HomeMy WebLinkAboutPACKET JAN 23 2007 �Ai
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 23, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve a grounds maintenance contract for services at Tyrrell Park
B) Authorize the City Manager to increase the scope of work on the City of Beaumont Water
Reclamation Plant Rock Trap Basin Project
•
A
MAW Q
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 11, 2007
REQUESTED ACTION: Council consider award of a grounds maintenance contract.
RECOMMENDATION
Administration recommends the award of an annual contract to North Star Unlimited of Beaumont
to provide grounds maintenance services at Tyrrell Park for the estimated annual cost of$46,280.80.
BACKGROUND
Bids were solicited from thirty-five (35) companies to provide grounds maintenance services at
Tyrrell Park. Areas to be maintained include the right-of-way on Tyrrell Park Road, the lawn area
within the Tyrrell Park Garden Center,and the area enclosed by Babe Zaharias Drive. This contract
does not include the Henry Homberg Golf Course, Tyrrell Park Stables, Wetlands, or horticultural
maintenance at the Tyrrell Park Garden Club.
Grounds maintenance at the 125-acre park includes weekly mowing, edging, and sweeping during
the growing season,March 1 through November 30. The non-growing season,December 1 through
February 28,requires biweekly mowing, edging, and sweeping of the grounds. Daily litter removal
is required throughout the year including weekends and holidays.
The grounds were divided into three (3) sections and bidders were instructed to submit quotes for
each section. The size of the park and its propensity to retain water are the main factors in dividing
the park in this manner. This provides a means for the City to pay the Contractor for work
completed.The Contractor is required to complete each section and have it approved by an inspector
prior to beginning another section. A separate price for daily litter removal was also requested.
Bids were received as follow:
Contract for Grounds Maintenance at Tyrrell Park
January 11, 2007
Page 2
Contractor Park Area Park Area Park Area Daily Litter Estimated
I II III Removal Annual
Cost
North Star Unlimited $260.00/cut $287.00/cut $287:00/cut $17.12/day $46,280.80
Beaumont, TX
Perfect Cut Lawn Care $300.00/cut $289.38/cut $300.00/cut $20.00/day $49,990.24
Beaumont, TX
Yard Boy Lawn Care $415.00/cut $415.00/cut $475.00/cut $30.00/day $73,590.00
Beaumont, TX
Based on the frequency of scheduled cuttings,there will be approximately 48 mowing cycles or cuts
per year.The Parks and Recreation Department is responsible for managing and monitoring contract
performance. The Parks Manager, at his discretion, may reduce the number of mowing cycles if
funding becomes unavailable or weather prohibits the Contractor from operating mowing equipment
on the grounds.
Administration recommends the contract be awarded to North Star Unlimited of Beaumont. The
companyhas favorable references and has provided evidence of their ability to furnish the equipment
and labor necessary to meet the requirements of this contract. The new contract term is one(1)year
beginning February 1, 2007 with an option to renew for two (2) additional years including a
percentage increase based on the Consumer Price Index for all Urban Consumers (CPI-U).
Maintenance of Tyrrell Park has been outsourced since 1989.The previous annual contract price was
approximately$53,035.
BUDGETARY IMPACT
Funds are available in the Parks and Recreation Department operating budget for the estimated
annual cost of$46,280.80.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract for grounds maintenance
services at Tyrrell Park; and,
WHEREAS, North Star Unlimited, Beaumont, Texas, submitted a bid in the unit
prices shown below:
Park Area I Park Area II park Area III Daily Litter Estimated Annual
Removal Cost
$260.00/cut $287.00/cut $287.00/cut $17:'f2/da`
Y $46;280.80
and,
WHEREAS, City Council is of the opinion that the bid submitted by North Star
-Unlimited, Beaumont, Texas, should be accepted;
NOW, THEREFORE BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by North Star Unlimited, Beaumont, Texas, for an annual contract
for grounds maintenance services at Tyrrell Park in the amounts shown above for an
estimated annual expenditure of $46,280.80 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
January, 2007.
- Mayor Guy N. Goodson -
•
B
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 17, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to increase the scope of work on the City of Beaumont Water
Reclamation Plant Rock Trap Basin Project.
RECOMMENDATION
Administration recommends approval of increasing the City of Beaumont Water Reclamation Plant
Rock Trap Basin Project amount by$21,724.24.
BACKGROUND
The proposed changes to the contract will provide the labor and equipment to break, remove and
dispose of a twenty feet long by eighteen feet wide by two feet thick reinforced concrete slab to
accommodate the installation of the 48"Hobas pipe. The 20 feet deep reinforced concrete slab was
not shown on the design plans and its removal is considered additional work. The proposed change
order will increase the total contract amount by 4.36%. The total of all of the extra work to date,
including this proposed recommendation, will increase the total contract amount by 21.14%.
The deteriorated concrete sanitary sewer lines deposit rock aggregate in the collection system that
ends up at the Water Reclamation Plant. The rock aggregate creates a continuous maintenance
problem by damaging the screens and the pumps at the head of the plant. The rock trap basin will
intercept and capture the rock aggregate at the head of the plant to protect the equipment and reduce
maintenance cost.
Previous actions include:
Resolution 05-154 in the amount of$498,433.00 was passed by City Council on July 12, 2005.
Resolution 05-216 in the amount of$84,111.00 was passed by City Council on October 18, 2005.
BUDGETARY IMPACT
Funds for the project are available in the Capital Improvements Fund.
APPROVAL OF CONTRACT CHANGE
0 Change Order No.2
Date:January 17,2007
Project: City of Beaumont
Water Reclamation Plant Rock Trap Basin Project
Owner: City of Beaumont
P.O. Box 3827
Beaumont,Texas 77704
Contractor: Allco,Ltd.
P.O.Box 3684
Beaumont,TX 77704-3684
To the Owner: Approval of the following contract change is requested.
Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to
provide the labor and equipment to break,remove and dispose of a twenty feet long by eighteen feet wide
by two feet thick reinforced concrete slab to accommodate the installation of the 48"Hobas pipe. The 20
feet deep reinforced concrete slab was not shown on the design.plans and its removal is considered
additional work.
ORIGINAL CONTRACT AMOUNT $498,433
THIS CHANGE ORDER:
Descri tion
Net Change
Wor and equipment to break,remove and dispose of Reinforced
Concrete slab.
$21,724.24
TOTAL AMOUNT OF THIS CHANGE ORDER: $21,724.24
TOTAL AMOUNT OF PREVIOUS CHANGE ORDER: $84,111.00
TOTAL REVISED CONTRACT AMOUNT INCLUDING
THIS CHANGE ORDER:
$604,268.24
CONDITION OF CHANGE:
"Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in
this Change Order represents full compensation for all increases and decreases in the cost of,and the time
required to perform the entire work under Contract arising directly,or indirectly from this Change Order and
all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and
Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the
Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly
executed."
Recommended By: Approved By:
Accepted By:
Hani Tohme,P.E. City of Beaumont
Water Utilities Director Ltd.
Owner Contractor
0- Date: Date:
RESOLUTION NO.
WHEREAS, on July 12, 2005, the City Council of the City of Beaumont, Texas,
passed Resolution No. 05-154 awarding a contract in the amount of$498,433 to Allco, Ltd.
for the Water Reclamation Plant Rock Track Basin Project; and,
WHEREAS, Change Order No. 1, passed by Resolution No. 05-216 on October 18,
2005, in the amount of$84,111 , was required to furnish labor, equipment, and materials
to replace the two existing 48-inch reinforced concrete sanitary sewer pipes between the
headworks building and the junction box at the entrance of the Wastewater Treatment Plan
on Lafin Road thereby increasing the contract amount to $582,544; and,
WHEREAS, Change Order No 2, in the amount of 21,724.24, is required to provide
the labor and equipment to break, remove and dispose of a twenty foot long by eighteen
foot wide b two foot thick
Y reinforced concrete slab to accommodate the installation of the
48" Hobas pipe, thereby increasing the contract amount to $604,268.24.
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute Change Order No. 2
increasing the contract amount by $21,724.24 for a total contract amount of$604,268.24
for the Water Reclamation Plant Rock Track Basin Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
January, 2007.
S - Mayor Guy N. Goodson
01
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 23, 2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving a resolution supporting a request from the Golden Triangle
Military Order of the Purple Heart Chapter 1991 to name the bridge over the
Neches River"Purple Heart Memorial Bridge"
2. Consider approving amendments to Chapter 1 of the Code of Ordinances
3. Consider approving amendments to Chapter 2 of the Code of Ordinances
4. Consider approving the purchase of a fire truck
5. Consider approving a resolution authorizing the participation of the City of
Beaumont with other Entergy-Gulf States, Inc., service area cities to intervene in
proceedings before the Public Utilities Commission of Texas for the calendar year
2007
WORKSESSION
* Review and discuss plans by Mardi Gras on the Neches and Parades Unlimited for
a Mardi Gras celebration in downtown Beaumont
* Review and discuss the possibility of having Early Voting polling locations in each
• ward
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 Coder
Claim of Nicole Harrison
Claim of Lou Davis
Claim of Bobbie Jean Knighton
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
January 23, 2007
Consider approving a resolution supporting a request from the Golden Triangle Military Order of
the Purple Heart Chapter 1991 to name the bridge over the Neches River"Purple Heart Memorial
Bridge"
•
tj7q� f
n ends Item
-DO-jr
12 1:177111,79INNIZO OL
City Council Agenda g
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 19, 2007
REQUESTED ACTION: Approve a resolution supporting a request from the Golden
Triangle Military Order of the Purple Heart Chapter 1991 to
name the bridge over the Neches River "Purple Heart
Memorial Bridge."
BACKGROUND
Mr. Delano Reeves and others with the Golden Triangle Military Order of the Purple Heart Chapter
1991 made a request to City Council during a worksession on January 16, 2007 for the support of
the City in naming the bridge over the Neches River"Purple Heart Memorial Bridge."
The bridge crossing the Neches River between Beaumont and Jefferson County and Rose City and
Orange County does not have an official name. The bridge is known and referred to as the"Neches
River Bridge." Bridges are given a memorialization or name by a city, county, or the Texas
Legislature. In this particular case,a number of governmental entities will need to give their support
for the official naming to occur. Orange County has given their support in naming the bridge the
"Purple Heart Memorial Bridge." If the City Council supports the name as well,the Golden Triangle
Military Order of the Purple Heart Chapter 1991 will work with the Texas Department of
Transportation (TxDOT) on the purchase and installation of signage. TxDOT may require other
governmental entities to support the naming of the bridge as well.
BUDGETARY IMPACT
TxDOT will be responsible for the ongoing maintenance of any signage.
I '
pu��
City of Beaumont
Guy N. Goodson
September 7, 2006 Mayor
Mr. Delano Reeves
Golden Triangle Military Order of the Purple Heart
Chapter 1991.
P. O. Box 30035
Lumberton, TX 77657
RE: Request for naming the Neches River Bridge to "Mil'
Memorial Bridge" rtary Order of the Purple Heart
Dear Mr. Reeves:
We appreciate your letter, along with the support letters
requesting the City of Beaumont to support that you have obtained from officials,
Order of the Purple Heart Memorial Bridge."naming the Neches River Bridge to the "Military'
We were completely unaware,that there was an effort to name the bridge
letter. We contacted the Texas Department of Transportation and w
jurisdictions that would be involved in this decision would be ge until we received your
City, and the City of Beaumont. were advised that the
Orange County, possibly Rose
We have a number of advisory boards and co
for the betterment of our communi committees that serve our ci
Board that is the long-rang ' One of the boards is the in a voluntary
& Tourism Advisory capacity
Beaumont as a tourism d stination, but also for the
evolved
y. Not only are they involved in promoting
with projects i
District, and along the Neches River.
n-the,Central Business
We are seeking their in
October 19 put in this matter, and would like to invite, 7:30 a.m., you to attend their meeting on
request. in our conference room at City Hall, Room 300 to discuss your chapter's
Please let us know if you will be able to attend by cal Barbara 3736. g Otto in my office at (409) 880-
Si ce ely,
Guy N. Goodson
Mayor
Mayor's Office (4no� afln _
City of Beaumont
Guy N. Goodson
Mayor
Memo
To: Members of City Counci
From: Mayor Guy N. Goodson
Date: November 7, 2006 `Toys
Subject: Naming of Neches River Bridge
I was contacted by Mr. Delano Reeves with the Golden Triangle military Order of the Heart, Chapter 1991, expressing a desire to name the Neches River Bridge e the "Purple Heart
Memorial Bridge."
After doing some research with TXDOT, I learned that the bridge is not officially named
Neches River Bridge. Everyone just calls it that: It actually does not have an official namee
because TXDOT does not name bridges.
The bridge is located in the City of Beaumont as well as in Jefferson and Orange.Counties and
Mr. Reeves has contacted officials in those jurisdictions, as well as Congressman Ted Po
requesting that the bridge be named the "Purple Heart Memorial Bridge." e
I sought the input of the Convention and Visitors Board, and a letter is included in the a
packet of information that expresses their opinion. I am now seekin attached
important request. g your input on this very
Attached to this memo is information regarding this matter. Please let me know if you would
like to schedule this on a Work Session or have it placed on the Council Agenda.
/bo
Attachments
Mayor's Office • (409) 880-3736 • Fax (409) 880-3112
P.O. Box 3827 • Beamm�nr T 77�nn
CONVENTION AND
VISITORS BUREAU
TEXAX.WiTT! ♦ LiTTf-Y7 !Oi(ESTSiNd'$ .
October 26,-2006
Mayor Guy Goodson ..
City;of Beaumont.
PO Box 3827
Beaumont, Texas 77704
Re: Request for naming the Neches RiverBridge "Military Order
Memorial Bridge ry r of the Purple Heart
.Dear Mayor Goodson:
The members:of the Military Order. of the Purple Heart Association were.
October board me .my
eking of the Convention & Tourism Advisory committee, to discuss cusstoffi Tally
naming the Neches River bridge, the Military Order•of the Purple Heart Memorial
badge. .
The representatives-of Purple Heart spoke briefly about their association /
comrnr.ttee for support in naming the bridge in$onor of the mil and asked the
members in attendance discussed the issue, and found.no objections to the request.
comrrrittee
q
Please contact me for further discussion before
presenting this issue to Crty Council.
Sincerely,
Dean E. Conwell ;
Executive Director .
cc: Kyle Hayes, City Manager .
a
�rN;loF c
IX 3827 RF111unwIr TV
gSON C�)
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9,11 -77YO4 �O¢«*d+eL 40"35-8466
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August 9, 2006
Congressman Ted Poe
1605 Longworth louse Office Building
Washington,AC 20515
Dear Congressm.aD.Poe:
Y am in o
receipt f o�
p your letter regarding the Golden Triangle
the. Chapter 1991 cantactin Military Order of the purple
the pu la g your office regal .ng rena Ding the Neches River]Bridge
ro lean Ncisi gal Budge_ X have no objection and give m
this effort. Ilse decision wiIl have to be with th& �yity ofgeaumont and O
Y fu11 support toward
It will be an honor to recognize those who have been range Courlty-
aWarded th,e purple Heart.
sa r Y Yours,
Carl R. Griffith, Jr.
County Judge
CRG/sp
89/87/2886 10:48 4096766935
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ONATIC)NAL RELATIONS
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The Honorable Carl R. Crriffith, Jr.
Jefferson County Judge
P.0_Box 4025
BCC Armont,TX 77704-4425
The Golden Triangle Military Order of the Purple Heart Chapter 1991 cQnta&ed my office
expressing a desire to-recognize those who have bee>a,awded'•tk?'e le•.Heart.,.,` lxey,� li�ve
the highest honor would be to rebame the Neches River B6. e'tl e.po ke` eatt:.Zvler i 1
edge. The .S. Department ofDefense fouM iio:obJe`ctioos:to:tlris;pr6NAl'*ddk.t i
regulations and cited that Teas has already desatedpvztioz�s ttf:xts`iiifst�ttiii as
of the rrakonwide Purple Heart Ivternorial Trail. As sucli;.T find uobjtiozzs to.tiis ptoposal '
and give this effort my full support,
If you have any questions, ov need any additional info=Adoh;please do n0t,$e3itate to c,6ntact
me or a member of my stab'in my Eastern District Office at 409-212-1997-
God acrd Texas,
TED POE
Mmber of Congress-
TEXAS
Tl'1bh
lwziclosure(s� ;
cC:Mr. Delano C. Reeves
/f4rv�EV 0N:F1lCn1ED CMFR
09/07/2006 10: 40 4096700935
y ORANGE COUNTY JUDGE
F R O M T H E H E A R S PAGE 13
-
. . .:.... ..
Merrrbers of the Mr7inrry Order of the 2'uryle$eart'k^furWaerat 0U0Q t iA G,dvrxi;:'camU Dart in
Memat4al.P�i�ral�aeili#a7 4nd civilian fiicnds anal e'to dedicate a Purple recut
=pporattrs.National]unror y&'e:Commandor, Torn Porrlter,
hi white coyer and where bw*sen,npresentted dje,Nct[iuiurl orgaaiiation 0 Ojr dadii,tion
•', «r
.r 5:'i l`. 's i ' •i 9" :r:,. ::.:.•�;a' �^:m ;"�i. p.•f✓1..••ri(7,
Daring Augxw. 2044y the Mas=Vpi Dept of rr=po t2b#n. Dept,of AZ Cmrdi
dedicated the bridge at the uamercdon of U.S.$ighway 4S Annno!C1a Y�MCttrsaricl Chapter#572 a2 their �
Fm ty x ar rid v ane George 27innwns,Dept.
arod U.S..Y1igl�rray t9 in�Xerti an as fire Mc7ihrry Order of dta. q fAT,Ame ioa�'ns of -der,T2t tpmgW4 Natimel,Tkspectar;
Pa►pie Heart Baidge. Vie sigdr taet�etWx war lr Id Dec. 18, Comes Bianco,Commander Jt7�.#S72;NX Mootiei A,40ant;
1.3,ny C
20"Yeftbm of Chk�rand Unit#803 and gKa*ar'e renvy ' Cari C� M Senior Vice'Canrntarrdw; and Ted Skinner, �
Mom, Ch. 8113;I.ircda Xu vood, Sec'y, Unit#803; 'Uenr7 Chapter,$410dan.B600M rd 0J&t wives and mmhm of the
jK rkwood, Chapter.Corninander; Vasessu Dn-wtt, Unit CkapaerAaxaLary,Uary. ; Sharon Din&waA 1lodtic
PPivesidemt;Benny Duett, PirausMB Officer;Hank Flurry,:Focal BWYWO;Bgatr c Moore;V'ugirtia Clark;ad Maa Skm ter.
Uffic14 and Johnny p`agh, Ch, 803; Charies Roberts,.Ch- rm Chapter wasfo�cnded by Pkiit-Na doaal C"ineaeder CarroU
A pt Notpw"btrtPM bL Crt(Wntd bt aj&V:WbrtW&V FYffe as- Choehise Chapter)O.r . Following Ais death the
7kt"ry and Fraruit Knight and Swe S�rw r Vklet.C,ri►acfiaat eAVVer was ram to IrQ.corn:* memory.
March I April 2005 Purple Heart Magazine k g
-01/16/2007 12:04 4098985732 TXDOT TRAFFIC
PAGE 02/09
Signs and Markings Manual
Section 16 - Memorial Marker and Named Marker
Highways and Structures
Introduction
A city, county, or the Texas Legislature may assign a memorial or other
identifying designation to part of the state highway system (including a highway,
bridge, or other structure). In referring to highways and structures so designated,
TxDOT uses the modifiers "memorial marker" and "named marker."
Highways. Normally identifying signs or special markers for memorial marker
and named marker highways are not placed so as to be read from the highway
main lanes, except in special cases specified by the Texas Legislature. They are
typically placed on either end of the highway and at 75-mile intervals. They are
usually placed in rest or picnic areas or turnouts. They are usually small and
designed to be read by people on foot. The names never appear on intersecting
cross streets or highways (this is covered in Street-Named Highways). For more
information on signing standards,-see Policy Guidance for Signing, Sign
Placement Standards, and Sign Design Standards, later in this section. For
exceptions see Exceptions to Sinning Standards, later in this section,
Bridges and Other Structures. Memorial marker and named marker bridges
and other structures are usually single bridges, interchanges, or even pedestrian
bridges that have been given a memorialization or name by a city, county, or the
Legislature. In most cases, the identifying instrument is a small marker or sign .
placed off the main lanes of the associated highway, typically in a parking or
pedestrian area for reading by people on foot. for more information on signing
standards, see Policy Guidance for Signing, Sign Placement Standards, and
Sign Design Standards, later in this section. For exceptions see Exceptions to
Signing Standards, later in this section.
Legal Basis for Naming and Signing
Texas Transportation Code, Chapter 225, Subchapter A, grants local
governments the authority to confer memorial or other names on state highways
and portions of the state highway system and establishes how this is coordinated
with TxDOT. TxDOT is specifically prohibited from naming or otherwise
designating a highway, street, or bridge with any name or symbol other than the
"regular highway number." Subchapter B covers specific memorial marker and
named marker highways established by the Legislature.
01/16/2007 12: 04 4098985732 TXDOT TRAFFIC PAGE 03/09
rule for
Title 43, Texas Administrative Code, Section 25.9, provides the s
implementing Chapter 225 of the Texas Transportation Code,
Records Management
Memorial marker and named marker highways, bridges, interchanges, and other
structures and historic routes are recorded and tracked by the Traffic Operations
Division (TRF).
Overlaps. TRF strives to prevent overlaps of memorial marker and named
marker routes. Overlapping is defined as two names covering the same highway
route or corridor. Memorial marker and named marker bridges, structures, or
interchanges on a memorial marker or named marker route or corridor do not
constitute an overlap.
Designation Process Varies
The process for designating and signing memorial marker and named marker
highways and structures varies depending on whether the action is accomplished
through local action (by a county or city) or through L-egislative action.
Descriptions of both processes follow under separate subheadings.
Designation through Local Action g g
The following table describes the process by which a county, city, or public group
designates a memorial marker or named marker highway, bridge, or other
structure on the state highway system.
Note: The "requestor" mentioned in this process, which may be any interested
party, must work through a city or county as the official sponsor.
Designation of Memorial or Named Highway or Structure through Local Action
�pesl onsible,
[step Action
rty
] Requestor Submits initial general
request to the
appropriate TxDOT
district office.This
general request is
simply the basic
information concerning
the highway,bridge, or
other structure and the
proposed name.
01/16/2007 12:04 4098985732 TXDOT TRAFFIC PAGE 04/09
2 District office Fver!fy with TRF to
hat the highway
cture does not
already have a name.
If the facility is not
already named and the.
requestor is still
interested,then the
district advises the
requestor to work
through the county or
city.The district should
provide the requestor
with general
information concerning
the process, including
the requirements and
standards contained in
this section.
3 City or county Passes the necessary
resolution or ordinance
and furnishes it to the
district along with the
details of the marker,
plaque, or sign (size,
proposed wording,
color, and any other
pertinent information).
4 District office Investigates to see if
satisfactory space is
available for the
markers, plaques, or
signs to be located
safely and without
interference with
maintenance activities.'
For further details on
signing standards and
exceptions,see 22 a
Guidance for Signing,
Sign Placement
Standards, and 5�ign
Design Standards,
later in this section.
5 District office Forwards the
information to TRF for .
final approval of the
size, color, and
wording.
6 TRF Reviews the request,
and if the request is
acceptable, records
01/16/2007 12:04 4098985732 TXDOT TRAFFIC PAGE 05/09
the name and limits(if
a highway is involved)
and prepares an
approval memo for the
executive director's
signature. See
Approval of Names,
later in this section,
7 TxDOT Signs the approval
executive memo, which is then
director forwarded to the
district office.
8 ' District office Negotiates an
advanced funding and
general terms
agreement with the
sponsor. (The sponsor
gets one original and
the district retains one
original.) See
"Financing and
Agreement"following
this table.
9 District office
Installs the markers,
plaques, or signs after
the advanced funding
arrives and as time
and conditions permit.
Financing and Agreement. The requestor must pay for the sign, marker, or
plaque and its installation through the sponsor, The sponsor (county or city) must
sign an advance funding and general terms agreement with the state, The
relevant agreement—"Named Marker or Memorial Marker Highway Sign
Agreement"— can be accessed through the TxDOT intranet (accessible only
within the TOOT network) at
<http://crossroads/orq/cso/standard contract forms.htm#Traffic> under "Traffic."
Replacement of Signs and Maintenance of Grounds. If the marker, plaque, or
sign is damaged or needs replacing, the sponsor must provide a new or
refurbished marker, plaque, or sign upon notification by TOOT. Failure to do so
within a reasonable time (usually 6 months) will result in the removal of the
marker, plaque, or sign in accordance with the terms of the agreement. The
agreement can be revised if the length of time is not reasonable due to the
frequency of the sponsor's official meeting schedules. TxDOT maintains the
grounds where the marker, plaque, or sign is displayed.
I
Designation t)(trough Legislative Action
01/15/2007 12: 04 4098985732 TXDOT TRAFFIC PAGE 06/09
The Texas Legislature may designate nate a memorial marker or named marker
highway, bridge, or other structure on the state highway system.
After legislation is passed, TR!✓ notifies the district or districts involved and
develops a legislative implementation plan, The district or districts work with TRF
to erect the signs.
Financing. Unless the enabling legislation provides for a grant or donation
through a private entity to assist in financing the construction and maintenance of
the sign or signs, TxDOT bears all expenses associated with the signing.
If a grant or donation will be provided, then the process follows the "Instructions
for Acceptance of Donations" outlined in Chapter 10 of the Contract Management
Manual. After the private entity provides the funding, TxDOT lets a contract or
uses state forces to install the markers (signs). The district should not accept any
checks until the Commission approves the donation and the Donation Agreement
(if required) is executed.
Approval of Names
TxDOT has the authority to review the text and approve or disapprove the
marker, plaque, or sign message for memorial and name designations proposed
by cities and counties.
Use of Commercial Names. If the text is determined to border on commercial
advertising (such as "Ford Motor Company Freeway") it would be turned down
because the Texas Manual on Uniform Traffic Control,Devices (TMUTCD)
forbids commercial advertising. However, if the designation were "Henry Ford
Freeway," for example, then TxDOT would approve it. The name of a person,
whether dead or alive, is acceptable. Note that the policy against commercial
names for memorial marker and named marker highways is more restrictive than
that applied to signing for traffic generators (see Commercial Names in Section 9
of this chapter).
Name Must be Inoffensive. All designations must be reasonably inoffensive to
the public as determined by TxDOT.
Policy Guidance for Signing
The TMUTCD contains the following guidance (Section 2E.08):
Freeways and expressways should not be signed as memorial highways, except
in special cases specified by the Texas Legislature, If a route, bridge, or highway
component is officially designated as a memorial, and if notification of the
memorial is to be made on the highway right of way, such notification should
consist of installing a memorial plaque in a rest area, scenic overlook,
01/16/2007 12: 04 4098985732 TXDOT TRAFFIC PAGE 07/09
recreational area or other appropriate location where parking is provided with the
signing inconspicuously located relative to vehicle operations along the highway,
unless otherwise provided for by state statute.
As an option, the TMUTCD suggests the following:
if the installation of a memorial plaque off the main roadway is not practical, a
memorial sign may be installed on the mainline.
The TMUTCD lists the following standards where memorial signs are installed on
the mainline:
• Memorial names must not appear on directional guide signs.
• Memorial signs must not interfere with the placement of any other
necessary highway signing.
• Memorial signs must not compromise the safety or efficiency of traffic flow.
The TMUTCD further requires that memorial signing be limited to one sign at
each end of the designated limits, and at such intermediate sites that markers
are approximately 75 miles apart.
The TMUTCD offers similar guidance for conventional roads and streets in
Section 2D.48.
Sign Placement Standards
Frequency of Markers for Highways. For memorial marker and named marker
highways, Texas statutes allow for intermittent markers every 75 miles and one
marker on each end of the designated highway.
Examples:
• Example 1: A designated highway is 140 miles long, so it gets one marker
at each end and one in each direction at the 75 mile point from each and
approximately,
• Example 2: A designated highway is 100 miles long, so it is eligible for a
marker on each end and the 50 mile points for each direction, This highway
technically would have the intermittent markers at 75 miles, but it makes more
sense in this case to place the markers midway as long as the entire length is
more than 75 miles. However, the literal interpretation can also be applied if
necessary and if the sites are available.
The main-lane signs, when used, should be located at a safe and non-obtrusive
site just after the beginning of the designated highway, typically within 1/a to 3/a
mile if practical. Markers in rest areas, scenic areas, turn-outs, etc. may by
located wherever practical. Sometimes only one marker will be erected,
01/16/2007 12: 04 4090985732 TXDOT TRAFFIC PAGE 08/09
sponsor's request. Signs should not be posted on the main
depending on the spo q g p
lanes, unless it is impractical to do otherwise. The exception is for routes
designated by the Legislature. In this case a precedent has been set to install
signs on the main lanes always and to follow other specific instructions contained
in the statute.
If More Than One Numbered Highway Is Involved. Occasionally a memorial
marker or named marker highway follows the path of more than one numbered
highway, In such cases, each differently numbered segment of the named
highway will receive a marker at each end and, if a segment is more than 75
miles in length, intermittent markers every 75 miles.
For Bridges and Other Structures. For memorial marker and named marker
bridges and other structures the marker should be installed out of sight of the
main lanes, if.practical. Generally only one plaque or marker is furnished by local
authorities for installation in a viewing area. Sometimes one sign on each
approach is required if the legislature is involved, or if there are no practical
viewing areas, then a sign is required on the main lanes.
Sign]design Standards
For Non-Highway Viewing. Memorial marker and named marker highway and
structure signs not facing the main lanes (those mounted in rest areas, picnic
areas, turnouts, parking areas, etc.) should be simple in design and relatively
small. If a sign is used, it should have a green background with white legend. If a
plaque or marker is used, it should have a black or green background with a
white, aluminum, or silver legend. Some variation may be allowed as long as the
design is in good taste. None of these signs or markers (plaques) located off the
main lanes need to be reflective, The legend size must be for pedestrian reading,
not for high speed traff ic viewing, generally one-inch letters or smaller, They
should be limited in size to what will fit on one pipe support. Signs with
breakaway features should be used if subject to impact by vehicles traveling
more than 10 mph, Plaques and markers need to be protected or placed well out
of the clear zone, since these are not breakaway tested.
For Highway Viewing. Memorial marker and named marker highway and
structure signs mounted for viewing from highway lanes fall under the category of
general information signs. They must be reflective with green background and
white legend. The lettering standard, varies according to the highway type, as
follows:
�
�'`7''-'- Signs Mounted for Viewing from Highway Lanes
( Marker and Named Marker
Highways and Structures)
01/16/2607 12: 04 4098985732 TXDOT TRAFFIC PAGE 09/09
Highway Type Typical Lettering Standard .
Freeways Clearview font with
(including uppercase sized at 13.3 in.
Expressways) (Clearview font
automatically sizes the
lowercase at 10 in.)
Note: This is essentially
the same size as
the place name for
supplemental
freeway signs in
the current
TMUTCD;
however,the
TMUTCD does not
mention
expressways or
the lowercase
sizes_
Con
ventional lClearview font with
Highways uppercase of Bin
lowercase 6 in.
Exceptions to Signing Standards
Signs for Designated Highways. For memorial marker and named marker
highways, exceptions to the above sign placement standards are made in
accordance with legislative requirements or where there are no other suitable
alternatives. Occasionally legislation has called for signs on the main lanes and
at specific spacings. In these cases the highway number and memorial or name
designation are both on the same sign and on the main lanes.
Signs for Bridges and Other Structures. For memorial marker and named
marker bridges and other structures, exceptions to the above sign placement
standards are made in accordance with legislative requirements or where there
are no other suitable alternatives, For example, in special cases involving a
legislative request or lack of a practical viewing area, a general information sign
carrying the name of the structure is installed on the main lanes.
RESOLUTION NO.
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City of Beaumont supports a request by the Golden Triangle Military Order of the
Purple Heart Chapter 1991 to name the bridge over the Neches River (currently referred
to as the "Neches River Bridge") "Purple Heart Memorial Bridge."
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
January, 2007.
- Mayor Guy N. Goodson -
2
January 23, 2007
Consider approving amendments to Chapter 1 of the Code of Ordinances
MAW
Cit Council y ncil Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 17, 2007
REQUESTED ACTION: Council consider amendments to Chapter 1 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 1 of the Code of
Ordinances.
BACKGROUND
The last new codification and full review of the City's Code of Ordinances was 29 years ago in 1978.
Since that time,there have been numerous organizational and operational changes that are not fully
reflected in the codes. It is important that the full set of codes be periodically updated, so that they
are clear and consistent, function as intended, and comply with state and federal laws.
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances and described the amendments recommended for Chapter 1.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Proposed Amendments to the City's Code of Ordinances
of the City of Beaumont
Chapter 1 General Provisions
Section 1-2 Rules of Construction
"Court" is amended to specify it is the Beaumont court.
"Public Place" is amended to reflect the intent normally associated with the term.
• PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
July, 1978.
TABLE INSET:
Is/Maurice Meyers
Mayor
ATTEST:
/s/Myrtle Corgey
City Clerk
PART I CHARTER*
*Editor's note: The charter, adopted December 6, 1947, is not set out herein. It was
revised on January 25, 1972. Pamphlets thereof are on file in the office of the city clerk.
PART II CODE OF ORDINANCES
Chapter 1 GENERAL PROVISIONS
Sec. 1-1. How Code designated and cited.
• The ordinances embraced in this and the following chapters and sections shall
constitute and be designated the "Code of Ordinances, City of Beaumont, Texas" and
may be so cited.
Charter references: Authority to codify ordinances, Art. X, § 9.
State law references: Authority to adopt code of ordinances, VTCS, Art. 1176a.
Sec. 1-2. Rules of construction.
In the construction of this Code, and of all ordinances, the following rules shall be
observed, except as otherwise provided in this Code, or unless the context clearly
indicates otherwise:
City. The words "the city" or "this city" shall be construed as if the words "of
Beaumont, Texas" followed them and shall extend to and include its several officers,
agents and employees.
City council, governing body. Whenever the term "city council," "council" or
"governing body" is used, it shall be construed to mean the city council of the City of
Beaumont, Texas.
Computation of time. Whenever a notice is required to be given or an act to be
done, a certain length of time before any proceeding shall be had, the day on which such
notice is given, or such act is done, shall be counted in computing the time, but the day
• on which such proceeding is to be had shall not be counted.
County. The words "the county" or "this county" shall mean the County of
• Jefferson, in the State of Texas.
Court, municipal court. Whenever the term "court" or "municipal court" is used
herein, it shall mean the municipal court of the eCity of Beaumont.
Gender. A word importing the masculine gender only shall extend and be applied
to females and to firms, partnerships and corporations as well as to males.
Number. A word importing the singular number only may extend and be applied
to several persons and things as well as to one person and thing.
Oath. The word "oath" shall be construed to include an affirmation in all cases in
which, by law, an affirmation may be substituted for an oath, and in such cases the
words "affirm" and "affirmed" shall be equivalent to the words "swear" and "sworn."
Or, and. "Or" may be read "and," and "and" may be read "or" if the sense
requires it.
Owner. The word "owner," applied to a building or land, shall include any part
owner,joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the
entirety, of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs,
societies, firms, partnerships, trustees, receivers and bodies politic and corporate as well
as to individuals.
Personal property includes every species of property except real property.
Preceding, following. The words "preceding" and "following" mean next before
and next after, respectively.
Property shall include real and personal property.
Public place. Unless_otherwise defined, Tthe term "public place" shall
means any place to which the public or a substantial groups of the public has access,
and includes, but is not limited to, any street or-ether- publie way highway; park;
cemetery; and the common areas of any school
hospital, apartment house, office building, transport facility, and shop; any beach, canal
or other waterway and any portion of an area, building, or other structure or vehicle that
is not used for private residential purposes.
Sidewalk. The word "sidewalk" shall mean any portion of a street between the
curbline and adjacent property line, intended for the use of pedestrians, excluding
parkways.
Signature or subscription. The word "signature" or "subscription" shall include a
mark when the person cannot write.
State. The words "the state" or "this state" shall be construed to mean the State
of Texas.
Street. The word "street" shall be construed to embrace streets, avenues,
boulevards, roads, alleys, lanes, viaducts and all other public highways in the city.
Tense. Words used in the present or past tense shall include the future as well
as the present or past.
• Writing. The word "writing" or"written" shall include printing on paper.
• VTCCP. Such letters when used herein shall refer to Vernon's Annotated Texas
Statutes, Code of Criminal Procedure.
VTCS. Such letters when used herein shall refer to Vernon's Annotated Texas
Statutes, Civil Statutes.
VTPC. Such letters when used herein shall refer to Vernon's Annotated Texas
Statutes, Penal Code.
State law references: For relevant definitions under state law, see VTCS, Art. 23.
Sec. 1-3. Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are
intended as mere catchwords to indicate the contents of the sections and shall not be
deemed or taken to be the titles of such sections, nor as any part of the sections, nor,
unless expressly so provided, shall they be so deemed when any of such sections,
including the catchlines, are amended or reenacted.
Sec. 1-4. Effect of repeal of ordinances.
The repeal of an ordinance shall not revive any ordinance in force before or at
the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred
before the repeal took effect, nor any suit, prosecution or proceeding pending at the time
• of the repeal, for an offense committed or cause of action arising under the ordinance
repealed.
Sec. 1-5. Severability of parts of Code.
The sections, subsections, paragraphs, sentences, clauses and phrases of this
Code are severable, and if any phrase, clause, sentence, paragraph, subsection or
section of this Code shall be declared unconstitutional or otherwise invalid by the valid
judgment or decree of a court of competent jurisdiction, such unconstitutionality or
invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
subsections and sections of this Code.
Sec. 1-6. Amendments to Code; amendatory language.
All ordinances passed subsequent to this Code of Ordinances, which amend,
repeal or in any way affect this Code of Ordinances may be numbered in accordance
with the numbering system of this Code and printed for inclusion herein. In the case of
repealed chapters, sections and subsections or any part thereof, by subsequent
ordinances, such repealed portions may be excluded from the Code by omission from
reprinted pages affected thereby.
Amendments to any of the provisions of this Code may be made by amending
such provisions by specific reference to the section (or subsection of a specific section)
number of this Code in substantially the following language: "That section (or subsection
• of section) of the Code of Ordinances of Beaumont, Texas, is
hereby amended to read as follows: " The new provisions shall then be set out in full
as desired.
• In the event a new section not heretofore existing in the Code is to be added, the
following language may be used: "That the Code of Ordinances of Beaumont, Texas, is
hereby amended by adding a section, to be numbered , which said section
reads as follows: . . . " the new section shall then be set out in full as desired.
All subsections, sections, articles, chapters or provisions desired to be repealed
must be specifically repealed by subsection, section, article or chapter number, as the
case may be.
Sec. 1-7. Altering Code.
It shall be unlawful for any person in the city to change or amend, by additions or
deletions, any part or portion of this Code or to insert or delete pages, or portions
thereof, or to alter or tamper with such Code in any manner whatsoever except by
ordinance or resolution or other official act of the city.
Sec. 1-8. General penalty.
It shall be unlawful for any person to violate or fail to comply with any provision of
this Code and where no specific penalty is provided therefor, the violation of any
provision of this Code shall be punished by a fine not exceeding five hundred dollars
($500.00); provided, where such fine is for an offense for which the state law imposes a
fine, the fine imposed by the municipal court shall be the same as the fine for such like
offense under the state law. Each day any violation of any provision of this Code shall
• constitute a separate offense.
(Ord. No. 92-27, § 1, 3-24-92)
Sec. 1-8.1. Culpable mental state required as element of criminal offense;
exception.
In each instance in which a criminal offense is established in this Code of
Ordinances and any amendment thereto, if the definition of that offense does not
prescribe a culpable mental state, a culpable mental state is nevertheless required
unless the definition plainly dispenses with any mental element.
(Ord. No. 82-47, § 1, 5-11-82; Ord. No. 87-7, § 1, 2-10-87; Ord. No. 92-28, § 1, 3-24-92)
Sec. 1-9. Reserved.
Editor's note: Pursuant to provisions of Ord. No. 83-65, §§ 1, 2, adopted June 21,
1983, and approved by the electorate Aug. 13, 1983, § 1-9, derived from Code 1958, §
1-16, establishing wards of the city, has been repealed, and the city has been divided
into four wards for voting purposes only. Such wards are not described herein, but are
attached to Ord. No. 83-65 and designated Exhibits A, B, C, and D. Such ordinance and
exhibits are on file in the office of the city clerk. Ord. No. 83-151, § 1, adopted Nov. 22,
1983, amended Ord. No. 83-65 by renumbering Ward I as Ward II and Ward II as Ward
I, and setting out the descriptions thereof. Ord. No. 90-69, § 1, adopted Nov. 20, 1990,
provided amended boundary descriptions of Wards I--IV. Ord. No. 91-33, § 1, adopted
• April 4, 1991, repealed the provisions of Ord. No. 90-69.
• ORDINANCE NO.
ENTITLEDAN ORDINANCE AMENDING PART II, CHAPTER 1, SECTIONS
1-1 AND 1-2, AMENDING THE DEFINITIONS OF "MUNICIPAL COURT"
AND "PUBLIC PLACE" AS USED IN THE CODE OF ORDINANCES;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL.
WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible,
and cohesive Code of Ordinances; and,
WHEREAS, the City is therefore revising its Code to comport with current law and
court interpretation; and,
WHEREAS, the following definitions need updating;
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
That Part II, Chapter 1, Section 1-1 be and the same is hereby amended by
amending the caption to read as follows:
Sec. 1-1. How Code is designated and cited.
Section 2.
That Chapter 1, Section 1-2 of the Code of Ordinances of the City of Beaumont be,
and the same is hereby, amended by amending the definitions of the terms "public place"
and "court, municipal court" to read as follows:
Sec. 1-2. Rules of construction.
In the construction of this Code, and of all ordinances, the following rules shall be
observed,except as otherwise provided in this Code, or unless the context clearly indicates
otherwise:
Court, municipal court. Whenever the term "court" or "municipal court" is used
herein, it shall mean the municipal court of the City of Beaumont, Texas.
Public place. Unless otherwise defined, The term "public place" means any place
to which the public or a substantial group of the public has access, and includes, but is not
limited to, any street or highway; park; cemetery; and the common areas of any school,
limited to, any street or highway; park; cemetery; and the common areas of any school,
hospital, apartment house, office building, transport facility, and shop; any beach, canal or
other waterway; and any portion of an area, building, or other structure or vehicle that is
not used for private residential purposes.
Section 3.
That if any section, subsection, sentence, clause, or phrase of this ordinance, orthe
application of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 23rd day of
January, 2007.
- Mayor Guy N. Goodson -
• 3
January 23, 2007
Consider approving amendments to Chapter 2 of the Code of Ordinances
M�
11 ..7eijl
City Council Agenda Item
' = .
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 17, 2007
REQUESTED ACTION: Council consider amendments to Chapter 2 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 2 of the Code of
Ordinances.
BACKGROUND
At a worksession on January 16, staff discussed the process to be used to update the Code of
Ordinances and described the amendments recommended for Chapter 2. Proposed amendments are
attached for you review.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Proposed Amendments to the Code of Ordinances
of the City of Beaumont
Chapter 2 Administration
Sections
2-3.2, modified to comply with the state law which governs the timing of elections.
2-3.3, deleted, rendered unnecessary by 1986 Charter which provided for compliance
with state purchasing procedures.
2-38 to 2-44, select sections modified to reflect changes in emergency management titles
and practices.
2-49, deleted, committee is no longer functioning.
2-84 to 2-103, select sections modified to reflect use of digital records technology rather
than microfilm.
Proposed Amendments to the Code of Ordinances of the City of Beaumont
Based on the workshop session held on January 16, 2007, the proposed language for
section 2-3.2 is being revised to read as listed below and replaces the language listed in
the attachment.
Sec. 2-3.2. Run-off elections.
Run-off elections in the City of Beaumont shall be held in accordance with the Texas
E lcction Code, arnendedon the next to the last Sa 'y following any genefal
cteetion in ,hi„h E ftt 3-H
(Ord. No. 87-94, § 1, 12-22-87)
Editor's note: 87-94, § 1, adopted Dec. 22, 1987, did not specifically amend the Code,
hence inclusion herein as § 2-3.2 was at the discretion of the editor.
•
•
I
Chapter 2 ADMINISTRATION*
"Editor's note: Ord. No. 84-163, § 1, adopted Dec. 11, 1984, amended the Code by
repealing former Ch. 2, administration, and enacting in lieu thereof a new Ch. 2, §§2-1--
2-48 to read as herein set out. Prior to repeal, former Ch. 2 was derived from the 1958
Code, §§2-3-2-5, 2-9--2-9.5, 2-10, 2-11, 2-13, 2-14, 29-2.1--29-2.4, 42-2, 42-5, 42-6:
and the following legislation:
TABI.E INSET:
Ord No. Date Section
75-62 10-7-75 1
76-27 2-24-76 1
76-63 5-18-76 1
76-70 6-8-76 1
77-97
77-98 9-6-77 1
80-76 7-29-80 1
80-83 &19-80 1
TABLE INSET:
Ord-NG-
Ord No. Date M
80-112 11-4-80
81-12 2-17-81
82 29 3-23-82
83-03 1-18-83
83-92 8-23&3
83-93 8.30-83 1-3,5-7
8443 3-20-84 2_7
84-86 14-26-84 E124
Cross references: Flood control board, §6-34 et seq.; electrical board of review, §8-
70 et seq.; plumbing and mechanical board of review, §6-140 et Seq., housing board of
appeals, § 14-6; fair housing administrator, § 14-32; parks and recreation committee, §
20-2;firemen's and policemen's civil service commission, §21-72; zoning board of
adjustment, §30-37.
Art. 1. In General,§§2-1-2-3.3
Art. H. Departments,Divisions and Organization,§§2-4-2-27
Art. Ill. Boards, Commissions and Other Committees,§§2-28-2-60
Art Iv. Restrictions on Certain Business Transactions,§§2-61--2-80
Art. V City Records,§§2-81-2-104
Div. 1. Generally,§§2-81-2-90
Div.2 Records Management Program,§§2-91-2-104
ARTICLE I. IN GENERAL
Sec. 2-1. Officers and their duties.
The officers of this city shall be such as are provided for in the city charter and
• the ordinances of the city, and they shall perform the duties as are therein provided. It is
the intention of the city council in the enactment of this chapter to provide exclusively for
the city's administrative chain under the direction of the city manager. All administrative
offices or responsibilities not established by this chapter or by the charter, and which are
not otherwise specifically assigned to a department created by this chapter, shall be
deemed to be offices under the direct supervision and control of the city manager, and
he may assign same, at his discretion, to any department or division created by this
chapter.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-2. Transfer of employees between departments and divisions
authorized.
In order to expedite the work of any department and to administer an increase in
duties which may evolve upon any department, or to cope with periodical seasonal
changes, the city manager is hereby empowered to transfer employees temporarily from
one department to perform similar duties in another department. Similarly, each
department director shall have the power to transfer employees from one division to
another within his department. This section shall not be construed to permit transfers of
employees in violation of civil service law.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-3. Reserved.
• Editor's note: Section 2-3, pertaining to microfilming of public records, has been
redesignated as § 2-84 for purposes of classification.
Sec. 2-3.1. City attorney's office to settle general liability claims; maximum
amount.
The city attorney's office is hereby authorized to negotiate and/or settle any
general liability claim or lawsuit in an amount not to exceed two thousand five hundred
dollars ($2,500.00) per occurrence. A claim or lawsuit involving property damage only
may be settled by the city attorney's office with the concurrence of the city manager in an
amount not to exceed ten thousand dollars ($10,000.00) per occurrence.
(Ord. No. 86-116, § 1, 11-25-86; Ord. No. 96-48, 9-3-96)
Sec. 2-3.2. Run-off elections.
Run-off elections in the City of Beaumont shall be held on the next to the "„-+
E;ecorid Saturday -following any general election in which a run-off is required.
(Ord. No. 87-94, § 1, 12-22-87)
Editor's note: 87-94, § 1, adopted Dec. 22, 1987, did not specifically amend the Code,
hence inclusion herein as § 2-3.2 was at the discretion of the editor.
• Sec. 2-3.3. Reserved Procedure#e
i - and servoees. ,
T-he-#ellew+agpeeedare sh- ,al; be used ,
f d n s when YttC-funds t6 be used.feF said ptiFehase have
been budgeted ar►fi r+ateE[-by4lie-e�-eetmc4i ,- sueh 'tern „ e d�
twe
eitr-eietn, Upee fegeest of the pffehasing agent and appFeval by th-e
e4 -manageF-sda+l advertise fer
the City ef Beaument.
--- Bids shall be epened-
„e--as-set eut in
siiaii be e ed 4r,,-+h. e0ty U=itfArnpy
and the e-ity eleFk, er'their
All . ..ha " 4•,r*aets t$pureha'se mateFials, equipment, supplies,$r
..hall be awarded by -•.�+., -
(Ord-fe 74-12, § 11,-2 5 74) " `Y
Editor's note: Ord. No. 74-12, § 1, adopted February 5, 1974, did not specifically
amend the Code; hence, inclusion herein as § 2-3.3 was at the discretion of the editor.
ARTICLE II. DEPARTMENTS, DIVISIONS AND ORGANIZATION
Sec. 2-4. Establishment of departments and divisions.
• The departments and divisions of the city shall be those which are established
and adopted from year to year in the fiscal budget of the city, except, however, in
accordance with the Charter, there shall be a finance department. The duties of each
department shall be those which are set out in the fiscal budget of the city and may be
amended by the city manager. In accordance with the Charter of the city, the city council
may, by ordinance, discontinue any department or office and may prescribe, combine,
distribute or abolish the functions and duties of any and all departments and offices other
than the finance department.
(Ord. No. 86-98, § 2, 9-23-86)
Secs. 2-5--2-22.1. Reserved.
Editor's note: Section 1 of Ord. No. 86-98, enacted Sept. 23, 1986, repealed former
§§ 2-4--2-22.1, all of which pertained to various departments of the city and derived from
the following ordinances: Ord. No. 84-163, § 1, enacted Dec. 11, 1984; Ord. No. 85-98,
§§ 1, 2, enacted Sept. 24, 1985; Ord. No. 86-49, § 2, enacted May 20, 1986; Ord. No.
86-77, § 1, enacted July 29, 1986.
Sec. 2-23. Interlocal police assistant--Authority of police chief.
Pursuant to the provisions of Article 999b, Vernon's Annotated Civil Statutes, the
chief of police of the city is authorized to assign regularly employed law enforcement
personnel of his department to assist any other county or municipality in this state, when
• a state of civil emergency in such other county or municipality has been declared by
proper authority, upon request by such proper authority, and when, in the opinion of
such proper authority, a need exists in such other county or municipality for the services
• of additional law enforcement officers to protect the health, life and property of such
other county or municipality, its inhabitants and the visitors thereto, by reason of riot,
unlawful assembly characterized by the use of force and violence, or threat thereof by
three (3) or more persons acting together or without lawful authority, or during time of
natural disaster or man-made calamity.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-24. Same--Supervision and power of assigned officer.
Whenever any law enforcement officer of any other county or municipality is
assigned to the city, under authority of an order adopted by the governing body of such
other county or municipality, to assist under circumstances as described above which
may exist in this city, such officer shall be a peace officer of this city and shall be under
the command of the chief of police of this city, while so assigned, and he shall have all
the powers of a regular law enforcement officer of this city as fully as though he were
within the county or municipality where regularly employed and his qualification for office
where regularly employed shall constitute his qualification for office in this city, and no
other oath, bond or compensation shall be made.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-25. Same--Compensation and benefits to officer.
When any law enforcement officer of this city is ordered by proper authority to
• perform peace officer duties outside the territorial limits of this city, he shall be entitled to
the same wage, salary, pension and all other compensation and all other rights for such
service, including injury or death benefits, the same as though the service had been
rendered within this city, and he shall also be paid for any reasonable expenses of
travel, food or lodging, as well as for damage to equipment and clothing, and medical
expenses which he may incur while on duty outside this city, or while traveling to or from
such assignment.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-26. Same--Reimbursement to city or county.
When any law enforcement officer is assigned to this city from another county or
city under the circumstances described above, and upon request of the proper authority
of this city, this city will, upon proper request, reimburse the county or city furnishing the
services of such law enforcement officer for his actual expenses of travel, food, lodging
and for such cost of damage to equipment and clothing resulting from the services of
such law enforcement officer in this city and for which the county or city where he is
regularly employed has paid.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-27. Fire department; established; chief, functions.
There is hereby established the fire department, the director of which shall be the
. fire chief. The fire department shall be responsible for the sole command of fires and all
persons within the vicinity of fires; for taking proper measures to extinguish fires; for the
• protection of property from fires; for the preservation of order and observance of laws,
ordinances and regulations relating to fires and the prevention of same; and the
inspection of oil and gas installations. The fire department shall perform such other
duties and functions as may be delegated to it from time to time by the fire chief or the
city manager.
(Ord. No. 84-163, § 1, 12-11-84; Ord. No. 01-022, § 1, 3-20-01)
ARTICLE III. BOARDS, COMMISSIONS AND OTHER COMMITTEES
Sec. 2-28. Reserved.
Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by
repealing former§ 2-28. Former§ 2-28 pertained to the airport advisory committee; and
derived from Ord. No. 84-163, adopted December 11, 1984.
Sec. 2-29. Minimum standards for conduct of commercial aeronautical
services adopted by reference.
The minimum standards and requirements for the conduct of commercial
aeronautical services and activities, minimum standards and requirements for fixed base
operator activities and minimum standards and requirements for specialized aviation
activities as attached hereto as Exhibit "A" and made a part hereof as if copied verbatim
herein are hereby adopted by the city council.
• (Ord. No. 84-163, § 1, 12-11-84)
Editor's note: The standards and requirements referred to in § 2-29 as Exhibit A are
not set forth herein, but are on file and available for inspection in the office of the city
clerk.
Sec. 2-30. Reserved.
Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by
repealing former§ 2-30. Former§ 2-30 pertained to the senior citizens advisory
commission; and derived from Ord. No. 84-163, adopted December 11, 1984; and Ord.
No. 91-13, adopted February 19, 1991.
Sec. 2-31. Planning and zoning commission--Created; members;
vacancies; compensation.
(a) There shall be a planning and zoning commission, which commission shall be
composed of nine (9) members and three (3) alternate members, whose offices
are hereby created and established.
(b) The members of the city planning and zoning commission shall be resident
citizens and qualified voters of this city. The members of the city planning and
zoning commission shall be appointed by the city council. The alternate members
are to be appointed by the mayor subject to the approval of the city council. The
• term of office of each commissioner shall be for three (3) years or until a
successor is appointed. The city council shall appoint one of the commissioners
as chairman and one as vice-chairman of the commission to serve a term of one
• (1)year.
(c) Vacancies occurring on the city planning and zoning commission shall be filled
by appointment by the city council for the unexpired term of the commissioner
being replaced.
(d) The members of the city planning and zoning commission, in the performance of
their duties as such, shall serve without compensation.
(Ord. No. 84-163, § 1, 12-11-84; Ord. No. 03-036, § 1, 5-6-03)
Cross references: Heliports and helistops generally, 2 1/4-21 et seq.; streets and
sidewalks, Ch. 23, subdivision regulations, Ch. 24; zoning, Ch. 30.
Sec. 2-32. Same--Powers and duties.
The city planning and zoning commission shall have the following powers and
duties:
(1) Studies and plans for improving city. To make studies and project plans
for the improvement of the city, with a view as to its future development
and extension and to recommend to the city council all matters for the
development and advancement of the city's facilities, layout and
appearance, and to perform all duties imposed upon the city planning and
zoning commission by the statutes of the state, and specifically by
Chapter 231, Acts of the Regular Session of the 40th Legislature of
• Texas, 1927, the same being Article 974a, Vernon's Annotated Civil
Statutes.
(2) Making plans and maps. To make plans and maps of the whole or any
portion of the city and of land outside the city located within five (5) miles
of the city limits and of any other land outside the city which in the opinion
of the city planning and zoning commission bears a relation to the
planning of the city and to make changes in, additions to and extensions
of such plans or maps when it deems same advisable.
(3) Advise property owners. To confer with and advise private property
owners pertaining to location and erection of private structures with the
view of having same conform to the overall city plan and to advise the
building inspector in the performance of his duties.
(4) Aiding and assisting council on budgets and funds. To aid and assist the
city council in the preparation of budgets and determination of sources of
funds, and in the procuring of financial and other aid and assistance for
the city from the state and federal governments and their agencies, for
each of the purposes herein enumerated.
(5) Assisting other governmental agencies. To act with and assist all other
municipal and governmental agencies, and especially the city council in
formulating and executing proper plans of municipal development.
(6) Street, park and building plans. To plan and recommend the location,
planning and extent of city alleyways, viaducts, bridges, subways,
• parkways, parks, playgrounds, airports, automobile parking places and
other public grounds and public improvements; for the location and
• planning of the public buildings, schools, and other public properties, and
of public utilities, including bus terminals, railroads, railroad depots, and
terminals, whether publicly or privately owned, for water, lights, sanitation,
sewerage, sewage disposal, drainage, flood control, transportation,
communication, marketing and shipping facilities, power and other
purposes, and for the removal, relocation, widening, extension,
narrowing, vacation, abandonment or change or use of any of the
foregoing public places, works, buildings, facilities or utilities.
(7) Recommending streets, etc. To select and recommend to the city council,
routes of streets, avenues and boulevards, and particularly to investigate
and recommend the opening, widening or abandonment of streets,
avenues, boulevards and alleys or the changing thereof to conform with
the city's system, present and future, of boulevards, streets, avenues,
alleyways, parks and parkways.
(8) Reports on new subdivisions. To investigate, consider and report to the
city council upon the layout or platting of new subdivisions of the city or of
property situated within five (5) miles of the city limits, and to approve all
plans, plats or replats of additions within the city limits, or within five (5)
miles of the city limits.
(9) Recommending rules for platting and subdividing. To recommend to the
city council for adoption and promulgation rules and regulations governing
plats and subdivisions of land within the corporate limits of the city or
within five (5) miles of the corporate limits of the city to promote the
• health, safety, morals and general welfare of the community, and the
safe, orderly and healthful development of such community. Such rules
and regulations may be adopted by the city council only after public
hearing held thereon.
(10) Plan for parks and watercourses. To recommend plans to the city council
for improving, developing, expanding and beautifying the parks,
parkways, bayous and streams, riverfront and yacht basins in or adjoining
the city and cooperate with the city council and other agencies of the city
in devising, establishing, locating, improving, selecting, expanding and
maintaining the public parks, parkways, playgrounds and places for public
recreation.
(11) Zone boundaries. The city planning and zoning commission shall have
the power to recommend the boundaries of the various original districts or
zones, to recommend appropriate regulations to be enforced therein, to
make their preliminary report as to such zoning districts and regulations,
and to hold a public hearing or public hearings on the same before
submitting a final report, and to submit a final report to the city council and
to perform all other duties and statutes of the state, and specifically by
Chapter 283, Acts of the Regular Session of the 40th Legislature of
Texas, 1927, the same being Articles 1011 a to 1011 j, Vernon's Annotated
Civil Statutes.
(12) Slum clearance. To suggest plans for clearing the city of slums and
• blighted areas.
(Ord. No. 84-163, § 1, 12-11-84)
• Sec. 2-33. Same--Organization, meetings.
The city planning and zoning commission shall, subject to the approval of the city
council, make such rules and regulations and adopt such bylaws for its own government
and designate such times and places for holding meetings as it deems proper. Five (5)
regular and/or alternate members of the city planning and zoning commission shall
constitute a quorum for the transaction of business.
(Ord. No. 84-163, § 1, 12-11-84; Ord. No. 03-036, § 2, 5-6-03)
Sec. 2-34. Community development advisory committee--Established.
There is hereby established a community development advisory committee to be
composed of twenty-one (21) members who are resident citizens of the city. The
members of the community development advisory committee shall be appointed by the
city council for two-year terms. The city council shall name one of the members as
chairman and one as vice-chairman. Vacancies shall be filled by the city council for the
unexpired term. Members of the committee shall serve without compensation.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-35. Same--Secretary.
The director of planning and zoning or his designee, shall serve as secretary of
the committee without vote. The duties of the secretary will be as follows:
(1) To serve as a nonvoting member;
(2) To attend all meetings of the committee and of its appointed committees;
(3) To maintain a record of all activities of the committee;
(4) To provide the committee with all information necessary for the
performance of its duties;
(5) To submit a proposed agenda to the committee chairman and members;
(6) To invite the participation of the interested parties concerned with topics
of the agenda;
(7) To coordinate the attendance of staff personnel of the city;
(8) To introduce items on the agenda and present applicable information as
shall be necessary to aid in resolving problems;
(9) To provide such clerical-administrative support as is required by the
committee;
(10) To arrange for all meetings to be held as directed by the chairman of the
committee.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-36. Same--Duties and responsibilities.
• The duties and the responsibilities of the community development advisory
• committee shall be as follows:
(1) To act as an advisory board to the city council and the city manager;
(2) To recommend objectives to the city for the community development
block grant program;
(3) To assist the city council and the city manager's staff in planning for a
continuing program of community development;
(4) To meet as required by the chairman of the committee or the secretary,
with regular meetings to be held not less than once every calendar
quarter;
(5) To keep the city council and the city manager's staff informed of current
trends and to recommend changes and improvements which will update
the community development and housing assistance plan;
(6) To study the needs of the city and make recommendations to the city
council for its physical redevelopment.
(Ord. No. 84-163, § 1, 12-11-84)
Sec. 2-37. Emergency management; director; organization of program.
(a) Office of director. There exists the office of emergency management director of
the city, which shall be held by the mayor in accordance with state law.
• (b) Emergency management coordinator. An emergency management coordinator
shall be appointed by and serve at the pleasure of the director.
(c) Responsibility for emergency management program. The director shall be
responsible for a program of comprehensive emergency management with the
city and for carrying out the duties and responsibilities set forth in Ordinance No.
87-25 [sections 2-37 through 2-44]. He may delegate authority for execution of
these duties to the coordinator.
(d) Emergency management organization; composition; functions and duties. The
operational emergency management organization of the city shall consist of the
officers and employees of the city so designated in the emergency management
plan, as well as organized volunteer groups. The functions and duties of this
organization shall be distributed among such officers and employees in
accordance with the terms of the emergency management plan.
(Ord. No. 87-25, § 1, 4-14-87)
Editor's note: Ordinance No. 87-25, § 1, adopted April 14, 1987, repealed former§§
2-37--2-48, which sections pertained to the civil defense council and derived from Ord.
No. 84-163, § 1, adopted Dec. 11, 1984. Section 2 of Ord. No. 87-25 enacted new
provisions designated as §§ 2-37--2-44 to read as herein set out.
Sec. 2-38. Emergency management director; powers and duties.
The duties and responsibilities of the emergency management director shall
• include the following:
• (1) Conduct an on-going survey of actual or potential hazards which threaten
life and property within the city and an on-going program of identifying
and requiring or recommending the implementation of measures which
would tend to prevent the occurrence or reduce the impact of such
hazards if a disaster did occur.
(2) Supervision of the development and approval of an emergency
management plan for the city, and shall recommend for adoption by the
city council, all mutual aid arrangements deemed necessary for the
implementation of such plan.
(3) Authority to Feeem -that theayeFdeclare a local state of disaster.
The declaration may not be continued or renewed for a period in excess
of seven (7) days except by or with the consent of the city council. Any
order or proclamation declaring, continuing or terminating a local state of
disaster shall be given prompt and general publicity and shall be filed
promptly with the city clerk.
(4) Reeernmend -4he-+issuance of necessary proclamations, regulations or
directives which are necessary for carrying out the purposes of sections
2-37 through 2-44. Such proclamations, regulations, or directives shall be
disseminated promptly by means calculated to bring its contents to the
attention of the General public and, unless circumstances attendant on
the disaster prevent or impede, promptly filed with the city secretary.
(5) Direction and control of the operations of the Beaumont Emergency
• Management Organization as well as the training of emergency
management personnel.
(6) Determination of all questions of authority and responsibility that may
arise within the emergency management organization of the city.
(7) Maintenance of liaison with other municipal, county, district, state,
regional or federal emergency management organizations.
(8) Marshaling of all necessary personnel, equipment or supplies from any
department of the city to aid in the carrying out of the provisions of the
emergency management plan.
(9) Coordination and review [of] the drafting and execution of mutual aid
agreements, in cooperation with the representatives of the state and of
other local political subdivisions of the state, and the drafting and
execution, if deemed desirable, of an agreement with the county in which
said city is located and with other municipalities within the county, for the
countywide coordination of emergency management efforts.
(10) Supervision and procurement of all necessary supplies and equipment,
including acceptance of private contributions which may be offered for the
purpose of improving emergency management within the city.
(11) Authorizing of agreements, after approval by the city attorney and city
council for use of private property for public shelter and other purposes.
• (12) Survey of the availability of existing personnel, equipment, supplies and
services which could be used during a disaster, as provided for herein.
i
(13) Other requirements as specified in Texas Disaster Act, 1975 (Vernon's
Texas Codes Annotated, Government Code, Chapter 418).
(Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 1, 12-14-93)
Note: See the editor's note following § 2-37.
Sec. 2-39. Emergency management program.
A comprehensive emergency management program shall be developed and
maintained in a current state. The plan shall set forth the form of the organization,
establish and designate divisions and functions, assign responsibilities, tasks, duties,
and powers and designate officers and employees to carry out the provisions of sections
2-37 through 2-44. When approved, it shall be the duty of all departments and agencies
to perform the functions assigned by the plan and to maintain their portion of the plan in
a current state of readiness at all times. The emergency management plan shall be
considered supplementary to Ordinance No. 87-25 and have the effect of law during the
time of a disaster. The city manager is hereby authorized to revise the plan from time to
time to keep it current. Such changes shall be effective when filed with the city clerk.
(Ord. No. 87-25, § 1, 4-14-87)
Note: See the editor's note following § 2-37.
Sec. 2-40. Interjurisdictional program.
• The mayor is hereby authorized to join with the county judge of County of
Jefferson and the mayors of the other cities in said county in the formation of an
interjurisdictional program for the County of Jefferson and shall have the authority to
cooperate in the preparation of an interjurisdictional emergency management plan and in
the appointment of an--+nte6ur4sd6etienal -e �Regional
Incident Commander, as well as all powers necessary to participate in a countywide
program of emergency management insofar as said program may affect the city.
(Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 1, 12-14-93)
Note: See the editor's note following § 2-37.
Sec. 2-41. Override.
At all times when the orders, rules and regulations made and promulgated
pursuant to sections 2-37 through 2-44 shall be in effect, they shall supersede and
override all existing ordinances, orders, rules and regulations insofar as the latter may
be inconsistent therewith.
(Ord. No. 87-25, § 1, 4-14-87)
Note: See the editor's note following § 2-37.
Sec. 2-42. Liability.
Ordinance No. 87-25 is an exercise by the city of its governmental functions for
• the protection of the public peace, health, and safety and neither the city, the agents and
representatives of said city, nor any individual, receiver, firm, partnership, corporation,
• association or trustee, nor any of the agents thereof, in good faith carrying out,
complying with or attempting to comply with any order, rule or regulation promulgated
pursuant to the provisions of sections 2-37 through 2-44 shall be liable for any damage
sustained to persons as the result of said activity. Any person owning or controlling real
estate or other premises who voluntarily and without compensation grants to the city a
license of privilege, or otherwise permits the city to inspect, designate and use the whole
or any part or parts of such real estate or premises for the purpose of sheltering persons
during an actual, impending or practice enemy attack or natural or man-made disaster
shall, together with his successors in interest, if any, not be civilly liable for the death of
or injury to any person on or about such real estate or premises under such license,
privilege or other permission or for loss of or damage to the property of such person.
(Ord. No. 87-25, § 1, 4-14-87)
Note: See the editor's note following § 2-37.
Sec. 2-43. Commitment of funds.
No person shall have the right to expend any public funds of the city in carrying
out any emergency management activity outside the normal process when not in an
emergency situation nor shall any person have any right to bind the city by contract,
agreement or otherwise without prior and specific approval of the city council unless,
during a disaster, the emergency management director may expend and/or commit
public funds of the city when deemed prudent and necessary for the protection of health,
life or property.
• (Ord. No. 87-25, § 1, 4-14-87)
Note: See the editor's note following § 2-37.
Sec. 2-44. Violations; penalties.
(a) It shall be unlawful for any person wilfully to obstruct, hinder or delay any
member of the emergency management organization in the enforcement of any
rule or regulation issued pursuant to sections 2-37 through 2-44, or to do any act
forbidden by any rule or regulation issued pursuant to the authority contained in
these sections.
(b) It shall likewise be unlawful for any person to wear, carry or display an emblem,
insignia or any other means of identification as a member of the emergency
management organization of the city unless authority to do so has been granted
to such person by the property officials.
(e) Arty--upa-u#ier+-zed--pefsefr-wh,& deviee-o-as4e
s+fflttlate-a cova nirf-
�rf-vieaa4en-ef-",,� etiens signal, 37 thFGugh-2 44 and peft [tl
impes -d--by these seetiens,
(dc) Conviction for violations of the provisions of sections 2-37 through 2-44 shall be
punishable by a fine not to exceed five hundred dollars ($500.00).
(Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 2, 12-14-93)
• Note: See the editor's note following § 2-37.
• Secs. 2-45--2-48. Reserved.
Note: See the editor's note following § 2-37.
Sec. 2-49. Reserved Advisory -in for the prevention of ehi
apse-and neglect
There 4s hereby eFeated a Beaumeent Advisery Gemmissien for the PFeventi n „f
Gh4ld Buse-ai- -Negleet-eernpesed of-twenty, eRe (21 fffeffvbei�s-�--who are inteFested
4nd4v4dt>als-and aF+d eFganizatiens funetiening within the-"
of Beaurneet whe are4nvelved-
advise ef rnm+ss+en
e4ty sf
Abuse--and- Negleef- shall-be—appe4ited-by-the 6ty eeuneil. -Of the twenty-ene--(24)
rr,embers-f,4rL4 4 { 43 a terms-ef w afs and
seven 7-)--�'tTCtitt7G`a'p'peinte of th (3) yeaFS; +h.�, .,f e _ the term �
d-fer-a--term�, .,„cc
each fneffibei-Sl�-be4Rie+2�-yeaf-s 6 until a sueeesser is-appeinted. The eh.-,'F.....sen
aed -viee-ehaiFpeFSeft of-tt�e--f 3mm+sS4@f�
aea-ei sh ,l h„_4ho._,.+ EL-I�l h�f l T-ltise----danpepxApiiff�eted d--term.- kjv e e-me4tye-r s-ef-tE ife
Beau WGem man4ef :
the PFeven -_f_1 1`leglee shall
serve w�4tl�eaf- -_sha#-be-_ �F- e
reme*/'ctt--at#t _ V�.Wltt.-and pleasuf Af-he-e�4y-eettne.,f..1..,1The duties E)f the- ,e ur e 1
��Ammi'i@ fer--the of -Abuse and Neel et ,.ha#-be--arnseq�-4n-fhit{tF�
and-A-shall--advise-#lle-�4ty e9t�e4�end-tl�'-�ify�aaage� Ifs matte FS-relating�7 to-the
• ffevent+en of-eb4d-abuse--affd-neg4eet:
(8f4.Ne. 86-64-1-_-I--, 6-3-86)
Sec. 2-50. Reserved.
Editor's note: Ord. No. 90-47, § 1, adopted Aug. 21, 1990, amended the Code by
deleting § 2-50 in its entirety. Section 2-50 pertained to the health advisory board and
derived from Ord. No. 87-43, § 1, adopted June 9, 1987.
Sec. 2-51. Reserved.
Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by
repealing former§ 2-51. Former§ 2-51 pertained to the sister city commission; and
derived from Ord. No. 87-87, adopted November 17, 1987.
Sec. 2-52. Small business revolving loan fund board.
There is hereby created a small business revolving loan fund board composed of
nine (9) members who are resident citizens and voters of the city. The board shall
consist of at least one member from local financial institutions, at least one member from
the small business assistance center at the John Gray Institute, two (2) members from
small and minority business or community organizations, two (2) members from the
citizens advisory committee of the community development block grant program, the city
finance officer, and two (2) members at-large. Of the initial nine (9) members, four (4)
shall be appointed for a term of three (3) years and three (3) shall be appointed for a
• term of two (2) years, thereafter, the term of office of each board member shall be for
• two (2) years or until a successor is appointed. The board shall elect from its
membership officers and committee chairs, as necessary. The board's duties, among
others, shall be to review requests for small business revolving loans and to approve
loan packages under the program. The board shall report to the city council as
requested concerning the effectiveness of the program and advise city council
concerning potential improvements to the structure and procedures of the program. That
the city manager be, and he is hereby, authorized to take all necessary action including
litigation to collect delinquent accounts resulting from loans made from the small
business revolving loan fund.
(Ord. No. 87-92, § 1, 12-8-87; Ord. No. 91-23, § 1, 3-5-91)
Sec. 2-53. Establishment of general procedures concerning appointment,
term, attendance, qualifications and duties of boards and commissions.
(a) City boards and commissions and their duties and responsibilities shall be
established by ordinance. The size of the membership of the board shall be
determined by the city council and, to the extent not conflicting with existing
ordinances, members of boards and commissions shall be appointed for two-
year overlapping terms. Boards and commissions shall contain an odd number of
members with each council member having an equal number of nominations to
the committee except that the mayor may nominate one additional member.
Appointment shall be by the city council.
(b) Reserved.
(c) The mayor shall appoint the chair and vice-chair of all boards and commissions
when the ordinance establishing the board or commission does not provide
otherwise. The appointment of chair and vice-chair shall be for one-year terms
with a limit of two (2) consecutive years of service as chair and two (2)
consecutive years service as vice-chair of the committee. Those members
having served as chair or vice-chair shall be eligible for reappointment if that
member has been out of said office for a period of at least one (1) year. Any
appointed member of any board or commission is eligible to serve in either or
both positions during their term of service on the board or commission.
(d) The mayor shall appoint one (1) or more council members to serve ex officio or
liaison without vote to each board and commission. Any appointed member of
any board or commission who fails to attend three (3) regular meetings in
succession without notifying the chairman in advance or who does not attend at
least sixty (60) per cent of the regularly scheduled board meetings within a
twelve-month period will be considered to have automatically resigned from the
board or commission. The city manager or his designee shall monitor attendance
and maintain attendance records for boards and commissions and notify the city
council of resignations under this section.
(e) Persons appointed to advisory committees and commissions must be residents
of the city. Persons may serve on no more than two (2) advisory boards and
commissions of the city at the same time.
(Ord. No. 92-64, § 1, 8-25-92; Ord. No. 00-19, § 1, 2-15-00; Ord. No. 05-035, § 1, 4-5-
• 05)
Editor's note: Ord. No. 92-64, § 1, adopted Aug. 25, 1992, amended the Code by
• adding provisions designated as § 2-53. Prior to inclusion of said ordinance, §2-53
pertained to the city council's appointive powers and attendance and resignation
procedures regarding boards and commissions in general and derived from Ord. No. 90-
93, § 1, adopted May 29, 1990.
Sec. 2-54. Drug-free Beaumont commission.
There is hereby created the Drug-free Beaumont commission composed of
twenty-one (21) members. Of the initial twenty-one (21) members fifteen (15) shall be
appointed by the mayor from the membership of the mayor's coalition for a drug-free
Beaumont. The terms of ten (10) of such fifteen (15) members shall be for two (2) years
and the terms of five (5) of such fifteen (15) members shall be for three (3) years. The
remaining six (6) members of the initial twenty-one-member board shall be appointed by
the city council with each city council member other than the mayor appointing one (1)
member to the commission. The initial term of such six (6) members shall be three (3)
years. Thereafter the term of office of each member shall be two (2) years or until a
successor is appointed. A chairperson and vice-chairperson of the commission shall be
appointed by the mayor. Vacancies resulting from resignations or other reasons during a
term shall be filled by the city council for the unexpired term. Vacancies resulting from
expiration of a term shall be filled by each council member on a rotating basis. Members
of the drug-free Beaumont commission shall serve without compensation and all
members of such commission shall be subject to removal at the will and pleasure of the
city council.
(Ord. No. 95-24, § 1, 4-11-95; Ord. No. 96-10, § 1, 2-6-96)
Secs. 2-55--2-60. Reserved.
ARTICLE IV. RESERVED*
*Editor's note: Ord. No. 96-41, § 1, adopted August 6, 1996, amended the Code by
repealing Art. IV, §§ 2-61 through 2-69, in its entirety. Former Art. IV pertained to
restrictions on certain business transactions, and derived from Ord. No. 86-101, adopted
October 7, 1986.
Secs. 2-61--2-80. Reserved.
ARTICLE V. CITY RECORDS
DIVISION 1. GENERALLY*
*Editor's note: Ord. No. 90-14, §§ 1--3, adopted Feb. 27, 1990, was not specifically
amendatory of the Code, hence its inclusion herein as Art. V, Div. 1, §§ 2-81--2-83 was
at the discretion of the editor. Section 4, containing severability provisions, was omitted
from codification.
Sec. 2-81. Defined.
All documents, papers, letters, books, maps, photographs, sound or video
recordings, microfilm, magnetic tape, electronic media, or other information recording
media, regardless of physical form or characteristic and regardless of whether public
access to it is open or restricted under the laws of the state, created or received by the
city or any of its officers or employees pursuant to law or in the transaction of public
business are hereby declared to be the records of the city.
(Ord. No. 90-14, § 1, 2-27-90)
Sec. 2-82. Declared public property; unauthorized destruction, removal,
etc.
All city records as defined in section 2-81 of this article are declared to be the
property of the city. No city official or employee has, by virtue of his or her position, any
personal or property right to such records even though he or she may have developed or
compiled them. The unauthorized destruction, removal from files, or use of such records
is prohibited.
(Ord. No. 90-14, § 2, 2-27-90)
Sec. 2-83. Designation of records management officer.
The city clerk, and the successive holders of said office, shall serve as records
management officer for the city. As provided by state law, each successive holder of the
office shall file his or her name with the director and librarian of the Texas State Library
within thirty(30) days of the initial designation or of taking up the office, as applicable.
(Ord. No. 90-14, § 3, 2-27-90)
Sec. 2-84. Allig-Electronic Scanning of public records.
The city clerk is hereby authorized to mierefilm digitizeall official records of the
city, which shall include but not be limited to deeds, ordinances, resolutions, contracts,
easements, leases, liens, and franchises. The city clerk shall properly index scar) said
m+eref' records, and sa+d efilm-records shall meet the FequiFefflents of the United
States e€-tee ea- Standard
defin'tien. In accordance with the technical standards established by state law. The city
clerk or his designee shall be responsible to check and certify that each microfilm record
is a true and correct duplication of the original public record. The public shall have
access to the information contained in the microfilmed public records as provided by law.
(Ord. No. 84-163, § 1, 12-11-84)
Note: See the editor's note following § 2-37.
Secs. 2-85--2-90. Reserved.
• DIVISION 2. RECORDS MANAGEMENT PROGRAM*
*Editor's note: Ord. No. 90-53, §§ 1--14, did not specifically amend the Code; hence,
its inclusion herein as Art. V, Div. 2, §§ 2-91--2-104 was at the discretion of the editor.
Section 15, dealing with severability, has been omitted from codification.
Sec. 2-91. Definitions.
Department head means the officer who by ordinance, order, or administrative
policy is in charge of an office of the city that creates or receives records.
Essential record means any record of the city necessary to the resumption or
continuation of operations of the city in an emergency or disaster, to the re-creation of
the legal and financial status of the city, or to the protection and fulfillment of obligations
to the people of the state.
Permanent record means any record of the city for which the retention period on
a records control schedule is given as permanent.
Records control schedule means a document prepared by or under the authority
of the records management officer listing the records maintained by the city, their
retention periods and other records disposition information that the records management
program may require.
• Records management means the application of management techniques to the
creation, use, maintenance, retention, preservation, and disposal of records for the
purposes of reducing the costs and improving the efficiency of recordkeeping. The term
includes the development of records control schedules, the management of filing and
information retrieval systems, the protection of essential and permanent records, the
economical and space-effective storage of inactive records, the management of
micrographics and electronic and other records storage systems.
Records liaison officers means the persons designated under section 2-97 of this
article.
Records management committee means the committee established in section 2-
93 of this article.
Records management plan means the plan developed under section 2-94 of this
article.
Retention period means the minimum time that must pass after the creation,
recording, or receipt of a record, or the fulfillment of certain actions associated with a
record, before it is eligible for destruction.
(Ord. No. 90-53, § 1, 9-11-90)
Sec. 2-92. Policy.
• It is hereby declared to be the policy of the city to provide for efficient,
economical, and effective controls over the organization, maintenance, use, and
disposition of all city records through a comprehensive system of integrated procedures
for the management of records from their creation to their ultimate disposition, consistent
with the requirements of the Texas Local Government Records Act and accepted
records management practice.
(Ord. No. 90-53, § 2, 9-11-90)
Sec. 2-93. Establishment of records management committee; duties.
A records management committee consisting of the city manager, city clerk, city
attorney and finance director is hereby established. The committee shall:
(1) Assist the records management officer in the development of policies and
procedures governing the records management program;
(2) Review the performance of the program on a regular basis and propose
changes and improvements if needed;
(3) Review and approve records control schedules submitted by the records
management officer;
(4) Give final approval to the destruction of records in accordance with
approved record control schedules;
(5) Study the feasibility of and, if appropriate, establish a uniform filing
system and a forms design and control system for the creation of records;
(6) Review new and updated technologies that will enhance the records
. management system; and Sstudy the feasibility of, recommend and
approve the electronic storage of city records and the microfilming of city
records; and
(7) Actively support and promote the records management program
throughout the city.
(Ord. No. 90-53, § 3, 9-11-90)
Sec. 2-94. Records management plan to be developed; approval of plan;
authority of plan.
(a) The records management officer and the records management committee shall
develop a records management plan for the city for submission to the city
council. The plan must contain policies and procedures designed to reduce the
costs and improve the efficiency of recordkeeping, to adequately protect the
essential records of the city, and to properly preserve those records of the city
that are of historical value. The plan must be designated to enable the records
management officer to carry out his or her duties prescribed by state law and this
article effectively.
(b) Once approved by the city council, the records management plan shall be
binding on all offices, departments, divisions, programs, commissions, bureaus,
boards, committees, or similar entities of the city and records shall be created,
maintained, and stored, in accordance with said plan.
• (c) State law relating to the duties, other responsibilities, or recordkeeping
requirements of a department head do not exempt the department head or the
records in the department head's care from the application of this article and the
records management plan adopted under it and may not be used by the
department head as a basis for refusal to participate in the records management
program of the city.
(Ord. No. 90-53, §4, 9-11-90)
Sec. 2-95. Duties of records management officer.
In addition to other duties assigned in this article, the records management
officer shall:
(1) Administer the records management program and provide assistance to
department heads in its implementation;
(2) Plan, formulate, and prescribe records disposition policies, systems,
standards, and procedures;
(3) In cooperation with department heads, identify essential records and
establish a disaster plan for each city office and department to ensure
maximum availability of the records in order to reestablish operations
quickly and with minimum disruption and expense;
(4) Develop procedures to ensure the permanent preservation of the
historically valuable records of the city;
(5) Establish standards for filing and storage equipment and for
• recordkeeping supplies;
(6) Study the feasibility of and, if appropriate, establish a uniform filing
system and a forms design and control system for the city;
(7) Provide records management advice and assistance to all city
departments by preparation of a manual or manuals of procedure and
policy and by onsite consultation;
(8) Monitor records retention schedules and administrative rules issued by
the Texas State Library and Archives Commission to determine if the
records management program and the city's records control schedules
are in compliance with state regulations;
(9) Disseminate to the city council and department heads information
concerning state laws and administrative rules relating to local
government records;
(10) Instruct records liaison officers and other personnel in policies and
procedures of the records management plan and their duties in the
records management program;
(11) Direct records liaison officers or other personnel in policies of records
inventories in preparation for the development of records control
schedules as required by state law and this article;
(12) Ensure that the creation, maintenance, preservation,
destruction, and other disposition of city records is carried
accordance with the policies and procedures of the records management
• program and the requirements of state law;
(13) Maintain records on the volume of records destroyed under approved
records control schedules, the velufnee€ FeeeFds fflieFefilmed erred
ele6tFeniealty-and the estimated cost and space savings as the result of
such disposal or disposition;
(14) Report annually to the city manager and to the city council on the
implementation of the records management plan in each department of
the city, including summaries of the statistical and fiscal data compiled
under subsection (13); and
(15) Bring to the attention of the city manager noncompliance by department
heads or other city personnel with the policies and procedures of the
records management program or the local government records act.
(Ord. No. 90-53, § 5, 9-11-90)
Sec. 2-96. Duties and responsibilities of department heads.
In addition to other duties assigned in this article, department heads shall:
(1) Cooperate with the records management officer in carrying out the
policies and procedures established by the city for the efficient and
economical management of records and in carrying out the requirements
of this article;
(2) Adequately document the transaction of government business and the
services, programs, and duties for which the department head and his or
her staff are responsible; and
(3) Maintain the records in his or her care and carry out their preservation,
-destruction, or other disposition only in accordance with the
policies and procedures of the records management program of the city
and the requirements of this article.
(Ord. No. 90-53, § 6, 9-11-90)
Sec. 2-97. Designation of records liaison officers.
Each department head shall designate a member of his or her staff to serve as
records liaison officer for the implementation of the records management program in the
department. If the records management officer determines that in the best interests of
the records management program more than one (1) records liaison officer should be
designated for a department, the department head shall designate the number of
records liaison officers specified by the records management officer. Persons
designated as records liaison officers shall be thoroughly familiar with all the records
created and maintained by the department and shall have full access to all records of the
city maintained by the department. In the event of the resignation, retirement, dismissal,
or removal by action of the department head of a person designated as a records liaison
officer, the department head shall promptly designate another person to fill the vacancy.
A department head may serve as records liaison officer for his or her department.
(Ord. No. 90-53, § 7, 9-11-90)
Sec. 2-98. Duties and responsibilities of records liaison officers.
In addition to other duties assigned in this article, records liaison officers shall:
(1) Supervise or conduct inventories of the records of the department in
preparation for the development of records control schedules and
amended records control schedules;
(2) In cooperation with the records management officer coordinate and
implement the policies and procedures of the records management
program in their departments; and
(3) Disseminate information to department staff concerning the records
management program.
(Ord. No. 90-53, § 8, 9-11-90)
Sec. 2-99. Records control schedules to be developed; approved; filed with
state.
(a) The records management officer, in cooperation with department heads and
records liaison officers, shall prepare records control schedules on a department-
by-department basis listing all records created or received by the department and
the retention period for each record. Records control schedules shall also contain
such other information regarding the disposition of city records as the records
management plan may require.
• (b) Each records control schedule shall be monitored and amended as needed by
the records management officer on a regular basis to ensure that it is in
compliance with records retention schedules issued by the state and that it
continues to reflect the recordkeeping procedures and needs of the department
and the records management program of the city.
(c) Before its adoption, a records control schedule or amended schedule for a
department must be approved by the department head and the members of the
records management committee.
(d) Before its adoption, a records control schedule must be submitted to and
accepted for filing by the director and librarian as provided by state law. If a
schedule is not accepted for filing, the schedule shall be amended to make it
acceptable for filing. The records management officer shall submit the records
control schedules to the director and librarian.
(Ord. No. 90-53, § 9, 9-11-90)
Sec. 2-100. Implementation or records control schedules; destruction of
records under schedule.
(a) A record control schedule for a department that has been approved and adopted
under section 2-94 shall be implemented by department heads and records
liaison officers according to the policies and procedures of the records
management plan.
i (b) A record whose retention period has expired on a records control schedule shall
be destroyed unless an open records request is pending on the record, the
• subject matter of the record is pertinent to a pending law suit or the department
head requests in writing to the records management committee that the record
be retained for an additional period.
(c) Prior to the destruction of a record under an approved records control schedule,
authorization for the destruction must be obtained by the records management
officer from the records management committee.
(Ord. No. 90-53, § 10, 9-11-90)
Sec. 2-101. Destruction of unscheduled records.
A record that has not yet been listed on an approved records control schedule
may be destroyed if its destruction has been approved in the same manner as a record
destroyed under an approved schedule and the records management officer has
submitted to and received back from the director and librarian an approved destruction
authorization request.
(Ord. No. 90-53, § 11, 9-11-90)
Sec. 2-102. Records center.
A records center, developed pursuant to the plan required by section 2-94, shall
be under the direct control and supervision of the records management officer. Policies
and procedures regulating the operations and use of the records center shall be
contained in the records management plan developed under section 2-94.
(Ord. No. 90-53, § 12, 9-11-90)
Sec. 2-103. Reserved. Mieregraphies.
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--1✓Hord?-management- --Vs* establish p eeed� FefS ei"a- fer—th-e
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(erd-f�la:9A �r33; �4-3-,-9-44-W
Sec. 2-104. Electronic storage.
All electronic storage of records will be reviewed by the records management
officer. The records management plan will establish policies and procedures for the
electronic storage of local government records established in rules of the Texas State
Library and Archives Commission. The plan will also establish criteria for determining the
• eligibility of electronic storage of records and the records management officer will
request permission for the Texas State Library and Archives Commission for the
electronic storage of records and perform periodic reviews of the electronic storage of
records as to cost-effectiveness, administrative efficiency and compliance with
commission rules.
(Ord. No. 90-53, § 14, 9-11-90)
Chapter 2 1/4 AIRPORTS AND AIRCRAFT*
*Cross references: Airport advisory committee, § 2-28, minimum standards for
conduct of commercial aeronautical services adopted, § 2-29.
ARTICLE I. IN GENERAL
Sec. 2 1/4-1. Standards governing the conduct of commercial aeronautical
services and activities, fixed base operator activities, and specialized
aviation activities.
The revised minimum standards and requirements for the conduct of commercial
aeronautical services and activities, minimum standards and requirements for fixed base
operator activities and minimum standards and requirements for specialized aviation
activities are hereby adopted by reference and can be found on file at the office of the
city clerk.
(Ord. No. 90-17, § 1, 3-20-90)
Editor's note: Ord. No. 90-17, § 1, adopted March 20, 1990, was not specifically
amendatory of the Code; hence, its inclusion herein as § 2 1/4-1 was at the discretion of
the editor. Sections 2--4, dealing with severability, the repeal of conflicting provisions
and penalties were omitted from codification.
Secs. 2 1/4-2--2 1/4-20. Reserved.
ARTICLE I1. HELIPORTS AND HELISTOPS*
*Editor's note: Ordinance No. 86-90, §§ 1, 2, enacted Aug. 26, 1986, specifically
amended the Code by adding a new Art. V, § 26-100, to Ch. 26. For classification
purposes, the substantive provisions of the ordinance have been redesignated as Art. II,
§§ 2 1/4-21--2 1/4-28 of a new Ch. 2 1/4.
Cross references: Planning and zoning commission, § 2-31 et seq.; buildings,
structures and construction operations, Ch. 6; fire protection and prevention, Ch. 10;
abatement of nuisances as to business, trade or occupation, § 13-3; noises generally, §
13-12 et seq.; streets and sidewalks, Ch. 23; zoning generally, Ch. 30; permitted uses, §
30-24; specific use permits, § 30-26; performance standards, § 30-32; special conditions
for certain uses, § 30-33.
•
• 4
January 23, 2007
Consider approving the purchase of a fire truck
M cl ' City Council A g enda Item
'a c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 12, 2007
REQUESTED ACTION: Council consider the purchase of a Pierce pumper truck.
RECOMMENDATION
Administration recommends the purchase of one (1) 1,500 gallon per minute Pierce pumper truck
for the Fire Department from Martin Apparatus,Inc. through the Houston-Galveston Area Council
(H-GAC) in the amount of$410,605.
BACKGROUND
H-GAC is a cooperative purchasing association providing cities and political subdivisions with the
means to purchase specialized equipment at volume pricing. H-GAC complies with the State of
Texas procurement statutes.The price of the truck includes an H-GAC administrative fee of$2,000.
The truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 750
gallon water tank, a fifty(50) gallon foam tank, and an injected foam system. The Pierce pumper
truck is equipped with an Allison transmission and Detroit Diesel engine.This truck will replace unit
7025, a 1981 American LaFrance truck,and will be placed into service at Fire Station No. 1,located
at 747 College Street. The age,mileage, and mechanical condition of Unit 7025 makes it unreliable
for continued service and it will be disposed of according to the City's surplus property disposal
policies.
Delivery time for the new truck will be approximately eight (8) to nine (9) months. The various
components are warrantied for specified time periods which are as follow:
• Detroit Diesel engine &Allison transmission 5 years or 100,000 miles
• Pierce water tank Lifetime
• Pierce cab and body corrosion 10 years or 100,000 miles
i
0 Purchase of Fire Truck
January 12, 2007
Page 2
Stewart and Stevenson, Inc. of Houston is the authorized distributor that will provide warranty
service for the Detroit Diesel engine and Allison transmission. Warranty service for the Pierce water
tank, cab, and body will be provided by Martin Apparatus, Inc. of Houston.
BUDGETARY IMPACT
The pumper truck will be delivered in the 2008 budget year. It is anticipated that the truck will be
financed by a five-year lease-purchase at that time.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of one (1) 1,500 gallon per minute
Pierce pumper truck for the Fire Department from Martin Apparatus, Inc., through the
Houston-Galveston Area Council (H-GAC) in the amount of $410,605.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 23rd day of
January, 2007.
- Mayor Guy N. Goodson -
! 5
January 23, 2007
Consider approving a resolution authorizing the participation of the City of Beaumont with
other Entergy-Gulf States, Inc., service area cities to intervene in proceedings before the Public
Utilities Commission of Texas for the calendar year 2007
...+., City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tyrone E. Cooper, City Attorney
MEETING DATE: January 23, 2007
AGENDA MEMO DATE: January 17, 2007
REQUESTED ACTION: Council consider a resolution authorizing the participation
of the City of Beaumont with other Entergy-Gulf States,Inc.,
service area cities to intervene in proceedings before the
Public Utilities Commission of Texas for the calendar year
2007.
RECOMMENDATION
Administration recommends the adoption of a resolution authorizing the City of Beaumont to
participate with other Entergy-Gulf States, Inc., service area cities and to intervene in proceedings
filed by EGSI before the Public Utilities Commission of Texas for the calendar year 2007.
BACKGROUND
Historically,the City of Beaumont has joined with other cities in the Entergy-Gulf States service area
in participating in proceedings before the Public Utilities Commission of Texas involving various rate
and fuel matters filed by Entergy-Gulf States, Inc. Over the last several years,the City has adopted
a resolution similar to the one proposed authorizing the City of Beaumont to continue to participate
with the other area cities in the various cases that the company has filed and is expected to file in the
year 2007. This participation is necessary to assure reasonable rates and charges and fair competition
to all customer classes of Entergy-Gulf States within the service area cities.
The actions of the participating cities intervening in these matters are accomplished pursuant to the
direction of a Cities' Steering Committee of which the City of Beaumont is a member. The Cities'
Steering Committee will retain rate consultants, attorneys and other representatives who will
represent the cities'interest in the above proceedings.
The City Council has authorized similar participation resolutions of participation each year since at
least the year 2002.
BUDGETARY ]IMPACT
All reasonable expenses associated with rate matters will be reimbursable by the company as they
have been in the past.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF BEAUMONT,
TEXAS, AUTHORIZING PARTICIPATION WITH OTHER
ENTERGY SERVICE AREA CITIES IN MATTERS
CONCERNING ENTERGY GULF STATES, INC., AT THE
PUBLIC UTILITY COMMISSION OF TEXAS IN 2007.
WHEREAS, Entergy Gulf States' (EGSI) implementation of customer choice has
been delayed due to lack of competition; lack of independent market structures and
organizations in its service territory to implement fair competition; and because EGSI's
ability to control the market in its region has not been evaluated, EGSI will continue to be
regulated;
WHEREAS, changes to the Public Utility Regulatory Act addressing rates and rate
proceedings will have a direct impact on EGSI and customer bills during the continued
transition to competition;
WHEREAS, EGSI is scheduled to litigate its request in various proceedings at the
Public Utility Commission in 2007 related to various fuel cost surcharges and reconciliation,
capacity cost surcharges and reconciliation; Hurricane Rita cost securitization and
reconciliation, for approval of various market structures necessary for the implementation
of fair competition, and for any type of base rate adjustment proceedings;
WHEREAS, EGSI is scheduled to file fuel factor proceedings at the Public Utility
Commission in March and September 2007, and file other fuel proceedings during 2007
to reconcile fuel, to surcharge or refund fuel charges, and to change the fuel mechanism,
along with various surcharge requests impacting rates;
WHEREAS, EGSI may file a base rate adjustment proceeding at the Public Utility
Commission in Summer of 2007 under current Legislation;
WHEREAS, Cities have a duty to set fair and reasonable rates for both the
Company and ratepayers within Cities;
WHEREAS, Cities have original jurisdiction over rates, operations, and services of
an electric utility in areas in the municipality pursuant to Tex. Util. Code §33.001;
WHEREAS Cities have standing in each case before the Public Utility Commission
of Texas that relates to an electric utility providing service in the municipality pursuant to
Tex. Util. Code §33.025;
WHEREAS, Cities are entitled to reimbursement by the utility of their reasonable
rate case expenses to participate in cases that are deemed rate proceedings pursuant to
. Tex. Util. Code §33.023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BEAUMONT, TEXAS, that:
SECTION 1. The City of Beaumont shall participate with other EGSI service area
Cities to intervene in EGSI's various rate filings related to the various fuel cost surcharges
and reconciliation, capacity cost surcharges and reconciliation; Hurricane Rita cost
securitization and reconciliation, for approval of various market structures necessary for
the implementation of fair competition, and for any base rate adjustment proceedings on
file at the Public Utility Commission in 2007 seeking appropriate regulatory scrutiny.
The City of Beaumont shall participate with other EGSI service area Cities to
intervene in proceedings at the Public Utility Commission on file in 2007 concerning EGSI's
readiness for competition, market power, organizations and structures to assure fair
competition to all customer classes.
The City of Beaumont shall participate with other EGSI service area Cities to intervene
in proceedings at the Public Utility Commission on file in 2007 concerning EGSI's base
rates charged to customers.
All such actions shall be taken pursuant to the direction of the Cities' Steering
Committee. Cities' Steering Committee shall have authority to retain rate consultants,
lawyers, and other representatives. Cities' Steering Committee shall direct the actions of
Cities' representatives in the above proceedings. The Steering Committee is directed to
obtain reimbursement from EGSI of all reasonable expenses associated with participation
in said proceedings.
SECTION 2. This resolution shall be effective from and after the date of its
passage.
PASSED by vote of the City Council of the City of Beaumont,
Texas, this 23rd day of January, 2007.
THE CITY OF BEAUMONT, TEXAS
By:
ATTEST: - Mayor Guy N. Goodson -
City Secretary
APPROVED AS TO FORM: