prior to its installation. LESSEE will maintain the system.
4.3 LESSEE members, employees and guests will not have access to the office space during
nighttime and weekend ticketed performances or private events in the Julie Rogers Theatre
without meeting LESSOR's admission requirements. LESSEE also recognizes that the office
space may be subjected to loud noises and unusual activities during rehearsals and/or
performances.
-2-
4.4 LESSOR is not responsible for providing Premises parking spaces for LESSEE or its guests.
Parking is restricted to designated parking areas only. No parking is permitted in Julie Rogers
Theatre driveways.
4.5 No alterations or improvements may be made by LESSEE to Premises or building without
the written approval of the LESSOR's City Manager or his designee. LESSOR may make
improvements or alterations to Premises from time to time, but is under no obligation to do
so.
4.6 All costs associated with telephone or telecommunication charges,including installation,shall
be the responsibility of LESSEE. Utility costs shall be the responsibility of the LESSOR.
4.7 LESSEE agrees to repair any and all damages caused by the use ofPremises by LESSEE and
such damages shall be repaired to the satisfaction of LESSOR at LESSEE's expense. Extent
of damages shall be determined at the sole discretion ofLESSOR Damages shall be reported
to LESSOR.
4.8 LESSEE shall be responsible for providing custodial services of the Premises. LESSEE shall
be responsible for keeping Premises free of any litter, trash or debris and shall adhere to all
rules and regulations governing its disposal.
4.9 LESSEE may not place signs,improvements,trade fixtures or equipment on Premises without
the written approval of the City Manager of LESSOR or his designee.
4.10 LESSEE agrees to comply with all laws, ordinances, codes and regulations of any
governmental authority having jurisdiction applicable to LESSEE's occupancy or use of
Premises.
4.11 LESSEE assumes all responsibility for any of its goods or materials which may be left or
stored on the Premises.
Article 5
INDEMNITY AND INSURANCE
5.1 LESSEE agrees to indemnify and hold LESSOR harmless against any and all claims,
demands, damages, costs and expenses, including reasonable attorney fees for the
defense thereof, arising from the conduct or management of LESSEE's use of the
Premises or from any breach on the part of LESSEE of any conditions of this
Agreement, or from any act of negligence or allegation of negligence of LESSEE or
LESSOR,their officers,employees,agents,contractors,subtenants,concessionaires,or
licensees in or about the Premises.
-3-
5.2 LESSOR shall not be liable to LESSEE or to LESSEE's employees,patrons,or visitors,for
any damage to person or property due to the Premises or any appurtenances thereof being
improperly constructed, or being or becoming out of repair, nor for any damage from the
defects or want of repair of any part of the Premises which the Premises form a part, but the
LESSEE accepts such Premises as suitable for the purposes for which same are leased and
accepts the Premises and each and every appurtenance thereof and waives defects therein and
agrees to hold the LESSOR harmless from all claims for any such damage.
5.3 During all times this lease is in effect or during any holdover, LESSEE shall obtain and
maintain in full force and effect and at LESSEE's sole expense, insurance coverage written
by companies approved by the State of Texas and acceptable to LESSOR in the following
amounts.
5.3.1 Commercial General Liability Coverage-combined single limit for bodily injury and
property damage of$1,000,000 per occurrence or its equivalent with an aggregate of
at least $2,000,000.
5.3.2 The above required insurance coverage shall name City of Beaumont, Texas as an
additional insured and provide 10 days notice to LESSOR of any cancellation, non-
renewal or material change.
Article 6
TERMINATION
6.1 In the event that LESSOR determines, in its judgement, that any one or more of the
provisions ofthis contract are being breached or violated by LESSEE,it shall notify LESSEE
thereof in writing, therein setting forth such breach or violation and a sufficient time for
correction. In the event LESSEE fails to correct such breach or violation in the time allowed,
such failure shall, at the sole option of LESSOR, serve to terminate this Agreement. Such
termination ofthe agreement by LESSOR shall not deprive it of its lawful rights and pursuits
to recover any and all amounts owing to it by LESSEE up to and including the date of such
termination.
6.2 Upon termination of this Agreement,LESSEE will surrender Premises in the same condition
as when received, except for normal wear and tear. LESSEE will leave Premises in a clean
condition free of all trash, debris, personal property, hazardous materials and environmental
contaminants. LESSOR shall have the right of reentry and may remove all persons and
property from the premises and may store such property at a public warehouse or elsewhere
at the expense of, and for the account of LESSEE. Any and all improvements made by
LESSEE to Premises become the property of LESSOR.
-4-
6.3 This Agreement may be terminated by either party for any reason with ninety(90)days prior
written notice of its intent to terminate.
Article 7
GENERAL PROVISIONS
7.1 The services called for herein shall be performed by LESSEE as an independent contractor,
and LESSOR shall not be liable for the manner of discharge of such services.
7.2 LESSEE shall be an independent contractor, not an employee of the LESSOR, and all
persons employed by LESSEE shall be his employees and shall not be employees of the
LESSOR.
7.3 This Agreement shall not be transferred or assigned to any party,in any manner whatsoever,
by LESSEE without the prior written approval of LESSOR's City Manager or his designee.
7.4 No waiver by either party of a breach by the other shall be construed or held to be a waiver
by such party of any succeeding breach by the other party of the same or any covenant,
condition, or restriction herein contained.
7.5 Where changes to activities or areas included in this Agreement are made,such modifications
must be in writing and signed by both parties.
7.6 If any term or provision of this Agreement shall,to any extent, be invalid or unenforceable,
the remainder of this lease shall not be affected thereby and every other term and provision
of this lease shall be valid and be enforced to the fullest extent permitted by law.
7.7 Any written notice to be given hereunder by either party to the other party shall be effected
by certified mail,return receipt requested. Either party may change the address for notice to
it by giving written notice of such change in accordance with the provisions of this section.
7.7.1 Notice to LESSEE shall be sufficient if made or addressed to:
Executive Director
Southeast Texas Arts Council
P. O. Box 3925
Beaumont, TX 77704
7.7.2 Notice to LESSOR shall be sufficient if made or addressed to:
City Manager
City of Beaumont
P. O. Box 3827
Beaumont, Texas 77704
-5-
7.8 This Agreement constitutes the entire agreement between the parties and no changes,
amendments or modifications hereof shall be valid or recognized unless in writing and signed
by both parties.
7.9 Time is of the essence of this Agreement.
7.10 This Agreement shall be construed under, and in accordance with, the laws of the State of
Texas, and all obligations of the parties created by this Agreement are performable in
Jefferson County, Texas.
7.11 Neither party hereto shall be liable to the other for any failure, delay, nor interruption in the
performance of any of the terms,covenants or conditions of this Lease due to Force Majeure,
which are causes beyond the control of that party including, without limitations, strikes,
boycotts, labor disputes, embargoes, shortage of material, Acts of God, acts of the public
enemy, acts of superior governmental authority,weather conditions,floods, riots,rebellion,
sabotage, or any other circumstances for which such party is not responsible or which is not
in its power of control.
7.12 Should the condition ofForce Majeure render the fulfillment ofthis Agreement by either party
impossible,then the term of this Agreement shall end and LESSEE shall be liable to pay rent
only up to the time of such termination.
7.13 During LESSEE's normal business hours, LESSOR may enter Premises for any reasonable
purpose including but not limited to purposes for repairs, maintenance, alterations, and
inspection. LESSOR may access Premises after LESSEE's normal business hours if entry is
made with LESSEE's permission or is necessary to complete repairs. LESSOR will not
unreasonably interfere with LESSEE's business operations when accessing Premises.
IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed as of the
2004 at Beaumont, Texas.
CM OF BEAUMONT SOUTHEAST TEXAS ARTS COUNCIL
LESSOR: LESSEE:
Kyle Hayes, City Manager Regina Lindsey, Executive Director
-6-
10
March 23, 2004
Consider amending Ordinance No. 03-082 relating to the structure located at 2599 South
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: John Labrie, Clean Community Department Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 16, 2004
REQUESTED ACTION: Consider an ordinance amending Ordinance No. 03-082
relating to the structure located at 2599 South and Garage and
Shed.
RECOMMENDATION
At the request of Councilperson Lulu Smith, Administration recommends that the condemnation order
for the structure located at 2599 South be reconsidered to allow a new property owner to rehabilitate
it.
BACKGROUND
This structure was brought before City Council on October 28, 2003 with staff's recommendation of
a raze or repair order. The property owner was given 120 days to rehabilitate the structure. The
property owner did not comply with Council 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
October 28, 2003.
SUBSEQUENT ACTION
If Council grants a time period for rehabilitation, staff will enroll the new owner in a 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.
SUBSTANDARD BUILDING INSPECTION REPORT
CLEAN COMMUNITY -
CITY OF BEAUMONT
DATE REQUESTED March �, 2004 WARD
ADDRESS OF INSPECTION 2599 South ----_-- -------
ACCOUNT NO. 48400-5700-6 CENSUS TRACT 12
OWNER_ Elizabeth R. LedouX
ADDRESS _2599 South
LEGAL DESCRIPTION APPRAISAL VALUE
Lot or Plat Lot 9. W 1/z Lot 8 Land Value _.........
__
Block or Tract Block 5 Improvement Value �•��T 0
Addition/Survey Oaks Total Value
A. Fifty (50) percent deterioration of non-supporting members? YES X
B. Thirty-three (33) percent deterioration of supporting members? YES X Ni"),
C. Fire damaged? YES NO .__X
D. Enrolled in Work Repair Program? YES
E. Initial Inspection Date June 5.2003,_ .__,
F DELI3YQ[7ENT T.AXESARE.I?IJE.IN "1hE, OUNT C1F6 ?ZLbI PLitS COST t1'I JIJRIGCMEN`TN 1CI I�E)E>
MAJOR CODE VIOLATIONS: This A uctu°c& roof is worn and new shin T't,iere
water damage to the interior due to the apen aind broken out windows All Imulged a JbLtt�mi3 Ks
and window As will need to be replace. 7,'he rear exterior door is missmraigi i l front 1.
The exterior siding is damaged and deteriorated. Try foundation has rotte, 1 sit- Thi nterio r r�rtg.,
ceilings and walls are damaged and will need repairs, The structure is open and accessibl �L wl
activity taking place. The structure is being stripped and vandalized and thyme is graffiti tlh migh—c he
structure. All damaged electrical wiring and electrical fixtures will need to be replaced. Also al 1"gedd
numbing and plumbing fixtures wiH need to be replaced There is also a garaI nd shed on flkrigsnety
that is in a very deteriorated condition Staff recommended and Council approved a raze or r!vjmbr_QrcLer
for this structure on October 28, 200;3 That order was not complied iwnth and the si:ruc 'ie vi
condemned. At this time a new property, owner is requesting the considerat"on from Counc 1-t _ iven
appropriate time to rehabilitate this structure The new property owner has stc. ad the prop A iti
reply from Council.
SEE ATTACHED PHOTOS
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2599 SOUTH
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2599 SOUTH
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING ORDINANCE NO.
03-082 TO REMOVE THE STRUCTURE LOCATED AT 2599
SOUTH AND GARAGE AND SHED FROM SECTION 1 AND
SECTION 2 AND ORDER THAT THE STRUCTURE AT 2599
SOUTH AND GARAGE AND SHED BE DEMOLISHED OR
REPAIRED WITHIN DAYS OF THE EFFECTIVE
DATE OF THIS ORDINANCE; PROVIDING FOR
SEVERABILITY, AND PROVIDING FOR A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Ordinance 03-082 be and the same is hereby amended to amend Sections 1
and 3 to remove item Number 33, 2599 South and Garage and Shed.
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 2599 South immediately enter into a work program and either demolish or repair
such structure within days of the effective date of this ordinance. If the
owners fail or refuse to repair or demolish the structure within the time limit set herein, the
City is authorized to demolish the structure without further Council action.
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 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 23rd day of
March, 2004.
- Mayor Evelyn M. Lord -
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 23, 2004 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Authorize the City Manager to execute an Interlocal Agreement with the Southeast Texas
Regional Planning Commission(SETRPC) and provide $15,000 toward the funding of the
Access to Jobs Transit Study
B) Approve a one (1) year contract for the purchase of waste treatment polymer
C) Approve a resolution urging the Texas Transportation Commission to continue its strong,
historic support for using toll credits in maintaining the existing system of public
transportation
D) Authorize the settlement of the lawsuit styled Delmon Jones v City of Beaumont
A
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 18, 2004
REQUESTED ACTION: Council authorize the City Manager to execute an Interlocal
Agreement between the Southeast Texas Regional Planning
Commission(SETRPC)and provide$15,000 toward the funding of
the Access to Jobs Transit Study.
RECOMMENDATION
Administration recommends that City Council authorize the City Manager to execute an Interlocal
Agreement with SETRPC for the Access to Jobs Transit Study.
BACKGROUND
The purpose of the Access to Jobs Transit Study is to identify and recommend transit service options
to serve those who are low-income clients and those that receive Temporary Assistance to Needy
Families. The study will focus on non-traditional work schedules and the disabled population in
relation to the transit barriers to employment that may exist. Findings from this study will determine
if the existing transportation network is or is not meeting the current needs of this target population.
If refinement is needed, a plan will be formed to address these needs and identify partners, funding
streams and persons whom the transit service is to accommodate.
BUDGETARY IMPACT
The SETRPC and the City of Beaumont will provide$25,000 and$15,000 respectively,toward the
total study cost. The remaining funds will be provided by other entities. The Downtown Clearance
Project, in the 2002 Program Year of the Community Development Block Grant Program, has
approximately $15,000 in unspent funds. These funds will be reallocated to the Access to Jobs
Transit Study.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director
SETRPCAccesstoJobsTramitStmiyAgee mwLwpd
March 18,2004
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is made and entered into by and
between the South East Texas Regional Planning Commission ("SETRPC"), acting herein by
and through its Executive Director, and the City of Beaumont, acting herein by and through its
duly authorized City Manager.
WHEREAS:
In accordance with applicable law, SETRPC has agreed to conduct an area-wide
transportation needs study to be known as "Access to Jobs Transit Study" ("Study"), the details
of which are more particularly described on Exhibit"A" attached hereto and incorporated herein
by reference;
FURTHERMORE, the Study is to be provided at a cost not to exceed $70,000, with it
being proposed that the costs thereof be borne $25,000 by SETRPC, $15,000 by the City of
Beaumont, and the remainder to be borne by other governmental entities; and
FURTHERMORE, SETRPC has agreed to be responsible for the coordination,
facilitation and implementation of the Study and to provide the results thereof to the City of
Beaumont.
NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE PREMISES, it is
agreed by and between SETRPC and the City of Beaumont that the Study will be beneficial to all
persons and businesses residing and/or operating within the areas served by SETRPC and the
City of Beaumont; and
The parties agree that the costs of the Study shall not exceed $70,000, with the costs
thereof to be borne $25,000 by SETRPC, $15,000 by the City of Beaumont, and the remainder to
be borne by other governmental entities, with all charges being billed or presented to such parties
by SETRPC with full and adequate documentation as may be reasonably necessary to allow such
receiving party to verify and confirm such charges as true and accurate charges for which such
party is legally responsible; and
The parties agree that SETRPC will be responsible for the coordination, facilitation and
implementation of the Study; and
The parties agree that SETRPC will provide the results of the Study to the City of
Beaumont upon completion thereof.
Any notice to be given hereunder by any party to the other shall be in writing and must be
telefaxed, hand-delivered or sent by first class U. S. Mail to the parties at the following
addresses:
SETRPC
2210 Eastex Freeway
Beaumont, TX 77703
Phone: (409)899-8444 Ext. 251
Fax: (409)729-6511
Attention: Mr. Bob Dickinson, Director
Transportation & Environmental Resources
City of Beaumont
Phone:
Fax:
Attention: City Manager
This Interlocal Cooperation Agreement shall constitute the entire understanding
of the parties hereto with respect to the subject matter hereof, and no amendment,
modification or alteration of the terms hereof shall be effective unless made in writing
and duly executed by all of the parties hereto.
IN WITNESS WHEREOF, the undersigned have executed this Interlocal
Cooperation Agreement as of the dates stated.
SOUTH EAST TEXAS REGIONAL
PLANNING COMMISSION
By:
Its:
Date:
"SETRPC"
CITY OF BEAUMONT
By:
Its:
Date:
"City of Beaumont"
EXHIBIT "A"
III. STATEMENT OF WORK
The SETRPC is seeking proposals to conduct an Access to Jobs Transit Study. The study
will identify and recommend transit service options to serve those who are low-income
clients and those that receive Temporary Assistance to Needy Families(TANF). The
study will also focus on non-traditional work schedules and the disabled population in
relation to the transit barriers to employment that exist. Findings from this study will
determine if the existing transportation network is or is not meeting the current needs of
the targeted population. If refinement is needed, a plan will be formed to address these
needs and identify partners, funding streams and persons for whom the transit service is
to accommodate.
Task 1: Organization
With the assistance of SETRPC, a Project Oversight Committee (referred to as
"Committee") will be formed to guide this project. This Committee will meet with the
Consultant to review the project scope of work and refine the project schedule. The
Committee will be composed of representatives from SETRPC, Southeast Texas
Workforce Centers, local governments and other relevant organizations. This task will
include a kick-off meeting to discuss the approach to the subsequent tasks.
Task 2: Employer Survey
The Committee will provide the Consultant with a list of employers who utilize entry-
level employees on traditional and non-traditional work schedules for the Consultant to
survey. This survey will determine the level and extent to which potential employers and
employees would be interested in participating in alternative transportation programs.
The results from this Task will be submitted in electronic format to the Committee for
data manipulation and analysis.
As part of this task, the Committee will also provide the staff of the SETRPC with a list
of zip codes of clients currently receiving TANF. These addresses will be used to
pinpoint population locations that currently receive services from the Southeast Texas
Workforce Development Board. The results from this Task will be submitted to the
Consultant in electronic format for data manipulation and analysis.
Task 3: Micro Study
The Workforce Centers in the study area will select a representative sample of
participants in the TANF Choices job readiness program. The Consultant will interview
them and identify individual work-related transportation needs and issues which may
impact the existing service assessment in Task 5 and the design of potential
transportation programs in Task 6. Particular emphasis will be made to include persons
with disabilities to determine the special needs for that population. Follow-up interviews
will be performed as a sub-task of Task 6.
s
Task 4: Transit Service Assessment
Using data collected in Tasks 2 and 3, and bus route and schedule information provided
by the Committee, the Consultant will determine the extent to which transit service does
or does not meet the work-related transportation needs of entry-level employees (and
potential employees) in jobs requiring non-traditional and traditional work schedules.
The Task 4 findings will be presented to the Committee for review and possible
refinement.
Task 5: Transit Service Initiatives
Based on Task 4 findings, a review of"Welfare-to-Work"transportation literature, and
existing transit programs in other JARC funded cities,the Consultant will identify and
describe suitable transit initiatives to connect Task 3 employees Task 2 to potential
employment sites using traditional and non-traditional work hours. Descriptions will
include preliminary estimates of capital and operating requirements, fare and level-of-
service (e.g., headways) elasticities, and ridership. The findings will be presented to the
Committee for refinement in Task 6.
Task 6: Refinement
The Committee will select two or three initiatives from among those presented at Task 5
for refinement. The Consultant will then prepare detailed estimates of ridership, revenue
and expenses for each initiative,to include level-of-service options and implementation
schedules. This work will be presented to the Committee for final review.
Task 7: Final Report
A report, documenting Task 1 through Task 6 activities will be prepared and printed
(minimum 30 copies) and will be presented and described to the Committee.
Presentation will include charts, maps and related material.
B
City of Beaumont
•�• Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Kirby Richard, Central Services Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 12, 2004
REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of
waste treatment polymer.
RECOMMENDATION
Administration recommends award of a one (1) year contract to Stockhausen, Inc. for purchasing
polymer at a unit cost of$0.72 per pound, with an estimated total contract expenditure of$36,000.
BACKGROUND
Bids were requested for a one(1)year contract for polyacrylamide cationic emulsion liquid polymer
for use by the Public Works Department, Water Utilities Division. The chemical is used in the
dewatering of municipal sewer waste sludge produced by the City's filter plant at Water Reclamation.
Six(6)vendors were notified with two(2)responding with bids. The bids received were as follow:
Vendor Price Cost,Delivered in Estimated
Tote Form Expenditure
Stockhausen,Inc. $0.72/lb. $6.20/gal. $36,000.00
Greensboro,North Carolina.
Polydyne,Inc. $1.25/lb. $10.75/gal. $62,500.00
Riceboro,Georgia
The product bid by Stockhausen has been utilized previously in the plant and meets all performance
One(1)Year Contract for Waste Treatment Polymer
March 12, 2004
Page 2
requirements. The prior contract period price was$0.56 per pound.
BUDGETARY IMPACT
Funds are available for this expenditure in the Water Utilities Fund.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Central Services Director, and Public Works Director.
. O%W
c
Citumont of Bea
**&**a
I E-! f
y
EL Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 18, 2004
REQUESTED ACTION: Council consider a resolution urging the Texas Transportation
Commission to continue its strong, historic support for using toll
credits in maintaining the existing system of public transportation.
RECOMMENDATION
Administration recommends City Council approve a resolution urging the Texas Transportation
Commission to continue using toll credits in maintaining the existing system of public
transportation.
BACKGROUND
The United States Congress has recognized that States with tollways have partially funded their
transportation systems with local tolls. In recognition of this local contribution, Congress has
established "toll credits" as a source of federal funding that may be used to finance the local
contribution requirement of funds from the Federal Transportation Administration and the
Department of Transportation. Toll credits have been directed in the past by the Texas
Transportation Commission to public transportation agencies in the State. The use of toll credits
has leveraged four (4) times the amount of toll credit dollars in additional federal funds. This
resolution urges the Texas Transportation Commission to continue using toll credits for the public
transportation system and further recommends to the Commission that public transportation be
granted first use of toll credits in the advancement of transit services in the State.
BUDGETARY IMPACT
None.
PREVIOUS ACTION
The Texas Transportation Commission allocated approximately$1.5 million of toll credits, as the
local match, for the purchase of twenty (20) transit coaches for the City of Beaumont.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and Public Works Director.
ResolutionTollCreditsTxDOTCommission.wpd
March 18,2004
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL,
OF THE CITY OF BEAUMONT,
IN SUPPORT OF
TOLL CREDITS FOR LOCAL PUBLIC TRANSPORTATION
WHEREAS,the City of Beaumont utilizes Federal Transit Administration and Texas
Department of Transportation Section 5307 funds to provide small urban transportation to the
citizens of Beaumont; and,
WHEREAS,the United Sates Congress has recognized that States with tollways have
partiallyfunded their transportation systems with local tolls;and that Congress,in recognition
of this increased local contribution established"toll credits"as a source of federal funding that
can be, and has been, used to finance the local contribution requirement of funds from the
Federal Transit Administration and the Department of Transportation; and,
WHEREAS, the City of Beaumont utilizes toll credits to match federal funds for bus
replacement purchases; and,
WHEREAS, toll credits in the State of Texas have been directed in the past by the
Texas Transportation Commission to public transportation agencies in the State; and,
WHEREAS,public transportation's use of toll credits has effectively leveraged four(4)
times the amount of toll credit dollars in additional federal funds; and,
WHEREAS,the matching of federal funds represented bytoll credits has been crucial
to maximizing the draw down and use of federal transportation grants to the State of Texas;
and,
WHEREAS,our Southeast Texas region is currently classified as a moderate ozone
non-attainment area and without these much needed credits many airquality programs across
ourarea,such as fleet replacements with alternative fuel vehicles,would not be achieved;and,
WHEREAS, public transportation has historically-based financial needs that greatly
exceed thatwhich is available,and that those needs have been well documented bythe Texas
Department of Transportation; and,
WHEREAS,any backward movement in the use of toll credits for public transportation
by the Texas Department of Transportaion will further diminish the ability of public transit to
serve residents; and,
WHEREAS,publictransit agencies in Texas — and the local governments that support
them — have practical limits in extending any financial resources in substitution of State toll
credits;
NOW, THEREFORE, BE IT RESOLVED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City of Beaumont on behalf of Beaumont Municipal Transit and other state
public transit agencies, urges the Texas Transportation Commission to continue its strong,
historic support for using toll credits in maintaining the existing system of public transportation;
and that,
BE IT RESOLVED, that the City of Beaumont further recommends to the Texas
Transportation Commission that public transportation be granted first use of toll credits in the
advancement of transit services in the State.
BE IT FURTHER RESOLVED,that a copy of this Resolution be forwarded to the Texas
Transportation Commission in Austin, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the_day of March,
2004.
- Mayor Evelyn M. Lord -
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Joe Sanders, Senior Assistant City Attorney
MEETING DATE: March 23, 2004
AGENDA MEMO DATE: March 18, 2004
REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit styled
Delmon Jones v City of Beaumont
RECOMMENDATION
Council approval of a resolution authorizing the settlement of a lawsuit styled Delmon Jones v
City of Beaumont.
BACKGROUND
This matter was most recently presented and discussed in an Executive Session on March 16,
2004.
BUDGETARY IMPACT
There are sufficient funds in the Liability Trust Fund and/or Worker's Compensation Fund to pay
a settlement amount of$29,000.
PREVIOUS ACTION
None.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager and City Attorney.
RECOMMENDED MOTION
Approve/Deny a resolution authorizing the settlement of the lawsuit styled Delmon Jones v City
of Beaumont.
CAwpdocs\Jones,Delmon\Delmon Jones.agenda.item.wpd
RESOLUTION NO.
WHEREAS, the lawsuit of Delmon Jones v. City of Beaumont, et al has been
discussed in an Executive Session properly called and held Tuesday, March 16,2004;and,
WHEREAS, the Council desires to authorize the settlement of the lawsuit;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Delmon
Jones v. City of Beaumont, et al in the amount of Twenty-Nine Thousand Dollars($29,000)
to include waiver of any worker's compensation lien.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
March, 2004.
- Mayor-
GAMAGENDMRESOLUTIIIawsuit settlement