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HomeMy WebLinkAboutPACKET APR 25 2006 10011w City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25, 2006 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve a bid for the purchase of one (1) pneumatic pipe bursting unit for use in the Water Department B) Approve the purchase of a Bill Folder/Inserter for use in the Water Customer Service Division C) Approve the purchase of mobile computer mounting hardware for use in Police, Fire and EMS vehicles D) Approve the purchase of night vision equipment for use in the Police Department E) Authorize the City Manager to execute a Site Release Form with DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport F) Authorize the acceptance of a ten foot (10')wide water line easement providing access for fire prevention services G) Authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan A • City of Beaumont •� Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) pneumatic pipe bursting unit. iRECOMMENDATION Administration recommends award of a bid for the purchase of one (1) pneumatic pipe bursting unit to T.T. Technologies, Inc. in the amount of$56,197.38. BACKGROUND Bids were requested for one (1) pneumatic pipe bursting unit for use by the Water Utilities Department in the rehabilitation of failing sewer lines. This unit will be used for replacing pipe of up to twelve inches in diameter. The unit will complement two (2) Grundocrack pipe bursting machines currently owned and operated by the City. The traditional repair method of sliplining requires a reduction in pipe diameter for the replacement pipe, thereby reducing flow capacity. The specified bursting unit allows for the insertion of pipe of equal size or larger than that being replaced while simultaneously bursting the failed pipe. The bursting method is significantly faster than sliplining in replacing failed sewer lines, resulting in enhanced productivity and significant labor savings. Three (3) vendors were notified of the bid, with two (2) responding with bids. The bids received were as follow: Vendor Model Bid Delivery Bid Amount Earth Tool Company, L.L.C. Hammerhead Mole 30 days $29,825.79 Oconomowock,Wisonsin Purchase of Pneumatic Pipe Bursting Unit April 19, 2006 Page 2 Vendor Model Bid Delivery Bid Amount T.T.Technologies, Inc. Grundocrack Hercules 5-7 days $56,197.38 Aurora, IL The apparent low bidder, Earth Tool Company, took exception to several technical specification items. The most critical of the exceptions include an undersized hammer head(8" rather than 8.5" specified, thus delivers less bursting force), lack of a rear flair design (vendor quoted front flair design, which increases the risk of the bursting unit disengaging from the pipe during the bursting process), a hammer stroke speed of 223 strokes per minute rather than the 340 strokes per minute specified(reducing bursting unit efficiency). The exceptions reflect that the Hammerhead unit does not possess the bursting power and speed of the T.T. Technologies unit and is less efficient. Additionally,the unit would allow for common parts usage between existing and new pipe bursting equipment, and familiarity with machine operation by Water personnel. The unit bid by T.T.Technologies,Inc.has been reviewed by Water Utilities Department personnel, and meets all performance specifications. The unit is warranted against defects in material and workmanship for 90 days or 500 hours of actual use, whichever occurs first. The barrel and piston of the unit carry a one (1) year warranty, with a 90 day warranty on all other parts. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. RESOLUTION NO. WHEREAS, bids were received for the purchase of one(1)pneumatic pipe bursting unit for use by the Water Utilities Department; and, WHEREAS, T. T. Technologies, Inc.,Aurora, Illinois, submitted a bid in the amount of $56,197.38; and, WHEREAS, City Council is of the opinion that the bid submitted by T. T. Technologies, Inc., Aurora, Illinois, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by T. T. Technologies, Inc., Aurora, Illinois, in the amount of $56,197.38 for the purchase of one (1) pneumatic pipe bursting unit for use by the Water Utilities Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - B vow City of Beaumont •� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval to purchase a Folder/Inserter for Water Customer Service. RECOMMENDATION Administration recommends the purchase of a Hasler M8004 Folder/Inserter from Mark of Distinction, Inc. of Houston, Texas in the amount of$29,818. BACKGROUND Approximately 40,000 water bills are processed each month by Water Customer Service. The bill folder/inserter currently in use for the task was purchased approximately twelve(12)years ago.The machine has far exceeded its cycle count expectancy and is experiencing frequent malfunctions.Parts are increasingly difficult to locate for repairs because the model has been discontinued by the manufacturer. In order to avoid costly delays and further down time,replacement is necessary. The Hasler M8004 Folder/Inserter processes approximately 4,300 bills per hour and can handle up to eight(8)inserts and multi-page documents with speed and accuracy. Multiple feeder trays,large output bins,and high capacity envelope stackers contribute to continuous processing.The purchase price includes the delivery and installation of the equipment as well as training for an unlimited number of operators. A contract for Hasler brand mail processing equipment has been awarded by the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS) and is available to government entities. The TXMAS contracts comply with all state bidding statutes. Purchase of Folder/Inserter April 20, 2006 Page 2 BUDGETARY IMPACT Funds are available in the Water Utilities Fund for the purchase of a Hasler M8004 Folder/Inserter from Mark of Distinction, Inc. of Houston, Texas in the amount of$29,818. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Finance Officer, and Water Utilities Director. RESOLUTION NO. WHEREAS, bids were received for the purchase of a Folder/Inserter for the Water Customer Service Department; and, WHEREAS, Mark of Distinction, Inc. of Houston, Texas, submitted a bid in the amount of$29,818; and, WHEREAS, City Council is of the opinion that the bid submitted by Mark of Distinction, Inc. of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Mark of Distinction, Inc. of Houston, Texas, in the amount of $29,818 for the purchase of a Hasler M8004 Folder/Inserter for the Water Customer Service Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - c s City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle,Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider the purchase of mobile computer mounting hardware. RECOMMENDATION Administration recommends the purchase of mobile computer port replicators for $295 each and auto power adapters for$77 each from Austin Ribbon and Computer of Austin, TX. BACKGROUND In December 2005,Council approved the implementation of a public safety records management and computer-aided dispatch system. The system included the purchase of mobile computers for installation in Police, Fire, and EMS units. Installation of these mobile computers requires the purchase of 125 vehicle mount port replicators and 134 auto power adapters. Bids were solicited from eight (8) vendors and the following bids were received: Vendor 125 Port Replicator 134 Auto Power Adapter Unit Price I Total Price Unit Price I Total Price Austin Ribbon and Computer Austin, TX $295.00 $36,875.00 $77.00 $10,318.00 Portable Computer Systems, Inc. Houston, TX $309.00 $38,625.00 $88.00 $11,792.00 Mobile Mounting Solutions McKinney, TX $369.00 $46,125.00 $79.50 $10,653.00 Mobile Computer Mounting Hardware April 18,2006 Page 2 BUDGETARY IMPACT Funds are available in the Capital Improvement Project Fund for the purchase of mobile computer mounting hardware for the total amount of approximately$47,193. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. RESOLUTION NO. WHEREAS, bids were received for the purchase of mobile computer port replicators and auto power adaptors to mount on mobile computers purchased for installation in Police, Fire and EMS units; and, WHEREAS, Austin Ribbon and Computer of Austin, Texas, submitted a bid in the unit amounts shown below for an estimated total cost of$47,193: 125 Port Replicator 134 Auto Power Adapter Unit Price Total Price Unit Price Total Price $295.00 $36,875.00 $77.00 $10,318.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Austin Ribbon and Computer of Austin, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Austin Ribbon and Computer of Austin,Texas,forthe purchase of mobile computer port replicators and auto power adaptors to mount on mobile computers purchased for installation in Police, Fire and EMS units in the estimated total cost of$47,193 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - D City of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council approval to purchase night vision equipment for the Police Department. RECOMMENDATION Administration recommends the purchase of two (2) night vision infrared handheld cameras from DTC Communications, Inc. of Nashua, New Hampshire in the amount of$26,272. The contract for tactical surveillance equipment has been awarded by the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS) and is available to government entities. BACKGROUND Purchase of the night vision equipment will allow the Beaumont Police Department a tactical advantage in low-light pursuit and surveillance situations. The equipment utilizes an infrared system to detect heat variations to identify targets. The unit specified contains a camera with zoom capability which can record thermal images, assisting law enforcement officials in subsequent tactical decision making. The equipment is capable of detecting persons through walls and other solid objects, thereby creating a safer environment for law enforcement personnel. The equipment is being purchased in conjunction with other tactical law enforcement equipment to facilitate port security under an initiative by the Department of Homeland Security. The purchase price will include a one (1) year full warranty on all equipment. Warranty service will be provided by awarded vendor. Delivery is expected within four (4) weeks after receipt of order. BUDGETARY IMPACT Funding for this expenditure will be provided by a grant obtained from the Department of Homeland Security. Purchase of Night Vision Equipment April 19, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. i RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) night vision infrared handheld cameras for the Police Department; and, WHEREAS, DTC Communications, Inc. of Nashua, New Hampshire, through a contract with the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS), submitted a bid in the amount of$26,272; and, WHEREAS, City Council is of the opinion that the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, in the amount of$26,272 for the purchase of two (2) night vision infrared handheld cameras for the Police Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - E MAW, .l City of Beaumont qw- Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 17, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. BACKGROUND The City authorized Jefferson County's debris contractor, DRC Emergency Services, LLC to use the Beaumont Municipal Airport for the purpose of establishing a debris reduction site in September 2005. The site was used for the burning and chipping of wood debris from Hurricane Rita. The purpose of this Site Release Form is to document the agreement with DRC that the site restoration at the Beaumont Municipal Airport has been satisfactorily completed. In addition to Jefferson County's contractor, the Corp of Engineers contractor was also located at the Beaumont Municipal Airport. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. BUDGETARY IM PACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Authorization to use the Beaumont Municipal Airport as a debris reduction site by DRC was provided in September 2005. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager and Public Works Director DRCSiteReleaseForm.wpd April 17,2006 .l City of Beaumont : . A EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Stoneway L. P., a Texas limited partnership, has agreed to convey a ten foot (10') water line easement to the City of Beaumont in a Correction Water Line Easement document. This easement will provide mandatory access for fire prevention services across the Stoneway property, located p P off East Lucas Drive and described as follows: Line "A"—being 0.34 acres out of H. Williams Survey, Abstract 57; and Line `B"—being 0.35 acres out of H. Williams Survey, Abstract 57 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION The original easement was conveyed on October 14, 2005 with the authority of Resolution No. 05-210. It included an incorrect metes and bounds description,which will be corrected with this Correction Easement. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_stoneway2-ib.wpd 19 April 2006 RESOLUTION NO. WHEREAS, Stoneway L. P., a Texas limited partnership, has conveyed a ten-foot (10') Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services across the Stoneway property located off East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneway L. P., a Texas limited partnership, as described on Exhibit "A'.' be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ® ARCENEAUX & GATES CENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.34 ACRES OF LAND SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO. 57, BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "A" Being a 0.34 acre tract or parcel of land, a portion of that certain tract of land(called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County,Texas, as situated in and a part of the H.Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract, this point also marks the Southeast comer of the herein described tract of land; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 00 deg. 21 min. 08 sec. West, departing said right of way line along the West line of this tract,parallel with and 10.feet normal distance from the East line of said 15.453 acre tract a distance of 456.78 feet to an"ELL" comer; THENCE South 89 deg. 38 min. 52 sec.West a distance of 34.81 feet to an"ELL" corner; THENCE North 00 deg. 21 min. 08 sec. West a distance of 10.00 feet to an"ELL" corner; THENCE North 89 deg. 38 min. 52 sec. East a distance of 34.81 feet to an"ELL" comer; EXBIBIT "A" (1 of 8) .. '\\Agengsa cAa&g\A&G SURvBYING\METBS&BOUNDS\200A05-DCS-020-A.doc iTHENCE North 00 deg. 21 min. 08 sec.West, continuing along the West line of this tract,parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 920.07 feet to a point located on the North line of said 15.453 acre tract marking the Northwest comer of the herein described tract of land; THENCE South 89 deg. 40 min. 33 sec.East along the North line of said 15.453 acre tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap marked 3636 found marking the Northeast corner of said 15.453 acre tract and the Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec.East along the East line of said 15.453 acre tract with the East line of this tract a distance of 1436.87 feet to tbP—Southeast comer and PLACE OF BEGINNING and containing in area 14,716 square feet or 0.34 acres of land,more or less. Surveyed May, 2005 O ...1'F C ..Q� � Fo•.cs ......................................................... JOHN. ...BOB)HODGES v 4583 �Ago �•`� J . (Bob)Hodges,R.P.L.S. 4583 SU An Exhibit accompanies this metes and bounds description Bearings referenced to the North Right of Way line of East Lucas Drive North 89 deg. 37 min. 01 sec. West- deed EXHIBIT °A" (2 of 8) .. '\\Agengservte4&&\A&G SURVBYWr,\MBTW&BOUNDS\2005\05-DCS-020-A.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BEAUMONT COUNTRY CLUB DUVALL FlRST CORP. VOL 1310 PG. 194 CF NO. 2004036328 ORJC OPRJC FND 5/8' SR L7 W/CAP 3636 � 15.453 ACRES I A STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 1 OPRJC 0 100 200 SCALE IN FEET s o• �� I >r g a A �WS O NEGLEY STREET LINE "B• II I --- --_ �_ -_______- � w I z� �a3 Y �1 m U_a xz� O�N BEAUMONT INDEPENDENT SCHOOL DISTRICT 1 W OF JEFFERSON COUNTY, TEXAS LINE "A'" a VOL 1083 PG. 453 1 14,716 SQ. FT. DRJC I 0.34 ACRES OF 7F LINETABLE �Ll NUMBER DIRECTION DISTANCE PGA T R L1 I N 89'37'01" W 10,00' 1 0.::••• I L2 I N 00'21'08" W 1 456.78' .....••• '' F L3 S 89'38'52" W 34.81' B L4 I N 00'21'08" W 110.00' 1 L5 N 89'38'52' E 34.81' '•:•0 45 I Q '•.90 L6 I N 00.21'08' W--j 970.07' L7 IS 89'40'33' E 10,00' 'YQ L8 S 0921'08' E 1436.87' 1 I NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. LINE OF EAST LUCAS DRIVE N 89' 37' 01" W B SR FND 5 DEED. I / 2. THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.0.13_ LINE "A" EXHIBIT "A" (3 of 8) LINE"A" ® EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.34 ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP ARCENEAUZ Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. & ffiigSnsen 8ungore Plenaen - GATE3 SURVEY,ABSTRACT NO.57 ,s BEAUMONT,JEFFERSON COUNTY,TEXAS j ALVA ARCENEAUX ARCENEAUX & GATES & Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.35 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY,ABSTRACT NO. 57) BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE `6B" Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES,commence at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast corner of the above described 15.453 acre tract; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for corner; THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel _ with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 862.79 feet to a point marking the lower Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE West a distance of 447.36 feet to an angle point for corner; THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point for corner; EXHIBIT "A" .(4 of 8) C:1A&GkM&.B\2005W 5-DCS-020-B.aoc One Turtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Pnrt A.+h. TV'MAo Ano/"n� THENCE North a distance of 6.40 feet to an angle point for corner; THENCE West a distance of 275.76 feet to a point located on the upper West line of said 15.453 acre tract and the East Right of Way line of Pennock Avenue marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and upper West line of said 15.453 acre tract with the West line of this tract a distance of 10.00 feet to a point marking the Northwest comer of the herein described tract of land; THENCE East, departing said East Right of Way line a distance of 275.81 feet to an angle point for corner; THENCE North a distance of 99.46 feet to an angle point for corner; THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38 deg. 24 min. 52 sec., an are distance of 181.23 feet, a chord distance of 177.85 feet and a chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner; THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17 deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for comer; THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35 deg. 02 min. 32 sec., an are distance of 127.20 feet, a chord distance of 125.23 feet and a chord bearing of North.73 deg. 33 min. 29 sec. East to an angle point for comer; THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking the upper Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a distance of 10.00 feet to a point marking the upper Southeast comer of the herein described tract of land; EXHIBIT "A" (5 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc 4. THENCE South 89 deg. 38 min. 52 sec. West a distance of 212.86 feet to an angle point for comer; THENCE along a curve to the left having a radius of 197.98 feet, a central angle of 35 deg: 04 min. 01 sec., an are distance of 121.17 feet, a chord distance of 119.29 feet and a chord bearing of South 73 deg. 34 min. 14 sec.West to an angle point for comer; ::THENCE South 38 deg. 12 min. 42 sec. East a distance of 16.16 feet to an angle point for comer; THENCE South 51 deg.47 min. 18 sec. West a distance of 10.00 feet to an angle point for coiner; `...'-THENCE North 38 deg. 12 min. 42 sec..West a distance of 10.00 feet to an angle point or comer; THENCE along a curve to the left having a radius of 351.00 feet, a central angle of 14 deg.:17 min. 54 sec., an arc distance of 87.59 feet, a chord distance of 87.36 feet and a ch6�td bearing of South 45 deg. 33 min. 49 sec. West to an angle point for corner; THENCE along a curve to the left having a radius of 260.30 feet, a central angle of 38 deg..24 min. 52 sec., and are distance of 174.52 feet, a chord distance of 171.27 feet and a:chord bearing of South 19 deg. 12 min. 26 sec. West to an angle point for comer; THENCE South a distance of 110.73 feet to an angle point for comer; THENCE South 53 deg. 51 min. 33 sec. East a distance of 22.39 feet to an angle point For comer; THENCE North a distance of 15.37 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; T�iENCE South a distance of 17.47 feet to an angle point for corner; EXHIBIT "A" (6 of 8) C:a&GSM&H\2005103-DCS-020-B.doe THENCE East a distance of 385.19 feet to an angle point for comer; THENCE North a distance of 17.60 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; THENCE South a distance of 17.60 feet to an angle point for corner; THENCE:East`a distance of 41.72 feet to a point marking the lower Northeast corner of the herein.de§6d tract of land; THENCE;Saiffi 00 deg. 21 min. 08 sec. East along the lower East line of this tract a :di Lance of 10:.00 feet to the lower Southeast comer and PLACE OF BEGINNING and containing iz ;area 15,402 square feet or 0.35 acres of land, more or less. S.of rF Surveye d'I�Taji; 2005 Q�`G� �9Fo N :. JOHN R:(BOB)Hp DGES ... 4583 ....v:,....p P`•:9 y••.o,� slob pQ' ° SURV Jo (Bob) Hodges,R.P. #4583 / ' `tin Ei�lubit accompanies this metes and bounds description Bearings:"referenced to the North Right of Way line of East Lucas Drive I+lorth.99 dog 37 min. 01 sec. West- deed '~An (7 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BF-AUA40NT COUNTRY CLUB DUVALL FIRST CORP. VOL. IJIO PG. 194 CF NO. 2004036328 ORJC OPfFND 5/8" SR W/CAP 3636 15.453 ACRES STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 I. 0 100 200 OPRJC � 3 SCALE IN FEET uo u1 A C — —— —Lt 2 — 2 J � V � UNE "A" ^t���o wd P V C�i t 5,402 S0. FT. o ^o 'I 0.35 ACRES I J NEGLEY STREET I� L17 LIS J 1-19 L23s = - - -L21 - - --� ' L26 l3 �~ LINE °B•' i LINE TABLE Z a NUMBER DIRECTION DISTANCE w w I L1 N 8937'0 W 10-00' d U L2 N 00'21'08' W 862.79' L3 WEST 447.36' U w^ I L4 N 5551'33" W 34.29' O a L5 NORTH 6.40' Al, OF 7'� z J I L6 WEST 275.76' ,•" W BEAUA40NT INDEPENDENT SCHOOL DISTRICT L7 N 00'18'40' W 10.00' I �Q` (j�s EA '•..(� OF JEFFERSON COUNTY, TEXAS LB EAST 275.81' VOL. 1083 PG. 453 I L9 NORTH 99.46' �•' DRJC L10 N 89'38'52' E 212.70' '. R.�Bp . Q I L11 S 00'21'08" E 10.DO' L12 S 89'38'52" W 212.86' L 13 S 38'12'42" E 16.16' L14 S 51'47'18' W 10.00' L15 SOUTH 38`12'42" W 16.46' L17 S 53'51'33" E 22.39' CURVE TABLE I LIB NORTH 15.37 NUMBER RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD DIRECTION I L19 EAST 10.00' Cl 270.30 38 24'52" 181.23 177.85 N 19'12'26" E L20 SOUTH 17.47' C2 361.00 1737'22" 111.03 110.60 N 4713'33" E I L21 EAST 385.19' C3 207.98 35'02'32" 127.20 125.23 N 73'33'29" E I L22 NORTH 17.60' C4 260.30 38 2#'S2" - 174.52 171.27 S 19'12'26"'VI° L23 EAST 141.72-.00' C5 351.00 14'17'54" 87.59 87.36 5 4533'49" W I L24 SOUTH 7.60' C6 197.98 35'04'01' 121.17 119.29 S 7534'14' W L25 EAST 1-26 S 00'21'08" E 0.00' NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. UNE OF EAST LUCAS DRIVE N 89' 37' 01" W DEED. I FND 5/8' SR 2. THIS EXHIBIT ACCOMPANIES A METES AND I. W/COP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.O.C. LINE "B" EXHIBIT "A" (8 of 8) LINE"B" ARrGA® ARCENEAUX do GATES EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.35 AjTES X _Consulting Engineers, Inc. ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP E��°°'" snc�e7on Plaaanrw 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO,57 BEAUMONT,JEFFERSON COUNTY,TEXAS ^'2 c _Projecl� G PROD C 3 AC IV DCS-010 WINGS UrteB.dwq G City of Beaumont Council Agenda Item Imm K. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Human Resources Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan. RECOMMENDATION Administration recommends that Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan, which provides for an elimination of the Plan Administration fee and Mutual Funds Fee. BACKGROUND Full time city employees are offered the option of participating in the 457 Deferred Compensation Plan with the ICMA Retirement Corporation. As a result of the employer's use of EZLink for enrollment and contribution processing over the term of the agreement, the current plan administration fees of.55%for Vantage Trust Funds and the current VT Mutual Fund Series Service Fees of.70%will be eliminated. The 457 Deferred Compensation Program(ICMA)is a voluntary,tax-deferred program designed to help supplement the employee's income at retirement. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the amendment of the 457 Deferred Compensation Plan with the ICMA Retirement Corporation to eliminate the Plan Administration fee and Mutual Funds Fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 0 ML City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider passing one of three ordinances relating to the prohibition of smoking in specific public places 2. Consider approving a contract for property insurance 3. Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund 4. Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club 5. Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department 6. Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits 7. Consider approving a request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel 8. Consider approving a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore 9. Consider approving a settlement agreement with CenterPoint Energy 10. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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: Shane Landry v City of Beaumont 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. � 1 April 25, 2006 Consider passing one of three ordinances relating to the prohibition of smoking in specific public places City of Beaumont M 117EJ7!J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider passing one of three ordinances relating to the prohibition of smoking in specific public places. BACKGROUND Secondhand smoke is a mixture of smoke given off by the burning end of a tobacco product and the smoke exhaled from the lungs of smokers. It is involuntarily inhaled by non-smokers, lingers in the air, and can cause or exacerbate a wide range of adverse health effects including cancer,respiratory infections, and asthma.. The U.S. Surgeon General has determined that the simple separation of smokers and non-smokers within the same airspace may reduce,but does not eliminate,the exposure of non-smokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses with high rates of ventilation. The purpose of this ordinance is to protect the public's health and welfare by prohibiting smoking in public places and places of employment and to guarantee the right of non-smokers to breathe smoke- free air. The three versions which are submitted for your consideration include a 100%ban of smoking in all public places. "Public places"is defined as any enclosed area or portion thereof that is accessible by the public or to which the public is admitted by general invitation. This definition includes any enclosed work place. The second ordinance,which has been referred to as the"less than 100%version,"generally prohibits smoking in public places with exception made for smoking in designated areas. It allows smoking in restaurants and bars if the owner and/or operator secures a smoking permit,restricts admission to persons under the age of 18 unless accompanied by a parent or legal guardian, and the designated area is fully enclosed and equipped with a separate air conditioning system and separated from a dining area by an impermeable wall. These facilities would be inspected and permits renewed by the Health Department on an annual basis. Version three ensures that eating places are 100%smoke-free and allows smoking in drinking places or bars. This version also requires the owner and/or operator to secure a permit and, as a condition of the issuance of the permit, to prohibit admission to persons under the age of 18 unless accompanied by a parent or legal guardian. BUDGETARY IMPACT None. PREVIOUS ACTION A public hearing was held on March 21, 2006 to give the community the opportunity to comment on smoking ordinances. SUBSEQUENT ACTION None. RECOMMENDED BY Public Health Director, City Manager and City Attorney. { ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FORSEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 100% NO SMOKING secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 100% NO SMOKING of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS the purposes of this ordinance are 1 to protect the public health an P P ( ) p p d welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. Page 4 100% NO SMOKING (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco like product such as cigarettes, cigars, pipes, or other such device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet(25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. Page 5 100% NO SMOKING (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or Page 6 100% NO SMOKING (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. Page 7 100% NO SMOKING ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or Page 8 0 100/o NO SMOKING (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (26). ARTICLE III. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting 0 an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 9 ` r 100% NO SMOKING 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 25`h day of April, 2006. - Mayor Guy N. Goodson - Page 10 try t • ' x ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 LESS THAN 100% secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 LESS THAN 100% of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS between 2000 and 2004 cigarette use among middle school and high , g 9 9 school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS,comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 LESS THAN 100% guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. - Page 4 LESS THAN 100% (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises Page 5 LESS THAN 100% consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like products, such as cigarettes, cigars, pipes, or other such device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 I LESS THAN 100% Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility)or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or Page 7 LESS THAN 100% (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: Page 8 LESS THAN 100% (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; Page 9 LESS THAN 100% (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner, operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article II I (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15(Restricted Smoking Facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). Page 10 LESS THAN 1009/6 ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; (2) no one underthe age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and (3) the designated smoking area is equipped with a separate,operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 11 LESS THAN 100% this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1 st will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1 st to December 31 st. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result Page 12 LESS THAN 100% in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. Page 13 LESS THAN 1001/6 (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty(30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for Page 14 LESS THAN 100% hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearin 9 Y P 9 before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 15 LESS THAN 100% 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 25th day April, 2006. - Mayor Guy N. Goodson - Page 16 ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 3RD VERSION secondhand smoke have an increased risk of asthma, respiratory infections,sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 3RD VERSION of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS,the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 3RD VERSION guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar, for purposes of this chapter, means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" for purposes of this chapter. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. Page 4 3RD VERSION (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Minor, in this chapter, means a person under eighteen (18) years of age. (8) Operator means the owner or person in charge of a public place or workplace, including an employer. (9) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (10) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises consumption, including a bar area located in a restaurant. The term shall Page 5 3RD VERSION include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like product, such as cigarettes, cigars, pipes, or other devices. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 3RD VERSION Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department at each entrance to the premises clearly stating that smoking is prohibited on the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted on the premises under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. Page 7 3RD VERSION (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. 0 Page 8 3RD VERSION (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Page 9 3RD VERSION Sec. 4-10. Exception for Bar. A person may smoke in a bar if the owner or operator of the premises has obtained an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility). Sec. 4-11. Outdoor Distance Exception. A person may smoke within twenty-five feet(25')of an entrance to a smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-12. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-13. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; and (2) as a condition of the issuance of a permit, no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-14. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 10 3RD VERSION this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (4) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1St will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1St to December 31St. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. Page 11 3RD VERSION ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-15. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-16. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-17. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-18. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary bythe health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a permitted public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. Page 12 3RD VERSION (C) The inspection report form shall set forth the following: (1) the specific conditions in the permitted smoking establishment or public place, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. Sec. 4-19. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: Page 13 3RD VERSION (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-20. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-21. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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. Page 14 3RD VERSION 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 25th day of April, 2006. - Mayor Guy N. Goodson - Page 15 2 April 25,2006 Consider approving a contract for property insurance i • City of Beaumo nt Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council approval to award a contract for fire, extended coverage, flood and quake property insurance. RECOMMENDATION 0 Administration recommends the award of a bid to McGriff, Seibels&Williams,Inc. of Dallas,Texas for a one(1)year fire, extended coverage,flood and quake property insurance policy effective May 1, 2006. The annual premium of$1,062,958 includes an all risk peril policy with a loss limit of $108,473,207, Boiler and Machinery coverage, Electronic Data Processing (EDP) equipment and Terrorism coverage. BACKGROUND Requests for Proposals were received on Thursday, April 13, 2006 for providing a one(1)year fire, extended coverage,flood and quake insurance policy. Three(3)companies submitted proposals for evaluation and review. Of the three submitting proposals, only two provided windstorm coverage. The Texas Municipal League Inter-govemmental Risk Pool proposal excluded windstorm coverage and was not considered. This past year's substantial losses in coastal areas due to Hurricanes Katrina, Rita and Wilma have resulted in reduced insurance coverage and increased premiums to coastal customers. Frost Insurance of San Antonio and McGriff, Seibels and Williams of Dallas provided numerous cost quotations with varying degrees of coverage. After considerable review and evaluation, it was determined that the coverage to be provided by the City's current carrier, McGriff, Seibels and Williams was the most comprehensive. The proposal submitted by Frost Insurance Company was more expensive, contained higher deductibles and did not provide coverage for the total insured value. The scheduled deductibles offered in the selected insurance plan are as follow: Property Insurance April 20, 2006 Page 2 Fire $50,000 Windstorm/Hail through the $75,000 per occurrence. Maximum Limit per structure is Texas Windstorm Insurance $2,192,000. Excess at 5% of Total Insured Value of Association(TWIA) structure per location subject to $250,000 per occurrence minimum. Flood $250,000 Flood -Flood Zone A 5% of TIV per location subject to $1,000,000 per occurrence Flood Hazard(Areas of 100 Year Flooding) Boiler and Machinery $25,000 The current policy through McGriff, Seibels and Williams provided a maximum$500,000 deductible for all losses incurred from Hurricane Rita. To date, damage claims filed for city buildings and facilities total approximately$12,000,000. The premium for the policy expiring April 30,2006 was $255,676. There were no claims filed in excess of $2,192,000 for any of the City's damaged structures. Damage claims were filed on 118 buildings or facilities as a result of Hurricane Rita. The policy begins May 1, 2006 and expires May 1, 2007, BUDGETARYIMPACT Funds are available in the Building Services Division's operating budget. Additional funds to cover the increased premium are available in the General Fund from increases in sales tax revenue. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for a one(1)year fire,extended coverage,flood and quake property insurance policy; and, WHEREAS, McGriff, Seibels & Williams, Inc. of Dallas, Texas, submitted a bid for an annual premium in the amount of$1,062,958; and, WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, for an annual premium in the amount of$1,062,958 for a one (1) year fire, extended coverage, flood and quake property insurance policy effective May 1, 2006 to May 1, 2007 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 3 April 25, 2006 Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund • !� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 10, 2006 REQUESTED ACTION: Amend the FY 2006 Budget to increase expenditures in the Water Utility Fund by$1,936,147. RECOMMENDATION It is recommended that Council amend the FY 2006 Budget to include $1,906,147 for FY 05 water projects that are being completed in FY 06 and $30,000 to purchase a new high capacity envelope feeder for Water Customer Service. The detail of this proposal is attached. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. BUDGETARY IMPACT The proposed FY 2006 Budget amendment will increase total appropriations by$1,936,147. Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues are not able to fully sustain these appropriations due in part to the fact that $1,906,147 of appropriations was unspent in the FY 2005 Budget. PREVIOUS ACTION No prior FY 2006 Budget amendments have been proposed or approved. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer Proposed Budget Amendments FY06 Water Utility Fund Water/Sewer Projects At the close of fiscal year ended September 30, 2005, Water Utilities had several projects in progress or scheduled to begin. These projects were included in the FY 05 budget, but were not completed in FY 05. They were not included in the FY 06 Budget. Funds are now needed to complete the FY 05 projects and are available as follows: Water Utilities FY 05 Budget FY 05 FY 05 Funds Account Description Budget Expended Available Engineering $ 200,000 $113,046 $ 86,954 Construction 2,894,300 654,146 2,240,154 Subtotal 3,094,300 767,192 2,327,108 Less: Operating funds over budget (420,961) Net Funds Available from FY 05 Budget $ 1,906,147.00 The FY 05 projects are as follows: FY 05 Budgeted Projects Ongoing in FY 06 Project Area Amount Water Production $ 51,500 Water/Sewer Maintenance 15,000 Water Reclamation 8,300 Sanitary Sewer Rehabilitation 1,831,347 Total Funds Required $1.906.147.00 High Capacity Envelope Feeder An envelope feeder is used at Water Customer Service to fold and stuff water bills, inserts, and return envelopes for mailing. In excess of 40,000 bills are mailed out monthly. An additional 7,400 delinquent notices will go out monthly when the new water system goes live in May. The current machine has been in operation for about twelve years and has a life of approximately one million cycles. The machine has currently processed approximately three million cycles. It has been serviced four times in the last three months. There is a concern about the availability of parts when the machine needs repairing again because it has been discontinued. Our service contract is with Pitney Bowes. The sales representative strongly recommends replacing the machine to avoid costly downtime. High Capacity Envelope Feeder $ 30,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2005/2006 TO ALLOCATE $1,936,147 FROM THE FUND BALANCE TO THE WATER UTILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the Water Utility Department had several projects budgeted for FY2005 which were in progress or scheduled to begin but were not completed. These projects were not provided for in the FY2006 budget; and, WHEREAS, the Water Utility Department is in need of a high-capacity envelope feeder to be used in the Customer Service Division to fold and stuff water bills, inserts and return envelopes for mailing. This item also was not included in the FY2006 budget; and, WHEREAS, the FY2006 budget should be amended to appropriate and transfer from the Fund Balance $1,906,147 to cover the expenditures necessary to complete the several projects not completed in FY2005 and $30,000 for the purchase of a high capacity envelope feeder for use in the Customer Service Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the fiscal budget of the City of Beaumont for the period commencing October 1, 2005 - September 30, 2006 be and the same is hereby amended to appropriate and transfer the sum of$1,936,147 from Fund Balance to the Water Utility Fund to cover the expenditures necessary to complete the projects not completed in the FY2005 and for the purchase of a high capacity envelope feeder for use in the Customer Service Division as reflected in attached Exhibit "A." 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 25th day of April, 2006. - Mayor Guy N. Goodson - 4 April 25, 2006 Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club • City of Beaumont '� Council Agenda Item A - . K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Special Projects Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 13, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Amendment to the Management and Concession Agreement with the Beaumont Yacht Club. RECOMMENDATION Administration recommends amending the 1998 Management and Concession Agreement with the Beaumont Yacht Club to address the losses caused by Hurricane Rita. BACKGROUND On October 1, 1998 the City entered into a Management and Concession Agreement with the Beaumont Yacht Club (BYC) for its continued operation of the City's public marina. The marina is located on approximately 30 acres of city-owned riverfront property north of Interstate 10. The City invested about $1,000,000 in marina improvements in 1999, bringing past and present investment to just over $1,500,000. Because the facilities are income producing, the City was to recover its investment from the BYC. A payment schedule was established that provided monthly installments over a 15-year term from BYC's operating revenues. Timely payments were made until September 2005. On September 24, 2005 Hurricane Rita hit the Beaumont area and caused extensive damage at the marina. The damage was almost exclusively to 73 uninsurable older storage stalls,which happened to generate considerable income for the BYC. There was no loss to the newer facilities—docks,wet storage, dry storage building — which are of high value and completely insured. City staff has applied for FEMA assistance, but there are no cost-efficient means to rebuild the destroyed dry- storage stalls with federal funds and meet the mitigation requirements. Therefore, the subsequent economic recovery for this loss will be directed to another eligible project, except for the funding to clean up the property. Amendment to BYC Management and Concession Agreement April 13, 2006 Page 2 The current Agreement requires payments of approximately$11,200 per month. Because of the loss of a considerable amount of its income,the BYC payment capacity has been significantly reduced. To remain viable, the BYC is requesting an amendment to the existing Agreement in which the monthly installments would be reduced to $7,500. Given existing conditions,amending the Agreement to provide for payments of$7,500 per month, effective January 1, 2006 through June 30, 2015 when the current Agreement expires, seems prudent. Staff is also proposing that this action bring the Yacht Club current and that credit against the monthly payment be given for clean up expenses incurred by the Yacht Club, which are ultimately covered by FEMA. This action will assist and serve the needs of both the BYC and the City. The remaining terms and conditions of the Agreement will remain unchanged. BUDGETARY IMPACT There is no substantive budgetary impact created by this action. PREVIOUS ACTION City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club on September 22, 1998 by Resolution No. 98-261. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club for its continued operation of the City*s public arena; and WHEREAS,said agreement established monthly installments of$11,200 per month over a 15-year term to be paid by the Beaumont Yacht Club to the City of Beaumont; and WHEREAS, the Beaumont Yacht Club made timely payments to the City of Beaumont until September, 2005, when Hurricane Rita caused extensive damage to the marina resulting in a considerable loss of income by the Beaumont Yacht Club resulting in reduced capacity to make payments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club reducing its monthly installments to$7,500 per month effective January 1,2006 through June 30,2015. BE IT FURTHER RESOLVED THAT this action will bring the Beaumont Yacht Club current in its payments and that credit against the monthly installment will be directed to cleanup expenses incurred by the Beaumont Yacht Club. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ! 5 April 25,2006 Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department City o f Beaumont �• Council Agenda Item M M g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 12,400 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award for use by the Public Works Department, Streets and Drainage Division. The total estimated expenditure is $164,710 for the contract period. The award is to the overall low bidder and not the low bidder per item in order to streamline the procurement process for the user department. This will eliminate complications which could arise from a multiple vendor award. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Fifteen (15) vendors were notified with seven (7) submitting bids as reflected in the attached bid tabulation. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Annual Contract for Corrugated Polyethylene Pipe April 18, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. 0 0 0 BID TABULATION:ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE BID OPENING DATE: THURSDAY, MARCH 30,2006 @ 2:00 PM BID NUMBER: RF0306-36 Vendor Coburn Supply Golden Triangle Pipe Hughes Supply Act Pipe & Supply City/State Beaumont,TX Beaumont, TX Lufkin, TX Houston, TX QTY. Fax Number 409.839.8157 409.842.2736 936.632.7834 j 713.947.7451 per foot 71 total er foot total er foot I total 1j per foot totem 1,000 12"pipe $3.86 $3,860.00 $3.85 $3,850.00 $3.86 $3,860.00 $3.89 $3,890.00 6,000 15" pipe $5.41 $32,460.00 $5.40 $32,400.00 $5.41 $32,460.00 $5.46 $32,760.00 2,000 18"pipe $6.86 $13,720.00 $6.80 $13,600.00 $6.87 $13,740.00 $6.93 $13,860.00 1,500 24"pipe _ $11.72 $17,580.00 $11.65 $17,475.00 $11.73 $17,595.001 $11.84 $17,760.00 500 36"pipe $21.10 $10,550.00 $21.10 $10,550.00 $21.11 $10,555.00 $21.32 $10,660.00 200 48"pipe $36.70 $7,340.00 $37.10 $7,420.00 $37.11 $7,422.00 $37.49 $7,498.00 1,200 60" pipe $66.00 $79,200.00 $68.95 $82,740.00 $68.69 $82,428.00 $70.10 $84,120.00 Total 164,710.00 168,035.00 168,0 06 00 170,548.00 IDelivery Time 3 da s 5-10 days 5-7 days j N/A J i� Vendor Rural Pipe & Supply ulverts of Southeast Texas Seabreeze Culvert City/State Jasper, TX Lumberton, TX Stowell, TX QTY. Fax Number 409.384.9363 409.755.3636 409.296.4099 per foot total er foot total perfoot F total 1,000 12"pipe $3.96 $3,960.00 $3.97 $3,970.00 $4.05 $4,050.001 6,000 15"pipe $5.54 $33,240.00 $5.55 $33,300.00 $5.45 $32,700.00 2,000 18"pipe $7.03 $14,060.00 $7.12 $14,240.00 $7.66 $15,320.00 1,500 24" pipe $12.05 $18,075.00 $11.97 $17,955.00 $11.99 $17,985.00 500 36"pipe $21.65 $10,825.00 $21.79 $10,895.00 $23.62 $11,810.00 200 48"pipe $37.70 $7,540.00 $38.14 $7,628.00 $38.37 $7,674.00 1,200 60"pipe $69.25 $83,100.00 $71.30 $85,560.00 $71.71 $86,052.00 Total 170,800.00 173,77� 175,591.00 ��Delivery Time �1 3-5 A.R.O. 1-2 day s N/A _I RESOLUTION NO. WHEREAS, bids were received for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Coburn Supply of Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated amount of$164,710: per foot total $3.86 $3,860.00 $5.41 $32,460.00 $6.86 $13,720.00 $11.72 $17,580.00 $21.10 $10,550.00 $36.70 $7,340.00 $66.00 $79,200.00 TOTALI $164,710.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Coburn Supply of Beaumont, Texas, in the unit amounts shown above for an estimated amount of $164,710 for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 6 April 25, 2006 Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider authorization of an interlocal agreement for the purchase and installation of traffic signal retrofits. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the City of Garland,Texas for the purchase and installation of traffic signal retrofits for the unit prices indicated below from Republic Electric of Colleyville, Texas. BACKGROUND The City of Garland has awarded a contract to Republic Electric in compliance with bidding requirements of the State of Texas to provide and install traffic signal retrofit equipment. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for review. Many traffic signals in Beaumont currently operate incandescent lamps. The Transportation Division has been replacing damaged and inoperable incandescent signal heads as needed with new signal heads that use Light-Emitting Diode (LED) technology. LED lamps dramatically reduce power consumption by burning brighter using less power than an incandescent lamp. LED lamps also reduce maintenance costs because they have an average life span of ten (10) years, whereas a typical incandescent lamp has an average life span of only one (1) year. The traffic signal LED retrofit components offered by Republic Electric convert existing signal heads from incandescent to LED lamps without the expense of replacing the entire signal head. Under the Interlocal Agreement with City of Garland April 19, 2006 Page 2 terms of the contract, Republic Electric offers the following prices to provide all labor and equipment required to install the LED retrofit components: LED Retrofit Component LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16 /each 12" Yellow Arrow $61.25 /each 12" Green Ball $100.75 / each 12" Green Arrow $81.Beach BUDGETARY IMPACT Funding will be provided by a lease purchase agreement in the amount of approximately $216,859.27 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT This agreement made and entered into this day of , 20 , by and between (hereinafter called "THIS GOVERNING BODY") and other governmental entities as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT EXECUTED hereto on the day and year first above written. CITY OF GARLAND, TEXAS BY: TITLE: CITY OF GARLAND, TX 75046-9002 BY: TITLE: CITY OF BEAUMONT, TX 77704 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an interlocal purchasing cooperative agreement with the City of Garland, Texas to enable the purchase and installation of traffic signal retrofits forthe unit prices indicated belowfrom Republic Electric of Colleyville, Texas: LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16/each 12" Yellow Arrow $61.25/each 12" Green Ball $100.75 /each 112" Green Arrow $81.27 /each PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - • 7 April 25, 2006 Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel • 4 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. RECOMMENDATION The Administration recommends approval of the request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. BACKGROUND Patricia A. Hotalen, the property owner, is requesting an HC-L (Historic Cultural-Landmark Preservation) Designation for the house at 2106 Hazel. The residence was built in 1907 by T.V. Smelker. Mr. Smelker was a partner in several prominent real estate and insurance companies in Beaumont in the early 1900's. The house was designed by Henry Conrad Mauer who was a prominent architect in Beaumont in the early and mid 1900s. Mr. Mauer's work influenced the development of Beaumont in the early oil boom days by designing numerous mansions such as the McFaddin-Ward House,Weiss House,C.T.Heisig House,Hinchee House, Chambers House and a number of public buildings. The residence exhibits distinguishable Victorian or Neo-Colonial characteristics. Architectural elements significant to the early 1900 period residence are the gingerbread, columns, siding, Palladian window, numerous large windows,porch,tile roof and servants quarters/carriage house. The Smelkers made major changes to the house in 1929. While the house is nearly 100 years old, it still exists much like when the Smelkers owned it. It has not undergone significant structural changes since the 1920s. All of the house's additions and modifications were made in the early 1900s by the Smelkers. The house is listed in the 1990 SPARE Beaumont survey and is considered a contributing structure to the Oaks Historic District. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 10,2006,the Historic Landmark Commission voted 8:0 to approve the request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. At a Joint Public Hearing held April 17, 2006, the Planning Commission voted 9:0 to approve the request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,Historic Landmark 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2106 HAZEL, 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 establishing an HC-L(Historical-Cultural Landmark Preservation) Designation for property located at 2106 Hazel, being Lot 1 and the east 37' of Lot 2, Block 34, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, 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 of 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 ord p p 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 25th day of April, 2006. - Mayor Guy N. Goodson - n /• K �� IO I of ' st ss es tJ I e•. • J 4 • s `� File 49-HC: Request for a Historic-Cultural Landmark Preservation Designation. NORTH Location: 2106 Hazel . ' I Applicant: Patricia A.Hotalen SCALE 1"-200' \ tt I lJ t• �1J � t� O• ! I J t I l 7 ♦ � f I A 6 A E ; l i so/ _ {ASHLEY AVE. SO i. �1! to 1/ 0 • • f If ♦ I ! 1 / f. • !. b /! f ♦ f 't/ f /! • f k i y c ev �/ s"♦ s,r♦s N a ! IF Is /f LO t/ st es eJ t1 "t • J ' t ! l / • d • ! ! / t / 40 N I , i .� f So 50 5o Sp Sw 30 - 1 LONG AVE. w 1 so so so - - so, SO - IJ, IJ I/ to f I 7 • ! t J J / l '• A a // it 7 f /0 // It 7 ,. Of K I7 ,• /♦ !O t/ rt n 14 15 �/ �t • J : J r - f , � �. 1 ,J � t , �d' • AR SgM, .A E- i' / SO 10 30 30 40 t �HARRISON AVE. 2/00 67 2000 50 50. t/ 7 I /J /t /I p 11 J 1 • J ' 3 . ' I • l II /J is /f /• /! t 0 t/ If u t• LJ t•�>f .q • ! I ! - I. '♦ I • J t ?A/ A� :� E' 3o So SO • 50 So HAZ_ EL AVE. 31 50 M 30 is /t // ro f • l i I S r♦.'' J I I / 7 • 6 4tf 2T a . /* /J /• 17 !• I !J ` to t/ tt tJ N tJ ` NORTH ST. S /I sa I .• I . 1 _ i . '� , �.. . �, EXHIBIT "All S April 25, 2006 Consider approving a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore C City of Beaumont Council Agenda Item � � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 60' x 274'portion of Porter Street between Hemlock and Sycamore. RECOMMENDATION The Administration recommends approval of the request to abandon a 60'x 274'portion of Porter Street between Hemlock and Sycamore. BACKGROUND Willie D. Brown,the applicant and an adjacent homeowner, is requesting an abandonment of a 60' x 274' portion of Porter Street. This part of Porter Street is located east of Hemlock and west of Carroll Street. The subject property is landlocked right-of-way that was never developed as a street. According to Mr.Brown,the right-of-way is filled with trees uprooted by Hurricane Rita,debris and trash that is hazardous to the surrounding properties. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 17,2006,the Planning Commission voted 9:0 to approve a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60 x 274 PORTION OF PORTER STREET BETWEEN HEMLOCKAND SYCAMORE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60 x 274 portion of Porter Street between Hemlock and Sycamore, beginning at the southwest corner of Lot 7, Block 3, and the northwest corner of Lot 1, Block 4, Clay Morris Addition and extending in an easterly direction for a distance of 274', City of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 4 v 7-112 cv f�E AN � //6 �'O 25' g' 5d— NORTH SO 37 3A� - 0 �O ,\ h ,0 v File 691-0B: Consider the abandonment of a 60' a 274' portion of Porter Street. NORTH Location: Porter Street between Hemlock and Sycamore AL Applicant: Willie Brown I SCALE 1"=100' 1 8 ` 3 DLG ST. ° SC ' 9 3A 62_77 9 317 a T 8 9 10 !/ 12 4 3 C e P :N5c W ;z W pV• t 3 � !0 •P RT R 3 0°- ' lGk7 57.76 Z P8 30 6 6 6 6 1 6 6 5 ! 6. 5. 432 / 4 9 . Lolu Q PO TE j/ ,. Q9 2? .j7 27 � as.25 qo.s4 . v �✓ 49 0 5L5_R' 53 .29 14 O 9 15 = 48 47 4645 4.4 4 6 7 8 9 10 . 16 47.1.2 6 90 /l6 r 50 50 50 50 . SO 60 50 �� ��. ii ii 1� 33'P-61,13 S ,� 1. �QS� 1-2 • m t+ 9, 4 5 3 6 7' 8 9 ,, !3 oo 0 �. 5d 40' 33' 6 5Q Ic DOUCETTE AW. 50' qa' Fso. 5U 50 50 EXHIBIT "A" �� ! 9 April 25, 2006 Consider approving a settlement agreement with CenterPoint Energy . ! City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval of a Settlement Agreement with CenterPoint Energy. RECOMMENDATION Administration recommends the approval of a Settlement Agreement with CenterPoint. BACKGROUND CenterPoint filed a Statement of Intent with the City on June 30, 2005. CenterPoint maintained that the City should grant the increase as previously ordered by the Railroad Commission for its customers in the unincorporated areas. This was the first time a gas utility had filed a rate increase request at the Railroad Commission for the unincorporated areas prior to filing such a request with the municipalities in its service territory. The Railroad Commission order was issued without any interventions and without any testimony being filed other than CenterPoint's testimony. The City of Beaumont is part of a coalition of cities known as the Alliance of CenterPoint Municipalities("ACM"). The ACM Cities maintained that CenterPoint failed to publish notice of its increase in rates as required by statute. The ACM Cities ordered CenterPoint to properly publish notice of its increase in rates as required by law. CenterPoint failed to comply with these orders. CenterPoint filed an updated rate filing package. CenterPoint refused to answer any discovery about the updated rate filing package even though ordered to do so by the ACM Cities. On November 3, 2005, CenterPoint implemented its increased rates Statement of Intent. The ACM Cities ordered CenterPoint to cease and desist from charging the higher rates. The cease and desist ordinances were appealed by CenterPoint to the Railroad Commission. CenterPoint claimed that it had the right to impose higher rates by operation of law—after the expiration of 125 days—because the ACM Cities had not taken final action on its rate request. The ACM Cities asserted that CenterPoint could not implement higher rates—even by operation of law—without first providing public notice. SETTLEMENT AGREEMENT Just a few days before the start of hearings at the Railroad Commission the Settlement Agreement was hammered out. Without a settlement it was obvious that the losing party would appeal the Commission decision. It is quite likely that the appeal would not be exhausted for at least three years. The outcome of an appeal could not be known with 100% certainty. In light of this uncertainty,the Settlement Agreement is being brought to the Council for your consideration. The highlights of the Settlement Agreement are set forth below. Rate Reduction The customer charge for residential customers is being reduced by$9.00 per year. Protection Against Rate Increases CenterPoint cannot raise base rates for any purpose over the next three years. This means CenterPoint cannot raise rates due to any cost increases,including cost increases resulting from: (a) hurricanes or weather events; (b) inflation or escalation in the cost of goods or services; (c) escalation in the cost of labor or benefits; and (d) the cost of the installation, relocation or replacement of pipes. File With the Cities First After the expiration of the three-year rate freeze, CenterPoint can only raise base rates if it first files with the ACM Cities. CenterPoint will not be permitted to file at the Railroad Commission for a rate increase in the unincorporated areas before it files with the ACM Cities. Public Notice Must be Specific and Meaningful CenterPoint will not be allowed to file a general rate case without publishing notice in a manner that is very similar to the public notice requirements set forth by the ACM Cities in the "interim order" ordinance. The public notice will have to be in a local newspaper. See Exhibit D. The notice will be conspicuous and give detailed information about the increase in rates. All Rate Case Expenses Will be Borne by Shareholders The rate case related expenses of CenterPoint and the expenses of attorneys and consultants for the ACM Cities,up to$230,000,will be borne by shareholders. This means that none of these costs will be borne by the ratepayers of CenterPoint. Payment for Other Claims CenterPoint has agreed to pay the ACM Cities the sum of$414,000 for"other claims." This sum will be distributed to the ACM Cities to be used as directed by the individual city councils for the benefit of their citizens. RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) night vision infrared handheld cameras for the Police Department; and, WHEREAS, DTC Communications, Inc. of Nashua, New Hampshire, through a contract with the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS), submitted a bid in the amount of$26,272; and, WHEREAS, City Council is of the opinion that the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, in the amount of$26,272 for the purchase of two (2) night vision infrared handheld cameras for the Police Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - E MAW, .l City of Beaumont qw- Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 17, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. BACKGROUND The City authorized Jefferson County's debris contractor, DRC Emergency Services, LLC to use the Beaumont Municipal Airport for the purpose of establishing a debris reduction site in September 2005. The site was used for the burning and chipping of wood debris from Hurricane Rita. The purpose of this Site Release Form is to document the agreement with DRC that the site restoration at the Beaumont Municipal Airport has been satisfactorily completed. In addition to Jefferson County's contractor, the Corp of Engineers contractor was also located at the Beaumont Municipal Airport. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. BUDGETARY IM PACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Authorization to use the Beaumont Municipal Airport as a debris reduction site by DRC was provided in September 2005. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager and Public Works Director DRCSiteReleaseForm.wpd April 17,2006 .l City of Beaumont : . A EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Stoneway L. P., a Texas limited partnership, has agreed to convey a ten foot (10') water line easement to the City of Beaumont in a Correction Water Line Easement document. This easement will provide mandatory access for fire prevention services across the Stoneway property, located p P off East Lucas Drive and described as follows: Line "A"—being 0.34 acres out of H. Williams Survey, Abstract 57; and Line `B"—being 0.35 acres out of H. Williams Survey, Abstract 57 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION The original easement was conveyed on October 14, 2005 with the authority of Resolution No. 05-210. It included an incorrect metes and bounds description,which will be corrected with this Correction Easement. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_stoneway2-ib.wpd 19 April 2006 RESOLUTION NO. WHEREAS, Stoneway L. P., a Texas limited partnership, has conveyed a ten-foot (10') Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services across the Stoneway property located off East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneway L. P., a Texas limited partnership, as described on Exhibit "A'.' be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ® ARCENEAUX & GATES CENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.34 ACRES OF LAND SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO. 57, BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "A" Being a 0.34 acre tract or parcel of land, a portion of that certain tract of land(called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County,Texas, as situated in and a part of the H.Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract, this point also marks the Southeast comer of the herein described tract of land; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 00 deg. 21 min. 08 sec. West, departing said right of way line along the West line of this tract,parallel with and 10.feet normal distance from the East line of said 15.453 acre tract a distance of 456.78 feet to an"ELL" comer; THENCE South 89 deg. 38 min. 52 sec.West a distance of 34.81 feet to an"ELL" corner; THENCE North 00 deg. 21 min. 08 sec. West a distance of 10.00 feet to an"ELL" corner; THENCE North 89 deg. 38 min. 52 sec. East a distance of 34.81 feet to an"ELL" comer; EXBIBIT "A" (1 of 8) .. '\\Agengsa cAa&g\A&G SURvBYING\METBS&BOUNDS\200A05-DCS-020-A.doc iTHENCE North 00 deg. 21 min. 08 sec.West, continuing along the West line of this tract,parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 920.07 feet to a point located on the North line of said 15.453 acre tract marking the Northwest comer of the herein described tract of land; THENCE South 89 deg. 40 min. 33 sec.East along the North line of said 15.453 acre tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap marked 3636 found marking the Northeast corner of said 15.453 acre tract and the Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec.East along the East line of said 15.453 acre tract with the East line of this tract a distance of 1436.87 feet to tbP—Southeast comer and PLACE OF BEGINNING and containing in area 14,716 square feet or 0.34 acres of land,more or less. Surveyed May, 2005 O ...1'F C ..Q� � Fo•.cs ......................................................... JOHN. ...BOB)HODGES v 4583 �Ago �•`� J . (Bob)Hodges,R.P.L.S. 4583 SU An Exhibit accompanies this metes and bounds description Bearings referenced to the North Right of Way line of East Lucas Drive North 89 deg. 37 min. 01 sec. West- deed EXHIBIT °A" (2 of 8) .. '\\Agengservte4&&\A&G SURVBYWr,\MBTW&BOUNDS\2005\05-DCS-020-A.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BEAUMONT COUNTRY CLUB DUVALL FlRST CORP. VOL 1310 PG. 194 CF NO. 2004036328 ORJC OPRJC FND 5/8' SR L7 W/CAP 3636 � 15.453 ACRES I A STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 1 OPRJC 0 100 200 SCALE IN FEET s o• �� I >r g a A �WS O NEGLEY STREET LINE "B• II I --- --_ �_ -_______- � w I z� �a3 Y �1 m U_a xz� O�N BEAUMONT INDEPENDENT SCHOOL DISTRICT 1 W OF JEFFERSON COUNTY, TEXAS LINE "A'" a VOL 1083 PG. 453 1 14,716 SQ. FT. DRJC I 0.34 ACRES OF 7F LINETABLE �Ll NUMBER DIRECTION DISTANCE PGA T R L1 I N 89'37'01" W 10,00' 1 0.::••• I L2 I N 00'21'08" W 1 456.78' .....••• '' F L3 S 89'38'52" W 34.81' B L4 I N 00'21'08" W 110.00' 1 L5 N 89'38'52' E 34.81' '•:•0 45 I Q '•.90 L6 I N 00.21'08' W--j 970.07' L7 IS 89'40'33' E 10,00' 'YQ L8 S 0921'08' E 1436.87' 1 I NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. LINE OF EAST LUCAS DRIVE N 89' 37' 01" W B SR FND 5 DEED. I / 2. THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.0.13_ LINE "A" EXHIBIT "A" (3 of 8) LINE"A" ® EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.34 ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP ARCENEAUZ Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. & ffiigSnsen 8ungore Plenaen - GATE3 SURVEY,ABSTRACT NO.57 ,s BEAUMONT,JEFFERSON COUNTY,TEXAS j ALVA ARCENEAUX ARCENEAUX & GATES & Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.35 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY,ABSTRACT NO. 57) BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE `6B" Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES,commence at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast corner of the above described 15.453 acre tract; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for corner; THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel _ with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 862.79 feet to a point marking the lower Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE West a distance of 447.36 feet to an angle point for corner; THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point for corner; EXHIBIT "A" .(4 of 8) C:1A&GkM&.B\2005W 5-DCS-020-B.aoc One Turtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Pnrt A.+h. TV'MAo Ano/"n� THENCE North a distance of 6.40 feet to an angle point for corner; THENCE West a distance of 275.76 feet to a point located on the upper West line of said 15.453 acre tract and the East Right of Way line of Pennock Avenue marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and upper West line of said 15.453 acre tract with the West line of this tract a distance of 10.00 feet to a point marking the Northwest comer of the herein described tract of land; THENCE East, departing said East Right of Way line a distance of 275.81 feet to an angle point for corner; THENCE North a distance of 99.46 feet to an angle point for corner; THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38 deg. 24 min. 52 sec., an are distance of 181.23 feet, a chord distance of 177.85 feet and a chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner; THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17 deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for comer; THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35 deg. 02 min. 32 sec., an are distance of 127.20 feet, a chord distance of 125.23 feet and a chord bearing of North.73 deg. 33 min. 29 sec. East to an angle point for comer; THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking the upper Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a distance of 10.00 feet to a point marking the upper Southeast comer of the herein described tract of land; EXHIBIT "A" (5 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc 4. THENCE South 89 deg. 38 min. 52 sec. West a distance of 212.86 feet to an angle point for comer; THENCE along a curve to the left having a radius of 197.98 feet, a central angle of 35 deg: 04 min. 01 sec., an are distance of 121.17 feet, a chord distance of 119.29 feet and a chord bearing of South 73 deg. 34 min. 14 sec.West to an angle point for comer; ::THENCE South 38 deg. 12 min. 42 sec. East a distance of 16.16 feet to an angle point for comer; THENCE South 51 deg.47 min. 18 sec. West a distance of 10.00 feet to an angle point for coiner; `...'-THENCE North 38 deg. 12 min. 42 sec..West a distance of 10.00 feet to an angle point or comer; THENCE along a curve to the left having a radius of 351.00 feet, a central angle of 14 deg.:17 min. 54 sec., an arc distance of 87.59 feet, a chord distance of 87.36 feet and a ch6�td bearing of South 45 deg. 33 min. 49 sec. West to an angle point for corner; THENCE along a curve to the left having a radius of 260.30 feet, a central angle of 38 deg..24 min. 52 sec., and are distance of 174.52 feet, a chord distance of 171.27 feet and a:chord bearing of South 19 deg. 12 min. 26 sec. West to an angle point for comer; THENCE South a distance of 110.73 feet to an angle point for comer; THENCE South 53 deg. 51 min. 33 sec. East a distance of 22.39 feet to an angle point For comer; THENCE North a distance of 15.37 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; T�iENCE South a distance of 17.47 feet to an angle point for corner; EXHIBIT "A" (6 of 8) C:a&GSM&H\2005103-DCS-020-B.doe THENCE East a distance of 385.19 feet to an angle point for comer; THENCE North a distance of 17.60 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; THENCE South a distance of 17.60 feet to an angle point for corner; THENCE:East`a distance of 41.72 feet to a point marking the lower Northeast corner of the herein.de§6d tract of land; THENCE;Saiffi 00 deg. 21 min. 08 sec. East along the lower East line of this tract a :di Lance of 10:.00 feet to the lower Southeast comer and PLACE OF BEGINNING and containing iz ;area 15,402 square feet or 0.35 acres of land, more or less. S.of rF Surveye d'I�Taji; 2005 Q�`G� �9Fo N :. JOHN R:(BOB)Hp DGES ... 4583 ....v:,....p P`•:9 y••.o,� slob pQ' ° SURV Jo (Bob) Hodges,R.P. #4583 / ' `tin Ei�lubit accompanies this metes and bounds description Bearings:"referenced to the North Right of Way line of East Lucas Drive I+lorth.99 dog 37 min. 01 sec. West- deed '~An (7 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BF-AUA40NT COUNTRY CLUB DUVALL FIRST CORP. VOL. IJIO PG. 194 CF NO. 2004036328 ORJC OPfFND 5/8" SR W/CAP 3636 15.453 ACRES STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 I. 0 100 200 OPRJC � 3 SCALE IN FEET uo u1 A C — —— —Lt 2 — 2 J � V � UNE "A" ^t���o wd P V C�i t 5,402 S0. FT. o ^o 'I 0.35 ACRES I J NEGLEY STREET I� L17 LIS J 1-19 L23s = - - -L21 - - --� ' L26 l3 �~ LINE °B•' i LINE TABLE Z a NUMBER DIRECTION DISTANCE w w I L1 N 8937'0 W 10-00' d U L2 N 00'21'08' W 862.79' L3 WEST 447.36' U w^ I L4 N 5551'33" W 34.29' O a L5 NORTH 6.40' Al, OF 7'� z J I L6 WEST 275.76' ,•" W BEAUA40NT INDEPENDENT SCHOOL DISTRICT L7 N 00'18'40' W 10.00' I �Q` (j�s EA '•..(� OF JEFFERSON COUNTY, TEXAS LB EAST 275.81' VOL. 1083 PG. 453 I L9 NORTH 99.46' �•' DRJC L10 N 89'38'52' E 212.70' '. R.�Bp . Q I L11 S 00'21'08" E 10.DO' L12 S 89'38'52" W 212.86' L 13 S 38'12'42" E 16.16' L14 S 51'47'18' W 10.00' L15 SOUTH 38`12'42" W 16.46' L17 S 53'51'33" E 22.39' CURVE TABLE I LIB NORTH 15.37 NUMBER RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD DIRECTION I L19 EAST 10.00' Cl 270.30 38 24'52" 181.23 177.85 N 19'12'26" E L20 SOUTH 17.47' C2 361.00 1737'22" 111.03 110.60 N 4713'33" E I L21 EAST 385.19' C3 207.98 35'02'32" 127.20 125.23 N 73'33'29" E I L22 NORTH 17.60' C4 260.30 38 2#'S2" - 174.52 171.27 S 19'12'26"'VI° L23 EAST 141.72-.00' C5 351.00 14'17'54" 87.59 87.36 5 4533'49" W I L24 SOUTH 7.60' C6 197.98 35'04'01' 121.17 119.29 S 7534'14' W L25 EAST 1-26 S 00'21'08" E 0.00' NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. UNE OF EAST LUCAS DRIVE N 89' 37' 01" W DEED. I FND 5/8' SR 2. THIS EXHIBIT ACCOMPANIES A METES AND I. W/COP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.O.C. LINE "B" EXHIBIT "A" (8 of 8) LINE"B" ARrGA® ARCENEAUX do GATES EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.35 AjTES X _Consulting Engineers, Inc. ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP E��°°'" snc�e7on Plaaanrw 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO,57 BEAUMONT,JEFFERSON COUNTY,TEXAS ^'2 c _Projecl� G PROD C 3 AC IV DCS-010 WINGS UrteB.dwq G City of Beaumont Council Agenda Item Imm K. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Human Resources Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan. RECOMMENDATION Administration recommends that Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan, which provides for an elimination of the Plan Administration fee and Mutual Funds Fee. BACKGROUND Full time city employees are offered the option of participating in the 457 Deferred Compensation Plan with the ICMA Retirement Corporation. As a result of the employer's use of EZLink for enrollment and contribution processing over the term of the agreement, the current plan administration fees of.55%for Vantage Trust Funds and the current VT Mutual Fund Series Service Fees of.70%will be eliminated. The 457 Deferred Compensation Program(ICMA)is a voluntary,tax-deferred program designed to help supplement the employee's income at retirement. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the amendment of the 457 Deferred Compensation Plan with the ICMA Retirement Corporation to eliminate the Plan Administration fee and Mutual Funds Fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 0 ML City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider passing one of three ordinances relating to the prohibition of smoking in specific public places 2. Consider approving a contract for property insurance 3. Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund 4. Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club 5. Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department 6. Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits 7. Consider approving a request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel 8. Consider approving a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore 9. Consider approving a settlement agreement with CenterPoint Energy 10. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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: Shane Landry v City of Beaumont 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. � 1 April 25, 2006 Consider passing one of three ordinances relating to the prohibition of smoking in specific public places City of Beaumont M 117EJ7!J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider passing one of three ordinances relating to the prohibition of smoking in specific public places. BACKGROUND Secondhand smoke is a mixture of smoke given off by the burning end of a tobacco product and the smoke exhaled from the lungs of smokers. It is involuntarily inhaled by non-smokers, lingers in the air, and can cause or exacerbate a wide range of adverse health effects including cancer,respiratory infections, and asthma.. The U.S. Surgeon General has determined that the simple separation of smokers and non-smokers within the same airspace may reduce,but does not eliminate,the exposure of non-smokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses with high rates of ventilation. The purpose of this ordinance is to protect the public's health and welfare by prohibiting smoking in public places and places of employment and to guarantee the right of non-smokers to breathe smoke- free air. The three versions which are submitted for your consideration include a 100%ban of smoking in all public places. "Public places"is defined as any enclosed area or portion thereof that is accessible by the public or to which the public is admitted by general invitation. This definition includes any enclosed work place. The second ordinance,which has been referred to as the"less than 100%version,"generally prohibits smoking in public places with exception made for smoking in designated areas. It allows smoking in restaurants and bars if the owner and/or operator secures a smoking permit,restricts admission to persons under the age of 18 unless accompanied by a parent or legal guardian, and the designated area is fully enclosed and equipped with a separate air conditioning system and separated from a dining area by an impermeable wall. These facilities would be inspected and permits renewed by the Health Department on an annual basis. Version three ensures that eating places are 100%smoke-free and allows smoking in drinking places or bars. This version also requires the owner and/or operator to secure a permit and, as a condition of the issuance of the permit, to prohibit admission to persons under the age of 18 unless accompanied by a parent or legal guardian. BUDGETARY IMPACT None. PREVIOUS ACTION A public hearing was held on March 21, 2006 to give the community the opportunity to comment on smoking ordinances. SUBSEQUENT ACTION None. RECOMMENDED BY Public Health Director, City Manager and City Attorney. { ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FORSEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 100% NO SMOKING secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 100% NO SMOKING of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS the purposes of this ordinance are 1 to protect the public health an P P ( ) p p d welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. Page 4 100% NO SMOKING (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco like product such as cigarettes, cigars, pipes, or other such device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet(25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. Page 5 100% NO SMOKING (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or Page 6 100% NO SMOKING (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. Page 7 100% NO SMOKING ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or Page 8 0 100/o NO SMOKING (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (26). ARTICLE III. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting 0 an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 9 ` r 100% NO SMOKING 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 25`h day of April, 2006. - Mayor Guy N. Goodson - Page 10 try t • ' x ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 LESS THAN 100% secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 LESS THAN 100% of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS between 2000 and 2004 cigarette use among middle school and high , g 9 9 school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS,comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 LESS THAN 100% guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. - Page 4 LESS THAN 100% (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises Page 5 LESS THAN 100% consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like products, such as cigarettes, cigars, pipes, or other such device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 I LESS THAN 100% Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility)or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or Page 7 LESS THAN 100% (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: Page 8 LESS THAN 100% (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; Page 9 LESS THAN 100% (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner, operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article II I (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15(Restricted Smoking Facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). Page 10 LESS THAN 1009/6 ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; (2) no one underthe age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and (3) the designated smoking area is equipped with a separate,operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 11 LESS THAN 100% this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1 st will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1 st to December 31 st. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result Page 12 LESS THAN 100% in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. Page 13 LESS THAN 1001/6 (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty(30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for Page 14 LESS THAN 100% hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearin 9 Y P 9 before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 15 LESS THAN 100% 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 25th day April, 2006. - Mayor Guy N. Goodson - Page 16 ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 3RD VERSION secondhand smoke have an increased risk of asthma, respiratory infections,sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 3RD VERSION of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS,the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 3RD VERSION guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar, for purposes of this chapter, means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" for purposes of this chapter. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. Page 4 3RD VERSION (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Minor, in this chapter, means a person under eighteen (18) years of age. (8) Operator means the owner or person in charge of a public place or workplace, including an employer. (9) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (10) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises consumption, including a bar area located in a restaurant. The term shall Page 5 3RD VERSION include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like product, such as cigarettes, cigars, pipes, or other devices. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 3RD VERSION Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department at each entrance to the premises clearly stating that smoking is prohibited on the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted on the premises under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. Page 7 3RD VERSION (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. 0 Page 8 3RD VERSION (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Page 9 3RD VERSION Sec. 4-10. Exception for Bar. A person may smoke in a bar if the owner or operator of the premises has obtained an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility). Sec. 4-11. Outdoor Distance Exception. A person may smoke within twenty-five feet(25')of an entrance to a smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-12. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-13. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; and (2) as a condition of the issuance of a permit, no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-14. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 10 3RD VERSION this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (4) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1St will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1St to December 31St. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. Page 11 3RD VERSION ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-15. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-16. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-17. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-18. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary bythe health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a permitted public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. Page 12 3RD VERSION (C) The inspection report form shall set forth the following: (1) the specific conditions in the permitted smoking establishment or public place, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. Sec. 4-19. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: Page 13 3RD VERSION (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-20. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-21. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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. Page 14 3RD VERSION 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 25th day of April, 2006. - Mayor Guy N. Goodson - Page 15 2 April 25,2006 Consider approving a contract for property insurance i • City of Beaumo nt Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council approval to award a contract for fire, extended coverage, flood and quake property insurance. RECOMMENDATION 0 Administration recommends the award of a bid to McGriff, Seibels&Williams,Inc. of Dallas,Texas for a one(1)year fire, extended coverage,flood and quake property insurance policy effective May 1, 2006. The annual premium of$1,062,958 includes an all risk peril policy with a loss limit of $108,473,207, Boiler and Machinery coverage, Electronic Data Processing (EDP) equipment and Terrorism coverage. BACKGROUND Requests for Proposals were received on Thursday, April 13, 2006 for providing a one(1)year fire, extended coverage,flood and quake insurance policy. Three(3)companies submitted proposals for evaluation and review. Of the three submitting proposals, only two provided windstorm coverage. The Texas Municipal League Inter-govemmental Risk Pool proposal excluded windstorm coverage and was not considered. This past year's substantial losses in coastal areas due to Hurricanes Katrina, Rita and Wilma have resulted in reduced insurance coverage and increased premiums to coastal customers. Frost Insurance of San Antonio and McGriff, Seibels and Williams of Dallas provided numerous cost quotations with varying degrees of coverage. After considerable review and evaluation, it was determined that the coverage to be provided by the City's current carrier, McGriff, Seibels and Williams was the most comprehensive. The proposal submitted by Frost Insurance Company was more expensive, contained higher deductibles and did not provide coverage for the total insured value. The scheduled deductibles offered in the selected insurance plan are as follow: Property Insurance April 20, 2006 Page 2 Fire $50,000 Windstorm/Hail through the $75,000 per occurrence. Maximum Limit per structure is Texas Windstorm Insurance $2,192,000. Excess at 5% of Total Insured Value of Association(TWIA) structure per location subject to $250,000 per occurrence minimum. Flood $250,000 Flood -Flood Zone A 5% of TIV per location subject to $1,000,000 per occurrence Flood Hazard(Areas of 100 Year Flooding) Boiler and Machinery $25,000 The current policy through McGriff, Seibels and Williams provided a maximum$500,000 deductible for all losses incurred from Hurricane Rita. To date, damage claims filed for city buildings and facilities total approximately$12,000,000. The premium for the policy expiring April 30,2006 was $255,676. There were no claims filed in excess of $2,192,000 for any of the City's damaged structures. Damage claims were filed on 118 buildings or facilities as a result of Hurricane Rita. The policy begins May 1, 2006 and expires May 1, 2007, BUDGETARYIMPACT Funds are available in the Building Services Division's operating budget. Additional funds to cover the increased premium are available in the General Fund from increases in sales tax revenue. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for a one(1)year fire,extended coverage,flood and quake property insurance policy; and, WHEREAS, McGriff, Seibels & Williams, Inc. of Dallas, Texas, submitted a bid for an annual premium in the amount of$1,062,958; and, WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, for an annual premium in the amount of$1,062,958 for a one (1) year fire, extended coverage, flood and quake property insurance policy effective May 1, 2006 to May 1, 2007 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 3 April 25, 2006 Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund • !� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 10, 2006 REQUESTED ACTION: Amend the FY 2006 Budget to increase expenditures in the Water Utility Fund by$1,936,147. RECOMMENDATION It is recommended that Council amend the FY 2006 Budget to include $1,906,147 for FY 05 water projects that are being completed in FY 06 and $30,000 to purchase a new high capacity envelope feeder for Water Customer Service. The detail of this proposal is attached. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. BUDGETARY IMPACT The proposed FY 2006 Budget amendment will increase total appropriations by$1,936,147. Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues are not able to fully sustain these appropriations due in part to the fact that $1,906,147 of appropriations was unspent in the FY 2005 Budget. PREVIOUS ACTION No prior FY 2006 Budget amendments have been proposed or approved. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer Proposed Budget Amendments FY06 Water Utility Fund Water/Sewer Projects At the close of fiscal year ended September 30, 2005, Water Utilities had several projects in progress or scheduled to begin. These projects were included in the FY 05 budget, but were not completed in FY 05. They were not included in the FY 06 Budget. Funds are now needed to complete the FY 05 projects and are available as follows: Water Utilities FY 05 Budget FY 05 FY 05 Funds Account Description Budget Expended Available Engineering $ 200,000 $113,046 $ 86,954 Construction 2,894,300 654,146 2,240,154 Subtotal 3,094,300 767,192 2,327,108 Less: Operating funds over budget (420,961) Net Funds Available from FY 05 Budget $ 1,906,147.00 The FY 05 projects are as follows: FY 05 Budgeted Projects Ongoing in FY 06 Project Area Amount Water Production $ 51,500 Water/Sewer Maintenance 15,000 Water Reclamation 8,300 Sanitary Sewer Rehabilitation 1,831,347 Total Funds Required $1.906.147.00 High Capacity Envelope Feeder An envelope feeder is used at Water Customer Service to fold and stuff water bills, inserts, and return envelopes for mailing. In excess of 40,000 bills are mailed out monthly. An additional 7,400 delinquent notices will go out monthly when the new water system goes live in May. The current machine has been in operation for about twelve years and has a life of approximately one million cycles. The machine has currently processed approximately three million cycles. It has been serviced four times in the last three months. There is a concern about the availability of parts when the machine needs repairing again because it has been discontinued. Our service contract is with Pitney Bowes. The sales representative strongly recommends replacing the machine to avoid costly downtime. High Capacity Envelope Feeder $ 30,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2005/2006 TO ALLOCATE $1,936,147 FROM THE FUND BALANCE TO THE WATER UTILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the Water Utility Department had several projects budgeted for FY2005 which were in progress or scheduled to begin but were not completed. These projects were not provided for in the FY2006 budget; and, WHEREAS, the Water Utility Department is in need of a high-capacity envelope feeder to be used in the Customer Service Division to fold and stuff water bills, inserts and return envelopes for mailing. This item also was not included in the FY2006 budget; and, WHEREAS, the FY2006 budget should be amended to appropriate and transfer from the Fund Balance $1,906,147 to cover the expenditures necessary to complete the several projects not completed in FY2005 and $30,000 for the purchase of a high capacity envelope feeder for use in the Customer Service Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the fiscal budget of the City of Beaumont for the period commencing October 1, 2005 - September 30, 2006 be and the same is hereby amended to appropriate and transfer the sum of$1,936,147 from Fund Balance to the Water Utility Fund to cover the expenditures necessary to complete the projects not completed in the FY2005 and for the purchase of a high capacity envelope feeder for use in the Customer Service Division as reflected in attached Exhibit "A." 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 25th day of April, 2006. - Mayor Guy N. Goodson - 4 April 25, 2006 Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club • City of Beaumont '� Council Agenda Item A - . K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Special Projects Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 13, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Amendment to the Management and Concession Agreement with the Beaumont Yacht Club. RECOMMENDATION Administration recommends amending the 1998 Management and Concession Agreement with the Beaumont Yacht Club to address the losses caused by Hurricane Rita. BACKGROUND On October 1, 1998 the City entered into a Management and Concession Agreement with the Beaumont Yacht Club (BYC) for its continued operation of the City's public marina. The marina is located on approximately 30 acres of city-owned riverfront property north of Interstate 10. The City invested about $1,000,000 in marina improvements in 1999, bringing past and present investment to just over $1,500,000. Because the facilities are income producing, the City was to recover its investment from the BYC. A payment schedule was established that provided monthly installments over a 15-year term from BYC's operating revenues. Timely payments were made until September 2005. On September 24, 2005 Hurricane Rita hit the Beaumont area and caused extensive damage at the marina. The damage was almost exclusively to 73 uninsurable older storage stalls,which happened to generate considerable income for the BYC. There was no loss to the newer facilities—docks,wet storage, dry storage building — which are of high value and completely insured. City staff has applied for FEMA assistance, but there are no cost-efficient means to rebuild the destroyed dry- storage stalls with federal funds and meet the mitigation requirements. Therefore, the subsequent economic recovery for this loss will be directed to another eligible project, except for the funding to clean up the property. Amendment to BYC Management and Concession Agreement April 13, 2006 Page 2 The current Agreement requires payments of approximately$11,200 per month. Because of the loss of a considerable amount of its income,the BYC payment capacity has been significantly reduced. To remain viable, the BYC is requesting an amendment to the existing Agreement in which the monthly installments would be reduced to $7,500. Given existing conditions,amending the Agreement to provide for payments of$7,500 per month, effective January 1, 2006 through June 30, 2015 when the current Agreement expires, seems prudent. Staff is also proposing that this action bring the Yacht Club current and that credit against the monthly payment be given for clean up expenses incurred by the Yacht Club, which are ultimately covered by FEMA. This action will assist and serve the needs of both the BYC and the City. The remaining terms and conditions of the Agreement will remain unchanged. BUDGETARY IMPACT There is no substantive budgetary impact created by this action. PREVIOUS ACTION City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club on September 22, 1998 by Resolution No. 98-261. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club for its continued operation of the City*s public arena; and WHEREAS,said agreement established monthly installments of$11,200 per month over a 15-year term to be paid by the Beaumont Yacht Club to the City of Beaumont; and WHEREAS, the Beaumont Yacht Club made timely payments to the City of Beaumont until September, 2005, when Hurricane Rita caused extensive damage to the marina resulting in a considerable loss of income by the Beaumont Yacht Club resulting in reduced capacity to make payments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club reducing its monthly installments to$7,500 per month effective January 1,2006 through June 30,2015. BE IT FURTHER RESOLVED THAT this action will bring the Beaumont Yacht Club current in its payments and that credit against the monthly installment will be directed to cleanup expenses incurred by the Beaumont Yacht Club. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ! 5 April 25,2006 Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department City o f Beaumont �• Council Agenda Item M M g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 12,400 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award for use by the Public Works Department, Streets and Drainage Division. The total estimated expenditure is $164,710 for the contract period. The award is to the overall low bidder and not the low bidder per item in order to streamline the procurement process for the user department. This will eliminate complications which could arise from a multiple vendor award. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Fifteen (15) vendors were notified with seven (7) submitting bids as reflected in the attached bid tabulation. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Annual Contract for Corrugated Polyethylene Pipe April 18, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. 0 0 0 BID TABULATION:ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE BID OPENING DATE: THURSDAY, MARCH 30,2006 @ 2:00 PM BID NUMBER: RF0306-36 Vendor Coburn Supply Golden Triangle Pipe Hughes Supply Act Pipe & Supply City/State Beaumont,TX Beaumont, TX Lufkin, TX Houston, TX QTY. Fax Number 409.839.8157 409.842.2736 936.632.7834 j 713.947.7451 per foot 71 total er foot total er foot I total 1j per foot totem 1,000 12"pipe $3.86 $3,860.00 $3.85 $3,850.00 $3.86 $3,860.00 $3.89 $3,890.00 6,000 15" pipe $5.41 $32,460.00 $5.40 $32,400.00 $5.41 $32,460.00 $5.46 $32,760.00 2,000 18"pipe $6.86 $13,720.00 $6.80 $13,600.00 $6.87 $13,740.00 $6.93 $13,860.00 1,500 24"pipe _ $11.72 $17,580.00 $11.65 $17,475.00 $11.73 $17,595.001 $11.84 $17,760.00 500 36"pipe $21.10 $10,550.00 $21.10 $10,550.00 $21.11 $10,555.00 $21.32 $10,660.00 200 48"pipe $36.70 $7,340.00 $37.10 $7,420.00 $37.11 $7,422.00 $37.49 $7,498.00 1,200 60" pipe $66.00 $79,200.00 $68.95 $82,740.00 $68.69 $82,428.00 $70.10 $84,120.00 Total 164,710.00 168,035.00 168,0 06 00 170,548.00 IDelivery Time 3 da s 5-10 days 5-7 days j N/A J i� Vendor Rural Pipe & Supply ulverts of Southeast Texas Seabreeze Culvert City/State Jasper, TX Lumberton, TX Stowell, TX QTY. Fax Number 409.384.9363 409.755.3636 409.296.4099 per foot total er foot total perfoot F total 1,000 12"pipe $3.96 $3,960.00 $3.97 $3,970.00 $4.05 $4,050.001 6,000 15"pipe $5.54 $33,240.00 $5.55 $33,300.00 $5.45 $32,700.00 2,000 18"pipe $7.03 $14,060.00 $7.12 $14,240.00 $7.66 $15,320.00 1,500 24" pipe $12.05 $18,075.00 $11.97 $17,955.00 $11.99 $17,985.00 500 36"pipe $21.65 $10,825.00 $21.79 $10,895.00 $23.62 $11,810.00 200 48"pipe $37.70 $7,540.00 $38.14 $7,628.00 $38.37 $7,674.00 1,200 60"pipe $69.25 $83,100.00 $71.30 $85,560.00 $71.71 $86,052.00 Total 170,800.00 173,77� 175,591.00 ��Delivery Time �1 3-5 A.R.O. 1-2 day s N/A _I RESOLUTION NO. WHEREAS, bids were received for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Coburn Supply of Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated amount of$164,710: per foot total $3.86 $3,860.00 $5.41 $32,460.00 $6.86 $13,720.00 $11.72 $17,580.00 $21.10 $10,550.00 $36.70 $7,340.00 $66.00 $79,200.00 TOTALI $164,710.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Coburn Supply of Beaumont, Texas, in the unit amounts shown above for an estimated amount of $164,710 for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 6 April 25, 2006 Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider authorization of an interlocal agreement for the purchase and installation of traffic signal retrofits. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the City of Garland,Texas for the purchase and installation of traffic signal retrofits for the unit prices indicated below from Republic Electric of Colleyville, Texas. BACKGROUND The City of Garland has awarded a contract to Republic Electric in compliance with bidding requirements of the State of Texas to provide and install traffic signal retrofit equipment. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for review. Many traffic signals in Beaumont currently operate incandescent lamps. The Transportation Division has been replacing damaged and inoperable incandescent signal heads as needed with new signal heads that use Light-Emitting Diode (LED) technology. LED lamps dramatically reduce power consumption by burning brighter using less power than an incandescent lamp. LED lamps also reduce maintenance costs because they have an average life span of ten (10) years, whereas a typical incandescent lamp has an average life span of only one (1) year. The traffic signal LED retrofit components offered by Republic Electric convert existing signal heads from incandescent to LED lamps without the expense of replacing the entire signal head. Under the Interlocal Agreement with City of Garland April 19, 2006 Page 2 terms of the contract, Republic Electric offers the following prices to provide all labor and equipment required to install the LED retrofit components: LED Retrofit Component LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16 /each 12" Yellow Arrow $61.25 /each 12" Green Ball $100.75 / each 12" Green Arrow $81.Beach BUDGETARY IMPACT Funding will be provided by a lease purchase agreement in the amount of approximately $216,859.27 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT This agreement made and entered into this day of , 20 , by and between (hereinafter called "THIS GOVERNING BODY") and other governmental entities as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT EXECUTED hereto on the day and year first above written. CITY OF GARLAND, TEXAS BY: TITLE: CITY OF GARLAND, TX 75046-9002 BY: TITLE: CITY OF BEAUMONT, TX 77704 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an interlocal purchasing cooperative agreement with the City of Garland, Texas to enable the purchase and installation of traffic signal retrofits forthe unit prices indicated belowfrom Republic Electric of Colleyville, Texas: LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16/each 12" Yellow Arrow $61.25/each 12" Green Ball $100.75 /each 112" Green Arrow $81.27 /each PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - • 7 April 25, 2006 Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel • 4 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. RECOMMENDATION The Administration recommends approval of the request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. BACKGROUND Patricia A. Hotalen, the property owner, is requesting an HC-L (Historic Cultural-Landmark Preservation) Designation for the house at 2106 Hazel. The residence was built in 1907 by T.V. Smelker. Mr. Smelker was a partner in several prominent real estate and insurance companies in Beaumont in the early 1900's. The house was designed by Henry Conrad Mauer who was a prominent architect in Beaumont in the early and mid 1900s. Mr. Mauer's work influenced the development of Beaumont in the early oil boom days by designing numerous mansions such as the McFaddin-Ward House,Weiss House,C.T.Heisig House,Hinchee House, Chambers House and a number of public buildings. The residence exhibits distinguishable Victorian or Neo-Colonial characteristics. Architectural elements significant to the early 1900 period residence are the gingerbread, columns, siding, Palladian window, numerous large windows,porch,tile roof and servants quarters/carriage house. The Smelkers made major changes to the house in 1929. While the house is nearly 100 years old, it still exists much like when the Smelkers owned it. It has not undergone significant structural changes since the 1920s. All of the house's additions and modifications were made in the early 1900s by the Smelkers. The house is listed in the 1990 SPARE Beaumont survey and is considered a contributing structure to the Oaks Historic District. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 10,2006,the Historic Landmark Commission voted 8:0 to approve the request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. At a Joint Public Hearing held April 17, 2006, the Planning Commission voted 9:0 to approve the request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,Historic Landmark 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2106 HAZEL, 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 establishing an HC-L(Historical-Cultural Landmark Preservation) Designation for property located at 2106 Hazel, being Lot 1 and the east 37' of Lot 2, Block 34, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, 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 of 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 ord p p 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 25th day of April, 2006. - Mayor Guy N. Goodson - n /• K �� IO I of ' st ss es tJ I e•. • J 4 • s `� File 49-HC: Request for a Historic-Cultural Landmark Preservation Designation. NORTH Location: 2106 Hazel . ' I Applicant: Patricia A.Hotalen SCALE 1"-200' \ tt I lJ t• �1J � t� O• ! I J t I l 7 ♦ � f I A 6 A E ; l i so/ _ {ASHLEY AVE. SO i. �1! to 1/ 0 • • f If ♦ I ! 1 / f. • !. b /! f ♦ f 't/ f /! • f k i y c ev �/ s"♦ s,r♦s N a ! IF Is /f LO t/ st es eJ t1 "t • J ' t ! l / • d • ! ! / t / 40 N I , i .� f So 50 5o Sp Sw 30 - 1 LONG AVE. w 1 so so so - - so, SO - IJ, IJ I/ to f I 7 • ! t J J / l '• A a // it 7 f /0 // It 7 ,. Of K I7 ,• /♦ !O t/ rt n 14 15 �/ �t • J : J r - f , � �. 1 ,J � t , �d' • AR SgM, .A E- i' / SO 10 30 30 40 t �HARRISON AVE. 2/00 67 2000 50 50. t/ 7 I /J /t /I p 11 J 1 • J ' 3 . ' I • l II /J is /f /• /! t 0 t/ If u t• LJ t•�>f .q • ! I ! - I. '♦ I • J t ?A/ A� :� E' 3o So SO • 50 So HAZ_ EL AVE. 31 50 M 30 is /t // ro f • l i I S r♦.'' J I I / 7 • 6 4tf 2T a . /* /J /• 17 !• I !J ` to t/ tt tJ N tJ ` NORTH ST. S /I sa I .• I . 1 _ i . '� , �.. . �, EXHIBIT "All S April 25, 2006 Consider approving a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore C City of Beaumont Council Agenda Item � � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 60' x 274'portion of Porter Street between Hemlock and Sycamore. RECOMMENDATION The Administration recommends approval of the request to abandon a 60'x 274'portion of Porter Street between Hemlock and Sycamore. BACKGROUND Willie D. Brown,the applicant and an adjacent homeowner, is requesting an abandonment of a 60' x 274' portion of Porter Street. This part of Porter Street is located east of Hemlock and west of Carroll Street. The subject property is landlocked right-of-way that was never developed as a street. According to Mr.Brown,the right-of-way is filled with trees uprooted by Hurricane Rita,debris and trash that is hazardous to the surrounding properties. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 17,2006,the Planning Commission voted 9:0 to approve a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60 x 274 PORTION OF PORTER STREET BETWEEN HEMLOCKAND SYCAMORE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60 x 274 portion of Porter Street between Hemlock and Sycamore, beginning at the southwest corner of Lot 7, Block 3, and the northwest corner of Lot 1, Block 4, Clay Morris Addition and extending in an easterly direction for a distance of 274', City of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 4 v 7-112 cv f�E AN � //6 �'O 25' g' 5d— NORTH SO 37 3A� - 0 �O ,\ h ,0 v File 691-0B: Consider the abandonment of a 60' a 274' portion of Porter Street. NORTH Location: Porter Street between Hemlock and Sycamore AL Applicant: Willie Brown I SCALE 1"=100' 1 8 ` 3 DLG ST. ° SC ' 9 3A 62_77 9 317 a T 8 9 10 !/ 12 4 3 C e P :N5c W ;z W pV• t 3 � !0 •P RT R 3 0°- ' lGk7 57.76 Z P8 30 6 6 6 6 1 6 6 5 ! 6. 5. 432 / 4 9 . Lolu Q PO TE j/ ,. Q9 2? .j7 27 � as.25 qo.s4 . v �✓ 49 0 5L5_R' 53 .29 14 O 9 15 = 48 47 4645 4.4 4 6 7 8 9 10 . 16 47.1.2 6 90 /l6 r 50 50 50 50 . SO 60 50 �� ��. ii ii 1� 33'P-61,13 S ,� 1. �QS� 1-2 • m t+ 9, 4 5 3 6 7' 8 9 ,, !3 oo 0 �. 5d 40' 33' 6 5Q Ic DOUCETTE AW. 50' qa' Fso. 5U 50 50 EXHIBIT "A" �� ! 9 April 25, 2006 Consider approving a settlement agreement with CenterPoint Energy . ! City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval of a Settlement Agreement with CenterPoint Energy. RECOMMENDATION Administration recommends the approval of a Settlement Agreement with CenterPoint. BACKGROUND CenterPoint filed a Statement of Intent with the City on June 30, 2005. CenterPoint maintained that the City should grant the increase as previously ordered by the Railroad Commission for its customers in the unincorporated areas. This was the first time a gas utility had filed a rate increase request at the Railroad Commission for the unincorporated areas prior to filing such a request with the municipalities in its service territory. The Railroad Commission order was issued without any interventions and without any testimony being filed other than CenterPoint's testimony. The City of Beaumont is part of a coalition of cities known as the Alliance of CenterPoint Municipalities("ACM"). The ACM Cities maintained that CenterPoint failed to publish notice of its increase in rates as required by statute. The ACM Cities ordered CenterPoint to properly publish notice of its increase in rates as required by law. CenterPoint failed to comply with these orders. CenterPoint filed an updated rate filing package. CenterPoint refused to answer any discovery about the updated rate filing package even though ordered to do so by the ACM Cities. On November 3, 2005, CenterPoint implemented its increased rates Statement of Intent. The ACM Cities ordered CenterPoint to cease and desist from charging the higher rates. The cease and desist ordinances were appealed by CenterPoint to the Railroad Commission. CenterPoint claimed that it had the right to impose higher rates by operation of law—after the expiration of 125 days—because the ACM Cities had not taken final action on its rate request. The ACM Cities asserted that CenterPoint could not implement higher rates—even by operation of law—without first providing public notice. SETTLEMENT AGREEMENT Just a few days before the start of hearings at the Railroad Commission the Settlement Agreement was hammered out. Without a settlement it was obvious that the losing party would appeal the Commission decision. It is quite likely that the appeal would not be exhausted for at least three years. The outcome of an appeal could not be known with 100% certainty. In light of this uncertainty,the Settlement Agreement is being brought to the Council for your consideration. The highlights of the Settlement Agreement are set forth below. Rate Reduction The customer charge for residential customers is being reduced by$9.00 per year. Protection Against Rate Increases CenterPoint cannot raise base rates for any purpose over the next three years. This means CenterPoint cannot raise rates due to any cost increases,including cost increases resulting from: (a) hurricanes or weather events; (b) inflation or escalation in the cost of goods or services; (c) escalation in the cost of labor or benefits; and (d) the cost of the installation, relocation or replacement of pipes. File With the Cities First After the expiration of the three-year rate freeze, CenterPoint can only raise base rates if it first files with the ACM Cities. CenterPoint will not be permitted to file at the Railroad Commission for a rate increase in the unincorporated areas before it files with the ACM Cities. Public Notice Must be Specific and Meaningful CenterPoint will not be allowed to file a general rate case without publishing notice in a manner that is very similar to the public notice requirements set forth by the ACM Cities in the "interim order" ordinance. The public notice will have to be in a local newspaper. See Exhibit D. The notice will be conspicuous and give detailed information about the increase in rates. All Rate Case Expenses Will be Borne by Shareholders The rate case related expenses of CenterPoint and the expenses of attorneys and consultants for the ACM Cities,up to$230,000,will be borne by shareholders. This means that none of these costs will be borne by the ratepayers of CenterPoint. Payment for Other Claims CenterPoint has agreed to pay the ACM Cities the sum of$414,000 for"other claims." This sum will be distributed to the ACM Cities to be used as directed by the individual city councils for the benefit of their citizens. RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) night vision infrared handheld cameras for the Police Department; and, WHEREAS, DTC Communications, Inc. of Nashua, New Hampshire, through a contract with the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS), submitted a bid in the amount of$26,272; and, WHEREAS, City Council is of the opinion that the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, in the amount of$26,272 for the purchase of two (2) night vision infrared handheld cameras for the Police Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - E MAW, .l City of Beaumont qw- Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 17, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. BACKGROUND The City authorized Jefferson County's debris contractor, DRC Emergency Services, LLC to use the Beaumont Municipal Airport for the purpose of establishing a debris reduction site in September 2005. The site was used for the burning and chipping of wood debris from Hurricane Rita. The purpose of this Site Release Form is to document the agreement with DRC that the site restoration at the Beaumont Municipal Airport has been satisfactorily completed. In addition to Jefferson County's contractor, the Corp of Engineers contractor was also located at the Beaumont Municipal Airport. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. BUDGETARY IM PACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Authorization to use the Beaumont Municipal Airport as a debris reduction site by DRC was provided in September 2005. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager and Public Works Director DRCSiteReleaseForm.wpd April 17,2006 .l City of Beaumont : . A EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Stoneway L. P., a Texas limited partnership, has agreed to convey a ten foot (10') water line easement to the City of Beaumont in a Correction Water Line Easement document. This easement will provide mandatory access for fire prevention services across the Stoneway property, located p P off East Lucas Drive and described as follows: Line "A"—being 0.34 acres out of H. Williams Survey, Abstract 57; and Line `B"—being 0.35 acres out of H. Williams Survey, Abstract 57 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION The original easement was conveyed on October 14, 2005 with the authority of Resolution No. 05-210. It included an incorrect metes and bounds description,which will be corrected with this Correction Easement. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_stoneway2-ib.wpd 19 April 2006 RESOLUTION NO. WHEREAS, Stoneway L. P., a Texas limited partnership, has conveyed a ten-foot (10') Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services across the Stoneway property located off East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneway L. P., a Texas limited partnership, as described on Exhibit "A'.' be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ® ARCENEAUX & GATES CENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.34 ACRES OF LAND SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO. 57, BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "A" Being a 0.34 acre tract or parcel of land, a portion of that certain tract of land(called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County,Texas, as situated in and a part of the H.Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract, this point also marks the Southeast comer of the herein described tract of land; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 00 deg. 21 min. 08 sec. West, departing said right of way line along the West line of this tract,parallel with and 10.feet normal distance from the East line of said 15.453 acre tract a distance of 456.78 feet to an"ELL" comer; THENCE South 89 deg. 38 min. 52 sec.West a distance of 34.81 feet to an"ELL" corner; THENCE North 00 deg. 21 min. 08 sec. West a distance of 10.00 feet to an"ELL" corner; THENCE North 89 deg. 38 min. 52 sec. East a distance of 34.81 feet to an"ELL" comer; EXBIBIT "A" (1 of 8) .. '\\Agengsa cAa&g\A&G SURvBYING\METBS&BOUNDS\200A05-DCS-020-A.doc iTHENCE North 00 deg. 21 min. 08 sec.West, continuing along the West line of this tract,parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 920.07 feet to a point located on the North line of said 15.453 acre tract marking the Northwest comer of the herein described tract of land; THENCE South 89 deg. 40 min. 33 sec.East along the North line of said 15.453 acre tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap marked 3636 found marking the Northeast corner of said 15.453 acre tract and the Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec.East along the East line of said 15.453 acre tract with the East line of this tract a distance of 1436.87 feet to tbP—Southeast comer and PLACE OF BEGINNING and containing in area 14,716 square feet or 0.34 acres of land,more or less. Surveyed May, 2005 O ...1'F C ..Q� � Fo•.cs ......................................................... JOHN. ...BOB)HODGES v 4583 �Ago �•`� J . (Bob)Hodges,R.P.L.S. 4583 SU An Exhibit accompanies this metes and bounds description Bearings referenced to the North Right of Way line of East Lucas Drive North 89 deg. 37 min. 01 sec. West- deed EXHIBIT °A" (2 of 8) .. '\\Agengservte4&&\A&G SURVBYWr,\MBTW&BOUNDS\2005\05-DCS-020-A.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BEAUMONT COUNTRY CLUB DUVALL FlRST CORP. VOL 1310 PG. 194 CF NO. 2004036328 ORJC OPRJC FND 5/8' SR L7 W/CAP 3636 � 15.453 ACRES I A STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 1 OPRJC 0 100 200 SCALE IN FEET s o• �� I >r g a A �WS O NEGLEY STREET LINE "B• II I --- --_ �_ -_______- � w I z� �a3 Y �1 m U_a xz� O�N BEAUMONT INDEPENDENT SCHOOL DISTRICT 1 W OF JEFFERSON COUNTY, TEXAS LINE "A'" a VOL 1083 PG. 453 1 14,716 SQ. FT. DRJC I 0.34 ACRES OF 7F LINETABLE �Ll NUMBER DIRECTION DISTANCE PGA T R L1 I N 89'37'01" W 10,00' 1 0.::••• I L2 I N 00'21'08" W 1 456.78' .....••• '' F L3 S 89'38'52" W 34.81' B L4 I N 00'21'08" W 110.00' 1 L5 N 89'38'52' E 34.81' '•:•0 45 I Q '•.90 L6 I N 00.21'08' W--j 970.07' L7 IS 89'40'33' E 10,00' 'YQ L8 S 0921'08' E 1436.87' 1 I NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. LINE OF EAST LUCAS DRIVE N 89' 37' 01" W B SR FND 5 DEED. I / 2. THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.0.13_ LINE "A" EXHIBIT "A" (3 of 8) LINE"A" ® EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.34 ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP ARCENEAUZ Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. & ffiigSnsen 8ungore Plenaen - GATE3 SURVEY,ABSTRACT NO.57 ,s BEAUMONT,JEFFERSON COUNTY,TEXAS j ALVA ARCENEAUX ARCENEAUX & GATES & Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.35 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY,ABSTRACT NO. 57) BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE `6B" Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES,commence at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast corner of the above described 15.453 acre tract; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for corner; THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel _ with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 862.79 feet to a point marking the lower Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE West a distance of 447.36 feet to an angle point for corner; THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point for corner; EXHIBIT "A" .(4 of 8) C:1A&GkM&.B\2005W 5-DCS-020-B.aoc One Turtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Pnrt A.+h. TV'MAo Ano/"n� THENCE North a distance of 6.40 feet to an angle point for corner; THENCE West a distance of 275.76 feet to a point located on the upper West line of said 15.453 acre tract and the East Right of Way line of Pennock Avenue marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and upper West line of said 15.453 acre tract with the West line of this tract a distance of 10.00 feet to a point marking the Northwest comer of the herein described tract of land; THENCE East, departing said East Right of Way line a distance of 275.81 feet to an angle point for corner; THENCE North a distance of 99.46 feet to an angle point for corner; THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38 deg. 24 min. 52 sec., an are distance of 181.23 feet, a chord distance of 177.85 feet and a chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner; THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17 deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for comer; THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35 deg. 02 min. 32 sec., an are distance of 127.20 feet, a chord distance of 125.23 feet and a chord bearing of North.73 deg. 33 min. 29 sec. East to an angle point for comer; THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking the upper Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a distance of 10.00 feet to a point marking the upper Southeast comer of the herein described tract of land; EXHIBIT "A" (5 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc 4. THENCE South 89 deg. 38 min. 52 sec. West a distance of 212.86 feet to an angle point for comer; THENCE along a curve to the left having a radius of 197.98 feet, a central angle of 35 deg: 04 min. 01 sec., an are distance of 121.17 feet, a chord distance of 119.29 feet and a chord bearing of South 73 deg. 34 min. 14 sec.West to an angle point for comer; ::THENCE South 38 deg. 12 min. 42 sec. East a distance of 16.16 feet to an angle point for comer; THENCE South 51 deg.47 min. 18 sec. West a distance of 10.00 feet to an angle point for coiner; `...'-THENCE North 38 deg. 12 min. 42 sec..West a distance of 10.00 feet to an angle point or comer; THENCE along a curve to the left having a radius of 351.00 feet, a central angle of 14 deg.:17 min. 54 sec., an arc distance of 87.59 feet, a chord distance of 87.36 feet and a ch6�td bearing of South 45 deg. 33 min. 49 sec. West to an angle point for corner; THENCE along a curve to the left having a radius of 260.30 feet, a central angle of 38 deg..24 min. 52 sec., and are distance of 174.52 feet, a chord distance of 171.27 feet and a:chord bearing of South 19 deg. 12 min. 26 sec. West to an angle point for comer; THENCE South a distance of 110.73 feet to an angle point for comer; THENCE South 53 deg. 51 min. 33 sec. East a distance of 22.39 feet to an angle point For comer; THENCE North a distance of 15.37 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; T�iENCE South a distance of 17.47 feet to an angle point for corner; EXHIBIT "A" (6 of 8) C:a&GSM&H\2005103-DCS-020-B.doe THENCE East a distance of 385.19 feet to an angle point for comer; THENCE North a distance of 17.60 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; THENCE South a distance of 17.60 feet to an angle point for corner; THENCE:East`a distance of 41.72 feet to a point marking the lower Northeast corner of the herein.de§6d tract of land; THENCE;Saiffi 00 deg. 21 min. 08 sec. East along the lower East line of this tract a :di Lance of 10:.00 feet to the lower Southeast comer and PLACE OF BEGINNING and containing iz ;area 15,402 square feet or 0.35 acres of land, more or less. S.of rF Surveye d'I�Taji; 2005 Q�`G� �9Fo N :. JOHN R:(BOB)Hp DGES ... 4583 ....v:,....p P`•:9 y••.o,� slob pQ' ° SURV Jo (Bob) Hodges,R.P. #4583 / ' `tin Ei�lubit accompanies this metes and bounds description Bearings:"referenced to the North Right of Way line of East Lucas Drive I+lorth.99 dog 37 min. 01 sec. West- deed '~An (7 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BF-AUA40NT COUNTRY CLUB DUVALL FIRST CORP. VOL. IJIO PG. 194 CF NO. 2004036328 ORJC OPfFND 5/8" SR W/CAP 3636 15.453 ACRES STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 I. 0 100 200 OPRJC � 3 SCALE IN FEET uo u1 A C — —— —Lt 2 — 2 J � V � UNE "A" ^t���o wd P V C�i t 5,402 S0. FT. o ^o 'I 0.35 ACRES I J NEGLEY STREET I� L17 LIS J 1-19 L23s = - - -L21 - - --� ' L26 l3 �~ LINE °B•' i LINE TABLE Z a NUMBER DIRECTION DISTANCE w w I L1 N 8937'0 W 10-00' d U L2 N 00'21'08' W 862.79' L3 WEST 447.36' U w^ I L4 N 5551'33" W 34.29' O a L5 NORTH 6.40' Al, OF 7'� z J I L6 WEST 275.76' ,•" W BEAUA40NT INDEPENDENT SCHOOL DISTRICT L7 N 00'18'40' W 10.00' I �Q` (j�s EA '•..(� OF JEFFERSON COUNTY, TEXAS LB EAST 275.81' VOL. 1083 PG. 453 I L9 NORTH 99.46' �•' DRJC L10 N 89'38'52' E 212.70' '. R.�Bp . Q I L11 S 00'21'08" E 10.DO' L12 S 89'38'52" W 212.86' L 13 S 38'12'42" E 16.16' L14 S 51'47'18' W 10.00' L15 SOUTH 38`12'42" W 16.46' L17 S 53'51'33" E 22.39' CURVE TABLE I LIB NORTH 15.37 NUMBER RADIUS DELTA ANGLE ARC LENGTH CHORD LENGTH CHORD DIRECTION I L19 EAST 10.00' Cl 270.30 38 24'52" 181.23 177.85 N 19'12'26" E L20 SOUTH 17.47' C2 361.00 1737'22" 111.03 110.60 N 4713'33" E I L21 EAST 385.19' C3 207.98 35'02'32" 127.20 125.23 N 73'33'29" E I L22 NORTH 17.60' C4 260.30 38 2#'S2" - 174.52 171.27 S 19'12'26"'VI° L23 EAST 141.72-.00' C5 351.00 14'17'54" 87.59 87.36 5 4533'49" W I L24 SOUTH 7.60' C6 197.98 35'04'01' 121.17 119.29 S 7534'14' W L25 EAST 1-26 S 00'21'08" E 0.00' NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. UNE OF EAST LUCAS DRIVE N 89' 37' 01" W DEED. I FND 5/8' SR 2. THIS EXHIBIT ACCOMPANIES A METES AND I. W/COP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.O.C. LINE "B" EXHIBIT "A" (8 of 8) LINE"B" ARrGA® ARCENEAUX do GATES EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.35 AjTES X _Consulting Engineers, Inc. ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP E��°°'" snc�e7on Plaaanrw 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO,57 BEAUMONT,JEFFERSON COUNTY,TEXAS ^'2 c _Projecl� G PROD C 3 AC IV DCS-010 WINGS UrteB.dwq G City of Beaumont Council Agenda Item Imm K. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Human Resources Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan. RECOMMENDATION Administration recommends that Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan, which provides for an elimination of the Plan Administration fee and Mutual Funds Fee. BACKGROUND Full time city employees are offered the option of participating in the 457 Deferred Compensation Plan with the ICMA Retirement Corporation. As a result of the employer's use of EZLink for enrollment and contribution processing over the term of the agreement, the current plan administration fees of.55%for Vantage Trust Funds and the current VT Mutual Fund Series Service Fees of.70%will be eliminated. The 457 Deferred Compensation Program(ICMA)is a voluntary,tax-deferred program designed to help supplement the employee's income at retirement. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the amendment of the 457 Deferred Compensation Plan with the ICMA Retirement Corporation to eliminate the Plan Administration fee and Mutual Funds Fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 0 ML City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25,2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider passing one of three ordinances relating to the prohibition of smoking in specific public places 2. Consider approving a contract for property insurance 3. Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund 4. Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club 5. Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department 6. Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits 7. Consider approving a request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel 8. Consider approving a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore 9. Consider approving a settlement agreement with CenterPoint Energy 10. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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: Shane Landry v City of Beaumont 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. � 1 April 25, 2006 Consider passing one of three ordinances relating to the prohibition of smoking in specific public places City of Beaumont M 117EJ7!J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider passing one of three ordinances relating to the prohibition of smoking in specific public places. BACKGROUND Secondhand smoke is a mixture of smoke given off by the burning end of a tobacco product and the smoke exhaled from the lungs of smokers. It is involuntarily inhaled by non-smokers, lingers in the air, and can cause or exacerbate a wide range of adverse health effects including cancer,respiratory infections, and asthma.. The U.S. Surgeon General has determined that the simple separation of smokers and non-smokers within the same airspace may reduce,but does not eliminate,the exposure of non-smokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses with high rates of ventilation. The purpose of this ordinance is to protect the public's health and welfare by prohibiting smoking in public places and places of employment and to guarantee the right of non-smokers to breathe smoke- free air. The three versions which are submitted for your consideration include a 100%ban of smoking in all public places. "Public places"is defined as any enclosed area or portion thereof that is accessible by the public or to which the public is admitted by general invitation. This definition includes any enclosed work place. The second ordinance,which has been referred to as the"less than 100%version,"generally prohibits smoking in public places with exception made for smoking in designated areas. It allows smoking in restaurants and bars if the owner and/or operator secures a smoking permit,restricts admission to persons under the age of 18 unless accompanied by a parent or legal guardian, and the designated area is fully enclosed and equipped with a separate air conditioning system and separated from a dining area by an impermeable wall. These facilities would be inspected and permits renewed by the Health Department on an annual basis. Version three ensures that eating places are 100%smoke-free and allows smoking in drinking places or bars. This version also requires the owner and/or operator to secure a permit and, as a condition of the issuance of the permit, to prohibit admission to persons under the age of 18 unless accompanied by a parent or legal guardian. BUDGETARY IMPACT None. PREVIOUS ACTION A public hearing was held on March 21, 2006 to give the community the opportunity to comment on smoking ordinances. SUBSEQUENT ACTION None. RECOMMENDED BY Public Health Director, City Manager and City Attorney. { ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FORSEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 100% NO SMOKING secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 100% NO SMOKING of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS the purposes of this ordinance are 1 to protect the public health an P P ( ) p p d welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: Page 3 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. Page 4 100% NO SMOKING (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco like product such as cigarettes, cigars, pipes, or other such device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet(25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. Page 5 100% NO SMOKING (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or Page 6 100% NO SMOKING (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. Page 7 100% NO SMOKING ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or Page 8 0 100/o NO SMOKING (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (26). ARTICLE III. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting 0 an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 9 ` r 100% NO SMOKING 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 25`h day of April, 2006. - Mayor Guy N. Goodson - Page 10 try t • ' x ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS,numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 LESS THAN 100% secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 LESS THAN 100% of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS between 2000 and 2004 cigarette use among middle school and high , g 9 9 school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS,comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 LESS THAN 100% guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. - Page 4 LESS THAN 100% (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises Page 5 LESS THAN 100% consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like products, such as cigarettes, cigars, pipes, or other such device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25')from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 I LESS THAN 100% Sec. 4-3. Signs Required. (A) The owner,operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility)or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or Page 7 LESS THAN 100% (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: Page 8 LESS THAN 100% (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; Page 9 LESS THAN 100% (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner, operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article II I (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15(Restricted Smoking Facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). Page 10 LESS THAN 1009/6 ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; (2) no one underthe age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and (3) the designated smoking area is equipped with a separate,operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 11 LESS THAN 100% this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1 st will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1 st to December 31 st. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result Page 12 LESS THAN 100% in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. Page 13 LESS THAN 1001/6 (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty(30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for Page 14 LESS THAN 100% hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearin 9 Y P 9 before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." Page 15 LESS THAN 100% 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 25th day April, 2006. - Mayor Guy N. Goodson - Page 16 ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution,and that breathing secondhand smoke(also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS,a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 3RD VERSION secondhand smoke have an increased risk of asthma, respiratory infections,sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces,deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 3RD VERSION of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS,smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/Port Arthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS,the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 3RD VERSION guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar, for purposes of this chapter, means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" for purposes of this chapter. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages,commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. Page 4 3RD VERSION (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Minor, in this chapter, means a person under eighteen (18) years of age. (8) Operator means the owner or person in charge of a public place or workplace, including an employer. (9) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (10) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on-premises or off-premises consumption, including a bar area located in a restaurant. The term shall Page 5 3RD VERSION include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non- tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco-like product, such as cigarettes, cigars, pipes, or other devices. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 3RD VERSION Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department at each entrance to the premises clearly stating that smoking is prohibited on the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted on the premises under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. Page 7 3RD VERSION (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non-Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. 0 Page 8 3RD VERSION (B) To implement this section,the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Page 9 3RD VERSION Sec. 4-10. Exception for Bar. A person may smoke in a bar if the owner or operator of the premises has obtained an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility). Sec. 4-11. Outdoor Distance Exception. A person may smoke within twenty-five feet(25')of an entrance to a smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-12. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-13. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; and (2) as a condition of the issuance of a permit, no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-14. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of Page 10 3RD VERSION this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (4) other information the director determines is necessary. (D) A permit issued under this chapter is non-transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1St will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1St to December 31St. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. Page 11 3RD VERSION ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-15. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-16. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-17. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-18. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary bythe health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a permitted public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. Page 12 3RD VERSION (C) The inspection report form shall set forth the following: (1) the specific conditions in the permitted smoking establishment or public place, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. Sec. 4-19. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: Page 13 3RD VERSION (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-20. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-21. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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. Page 14 3RD VERSION 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 25th day of April, 2006. - Mayor Guy N. Goodson - Page 15 2 April 25,2006 Consider approving a contract for property insurance i • City of Beaumo nt Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council approval to award a contract for fire, extended coverage, flood and quake property insurance. RECOMMENDATION 0 Administration recommends the award of a bid to McGriff, Seibels&Williams,Inc. of Dallas,Texas for a one(1)year fire, extended coverage,flood and quake property insurance policy effective May 1, 2006. The annual premium of$1,062,958 includes an all risk peril policy with a loss limit of $108,473,207, Boiler and Machinery coverage, Electronic Data Processing (EDP) equipment and Terrorism coverage. BACKGROUND Requests for Proposals were received on Thursday, April 13, 2006 for providing a one(1)year fire, extended coverage,flood and quake insurance policy. Three(3)companies submitted proposals for evaluation and review. Of the three submitting proposals, only two provided windstorm coverage. The Texas Municipal League Inter-govemmental Risk Pool proposal excluded windstorm coverage and was not considered. This past year's substantial losses in coastal areas due to Hurricanes Katrina, Rita and Wilma have resulted in reduced insurance coverage and increased premiums to coastal customers. Frost Insurance of San Antonio and McGriff, Seibels and Williams of Dallas provided numerous cost quotations with varying degrees of coverage. After considerable review and evaluation, it was determined that the coverage to be provided by the City's current carrier, McGriff, Seibels and Williams was the most comprehensive. The proposal submitted by Frost Insurance Company was more expensive, contained higher deductibles and did not provide coverage for the total insured value. The scheduled deductibles offered in the selected insurance plan are as follow: Property Insurance April 20, 2006 Page 2 Fire $50,000 Windstorm/Hail through the $75,000 per occurrence. Maximum Limit per structure is Texas Windstorm Insurance $2,192,000. Excess at 5% of Total Insured Value of Association(TWIA) structure per location subject to $250,000 per occurrence minimum. Flood $250,000 Flood -Flood Zone A 5% of TIV per location subject to $1,000,000 per occurrence Flood Hazard(Areas of 100 Year Flooding) Boiler and Machinery $25,000 The current policy through McGriff, Seibels and Williams provided a maximum$500,000 deductible for all losses incurred from Hurricane Rita. To date, damage claims filed for city buildings and facilities total approximately$12,000,000. The premium for the policy expiring April 30,2006 was $255,676. There were no claims filed in excess of $2,192,000 for any of the City's damaged structures. Damage claims were filed on 118 buildings or facilities as a result of Hurricane Rita. The policy begins May 1, 2006 and expires May 1, 2007, BUDGETARYIMPACT Funds are available in the Building Services Division's operating budget. Additional funds to cover the increased premium are available in the General Fund from increases in sales tax revenue. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, bids were received for a one(1)year fire,extended coverage,flood and quake property insurance policy; and, WHEREAS, McGriff, Seibels & Williams, Inc. of Dallas, Texas, submitted a bid for an annual premium in the amount of$1,062,958; and, WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, for an annual premium in the amount of$1,062,958 for a one (1) year fire, extended coverage, flood and quake property insurance policy effective May 1, 2006 to May 1, 2007 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 3 April 25, 2006 Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund • !� City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 10, 2006 REQUESTED ACTION: Amend the FY 2006 Budget to increase expenditures in the Water Utility Fund by$1,936,147. RECOMMENDATION It is recommended that Council amend the FY 2006 Budget to include $1,906,147 for FY 05 water projects that are being completed in FY 06 and $30,000 to purchase a new high capacity envelope feeder for Water Customer Service. The detail of this proposal is attached. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. BUDGETARY IMPACT The proposed FY 2006 Budget amendment will increase total appropriations by$1,936,147. Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues are not able to fully sustain these appropriations due in part to the fact that $1,906,147 of appropriations was unspent in the FY 2005 Budget. PREVIOUS ACTION No prior FY 2006 Budget amendments have been proposed or approved. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer Proposed Budget Amendments FY06 Water Utility Fund Water/Sewer Projects At the close of fiscal year ended September 30, 2005, Water Utilities had several projects in progress or scheduled to begin. These projects were included in the FY 05 budget, but were not completed in FY 05. They were not included in the FY 06 Budget. Funds are now needed to complete the FY 05 projects and are available as follows: Water Utilities FY 05 Budget FY 05 FY 05 Funds Account Description Budget Expended Available Engineering $ 200,000 $113,046 $ 86,954 Construction 2,894,300 654,146 2,240,154 Subtotal 3,094,300 767,192 2,327,108 Less: Operating funds over budget (420,961) Net Funds Available from FY 05 Budget $ 1,906,147.00 The FY 05 projects are as follows: FY 05 Budgeted Projects Ongoing in FY 06 Project Area Amount Water Production $ 51,500 Water/Sewer Maintenance 15,000 Water Reclamation 8,300 Sanitary Sewer Rehabilitation 1,831,347 Total Funds Required $1.906.147.00 High Capacity Envelope Feeder An envelope feeder is used at Water Customer Service to fold and stuff water bills, inserts, and return envelopes for mailing. In excess of 40,000 bills are mailed out monthly. An additional 7,400 delinquent notices will go out monthly when the new water system goes live in May. The current machine has been in operation for about twelve years and has a life of approximately one million cycles. The machine has currently processed approximately three million cycles. It has been serviced four times in the last three months. There is a concern about the availability of parts when the machine needs repairing again because it has been discontinued. Our service contract is with Pitney Bowes. The sales representative strongly recommends replacing the machine to avoid costly downtime. High Capacity Envelope Feeder $ 30,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2005/2006 TO ALLOCATE $1,936,147 FROM THE FUND BALANCE TO THE WATER UTILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the Water Utility Department had several projects budgeted for FY2005 which were in progress or scheduled to begin but were not completed. These projects were not provided for in the FY2006 budget; and, WHEREAS, the Water Utility Department is in need of a high-capacity envelope feeder to be used in the Customer Service Division to fold and stuff water bills, inserts and return envelopes for mailing. This item also was not included in the FY2006 budget; and, WHEREAS, the FY2006 budget should be amended to appropriate and transfer from the Fund Balance $1,906,147 to cover the expenditures necessary to complete the several projects not completed in FY2005 and $30,000 for the purchase of a high capacity envelope feeder for use in the Customer Service Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the fiscal budget of the City of Beaumont for the period commencing October 1, 2005 - September 30, 2006 be and the same is hereby amended to appropriate and transfer the sum of$1,936,147 from Fund Balance to the Water Utility Fund to cover the expenditures necessary to complete the projects not completed in the FY2005 and for the purchase of a high capacity envelope feeder for use in the Customer Service Division as reflected in attached Exhibit "A." 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 25th day of April, 2006. - Mayor Guy N. Goodson - 4 April 25, 2006 Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club • City of Beaumont '� Council Agenda Item A - . K TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Special Projects Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 13, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Amendment to the Management and Concession Agreement with the Beaumont Yacht Club. RECOMMENDATION Administration recommends amending the 1998 Management and Concession Agreement with the Beaumont Yacht Club to address the losses caused by Hurricane Rita. BACKGROUND On October 1, 1998 the City entered into a Management and Concession Agreement with the Beaumont Yacht Club (BYC) for its continued operation of the City's public marina. The marina is located on approximately 30 acres of city-owned riverfront property north of Interstate 10. The City invested about $1,000,000 in marina improvements in 1999, bringing past and present investment to just over $1,500,000. Because the facilities are income producing, the City was to recover its investment from the BYC. A payment schedule was established that provided monthly installments over a 15-year term from BYC's operating revenues. Timely payments were made until September 2005. On September 24, 2005 Hurricane Rita hit the Beaumont area and caused extensive damage at the marina. The damage was almost exclusively to 73 uninsurable older storage stalls,which happened to generate considerable income for the BYC. There was no loss to the newer facilities—docks,wet storage, dry storage building — which are of high value and completely insured. City staff has applied for FEMA assistance, but there are no cost-efficient means to rebuild the destroyed dry- storage stalls with federal funds and meet the mitigation requirements. Therefore, the subsequent economic recovery for this loss will be directed to another eligible project, except for the funding to clean up the property. Amendment to BYC Management and Concession Agreement April 13, 2006 Page 2 The current Agreement requires payments of approximately$11,200 per month. Because of the loss of a considerable amount of its income,the BYC payment capacity has been significantly reduced. To remain viable, the BYC is requesting an amendment to the existing Agreement in which the monthly installments would be reduced to $7,500. Given existing conditions,amending the Agreement to provide for payments of$7,500 per month, effective January 1, 2006 through June 30, 2015 when the current Agreement expires, seems prudent. Staff is also proposing that this action bring the Yacht Club current and that credit against the monthly payment be given for clean up expenses incurred by the Yacht Club, which are ultimately covered by FEMA. This action will assist and serve the needs of both the BYC and the City. The remaining terms and conditions of the Agreement will remain unchanged. BUDGETARY IMPACT There is no substantive budgetary impact created by this action. PREVIOUS ACTION City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club on September 22, 1998 by Resolution No. 98-261. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. RESOLUTION NO. WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club for its continued operation of the City*s public arena; and WHEREAS,said agreement established monthly installments of$11,200 per month over a 15-year term to be paid by the Beaumont Yacht Club to the City of Beaumont; and WHEREAS, the Beaumont Yacht Club made timely payments to the City of Beaumont until September, 2005, when Hurricane Rita caused extensive damage to the marina resulting in a considerable loss of income by the Beaumont Yacht Club resulting in reduced capacity to make payments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club reducing its monthly installments to$7,500 per month effective January 1,2006 through June 30,2015. BE IT FURTHER RESOLVED THAT this action will bring the Beaumont Yacht Club current in its payments and that credit against the monthly installment will be directed to cleanup expenses incurred by the Beaumont Yacht Club. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ! 5 April 25,2006 Consider approving a one(1)year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department City o f Beaumont �• Council Agenda Item M M g TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 12,400 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award for use by the Public Works Department, Streets and Drainage Division. The total estimated expenditure is $164,710 for the contract period. The award is to the overall low bidder and not the low bidder per item in order to streamline the procurement process for the user department. This will eliminate complications which could arise from a multiple vendor award. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Fifteen (15) vendors were notified with seven (7) submitting bids as reflected in the attached bid tabulation. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Annual Contract for Corrugated Polyethylene Pipe April 18, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. 0 0 0 BID TABULATION:ANNUAL CONTRACT FOR CORRUGATED POLYETHYLENE PIPE BID OPENING DATE: THURSDAY, MARCH 30,2006 @ 2:00 PM BID NUMBER: RF0306-36 Vendor Coburn Supply Golden Triangle Pipe Hughes Supply Act Pipe & Supply City/State Beaumont,TX Beaumont, TX Lufkin, TX Houston, TX QTY. Fax Number 409.839.8157 409.842.2736 936.632.7834 j 713.947.7451 per foot 71 total er foot total er foot I total 1j per foot totem 1,000 12"pipe $3.86 $3,860.00 $3.85 $3,850.00 $3.86 $3,860.00 $3.89 $3,890.00 6,000 15" pipe $5.41 $32,460.00 $5.40 $32,400.00 $5.41 $32,460.00 $5.46 $32,760.00 2,000 18"pipe $6.86 $13,720.00 $6.80 $13,600.00 $6.87 $13,740.00 $6.93 $13,860.00 1,500 24"pipe _ $11.72 $17,580.00 $11.65 $17,475.00 $11.73 $17,595.001 $11.84 $17,760.00 500 36"pipe $21.10 $10,550.00 $21.10 $10,550.00 $21.11 $10,555.00 $21.32 $10,660.00 200 48"pipe $36.70 $7,340.00 $37.10 $7,420.00 $37.11 $7,422.00 $37.49 $7,498.00 1,200 60" pipe $66.00 $79,200.00 $68.95 $82,740.00 $68.69 $82,428.00 $70.10 $84,120.00 Total 164,710.00 168,035.00 168,0 06 00 170,548.00 IDelivery Time 3 da s 5-10 days 5-7 days j N/A J i� Vendor Rural Pipe & Supply ulverts of Southeast Texas Seabreeze Culvert City/State Jasper, TX Lumberton, TX Stowell, TX QTY. Fax Number 409.384.9363 409.755.3636 409.296.4099 per foot total er foot total perfoot F total 1,000 12"pipe $3.96 $3,960.00 $3.97 $3,970.00 $4.05 $4,050.001 6,000 15"pipe $5.54 $33,240.00 $5.55 $33,300.00 $5.45 $32,700.00 2,000 18"pipe $7.03 $14,060.00 $7.12 $14,240.00 $7.66 $15,320.00 1,500 24" pipe $12.05 $18,075.00 $11.97 $17,955.00 $11.99 $17,985.00 500 36"pipe $21.65 $10,825.00 $21.79 $10,895.00 $23.62 $11,810.00 200 48"pipe $37.70 $7,540.00 $38.14 $7,628.00 $38.37 $7,674.00 1,200 60"pipe $69.25 $83,100.00 $71.30 $85,560.00 $71.71 $86,052.00 Total 170,800.00 173,77� 175,591.00 ��Delivery Time �1 3-5 A.R.O. 1-2 day s N/A _I RESOLUTION NO. WHEREAS, bids were received for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Coburn Supply of Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated amount of$164,710: per foot total $3.86 $3,860.00 $5.41 $32,460.00 $6.86 $13,720.00 $11.72 $17,580.00 $21.10 $10,550.00 $36.70 $7,340.00 $66.00 $79,200.00 TOTALI $164,710.00 and, WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Coburn Supply of Beaumont, Texas, in the unit amounts shown above for an estimated amount of $164,710 for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 6 April 25, 2006 Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits MAW City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider authorization of an interlocal agreement for the purchase and installation of traffic signal retrofits. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the City of Garland,Texas for the purchase and installation of traffic signal retrofits for the unit prices indicated below from Republic Electric of Colleyville, Texas. BACKGROUND The City of Garland has awarded a contract to Republic Electric in compliance with bidding requirements of the State of Texas to provide and install traffic signal retrofit equipment. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for review. Many traffic signals in Beaumont currently operate incandescent lamps. The Transportation Division has been replacing damaged and inoperable incandescent signal heads as needed with new signal heads that use Light-Emitting Diode (LED) technology. LED lamps dramatically reduce power consumption by burning brighter using less power than an incandescent lamp. LED lamps also reduce maintenance costs because they have an average life span of ten (10) years, whereas a typical incandescent lamp has an average life span of only one (1) year. The traffic signal LED retrofit components offered by Republic Electric convert existing signal heads from incandescent to LED lamps without the expense of replacing the entire signal head. Under the Interlocal Agreement with City of Garland April 19, 2006 Page 2 terms of the contract, Republic Electric offers the following prices to provide all labor and equipment required to install the LED retrofit components: LED Retrofit Component LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16 /each 12" Yellow Arrow $61.25 /each 12" Green Ball $100.75 / each 12" Green Arrow $81.Beach BUDGETARY IMPACT Funding will be provided by a lease purchase agreement in the amount of approximately $216,859.27 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT This agreement made and entered into this day of , 20 , by and between (hereinafter called "THIS GOVERNING BODY") and other governmental entities as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT EXECUTED hereto on the day and year first above written. CITY OF GARLAND, TEXAS BY: TITLE: CITY OF GARLAND, TX 75046-9002 BY: TITLE: CITY OF BEAUMONT, TX 77704 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an interlocal purchasing cooperative agreement with the City of Garland, Texas to enable the purchase and installation of traffic signal retrofits forthe unit prices indicated belowfrom Republic Electric of Colleyville, Texas: LED Retrofit Component 12" Red Ball $58.50/each 12" Red Arrow $59.95 /each 12" Yellow Ball $71.16/each 12" Yellow Arrow $61.25/each 12" Green Ball $100.75 /each 112" Green Arrow $81.27 /each PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - • 7 April 25, 2006 Consider approving a request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel • 4 Cit y of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. RECOMMENDATION The Administration recommends approval of the request for an HC-L(Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. BACKGROUND Patricia A. Hotalen, the property owner, is requesting an HC-L (Historic Cultural-Landmark Preservation) Designation for the house at 2106 Hazel. The residence was built in 1907 by T.V. Smelker. Mr. Smelker was a partner in several prominent real estate and insurance companies in Beaumont in the early 1900's. The house was designed by Henry Conrad Mauer who was a prominent architect in Beaumont in the early and mid 1900s. Mr. Mauer's work influenced the development of Beaumont in the early oil boom days by designing numerous mansions such as the McFaddin-Ward House,Weiss House,C.T.Heisig House,Hinchee House, Chambers House and a number of public buildings. The residence exhibits distinguishable Victorian or Neo-Colonial characteristics. Architectural elements significant to the early 1900 period residence are the gingerbread, columns, siding, Palladian window, numerous large windows,porch,tile roof and servants quarters/carriage house. The Smelkers made major changes to the house in 1929. While the house is nearly 100 years old, it still exists much like when the Smelkers owned it. It has not undergone significant structural changes since the 1920s. All of the house's additions and modifications were made in the early 1900s by the Smelkers. The house is listed in the 1990 SPARE Beaumont survey and is considered a contributing structure to the Oaks Historic District. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 10,2006,the Historic Landmark Commission voted 8:0 to approve the request for an HC-L(Historic Cultural-Landmark Preservation)designation for the house at 2106 Hazel. At a Joint Public Hearing held April 17, 2006, the Planning Commission voted 9:0 to approve the request for an HC-L (Historic Cultural-Landmark Preservation) designation for the house at 2106 Hazel. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission,Historic Landmark 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 ESTABLISHING AN HC-L (HISTORICAL-CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2106 HAZEL, 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 establishing an HC-L(Historical-Cultural Landmark Preservation) Designation for property located at 2106 Hazel, being Lot 1 and the east 37' of Lot 2, Block 34, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, 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 of 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 ord p p 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 25th day of April, 2006. - Mayor Guy N. Goodson - n /• K �� IO I of ' st ss es tJ I e•. • J 4 • s `� File 49-HC: Request for a Historic-Cultural Landmark Preservation Designation. NORTH Location: 2106 Hazel . ' I Applicant: Patricia A.Hotalen SCALE 1"-200' \ tt I lJ t• �1J � t� O• ! I J t I l 7 ♦ � f I A 6 A E ; l i so/ _ {ASHLEY AVE. SO i. �1! to 1/ 0 • • f If ♦ I ! 1 / f. • !. b /! f ♦ f 't/ f /! • f k i y c ev �/ s"♦ s,r♦s N a ! IF Is /f LO t/ st es eJ t1 "t • J ' t ! l / • d • ! ! / t / 40 N I , i .� f So 50 5o Sp Sw 30 - 1 LONG AVE. w 1 so so so - - so, SO - IJ, IJ I/ to f I 7 • ! t J J / l '• A a // it 7 f /0 // It 7 ,. Of K I7 ,• /♦ !O t/ rt n 14 15 �/ �t • J : J r - f , � �. 1 ,J � t , �d' • AR SgM, .A E- i' / SO 10 30 30 40 t �HARRISON AVE. 2/00 67 2000 50 50. t/ 7 I /J /t /I p 11 J 1 • J ' 3 . ' I • l II /J is /f /• /! t 0 t/ If u t• LJ t•�>f .q • ! I ! - I. '♦ I • J t ?A/ A� :� E' 3o So SO • 50 So HAZ_ EL AVE. 31 50 M 30 is /t // ro f • l i I S r♦.'' J I I / 7 • 6 4tf 2T a . /* /J /• 17 !• I !J ` to t/ tt tJ N tJ ` NORTH ST. S /I sa I .• I . 1 _ i . '� , �.. . �, EXHIBIT "All S April 25, 2006 Consider approving a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore C City of Beaumont Council Agenda Item � � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 60' x 274'portion of Porter Street between Hemlock and Sycamore. RECOMMENDATION The Administration recommends approval of the request to abandon a 60'x 274'portion of Porter Street between Hemlock and Sycamore. BACKGROUND Willie D. Brown,the applicant and an adjacent homeowner, is requesting an abandonment of a 60' x 274' portion of Porter Street. This part of Porter Street is located east of Hemlock and west of Carroll Street. The subject property is landlocked right-of-way that was never developed as a street. According to Mr.Brown,the right-of-way is filled with trees uprooted by Hurricane Rita,debris and trash that is hazardous to the surrounding properties. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 17,2006,the Planning Commission voted 9:0 to approve a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60 x 274 PORTION OF PORTER STREET BETWEEN HEMLOCKAND SYCAMORE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60 x 274 portion of Porter Street between Hemlock and Sycamore, beginning at the southwest corner of Lot 7, Block 3, and the northwest corner of Lot 1, Block 4, Clay Morris Addition and extending in an easterly direction for a distance of 274', City of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - 4 v 7-112 cv f�E AN � //6 �'O 25' g' 5d— NORTH SO 37 3A� - 0 �O ,\ h ,0 v File 691-0B: Consider the abandonment of a 60' a 274' portion of Porter Street. NORTH Location: Porter Street between Hemlock and Sycamore AL Applicant: Willie Brown I SCALE 1"=100' 1 8 ` 3 DLG ST. ° SC ' 9 3A 62_77 9 317 a T 8 9 10 !/ 12 4 3 C e P :N5c W ;z W pV• t 3 � !0 •P RT R 3 0°- ' lGk7 57.76 Z P8 30 6 6 6 6 1 6 6 5 ! 6. 5. 432 / 4 9 . Lolu Q PO TE j/ ,. Q9 2? .j7 27 � as.25 qo.s4 . v �✓ 49 0 5L5_R' 53 .29 14 O 9 15 = 48 47 4645 4.4 4 6 7 8 9 10 . 16 47.1.2 6 90 /l6 r 50 50 50 50 . SO 60 50 �� ��. ii ii 1� 33'P-61,13 S ,� 1. �QS� 1-2 • m t+ 9, 4 5 3 6 7' 8 9 ,, !3 oo 0 �. 5d 40' 33' 6 5Q Ic DOUCETTE AW. 50' qa' Fso. 5U 50 50 EXHIBIT "A" �� ! 9 April 25, 2006 Consider approving a settlement agreement with CenterPoint Energy . ! City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval of a Settlement Agreement with CenterPoint Energy. RECOMMENDATION Administration recommends the approval of a Settlement Agreement with CenterPoint. BACKGROUND CenterPoint filed a Statement of Intent with the City on June 30, 2005. CenterPoint maintained that the City should grant the increase as previously ordered by the Railroad Commission for its customers in the unincorporated areas. This was the first time a gas utility had filed a rate increase request at the Railroad Commission for the unincorporated areas prior to filing such a request with the municipalities in its service territory. The Railroad Commission order was issued without any interventions and without any testimony being filed other than CenterPoint's testimony. The City of Beaumont is part of a coalition of cities known as the Alliance of CenterPoint Municipalities("ACM"). The ACM Cities maintained that CenterPoint failed to publish notice of its increase in rates as required by statute. The ACM Cities ordered CenterPoint to properly publish notice of its increase in rates as required by law. CenterPoint failed to comply with these orders. CenterPoint filed an updated rate filing package. CenterPoint refused to answer any discovery about the updated rate filing package even though ordered to do so by the ACM Cities. On November 3, 2005, CenterPoint implemented its increased rates Statement of Intent. The ACM Cities ordered CenterPoint to cease and desist from charging the higher rates. The cease and desist ordinances were appealed by CenterPoint to the Railroad Commission. CenterPoint claimed that it had the right to impose higher rates by operation of law—after the expiration of 125 days—because the ACM Cities had not taken final action on its rate request. The ACM Cities asserted that CenterPoint could not implement higher rates—even by operation of law—without first providing public notice. SETTLEMENT AGREEMENT Just a few days before the start of hearings at the Railroad Commission the Settlement Agreement was hammered out. Without a settlement it was obvious that the losing party would appeal the Commission decision. It is quite likely that the appeal would not be exhausted for at least three years. The outcome of an appeal could not be known with 100% certainty. In light of this uncertainty,the Settlement Agreement is being brought to the Council for your consideration. The highlights of the Settlement Agreement are set forth below. Rate Reduction The customer charge for residential customers is being reduced by$9.00 per year. Protection Against Rate Increases CenterPoint cannot raise base rates for any purpose over the next three years. This means CenterPoint cannot raise rates due to any cost increases,including cost increases resulting from: (a) hurricanes or weather events; (b) inflation or escalation in the cost of goods or services; (c) escalation in the cost of labor or benefits; and (d) the cost of the installation, relocation or replacement of pipes. File With the Cities First After the expiration of the three-year rate freeze, CenterPoint can only raise base rates if it first files with the ACM Cities. CenterPoint will not be permitted to file at the Railroad Commission for a rate increase in the unincorporated areas before it files with the ACM Cities. Public Notice Must be Specific and Meaningful CenterPoint will not be allowed to file a general rate case without publishing notice in a manner that is very similar to the public notice requirements set forth by the ACM Cities in the "interim order" ordinance. The public notice will have to be in a local newspaper. See Exhibit D. The notice will be conspicuous and give detailed information about the increase in rates. All Rate Case Expenses Will be Borne by Shareholders The rate case related expenses of CenterPoint and the expenses of attorneys and consultants for the ACM Cities,up to$230,000,will be borne by shareholders. This means that none of these costs will be borne by the ratepayers of CenterPoint. Payment for Other Claims CenterPoint has agreed to pay the ACM Cities the sum of$414,000 for"other claims." This sum will be distributed to the ACM Cities to be used as directed by the individual city councils for the benefit of their citizens. RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) night vision infrared handheld cameras for the Police Department; and, WHEREAS, DTC Communications, Inc. of Nashua, New Hampshire, through a contract with the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS), submitted a bid in the amount of$26,272; and, WHEREAS, City Council is of the opinion that the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, in the amount of$26,272 for the purchase of two (2) night vision infrared handheld cameras for the Police Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - E MAW, .l City of Beaumont qw- Council Agenda Item IL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 17, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. BACKGROUND The City authorized Jefferson County's debris contractor, DRC Emergency Services, LLC to use the Beaumont Municipal Airport for the purpose of establishing a debris reduction site in September 2005. The site was used for the burning and chipping of wood debris from Hurricane Rita. The purpose of this Site Release Form is to document the agreement with DRC that the site restoration at the Beaumont Municipal Airport has been satisfactorily completed. In addition to Jefferson County's contractor, the Corp of Engineers contractor was also located at the Beaumont Municipal Airport. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. BUDGETARY IM PACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Authorization to use the Beaumont Municipal Airport as a debris reduction site by DRC was provided in September 2005. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager and Public Works Director DRCSiteReleaseForm.wpd April 17,2006 .l City of Beaumont : . A EL Council g Cil A enda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Stoneway L. P., a Texas limited partnership, has agreed to convey a ten foot (10') water line easement to the City of Beaumont in a Correction Water Line Easement document. This easement will provide mandatory access for fire prevention services across the Stoneway property, located p P off East Lucas Drive and described as follows: Line "A"—being 0.34 acres out of H. Williams Survey, Abstract 57; and Line `B"—being 0.35 acres out of H. Williams Survey, Abstract 57 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION The original easement was conveyed on October 14, 2005 with the authority of Resolution No. 05-210. It included an incorrect metes and bounds description,which will be corrected with this Correction Easement. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_stoneway2-ib.wpd 19 April 2006 RESOLUTION NO. WHEREAS, Stoneway L. P., a Texas limited partnership, has conveyed a ten-foot (10') Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services across the Stoneway property located off East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneway L. P., a Texas limited partnership, as described on Exhibit "A'.' be and the same is hereby, in all things, accepted. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. - Mayor Guy N. Goodson - ® ARCENEAUX & GATES CENEAUX Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.34 ACRES OF LAND SITUATED IN THE H.WILLIAMS,JR. SURVEY,ABSTRACT NO. 57, BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "A" Being a 0.34 acre tract or parcel of land, a portion of that certain tract of land(called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County,Texas, as situated in and a part of the H.Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract, this point also marks the Southeast comer of the herein described tract of land; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 00 deg. 21 min. 08 sec. West, departing said right of way line along the West line of this tract,parallel with and 10.feet normal distance from the East line of said 15.453 acre tract a distance of 456.78 feet to an"ELL" comer; THENCE South 89 deg. 38 min. 52 sec.West a distance of 34.81 feet to an"ELL" corner; THENCE North 00 deg. 21 min. 08 sec. West a distance of 10.00 feet to an"ELL" corner; THENCE North 89 deg. 38 min. 52 sec. East a distance of 34.81 feet to an"ELL" comer; EXBIBIT "A" (1 of 8) .. '\\Agengsa cAa&g\A&G SURvBYING\METBS&BOUNDS\200A05-DCS-020-A.doc iTHENCE North 00 deg. 21 min. 08 sec.West, continuing along the West line of this tract,parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 920.07 feet to a point located on the North line of said 15.453 acre tract marking the Northwest comer of the herein described tract of land; THENCE South 89 deg. 40 min. 33 sec.East along the North line of said 15.453 acre tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap marked 3636 found marking the Northeast corner of said 15.453 acre tract and the Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec.East along the East line of said 15.453 acre tract with the East line of this tract a distance of 1436.87 feet to tbP—Southeast comer and PLACE OF BEGINNING and containing in area 14,716 square feet or 0.34 acres of land,more or less. Surveyed May, 2005 O ...1'F C ..Q� � Fo•.cs ......................................................... JOHN. ...BOB)HODGES v 4583 �Ago �•`� J . (Bob)Hodges,R.P.L.S. 4583 SU An Exhibit accompanies this metes and bounds description Bearings referenced to the North Right of Way line of East Lucas Drive North 89 deg. 37 min. 01 sec. West- deed EXHIBIT °A" (2 of 8) .. '\\Agengservte4&&\A&G SURVBYWr,\MBTW&BOUNDS\2005\05-DCS-020-A.doc CALLED 72.67 ACRES CALLED 7.580 ACRES BEAUMONT COUNTRY CLUB DUVALL FlRST CORP. VOL 1310 PG. 194 CF NO. 2004036328 ORJC OPRJC FND 5/8' SR L7 W/CAP 3636 � 15.453 ACRES I A STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 1 OPRJC 0 100 200 SCALE IN FEET s o• �� I >r g a A �WS O NEGLEY STREET LINE "B• II I --- --_ �_ -_______- � w I z� �a3 Y �1 m U_a xz� O�N BEAUMONT INDEPENDENT SCHOOL DISTRICT 1 W OF JEFFERSON COUNTY, TEXAS LINE "A'" a VOL 1083 PG. 453 1 14,716 SQ. FT. DRJC I 0.34 ACRES OF 7F LINETABLE �Ll NUMBER DIRECTION DISTANCE PGA T R L1 I N 89'37'01" W 10,00' 1 0.::••• I L2 I N 00'21'08" W 1 456.78' .....••• '' F L3 S 89'38'52" W 34.81' B L4 I N 00'21'08" W 110.00' 1 L5 N 89'38'52' E 34.81' '•:•0 45 I Q '•.90 L6 I N 00.21'08' W--j 970.07' L7 IS 89'40'33' E 10,00' 'YQ L8 S 0921'08' E 1436.87' 1 I NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. LINE OF EAST LUCAS DRIVE N 89' 37' 01" W B SR FND 5 DEED. I / 2. THIS EXHIBIT ACCOMPANIES A METES AND I W/CAP 3636 BOUNDS DESCRIPTION MADE ON THIS DAY. EAST LUCAS DRIVE L1 P.0.13_ LINE "A" EXHIBIT "A" (3 of 8) LINE"A" ® EXHIBIT SHOWING A 10'WIDE UTILITY EASEMENT(0.34 ARCENEAUX & GATES ACRES)OUT OF THE STONE WAY LIMITED PARTNERSHIP ARCENEAUZ Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H.WILLIAMS,JR. & ffiigSnsen 8ungore Plenaen - GATE3 SURVEY,ABSTRACT NO.57 ,s BEAUMONT,JEFFERSON COUNTY,TEXAS j ALVA ARCENEAUX ARCENEAUX & GATES & Consulting Engineers, Inc. GATES Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.35 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY,ABSTRACT NO. 57) BEAUMONT,JEFFERSON COUNTY,TEXAS 10 FEET WIDE UTILITY EASEMENT LINE `6B" Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership,recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES,commence at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast corner of the above described 15.453 acre tract; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for corner; THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel _ with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 862.79 feet to a point marking the lower Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE West a distance of 447.36 feet to an angle point for corner; THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point for corner; EXHIBIT "A" .(4 of 8) C:1A&GkM&.B\2005W 5-DCS-020-B.aoc One Turtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Pnrt A.+h. TV'MAo Ano/"n� THENCE North a distance of 6.40 feet to an angle point for corner; THENCE West a distance of 275.76 feet to a point located on the upper West line of said 15.453 acre tract and the East Right of Way line of Pennock Avenue marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and upper West line of said 15.453 acre tract with the West line of this tract a distance of 10.00 feet to a point marking the Northwest comer of the herein described tract of land; THENCE East, departing said East Right of Way line a distance of 275.81 feet to an angle point for corner; THENCE North a distance of 99.46 feet to an angle point for corner; THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38 deg. 24 min. 52 sec., an are distance of 181.23 feet, a chord distance of 177.85 feet and a chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner; THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17 deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for comer; THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35 deg. 02 min. 32 sec., an are distance of 127.20 feet, a chord distance of 125.23 feet and a chord bearing of North.73 deg. 33 min. 29 sec. East to an angle point for comer; THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking the upper Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a distance of 10.00 feet to a point marking the upper Southeast comer of the herein described tract of land; EXHIBIT "A" (5 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc 4. THENCE South 89 deg. 38 min. 52 sec. West a distance of 212.86 feet to an angle point for comer; THENCE along a curve to the left having a radius of 197.98 feet, a central angle of 35 deg: 04 min. 01 sec., an are distance of 121.17 feet, a chord distance of 119.29 feet and a chord bearing of South 73 deg. 34 min. 14 sec.West to an angle point for comer; ::THENCE South 38 deg. 12 min. 42 sec. East a distance of 16.16 feet to an angle point for comer; THENCE South 51 deg.47 min. 18 sec. West a distance of 10.00 feet to an angle point for coiner; `...'-THENCE North 38 deg. 12 min. 42 sec..West a distance of 10.00 feet to an angle point or comer; THENCE along a curve to the left having a radius of 351.00 feet, a central angle of 14 deg.:17 min. 54 sec., an arc distance of 87.59 feet, a chord distance of 87.36 feet and a ch6�td bearing of South 45 deg. 33 min. 49 sec. West to an angle point for corner; THENCE along a curve to the left having a radius of 260.30 feet, a central angle of 38 deg..24 min. 52 sec., and are distance of 174.52 feet, a chord distance of 171.27 feet and a:chord bearing of South 19 deg. 12 min. 26 sec. West to an angle point for comer; THENCE South a distance of 110.73 feet to an angle point for comer; THENCE South 53 deg. 51 min. 33 sec. East a distance of 22.39 feet to an angle point For comer; THENCE North a distance of 15.37 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; T�iENCE South a distance of 17.47 feet to an angle point for corner; EXHIBIT "A" (6 of 8) C:a&GSM&H\2005103-DCS-020-B.doe THENCE East a distance of 385.19 feet to an angle point for comer; THENCE North a distance of 17.60 feet to an angle point for corner; THENCE East a distance of 10.00 feet to an angle point for comer; THENCE South a distance of 17.60 feet to an angle point for corner; THENCE:East`a distance of 41.72 feet to a point marking the lower Northeast corner of the herein.de§6d tract of land; THENCE;Saiffi 00 deg. 21 min. 08 sec. East along the lower East line of this tract a :di Lance of 10:.00 feet to the lower Southeast comer and PLACE OF BEGINNING and containing iz ;area 15,402 square feet or 0.35 acres of land, more or less. S.of rF Surveye d'I�Taji; 2005 Q�`G� �9Fo N :. JOHN R:(BOB)Hp DGES ... 4583 ....v:,....p P`•:9 y••.o,� slob pQ' ° SURV Jo (Bob) Hodges,R.P. #4583 / ' `tin Ei�lubit accompanies this metes and bounds description Bearings:"referenced to the North Right of Way line of East Lucas Drive I+lorth.99 dog 37 min. 01 sec. West- deed '~An (7 of 8) C:\A&G\M&B\2005\05-DCS-020-B.doc 0 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25, 2006 1:30 P.M. CONSENT AGENDA Approval of minutes Confirmation of committee appointments A) Approve a bid for the purchase of one (1) pneumatic pipe bursting unit for use in the Water Department B) Approve the purchase of a Bill Folder/Inserter for use in the Water Customer Service Division C) Approve the purchase of mobile computer mounting hardware for use in Police, Fire and EMS vehicles D) Approve the purchase of night vision equipment for use in the Police Department E) Authorize the City Manager to execute a Site Release Form with DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport F) Authorize the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services G) Authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan • '�' City of Beaumont ..��� Council Agenda Item C • TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council approval to award a bid for the purchase of one (1) pneumatic pipe bursting unit. RECOMMENDATION Administration recommends award of a bid for the purchase of one (1) pneumatic pipe bursting unit to T.T. Technologies, Inc. in the amount of $56,197.38. BACKGROUND Bids were requested for one (1) pneumatic pipe bursting unit for use by the Water Utilities Department in the rehabilitation of failing sewer lines. This unit will be used for replacing pipe of up to twelve inches in diameter. The unit will complement two (2) Grundocrack pipe bursting machines currently owned and operated by the City. The traditional repair method of sliplining requires a reduction in pipe diameter for the replacement pipe, thereby reducing flow capacity. The specified bursting unit allows for the insertion of pipe of equal size or larger than that being replaced while simultaneously bursting the failed pipe. The bursting method is significantly faster than sliplining in replacing failed sewer lines, resulting in enhanced productivity and significant labor savings. Three (3) vendors were notified of the bid, with two (2) responding with bids. The bids received were as follow: Vendor Model Bid Delivery Bid Amount Earth Tool Company, L.L.C. Oconomowock, Wisonsin Hammerhead Mole 30 days $29,825.79 Purchase of Pneumatic Pipe Bursting Unit April 19, 2006 Page 2 Vendor Model Bid Delivery Bid Amount T.T. Technologies, Inc. Aurora, 1L Grundocrack Hercules 5-7 days $56,197.38 The apparent low bidder, Earth Tool Company, took exception to several technical specification items. The most critical of the exceptions include an undersized hammer head (8" rather than 8.5" specified, thus delivers less bursting force), lack of a rear flair design (vendor quoted front flair design, which increases the risk of the bursting unit disengaging from the pipe during the bursting process), a hammer stroke speed of 223 strokes per minute rather than the 340 strokes per minute specified (reducing bursting unit efficiency). The exceptions reflect that the Hammerhead unit does not possess the bursting power and speed of the T.T. Technologies unit and is less efficient. Additionally, the unit would allow for common parts usage between existing and new pipe bursting equipment, and familiarity with machine operation by Water personnel. The unit bid by T.T. Technologies, Inc. has been reviewed by Water Utilities Department personnel, and meets all performance specifications. The unit is warranted against defects in material and workmanship for 90 days or 500 hours of actual use, whichever occurs first. The barrel and piston of the unit carry a one (1) year warranty, with a 90 day warranty on all other parts. BUDGETARY IMPACT Funds for this expenditure are budgeted in the Water Utilities Fund. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Water Utilities Director. • • RESOLUTION NO. WHEREAS, bids were received for the purchase of one (1) pneumatic pipe bursting unit for use by the Water Utilities Department; and, WHEREAS, T. T. Technologies, Inc., Aurora, Illinois, submitted a bid in the amount of $56,197.38; and, WHEREAS, City Council is of the opinion that the bid submitted by T. T. Technologies, Inc., Aurora, Illinois, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by T. T. Technologies, Inc., Aurora, Illinois, in the amount of $56,197.38 for the purchase of one (1) pneumatic pipe bursting unit for use by the Water 0 Utilities Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. 0 - Mayor Guy N. Goodson - ow •1 .. I City of Beaumont mw_ i1__0 EL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval to purchase a Folder/Inserter for Water Customer Service. RECOMMENDATION Administration recommends the purchase of a Hasler M8004 Folder/Inserter from Mark of Distinction, Inc. of Houston, Texas in the amount of $29,818. BACKGROUND Approximately 40,000 water bills are processed each month by Water Customer Service. The bill folder/inserter currently in use for the task was purchased approximately twelve (12) years ago. The machine has far exceeded its cycle count expectancy and is experiencing frequent malfunctions. Parts are increasingly difficult to locate for repairs because the model has been discontinued by the manufacturer. In order to avoid costly delays and further down time, replacement is necessary. The Hasler M8004 Folder/Inserter processes approximately 4,300 bills per hour and can handle up to eight (8) inserts and multi -page documents with speed and accuracy. Multiple feeder trays, large output bins, and high capacity envelope stackers contribute to continuous processing. The purchase price includes the delivery and installation of the equipment as well as training for an unlimited number of operators. A contract for Hasler brand mail processing equipment has been awarded by the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS) and is available to government entities. The TXMAS contracts comply with all state bidding statutes. 0 Purchase of Folder/Inserter April 20, 2006 Page 2 BUDGETARY IMPACT Funds are available in the Water Utilities Fund for the purchase of a Hasler M8004 Folder/Inserter from Mark of Distinction, Inc. of Houston, Texas in the amount of $29,818. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Finance Officer, and Water Utilities Director. RESOLUTION NO. WHEREAS, bids were received for the purchase of a Folder/Inserter for the Water Customer Service Department; and, WHEREAS, Mark of Distinction, Inc. of Houston, Texas, submitted a bid in the amount of $29,818; and, WHEREAS, City Council is of the opinion that the bid submitted by Mark of Distinction, Inc. of Houston, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Mark of Distinction, Inc. of Houston, Texas, in the amount of $29,818 for the purchase of a Hasler M8004 Folder/Inserter for the Water Customer 0 Service Department be accepted by the City of Beaumont. 2006. 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - c • City of Beaumont Council Agenda Item • TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider the purchase of mobile computer mounting hardware. RECOMMENDATION Administration recommends the purchase of mobile computer port replicators for $295 each and auto power adapters for $77 each from Austin Ribbon and Computer of Austin, TX. BACKGROUND In December 2005, Council approved the implementation of a public safety records management and computer-aided dispatch system. The system included the purchase of mobile computers for installation in Police, Fire, and EMS units. Installation of these mobile computers requires the purchase of 125 vehicle mount port replicators and 134 auto power adapters. Bids were solicited from eight (8) vendors and the following bids were received: Vendor 125 Port Replicator 134 Auto Power Adapter Unit Price Total Price Unit Price Total Price Austin Ribbon and Computer Austin, TX $295.00 $36,875.00 $77.00 $10,318.00 Portable Computer Systems, Inc. Houston, TX $309.00 $38,625.00 $88.00 $11,792.00 Mobile Mounting Solutions McKinney,TX $369.00 $46,125.00 $79.50 $10,653.00 Mobile Computer Mounting Hardware April 18, 2006 Page 2 BUDGETARY IMPACT Funds are available in the Capital Improvement Project Fund for the purchase of mobile computer mounting hardware for the total amount of approximately $47,193. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Finance Officer. C7 RESOLUTION NO. WHEREAS, bids were received for the purchase of mobile computer port replicators and auto power adaptors to mount on mobile computers purchased for installation in Police, Fire and EMS units; and, WHEREAS, Austin Ribbon and Computer of Austin, Texas, submitted a bid in the unit amounts shown below for an estimated total cost of $47,193: 125 Port Replicator 134 Auto Power Adapter Unit Price Total Price Unit Price Total Price $295.00 $36,875.00 $77.00 $10,318.00 ; and, WHEREAS, City Council is of the opinion that the bid submitted by Austin Ribbon and Computer of Austin, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Austin Ribbon and Computer of Austin, Texas, forthe purchase of mobile computer port replicators and auto power adaptors to mount on mobile computers purchased for installation in Police, Fire and EMS units in the estimated total cost of $47,193 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. 0 - Mayor Guy N. Goodson - TM J City of Beaumont Council Agenda Item OL TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council approval to purchase night vision equipment for the Police Department. RECOMMENDATION Administration recommends the purchase of two (2) night vision infrared handheld cameras from DTC Communications, Inc. of Nashua, New Hampshire in the amount of $26,272. The contract for tactical surveillance equipment has been awarded by the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS) and is available to government entities. BACKGROUND Purchase of the night vision equipment will allow the Beaumont Police Department a tactical advantage in low -light pursuit and surveillance situations. The equipment utilizes an infrared system to detect heat variations to identify targets. The unit specified contains a camera with zoom capability which can record thermal images, assisting law enforcement officials in subsequent tactical decision making. The equipment is capable of detecting persons through walls and other solid objects, thereby creating a safer environment for law enforcement personnel. The equipment is being purchased in conjunction with other tactical law enforcement equipment to facilitate port security under an initiative by the Department of Homeland Security. The purchase price will include a one (1) year full warranty on all equipment. Warranty service will be provided by awarded vendor. Delivery is expected within four (4) weeks after receipt of order. BUDGETARY IMPACT Funding for this expenditure will be provided by a grant obtained from the Department of Homeland Security. Purchase of Night Vision Equipment April 19, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief of Police. • 0 RESOLUTION NO. WHEREAS, bids were received for the purchase of two (2) night vision infrared handheld cameras for the Police Department; and, WHEREAS, DTC Communications, Inc. of Nashua, New Hampshire, through a contract with the Texas Building and Procurement Commission, Texas Multiple Award Schedule (TXMAS), submitted a bid in the amount of $26,272; and, WHEREAS, City Council is of the opinion that the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by DTC Communications, Inc. of Nashua, New Hampshire, in the 0 amount of $26,272 for the purchase of two (2) night vision infrared handheld cameras for the Police Department be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. 1-1 - Mayor Guy N. Goodson - • 0 E M I 1 AW, r7f City of Beaumont qw- IL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 17, 2006 REQUESTED ACTION: Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. RECOMMENDATION Administration recommends Council authorize the City Manager to execute a Site Release Form with the DRC Emergency Services, LLC regarding the Hurricane Rita debris reduction site at the Beaumont Municipal Airport. BACKGROUND The City authorized Jefferson County's debris contractor, DRC Emergency Services, LLC to use the Beaumont Municipal Airport for the purpose of establishing a debris reduction site in September 2005. The site was used for the burning and chipping of wood debris from Hurricane Rita. The purpose of this Site Release Form is to document the agreement with DRC that the site restoration at the Beaumont Municipal Airport has been satisfactorily completed. In addition to Jefferson County's contractor, the Corp of Engineers contractor was also located at the Beaumont Municipal Airport. It is anticipated that the area used by both debris removal contractors at Beaumont Municipal Airport will require land leveling. The use of land leveling is necessary to reestablish proper drainage within this area of the airport. Estimated cost for the land leveling and potential reimbursement from the Federal Emergency Management Administration are currently being evaluated. • BUDGETARY IM PACT None. The cost of debris removal was the responsibility of the Federal Emergency Management Administration (FEMA). PREVIOUS ACTION Authorization to use the Beaumont Municipal Airport as a debris reduction site by DRC was provided in September 2005. SUBSEQUENT ACTION None. RECONEWENDED BY City Manager and Public Works Director • DRCSiteReleaseForm.wpd 9 April 17, 2006 • • City of BeaumontA EL F .�� Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a ten foot (10') wide water line easement providing access for fire prevention services. RECOMMENDATION Stoneway L. P., a Texas limited partnership, has agreed to convey a ten foot (10') water line easement to the City of Beaumont in a Correction Water Line Easement document. This easement will provide mandatory access for fire prevention services across the Stoneway property, located off East Lucas Drive and described as follows: Line "A" — being 0.34 acres out of H. Williams Survey, Abstract 57; and Line `B" — being 0.35 acres out of H. Williams Survey, Abstract 57 Administration recommends acceptance of the easement. BACKGROUND The easement is to be used to provide access to the water lines and fire hydrants for the property named above. It would also allow for the construction, alteration, operation and maintenance of the said water lines and appurtenances. BUDGETARYIMPACT None. PREVIOUS ACTION The original easement was conveyed on October 14, 2005 with the authority of Resolution No. 05-210. It included an incorrect metes and bounds description, which will be corrected with this Correction Easement. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. engfire_stoneway2-ib.wpd 19 April 2006 0 RESOLUTION NO. WHEREAS, Stoneway L. P., a Texas limited partnership, has conveyed a ten -foot (10') Water Line Easement, as described on Exhibit "A" attached hereto, to the City of Beaumont for the purpose of providing access for fire prevention services across the Stoneway property located off East Lucas Drive; and, WHEREAS, the City Council has considered the purpose of said conveyance and is of the opinion that the acceptance of said conveyance is necessary and desirable and that same should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the easement conveyed by Stoneway L. P., a Texas limited partnership, as 0 described on Exhibit "A'.' be and the same is hereby, in all things, accepted. 2006. • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - CENEAUX GATES ARCENEAUX & GATES Consulting Engineers, Inc. Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.34 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY, ABSTRACT NO. 57, BEAUMONT, JEFFERSON COUNTY, TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "A" Being a 0.34 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership, recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; BEGINNING at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract, this point also marks the Southeast comer of the herein described tract of land; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract and this tract a distance of 10.00 feet to a point marking the Southwest comer of the herein described tract of land; THENCE North 00 deg. 21 min. 08 sec. West, departing said right of way line along the West line of this tract, parallel with and 10. feet normal distance from the East line of said 15.453 acre tract a distance of 456.78 feet to an"ELL" comer; THENCE South 89 deg. 38 min. 52 sec. West a distance of 34.81 feet to an "ELL" corner; THENCE North 00 deg. 21 min. 08 sec. West a distance of 10.00 feet to an "ELL" corner; THENCE North 89 deg. 38 min. 52 sec. East a distance of 34.81 feet to an "ELL" comer; EXBIBIT "A" (1 of 8) .. '\\Agcngsa cr\a&g\A&G SURVBYING\METBS & BOLT IMS\200A05-DCS-020-A.doc • • THENCE North 00 deg. 21 min. 08 sec. West, continuing along the West line of this tract, parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 920.07 feet to a point located on the North line of said 15.453 acre tract marking the Northwest comer of the herein described tract of land; THENCE South 89 deg. 40 min. 33 sec. East along the North line of said 15.453 acre tract with the North line of this tract a distance of 10.00 feet to a 5/8" steel rod with cap marked 3636 found marking the Northeast corner of said 15.453 acre tract and the Northeast comer of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the East line of said 15.453 acre tract with the East line of this tract a distance of 1436.87 feet to tbp—Southeast comer and PLACE OF BEGINNING and containing in area 14,716 square feet or 0.34 acres of land, more or less. Surveyed May, 2005 Jdy . (Bob) Hodges, R.P.L.S: An Exhibit accompanies this metes and bounds description Bearings referenced to the North Right of Way line of East Lucas Drive North 89 deg. 37 min. 01 sec. West - deed W �N '.gOB) HODGES o- r' 0 553 �� < 67"a EXHIBIT "A" (2 of 8) .. '\\Agengservteakg\A&G SURVEYWr,\mBTES & BOUNDS\2005\05-DCS-020-A.doc 0 100 200 SCALE IN FEET NEGLEY STREET I CALLED 72.67 ACRES BEAUMONT COUNTRY CLUB VOL 1310 PG. 194 ORJC CALLED 7.580 ACRES DUVALL FlRST CORP. CF NO. 2004036328 OPRJC FND 5/8' SR 4W/CAP 3636 A15.453 ACRES* 1 A STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 OPRJC 1 0 N I ILINE "B" II 1 I I I JI 1 BFAUMONT INDEPENDENT SCHOOL DISTRICT OF JEFFERSON COUNTY, TEXAS VOL 1083 PG. 453 DRJC LINE TABLE NUMBER I DIRECTION I DISTANCE L1 I N 89'37'01" W 10,00' L2 I N 00'21'08" W 1 456.78' L3 IS 89'38'52" W 34.81' L4 I N 00'21'08" W 110.00' L5 I N 89'38'52' E 134.81' L6N 00'21 ' W 970.07' L7 9'0833' S 840' E 10,00' L8 S 0921'08' E 1436.87' NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. LINE OF EAST LUCAS DRIVE N 89' 37' 01' W DEED. 2. THIS EXHIBIT ACCOMPANIES A METES AND BOUNDS DESCRIPTION MADE ON THIS DAY. LINE "A'" 14,716 SQ. FT. 0.34 ACRES FND 5/B' SR W/CAP 3636 EAST LUCAS DRIVE 11 P.o.E3_ LINE "A"' EXHIBIT "A" (3 of 8) LINE "A" ® EXHIBIT SHOWING A 10' WIDE UTILITY EASEMENT (0.34 ARCENEAUX & GATES ACRES) OUT OF THE STONE WAY LIMITED PARTNERSHIP ARCENEAUZ Consulting Engineers, Inc. 15.453 ACRE TRACT SITUATED IN THE H. WILLIAMS, JR. & ffiigSnsen 8ungore Plenaen - GATE3 SURVEY, ABSTRACT NO. 57 ,s BEAUMONT, JEFFERSON COUNTY, TEXAS ARCENEAUX GATES 0 ARCENEAUX & GATES Consulting Engineers, Inc. Engineers • Surveyors • Planners METES AND BOUNDS DESCRIPTION FOR 0.35 ACRES OF LAND SITUATED IN THE H. WILLIAMS, JR. SURVEY, ABSTRACT NO. 57, BEAUMONT, JEFFERSON COUNTY, TEXAS 10 FEET WIDE UTILITY EASEMENT LINE "B" I Being a 0.35 acre tract or parcel of land, a portion of that certain tract of land (called 15.453 acres) as conveyed by deed to Stone Way Limited Partnership, recorded in Clerk's File No. 2004036326 of the Official Public Records of Real Property, County Clerk's Office, Jefferson County, Texas, as situated in and a part of the H. Williams, Jr. Survey, Abstract No. 57 of said County and being more particularly described by metes and bounds as follows; FOR LOCATIVE PURPOSES, commence at a 5/8" steel rod with cap marked 3636 found located on the North Right of Way line of East Lucas Drive marking the Southeast comer of the above described 15.453 acre tract; THENCE North 89 deg. 37 min. 01 sec. West along the said North Right of Way line with the South line of said 15.453 acre tract a distance of 10.00 feet to an angle point for corner; THENCE North 00 deg. 21 min. 08 sec. West, departing said Right of Way line, parallel with and 10 feet normal distance from the East line of said 15.453 acre tract a distance of 862:79 feet to a point marking the lower Southwest corner and PLACE OF BEGINNING of the herein described tract of land; THENCE West a distance of 447.36 feet to an angle point for corner; THENCE North 53 deg. 51 min. 33 sec. West a distance of 34.29 feet to an angle point for corner; EXHIBIT "A".(4 of 8) c:v.&c\Me,.B\zoosos-ocs-ow-a.aoo One Turtle Creek Square 3501 Turtle Creek Dr.. Suite 102 Pnrf A,+h,,. TV 'MAO Ano/"n, neem �_•• •^^ - • THENCE North a distance of 6.40 feet to an angle point for comer; THENCE West a distance of 275.76 feet to a point located on the upper West line of said 15.453 acre tract and the East Right of Way line of Pennock Avenue marking the Southwest corner of the herein described tract of land; THENCE North 00 deg. 18 min. 40 sec. West along the said East Right of Way line and upper West line of said 15.453 acre tract with the West line of this tract a distance of 10.00 feet to a point marking the Northwest corner of the herein described tract of land; THENCE East, departing said East Right of Way line a distance of 275.81 feet to an angle point for corner; THENCE North a distance of 99.46 feet to an angle point for corner; THENCE along a curve to the right having a radius of 270.30 feet, a central angle of 38 deg. 24 min. 52 sec., an arc distance of 181.23 feet,'a chord distance of 177.85 feet and a chord bearing of North 19 deg. 12 min. 26 sec. East to an angle point for corner; THENCE along a curve to the right having a radius of 361.00 feet, a central angle of 17 deg. 37 min. 22 sec., an arc distance of 111.03 feet a chord distance of 110.60 feet and a chord bearing of North 47 deg. 13 min. 33 sec. East to an angle point for comer; THENCE along a curve to the right having a radius of 207.98 feet, a central angle of 35 deg. 02 min. 32 sec., an arc distance of 127.20 feet, a chord distance of 125.23 feet and a chord bearing of North. 73 deg. 33 min. 29 sec. East to an angle point for corner; THENCE North 89 deg. 38 deg. 52 sec. East a distance of 212.70 feet to a point marking the upper Northeast corner of the herein described tract of land; THENCE South 00 deg. 21 min. 08 sec. East along the upper East line of this tract a distance of 10.00 feet to a point marking the upper Southeast comer of the herein described tract of land; EXHIBIT "A" (5 of 8) c:V.kc\Mka\2005\05-Dcs-020-s.aoe No Text THENCE East a distance of 385.19 feet to an angle point for comer; I; 0 100 200 SCALE IN FEET NEGLEY STREET )F OTE CALLED 72.67 ACRES BEAUMONT COUNTRY CLUB VOL. IJIO PG. 194 ORJC CALLED 7.580 ACRES DUVALL FIRST CORP. CF NO. 2004036328 OPRJ�FND 5/8" SR =-- W/CAP 3636 15.453 ACRES STONE WAY LIMITED PARTNERSHIP CF NO. 2004036326 OPRJC Lt0 L12 C ":A. • Q LINE '"B" d Q � 15,402 SO. FT. 0.35 ACRES 1-17 'j l71 LIS J 1-19 L23 -4N 0 -- Lfi _'( J ---=L21 _ �__ L3 P.O.B. LINE "B" BEAUA40NT INDEPENDENT SCHOOL DISTRICT OF JEFFERSON COUNTY, TEXAS VOL. 1083 PG. 453 DRJC NOTES: 1. BEARINGS REFERENCED TO THE NORTH R.O.W. UNE OF EAST LUCAS DRIVE N 89' 37' 01" W DEED. 2. THIS EXHIBIT ACCOMPANIES A METES AND BOUNDS DESCRIPTION MADE ON THIS DAY. EXHIBIT "A" (8 of 8) EAST LUCAS DRIVE m 1 1 1 1 1 1 N1 J 1 1 1 1 1 1 FND 5/8' SR W/COP 3636 P.O.C. LINE -Be' LINE "B" ® EXHIBIT SHOWING A 10' WIDE UTILITY EASEMENT (0.35 ARCENEAUX & GATES ACRES) OUT OF THE STONE WAY LIMITED PARTNERSHIP AItCENEAUX Consulting Engineers, Inc.15.453 ACRE TRACT SITUATED IN THE H. WILLIAMS, JR. � Engineers Surveyors Plaaann s� GATES SURVEY, ABSTRACT NO. 57 BEAUMONT, JEFFERSON COUNTY, TEXAS i �g U H N� "A" o�^o> 20 FND 5/8' SR W/COP 3636 P.O.C. LINE -Be' LINE "B" ® EXHIBIT SHOWING A 10' WIDE UTILITY EASEMENT (0.35 ARCENEAUX & GATES ACRES) OUT OF THE STONE WAY LIMITED PARTNERSHIP AItCENEAUX Consulting Engineers, Inc.15.453 ACRE TRACT SITUATED IN THE H. WILLIAMS, JR. � Engineers Surveyors Plaaann s� GATES SURVEY, ABSTRACT NO. 57 BEAUMONT, JEFFERSON COUNTY, TEXAS • 11791-1 City of Beaumont Council Agenda Item Imm rr�� K. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Marie Dodson, Human Resources Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan. RECOMMENDATION Administration recommends that Council authorize the City Manager to amend the Administrative Service Agreement for the ICMA 457 Deferred Compensation Plan, which provides for an elimination of the Plan Administration fee and Mutual Funds Fee. BACKGROUND Full time city employees are offered the option of participating in the 457 Deferred Compensation Plan with the ICMA Retirement Corporation. As a result of the employer's use of EZLink for enrollment and contribution processing over the term of the agreement, the current plan administration fees of .55% for Vantage Trust Funds and the current VT Mutual Fund Series Service Fees of .70% will be eliminated. The 457 Deferred Compensation Program (ICMA) is a voluntary, tax-deferred program designed to help supplement the employee's income at retirement. BUDGETARY IMPACT None. PREVIOUS ACTION None. 0 G SUBSEQUENT ACTION None. RECOMMENDED BY Human Resources Director. • RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the amendment of the 457 Deferred Compensation Plan with the ICMA Retirement Corporation to eliminate the Plan Administration fee and Mutual Funds Fee. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. C7 • - Mayor Guy N. Goodson - ML City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS APRIL 25, 2006 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-9/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider passing one of three ordinances relating to the prohibition of smoking in specific public places 2. Consider approving a contract for property insurance 3. Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund 4. Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club 5. Consider approving a one (1) year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department 6. Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits 7. Consider approving a request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel 8. Consider approving a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore • 9. Consider approving a settlement agreement with CenterPoint Energy 10. PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 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: Shane Landry v City of Beaumont 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. • • 11 April 25, 2006 Consider passing one of three ordinances relating to the prohibition of smoking in specific public places E • • 1 17Ej7!j City of Beaumont � c Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Ingrid Holmes, Public Health Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider passing one of three ordinances relating to the prohibition of smoking in specific public places. BACKGROUND Secondhand smoke is a mixture of smoke given off by the burning end of a tobacco product and the smoke exhaled from the lungs of smokers. It is involuntarily inhaled by non-smokers, lingers in the air, and can cause or exacerbate a wide range of adverse health effects including cancer, respiratory infections, and asthma. The U.S. Surgeon General has determined that the simple separation of smokers and non-smokers within the same airspace may reduce, but does not eliminate, the exposure of non-smokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses with high rates of ventilation. The purpose of this ordinance is to protect the public's health and welfare by prohibiting smoking in public places and places of employment and to guarantee the right of non-smokers to breathe smoke- free air. The three versions which are submitted for your consideration include a 100% ban of smoking in all public places. "Public places" is defined as any enclosed area or portion thereof that is accessible by the public or to which the public is admitted by general invitation. This definition includes any enclosed work place. The second ordinance, which has been referred to as the "less than 100% version," generally prohibits smoking in public places with exception made for smoking in designated areas. It allows smoking in restaurants and bars if the owner and/or operator secures a smoking permit, restricts admission to persons under the age of 18 unless accompanied by a parent or legal guardian, and the designated area is fully enclosed and equipped with a separate air conditioning system and separated from a dining area by an impermeable wall. These facilities would be inspected and permits renewed by the Health Department on an annual basis. Version three ensures that eating places are 100% smoke-free and allows smoking in drinking places or bars. This version also requires the owner and/or operator to secure a permit and, as a condition of the issuance of the permit, to prohibit admission to persons under the age of 18 unless accompanied by a parent or legal guardian. BUDGETARY IMPACT None. PREVIOUS ACTION A public hearing was held on March 21, 2006 to give the community the opportunity to comment on smoking ordinances. SUBSEQUENT ACTION None. RECOMMENDED BY Public Health Director, City Manager and City Attorney. 0 0 • • ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 100% NO SMOKING secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk 0 Page 2 100% NO SMOKING 0 of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: 0 Page 3 0 100% NO SMOKING "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Employee means any person who is employed in consideration of direct or indirect monetary wages, commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (2) Employer means a person that employs the services of one or more individuals. (3) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (4) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (5) Operator means the owner or person in charge of a public place or workplace, including an employer. (6) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. 0 Page 4 100% NO SMOKING (7) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (8) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (9) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco like product such as cigarettes, cigars, pipes, or other such device used for smoking. (10) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) A person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) A person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-10 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. 0 Page 5 0 100% NO SMOKING (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) A person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign at each entrance to the premises clearly stating that smoking is prohibited on the premises or is only permitted in designated areas of the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (D) It is an affirmative defense to prosecution under this chapter that an owner, operator, or other person in control of the premises failed to post a sign required under this section. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; or 0 Page 6 9 100% NO SMOKING (2) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non -Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section, the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. 0 Page 7 • 100% NO SMOKING ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-10; and (8) participants in an authorized theatrical performance. Sec. 4-10. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or 0 Page 8 100% NO SMOKING (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (26). ARTICLE III. PENALTIES AND ENFORCEMENT Sec. 4-11. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-12. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Public Health Department or his/her designee. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Public Health Department or his/her designee may enforce this chapter and may seek injunctive relief. Sec. 4-13. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-14. Violation and Penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 0 Page 9 100% NO SMOKING 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 25`h day of April, 0 2006. - Mayor Guy N. Goodson - Page 10 • • • tri �t � •��'� x ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to Page 1 0 LESS THAN 100% secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate is matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk 0 Page 2 0 LESS THAN 100% of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS between 2000 and 2004 cigarette use among middle school and high , g 9 9 school youth in the Beaumont/PortArthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to I* Page 3 LESS THAN 100% guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" because minors are admitted in these areas. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetarywages, commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. - 0 Page 4 LESS THAN 100% (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Operator means the owner or person in charge of a public place or workplace, including an employer. (8) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (9) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (10) Private Function means the rental of a ballroom, restaurant, private club, or other facility for the sole purpose of entertaining, private parties, events or other social functions. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on -premises or off -premises 0 Page 5 0 LESS THAN 100% consumption, including a bar area located in a restaurant. The term shall include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco -like products, such as cigarettes, cigars, pipes, or other such device used for smoking. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the is person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. 0 Page 6 0 LESS THAN 100% Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department: (1) at each entrance to the premises clearly stating that: (a) smoking is prohibited on the premises; (b) smoking is permitted on the premises; or (c) smoking is only permitted in designated areas of the premises; (2) in an area in a restricted smoking facility designated as a smoking area stating that smoking is permitted in the area; and (3) in an area in a restricted smoking facility designated as a non- smoking area stating that smoking is prohibited in the area. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) or 4-15 (Restricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or Page 7 0 LESS THAN 100% (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted or restricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non -Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: 0 Page 8 LESS THAN 100% 0 (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. (B) To implement this section, the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; 0 Page 9 LESS THAN 100% (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. Sec. 4-10. Smoking Permitted in Certain Public Places. (A) An owner, operator or other person in control may designate a smoking area in a public place and permit smoking in the area as provided under Article II I (Permit Requirements). (B) Except as provided by Article II (Exceptions), a person may not smoke in a public place except in a designated smoking area. 0 Sec. 4-11. Exception for Bar or Restaurant. A person may smoke in an enclosed area of a bar if the owner or operator of the premises has obtained: (1) an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility); or (2) a restricted smoking permit under Section 4-15 (Restricted Smoking Facility). Sec. 4-12. Outdoor Distance Exception. A person may smoke within twenty-five feet (25') of an entrance to a restricted smoking facility if: (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). Page 10 LESS THAN 1009/6 ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-13. Permit Required. The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-14. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; (2) no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. 0 Sec. 4-15. Restricted Smoking Facility. The owner, operator, or other person in control of a bar or restaurant may permit smoking in a designated smoking area if: (1) the owner, operator, or other person in control obtains a restricted smoking permit; (2) no one underthe age of eighteen (18) is admitted to the designated smoking area unless accompanied by a parent or legal guardian; and (3) the designated smoking area is equipped with a separate, operational HVAC system designed to prevent smoke from entering a nonsmoking area and is separate from a dining area and is a fully enclosed area. Sec. 4-16. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of 0 Page 11 LESS THAN 100% this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) if applicable under Section 4-14 (Unrestricted Smoking Facility), an affidavit from a certified public accountant relating to the calculation of the annual income and a copy of the alcoholic beverage permit issued to the premises; (4) a statement that the applicant has obtained a copy of this chapter and 0 related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (5) other information the director determines is necessary. (D) A permit issued under this chapter is non -transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1 st will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1 st to December 31 st. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result 0 Page 12 0 LESS THAN 100% in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-17. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-18. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-19. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-20. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary by the health director may be made to insure enforcement of this article. Page 13 LESS THAN 1001/6 (B) Whenever an inspection is made of a public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. (C) The inspection report form shall set forth the following: (1) the specific conditions in the smoking area, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. If smoking areas are found to be in violation within two (2) or more enclosed areas, then a separate inspection report shall be issued for each enclosed area. Sec. 4-21. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for 0 Page 14 LESS THAN 100% hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-22. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-23. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 0 Page 15 0 LESS THAN 100% 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 25th day April, 0 2006. - Mayor Guy N. Goodson - 0 Page 16 ORDINANCE NO. ENTITLED AN ORDINANCE ENACTING A NEW CHAPTER FOUR OF THE CODE OF ORDINANCES REGULATING SMOKING IN PUBLIC PLACES; PROVIDING FOR A SMOKING PERMIT AND RENEWAL; CREATING OFFENSES; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, numerous studies have found that tobacco smoke is a major contributor to indoor air pollution, and that breathing secondhand smoke (also known as environmental tobacco smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke, respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that secondhand smoke is responsible for the early deaths of up to 65,000 Americans annually; and WHEREAS, the Public Health Service's National Toxicology Program (NTP) has listed secondhand smoke as a known carcinogen; and WHEREAS, a study of hospital admissions for acute myocardial infarction in Helena Montana, before, during and after a local law eliminating smoking in workplaces and public places was in effect, has determined that laws to enforce smoke-free workplaces and public places may be associated with a reduction in morbidity from heart disease; and WHEREAS, secondhand smoke is particularly hazardous to elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease. Children exposed to 0 Page 1 • 3RD VERSION secondhand smoke have an increased risk of asthma, respiratory infections, sudden infant death syndrome, developmental abnormalities, and cancer; and WHEREAS, the Americans With Disabilities Act, which requires that disabled persons have access to public places and workplaces, deems impaired respiratory function to be a disability; and WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and nonsmokers within the same airspace may reduce, but does not eliminate, the exposure of nonsmokers to secondhand smoke. The Environmental Protection Agency has determined that secondhand smoke cannot be reduced to safe levels in businesses by high rates of ventilation. Air cleaners, which are only capable of filtering the particulate 0 matter and odors in smoke, do not eliminate the known toxins in secondhand smoke; and WHEREAS, The Centers for Disease Control and Prevention has determined that the risk of acute myocardial infarction and coronary heart disease associated with exposure to tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses such as those received from secondhand smoke or actively smoking one or two cigarettes a day, and has warned that all patients at increased risk of coronary heart disease or with known coronary artery disease should avoid all indoor environments that permit smoking; and WHEREAS, a significant amount of secondhand smoke exposure occurs in the workplace. Employees who work in smoke-filled businesses suffer a 25-50% higher risk Page 2 3RD VERSION of heart attack and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory disease and measurable decrease in lung function; and WHEREAS, smoke-filled workplaces result in higher worker absenteeism due to respiratory disease, lower productivity, higher cleaning and maintenance costs, increased health insurance rates, and increased liability claims for diseases related to exposure to secondhand smoke; and WHEREAS, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on merchandise and fixtures causes economic damage to businesses; and WHEREAS, the smoking of tobacco is a form of air pollution, a positive danger to health, and a material public nuisance; and WHEREAS, between 2000 and 2004, cigarette use among middle school and high school youth in the Beaumont/PortArthur comprehensive program area decreased at more than four times the state rate; and WHEREAS, statewide, Texas youth cigarette use increased among middle school youth and decreased only slightly at the high school level between 2001 and 2004; and WHEREAS, comprehensive community-based tobacco use prevention and control programs are effective in reducing youth cigarette use; and WHEREAS, the purposes of this ordinance are (1) to protect the public health and welfare by prohibiting smoking in public places and places of employment; and (2) to Page 3 • 3RD VERSION guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that the need to breathe smoke-free air shall have priority over the desire to smoke; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. THAT a new Chapter Four be enacted to read as follows: "Chapter 4 SMOKING IN PUBLIC PLACES. ARTICLE I. GENERAL PROVISIONS. Sec. 4-1. Definitions. (1) Bar, for purposes of this chapter, means an establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages and where minors are not allowed admittance unless accompanied by a parent or legal guardian. Restaurants that contain a bar are not considered a "bar" for purposes of this chapter. (2) Designated Smoking Area means an area in a public place in which an operator or employer permits smoking under this chapter. (3) Employee means any person who is employed in consideration of direct or indirect monetary wages, commissions or profits and any contract employee. Employee includes a person who volunteers for a non-profit entity. (4) Employer means a person that employs the services of one or more individuals. 0 Page 4 3RD VERSION (5) Enclosed Area means a space that is enclosed on all sides by solid impermeable walls that extend from the floor to the ceiling, inclusive of windows and doors. (6) Fraternal Organization means a nonprofit organization that: (a) is chartered by a national organization in existence since 1953; (b) is tax exempt under Section 501(c)(8), (10), or (19) of the Internal Revenue Code; (c) operates under a lodge system with a representative form of government; and (d) is organized for the exclusive benefit of the members of the organization and their dependents. (7) Minor, in this chapter, means a person under eighteen (18) years of age. 0 (8) Operator means the owner or person in charge of a public place or workplace, including an employer. (9) Public Place means an enclosed area or any portion thereof that is accessible by the public or which the public is admitted by general invitation or that is an enclosed workplace. (10) Private Club means any building, premise or portion thereof which is permitted by the state as a private club for the storing, possession an dispensing for on premises consumption of alcoholic beverages. The term "private club" additionally includes a premise operated by an organization which is not available to and not customarily used by the general public and entry and privileges thereto are established by regulations of that organization distinct from a Texas Alcohol and Beverage private club membership. (11) Restaurant means a premise primarily engaged in the preparation and sale of food, with or without alcohol, for on -premises or off -premises consumption, including a bar area located in a restaurant. The term shall Page 5 • • r� 3RD VERSION include restaurant outdoor seating areas where food service is provided to its patrons. (12) Retail Tobacco Store means a retail store used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. (13) Smoke or Smoking means to inhale or exhale smoke from or to light, hold, or carry a lighted tobacco or tobacco -like product, such as cigarettes, cigars, pipes, or other devices. (14) Workplace means an enclosed area under the control of a public or private employer in which employees work or have access during the course of their employment. Sec. 4-2. Smoking Prohibited. (A) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed public place within the City of Beaumont. (B) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased, or operated by the City. (C) Except as permitted in this chapter, a person commits an offense if the person smokes in an enclosed area of a workplace. (D) Except as provided in Section 4-12 (Outdoor Distance Exception) a person commits an offense if the person smokes within a distance of twenty-five feet (25') from a primary public pedestrian entrance to or an operable window of an enclosed area in which smoking is prohibited. (E) The owner, operator or other person in control of a public place commits an offense if the person fails to take reasonable steps to prevent or stop another person from smoking in an enclosed area in a public place. (F) Except as permitted in this chapter, a person commits an offense if the person smokes in the seating area of an outdoor arena, stadium or amphitheater. Page 6 3RD VERSION Sec. 4-3. Signs Required. (A) The owner, operator, or other person in control of a public place or workplace where smoking is prohibited shall conspicuously post a sign as provided by the Health Department at each entrance to the premises clearly stating that smoking is prohibited on the premises. (B) The owner, operator, or other person in control of a public place shall conspicuously post signs in areas where smoking is permitted on the premises under Article II (Exceptions). (C) An owner, operator, or other person in control of a public place where smoking is permitted under Sections 4-14 (Unrestricted Smoking Facility) shall conspicuously display the window decal issued by the director of the Health Department. (D) A sign posted under this section shall include the telephone number at the Public Health Department where a person may call to make a complaint under this chapter. (E) It is an affirmative defense to prosecution under this chapter that: (1) an owner, operator, or other person in control of the premises failed to post a sign required under this section; or (2) the person is in possession of the burning tobacco product or smokes tobacco exclusively within a validly permitted unrestricted smoking area. Sec. 4-4. Employer Responsibilities. (A) Except as provided in Subsection (B), an employer shall provide a smoke- free workplace for employees. (B) If an employer requires employees to work in an area described in Article II (Exceptions), the employer shall make reasonable accommodations for an employee who requests assignment to a smoke-free area. 0 Page 7 0 3RD VERSION (C) An employer shall notify each employee and applicant for employment in writing that: (1) smoking in the workplace is prohibited; (2) smoking in the workplace is permitted; or (3) smoking is only permitted in designated areas of the workplace under Article II (Exceptions). Sec. 4-5. Removal of Ashtray or Smoking Accessory. The owner, operator, or other person in control of a public place and an employer shall remove any ashtray or other smoking accessory from a place where smoking is prohibited. Sec. 4-6. Voluntary Designation of a Non -Smoking Facility. Nothing in this chapter implies that the owner, operator, or other person in control of an enclosed or outdoor public place is prohibited from designating the entire facility as non-smoking. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 4-3 is posted. Sec. 4-7. Public Education. (A) The city manager or his designee shall: (1) develop a comprehensive tobacco education program to educate the public about the harmful effects of tobacco and its addictive qualities; (2) conduct informational activities to notify and educate businesses and the public about this chapter; and (3) coordinate the City's tobacco education program with other civic or volunteer groups organized to promote smoking prevention and tobacco education. 0 Page 8 0 3RD VERSION (B) To implement this section, the city manager or his designee may publish and distribute educational materials relating to this chapter to businesses, their employees, and the public. Sec. 4-8. Application of Other Law. This chapter is cumulative of other laws that regulate smoking. ARTICLE II. EXCEPTIONS Sec. 4-9. General Exceptions. This chapter does not apply to: (1) a dwelling unit, as defined in Section 30-4(b)(20), that is used exclusively for private residential use; (2) a hotel or motel room that is ordinarily used for sleeping and is designated as a smoking room, except that no more than twenty-five percent (25%) of Is the rooms in a hotel or motel rented to guests may be designated as smoking rooms; (3) a retail tobacco store that is mechanically ventilated to prevent smoke from entering a non-smoking area; (4) a facility operated by a fraternal organization for a charitable, benevolent, or educational function if the facility is controlled by the organization and operated exclusively for the benefit of the membership; (5) an outdoor area of a public place that is not in the area described by Subsection 4-2(D) (Smoking Prohibited); (6) private clubs; (7) outdoor areas of workplaces except as provided for by the provisions of Sections 4-2(D) or 4-12; and (8) participants in an authorized theatrical performance. 0 Page 9 0 3RD VERSION Sec. 4-10. Exception for Bar. A person may smoke in a bar if the owner or operator of the premises has obtained an unrestricted smoking permit under Section 4-14 (Unrestricted Smoking Facility). Sec. 4-11. Outdoor Distance Exception. if: A person may smoke within twenty-five feet (25') of an entrance to a smoking facility (1) the entrance is not a primary public pedestrian entrance to the premises; or (2) the distance between the entrance and the adjacent roadway is less than twenty-five feet (25'). ARTICLE III. PERMIT REQUIREMENTS. Sec. 4-12. Permit Required. is The owner, operator, or other person in control of an unrestricted or restricted smoking facility under this article must obtain a permit before the operator may allow smoking within or at the facility. Sec. 4-13. Unrestricted Smoking Facility. The owner, operator, or other person in control of a bar may permit smoking in the entire premises if: (1) the owner, operator, or other person in control obtains an unrestricted smoking permit; and (2) as a condition of the issuance of a permit, no one under the age of eighteen (18) is admitted to the facility unless accompanied by a parent or legal guardian. Sec. 4-14. Permit Application; Fees; Term and Renewal. (A) The director of the Health Department shall issue a permit, including signs and window decals, to an applicant who complies with the requirements of 0 Page 10 • 171 • 3RD VERSION this section. Additional signs and/or decals provided subsequent to the issuance of the original permit shall be at a cost of five dollars ($5.00) each. (B) The owner, operator, or other person in control of a bar or restaurant must file an application for a permit with the director of the Health Department on a form approved by the director and pay an application fee. (C) An application under this section shall include: (1) the name, mailing address, and telephone number of the applicant; (2) the name, address, and telephone number of the business premises at which smoking will be permitted; (3) a statement that the applicant has obtained a copy of this chapter and related rules and agrees to comply with this chapter, related rules, and the terms and conditions of a permit issued to the applicant; and (4) other information the director determines is necessary. (D) A permit issued under this chapter is non -transferable. (E) Every application for a permit (whether for an original permit or for renewal of an existing license) shall be accompanied by a two hundred and forty dollar ($240.00) non-refundable application fee. The director of the Health Department is hereby authorized to collect this fee as established in this section. (F) Permit fees for original permits issued after January 1St will be prorated on a monthly basis. A permit issued under this article is valid for a period of one (1) year from January 1St to December 31St. (G) A permittee shall file an application for renewal of a permit and pay the renewal fee before the permit's expiration date. Failure to renew shall result in a penalty of one hundred dollars ($100.00) per month and may also be subject to other penalties as may be provided for in this chapter. (H) A renewal application shall comply with the requirements of Section 4-16. Page 11 0 3RD VERSION ARTICLE IV. PENALTIES AND ENFORCEMENT Sec. 4-15. Retaliation Prohibited. A person commits an offense if the person discharges, refuses to hire, or retaliates against a customer, employee, or applicant for employment because the customer, employee, or applicant for employment reports a violation of this chapter. Sec. 4-16. Enforcement. (A) This section is cumulative of other laws providing enforcement authority. (B) A person may report a violation of this chapter to the director of the Health Department. (C) The city manager or his designee may authorize a city employee conducting an inspection under any provision of the Code to also inspect for compliance with this chapter and issue a citation for a violation of this chapter. (D) The director of the Health Department may enforce this chapter and may seek injunctive relief. Sec. 4-17. Enforcement Guidelines. The city manager or his designee shall adopt enforcement guidelines applicable to this chapter. Sec. 4-18. Inspections; reports. (A) Each facility for which a permit is issued shall be inspected at least once every twelve (12) months to determine compliance with this chapter. As many additional inspections as are determined to be necessary bythe health director may be made to insure enforcement of this article. (B) Whenever an inspection is made of a permitted public place, the findings shall be recorded on an inspection report form and a copy of each inspection report shall be provided to the person in charge of the establishment. The original inspection report shall be filed with the records of the department. Page 12 3RD VERSION 0 (C) The inspection report form shall set forth the following: (1) the specific conditions in the permitted smoking establishment or public place, if any, that are in violation of this article; (2) that a hearing will be held before the health director if written notice of appeal is filed in the office of the director within ten (10) days after the date of the inspection; (3) that the appeal may be filed by the person in possession or control of the public place; (4) that the appeal must be filed on a form prescribed for that purpose by the director; and (5) that the person in possession or control may appear in person and/or be represented by counsel and may present testimony and may cross-examine all witnesses. isSec. 4-19. Suspension or revocation of permits. A permit may be suspended by the health director for any period of time from one (1) day to thirty (30) days, or may be revoked. The health director shall give written notice of suspension or revocation to the holder of a permit. The notice of suspension shall include the dates of the proposed suspension and the reasons therefor. The notice of revocation shall include the reasons for the proposed revocation. The holder of a permit may request a hearing by written notice to the health director within ten (10) days of the receipt of notice of suspension or revocation. Upon receipt of a written request for hearing, the health director shall notify the permit holder of the time and place for a hearing to be held not less than five (5) nor more than fifteen (15) days after receipt of request for hearing. After hearing, the health director may, upon a finding that one or more grounds for revocation or suspension exists, revoke or suspend the permit. If no ground for revocation or suspension is found by the health director, he shall overrule the revocation or suspension. A record shall be made of any hearing held under this section, and all costs associated with such hearing and record shall be paid by the permit holder. The health director shall render his decision in writing within ten (10) days of the conclusion of the hearing. The following shall be grounds for revocation or suspension of a permit by the health director: Page 13 0 3RD VERSION (1) the permit holder or an employer or any employee of the permit holder has violated any provision of this chapter; (2) the permitted premises is the location of three (3) or more violations of this chapter within a six (6) month period of time. Sec. 4-20. Appeal. Appeal of the decision to revoke or suspend a permit by the health director shall be made to the city manager and shall be heard only upon the record made of the hearing before the health director. The substantial evidence rule shall apply. The city manager or his designee shall hear said appeal upon receipt of a request in writing for such appeal received within fifteen (15) days after the date of the decision of revocation by the health director. The record of the hearing before the health director shall be attached as a part of the request for appeal to the city manager. The decision of the city manager or his designee shall be final. Sec. 4-21. Violation and penalty. (A) A person who violates the provisions of this chapter commits a Class C misdemeanor, punishable under Section 1-8 (General Penalty) by a fine not to exceed Five Hundred Dollars ($500). A culpable mental state is not required for a violation of this chapter, and need not be proved. (B) Each day an offense occurs is a separate violation." 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. 0 Page 14 0 3RD VERSION 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 25th day of April, 2006. - Mayor Guy N. Goodson - • 0 Page 15 • Consider approving a contract for property insurance r� 2 April 25, 2006 0 City of Beaumont � Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 21, 2006 REQUESTED ACTION: Council approval to award a contract for fire, extended coverage, flood and quake property insurance. RECOMMENDATION 0 Administration recommends the award of a bid to McGriff, Seibels & Williams, Inc. of Dallas, Texas for a one (1) year fire, extended coverage, flood and quake property insurance policy effective May 1, 2006. The annual premium of $1,062,958 includes an all risk peril policy with a loss limit of $108,473,207, Boiler and Machinery coverage, Electronic Data Processing (EDP) equipment and Terrorism coverage. BACKGROUND Requests for Proposals were received on Thursday, April 13, 2006 for providing a one (1) year fire, extended coverage, flood and quake insurance policy. Three (3) companies submitted proposals for evaluation and review. Of the three submitting proposals, only two provided windstorm coverage. The Texas Municipal League Inter-govemmental Risk Pool proposal excluded windstorm coverage and was not considered. This past year's substantial losses in coastal areas due to Hurricanes Katrina, Rita and Wilma have resulted in reduced insurance coverage and increased premiums to coastal customers. Frost Insurance of San Antonio and McGriff, Seibels and Williams of Dallas provided numerous cost quotations with varying degrees of coverage. After considerable review and evaluation, it was determined that the coverage to be provided by the City's current carrier, McGriff, Seibels and Williams was the most comprehensive. The proposal submitted by Frost Insurance Company was more expensive, contained higher deductibles and did not provide coverage for the total insured value. 9 The scheduled deductibles offered in the selected insurance plan are as follow: Property Insurance April 20, 2006 Page 2 Fire $50,000 Windstorm/Hail through the $75,000 per occurrence. Maximum Limit per structure is Texas Windstorm Insurance $2,192,000. Excess at 5% of Total Insured Value of Association (TWIA) structure per location subject to $250,000 per occurrence minimum. Flood $250,000 Flood - Flood Zone A 5% of TIV per location subject to $1,000,000 per occurrence Flood Hazard (Areas of 100 Year Flooding) Boiler and Machinery $25,000 The current policy through McGriff, Seibels and Williams provided a maximum $500,000 deductible for all losses incurred from Hurricane Rita. To date, damage claims filed for city buildings and facilities total approximately $12,000,000. The premium for the policy expiring April 30, 2006 was $255,676. There were no claims filed in excess of $2,192,000 for any of the City's damaged structures. Damage claims were filed on 118 buildings or facilities as a result of Hurricane Rita. The policy begins May 1, 2006 and expires May 1, 2007. BUDGETARY IMPACT Funds are available in the Building Services Division's operating budget. Additional funds to cover the increased premium are available in the General Fund from increases in sales tax revenue. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. 0 RESOLUTION NO. 0 WHEREAS, bids were received for a one (1) year fire, extended coverage, flood and quake property insurance policy; and, WHEREAS, McGriff, Seibels & Williams, Inc. of Dallas, Texas, submitted a bid for an annual premium in the amount of $1,062,958; and, WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by McGriff, Seibels & Williams, Inc. of Dallas, Texas, for an annual premium in the amount of $1,062,958 for a one (1) year fire, extended coverage, flood and quake property insurance policy effective May 1, 2006 to May 1, 2007 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. • - Mayor Guy N. Goodson - April 25, 2006 Consider amending the FY 2006 Budget to increase expenditures in the Water Utilities Fund • • ! City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 10, 2006 REQUESTED ACTION: Amend the FY 2006 Budget to increase expenditures in the Water Utility Fund by $1,936,147. RECOMMENDATION It is recommended that Council amend the FY 2006 Budget to include $1,906,147 for FY 05 water projects that are being completed in FY 06 and $30,000 to purchase a new high capacity envelope feeder for Water Customer Service. The detail of this proposal is attached. Approving the proposed amendments will preclude the City from having expenditures in excess of appropriations. BACKGROUND In accordance with Article VI of the City Charter, the City Manager shall strictly enforce the provisions of the budget as specified in the ordinance adopting the budget. He shall not authorize or approve any expenditure unless an appropriation has been made in the budget ordinance adopting the budget, and there is an available unencumbered balance of the appropriation sufficient to pay the liability to be incurred. BUDGETARY IMPACT The proposed FY 2006 Budget amendment will increase total appropriations by $1,936,147. Sufficient fund balance is available to cover the increase in appropriations where the fund's revenues are not able to fully sustain these appropriations due in part to the fact that $1,906,147 of appropriations was unspent in the FY 2005 Budget. PREVIOUS ACTION No prior FY 2006 Budget amendments have been proposed or approved. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Chief Financial Officer • • • • Proposed Budget Amendments FY06 Water Utility Fund Water/Sewer Projects At the close of fiscal year ended September 30, 2005, Water Utilities had several projects in progress or scheduled to begin. These projects were included in the FY 05 budget, but were not completed in FY 05. They were not included in the FY 06 Budget. Funds are now needed to complete the FY 05 projects and are available as follows: Water Utilities FY 05 Budget FY 05 FY 05 Funds Account Description Budget Expended Available Engineering $ 200,000 $113,046 $ 86,954 Construction 2,894,300 654,146 2,240,154 Subtotal 3,094,300 767,192 2,327,108 Less: Operating funds over budget (420,961 Net Funds Available from FY 05 Budget $ 1,906,147.00 The FY 05 projects are as follows: FY 05 Budgeted Projects Ongoing in FY 06 Project Area Amount Water Production $ 51,500 Water/Sewer Maintenance 15,000 Water Reclamation 8,300 Sanitary Sewer Rehabilitation 1,831,347 Total Funds Required High Capacity Envelope Feeder An envelope feeder is used at Water Customer Service to fold and stuff water bills, inserts, and return envelopes for mailing. In excess of 40,000 bills are mailed out monthly. An additional 7,400 delinquent notices will go out monthly when the new water system goes live in May. The current machine has been in operation for about twelve years and has a life of approximately one million cycles. The machine has currently processed approximately three million cycles. It has been serviced four times in the last three months. There is a concern about the availability of parts when the machine needs repairing again because it has been discontinued. Our service contract is with Pitney Bowes. The sales representative strongly recommends replacing the machine to avoid costly downtime. High Capacity Envelope Feeder $ 30,000 ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE BUDGET OF THE CITY OF BEAUMONT FOR THE FISCAL YEAR 2005/2006 TO ALLOCATE $1,936,147 FROM THE FUND BALANCE TO THE WATER UTILITY FUND; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the Water Utility Department had several projects budgeted for FY2005 which were in progress or scheduled to begin but were not completed. These projects were not provided for in the FY2006 budget; and, WHEREAS, the Water Utility Department is in need of a high-capacity envelope feeder to be used in the Customer Service Division to fold and stuff water bills, inserts and return envelopes for mailing. This item also was not included in the FY2006 budget; and, WHEREAS, the FY2006 budget should be amended to appropriate and transfer from the Fund Balance $1,906,147 to cover the expenditures necessary to complete the several projects not completed in FY2005 and $30,000 for the purchase of a high capacity envelope feeder for use in the Customer Service Division. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That the fiscal budget of the City of Beaumont for the period commencing October 1, 2005 - September 30, 2006 be and the same is hereby amended to appropriate and transfer the sum of $1,936,147 from Fund Balance to the Water Utility Fund to cover the 0 expenditures necessary to complete the projects not completed in the FY2005 and for the purchase of a high capacity envelope feeder for use in the Customer Service Division as reflected in attached Exhibit "A." 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. 2006. • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - April 25, 2006 Consider authorizing the City Manager to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club • • • City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Special Projects Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 13, 2006 REQUESTED ACTION: Council authorize the City Manager to execute an Amendment to the Management and Concession Agreement with the Beaumont Yacht Club. 0 RECOMMENDATION Administration recommends amending the 1998 Management and Concession Agreement with the Beaumont Yacht Club to address the losses caused by Hurricane Rita. BACKGROUND On October 1, 1998 the City entered into a Management and Concession Agreement with the Beaumont Yacht Club (BYC) for its continued operation of the City's public marina. The marina is located on approximately 30 acres of city -owned riverfront property north of Interstate 10. The City invested about $1,000,000 in marina improvements in 1999, bringing past and present investment to just over $1,500,000. Because the facilities are income producing, the City was to recover its investment from the BYC. A payment schedule was established that provided monthly installments over a 15 -year term from BYC's operating revenues. Timely payments were made until September 2005. On September 24, 2005 Hurricane Rita hit the Beaumont area and caused extensive damage at the marina. The damage was almost exclusively to 73 uninsurable older storage stalls, which happened to generate considerable income for the BYC. There was no loss to the newer facilities - docks, wet storage, dry storage building — which are of high value and completely insured. City staff has applied for FEMA assistance, but there are no cost-efficient means to rebuild the destroyed dry - storage stalls with federal funds and meet the mitigation requirements. Therefore, the subsequent economic recovery for this loss will be directed to another eligible project, except for the funding to clean up the property. Amendment to BYC Management and Concession Agreement April 13, 2006 Page 2 The current Agreement requires payments of approximately $11,200 per month. Because of the loss of a considerable amount of its income, the BYC payment capacity has been significantly reduced. To remain viable, the BYC is requesting an amendment to the existing Agreement in which the monthly installments would be reduced to $7,500. Given existing conditions, amending the Agreement to provide for payments of $7,500 per month, effective January 1, 2006 through June 30, 2015 when the current Agreement expires, seems prudent. Staff is also proposing that this action bring the Yacht Club current and that credit against the monthly payment be given for clean up expenses incurred by the Yacht Club, which are ultimately covered by FEMA. This action will assist and serve the needs of both the BYC and the City. The remaining terms and conditions of the Agreement will remain unchanged. BUDGETARY IMPACT There is no substantive budgetary impact created by this action. PREVIOUS ACTION City Council approved the existing Management and Concession Agreement with the Beaumont 41 Yacht Club on September 22, 1998 by Resolution No. 98-261. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager. 0 • RESOLUTION NO. WHEREAS, by Resolution No. 98-261 dated September 22, 1998, City Council approved the existing Management and Concession Agreement with the Beaumont Yacht Club for its continued operation of the City*s public arena; and WHEREAS, said agreement established monthly installments of $11,200 per month over a 15 -year term to be paid by the Beaumont Yacht Club to the City of Beaumont; and WHEREAS, the Beaumont Yacht Club made timely payments to the City of Beaumont until September, 2005, when Hurricane Rita caused extensive damage to the marina resulting in a considerable loss of income by the Beaumont Yacht Club resulting in reduced capacity to make payments. NOW, THEREFORE, BE IT RESOLVED 0 BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an amendment to the Management and Concession Agreement with the Beaumont Yacht Club reducing its monthly installments to $7,500 per month effective January 1, 2006 through June 30, 2015. BE IT FURTHER RESOLVED THAT this action will bring the Beaumont Yacht Club current in its payments and that credit against the monthly installment will be directed to cleanup expenses incurred by the Beaumont Yacht Club. 2006. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - April 25, 2006 Consider approving a one (1) year contract for the purchase of corrugated polyethylene pipe for use in the Public Works Department 0 • City of Beaumont M ML Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council approval of a one (1) year contract for the purchase of corrugated polyethylene pipe. RECOMMENDATION Administration recommends award of a contract for purchasing corrugated polyethylene pipe to Coburn Supply at the unit costs reflected in the attached bid tabulation. BACKGROUND The contract specifies that the successful bidder shall provide approximately 12,400 feet of various size corrugated polyethylene pipe at fixed unit costs for one (1) year from date of award for use by the Public Works Department, Streets and Drainage Division. The total estimated expenditure is $164,710 for the contract period. The award is to the overall low bidder and not the low bidder per item in order to streamline the procurement process for the user department. This will eliminate complications which could arise from a multiple vendor award. The pipe is utilized by the Streets and Drainage Division to replace driveway culverts during cleanout of City ditches. Existing pipe which is damaged, improperly sized, or not set at correct grade is replaced as needed. Fifteen (15) vendors were notified with seven (7) submitting bids as reflected in the attached bid tabulation. The product bid by Coburn Supply has been utilized previously and meets specifications set forth in the bid. BUDGETARY IMPACT Funds are available for this expenditure in the Streets and Drainage Division's operating budget. Annual Contract for Corrugated Polyethylene Pipe April 18, 2006 Page 2 PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Public Works Director. is • W CL K W Wz W J x W J O A 0 a W Q o N O O V N O O M U. _ Hv v� �a z y- za O� V CO) a�M Z H c z Cl) ed CD LL 00 *I-- . . c!) w Z Lu m Qac �0z coo a a @ 0000000 99999000 00000000* CLX -0r MN(6r,Or,: i� 1 7 �- U) �iNL6P-: 69 M � � � 69 O 61. 69 69 69 (a o t�tj O e�- Q - a�0 d 0M.-.M";t - Q� O Z O(DMr} NOO 0�COMd•� M In (D e e 1- 0 6464 64 .-N M t- ON1- O � CD O CO M 1� I o1 -TM W � 6R E9 EA N M E9 69 69 64 00000 0 0 0 0 0 0 0 0 00 � O IT LO N N 0 O X H 64 6q 609 64 OL NHCoe) 0O6M�ft,OP':L6 !r C", 00000008 O O O cn LO N CO 69 Cl) - �- 6900 69 64 69 69 n U) (D CD It O LO N N o >, C L M Q M 114i � to to 'T M N M f` O t` N C C1 X 00 H r` N 6� M 64 00O 69 69 69 69 69 0 N N C fN 3 (O (D OJM = O O 0696AW.-N L J d T O to tl0 � OR 1` T r CD Cf) (O(DTTtiM M0 CLN 63 EA fA 69 0 0 0 0 0 0 0 > 0 0 0 0 0 0 0 _Q- LO00NlOONIT W 4 X(D 0aOstcDv_ Ln- �t�Vol MCV Mr- OI - N a)HM p E9 M T r T if-? 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O o 0 0 0 0 0 O O O O O O O p 000(Acn00o o ctotiNd Op Q OL M (�pONO0o0tO�p OC6C6 4 000P.MCCL 7X0w'69 Ce) T�-69Mp 64 (A 69 69 EA O °6~� T� O CL M 0gtmLO000 mLr) 00(DI-N d N6 � 00ML6t�N O Tt` M 0 6% EA 64 - N M to D w 64 64 64 613 a`) CL I i OCAS Z aL-a-ca'aa "a "aaoiULL y a a 0000000 OOOCOCDNN .- CD N � v(DF- .- RESOLUTION NO. WHEREAS, bids were received for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division; and, WHEREAS, Coburn Supply of Beaumont, Texas, submitted a bid in the unit amounts shown below for an estimated amount of $164,710: perfoot total $3.86 $3,860.00 $5.41 $32,460.00 $6.86 $13,720.00 $11.72 $17,580.00 $21.10 $10,550.00 $36.70 $7,340.00 $66.00 $79,200.00 TOTALI $164,710.00 ; and, 0 WHEREAS, City Council is of the opinion that the bid submitted by Coburn Supply of Beaumont, Texas, should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Coburn Supply of Beaumont, Texas, in the unit amounts shown above for an estimated amount of $164,710 for a one (1) -year contract for the purchase of corrugated polyethylene pipe for use by the Public Works Department, Streets and Drainage Division be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, 2006. 0 - Mayor Guy N. Goodson - April 25, 2006 Consider authorizing an interlocal agreement for the purchase and installation of traffic signal retrofits 1] MAW r 1 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Brenda Beadle, Purchasing Manager MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 19, 2006 REQUESTED ACTION: Council consider authorization of an interlocal agreement for the purchase and installation of traffic signal retrofits. RECOMMENDATION Administration recommends the authorization of an interlocal purchasing cooperative agreement with the City of Garland, Texas for the purchase and installation of traffic signal retrofits for the unit prices indicated below from Republic Electric of Colleyville, Texas. BACKGROUND The City of Garland has awarded a contract to Republic Electric in compliance with bidding requirements of the State of Texas to provide and install traffic signal retrofit equipment. Terms and conditions of the contract extend prices and volume discounts to other governmental entities as permitted under Chapter 791 of the Texas Government Code. Participation in the contract requires a joint purchasing interlocal cooperative agreement between the governmental entities. A copy of the agreement is attached for review. Many traffic signals in Beaumont currently operate incandescent lamps. The Transportation Division has been replacing damaged and inoperable incandescent signal heads as needed with new signal heads that use Light -Emitting Diode (LED) technology. LED lamps dramatically reduce power consumption by burning brighter using less power than an incandescent lamp. LED lamps also reduce maintenance costs because they have an average life span of ten (10) years, whereas a typical incandescent lamp has an average life span of only one (1) year. The traffic signal LED retrofit components offered by Republic Electric convert existing signal heads from incandescent to LED lamps without the expense of replacing the entire signal head. Under the Interlocal Agreement with City of Garland April 19, 2006 Page 2 terms of the contract, Republic Electric offers the following prices to provide all labor and equipment required to install the LED retrofit components: LED Retrofit Component LED Retrofit Component :=::] 12" Red Ball $58.50 / each 12" Red Arrow $59.95 / each 12" Yellow Ball $71.16 / each 12" Yellow Arrow $61.25 / each 12" Green Ball $100.75 / each 12" Green Arrow $81.Beach BUDGETARY IMPACT Funding will be provided $216,859.27 PREVIOUS ACTION None. SUBSEQUENT ACTION None. by a lease purchase agreement in the amount of approximately RECOMMENDED BY City Manager and Public Works Director. 0 GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT This agreement made and entered into this day of , 20 , by and between (hereinafter called "THIS GOVERNING BODY") and other governmental entities as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 0 GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT EXECUTED hereto on the day and year first above written. CITY OF GARLAND, TEXAS Aw TITLE: CITY OF GARLAND, TX 75046-9002 0 TITLE: CITY OF BEAUMONT, TX 77704 is RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager is hereby authorized to execute an interlocal purchasing cooperative agreement with the City of Garland, Texas to enable the purchase and installation of traffic signal retrofits forthe unit prices indicated belowfrom Republic Electric of Colleyville, Texas: LED Retrofit Component 12" Red Ball $58.50 / each 12" Red Arrow $59.95 / each 12" Yellow Ball $71.16 / each 12" Yellow Arrow $61.25 / each 112" 12" Green Ball $100.75 / each Green Arrow $81.27 / each 2006. • • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - April 25, 2006 Consider approving a request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel 0 City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel. RECOMMENDATION The Administration recommends approval of the request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel. BACKGROUND Patricia A. Hotalen, the property owner, is requesting an HC -L (Historic Cultural -Landmark Preservation) Designation for the house at 2106 Hazel. The residence was built in 1907 by T.V. Smelker. Mr. Smelker was a partner in several prominent real estate and insurance companies in Beaumont in the early 1900's. The house was designed by Henry Conrad Mauer who was a prominent architect in Beaumont in the early and mid 1900s. Mr. Mauer's work influenced the development of Beaumont in the early oil boom days by designing numerous mansions such as the McFaddin-Ward House, Weiss House, C.T. Heisig House, Hinchee House, Chambers House and a number of public buildings. The residence exhibits distinguishable Victorian or Neo -Colonial characteristics. Architectural elements significant to the early 1900 period residence are the gingerbread, columns, siding, Palladian window, numerous large windows, porch, tile roof and servants quarters/carriage house. The Smelkers made major changes to the house in 1929. While the house is nearly 100 years old, it still exists much like when the Smelkers owned it. It has not undergone significant structural changes since the 1920s. All of the house's additions and modifications were made in the early 1900s by the Smelkers. • The house is listed in the 1990 SPARE Beaumont survey and is considered a contributing structure to the Oaks Historic District. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 10, 2006, the Historic Landmark Commission voted 8:0 to approve the request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel. At a Joint Public Hearing held April 17, 2006, the Planning Commission voted 9:0 to approve the request for an HC -L (Historic Cultural -Landmark Preservation) designation for the house at 2106 Hazel. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, Historic Landmark Commission, City Manager, Public Works Director and the Planning Manager. E • 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 ESTABLISHING AN HC -L (HISTORICAL -CULTURAL LANDMARK PRESERVATION) DESIGNATION FOR PROPERTY LOCATED AT 2106 HAZEL, 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 establishing an 0 HC -L (Historical -Cultural Landmark Preservation) Designation for property located at 2106 Hazel, being Lot 1 and the east 37' of Lot 2, Block 34, McFaddin 2nd Addition, City of Beaumont, Jefferson County, Texas as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, 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 of 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 ord p 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. 2006. • PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - i li /s i k I /r is a �> w ! of : st sJ es let I ♦ s 4 s J let. �0 3t�.1 ISO I M fay File 49 -HC: Request for a Historic -Cultural Landmark Preservation Designation. Location: 2106 Hazel Applicant: Patricia A. Hotalen /♦ A E I� {ASHLEY AVE. sa/ W . . . . . . 3C �1J It II q ♦ ♦ r if d • ! t l i . /J /+ i .A „ Sp t/ tf u r. Z$ ti LONG AVE. ,HARRISON AVE. LEON 50 is is 7 f ssv • 30 i . /J /+ i .A „ Sp LONG AVE. ,HARRISON AVE. HAZEL AVE. . 31 50 is is 7 0 Jf /J /+ ;7 ,• „ t0 t/ tf u r. Z$ ti 4J so HAZEL AVE. . 31 50 is is 7 0 4J 6 v ' ♦ n .. NORTH ST. -01 1 , I -- c' a0 EXHIBIT "A" April 25, 2006 Consider approving a request to abandon a 60' x 274' portion of Porter Street between Hemlock and Sycamore • 0 0V~ City of Beaumont qw_ 1 .. LJ71J Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council consider a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore. RECOMMENDATION The Administration recommends approval of the request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore. BACKGROUND Willie D. Brown, the applicant and an adjacent homeowner, is requesting an abandonment of a 60' x 274' portion of Porter Street. This part of Porter Street is located east of Hemlock and west of Carroll Street. The subject property is landlocked right-of-way that was never developed as a street. According to Mr. Brown, the right-of-way is filled with trees uprooted by Hurricane Rita, debris and trash that is hazardous to the surrounding properties. This item was sent to all interested parties. No negative responses were received. BUDGETARY IMPACT None. PREVIOUS ACTION At a Regular Meeting held April 17, 2006, the Planning Commission voted 9:0 to approve a request to abandon a 60'x 274' portion of Porter Street between Hemlock and Sycamore. SUBSEQUENT ACTION None. RECOMMENDED BY Planning Commission, City Manager, Public Works Director and the Planning Manager. ORDINANCE NO. ENTITLED AN ORDINANCE ABANDONING A 60 x 274 PORTION OF PORTER STREET BETWEEN HEMLOCKAND SYCAMORE IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60 x 274 portion of Porter Street between Hemlock and Sycamore, beginning at the southwest corner of Lot 7, Block 3, and the northwest corner of Lot 1, Block 4, Clay Morris Addition and extending in an easterly direction for a distance of 274', City of Beaumont, Jefferson County, Texas, containing 0.377 acres, more or less, as shown on Exhibit"A" attached hereto, be and the same is hereby vacated and abandoned. 2006. • 0 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - f M tz �6 --4f�E AN ` 7-112 \ N SO 37 3AB SO f'O h ,0 v File 691 -OB: Consider the abandonment of a 60' a 274' portion of Porter Street. NORTH Location: Porter Street between Hemlock and Sycamore Applicant: Willie Brown At SCALE 1"=100' I 8 3 01RD L rELY Is T, ' 44 'S� 3A ti 62.77 .T 8 9 !0 !/ ' 12 38 . 30 e a 4 h eo v _ .to.P RT R 3 00- ., .. ., I! " ,• 57.76 , Q } r 6 20 ZD Z P8 30 33 6 5 6 6 6 6 6 6 / 654 2.1 O PO T • 4 5 Q9 27-97 27 j/ 149.525 40.. q �v �� 13 2 -3 ; 49 0 51 52' 53 .29 Q' p` . I~ l 4 4 1 �Q 9 �} �c O .31 -3,11274 T.4 44 14 5 l5 a r ll �rN ! _ 48 47 4645 4.4 4 6 7 8 6 l0. i 16 6 30 116 47. /2 r 50 50 ' 50 50 41 �. SO 60. 50 a // /i /i a �O' 40' 33 11 33' I 5133 �{ icep / 2 3 4 5 3 6 7' 8 '9,. in DO 1GE TE 5d 140' 33''3 to rz,. 1'7' fc DOUC&TE AVE. �� L0 / 5� 50 V ./ N �/ SC1' '14' 5p• not �n ti wa •J EXHIBIT "A" �� • Consider approving a settlement agreement with CenterPoint Energy • 0 April 25, 2006 • 1 f City of Beaumont .`IL Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 20, 2006 REQUESTED ACTION: Council approval of a Settlement Agreement with CenterPoint Energy. RECOMMENDATION Administration recommends the approval of a Settlement Agreement with CenterPoint. BACKGROUND CenterPoint filed a Statement of Intent with the City on June 30, 2005. CenterPoint maintained that the City should grant the increase as previously ordered by the Railroad Commission for its customers in the unincorporated areas. This was the first time a gas utility had filed a rate increase request at the Railroad Commission for the unincorporated areas prior to filing such a request with the municipalities in its service territory. The Railroad Commission order was issued without any interventions and without any testimony being filed other than CenterPoint's testimony. The City of Beaumont is part of a coalition of cities known as the Alliance of CenterPoint Municipalities ("ACM"). The ACM Cities maintained that CenterPoint failed to publish notice of its increase in rates as required by statute. The ACM Cities ordered CenterPoint to properly publish notice of its increase in rates as required by law. CenterPoint failed to comply with these orders. CenterPoint filed an updated rate filing package. CenterPoint refused to answer any discovery about the updated rate filing package even though ordered to do so by the ACM Cities. On November 3, 2005, CenterPoint implemented its increased rates Statement of Intent. The ACM Cities ordered CenterPoint to cease and desist from charging the higher rates. The cease and desist ordinances were appealed by CenterPoint to the Railroad Commission. CenterPoint claimed that it had the right to impose higher rates by operation of law — after the expiration of 125 days — because the ACM Cities had not taken final action on its rate request. The ACM Cities asserted that CenterPoint could not implement higher rates — even by operation of law — without first providing public notice. SETTLEMENT AGREEMENT Just a few days before the start of hearings at the Railroad Commission the Settlement Agreement was hammered out. Without a settlement it was obvious that the losing party would appeal the Commission decision. It is quite likely that the appeal would not be exhausted for at least three years. The outcome of an appeal could not be known with 100% certainty. In light of this uncertainty, the Settlement Agreement is being brought to the Council for your consideration. The highlights of the Settlement Agreement are set forth below. Rate Reduction The customer charge for residential customers is being reduced by $9.00 per year. Protection Against Rate Increases CenterPoint cannot raise base rates for any purpose over the next three years. This means CenterPoint cannot raise rates due to any cost increases, including cost increases resulting from: (a) hurricanes or weather events; (b) inflation or escalation in the cost of goods or services; (c) escalation in the cost of labor or benefits; and (d) the cost of the installation, relocation or replacement of pipes. File With the Cities First After the expiration of the three-year rate freeze, CenterPoint can only raise base rates if it first files with the ACM Cities. CenterPoint will not be permitted to file at the Railroad Commission for a rate increase in the unincorporated areas before it files with the ACM Cities. Public Notice Must be Specific and Meaningful CenterPoint will not be allowed to file a general rate case without publishing notice in a manner that is very similar to the public notice requirements set forth by the ACM Cities in the "interim order" ordinance. The public notice will have to be in a local newspaper. See Exhibit D. The notice will be conspicuous and give detailed information about the increase in rates. All Rate Case Expenses Will be Borne by Shareholders The rate case related expenses of CenterPoint and the expenses of attorneys and consultants for the ACM Cities, up to $230,000, will be borne by shareholders. This means that none of these costs will be borne by the ratepayers of CenterPoint. Payment for Other Claims CenterPoint has agreed to pay the ACM Cities the sum of $414,000 for "other claims." This sum will be distributed to the ACM Cities to be used as directed by the individual city councils for the benefit of their citizens. BUDGETARY IMPACT PREVIOUS ACTION Executive Session 3/21/06 3/28/06 4/04/06 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney • 0 RESOLUTION NO. A RESOLUTION BY THE CITY OF BEAUMONT, TEXAS ("CITY") TO ADOPT A SETTLEMENT BETWEEN THE CITY AND CENTERPOINT ENERGY ENTEX ("CENTERPOINT") WITH REGARD TO CENTERPOINT'S STATEMENT OF INTENT TO INCREASE RATES WHICH WAS FILED ON JUNE 30, 2005 AND LATER UPDATED; DETERMINING THATTHIS RESOLUTION WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; AND DECLARING AN EFFECTIVE DATE WHEREAS, on June 30, 2005, CenterPoint filed a Statement of Intent to Increase Rates with the City which it later updated with a four volume filing; and, WHEREAS, CenterPoint implemented its Statement of Intent to increase rates on November 3, 2005; and, WHEREAS, the City contested the legality of CenterPoint's implementation of its Statement of Intent to Increase Rates; and, WHEREAS, the City ordered CenterPoint to cease and desist the charging of the higher rates; and, WHEREAS, CenterPoint appealed the City's orderto cease and desist charging the higher rates to the Railroad Commission of Texas; and, WHEREAS, CenterPoint appealed to the Railroad Commission similar orders by 20 cities that comprise, along with the City of Beaumont, the Alliance of CenterPoint Municipalities ("ACM"); and, WHEREAS, the litigation involving the ACM Cities and CenterPoint over the legality of CenterPoint's rate increase could continue at the Railroad Commission and through the Texas district and appellate courts for up to four years; and, • WHEREAS, the outcome of the litigation between CenterPoint and the ACM cities 0 over the legality of CenterPoint's rate increase could not be predicted with complete 9 accuracy; and, WHEREAS, the Settlement requires that CenterPoint provide detailed and complete notice in a local newspaper of any proposed increase in base rates; and, WHEREAS, the Settlement prohibits any possibility of an increase in gas rates for the next three years due to changes in costs for non -fuel related expenditures, including any expenditures for additional pipelines or the relocation or replacement of pipeline facilities; and, WHEREAS, the Settlement provides for a nine dollar a year reduction in the customer charge for residential customers; and, 9WHEREAS, the Settlement provides that after the three-year rate freeze expires, CenterPoint will not file for an increase in base rates in the unincorporated areas of the Railroad Commission before it files with the City for an increase in base rates; and, WHEREAS, the Settlement provides that legal and/or consultant expenses of the ACM Cities, up to $230,000, will be borne by CenterPoint's shareholders, not its ratepayers; and, WHEREAS, the Settlement provides that CenterPoint's rate case expenses before the ACM Cities or at the Railroad Commission related to its efforts to implement its Statement of Intent to increase rates will be borne by CenterPoint's shareholders, not its ratepayers; and, WHEREAS, the Settlement provides that the ACM Cities will be paid the total of $414,000 to settle all other outstanding claims against CenterPoint, which money will be 0 distributed to the ACM Cities to benefit the public as determined by the respective ACM City Councils; and, WHEREAS, the Settlement as a whole is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: SECTION 1. The statements set forth in the preamble are adopted as statements of fact. SECTION 2. The City Council finds that the Settlement Agreement, including the attached exhibits , is in the public interest and is hereby adopted in all respects. SECTION 3. The City Council finds that to the extent that any ordinances or resolutions previously adopted by the Council are inconsistent with the Settlement, they are repealed. SECTION 4. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. 04171101 SECTION 5. This resolution shall become effective from and after its passage. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of April, - Mayor Guy N. Goodson - ATTEST: City Clerk APPROVED AS TO FORM City Attorney • 0 mm April 25, 2006 PUBLIC HEARING: Dangerous Structures Consider approval of an ordinance declaring certain structures to be dangerous structures and ordering their removal within 10 days or authorizing the property owner to enroll the dangerous structure in a work program 0 • • City of Beaumont 7LJ71i Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: April 25, 2006 AGENDA MEMO DATE: April 18, 2006 REQUESTED ACTION: Council, after conducting a public hearing, consider an ordinance to declare the following thirty-nine (39) structures to be dangerous structures and order the owners to raze said structures within ten (10) days. If the property owner fails to comply within ten (10) days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. 1. 250 E. Alma (1) 11. 770 Elgie and Garage (3) 2. 1055 Ashley 12. 545 Euclid (Garage Apartment) 3. 3440 Betty 13. 1995 Fillmore (1) 4. 6240 Bigner Rd. & Shed (2) 14. 850 S. 4" Street (Commercial) 5. 2510 Calder (Commercial) 15. 1058 Fulton Avenue 6. 8795 College (Commercial) 16. 495 E. Gill and Shed 7. 8795 College (Trailer) 17. 515 E. Gill and Shed 8. 4423 Dallas & Sheds 18. 595 E. Gill 9. 570 Delaware 19. 605 E. Gill 10. 811 Doucette (Garage Apartment) 20. 3390 Glenwood Avenue (#) Indicates number of times structure has been enrolled in work program. • (Continued) 21. 3360 Grand 31. 2485 Monroe (2) 22. 2520 Gulf (Commercial/Church) 32. 1822 Nora 23. 3270 Gulf 33. 1895 Nora 24. 3180 Highland Avenue 34. 2105 Nora 25. 550 Jeanette 35. 3173 Prairie 26. 795 Jeanette 36. 460 San Jacinto 27. 1545 Liberty 37. 2290 Taylor (1) 28. 3139 Magnolia (Garage Apartment) 38. 1175 Tulane (Garage Apartment) 29. 4024 Magnolia (1) 39. 5470 Tyrrell Park Road 30. 280 Manning (#) Indicates number of times structure has been enrolled in work program. RECOMMENDATION Administration recommends City Council condemn these thirty-nine (39) structures and order the owner to raze within ten (10) days. Additionally, if the property owner of a structure requests and is authorized by City Council to enroll in a work program, all delinquent taxes shall be paid in full or a payment plan has been established prior to the enrollment in the work program. Enrollment in the work program shall occur within ten days after the effective date of this ordinance. BACKGROUND It has been determined that these structures meet the definition of a dangerous structure and have deteriorated to a condition that they are no longer considered suitable for repair. BUDGETARY IWACT City may incur the cost of demolition. PREVIOUS ACTION These structures have been inspected by the Building Codes Division and found to be dangerous structures as defined by the City of Beaumont's Code of Ordinances, Article III, Dangerous Structures, Section 14-50. SUBSEQUENT ACTION Building Codes Division will demolish or cause to be demolished said structures. RECOMMENDED BY City Manager, Public Works Director and Building Official. is 0 ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AND/OR REPAIR; PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That the City Council of the City of Beaumont hereby finds and declares the buildings located at: 1. 250 E. Alma 21. 3360 Grand 2. 1055 Ashley 2. 2520 Gulf Commercial/Church 3. 3440 Betty 3. 3270 Gulf 4. 6240 Bi ner Rd. & Shed 24. 3180 Highland Avenue 5. 2510 Calder Commercial 5. 550 Jeanette 6. 8795 College Commercial 6. 795 Jeanette 7. 8795 College Trailer 7. 1545 Liberty 8. 4423 Dallas & Sheds 28. 3139 Magnolia (Garage Apartment) 9. 570 Delaware 29. 4024 Magnolia 10. 811 Doucette (Garage Apartment) 30. 280 Manning 11. 770 EI ie and Garage 31. 2485 Monroe 12. 545 Euclid (Garage Apartment) 32. 1822 Nora 13. 1995 Fillmore 33. 1895 Nora 14. 850 S. 4 Street Commercial 34. 2105 Nora 15. 1058 Fulton Avenue 35. 3173 Prairie 16. 495 E. Gill and Shed 36. 460 San Jacinto 17. 515 E. Gill and Shed 37. 2290 Taylor 18. 595 E. Gill 38. 1175 Tulane (Garage Apartment) 19. 605 E. Gill 39. 5470 Tyrrell Park Road 0. 3390 Glenwood Avenue to be public nuisances in that said buildings violate Chapter 14, Section 14-50 of the Code of Ordinances of the City of Beaumont and are for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property. Section 2. In accordance with Article XVII, Section 2, of the Charter of the City of Beaumont, Section 14-52 of the Code of Ordinances of Beaumont, Texas, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within ten (10) days of the effective date of this ordinance. 1. 250 E. Alma 21. 3360 Grand 2. 1055 Ashley 22. 2520 Gulf Commercial/Church 3. 3440 Betty 3. 3270 Gulf 4. 6240 Bi ner Rd. & Shed 24. 3180 Highland Avenue 5. 2510 Calder Commercial 25. 550 Jeanette 6. 8795 College Commercial 6. 795 Jeanette 7. 8795 College Trailer 27. 1545 Liberty 8. 4423 Dallas & Sheds 28. 3139 Magnolia (Garage Apartment) 9. 570 Delaware 29. 4024 Magnolia 10. 811 Doucette (Garage Apartment) 30. 280 Manning 11. 770 EI ie and Garage 31. 2485 Monroe 12. 545 Euclid (Garage Apartment) 32. 1822 Nora 13. 1995 Fillmore 33. 1895 Nora 14. 850 S. 4111 Street Commercial 34. 2105 Nora 15. 1058 Fulton Avenue 35. 3173 Prairie 16. 495 E. Gill and Shed 36. 460 San Jacinto 17. 515 E. Gill and Shed 37. 2290 Taylor 18. 595 E. Gill 38. 1175 Tulane (Garage Apartment) 19. 605 E. Gill 39. 5470 Tyrrell Park Road 0. 3390 Glenwood Avenue If the property owner(s) fail(s) to comply within ten (10) days, Council orders that the property be demolished without further notification to the property owners or City 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 25th day of April, • - Mayor Guy N. Goodson - 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT' 1. INITIAL INSPECTION DATE March 18, 2004 WARD 4 ADDRESS OF INSPECTION 250 E. Alma OWNER Charles Daniel Bradford ADDRESS 250 E. Alma CITY/STATE (05)-2508 APPRAISAL VALUE Land Value 3180 Improvement Value 4910 Total Value 8090 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 03/31/04' thru>07/31/04 E. Delinquent' taxes are due in the amount of $596.52. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and a complete new roof will be needed. There are large holes in the roof which has allowed extensive water damage to the interior of the structure. All damaged or rotten windows and window sills will need to be replaced. Some of the windows are broken out. The exterior doors need to be replaced. There is possible termite damage to the structure. The foundation has rotten sills. The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceilings have collapsed from the water damage. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There are some abandoned travel trailers in the rear of the property. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 �m 7,1 4 , 7,1 u y, 'I 4 " y re d No Text • U " 00, li , « +�' M-W M p a l Hca' it , aa" �44 r 0 • • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 17, 2005 WARD 3 ADDRESS OF INSPECTION 1055 Ashley OWNER Johnnie Mae Thomas ADDRESS 3266 Case Street CITY/STATE (03)-3608 APPRAISAL VALUE Land Value 1960 Improvement Value 12210 Total Value 13170 A. Fiftv (50) percent deterioration of non -supporting members? YES X NO Q. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 53,603.36. 2_ MAJOR CODE VIOLATIONS: The roof on this structure is deteriorated and some shingles are missing. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior of the structure due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. The exterior doors need to be replaced. There is possible termite damage to the structure. The foundation has rotten sills. The interior flooring. ceilings and walls are damaLyed and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and beim vandalized. People go in and out and there is illegal activity taking place. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS AH IHSV SSOi • wiffillm ,owe* Y� ;4 .'•- s, Ul r °1 • • 0 fir. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 3. INITIAL, INSPECTION DATE Sel)tember 14.2004 WARD 3 ADDRESS OF INSPECTION 3440 Bettv OWNER Secretary of H U D c/o First Preston Foreclosure SPC ADDRESS 5040 Addison Cir STE 300 CITY/STATE Addison, Tx. 75001-3351 APPRAISAL VALUE Land Value 2650 ImproNement value 46130 Total Value 38780 A. Fifty (50) percent deterioration of non -supporting members? YES x NO B. Thirty-three (33) percent deterioration of supporting members? YES x NO C. Fire damaged? YES NO X D. Enrolled in Worl, Repair Program? YES NO X MAJOR CODE VIOLATIONS: It appears that some work has been done on this structure but without beim enrolled in a work program nor having permits The property has been cleaned up The roof on this structure was deteriorated in the rear section as was noted on the initial inspection. There was water damage to the interior of the structure due to the condition of the rear portion of the roof. All damaged screens will need to be replaced. The carport suumort post is damaged. The exterior back door was replaced re vent cover to the attic is missing. The interior flooring, ceilings and walls are damaged and will need to be repaired. The flooring is damaged in the kitchen and the ceiling has missing sheetrock All damaged electrical wiring and electrical fixtures will need to be replaced Plumbing problems were noted at the first inspection. A note was left by Fidelity National Field Services to not use the plumbing system Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50'% of its aI_praised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS 0 WIVE A11:49 0 0 0 E E All 0 0 0 No Text R �, F'h � Wim• �W , ow i u �.. 16 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE July 12, 2004 WARD ADDRESS OF INSPECTION 6240 Bigner Road and Shed 3 OWNER Oliver Barnett ESTATE c/o Cora E. Thomas ADDRESS 6414 Bluestone Drive CITY/STATE Houston, Tx. 77016 APPRAISAL VALUE Land Value lmprovement Value Total Value 2500 9900 12400 A. Fifty (50) percent deterioration of non -supporting members? D. Thirty-three (33) percent deterioration of supporting members? C. Fire damaged? D. Enrolled in Work Repair Program'? E. Delinquent taxes are due in the amount of 5975.52. EF YES X NO YES X NO YES X NO YES X NO 08/02/04 thru 12/02/0.1 04/14/05 thru 07/14/05 MAJOR CODE VIOLATIONS: There is extensive fire damage to the rear of this structure. The roof is deteriorated and there is a hole in the rear vortion of the structure. The rafters and fascia boards are damaged in the rear. There is water damage to the interior due to the condition of the roof. All damaged loor rotten windows and window sills will need to be replaced. Some of the windows are broken out. The exterior doors need to be replaced. The foundation is deteriorated. The interior flooring, ceilings and walls are fire damaged and will need to be repaired. There is smoke damage throughout the structure. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and it appears that the homeless are sleeping inside. There is also a shed on the property that has been red -tagged as substandard. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50`% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • r� U • FRONT VIEW OF SHED REAR VIEW OF SHED No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE November 10, 2004 WARD ADDRESS OF INSPECTION 2510 Calder (Commercial) OWNER Gene Eddie Bates ADDRESS 52 N 7"' St. t CITY/STATE (02)-2439 APPRAISAL VALUE Land Value o tin proyement Value 18750 Total Value 18750 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X 5. NI AJOR CODE VIOLATIONS: The roof on this commercial structure is deteriorated. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior of the structure due to the condition of the roof. The exterior doors need to be replaced. The inspection was viewed through the windows in front. There is mold and mildew throughout. The interior flooring, ceilings and walls are water damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The door is open to the wash rack and it appears people are going in and out and possibly sleeping inside. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • �J 0 0 2510 CALDER :ESC Ji: • 0 • l 1, r r'.1 i1 • 0 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 6' INITIAL INSPECTION DATE October 4. 2005 NVARD 2 ADDRESS OF INSPECTION 879-5 College (Commercial) OWNER S. G. Leslie c/o Chervle Sullivan ADDRESS I06I0 Red Oak Ln CITY/STATE (05)-8982 APPRAISAL VALUE Land Value 9020 Improxement Value 5240 Total VaInC 14260 A. Fifth(50) percent deterioration of non -supporting; members? YES X NO B. Thir(N-three (33) percent deterioration of supporting members? YES X NO C. Fire damaued? YES NO X 1). Enrolled in Work Repair Program? YES NO X E. Taxes are due for 2005 in the amount of 5473.32. MAJOR CODE VIOLATIONS: The metal roof on this commercial structtu-e was blown off during Hurricane Rita The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior of the structure due to the missing roof. There is missing exterior metal all over the building due to the storm winds The interior flooring, ceilings and walls are dammed and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its amwaised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS C1 • e 9 g'� M795 COLLEGE Mai 08.02.200 4V '44 C Mu TRAILER ABANDON @ 8795 COLLEGE 0 0 0 .�._ , �:�:r, k . �� } ..� Fes; ,. �. � .. � � ...� �. �`,.. • top_ 'All 1w. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 7_ INITIAL INSPECTION DATE October 4, 2005 WARD ADDRESS OF INSPECTION 8795 College (Commercial/Trailer) OWNER S. G. Leslie c/o Chervle Sullivan ADDRESS 10610 Red Oak Ln CITY/STATE (05)-8982 APPRAISAL VALUE Land Value 9020 Improvement Value 5240 (This trailer was placed on property prior to Hurricane Rita) Total Value 1.1260 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Taxes are due for 2005 in the amount of $473.32. MAJOR CODE VIOLATIONS: This trailer was abandoned on this property iust prior to Hurricane Rita. The trailer was entirely destroyed by the storm. The roof is completely missing and the trailer is lag on its side. The owner of this property does not know where the trailer came froin. Based on the extensive Orepairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recominending a raze order for this structure. SEE ATTACHED PHOTOS • No Text Imp" - all a SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 8. INITIAL INSPECTION DATE August 19, 2004 WARD 3 ADDRESS OF INSPECTION 4423 Dallas Avenue and two sheds in rear ONN" NER Nelta Harris c/o Linda Harris ADDRESS 1924 Avenue H, Apt. I1 CITY/STATE Nederland, Tx. 77627 APPRAISAL VALUE Land Value 2940 ImproNrment Value 9180 Total Value 12120 A. Fifty (ill) percent deterioration of non -supporting members? YES X NO B. irtN-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X 1). Enrolled in Work Repair Program? YES NO X L. Taxes are due in the amount of 8-102.27. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and leaking and new shingles will be needed. There is water damage to the interior ceiling of the structure due to the condition of the roof. The exterior doors need to be replaced. The back door has been busted open. The exterior siding is rotted. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The backyard is very overgrown. There is also two funk motor vehicles on this property. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50(%) of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • • I� U 4423 DALLAS �.;sY Ir"° ISI � �� -..� .ey`� � � � „�, • � _, �. .. .�, _ .. i �� w :.., ,+� � � .v '� I�Jf e# �T .„ _ ..�x ,� �p s ,_ �� .N. v t � f �- ,�• . ,.� � �T r�* � �,'.m�, �� _. "'�'�"- ,..,k ;,�. ,rix, +�R'` ;: z � �.� .. �, ,, �"" � • �. ,s �€ �►► .,,d�►.� . .. „ � r + � ..:.. ,. - .. y w � f„ r` 1 tk � d`1"�^ a i� � � � � �. "F"� � � may„ 3., n� �, t+� -.. .t r . � � � � � � Wi+w � g, A� 4 S � � '�� � Sia,"' �. i ., 7 ���: _ _ _ ��� X. �A � �M° BNB 1 `� � �`^ � a' k � .. - r. �.* .~'.�i� .. � No Text toqw am_*,qw,l No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 9' INITIAL INSPECTION DATE Julv 2, 2005 WARD ADDRESS OF INSPECTION 570 Delaware OWNER Dumas Sylvester Jr ESTATE ADDRESS 570 Delaware CITY/STATE (03)-4104 APPRAISAL VALUE Land Value 1720 linproNement Value 2860 Total Value 4580 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 5918.49. MAJOR CODE VIOLATIONS: This structure has been completed damaged by fire. There is extensive roof damage and the entire interior has been burned and charred. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to he replaced. The backyard is very overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. is SEE ATTACHED PHOTOS 3 0 � 570 DELAWARE� No Text .. 1„ df sib,• >+ l i. - yy f i 11 �.�i .w SUBSTANDARD BL�� ILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 10. INITIAL INSPECTION DATE September 22. 2004 WARD 3 ADDRESS OF INSPECTION 811 Doucette (.Garage Apartment in rear of 815 Doucette) OWNER Emmett S. Peak c/o Emmet S. Peak, Jr. ADDRESS 591 El Miraso CITY/STATE Vista, CA 92083-5901 APPRAISAL VALUE Land Value 1880 Improvement Value 11260 (Vlore than one structure on propertN) Total Value 13140 �. Fifh° (50) percent deterioration of non -supporting members? YES X NO 13. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X 1). Enrolled in work Repair Program? YES NO x E. Delinquent taxes are due in the amount of 55,556.69. MAJOR CODE VIOLATIONS: The roof on this garage apartment has extensive deterioration and a complete new roof will be needed. There are holes in the roof causing water damage to the interior of the structure. The rafters and fascia boards are rotted and will need to be replaced. All damaged or rotten windows and window sills will need to be replaced. Some of the windows are broken and missing. The exterior doors will need to be replaced. There is extensive termite damatie to the structure. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need repair. The ceilings have water damage and are collapsing. There is a hole in the flooring. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The backyard is very, overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50`%� of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 S18 do H#3« 3*133ROn 118 9 # El 0 9 yr ` wi � � 0 [a No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 11. INITIAL INSPECTION DATE October It, 2004 WARD 4 ADDRESS OF INSPECTION 770 Elgie and Garage OWNER Tim Seymour ADDRESS 2012 Park Street CITY/STATE (01)-6017 APPRAISAL VALUE Land Value 4900 Lnpru%'ement Value 15290 Total Value 20190 A. Fifth(50) percent deterioration of non -supporting members" YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program'? YES X NO 10/12/04 thru 02/12/05 E. Delinquent taxes are due in the amount of 53,468.57. Extended until 03-22-05 Extended until 06-30-05 MAJOR CODE VIOLATIONS:The roof on this structure has extensive deterioration and new shingles will be needed. The rear section of the roof, rafters and decking are damaged. The fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the condition of the roof. The exterior doors are not weather tight. The gable vent is missing. The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceiling tile has collapsed from the water damage. The owner has been enrolled in a work repair program. The electrical inspection has been finaled and he has purchased other permits but there has been no inspections or approvals. All damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and the yard is very overgrown. There is a garage in the rear with numerous tree limbs on the. roof. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50°/o of its appraised value, staff is recommending a raze order for SEE ATTACHED PHOTOS 0 kil IN "Ic rF _. oo.ot.XWA,& OC' Di • 0 • No Text 0 • M � r -VT '..a.� • r11 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 12' INITIAL INSPECTION DATE December 2, 2004 WARD 3 ADDRESS OF INSPECTION 545 Euclid (Garage Apartment) OWNER Victor Labiosa and Cary Racz ADDRESS 545 Euclid Street CITY/STATE (05)-2405 APPRAISAL VALUE Land Value 2580 ImproNement Value 27370 Total Value 30050 A. Fifty (50) percent deterioration of nun -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of SI,842.76. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior of the structure due to the condition of the roof. All damaged or rotten windows and window sills will need ,,the be replaced. The windows are broken out and missing. The side porch canopy has collapsed. The exterior doors need to be replaced. There is possible termite damage to the structure. The stairway has extensive rot and deterioration and was unsafe to enter. The foundation has major deterioration and the structure is listing. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. There are two large dogs chained to the front of the house. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50 Of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 No Text �tT i F I m SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 13. INITIAL INSPECTION DATE February 16, 2004 WARD 3 ADDRESS OF INSPECTION 1995 Fillmore OWNER Jessie Lee Freeman and Alberta A. Landry ADDRESS 3430 Saint Helena CITY/STATE (03)-3432 APPRAISAL VALUE Land Value 5000 lin proN ement Value 11350 Total Value 16350 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 11/04/04 thru 03/04/05 MAJOR CODE VIOLATIONS: The roof on this structure has been repaired but the interior still has extensive water damage caused before the roof repair. All damaged or rotten windows and window sills will need to be repaired. The windows have broken and missing glass. The back porch and steps are missing. 0, I,he exterior doors need to be replaced. There is possible termite damage to the structure. The foundation has had one sill changed but more foundation work is needed. The structure is still sagging. The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceiling tile has collapsed from the water damage and the flooring is damaged. The owner has been enrolled in a work repair program. The only permit is a building permit purchased February 24, 2005. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is secure and the inspection was viewed through the windows. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • U • -»-7 r 1LLlvl%Jn No Text No Text No Text • • L.J SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE October 28. 2005 ADDRESS OF INSPECTION 850 S. 4`" Street (Co WARD OWNER Joe Norman ADDRESS P O Box 1447 CITY/STATE Orange, Tx. 77631-1447 APPRAISAL VALUE Land Value 22030 Improvement Value 14290 Total Value 36320 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Eire damaged'? YES NO X D. Enrolled in Work Repair Program'? YES NO X 14. NIAJOR CODE VIOLATIONS: The metal roof on this commercial structure has holes and extensive damage from Hurricane Rita The parapet walls are collapsing on the sides There is water damage to the interior of the structure due to the roof damage and the broken out windows All damaged or rotten windows and window sills will need to be replaced The front windows were blown out from the storm The exterior doors will need to be replaced The interior flooring, ceilings and walls are dainaged and will need to be repaired. The exterior walls are showing stress cracks. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced There is a motor home in the rear that appears to have transients staying in it The structure is open and accessible and being vandalized Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this SEE ATTACHED PHOTOS 0 • • 0 ?5nu 3. 14 0 as. 07. ON • M� -A • 0 • 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 15., INITIAL INSPECTION DATE August 17, 2005 WARD 3 ADDRESS OF INSPECTION 1058 Fulton Avenue OWNER Arthur Guilbeaux / Mamie Lee Guilbeaux ADDRESS 1058 Fulton St. CITY/STATE (01)-7315 APPRAISAL VALUE Land Value 1370 ImproNement Value 19230 Total Value 20700 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 5170.58. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof. There is extensive damage to the carport All damaged or rotten windows and window sills will need to be replaced. There is broken glass in the windows The exterior doors need to be replaced. There is extensive rot and termite damage to the structure. The foundation is deteriorated. The interior flooring, ceilings and walls are damaged and will need to be repaired The ceiling is collapsing from water damage. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being vandalized. There is a shed in the rear that is also open and accessible Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS • • • 1058 FULTON No Text No Text � >��. \..:� //�\�\ � � /\�\ � ^ � ^ � ^ \} �/ ±-: .�.� , tJ . 2 .� . . � 2 � \�� � ` � � � � l �. }¢ f / d(|$ \ f% j$f$ .%�\\\�. 9 0 No Text Ll 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 16. INITIAL INSPECTION DATE March 30, 2005 WARD 3 ADDRESS OF INSPECTION 495 E. Gill and Shed OWNER George Victor Grant ESTATE ADDRESS 495 E. Gill CITY/STATE (03)-3207 APPRAISAL VALUE Land Vaiue 1650 lmproNement Value 12870 Total Value 14520 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program`' YES NO X E. Delinquent taxes are due in the amount of 53,798.87. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The fascia boards are rotted and will need to be replaced. There is water damage to the There is a han at is ve dammed or rotten windows and window sills will need to be replaced. There is broken glass in the windows. The exterior doors need to be replaced There is extensive rot and termite damage to the structure. The foundation is deteriorated. The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceiling is collapsing from water damage All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is oven and accessible and being vandalized. There is a shed in the rear that is also open and accessible. The property is vea overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50010 of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • • r� • 495 GILL E II a • 495 GILL E II No Text No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 17' INITIAL INSPECTION DATE March 30, 2005 WARD 3 ADDRESS OF INSPECTION 515 E. Gill and Shed OWNER Fidelity Funding Mortgage Corp ADDRESS 1219 Abrams Rd STE 320 CITY/STATE Richardson, Tx. 75081-5583 .APPRAISAL VALUE Land Value 1240 Improvement Value 17090 Total Value 18330 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program'? YES NO X E. Delinquent taxes are due in the amount of S6,914.63. MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The fascia boards are rotted and will need to be replaced. There is a tree on the rear of the ,structure.There is water damage to the interior due to the condition of the roof. The front porch and steps are very rotten. The side steps are missing. All damaged or rotten windows and window sills will need to be reblaced. The exterior siding is covering an extensive amount of deterioration. The exterior doors need to be replaced. There is termite damage to the structure. The foundation is deteriorated. The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceiling is collapsing from water damage. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its aonraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 0 I s. . . . ., 515 GILL E. � 0 A. 0 �-A � E �-. \ivw-%& a i ill . ` I =fps SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 18. INITIAL INSPECTION DATE March 30, 2005 WARD 3 ADDRESS OF INSPECTION 595 E. Gill OWNER Larry Brewer ADDRESS P O Box 62 CITY/STATE Vidor, Tx. 77670-0062 APPRAISAL VALUE Land Value 930 Improvement Value 14790 Total Value 1720 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. ThirtN-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 57,246.37. MAJOR CODE VIOLATIONS: This structure is illegally connected to 605 E. Gill. The roof on this structure has extensive deterioration and new shingles will be needed. The fascia boards are rotted and will ,need to be replaced There is water damage to the interior due to the condition of the roof. The back steps are missing; All damaged or rotten windows and windowsills will need to be replaced. The windows have broken out class. The exterior doors are missing. There is termite damage to the structure. The foundation is deteriorated The interior flooring, ceilings and walls are damaged and will need to be repaired. The ceilings and flooring have been water damaged All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and being stripped The vard is very overgrown. Based on the extensive revairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • • 595 GILL E. — a — ,""'."Wh 17 ,.i tQ- 5 �'. L: a 595 GILL E. No Text • U Li' � � �'� �,' 0 W7 e FIT ..., y,. ry r SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 19. INITIAL INSPECTION DATE March 30, 2005 WARD 3 ADDRESS OF INSPECTION 605 E. Gill OWNER Sam Charles Lavalle ADDRESS 3275 Redwood Dr. CITY/STATE (03)-2635 APPRAISAL VALUE Land Value 930 Improvement Value 14770 Total Value 1700 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged'? YES NO X D. Enrolled in Work Repair Program'? YES NO X E. Delinquent taxes are due in the amount of 57,582.12. MAJOR CODE VIOLATIONS: This structure is illegally connected to 595 E. Gill. The roof' on this structure has extensive deterioration and new shingles will be needed The fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof. The back steps *aremissing.All damaged or rotten windows and windowsills will need to be replaced. The windows have broken out glass The exterior doors are missing There is termite damage to the structure. The foundation is deteriorated. The interior flooring, ceilings and walls are damalled and will need to be repaired. The ceilings and flooring have been water damaged All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing andylumbing fixtures will need to be replaced. The structure is open and accessible and being striVped There is illegal activity taking place. The vard is very overgrown Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50°/> of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 I • • w 3. Yqrql�> fi ]tl r6 kp _ . M A 605 GILL E. �.» � � �. w � �z ..� _,,,, » %� � � � � � \� � \� \ / \�� 2»� � �� � \� � � \ �®« a� ©? /�� \� « � ��«���& <4 » \�� :\. °«° ^§�4 � \� 2 \ . �� ƒ� i «&� a .. A E • E-1 ��s4 �� Y. ., k ': s � � my ,'. "N � • x ��� . H ' T i � y i rs> ! �„� . .., •.a i . -.°hs . � �,h_, ,,. ��� *' �� ` t T .�µ4�.:..c. p{�.� s A d�^� �:: - T.. e. �,.,... � O�• ... ,. ,. SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 20. INITIALINSPECTION DATE September 15, 2005 _ WARD 4 ADDRESS OF INSPECTION 3390 Glenwood Avenue OWNER Grant Jackson c/o Lerov Feist ADDRESS 13823 Sandover Drive CITY/STATE Houston, Tx. 77014-3622 APPRAISAL VALUE Land Value 1470 Improvement Value 7700 Total Value 9170 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof The front porch canopy is collapsing All damaged or rotten windows and windowsills will need to be replaced. There is termite damage to the structure The foundation has extensive deterioration and is sitting on the ground The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50%% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS 0 • L' n U 0 3390 GLENWOOD L w . ��. TJX"" d� , i. .. ,,,, _, �. n � � , �� , •+. r� �, r 4 �. s ,v. .» . -� 71 =# � �. v' ,.� xx e S T • + v u t f �� �� 3,.x � .« r� ,�_ � � :,� i ..�` .. (�' y... � e .. +mow. .r ` ...�..`. /� j{ � i � . '., � �' � � est+'' .� � ,, .. � i w A ;'' `. ' ;t� � �.� ,.! t ... "� .� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE March 24. 2005 WARD ADDRESS OF INSPECTION 3360 Grand OWNER Vidor Real ADDRESS P O Box 62 CITY/STATE Vidor, Tx. 77670-0062 21. APPRAISAL VALUE Land Value 1780 Improvement Value 7730 Tutal Value 9510 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program" YES NO X E. Taxes are due in the amount of 5443.08. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior due �to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. There is broken glass in the windows. The exterior doors will need to be replaced. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being trashed Based on the extensive repairs needed in this structure and the fact that these reVairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 • • U 1. .h- " I 3360 GRAND No Text 0 • • No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 40 CITY OF BEAUMONT 22' INITIAL INSPECTION DATE October 13, 2005 WARD 3 ADDRESS OF INSPECTION 2520 Gulf (Commercial/Church) OWNER Eastern Progressive Missionary Baptist Church ADDRESS 2520 Gulf CITY/STATE (03)5208 APPRAISAL VALUE Land Value 13080 Improvement Value 0 Total Value 13080 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members'! YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Taxes are due in the amount of 51,026.00. MAJOR CODE VIOLATIONS: The roof on this church is about to collapse. There is extensive deterioration throughout the roof and it is very dangerous. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. The windows are broken and missing. Large areas of the exterior walls are missinE and exposed. The exterior doors will need to be replaced. There is termite damage to the structure. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged and will need to be repaired. All da►naged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and in danger of collapsing. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 1' I� 2520 GULF 77,� No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE December 21, 2005 WARD ADDRESS OF INSPECTION 3270 OWNER Ardus A. & Samantha M. Veillon ADDRESS 3270 Gulf CITY/STATE (03)-3910 APPRAISAL VALDE Land Value 2890 Improvement Value 8760 Total Value 11650 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged? YES X NO D. Enrolled in Work Repair Program'? YES NO X E. Delinquent taxes are due in the amount of $488.09. 3 23. MAJOR CODE VIOLATIONS: This structure has been severely damaged by fire. There is extensive roof damage and the entire interior has been burned and charred. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The backyard is very overgrown. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 �.,,. �- m�► , 5 � +0A14 a Sy 0 • SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 24. INITIAL INSPECTION DATE August 11, 2004 WARD 4 ADDRESS OF INSPECTION 3180 Highland Avenue OWNER Dan Sims, Sr. ADDRESS 2340 Ranier CITY/STATE (01)-6421 APPRAISAL VALUE Land Value 8680 Improvement Value 19750 Total Value 28430 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program'? YES NO X E. Taxes are due in the amount of 810,231:01. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rear section has a hole in the roof and there are shingles missing. The rafters and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. There is broken glass in the windows and some windows are missing. The exterior doors will need to be replaced. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is secure at present and the inspection was made by viewing through the windows. The property is very overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 0 40 3180 HIGHLAND A , y. .. . ...... IPA' : , _. } No Text .� ��. .�. '� -- wu+u�u�Mk ', �, IINi�ii �'�'' � � r- �� � � .�. "4h �,o S .� .. aA 4= R � � ��• Aty �� s �I �e ~�«� � � ✓ ' � � �e .I �. e , — r � ,�i... F M. .r y '� t R, n a y . .� • 4 .M tp e� 4k rice d Mey� �� �� n '�k»' ,p h .y, 9. � ' { °�,; . , ,, ,� =t SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 25. INITIAL INSPECTION DATE June 21, 2005 WARD 3 ADDRESS OF INSPECTION 550 Jeanette OWNER Florence Lowana Gaylord ESTATE c/o Jokenyatta Banks ADDRESS 19001 W. 207`" St. CITY/STATE Torrance, CA 90501 APPRAISAL VALUE Land Value 3820 Improvement Value 8770 Total Value 12590 A. Fifty (50) percent deterioration of non -supporting members'? YES X NO I. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. 'Taxes are due in the amount of 82,857.20. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rear section has a fallen tree across it. The rafters and fascia boards are rotted and will need to be replaced. There is extensive water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. The exterior doors will need to be replaced There is termite damage to the structure. The foundation has extensive deterioration. The interior flooring. ceilings and walls are damaged and will need to be repaired. The ceilings and flooring have extensive water damage All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open and accessible and being vandalized Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS 0 r � • 550 JEANETTE ♦ �;�- .,,yew �. 4; gym. •-........ F s -.:al k . a WOW P7 A'yw w wg-'� x * y L6 2 , L No Text No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE November 17, 2005 WARD ADDRESS OF INSPECTION 795 Jeanette OWNER Alfred Frank c/o Bernadine Semien ADDRESS 9090 Jennifer Ln CITY/STATE (07) APPRAISAL VALUE Land Value 3820 Improvement Value 24500 Total Value 12590 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Wort: Repair Program? YES NO X E. Taves are due in the amount of $80.57. 3 26. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. The exterior doors will need to be replaced. There is termite damage to the structure. The foundation is Sagging. The interior floorinL,, ceilings and walls are damaged and will need to be repaired. The structure is packed from wall to wall and floor to ceiling with trash and clothes which is making it a dangerous fire hazard. The daughter of the owner had him removed because of the condition of the structure. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS w x �e r k� *r y Allviij x �e '>� i ,�� �, 3,. i � � FYI �� .� �, ., No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 27. INITIAL INSPECTION DATE January 19, 2005 WARD 3 ADDRESS OF INSPECTION 1545 Liberty OWNER Leon and Helen Latino ADDRESS 1545 Liberty CITY/STATE (0t)-2021 APPRAISAL VALUE Land Value 5650 Improvement Value 15270 Total Value 20920 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced There is water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced The exterior doors will need to be replaced. The front and back porches are very deteriorated There is possible termite damage to the structure. The foundation has extensive deterioration The interior flooring, ceilings and walls are damaged and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure SEE ATTACHED PHOTOS • 0 1545 LIBERTY folk", Ni �* " a e .. e• � � t r p F('• r `` y� • w howAmk.. ; rtPolk - ». A, µx .tip - t �. d�W.w• ,� w ' � -_ e� 1 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 28 - INITIAL INSPECTION DATE June 30. 2005 WARD 3 ADDRESS OF INSPECTION 3139 Magnolia Avenue (Garage Apartment) OWNER Edna Samuel ADDRESS 3135 Magnolia CITY/STATE (03)-4033 APPRAISAL VALLE Land Value 3890 Improvement Value 25380 Total Value 29270 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X U. Enrolled in Work Repair Program? YESNO X NIAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are deteriorated. There is water damage to the interior due to the condition of the roof. The stairway to the second floor is very deteriorated. All damaged or rotten windows and •window sills will need to be replaced. The exterior doors will need to be replaced The foundation needs repair. The right exterior wall is bulging The entire structure is listing The interior flooring, ceilings and walls are damaged and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 0 s • 3139 MAGNOLIA No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 29. INITIALINSPECTION DATE May 25, 2005 WARD 3 ADDRESS OF INSPECTION 4024 Magnolia OWNER Zohreh Shahrodi ADDRESS 1225 Wilchester Cir CITY/STATE (06)-4325 APPRAISAL VALUE Land Value 24751) Improvement Value 21610 (More than one structure) Total Value 46360 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO G Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 06-01-05 thru 11-01-05 MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior due to the condition of the roof. The front porch has extensive deterioration to the flooring and the back porch is also deteriorated and has a missing support post The exterior siding is rotten and missing The exterior doors need replacing_ The foundation has rotten sills. The interior flooring, ceilings and walls are damaged and will need to be repaired The owner has been enrolled in a work repair program but the permit has "v irerL All damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50010 of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 11 0 worbi 4024 MAGNOLIA %^ \ £ \ ~w� « § /\� � � � �� � ®� � d� �� \ . - . —��.. �2� �� �~��� ^~ �-��\��« .. . may. . .x. >� . . ( � �~ �� � \ }°» °a< »»�� §� +: c� :2 .\ate ®� a ta� ^ � � > � ® �\� � \� y. < � »� : ` - ©�. � m : � j w� � . � � � s : � 2 � \\� � � l� � : 2e • • 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE August 10. 2004 WARD ADDRESS OF INSPECTION 280 Mannin OWNER Tracy Frazier ESTATE c/o Ella Guidry ADDRESS 1750 Trinidad CITY/STATE (03)-1604 3 APPRAISAL VALUE Land Value 2000 Improv ement Value 9040 Total Value 11040 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged'? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 55,976.78. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are deteriorated. There is water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. The exterior doors will need to be replaced. The front and back porches are deteriorated. There is termite damage to the structure. The foundation needs repair. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 0 • 280 MANNING No Text • • LJ �:�►. qw, `+►Ism C7gG"! fi MM- ol SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 31. INITIAL INSPECTION DATE July 30, 2004 WARD 3 ADDRESS OF INSPECTION 2485 Monroe OWNER Gehrig Payton (Purchased from Jefferson County Sheriff Sale) ADDRESS 5290 Gail Drive CITY/STATE (08) APPRAISAL VALUE Land Value 4900 Improvement Value 10780 Total Value 11040 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program'? YES X NO 04/11/05 thru 09/11/05 E. Taxes are due in the amount of $379.57. Extended until 03/06-06 MAJOR CODE VIOLATIONS: Some shingles on this roof appear loose and some are missing. All damaged or rotten windows and window sills will need to be replaced. The structure has new windows but one is broken out. The interior flooring, ceilings and walls have been worked on but need to be completed. Floor covering is needed and the sheetrock needs to be taped, floated and textured. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The foundation inspection has been approved and the electrical and plutnbing have had inspections but no finals. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 501VO of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • 0 0 0 2485 MONROE 11 0 % P.10.2006 L3 6009"O'F w- • 0 . \�\ \ //\� y. . � � � \ � §\� � � ��`:. �\�« \ No Text M AMPr ! w ! 5 ^k albsx+y ^M 54 Oil 0 • • Im M 49 t - z ,..° �ys � s' k }+��� "fit• k s,€(�". eu �y� SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 32' INITIAL INSPECTION DATE June 16, 2005 WARD 4 ADDRESS OF INSPECTION 1822 Nora OWNER Quincy Relford, Jr. ESTATE ADDRESS 1822 Nora CITY/STATE (05)-3324 APPRAISAL VALUE Land Value 1500 Improvement Value 30140 Total Value 31640 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of $5,209.93. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. There is water damage to the interior of the structure due to the condition of the roof. The attached garage has totally collapsed. All damaged or rotten windows and window sills will need to be replaced The exterior doors need to be replaced There is possible termite damage to the structure. The foundation has maior rot and deterioration. The interior flooring, ceilings and walls are damaged and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible and being stripped. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS Pi Ll I- L-1 1822 NORA No Text r1 LJ rl No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE July I, 2005 _ WARD ADDRESS OF INSPECTION 1895 Nora OWNER Dwavne E. Land► ADDRESS 1895 Nora CITY/STATE (05)-3323 APPRAISAL VALUE Land Value 1370 Improvement Value 16920 Total Value 18290 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three ('33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X E. Delinquent taxes are due in the amount of 51,783.81. 33. MAJOR CODE VIOLATIONS: This structure's roof is deteriorated and new shingles will be needed. There are holes in the roof allowing extensive water damage to the interior of the structure. The rafters and fascia boards are rotted and will need to be replaced. All damaged or rotten windows and window sills will need to be replaced. The exterior doors need to be replaced. There is termite damage to the structure. The interior flooring, ceilings and walls are damaged and will need to be repaired The kitchen flooring is very weak and rotten. All dainaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and accessible. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS • A • • • f mom 1895 NORA ov": • • • 0 UbL-. m I oft 08. 08. 20M SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 34. INITIAL INSPECTION DATE June 30, 2005 WARD 4 ADDRESS OF INSPECTION 2105 Nora OWNER Lorenza Joe and Raymond Hines ADDRESS 1098 N. 6th CITY/STATE (01)-1008 APPRAISAL VALUE Land Value 1470 Improvement Value 6920 'Total Value 8390 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged'? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: This structure's roof has extensive deterioration and new shingles will be needed. Some shingles are missing. The structure has water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. Some windows have broken out glass. The exterior doors need to be replaced. The rear steps are damaged. The exterior siding is rotten. The foundation has rotten sills and is sagging. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is vM overgrown and the gates to this property are locked. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 VWON solz • • 0 8 iE }y t. rt r 1 CI SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE December 28, 2004 WARD ADDRESS OF INSPECTION 3173 Prairie OWNER Charles Westfall ADDRESS 14259 Craigen Rd. CITY/STATE (05)-7373 APPRAISAL VALUE Land Value 2550 Improvement Value t4080 Total Value 16630 A. Fifty (50) percent deterioration of non -supporting members? YES X NO 13. Thirty-three (33) percent deterioration of supporting members'? YES X NO C. Fire damaged'? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF $296.11. 4 35. MAJOR CODE VIOLATIONS: The roof on this structure is deteriorated and new shingles will be needed Some shingles are loose. The structure has water damage to the interior due to the condition of the roof. *All damaged or rotten windows and window sills will need to be replaced Some windows have broken out glass. The exterior doors need to be replaced. The foundation has a cracked slab. The interior flooring, ceilings and walls are damaged and will need to be repaired The ceilings are collapsing due to water damage. All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced The structure is open in the rear. There are large dogs on both sides of the structure. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this SEE ATTACHED PHOTOS 11 10 0 LJ Jk c-NNAM NAM r 3173 PRAIRIE 61 0 � LJ 0 I 0 r. P -ma No Text � �\� . . . �}\\� "via 0 0 0 SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT 36. INITIAL INSPECTION DATE August 26, 2005 WARD 3 ADDRESS OF INSPECTION 460 San Jacinto OWNER Edna Mae Cormier ADDRESS 812 Simmons CITY/STATE (03)-4414 APPRAISAL VALUE Land Value 1820 Improvement Value 8370 Total Value 10190 A. Fifty (50) percent deterioration of non-supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES NO X MAJOR CODE VIOLATIONS: The roof on this structure is deteriorated and new shingles will be needed. The rafters and fascia boards are rotted and will need to be replaced. The structure has water damage to the interior due to the condition of the roof. All damaged or rotten windows and window sills will need to be replaced. Some windows have broken out glass. The exterior doors need to be replaced. The exterior siding is rotten and missing. There is termite damage. The foundation has extensive deterioration and is listing and is sitting on the ground. The interior flooring, ceilings and walls are damaged and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The structure is open and the ,yard is overgrown. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 CJ No Text aAA I 0 � No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 37. soCITY OF BEAUMONT INITIAL INSPECTION DATE ADril 2. 2004 WARD 3 ADDRESS OF INSPECTION 2290 Tavlor OWNER Joe Nell Jarmon ADDRESS 3630 W. Lynwood Dr. CITY/STATE (03) 3320 APPRAISAL VALUE Land Value 2450 Improvement Value 4660 ,notal Value 7110 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged? YES NO X D. Enrolled in Work Repair Program? YES X NO 11-01-04 thru 03-01-05 MAJOR CODE VIOLATIONS: The roof on this structure has minor damage, possibly from Hurricane Rita. The ridge cap is damaged. A small section of fascia is damaged. There is water damage to the interior due to the condition of the roof before repairs were made. Steps are needed for the front and back. A window is broken out and covered with plywood. The exterior doors need replacing. There is possible termite dainage. The foundation has had work but will not pass code. The interior flooring, ceilings and walls are damaged and will need to be repaired. The owner has been enrolled in a work repair program by the permit has ewpired No electrical and plumbing permit has been purchased All damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50°/0 of its appraised value, staff is recommending a raze order for this SEE ATTACHED PHOTOS 0 ■ I • 41 A itl ml 70INT, il, F2710 0 0 0 No Text SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION CITY OF BEAUMONT INITIAL INSPECTION DATE June 21, 2005 ADDRESS OF INSPECTION 1175 Tulane (Garage Apartment) OWNER Ivor Godeau c/o Herbert Godeau ADDRESS 4018 Don Felipe Dr. APPRAISAL VALUE Land Value Improvement Value Total Value 2700 26130 28830 A. Fifty, (50) percent deterioration of non -supporting members'? B. Thirty-three (33) percent deterioration of supporting members? C. Fire damaged? D. Enrolled in Work Repair Program? CITY/STATE Los Angeles, CA 90008-4223 YES X NO YES X NO YES NO X YES NO X ME MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There are large holes on one side. The rafters and fascia boards are rotted and will need to be replaced. The structure has water damage to the interior due to the condition of the roof. All damaged isor rotten windows and window sills will need to be replaced Some windows have broken out glass The exterior doors need to be replaced. The exterior stairway has been removed so an inspection could not be made. The exterior siding is rotten. There is termite damage The foundation has extensive deterioration The interior flooring, ceilings and walls are damaged from water coming in and will need to be repaired All damaged electrical wiring and electrical fixtures will need to be replaced Also all damaged plumbing and plumbing fixtures will need to be replaced. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 50% of its appraised value, staff is recommending a raze order for SEE ATTACHED PHOTOS 0 LJ • • 0000or 1175 TULANE E 'lima 'q Ls 3'.� #' d . w■ n- II ��iiY a SUBSTANDARD BUILDING INSPECTION REPORT BUILDING CODES DIVISION 0 CITY OF BEAUMONT 39. INITIAL INSPECTION DATE October 13, 2005 WARD 4 ADDRESS OF INSPECTION 5470 Tyrrell Park Road OWNER John C. Boutte ESTATE ADDRESS 5470 Tyrrell Park Rd. CITY/STATE (05)-6743 APPRAISAL VALUE Land Value 3420 Improvement Value 8570 'Total Value 11990 A. Fifty (50) percent deterioration of non -supporting members? YES X NO B. Thirty-three (33) percent deterioration of supporting members? YES X NO C. Fire damaged'? YES NO X D. Enrolled in Work Repair Program? YES NO X E. TAXES ARE DUE IN THE AMOUNT OF ;5412.30 MAJOR CODE VIOLATIONS: The roof on this structure has extensive deterioration and new shingles will be needed. There are large holes on one side. The rafters and fascia boards are rotted and will need to be replaced. The structure has water damage to the interior due to the condition of the roof. All damaged 18or rotten windows and window sills will need to be replaced. Some windows have broken out glass. The front and back porches are deteriorated. The exterior doors need to be realaced. The exterior siding is rotten. There is termite damage. The foundation has extensive deterioration. The interior flooring, ceilings and walls are damaged from water coming in and will need to be repaired. All damaged electrical wiring and electrical fixtures will need to be replaced. Also all damaged plumbing and plumbing fixtures will need to be replaced. The yard is covered with trash and piles of debris. Based on the extensive repairs needed in this structure and the fact that these repairs will exceed over 500/0 of its appraised value, staff is recommending a raze order for this structure. SEE ATTACHED PHOTOS 0 L�l 0 } a W +N, e .e �d L 57 5470 TYRRELL PARK RD No Text Ono 0