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HomeMy WebLinkAboutPACKET DEC 13 2005 A~ U� NL A City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 13,2005 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments Andy Hemmings would be appointed to the Community Development Advisory Committee. The term would commence December 13, 2005 and expire December 12, 2007. (Councilmember Nancy Beaulieu) A) Adopt a resolution casting the City's votes(413)for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District B) Approve a resolution requesting new signatories for the Workers Compensation Claims Account at Hibernia National Bank C) Approve payment of an invoice for repairs performed subsequent to Hurricane Rita at the Water Production Plant and Lawson's Crossing Pump Station D) Authorize eminent domain proceedings to acquire 50%interest in Lots 1, 2, 3, 11 and 12 of Block 9 of the Van Wormer Addition located at 902-26 College Street(Parcels 7, 8 and 9)for the Martin Luther King, Jr. Park E) Approve the purchase of a software system for the Convention and Visitors' Bureau • A City of Beaumont uu!a Council Agenda Item M IL TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 9, 2005 REQUESTED ACTION: Consider adopting a resolution casting the City's votes(413)for C. L. Sherman to the Board of Directors of the Jefferson County Appraisal District. BACKGROUND: C. L. Sherman is a current member of the Board of the Jefferson County Appraisal District. The terms ofthe current Board members expire on December 31,2005. The City ofBeaumont is entitled to cast its votes for one nominee or distribute them in any manner among the nominees. A letter from Roland Bieber, Chief Appraiser, is attached for your review. BUDGETARY IMPACT None. PREVIOUS ACTION None. (409)840-9944 Jefferson County Appraisal District (409)727-4611 'K9? P.O.Box 21337 4610 S.Fourth St. Fax(409)840-9732 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R.Bieber,RPA October 24, 2005 Charles Lankford,Chairperson Fred L.Mitchell,Secretary Miriam K.Johnson Eugene Landry C.L. Sherman Mr. Guy Goodson Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Goodson: In accordance with Section 6.03(f) of the Property Tax Code, I have enclosed a copy of the ballot of the nominees for the Jefferson County Appraisal District Board of Directors for the 2006 - 2007 term of office. All five positions on the Board of Directors are up for re-election. You may cast all of your votes for one nominee or distribute them as you wish among the nominees. Each taxing unit entitled to vote must cast its votes in the form of a resolution adopted by its governing body and submit it to me before December 15, 2005. Please refer to the enclosed voting allocation to determine the number of votes your entity is entitled to in this election. The nominee receiving the majority of the votes of the conservation and reclamation districts will receive all of the votes cast by these districts. Sincerely, /ZRF�'/B be r RPA Chief Appraiser pjb Enclosures - 2 clMr. Kyle Hayes, City Manager ��', ELECTION BALLOT Jefferson County Appraisal District Board of Directors, 2006 - 2007 Term of Office The following individuals have been nominated: Miriam Johnson Eugene Landry Charles Lankford Fred L. Mitchell C. L. Sherman JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2006 - 2007 Board of Directors Based on 2004 Tax Levies % of Total 2004 Tax Lew Tax Levy # of Votes Drainage District #6 $11,427,878.11 3.11% 156 Drainage District#7 $10,736,377.56 2.93% 146 Navigation and Waterways Dist $4,077,246.40 1.11% 56 Port of Beaumont $5,526,960.46 1.51% 75 Port of Port Arthur $3,563,588.32 0.97% 49 Port of Sabine Pass $281,476.88 0.08% 4 Trinity Bay Conservation Dist $37,055.14 0.01% 1 WCID #10 $684,825.51 0.19% 9 SUBTOTAL C & R DISTRICTS: $36,335,408.38 9.90% 496 Jefferson County $57,499,312.69 15.67% 782 Beaumont ISD $103,892,670.09 28.31% 1415 Hamshire-Fannett ISD $7,190,171.36 1.96% 98 Nederland ISD $18,365,606.74 5.00% 250 Port Arthur ISD $43,503,282.54 11.86% 592 Port Neches-Groves ISD $40,277,132.18 10.98% 549 Sabine Pass ISD $6,761,033.52 1.84% 92 City of Beaumont $30,335,344.62 8.27% 413 City of Bevil Oaks $0.00 0.00% 0 City of Groves $3,735,390.64 1.02% 51 City of Nederland $4,037,044.78 1.10% 58 City of Port Arthur $10,003,389.64 2.73% 136 City of Port Neches $5,018,060.44 1.37% 68 SUBTOTALS: $330,618,439.24 90.10% 4504 TOTALS: $366,953,847.62 100.00% 5000 B � 7Lj-17j nt City of Beaumo Counc il Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant,Finance Officer MEETING DATE: December 13, 2005 AGENDA MEMO DATE: November 30, 2005 REQUESTED ACTION: Council consider a resolution requesting new signatories for the Workers Compensation Claims Account at Hibernia National Bank. RECOMMENDATION The administration requests approval of Kathy Hile, Wanda Browning, Joyce Miller, Jillian McKenzie and Leslie Himes (AS&G employees) and Kyle Hayes, Max S. Duplant and Kandy Daniel (City employees) as authorized signatories on the above listed account. Signatories on all other City of Beaumont accounts for banking or investment purposes shall remain unchanged. BACKGROUND AS&G Claims Administration,Inc is the administrator for the City's workers'compensation claims. Claims are paid from the City of Beaumont Workers Compensation Claims Account which is set up at Hibernia National Bank. Both AS&G employees and City employees are authorized to sign on the account. AS&G employee, Paulo Garcia has been removed and Kathy Hile, Jillian McKenzie and Leslie Himes have been added as signatories. BUDGETARYIMPACT None. PREVIOUS ACTION City Council approved AS&G signatories for the City's workers compensation claims account on January 6, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. C ! City of Beaumont Lia Council Agenda Item M K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 7, 2005 REQUESTED ACTION: Council consider payment of an invoice to the Reynolds Company of Houston, Texas for repairs performed subsequent to Hurricane Rita. 0 RECOMMENDATION Administration recommends payment in the amount of$32,644.83 to the Reynolds Company for repairs at the Water Production Plant and Lawson's Crossing Pump Station. BACKGROUND The variable frequency drives (VFD) on pumps located in the Water Production Plant and the Lawson's Crossing pump station were rendered non-operational by damage from Hurricane Rita. The drives control the speed of the pump motors, and vary the speed as needed to address any given rate of flow. The drives are electronic equipment, and were damaged by moisture intrusion at the sites. It was necessary to have the drives repaired as quickly as possible, as they are imperative to the pumps operating at the appropriate speed. The Reynolds Company performed the repairs from September 25, 2005 through October 1, 2005. A total of three(3)VFD were affected; two(2) at Lawson's pump station which supply raw water to the Water Production Plant for treatment, and one (1) in the plant which pumps treated water into the City water supply. Repair of the VFD was critical to meeting water demand, particularly in light of the prevailing emergency conditions and the number of water line breaks caused by uprooted trees during the storm. BUDGETARY IMPACT Due to the nature of the damage, it is anticipated that the cost for these repairs will be reimbursed by FEMA. Payment of Invoice for Variable Frequency Drive Repairs December 7, 2005 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Water Utilities Director. D Cit y of Beaumont Council Agenda Item EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 5, 2005 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire 50% interest in Lots 1, 2, 3, 11 and 12 of Block 9 of the Van Wormer Addition located at 902-26 College Street(Parcels 7, 8 and 9) for the Martin Luther King, Jr. Park. RECOMMENDATION One of the property owners listed below,Robert Tinkle,has not accepted the appraised value for his 50% interest in the property for the Martin Luther King Jr. Park Project. Parcels 7, 8, 9: Van Wormer Addition, Lots 1, 2, 3, 11 and 12, Block 9 (902-26 College Street) Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $41,500 50%Undivided Interest $20,750 Owners: David Wayne Tinkle and Robert Tinkle Administration recommends authorization to acquire the 50%interest in this property by eminent domain. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation has entered into an agreement to lease a portion of the Martin Luther King,Jr.Parkway(Spur 380)right of way for park purposes.The City of Beaumont desires to also acquire all of Block 9 of the Van Wormer Addition for Park purposes. There are nine (9) parcels in this project. BUDGETARY IMPACT This project is funded under the Capital Improvement Program. PREVIOUS ACTION David Wayne Tinkle's 50%interest in the above parcels was acquired through Resolution No.05- 171. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engm1k_tinUe-bob_ed4b.wpd 5 December 2005 r rip' Y°° • �. '` ao � .� o o , �♦ aA a •wa, � WA ir a° a ♦t � �, ,�, w \. , �• �• .,� . to �` '�, p• .,C��,, Oar• ♦♦ •.;" { e ♦D + •ft "vl .y' 4 a s . e 4 • :`� ti ` °? �4�°oy rod d° ° A 4' w )t �� ,• ao .o S a° LOO. 6vt c =r. R° It • f, .... L�� '' ', ;•.• j ' Cam-,"°,9x,• s '. _ t J • /•'~ ':�k, ;�•i .. ''�~ � ,•�1. i 3Z •gyp �4 , _ 11.• .irr• •, ,r• .•tip••t• . '4+• �s• t. .��• SQ `: • i J •�i , ors,' • , . Is (`b.R� �- !J, is i� a, •', tiL•'• '•• f �. '�,, - •:'' _ tb• i' / ' Q4 E City of Beau mont Council Agenda Item TO: City Council FROM: Kyle Hayes,City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 2, 2005 REQUESTED ACTION: Council consider the purchase of a software system for the Convention and Visitors' Bureau. RECOMMENDATION Administration recommends the purchase of a software system from John Paradiso and Associates, Inc. of Northampton, MA in the amount of$26,135. BACKGROUND The Convention and Visitors' Bureau (CVB) currently uses software purchased in 1998 and the antiquated system no longer meets departmental needs. Proposals were solicited for the design, installation, and support of a replacement software system to enhance the CVB's productivity, efficiency, and competitive edge in the convention and tourism markets. Specifications required prospective systems to include modern convention and tourism management tools such as booking and web modules,hotel and attraction databases, calendar of events, and mailing lists. John Paradiso and Associates, Inc. submitted the lowest price, provided excellent references, and included numerous examples of quality previous work. Their price includes all necessary licenses, products,installation,data conversion,and training required for implementation of their Infotrac and Inquiry+software packages customized for the City's CVB. Three(3)proposals were received as follow: VENDOR PRICE John Paradiso and Associates, Inc. of Northampton, MA $26,135 Internet Destination Sales System, Inc. of Minneapolis, MN $29,460 Software Management, Inc. of Pittsburgh, PA $37,500 Purchase Software for Convention and Visitors' Bureau December 2,2005 Page 2 BUDGETARYIMPACT Funds are available in the Hotel Occupancy Tax Fund for the purchase price of$26,135. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director,and the Convention and Visitors' Bureau Director. 'W~ ,UM City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 13,2005 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition: Presentation from Robert Reyna, Beaumont Housing Authority * Public Comment: Persons may speak on scheduled agenda items 4-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RS (Residential Single Family Dwelling) District or more restrictive district for the property at 7475-7655 Westhaven, 3840-4095 Cheryl, 4015-4090 Neumann, 40154095 Blackwell 2. Consider approving a request for a specific use permit to allow a vocational training center for people with disabilities in an RM-H(Residential Multiple Family Dwelling-Highest Density)District at 7650 Park North 3. Consider approving a request for an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD (General Commercial-Multiple Family Dwelling)District at 950 Magnolia 4. Consider approving a bid for the purchase of excess workers' compensation insurance 5. Consider approving a resolution to write-off uncollectible delinquent accounts totaling$2,274,549.85 for which each individual account exceeds$1,000 • 6. Consider approving payment of an invoice for services performed subsequent to Hurricane Rita relating to sewer lift stations 7. Consider amending Section 13-16 of the Code of Ordinances relating to health fees (Birth and Death Certificates) • 8. Consider approving a six 6 month contract for pp g ( ) o the purchase of asphaltic concrete 9. Consider adopting an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase 10. PUBLIC HEARING: Receive comments relating to reestablishing a juvenile curfew ordinance and review the effects of the curfew ordinance on the community Consider reestablishing Chapter 9 of the Code of Ordinances relating to a juvenile curfew ordinance 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: Claim of Perry Pete Brannon Steward v. City of Beaumont Glenn McNeel v. City of Beaumont The Matter of CenterPoint Energy Entex Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880.3716 three days prior to the meeting. • i 1 December 13, 2005 Consider approving a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RS (Residential Single Family Dwelling)District or more restrictive district for the property at 7475-7655 Westhaven, 3840-4095 Cheryl, 4015-4090 Neumann, 4015-4095 Blackwell M~ City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: November 29, 2005 REQUESTED ACTION: Council consider a request for a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RS(Residential Single Family Dwelling)District or more restrictive district for the property at 7475-7655 Westhaven, 38404095 Cheryl, 40154090 Neumann, 40154095 Blackwell. RECOMMENDATION The Administration recommends approval of a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RS (Residential Single Family Dwelling)District or more restrictive district for the property at 7475-7655 Westhaven, 3840-4095 Cheryl, 40154090 Neumann, 4015- 4095 Blackwell. BACKGROUND In October,the majority of the property owners within the Westhaven Terrace Addition came to City Council to request that the City initiate a zone change for their subdivision. The subdivision consists of 46 lots and is currently zoned RM-H (Residential Multiple Family Dwelling-Highest Density) District. All of the developed lots are occupied by single family residences. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 28, 2005, the Planning Commission voted 6:0 to approve a zone change from RM-H(Residential Multiple Family Dwelling-Highest Density)to RS(Residential Single Family Dwelling)District or more restrictive district for the property at 7475-7655 Westhaven, 3840-4095 Cheryl, 4015-4090 Neumann, 4015-4095 Blackwell. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. 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 RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT FOR THE PROPERTY LOCATED AT 7475-7655 WESTHAVEN, 3840-4095 CHERYL, 4015 -4090 NEUMANN AND 4015-4095 BLACKWELL, 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 RM-H (Residential Multiple Family Dwelling-Highest Density) District to RS (Residential Single Family Dwelling) District for the property located at 7475-7655 Westhaven, 3840-4095 Cheryl, 4015-4090 Neumann and 4015-4095 Blackwell, being Lots 1-15, Block 1, Lots 1-4, Block 2, Lots 1-8, Block 3, Lots 1-8, Block 4, Lots 1-11, Block 5, Westhaven Terrace Addition, City of Beaumont, Jefferson County, Texas, containing 10.795 acres, more or less, as described on Exhibit"A", 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 of the underlying y g zo Wing district as well as those 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 13th day of December, 2005. - Mayor Guy N. Goodson - Ede-1801-Z: Request for a zone change from RM-H(Residential Multiple Family NORTU Dwelling-Elighest Density)to.RS (Residential Single Family Dwelling)District or n restrictive district. Wes Location: All of thaven, Cheryl,Neumann &Blackwell Applicant: City of B SCALE eaumont i i i i Division II Ok NO Sam sn", kI mmUs, 105\01 im r ppp � KI�� ���♦+ '`.\tip\ `` ,:'' \ a' xN NOKI Sm gg\ MEN '.Ig 'NON ink's U, Own NOW ,mnl� KN 0\1 Owl gk WNW IM2 I-I\K I ��N:Xkjnei NUNINIM, NOR % " w mz\ \; ���`V \, ,. NOW. m7 ON o �� kM AL . ► ��•41--I el'L�LiI ! 2 December 13, 2005 Consider approving a request for a specific use permit to allow a vocational training center for people with disabilities in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North s 0 City of Beaumont r• Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: November 29, 2005 REQUESTED ACTION: Council consider a request for a specific use permit to allow a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North. RECOMMENDATION The Administration recommends approval of a specific use permit to allow a vocational training center for people with disabilities in an RM-H(Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North. BACKGROUND St. Giles Living Centers,Inc. is requesting a specific use permit to allow a vocational training center for persons with mental disabilities in an existing building at 7650 Park North. The property is the former location of Park North Baptist Church. St. Giles is under contract to purchase the subject property. The proposed facility will house a vocational assistance and training program. Each morning, direct support personnel or family members will drop off individuals in need of vocational training services. These persons will receive instruction on various components of how to secure and retain employment and related job coaching and job training matters. This can be done with classroom instruction or with specific jobs such as simple assembly task or offsite jobs or job training. Support and management employees of St. Giles who work with the individuals in need of services will be located on the premises. BUDGETARYIMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 28, 2005,the Planning Commission voted 6:0 to approve an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD(General Commercial-Multiple Family Dwelling)District at 950 Magnolia. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A VOCATIONAL TRAINING CENTER FOR PEOPLE WITH DISABILITIES IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT 7650 PARK NORTH 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 St. Giles Living Centers, Inc. to allow a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at 7650 Park North, being Tract 216-C, Plat RS-4, W.B. Dyches Survey, Ab. 17, City of Beaumont, Jefferson County, Texas, containing 5.753 acres, more or less, as described on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use i of Beaumont and its citizens; permit is in the best interest of the City , NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located at 7650 Park North, being Tract 216-C, Plat RS-4, W.B. Dyches Survey, Ab. 17, City of Beaumont, Jefferson County, Texas, containing 5.753 acres, more or less, as described in Exhibit"A" attached hereto and made a part hereof for all purposes, is hereby granted to St. Giles Living Centers, Inc., its 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 13th day of December, 2005. - Mayor Guy N. Goodson - _y—,WA File 1804-P: Request for a specific use permit to allow a vocational gaining center for people with disabilities in an RM-H (Residential Multiple Family Dwelling Highest Density)District. Location: 7650 Park North Applicant: St. Giles Living Centers,Inc. ISO 0,� 10 9, \� ' 0 . Cie N4 t,1 'g rV i 'A EXHIBIT "A" q( gc) &K modOx - .. 1N 11iff1T. N0.WIWVXT . 0 3503 W 1941' ' rb a drainage I � . � o t; viii. trash aterage ' �I e4. curb cut y dfep off Two(2)story structure,approximately 22 Meet high gPpraximatei3►9'65p sf dOwi►staira and PLAT OF SURVEY rs�rs+wr��M approximate)300sfupS�lrs 5.753�►CRES'OF LAND 5(TtJATED M THE Pt6rh root Na fencing W$.DYCHES SURVEI'.:ABST.NO. 17 NMI wr Sign wili.tse no.largsr than tine lent it apd eight flee:-wide SMUMONT,�fe k NCO.;mw Wall pack lighting and directional fighting under the portico G.ei�matics, Inc. � LW-A ei X Tm _ W 00 • 3 December 13, 2005 Consider approving a request for an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD (General Commercial-Multiple Family Dwelling)District at 950 Magnolia City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: November 29, 2005 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD(General Commercial-Multiple Family Dwelling)District at 950 Magnolia. RECOMMENDATION The Administration recommends approval of an amended specific use permit to allow the replacement of a screening fence with a chain link fence for a lawn irrigation company in a GC-MD (General Commercial-Multiple Family Dwelling)District at 950 Magnolia. BACKGROUND Mickey Phelan,the property owner, would like to replace the existing fence with a chain link fence for the lawn irrigation company at 950 Magnolia. Mr. Phelan states that over the past eight years, the plastics slats have resulted in the partial destruction of the fence on two occasions and the total destruction of the fence during Hurricane Rita. He has received bids to repair the fence that exceed$20,000. Adding the screening slats would cost an additional $4,000. The current tenant has agreed to stay in the building if Mr. Phelan will rebuild the fence. However, Mr. Phelan says that he cannot justify the additional expense of the screening and the most assured destruction of the fence during the next wind because of the screening. BUDGETARY IMPACT None. PREVIOUS ACTION At a Joint Public Hearing held November 28,2005,the Planning Commission voted 6:0 to approve a vocational training center for people with disabilities in an RM-H (Residential Multiple Family Dwelling-Highest Density) District at 7650 Park North. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO MICKEY PHELAN, III TO ALLOW A SCREENING FENCE TO BE REPLACED WITH A CHAINLINK FENCE WITHOUT SCREENING SLATS ON PROPERTY LOCATED AT 950 MAGNOLIA. WHEREAS, on September 10, 1996, City Council approved Ordinance 96-49 issuing a Specific Use Permit to Chris Sekaly, President of Post Consumer Recyclables, Inc., for property located at 950 Magnolia in a GC-MD (General Commercial - Multiple Family Dwelling) District, being Lots 1 -6, Block 1, T. S. Long Addition, Tract 11, Tax Plat Y, Noah Tevis Survey, 2.06 acres, more or less, Beaumont, Jefferson County, Texas, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS pp the applicant and current property owner, Mickey Phelan, II I, wishes to modify condition no. 1 which required screening slats in the six foot (6) tall chain link fence to allow a six foot (6) tall ll chain link fence without slats; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the Specific Use Permit to allow a screening fence to be replaced with a chainlink fence with no slats; and, WHEREAS, the City Council is of the opinion that the amendment 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 Ordinance 96-49 be amended by amending the Specific Use Permit to allow a screening fence to be replaced with a chainlink fence without plastic, aluminum or wood slats. Section 2. That all conditions necessary for issuance of an amended specific use permit forthe above-described property in Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, have been met and such specific use permit is hereby granted, as amended, to Mickey Phelan, III, his legal representatives, successors and assigns, for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto as Exhibit"B",the use of the property hereinabove described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 93-24 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2005. - Mayor Guy N. Goodson - I Lft ry F'r J J ��TA naR g f 'n [File 1803-P: Request for-an amended specific use permit to allow the replacement of a NORTH screening fence with a chain link fence for a lawn irrigation company in a GC-MD . (General Commercial-Multiple Family Dwelling)District. Location: 950 Magnolia SCALE "" A;pphficant: Mickey Phelan,III 1"=200' jW 04' ! ! Ib ![ 1 M/L. ER V is+rST JZ 66 3 •Y >i /r Line J Fodl.n Ias. - - orth Lin- N ors b 7 IV h v Ito 60 A/O I il0 179,e� r // $ N/L L ER N.. C Er ,Z /sr i . J,, J LU d mot/ j r. / , n s © aso ! ( + wy J At . + N eq + HRi 4• //f.9 Aj A F AVE a jjll r o LONG_ AV__E,_' �• _ _ - __ se /03.3 .t s 7 I Is .s _' FR/J6! AC'J' t ~ ICS 10 LI �• ' HARRISON AVE. me AM R IN so J73 << a J a W 37J 6o ral 1tT2 a qq� HAZEL AVE.g " /+s . 10 ! o t l t d r • jJ J 14 j s / 4 14 t / ti , se so ,a„ • � Md4StH EXHIBIT ac ff 30 s; - A -t 't�:. '`5i`�,r�'i"er,}4.•� rSr1�• 0 0 1 .r�R�l•�..•: .ti7:�•$'4{x'f/.a., "? • ..t.t 7 �iT11,jy. { y 11 x 'l '• CYCi. 7NIL •q:�,:i::+:ti� 3yv 1. `JY+r .�.i .:C�'��iL:.•y�1�}pi1•�•'r' 1�;, V ' '(1•','' rr�'i E .•w '-r,! Z , .i .�ll� {•'', `�f'r^'t.� h',�. .,{,,:y ,,' :,tf„IHi.�SS�(t1..'. ,•l ; ' �'�','II H���•;�, 1!'�'y+�;Y.r•.h<.�,'pt.�l��, ., l,. . , � 1 t� 'y��y�{�•r.',.:: �,�t3ii1 'i)JLdy`;� I. 'i�• ,'l.j'•,�i�;!):�t`.�;t. /T4lAl ..r r Ir �f•.1 .; .r 1k .ti1�,f�St�}'S'y�t�.� :cif:+iy i L'• • 1•s'i�Y:I:Nr�y'. �� ,'r��A:a:�:1.� � O .. ' T �.��(�t•;r=1"�1'' . 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SIC) t� Q N LONG B IRS 'I . ; . .;,::�•,��., . �'-'a�;' - ' EXHIBIT 4 December 13, 2005 Consider approving a bid for the purchase of excess workers' compensation insurance • Ci of Beaumont Council Agenda Item TO: Kyle Hayes, City Manager FROM: Marie Dodson,Human Resources Director PREPARED BY: Joel Sistiunk, Safety Coordinator MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 2, 2005 REQUESTED ACTION: Consider Awarding Bid for Purchase of Excess Workers' Compensation Insurance RECOMMENDATION On December 1, 2005, the City received proposals for specific excess workers' compensation insurance. The lowest bid that met our bid specifications was submitted by McGrift Seiibels & Williams of Texas, Inc. They submitted State National Insurance Company who has a Best Rating of A. All specification requirements were met. The results of the bid tabulations are attached for review. Staff is recommending that the policy for excess workers' compensation insurance be awarded to McGrif& Seibels&Williams of Texas,Inc. This policy will become effective January 1, 2006 for one year with an option to renew two (2) additional years at the same guaranteed rate. Based on the 2006 proiected payroll of$55,122,500, the annual premium for the first year is a flat rate of$76,500. The estimated annual premium for the following two years will be based on a rate of .138 per $100 of payroll. State National Insurance Company will provide a preferable level of coverage with statutory limits. BACKGROUND The City is self-insured for its workers'compensation program. The excess insurance coverage limits the City's liability for claims from any one iob-related iniury or accident. The City's liability is called Self-Insured Retention(SIR). In other words, the insurance carrier will cover all costs incurred on any individual claim more than$500,000 up to any amount authorized by statute. Our current Policy is with State National Insurance Company and has been for two(2)years. The annual premium for the calender year of 2005 was $76,500. Approximately 1,220 full-time employees and 200 part-time, temporary and/or casual employees are covered by workers' compensation. BUDGETARY IMPACT Appropriation of Funds for this expenditure are available in the Employee Benefits Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Human Resources Director. RECON*AENDED MOTION Approveldeny a request to authorize the City Manager to purchase a policy for excess workers' compensation insurance from McGriff; Seibels&Williams of Texas,Inc., effective January 1,2006. 9 0 0 WORKERS' COMPENSATION EXCESS INSURANCE PROPOSAL ANALYSIS Vendors Submitting Proposals Met Specs Best Sppecific W.C.Limit Rate per$100 Estimated Rating Excess payroll Annual Retention Premiumd) Comments Yes A $500,000 Statutory .138 0$76,500 flat No Payroll Audit(Flat Premium) McGriff,Seibels&Williams Of fee O itio to renew for two nal Texas,Inc. guaranteed rate of.at the 138 per$100 (State National Insurance of estimated payroll. Includes general liability with limits of Company) liability of $1,000,000 each occurrence,$3,000,000 Aggregate with $500,000 retention each occurrence. Includes employer's liability with a limit of liability of $1,000,000 with a $500,000 retention. Claims Administration Services, No,did A $1,000,000 Statutory .1301 (1$73,784 Annual audit of payroll. One year Inc. not bid Plus$2,070 policy, no option to renew at the $500,000 Terrorism same rate. Includes employer's (Midwest Employers Casualty retention Risk liability with a limit of liability of Ins Company) as Insurance Act $1,000,000 with a $1,000,000 requested. of 2002 retention. O Based on estimated annual payroll of$55,122,500 we excess analysis 06.wpd 5 December 13, 2005 Consider approving a resolution to write-off uncollectible delinquent accounts totaling $2,274,549.85 for which each individual account exceeds $1,000 City of Beaumont •�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Finance Officer MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 8, 2005 REQUESTED ACTION: Council consider a resolution to write-off uncollectible delinquent accounts totaling $2,274,549.85 for which each individual account exceeds $1,000. RECOMMENDATION The administration requests approval of a resolution to write-off uncollectible delinquent accounts totaling$2,274,549.85 for which each individual account exceeds $1,000. BACKGROUND This request is in accordance with the write-off policy approved by City Council on December 21, 1999. The policy gives Council the final authority to write-off any individual account receivable identified as uncollectible when the balance due exceeds$1,000. All accounts included are prior to 2003 and collection efforts have been unsuccessful. A summary by receivable type is shown below. 1. Building Permits- $7,979.50 Write off request involves 3 businesses who had incurred charges for permits between 1998 and 2002. All of the businesses are closed and the City's collection agency has been unable to collect. 2. Demolition Charges- $480,687.71 The majority of these charges are for demolitions on commercially zoned property between 1999 and 2003. Collection agency attempts at collection have been unsuccessful. 3. EMS Ambulance Charges- $1,085,011.07 These charges include uninsured claims or co-pay and deductibles that the customer should be responsible for. Original charge dates range from 1998 to 2003 and accounts have been with the collection agency for at least one year. 4. Landfill Usage Fees- $1,379.73 Includes one account from 1998 that is out of business. 5. Rental Rehabilitation Loans- $47,894.37 This charge involves one customer for loans made prior to 1994. The City's Housing division requested the account be written off as collection attempts have been unsuccessful. 6. Weed Abatement Charges- $651,597.47 Charges included are between 1998 and 2003 and have been with the City's collection agency for at least one year. These account are difficult to collect because of limited owner information. Auditors have requested that uncollectible balances be cleared from subsidiary ledgers. flat any time an account becomes collectible after having been written-oily the receivables of the City shall be adjusted accordingly. The balance of the account shall be reinstated and payments shall be applied to that balance. BUDGETARY EKPACT None. PREVIOUS ACTION Council approved a resolution to write-off uncollectible delinquent account totaling$56,152.25 on March 2, 2004. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. I • 6 December 13, 2005 Consider approving payment of an invoice for services performed subsequent to Hurricane Rita relating to sewer lift stations +� City'�`" of Be B aumont..LIJ Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 6, 2005 REQUESTED ACTION: Council consider payment of an invoice to Brystar Contracting, Inc. for services performed subsequent to Hurricane Rita. RECOMMENDATION Administration recommends payment in the amount of$182,952 to Brystar Contracting, Inc. BACKGROUND The City of Beaumont sewer treatment system contains 96 sewer lift stations to pump sewer waste to the Water Reclamation plant for treatment. Electrical outages resulting from the hurricane knocked all lift stations out of service immediately after the storm. The Water Utilities Department had sufficient generator capacity to resume full-time pumping of waste at approximately 40 of the most critical lift stations in the system. Additionally, Water Utilities personnel worked rotations among another 38 lift stations via the Department's remaining portable generators, whereby personnel traveled by pickup to a lift station, connected a generator, pumped down the holding tank, then moved on the next lift station to repeat the process. As citizens began to return to residential areas, the out of service lift station tanks began to fill with waste, and the shortage of available generators left no capability of pumping the waste through the system. The most significant risk with these lift stations was tank overflow, which could potentially result in raw sewage being introduced to the outside environment. Due to this risk, the Water Utilities Director contracted with Brystar to set up pump and generator sets to empty the tanks and bypass the lift stations at 18 sites throughout the city, mitigating the risk of sewer overflow until power could be restored and the stations brought back online. Brystar provided these services for varying periods (dependent upon when power could be restored to a particular lift station) between October 1, 2005 and October 11, 2005. Payment of Invoice for Pump Bypass Services December 6, 2005 Page 2 BUDGETARY IMPACT Due to the nature of the damage, it is anticipated that the cost for these measures will be reimbursed by FEMA. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director and Water Utilities Director. D, O INVOICE NUMBER: 2555 rye' MONTHLY PAY REQUEST N CITY OF BEAUMONT WATER UTILITIES DEPT wtt( EMERGENCY BYPASS LIFT STATION PUMPING p N slacle -0,00 W Cr Of CONTRACTOR: BRYSTAR CONTRACTING INC. ` ;10 p 0� ESTIMATE NO: 1 ``9! 0 CONTRACT AMT: $182,952.00 r0 DATE: October 20,2005 EL Z COMPLETE%: 100% U TOTAL WORK TOTAL WORK U N PREVIOUS COMPLETE COMPLETE N TOTAL TOTAL ITEM UNIT CONT. I CONTRACT TOT.WORK TO DATE THIS BILLING I AMOUNT AMOUNT PRICE QTY T AMOUNT COMPLETE QTY QTY T THIS BILLING COMPLETED NO. DESCRIPTION/LOCATION :•:•:•:•:-:•::•:•:::: :-: :::::::: A.KO :...... :.• .;ts/ 5M :.......:...:.:.....•..•.;.:.:..;.;.:.:.:.:•:.:......:..................... 1,500.00 s 13,;120.00 1 SETUP COST $ 1,500.00 1 FA $ ,.500.00 0 1 1 EA $ 2 PUMP BARE RENTAL a 504.00 1 DAY $ 504.00 0 q 4 DAY $ 2,016.00 a 4 4 DAY a 3,120.00 a 3 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 780.00 0 1 1 EA $ 960.00 $ 960.0 $ 0 1 EA $ 960.00 0 :.:-:•:•:.:•:.:.:•:.:.::::::::::::::::::::::::::::::::::::::::::::::::: ::::::::::::: :::::::::::::::::::::::::::::: :: 4 BREAKDOWN CO ST . .•.•................•.•.•.•. • €:;:€:3btb2tb5'•€�€:'ss:AFt lt:: �: :: �'• ;:ia�S/�t , , EA a 1.500.00 a 00 1 5 .00 5 SETUP COST $ 1,500.00 , EA $ 1,500.00 0 1 DAY $ 504.00 0 8 PUMP BARE RENTAL $ 504.00 4 4 DAY a 2,018.00 $ 2 018.00 q 4 DAY $ 3,120.00 a 3,120.00 7 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 780.00 0 1 1 960960.00$ 960.00 $ 9 - 8 BREAKDOWN COST $ 980.00 1 EA $ 960.00 0 :;:€'.3b1d2►b5'•'.i'.'. )fI1 :E:s:E:Ei;; ';? ': 1 E ; s :E':ES : : `:: EA a ,500.00 S 500. 9 SETUP COST $ 1.500.00 1 EA $ 1,500.00 0 8 8 DAY a 4,032.00 $ 4,03 10 PUMP BARE RENTAL a 504.00 1 DAY $ 504.00 0 2.00 g 8 DAY a 6,240.00 a 8,240.00 11 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 760.00 0 a 960.00 EA $ 960.00 0 1 1 EA $ 960.00 a 960.00 BREAKDOWN COST , .:::: .. 00 'rtii s:::€:3btb#Po5:•:•:•.•�t#c�Vstl�sN�.:............ .. ::::::.. , , EA $ 1,500.00 $ ,.500. 13 SETUP COST $ 1,500.00 1 EA $ 1,500.00 0 9 9 DAY a 4,536.00 $ 4,536.00 14 PUMP BARE RENTAL S 504.00 1 DAY $ 504.00 0 780.00 0 9 9 DAY a 7,020.00 $ 7,020.00 15 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY a mr 0 1 1 EA $ 960.00 a 980.00 18 BREAKDOWN COST $ 960.00 , EA ....•.....•.•.•.•.•.•.•.:•:•:-:::i:;:::;:;i i::;::E:E::;:::;::: .00 1 EA $ 1,500.00 $ 1.500 17 SETUP COST $ 1,500.00 , EA 0 1 18 PUMP BARE RENTAL a 504.00 1 DAY 0 10 10 DAY a 5.040.00 $ 5,040.00 10 10 DAY a 7,800.00 a 7,800.00 19 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY 0 0 1 1 EA $ 960.00 $ 980.00 20 BR DO COST $ 960.00 1 EA $ 960.00 0 EAK :E::3bld#1b5 is idEIARL`S:E;:E I E: ':i?;? :;:EE;; i E E i8/ ..5` , 21 SETUP COST 1 EA $ 1,500.00 a 1,500.00 a ,,500.00 , EA $ 1.500.00 0 22 PUMP BARE RENTAL a 504.00 1 DAY $ 504.00 0 6 6 DAY a 3,024.00 a 3,024.00 g 6 DAY a 4,686.00 $ 4,680.00 23 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 780.00 0 1 1 EA $ 98000 $ 98000 24 BREAKDOWN COST a 960.00 1 EA $.......960:00 .-..........�...:.:.:•:• :€::;bl d2►b5€s::: bt:tlr ::'s: ;'•°'•'•`:'•:;:;'•;;'''•: ::: :::s 1: 5/0. 1 , EA a 1,500.00 a 1,500.00 25 SETUP COST $ 1,500.00 , EA $ 1,500.00 0 28 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 4 4 DAY $ 2,016.00 a 2016.00 q 4 DAY $ 3,120.00 $ 31120.00 27 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 780.00 0 1 EA $ 980.00 a 960.00 28 BREAKDOWN COST $ 960.00 1 EA $ 960.00 0 U TOTAL WORK TOTAL WORK U N PREVIOUS COMPLETE COMPLETE N TOTAL TOTAL ITEM UNIT CONT. I CONTRACT TOT.WORK TO GATE THISOTY ING T THISBIL NG C MPPLETED NO. DESCRIPTION/LOCATION PRICE QTY T AMOUNT...... COMPLETE QTY 1.500.00 $ 1.500.00 $ 1,500.00 1 EA $ 1,500.00 0 1 1 EA a 29 SETUP COST 9 9 DAY $ 4,536.00 $ 4,538.00 30 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 9 9 DAY $ 7,020.00 $ 7,020.00 31 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ IT 0.00 o 1 1 EA $ 960.00 $ 960.00 $ 960.00 1 EA $ 32 BREAKDOWN COS ,••-• .. 500. ::isE::::if:::::::::::.: 1 1 Ep, $ 1.500.00 $33 SETUP COST $ 1,500.00 , EA $$ 504.00 1 DAY $ 4 4 DAY $ 216.00 $ 2,018.00 34 PUMP BARE RENTAL q 4 DAY $ 3,120.00 $ 3,120.00 35 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 1 1 EA $ 960.00 $ 960.00 38 BREAKDOWN COST ml.1 $ 960.00 1 EA $ 960.00 0 E::E:3btGtiGb ;EE: If jltlt lll`:::::E'•:E:'E•::t:::::: :::s:ltYktt�l35:.:.:: :.::.:.:.:.:.:.:.:..:.:.:.:..:.:•:.::.:.:.........,................ Ep $ 1.500.00 a ,.500.00 37 SETUP COST $ 1,500.00 , EA $ 1.500.00 0 $ 504.00 1 DAY $ 504.00 0 10 10 DAY $ 5,040.00 $ 5,040.00 38 PUMP BARE RENTAL 10 10 DAY $ 7,800.00 $ 7,800.00 39 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 $ 980.00 $ 960.00 40 BREAKDOWN COS $ 980.00 1 EA $ 960.00 0 EEEE:iE3bIGilOSEE:EE 3IQRAIi'1EE:::::E:E::E: E::::::::::::::::::::::.: ::::::.:!tf/k4lQ :.....•...-............. .... 1 1 EA $ 1.500.00 $ 1,500.00 41 SETUP COST $ 1,500.00 1 EA $ 1,500.00 p 3 3 DAY $ 1,512.00 $ 1,512.00 42 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 3 3 DAY $ 2,340.00 $ 2.340.00 43 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 79 U 1 1 EA $ 98000 $ 960.00 $ 960.00 1 EA $ 44 BREAKDOWN COS .. 7€ €gbla3►u5 € `. b1r1'': ': ;s; ;; ylas.................... .... • ,,500.00 0 , , EA a 1.500.00 $ 1.500.00 45 SETUP COST $ 1.500.00 1 EA $ 0 3 3 DAY $ 1,51200 $ 1,51200 46 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 3 3 DAY $ 2,340.00 $ 2,340.00 47 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 EA a 960.00 $ 960.00 T $ 960.00 1 EA $ 960.00 0 OS ..6 48 BREAKDOWN C ..............•..,.... b1d3!b5€€€€ ; IIY4�!Ht '• :::: € ::::: :;:;ya�7.... ....... 1 1 EA $ 1.500.00 $ 500. $ . 1.500.00 1 EA $ 1,500.00 0 49 SETUP COST g 6 DAY a 3,024.00 a 3,024.00 50 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 g 6 DAY a 4.880.00 a 4,880.00 51 MAINTAIN OPERATIONS OF PUMPS a 780.00 1 DAY $ 780.00 0 1 1 A $ 980.00 $ 980.00 $ 960.00 , EA $ 960.00 0 T :.:.:.:.:.:::::52 BREAKDOWN COS .00 500 1$ 1,500.00 , EA r7im 0 1 , Eo a 1.500.00 $53 SETUP COST p 7 7 DAYS 3,528.00 a 3.528.00 54 PUMP BARE RENTAL $ 504.00 1 DAY 5 480.00 7 7 DAY a . 5,480.00 a 55 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY 0 1 1 A $ 460.00 $ 960.00 T $ 980.00 1 EA 0 S CO :::::;:;:::::;::::;::::::::::::::::::::::::::::::::::::::::::::::::: 58 BREAKDOWN .......... ....... :E� �E3blulrob �s;SINS;((�1� ��� ;; ; ;; �:': :::::::s�:: i'•:'::�•...:-.�•............... .... ............... ...... .... , 0.00 1 EA $ 1,500.00 0 1 1 EA $ 1,500.00 $ 1. 57 SETUP COST $ 150 3 3 DAY $ 1,51200 a 1,512.00 58 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 3 3 DAY a 2,340.00 $ 2,340.00 59 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 EA $ 960.00 a 960.00 80 BREAKDOWN COST $ 960.00 1 EA $ 960.00 0 I U TOTAL WORK TOTAL WORK U N PREVIOUS COMPLETE COMPLETE N TOTAL TOTAL REM UNIT CONT. I CONTRACT TOT.WORK TO DATE THIS BILLING I AMOUNT AMOUNT NO. DESCRIPTION/LOCAT O PRICE QTY T AMOUNT COMPLETE QTY QTY T THIS BILLING COMPLETED itf1,5/0,......... 1 1 EA $ 1.500.00 $ 500 .00 61 SETUP COST $ 1,500.00 1 EA $ 1,500.00 0 82 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 4 4 DAY $ 2,016.00 $ 2,016.00 q 4 DAY $ 3,120.00 $ 3,120.00 63 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 EA $ 960.00 $ 960.00 64 BREAKDOWN COST $ 960.00 1 EA $ ......aso:oo .-.•.•.•.-.•.°•.•.•.:•:•:•::•:•:•:•:•:•:•::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::: ;E i 3b113#lQ� i`•E: E l�fieCFNO11�1 iii;: ?S i?i:;.i s??;;; 50 .......... 1 1 EA $ 1,500.00 $ 65 SETUP COST $ 1.500.00 1 EA $ 1.500.00 0 88 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 4 4 DAY $ 2,016.00 $ 2,016.00 q 4 DAY $ 3,120.00 $ 3,120.00 67 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 EA $ 960.00 $ 960,00 68 BREAKDOWN COST $ 980.00 , EA $.......960.00..............°......:.:.:.::.:.:.:.:.:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::::= ...00 -:'' �SEi::;:;::i:i:iiiii:iiiii ; :'•:::::::::isisi::;:;:;:;:i:;:;:i:;:;:::isi::::i::::::::�::::::::::::::::::::::::::::::::::�::::::::::::::�:�::;::::::::::::::;::::::::::::::�::::: :::::::�:�:-:•: •� s`3i1�11A1? EEiii :E;i E iEEEifi i 117r ........... 1 1 EA $ 1,500.00 $ 69 SETUP COST $ 1,500.00 1 EA E 1,500.00 0 70 PUMP BARE RENTAL $ 504.00 1 DAY $ 504.00 0 10 10 DAY $ 5,040.00 $ 5,040.00 10 10 DAY $ 7,800.00 $ 7,800.00 71 MAINTAIN OPERATIONS OF PUMPS $ 780.00 1 DAY $ 780.00 0 1 1 EA $ 960.001 $ 960.00 72 BREAKDOWN COST $ 960.00 1 EA $ 960.00 0 $ 43,988.00 SUBTOTAL $ 182,952.00 $ 182,952 00 TOTAL AMOUNT BID TOTAL AMT WORK DONE TO DATE $ 182,952.00 MATERIALS ON HAND $ TOTAL OF WORK 3 MATERIALS $ 182,952.00 LESS REATINAGE(WA) $ LESS PREVIOUS BILLINGS $ TOTAL DEDUCTIONS $ 182,952.00 AMOUNT DUE CONTRACTOR ?` $ APPROVED: *w �J BRYSTAR CONTRACTING,INC. OF BEAUMONT DATE: DATE: October 20,2005 i i 7 December 13, 2005 Consider amending Section 13-16 of the Code of Ordinances relating to health fees(Birth and Death Certificates) ceji - j Cl of Beaumont Council Agenda Item M 1XIMANNEWIMIMM12 EL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 5, 2005 REQUESTED ACTION: Council consider the approval of amendments to the existing health fees (birth and death certificate fees) as specified in Chapter 13; Section 13-16. RECOMMENDATION: Administration recommends the adoption of the proposed amendment to the ordinance. BACKGROUND: The Texas Department of State Health Services has officially amended the Texas Administrative Code Title 25 Chapter 181 increasing the fees for search and issuance of birth and death certificates. The new fees became effective December 1, 2005. As required by Texas Health and Safety Code Chapter 191.0045 local registrars must charge the same fees as charged by the state office. Currently, the Beaumont Health Department charges $12.83 per copy for a birth certificate. This fee has increased to $22.00. The Health Department currently charges $9.00 for the first copy of a death certificate and$3.00 for each additional copy of the same certificate. This fee has increased to$20.00 for the initial certificate and $3.00 for each additional certificate ordered at the same time. Additionally,under Texas Health and Safety Code 191.004(h)local registrars may collect a fee not to exceed$1.00 for the preservation of vital records. This fee is collected by the local registrar upon issuance of a vital statistics record. This will increase the fee charged for birth certificates to$23.00 per certificate and the fee for the first death certificate to $21.00 and $3.00 for each additional certificate. BUDGETARY IMPACT: Birth and Death Certificates produced $197,906 in revenue in FY 2005. 0 Agenda Item p.2 December 5, 2005 PREVIOUS ACTION: No previous action has been taken on this recommendation. SUBSEQUENT ACTION: No subsequent action is anticipated. RECOMMENDED BY: City Manager and Public Health Director. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 13, SECTION 13-16, OF THE CODE INCREASING AMEND BIRTH AND DEATH CERTIFICATE HEALTH FEES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; PROVIDING FOR A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Chapter 13, Section 13-16, of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to increase the birth and death certificate fees as follows: "Sec. 13-16. Health fees. The Beaumont Health Department is hereby authorized to charge fees for services in accordance with the following schedule: Activity Amount Birth and death certificate fees: (1) Issuing a certified copy of a birth certificate . . . . . . . . 23.00 (2) Issuing a certified copy of a death certificate . . . . . . . 21.00 Note: The fee for the first certified copy of a certificate of death is $21.00, and the fee for each additional copy of the same certificate requested at the same time is $3.00. 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. Section 5. This ordinance shall be effective from and after December 1, 2005. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2005. - Mayor Guy N. Goodson - • S December 13, 2005 Consider approving a six(6) month contract for the purchase of asphaltic concrete i 0 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Internal Services Director MEETING DATE: December 13, 2005 AGENDA MEMO DATE: November 29, 2005 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$139,000. 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 only APAC-Texas 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, and has previously held the contract satisfactorily. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: $45.00 per ton for hot laid concrete-plant pickup, $49.25 per ton for jobsite delivery; and $49.00 per ton for cold laid concrete - plant pickup, $52.65 per ton for jobsite delivery. The prior contract period prices were as follow: $36.00 per ton for hot laid concrete - plant pickup, $40.00 per ton for jobsite delivery; and $40.85 per ton for cold laid concrete - plant pickup, $44.50 per ton for jobsite delivery. Six(6)Month Contract for Asphaltic Concrete November 29, 2005 Page 2 BUDGETARY IMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Internal Services Director, and Public Works Director. 9 December 13, 2005 Consider adopting an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase a City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 5, 2005 REQUESTED ACTION: Council consider adopting an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase. RECOMMENDATION The administration recommends approval of an ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase. BACKGROUND The Council adopted an Interim Order ordinance on August 30,2005 requiring CenterPoint Energy Entex(Entex)to inform the City when Entex would republish its public notice in satisfaction of state law and when Entex intended to update its stale test year data. Instead of complying with the Interim Order, Entex chose to appeal the order to the Railroad Commission. The Commission refused to docket CenterPoint's appeal as premature. Entex still has not caused public notice to be published that complies with the law or complies with the Interim Order adopted by the Council. In connection with its appeal, Entex did,however,update its test year data but has refused to answer any discovery regarding the updated test year data. Entex has also taken the position that it would not republish public notice as the law requires. AGENDA MEMO DATE: December 5, 2005 MEETING DATE: December 13, 2005 REQUESTED ACTION: Ordinance requiring CenterPoint Energy Entex to cease and desist from charging illegal and unlawful rates and to refund to all customers any monies received from the implementation of the unlawful rate increase. As a precautionary measure, the City adopted a procedural resolution on October 18, 2005 indefinitely suspending the effective date of Entex' rate request and also allowed Entex another opportunity to cure its notice problem. The concern is that the failure to publish meaningful public notice may render any decision made by the City Council null and void. Entex was ordered by the City on more than one occasion to publish notice in a manner consistent with Texas law. The Texas Utilities Code §104.103 (c)(1)requires that Entex may not put its proposed rate increase into effect without proper notice to customers. On or about November 3,2005,Entex implemented its proposed increase in base rates to customers inside the City limits of the City of Beaumont. The ordinance proposed would order Entex to cease and desist from charging the rate increase implemented on November 3, 2005 and to refund to customers any monies received from the implementation of the unlawful rate increase. It is recommended that the Council issue this cease and desist order to CenterPoint Energy Entex and require refunds to customers charged this illegal increase. BUDGETARYIMPACT Cities are entitled to rate assistance and cost reimbursement of their reasonable rate case expenses for participating in or conducting a rate-making proceeding. We expect that,as in the past,the City of Beaumont will be reimbursed for any expense incurred in this matter. PREVIOUS ACTION City Council passed Resolution 05-160 on June 30, 2005 suspending CenterPoint Energy's rate increase request for ninety (90) days. On August 30, 2005, Council adopted Interim Order Ordinance No. 05-068 to have CenterPoint Energy comply with state law by providing adequate notice of its proposed rate increase. Council adopted procedural Resolution No.05-215 on October 18, 2005 to indefinitely suspend CenterPoint Energy's request for a rate increase in order to allow time for CenterPoint to comply with the City's Interim Order to properly comply with the state's notice requirements. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney ORDINANCE NO. AN ORDINANCE WHICH SHALL CONSTITUTE AN ORDER BY THE CITY OF BEAUMONT, TEXAS ("CITY') TO REQUIRE CENTERPOINT ENERGY ENTEX ("ENTEX") TO CEASE AND DESIST FROM CHARGING ILLEGAL AND UNLAWFUL RATES AND REQUIRING REFUNDS; TO REQUIRE THE FILING OF A REPORT WITH REGARD TO COSTS EXPENDED BY ENTEX IN CONNECTION WITH THE APPEAL OF ORDINANCE NO. 05-068; MAKING FINDINGS WITH REGARD TO THIS ORDER; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on or about June 30, 2005, CenterPoint Energy Entex("ENTEX")filed with the City Secretary for the City of Beaumont ("City") a request to increase base rates; and, WHEREAS, ENTEX requested that base rates for the typical residential customer be increased by 40.63% or approximately $5.00 per month and ENTEX requested that service charges, like the charge to initiate service, be increased in the aggregate by 484.93%; and, WHEREAS, ENTEX is required by law to publish notice of its proposed increase in a newspaper of general circulation in Jefferson County, Texas; and, WHEREAS, ENTEX was ordered by the City on more than one occasion to publish notice in a manner consistent with Texas law; and, WHEREAS, ENTEX has failed to comply with the lawful orders of the City and has refused to publish notice in a manner that is consistent with Texas law. WHEREAS, ENTEX may not put its proposed rate increase into effect without causing notice, as required by Section 104.103(a)(1) of the Texas Utilities Code, to be published in a newspaper of general circulation in Jefferson County, Texas; and, WHEREAS, ENTEX unlawfully put its proposed rate increase into effect on or about November 3, 2005; and, WHEREAS, ENTEX should immediately stop charging any change in base rates, which were implemented on or about November 3, 2005; and, WHEREAS, ENTEX should refund to its customers any monies received resulting from the implementation of the change in rates that occurred on or about November 3, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: SECTION 1. FINDINGS Finding No. 1: ENTEX is unlawfully and illegally charging base rates in excess of its lawful rates. Finding No. 2: ENTEX's rate request is not properly before the City Council and the City may not make a final decision on ENTEX's rate request until ENTEX has published notice consistent with Section 104.103(a)(1) of the Texas Utilities Code. Finding No. 3: ENTEX has on more than one occasion failed to comply with the orders of the City to publish notice in a manner, which is consistent with Section 104.103(a)(1) of the Texas Utilities Code. Finding No. 4: There is no rate case in effect and no effective date for increasing rates until public notice consistent with Section 104.103(a)(1) of the Texas Utilities Code has been published. Finding No. 5: While maintaining its position that the rate request was not properly before the Council due to defects in publication, out of an abundance of caution, the City suspended the effective date stated in Entex's rate request indefinitely due to the failure to publish notice consistent with Texas law. Finding No. 6: This order is not based upon any particular test year but is issued due to the charging of illegal or unlawful rates by ENTEX. Finding No.7: ENTEX made a filing with the City on or about September 21, 2005, which made some of the information provided earlier obsolete or inaccurate. Finding No. 8: ENTEX has refused to answer any requests for information (discovery) with regard to its September 21, 2005 filing. SECTION 2. CEASE AND DESIST ORDER ENTEX is hereby ordered to cease charging base rates that exceed the rates in effect on November 2, 2005. This order is not a final decision on ENTEX's request to increase rates, which were filed with the City on June 30, 2005. This order simply prohibits, and orders the return of increased revenue resulting from, the increase in base rates without complying with Section 104.103(a)(1) of the Texas Utilities Code. This order does not constitute a decision on the merits of the June 30, 2005 filing of the Statement of Intent with the City. SECTION 3. REFUNDS ENTEX is hereby ordered to return the increase in revenues resulting from the unlawful increase in base rates that began on or about November 3, 2005. Refunds may be implemented by way of credits on the customers' bills who have been overcharged. Refunds shall begin no later than December 26, 2005. SECTION 4. REPORT ENTEX shall submit the report called for by Section 5 of Resolution No. 05-215 to the City Manager no later than December 26, 2005. SECTION 5. ENTEX RESPONSE REQUIRED ENTEX is hereby ordered to advise the City in writing of its intent to comply with this order within ten days of the effective date of this ordinance. SECTION 6. EFFECTIVE DATE This ordinance shall become effective upon passage. SECTION 8. PASSED AT OPEN MEETING That the meeting at which this Ordinance was passed was conducted in strict compliance with the Texas Open Meetings Act (Texas Government Code Chapter 551). SECTION 6. NOTICE TO ENTEX A copy of this Ordinance shall be faxed to Mr. Chuck Harder, Executive Director of Rates and Regulatory, CenterPoint Energy Entex at (713) 207-0046 within seventy-two hours of the adoption of this Ordinance along with a copy by regular mail to Mr. Harder at 1111 Louisiana, Houston, Texas 77005. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2005. - Mayor Guy N. Goodson - ATTEST: APPROVED AS TO FORM 10 December 13, 2005 PUBLIC HEARING: Receive comments relating to reestablishing a juvenile curfew ordinance and review the effects of the curfew ordinance on the community Consider reestablishing Chapter 9 of the Code of Ordinances relating to a juvenile curfew ordinance City of Beaumont 11911 �= EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: December 13, 2005 AGENDA MEMO DATE: December 6, 2005 REQUESTED ACTION: Conduct a public hearing on the need for a juvenile curfew ordinance and review the effects of the ordinance on community Consider reestablishing Chapter 9 of the Code of Ordinances relating to a juvenile curfew ordinance RECOMMENDATION The Administration recommends reestablishment of a curfew ordinance for minors. BACKGROUND In July of 1994, the City Council adopted Ordinance No. 94-34 which created a new Chapter 9 establishing a curfew for minors. In 1995, Ordinance 95-37 was adopted which modified the curfew hours for minors. In July of 2001, the City Council reestablished the curfew for minors. Texas Local Government Code 370.002 requires that a home-rule municipality which has adopted a juvenile curfew ordinance periodically review the ordinance and its effect on the community and identify any problems with the ordinance or problems the ordinance was intended to remedy. The statute also provides for conducting public hearings on the need to continue the ordinance and provides for abolishing, continuing, or modifying the ordinance. Ordinance 94-34 as modified by Ordinance 95-37 and Ordinance 01-056 has been extensively reviewed by the Police Department and determined to be effective in regard to promoting the safety and well being of the city's youngest citizens(persons under the age of 17), fostering and strengthening parental responsibility for children, decreasing truancy in the Beaumont Independent School District, and serving to promote the general welfare and protection of the public through the reduction of juvenile violence and crime within the city. Reestablishment of the juvenile curfew ordinance would provide a tool to the community, school district, and city to continue the beneficial aspects of a curfew ordinance. BUDGETARY IMPACT None. PREVIOUS ACTION Adoption of Ordinance 94-34 in 1994 and Ordinance 95-37 in 1995, and Ordinance 01-056 in July 2001. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. ORDINANCE NO. ENTITLED AN ORDINANCE REVIEWING AND READOPTING CHAPTER 9 OF THE CODE OF ORDINANCES ESTABLISHING A CURFEW FOR MINORS; ESTABLISHING HOURS AND DEFINITIONS; PROVIDING A PENALTY CLAUSE; CITING SPECIFIC EXCEPTIONS AND DEFENSES; PROVIDING AN EFFECTIVE . DATE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR REPEAL. WHEREAS, the Texas Local Government Code Section 370.002 requires the City Council to conduct a public hearing on the need to continue a Juvenile Curfew Ordinance; and, WHEREAS,the City Council has reviewed the ordinance's effects on the community and on the problems the ordinance was intended to remedy; and, WHEREAS, the City Council is of the opinion that sufficient need exists to continue the Juvenile Curfew Ordinance within the City of Beaumont, Texas: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT Chapter 9 of the Code of Ordinances of the City of Beaumont is hereby readopted to read as follows: CHAPTER 9 Section 9.1 PURPOSE The purpose of this ordinance is to: (A) promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the City; IS (B) promote the safety and well-being of the city's youngest citizens, persons under the age of seventeen (17), whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and, (C) foster and strengthen parental responsibility for children. Chapter 9 CURFEW FOR MINORS Seca 9-2. Definitions. Curfew hours for minors: Sunday 11:00 p.m. to 6:00 a.m. Monday 11:00 p.m. to 6:00 a.m. Tuesday 11:00 p.m. to 6:00 a.m. Wednesday 11:00 p.m. to 6:00 a.m. Thursday 11:00 p.m. to 6:00 a.m. Friday 12:00 a.m. to 6:00 a.m. Saturday 12:00 a.m. to 6:00 a.m. Emergency: An unforeseen combination of circumstances or the resulting state that calls for immediate action.The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, any situation requiring immediate action to prevent serious bodily injury or loss of life, or a serious medical condition of sudden onset. 0 Minor: Any person under seventeen (17) years of age who has not been emancipated by court order pursuant to Chapter 31 of the Texas Family Code. Parent: A person who is: (A) A person who is a minor's biological, adoptive, or step-parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement); (B) A person who is the biological or adoptive parent with whom a minor regularly resides; (C) A person judicially appointed as a legal guardian of the . minor; and/or, (D) A person eighteen (18) years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in part(s)(a), (b) or (c) of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances). Guardian: A person who: (A) Under court order, is the guardian of the person of a minor; or (B) Is a public or private agency with whom a minor has been placed by a court. Public place: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, parks,streets, highways,the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, shopping malls, and shall include parking facilities adjacent to the same. Establishment: Any privately-owned or leased place of business or leased public facility operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment, such as theaters and game rooms. Operator: Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation. Remain: (A) Linger or stay at or upon a place (premises); or (B) Fail to leave the place/premises when requested to do so by a police officer or the owner, operator, or other person in control of the place/premises. Serious bodily injury: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Sec. 9-3. Offenses. (A) It shall be unlawful for any minor to knowingly remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (B) A parent or guardian of a minor commits an offense if he or she knowingly permits, encourages, or by insufficient control allows a minor to remain in or upon any public place, or to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the city during curfew hours for minors. (C) The owner, operator, or any employee of any private establishment or the lessee of any public facility commits an offense if he or she knowingly permits, allows, or encourages a minor to remain in or upon the premises of the establishment during curfew hours for minors. (D) It shall be unlawful for any person (including any minor) to give a false name, address, date of birth, or telephone number to any officer investigating a possible violation of this section 9.3. Sec. 9-4. Defenses. (A) It is a defense to prosecution under offenses that the minor was: (1) Accompanied by the minor's parent or guardian; (2) Accompanied by an adult authorized by a parent or guardian; (3) On an errand at the direction of the minor's parent or guardian, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand,the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or, (4) In a motor vehicle involved in interstate travel; (5) Engaged in an employment activity, or going to or returning home from an employment activity,without any detour or stop; (6) Involved in a case of "reasonable necessity" after parental notification of the police; (7) Involved in an emergency; (8) On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor did not complain to the police department about the minor's presence; (9) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by, the City of Beaumont, a civic organization, or another similar entity that takes responsibility for the minor, as well as going to or returning ome from the same without an detour 9 Y or stop. (10) Exercising First Amendment rights protected by the United States Constitution,such as the free exercise of religion, freedom of speech, and the right of assembly; (11) Married or had been married or had disabilities of minority removed in accordance with Chapter 31 of the Texas Family Code. (12) Engaged in lawful volunteer or charity work at a recognized charity institution or is going to or coming from such activity without detour or stop. (B) It is a defense to prosecution under subsection 9-3(C) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave. Sec. 9-5. School age to be in school. (A) Compulsory school age to be in attendance at school; parental duties imposed. (1) No minor between the ages of six (6) and sixteen (16), inclusive other than a minor that has been suspended or expelled from school, shall be at any place within the city except in attendance at school between the hours of 9:00 a.m. and 3:00 p.m.during any official school day, unless the minor has written proof from school authorities excusing him or her from attending school at that particular time, or unless the minor is accompanied by a parent or legal guardian, or a responsible adult selected by the parent or legal guardian to supervise the minor. (2) Each parent or legal guardian of a minor between the ages of six (6) and sixteen (16), inclusive, shall have a duty to prohibit the minor from behaving contrary to subsection 9-5(a)(1) of this section. No person shall fail to fulfill the duty imposed by the section. (3) Any person who violates subsection 9-4(a)(2)of this section is guilty of failing to supervise a minor of compulsory school age. (B) Children suspended or expelled from school to remain under supervision; parental duties imposed. If a minor between the ages of six (6) and sixteen (16), inclusive, is suspended or expelled from school, then each parent or legal guardian of the minor shall have the following duties for the duration of the suspension or expulsion: (1) The duty to personally supervise the minor, or to arrange for a responsible adult to supervise the minor, at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled; and, (2) The duty to prohibit the minor from being at any establishment or public place at the times that the minor would have been required to be in attendance at school had he or she not been suspended or expelled, except in the circumstances found in section 9-4 hereof. (C) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall fail to comply with supervision provided or arranged by a parent or legal guardian pursuant to subsection 9-5(b) of this section. (D) No minor between the ages of six (6) and sixteen (16), inclusive, that has been suspended or expelled from school shall be in any establishment or public place at the times that he or she would have been required to be in attendance at school or employment had he or she not been suspended or expelled, except in the circumstances described in section 9-4 hereof. Sec. 9-6. Penalties. (A) It shall be unlawful to intentionally, knowingly, recklessly, or with criminal negligence violate this section. Such violation shall be a Class C misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00). (B) A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. (C) When required by Section 51.08 of the Texas Family Code, as amended, the municipal court shall waive original jurisdiction over a minor who violates subsection 9-3(A) of this section and shall refer the minor to juvenile court. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of December, 2005. - Mayor Guy N. Goodson -