HomeMy WebLinkAboutPACKET AUG 28 1984 i
AGENDA
REGULAR SESSION OF THE CITY COUNCIL
AUGUST 28, 1984
CITY COUNCIL CHAMBERS
1: 15 P.M.
* Invocation.
* Pledge of Allegiance.
* Roll call .
* Proclamations.
* Consent Agenda.
* Public hearing - budget.
1. An ordinance changing the zoning from R-3 (Modified Two Family and
Multiple Dwelling) to NC (Neighborhood Commercial ) for property on the
west side of 7th Street at Gladys.
2. An ordinance granting a Specific Use Permit to establish a church in an
LI (Light Industrial ) district in the 1500 Block of Grand.
3. An ordinance granting a Specific Use Permit to establish a church and
accessory activities building in an RS (Residential Single Family) dis-
trict at 7750 Highway 105.
4. An ordinance abandoning a 20-foot alley in Block 60, Van Wormer Addition.
5. First reading of an ordinance amending the franchise with Liberty Tele-
Communications, Inc.
6. A resolution authorizing employment of appraisal firms for right-of-way
needed for the College Street TIP Project.
7. A resolution authorizing award of a contract for the paving of Willow
Bend Drive from Walden Road south, a distance of 3,300 feet.
8. A resolution authorizing award of a contract for the paving of Whitson's
Way from Washington Boulevard, approximately 615 feet southeasterly.
Other business.
Hear citizens.
Recess.
RECONVENE FOR WORK SESSION.
4
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August 24, 1984
Council Memo 219
Honorable Mayor and
Members of City Council
Subject: Gladys Avenue/7th Street Rezoning Study
Final action on this rezoning study was deferred at the meeting of August 14th.
Subsequent to the meeting, the City Attorney has discussed the issue with
Mr. Boyd Wells and he indicated the neighborhood had withdrawn any objections
to the zone change after discussing the issue at length with Mr. Cargill .
Mr. Wells also indicated that he would formally transmit the information to
the Council by letter.
Karl Nollenberger
City Manager
August 21, 1984
Council Letter 710
Honorable Mayor and
Members of City Council
Subject: Gladys Avenue/7th Street Rezoning Study
GENERAL INFORMATION
Subject properties are between Gladys and Louisiana on the west
side cf Seventh Street. Existing R-3 zoning is original from 1955.
The study area includes four lots : the northern pair is a drive-
in grocery, the southern pair is a residence and artists studio.
The northern lots face into GC-MD zoning; southern lots face into
RS zoning. The comprehensive plan designates the area in the
study as a Stable Area.
Existing Zoning and Land Use R-3 , convenience store and
single family residence
Surrounding Zoning and Land Use north - GC-MD, professional
offices
east - RM-H, engineering
offices and single
family
south - RS, single family
west - RS, single family
Comprehensive Plan Stable Area
SPECIAL INFORMATION
Public Utilities in Seventh Sanitary Sewer: 6 inch line
Water: 6 inch line
Streets Seventh Street is designated
as a residential collector
having a 60-foot right-of-way,
20-foot pavement.
Fire Protection Station #7, 1700 McFaddin
Page 2
ANALYSIS AND RECOMMENDATION -
Based on the exhibited uses , staff proposes the following:
- AREA 1: NC (Neighborhood Commercial) for the two northern
lots facing Louisiana;
- AREA 2: RS (Residential Single. Family) for the two southern
lots facing Gladys.
PUBLIC NOTIFICATION AND RESPONSE
Notices mailed to property owners within study area 2
Responses in favor of proposal 0
Responses opposed to proposal 1
Notices mailed to property owners within 200 feet 19
Responses in favor of proposal 0
Responses opposed to proposal 0
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of NC for the entire
area by a vote of 4 to 2 .
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
cc: Sherell J. Cockrell, Planning Director
�-• GLADYS AVE./SEVENTH ST. REZONING.
PROPOSAL TO CHANGE THE ZONING FR M R
TO NC ON LOTS 1 ,2,3 ,26,27,28
BLK. 13 AND LOCATED ON THE WEST SIDE
/NTERSTArE rc Etsr SEVENTH ST. AT GLADYS AVE.
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Interstate 10 East 1/200
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F•' CURRENTLY ZONED R-3;
2
PROPOSED FOR NC (NEIGHBOR-
cou/s 4NA AvE HOOD COMMERCIAL) .
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AGENDA gI
NO
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 30
OF THE CODE OF ORDINANCES OF BEAUMONT,
TEXAS, AND IN PARTICULAR THE BOUNDARIES OF
THE ZONING DISTRICTS AS INDICATED UPON THE
ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING
THE ZONING FROM R-3 (MODIFIED TWO FAMILY
AND MULTIPLE DWELLING DISTRICT) TO NC
( NEIGHBORHOOD COMMERCIAL DISTRICT) ON
PROPERTY LOCATED ON THE WEST SIDE OF 7TH
STREET AT GLADYS AVENUE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1 .
THAT Chapter 30 of the Code of Ordinances of Beaumont,
Texas, and in particular the boundaries of the zoning districts as
indicated upon the Zoning Map of the City of Beaumont, referred to
in Section 30-5B thereof, is hereby amended by changing the zoning
classification from R-3 (Modified Two Family and Multiple Dwelling
District) to NC ( Neighborhood Commercial District) for property
located on the west side of 7th Street at Gladys Avenue, as shown
on Exhibit "A" attached hereto and made a part hereof for all
purposes, and the official zoning map of the City of Beaumont is
hereby amended to reflect such changes.
Section 2.
That in all other respects the use of the property
hereinabove described shall be subject to all of the applicable
regulations contained in Chapter 30 of the Code of Ordinances of
Beaumont, Texas, as amended.
Section 3.
That if any section, subsection, sentence, clause or
phrase of this ordinance, or the application of same to a
particular set of persons or circumstances, should for any reason
be held to be invalid , such invalidity shall not affect the
remaining portions of this ordinance,"and to such end the various
portions and provisions of this ordinance are declared to be
severable.
Section 4 .
That all ordinances or parts of ordinances in conflict
herewith are repealed to the extent of the conflict only.
Section 5 .
That any person who violates any provision of this
ordinance shall, upon conviction, be punished as provided in
Section 1-8 of the Code of Ordinances of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont
this the day of 1984.
Mayor -
2 -
I
August 21, 1984
Council Letter 709
Honorable Mayor and
Members of City Council
Subject: Specific use permit to establish a church in an LI
district in the 1500 Block of Grand.
GENERAL INFORMATION
Applicant East Congregation of Jehovah' s
Witnesses
Status of Applicant prospective purchasers of site
Requested Action specific use permit to establish
a church
Existing Zoning LI (Light Industrial)
Location 1500 Block of Grand
Size 150 x 140 , 0 . 48 acre
Existing Land Use residence and 2 vacant lots
Surrounding Zoning and Land Use north - (across Catalpa) LI,
residential
east - LI , residential
south - LI , vacant (Interstate
10)
west - (across Grand) LI ,
residential
Physical Features site has frontage on two streets
.SPECIAL INFORMATION
Public Utilities in Grand Street Sanitary Sewer: 18 inch
Storm Drainage: 18 inch
Water: 6 inch line
Streets Grand Street is designated as
a local street and has a 60-foot
right-of-way and 27-foot pave-
ment.
Page 2
SPECIAL INFORMATION (cont'd)
Fire Protection Station 1#5 , Grand and Concord
ANALYSIS
[See Specific Use Permit Review.
CONFORMANCE WITH COMPREHENSIVE PLAN
The proposed use is in a Conservation and Revitalization Area and
is in conformance with the comprehensive plan.
PLANNING STAFF RECOMMENDATION
The applicant' s site plan is required to meet all eight conditions
for specific use permit approval. Condition 4 regarding parking
spaces has not been adequately addressed. Staff recommends denial
of the request until a revised site plan is submitted showing
appropriate parking to accormodate the desired number of seats in
the meeting hall.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 11
Responses in Favor of Request 0
Responses Opposed to Request 2
PLANNING COMMISSION RECOMMENDATION
The Planning Commission recommended approval of the request by a
vote of 6 to 0 contingent upon an agreement between the applicant
and the landowner for lease of Lots 1 and 2 , Block 5, North Addition,
to satisfy parking requirements for the proposed building.
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
cc: Sherell Cockrell, Planning Director
>v age 3
USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------ church congregation hall;
activities. Sundays 9 : 30-11: 30 a.m. ;
Tuesdays 7: 30-8 : 30 p.m.
2. Boundaries of area covered by site ------ Block 3 , Lots 4-6 , North
plan with dimensions. Addition, 150 x 140 , 0 . 48
3. Existing and proposed building
locations with:
- number of stories; ------------------- one
- height; ------------------------------ approximately 18-2
oximatel 0 feet
-• gross floor area; -------------------- 3800 square feet
- entrances and exits. ----------------- from Grand Street
4. Existing drainage locations and ---------west to Grand Street
direction of flow.
5. Proposed landscaping and screening ------landscaping to be installed
buffers. at front of building
6. Location and dimensions of:
- curb cuts (existing and proposed) ---2 proposed on Grand Street;
public and 16 ' width each
p private streets , showing --Grand has a 60-foot right-
rights-of-way widths; of-way
- parking and loading areas;------------parking for 44 cars
- pedestrian walks; -----------------
-at front entrance
-• exterior lighting; -------------------
no proposal
trash storage locations; ------------moo exterior locations
7. Fences or screening provisions ----------
showing location, type and height. none proposed on site plan
8• Sign height, location and dimensions.----no proposal on site plan
Page 4
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the following conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Church uses are normally an accepted neighborhood use .
Surrounding land values will experience no significant impair-
ment.
2 That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
One vacant lot east of the subject property has interstate
frontage. Church use will cause no impediment to development.
3) That adequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities and drainage are present and adequate.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments;
Site plan shows inadequate parking to accommodate seating
in meeting hall.
5) That adequate nuisance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Church use will not generate any of the five adverse environ-
mental nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
No directional lighting is included in the proposal.
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
Application shows no proposal for landscaping.
8) That the proposed use is in accordance with the comprehensive plan;
The request is in a Conservation and Revitalization Area of
the comprehensive plan and is in accordance.
FILE 941—P. REQUEST FOR SPECIFIC
USE PERMIT TO ESTABLISH A CHURCH IN
• �,/ THE 1500 BLOCK OF GRAND AVENUE.
,$LA z APPLICANT: EAST CONGREGATION OF
JEHOVAHS WITNESSES
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NO
ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A CHURCH IN AN LI ( LIGHT
INDUSTRIAL DISTRICT) LOCATED IN THE 1500
BLOCK OF GRAND AVENUE.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a7- specific use permit for a
church in the 1500 Block of Grand Avenue, Beaumont, Jefferson County,
Texas, to the East Congregation of Jehovah' s Witnesses, prospective
buyers, their legal representatives, successors, and assigns for that
certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit for a church
located in the 1500 Block of Grand Avenue, Beaumont, Jefferson
County, Texas, in accordance with Section 30-26 and Section 30-40 of
the Code of Ordinances of the City of Beaumont, as amended, is hereby
granted to the East Congregation of Jehovah' s Witnesses, their legal
representatives, successors and assigns for that certain tract
described on Exhibit "A" attached hereto and made a part hereof for
all purposes.
Section 2 .
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of , 19 ,
Mayor -
- 2 -
3.
August 21, 1984
Council Letter 711
Honorable Mayor and
Members of City Council
Subject: Specific use permit for church and activities building
in an RS district located at 7750 Highway 105.
GENERAL INFORMATION
Applicant Jesse Eastep for Northwest
Church of Christ
Status of Applicant church representative
Reauested Action specific use permit for church
and activities building
Existing Zoning RS (Residential Single Family)
Location 7750 Highway 105
Size 3 . 6 acres
Existing Land Use vacant
Surrounding Zoning and Land Use north - RS , vacant
east - RM-H, vacant
south - (across Highway 105) RS,
single family
west - RS, vacant
Physical Features site has 561 feet of frontage on
Highway 105
SPECIAL INFORMATION
Public Utilities in Highway 105 Sanitary Sewer: 10 inch line
Storm Drainage : major drainage
ditches to east and west
Water: 8 inch line
Streets Highway 105 is designated as a
major arterial and has a 100-
foot right-of-way and 64-foot
pavement.
Fire Protection Station #8, 6297 Highway 105
PAge 2
ANALYSIS
See Specific Use Permit Review.
CONFORMANCE WITH COMPREHENSIVE PLAN
The proposed use is in a Neighborhood Growth Unit and is in con-
formance with the comprehensive plan.
PLANNING STAFF RECOMMENDATION
The applicant' s site plan satisfies all of the eight conditions.
However, the staff has noted that the church ' s proposed sign exceeds
the maximum allowable size and is not set back the required distance.
The staff recommends that the applicant submit a revised site plan
showing the required setback distance (25 feet) . In addition,
an application for a variance to allow the church ' s sign as it is
proposed on the site plan will be required prior to start of con-
struction.
PUBLIC NOTIFICATION AND RESPONSE
Notices Mailed to Property Owners 7
Responses in Favor of Request 0
Responses Opposed to Request 0
PLANNING COMMISSION RECOMMENDATION
The Commission recommended approval of the request by a vote of
6 to 0 pending submittal by the applicant of a revised site plan
reflecting the correct maximum sign area and the correct front yard
setback for sign installation.
=TheCityManager recommends approval of the ordinance.
Karl Nollenberger
City Manager
cc: Sherell Cockrell, Planning Director
Page 3
CONDITIONS FOR APPROVAL: A Specific Use Permit shall be issued only if
all of the following conditions have been found:
1) That the specific use will be compatible with and not injurious to the
use and enjoyment of other property, nor significantly diminish or
impair property values within the immediate vicinity;
Church structures and related activities are compatible
uses in residential areas. Surrounding property values will
not be diminished as a result of the specific use.
2) That the establishment of the specific use will not impede the normal
and orderly development and improvement of surrounding vacant property;
Surrounding residential area is presently undergoint sub-
division platting and development. Development will be
enhan ed by the development of the church.
3) That addequate utilities, access road, drainage and other necessary
supporting facilities have been or will be provided;
Existing utilities in Highway 105 are adequate to serve
proposed use.
4) The design, location and arrangement of all driveways and parking spaces
provides for the safe and convenient movement of vehicular and pedestrian
traffic without adversely affecting the general public or adjacent
developments ;
Traffic Department has approved driveway, parking lot layout
and required parking spaces .
5) That adequate nu4sance prevention measures have been or will be taken
to prevent or control offensive odor, fumes, dust, noise and vibration;
Proposed use generates none of the five environmental
nuisances.
6) That directional lighting will be provided so as not to disturb or ad-
versely affect neighboring properties;
Security lighting on church building will not adversely
affect surrounding properties .
7) That there are sufficient landscaping and screening to insure harmony and
compatibility with adjacent property;
On-site landscaping surrounding main building is adequate
for proposal .
8) That the proposed use is in accordance with the comprehensive plan;
Proposed use is in a Neighborhood Growth Unit and is in
accordance with the plan.
Page 4
SPEC:FIC USE PERMIT REVIEW
ORDINANCE REQUIREMENTS PROPOSAL
1. Description of processes and------------Northwest Church of Christ;
activities. attendance: 225;
two Sunday services ;
one Wednesday evening ser-
vice.
2. Boundaries of area covered by site ------561 x 280 , 3 . 6 acres
plan with dimensions.
3. Existing and proposed building
locations with:
- number of stories; ------------------- two
- height; ------------------------------ 29 feet
- gross floor area; -------------------- 11, 075 sq. ft. (auditorium,classrooms & baptistry)
- entrances and exits. ----------------- from Highway 105
4 . Existing drainage locations and --------- to on-site catch basins ,
direction of flow. then to east
5. Proposed landscaping and screening ------ landscaping to surround
buffers . main building
6• Location and dimensions of:
- curb cuts (existing and proposed) ;----proposed: 1 at 65 feet
public and private streets , showing --Highway 105: 100 foot right -
rights-of-way widths; of-way
- Darking and loading areas;------------parking for 100 vehicles
- pedestrian walks; ------------------_
-around main building at
entrance
-- exterior lighting; -------------------on building eaves
trash storage locations; -------------normal collection
7. Fences or screening provisions ----------fencing not included in
showing location, type and height. proposal
8 . Sian height, location and dimensions.--- size: 13 ' x 3 ' 9" (47 sq. ft.
g height: 4 . 6 feet
minimum setback: 25 feet
• FILE 939-P. REQUEST FOR A SPECIFIC
USE PERMIT TO ESTABLISH A CHURCH AND
ACTIVITIES BUILDING ON A 3.6 ACRE
TRACT OUT OF D. EASELEY SURVEY ABST,21
APPLICANT: NORTHWEST CHURCH OF CHRIST
n
RS . 1/200
ILV
NOTE: DISTANCE TO MAJOR V
DRIVE/HIGHWAY 105 INTERSEC-
TION IS APPROXIMATELY 1200
FEET.
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NO ORDINANCE NO.
ENTITLED AN ORDINANCE ISSUING A SPECIFIC
USE PERMIT FOR A CHURCH AND ACCESSORY
ACTIVITIES BUILDING IN AN RS
(RESIDENTIAL SINGLE FAMILY DISTRICT) ON
PROPERTY LOCATED AT 7750 HIGHWAY 105.
WHEREAS, the Planning and Zoning Commission of the City of
Beaumont considered the issuance of a' specific use permit for a
church and accessory activities building on property located at 7750
Highway 105, Beaumont, Jefferson County, Texas, to Northwest Church
of Christ, its legal representatives, successors, and assigns for
that certain property hereinafter described; and,
WHEREAS, the City Council is of the opinion that the
issuance of such specific use permit is in the best interest of the
City of Beaumont and its citizens, subject to the hereinafter
described conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1.
That all conditions necessary for issuance of a specific
use permit have been met and a specific use permit for a church and
accessory activities building on property located at 7750 Highway
105, Beaumont, Jefferson County, Texas, in accordance with Section
30-26 and Section 30-40 of the Code of Ordinances of the City of
Beaumont, as amended, is hereby granted to Northwest Church of
Christ, its legal representatives, successors and assigns for that
certain tract described on Exhibit "A" attached hereto and made a
part hereof for all purposes.
Section 2.
That the specific use permit herein granted is expressly
issued for and in accordance with each particular and detail of the
site plan attached hereto as Exhibit "B" and made a part hereof for
all purposes.
PASSED BY THE CITY COUNCIL-of the City of Beaumont this the
day of 19
Mayor -
- 2 -
4.
August 21, 1984
Council Letter 708
Honorable Mayor and
Members of City Council
Subject: Abandonment of a 20-foot alley in Block 60 , Van Wormer
Addition.
GENERAL INFORMATION
Applicant M. R. Andrus, Jr.
Status of Applicant property owner
Requested Action alley abandonment
Purpose of Request increase useable area in rear
yard
Property Description 20-foot alley in Block 60 , Van
Wormer Addition
Existing Zoning and Land Use LI (Light Industrial) , vacant
EXISTING UTILITIES
6-inch sanitary sewer line
ANALYSIS
All City departments and public utilities have submitted their
respective approval.
PLANNING STAFF RECOMMENDATION
Staff recommends approval of the alley abandonment as a public
right-of-way subject to its retention as a general utility easement.
PLANNING COMMISSION RECOMMENDATION
The Commission recommended approval of the abandonment as a public
right-of-way subject to its retention as a general utility easement
by a vote of 6 to 0 .
Page 2
The City Manager recommends approval of the ordinance.
Karl Nollenberger
City Manager
cc: Sherell Cockrell, Planning Director
FILE 423—OB. REQUEST TO ABANDON A
20—FOOT ALLEY IN BLOCK 60, VAN
WORMER ADDITION.
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APPLICANT: M. R. ANDRUS, JR.
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NO
ORDINANCE NO.
ENTITLED AN ORDINANCE VACATAI NG AND
ABANDONING A 20-FOOT ALLEY LOCATED
IN BLOCK 60, VAN WORMER ADDITION,
BEAUMONT, JEFFERSON COUNTY, TEXAS
AND PROVIDING FOR RETENTION AS A
UTILITY EASEMENT.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT that certain 20-foot alley located in Block 60, Van Wormer
Addition, as shown on Exhibit "A" attached hereto, be and the same
is hereby , vacated and abandoned, and that title to such property ,
other than the rights retained herein, shall revert to and become
the property of the persons entitled thereto, as provided by law;
providing, however, that the hereinabove described tract of land is
expressly retained by the City of Beaumont as an easement for
general utility purposes only.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 19
- Mayor -
5.
August 24, 1984
Council Letter 717
Honorable Mayor and
Members of City Council
Subject: Amendment to Franchise Ordinance with Liberty Tele-Communications,
Inc.
The agreement reached between the City and Liberty Tele-Communications, Inc. ,
with respect to a rate revision, included as apart of the overall package
an extension of the term of the franchise until 1999. In addition, as per the
agreement, the franchise now includes the language that will cause the company
to pay a 3 percent fee, based on the gross receipts from all sources within
its operation. This contrasts with the present practice of a payment based
solely on receipts from basic subscription services only.
This is the first of three readings, as required by law.
It is recommended that this ordinance be adopted.
Karl Nollenberger
City Manager
.. 1 n 1� it •B_c"� y��iii.(i
NO
ORDINANCE NO.
AN ORDINANCE- AMENDING THE FRANCHISE GRANTED
TO BEAUMONT CABLEVISION, INC . PREDECESSOR
OF LIBERTY T. V. CABLE, INC. ON NOVEMBER 25,
1975, BY INCREASING THE PAYMENTS TO BE
MADE THEREUNDER AND BY EXTENDING THE TERM
THEREOF .
WHEREAS, by ordinance adopted- on third and final reading on
November 25, 1975, said ordinance becoming effective April 1 , 1976,
the City of Beaumont ( the "City" ) granted Beaumont Cablevision,
Inc. , the predecessor of Liberty T. V. Cable, Inc. ( the "Company" ) ,
the franchise ( the "franchise" ) to conduct within the City a cable
television business and to use the streets, alleys and public ways
of the City for the purpose of conducting such business; and,
WHEREAS, the franchise is for a term of fifteen ( 15) years
commencing on April 1 , 1976 ; and,
WHEREAS, as compensation for the use of the streets, alleys
and public ways of the City, the franchise required the Company to
pay the City each year an annual payment equal to three percent
( 30 ) of gross annual basic subscriber revenues received for cable
television operations in the City for the preceding calendar year;
and,
WHEREAS, City and Company desire to amend the franchise by
extending the term thereof and by increasing the annual payment
made by Company to City as compensation for the use of streets,
alleys and public ways of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY OF BEAUMONT:
Section 1 .
That Section II( 4 ) be, and the same is hereby , repealed and
removed from the franchise.
Section 2.
That Section III( l) be, and the same is hereby , amended to
read as follows:
"Upon the filing with the City by Company of the
acceptance required hereunder, the franchise, as
amended by this ordinance, shall be in full force
and effect for a term and period of fifteen ( 15)
years from and after April 1 , 1984, or until
March 31 , 1999, unless sooner terminated as
provided herein. "
Section 3 .
That Section IX( l) of the franchise be, and the same is
hereby, amended to read as follows:
"Section IX( 1 ) . The Company shall pay to the City
on or before March 31 of each year, a three
percent ( 30 ) franchise fee based on the gross
receipts of the Company from all sources from its
operations within the corporate limits of the City
for the preceding calendar year. No other fee,
charge or consideration, shall be imposed. Sales
taxes or other taxes levied directly on
subscription basis and collected by the Company
shall be deducted from the gross receipts before
- 2 -
v
computation of sums due the City is made. The
company shall provide an annual summary report
showing the gross receipts of the Company from
all sources from its operations within the
corporate limits of the City during the
preceding calendar year. "
Section 4-.
That all provisions of the franchise adopted on third and
final reading on November 25, 1975, except those sections amended
herein which are hereby adopted as amended, shall remain in full
force and effect and shall not be affected by passage of this
ordinance.
Section 5 .
Company shall, within thirty ( 30) days from the date of the
final passage of this ordinance by the City Council of the City of
Beaumont, file with the City Clerk of the City of Beaumont, a
written statement signed in its name and behalf in the following
form:
"To the Honorable Mayor and the City Council
of the City of Beaumont:
Liberty T. V. Cable, Inc. , for itself , its
successors and asigns, hereby accepts the attached
ordinance finally passed by the City Council of the
City of Beaumont, the day of
3 -
1984, and agrees to be bound by all of its terms
and provisions.
LIBERTY CABLE T. V. , INC .
By
Dated this the day of 19 "
Section 6 .
The full text of this ordinance shall, after final passage
by the City Council of the City of Beaumont, be published once each
week for four ( 4 ) consecutive weeks in a newspaper of general
circulation published in the City of Beaumont, and the expense of
such publication shall be borne by Company. Upon said publication
being completed and the acceptance of this ordinance by Company is
herein provided, this ordinance shall take effect sixty-one ( 61 )
days after its adoption on third and final reading by the City
Council of the City of Beaumont.
PASSED First Reading on the day of ,
19
PASSED Second Reading on the day of ,
19
PASSED Third and Final Reading on the day of
, 19
PASSED AND APPROVED this the day of
19
Mayor -
4 -
6.
August 24, 1984
Council Letter 718
Honorable Mayor and
Members of City Council
Subject: College Street TIP Project
As part of the City's Transportation Improvement Program (TIP) , College Street
will be improved by widening to four lanes from Main Street to 11th Street
with a continuous left-turn lane provided from Pearl Street to Neches Street,
from Avenue A to Avenue C and from 4th Street to 11th Street. The degrees of
curvature at the railroad between Avenue G and Amarillo will be lessened to
better accommodate traffic. The project also includes realignment of the
north side of 8th Street to produce a safer and clearer operation.
Appraisals are needed to establish the value of right-of-way for this project.
All buildings within the area which are planned to be taken for right-of-way
will be appraised. It is standard procedure to hire two appraisal firms as
this process results in more equitable offers and thus fewer condemnation
cases. Four firms indicated interest. These firms are:
Cook and Associates
Jack C. Aulbaugh, Inc.
American Real Estate
Hare, Burns and Osborne
Cook and Associates and Jack C. Aulbaugh, Inc. presented the most advantageous
proposals. Both are competent, established firms with wide experience in ap-
praising commercial as well as residential properties. Each contract would
not exceed $18,500, with each firm stipulating an hourly charge of $50. The
other two firms sending proposals are currently employed by the City for the
Highland Avenue TIP Projecy.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
NO
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF B EAUMO NT:
THAT the City Manager be, and he is hereby , authorized to enter
into an agreement with the appraisal f irms of Cook and Associates
and Jack C . Aulbaugh, Inc. to furnish appraisals of property
necessary for the College Street T. I. P. Project at a cost to the
City not to exceed $18 ,500 for each contract.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
7.
August 24, 1984
Council Letter 719
Honorable Mayor and
Members of City Council
Subject: Willow Bend Drive Participation Project II
On January 17, 1984, City Council passed a resolution authorizing the City
Manager to enter into an agreement with Beaumont Willow Creek Development
Company, Developer, and Kohler and Kohler, Consulting Engineers, to parti-
cipate in the paving of Willow Bend Drive from Walden Road south a distance
of 3,300 feet.
Bids were received on August 6, 1984. Of the eleven bids received, the
lowest was submitted by E. R. Dupuis Construction Company in the amount of
$321,627.93, which is $27,722.07 less than the $349,350.00 estimated cost.
In accordance with the City's Participation Policy, the City' s share will be
$123,254.72, including engineering fees. The money for the City match is
available within the 1984 Street System Improvement Fund. The contract is
for 60 working days (an estimated 120 calendar days) . The bids are as fol-
lows:
E. R. Dupuis Construction Co. $321,627.93
John Bankston 325,302.90
Troy Dodson 346,399.95
JCN Pavers, Inc. 356,608.20
Mason Construction Co. 360,691.50
Greer Construction Co. 365,863.68
MACO, Inc. 368,721.99
Russ Miller Construction Co. 373,621.95
Gulf Coast Industrial 381,108.00
Trotti and Thomson 386,688.51
Bella Company 417,721.54
E. R. Dupuis Construction Company has indicated that 11 percent of the con-
tract will be allocated to Edwards Construction Company to meet the Minority
Business Utilization Commitment of this contract.
It should be noted that it has been standard practice for the City to parti-
cipate with developers in the construction of collector streets in and
through residential areas. In all instances where it is felt that adequate
Council Letter 719
August 24, 198,f—
Page 2
vehicle movement will require more than a standard 27-foot residential street,
the City, under its Participation Policy, agrees to "pay all increased costs
associated- with the construction of said streets to the extent said costs
exceed that necessary to build a residential street". (Section 23-8 of the
Code of Ordinances. )
This particular project involves the construction of a 37-foot collector street
in lieu of a 27-foot residential street.
It is recommended that this resolution be approved.
O�?W A4-4ta/-07
Karl Nollenberger
City Manager
WALDEN ROAD
.,yL4
q� WILLOW BEND DR
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'WILLOW
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WILLOW BEND DRIVE - PARTICIPATION PROD.
WILLOW CREEK COUNTRY CLUB EST.
PREPARED BY : URBAN TRANSPORTATION DEPT.
ENGINEERING DIVISION
Aft,- IDA ITEM
NO 7
R E S O L U T I O N
WHEREAS, on August 6 , 1984, bids were received for
the paving of Willow Bend Drive from Walden Road South a distance
of 3 ,300 feet; and,
WHEREAS, E. R. Dupuis Concrete Co. submitted a bid in the
amount of $321,627. 93, the City' s share of which is is $123, 254. 72 ;
and,
WHEREAS, the City Council is of the opinion that the bid
submitted by E. R. Dupuis Concrete Co. is the lowest and best bid
and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of E. R. Dupuis Concrete Co. be accepted by the City
of Beaumont, and the City Manager be, and he is hereby, authorized
to enter into a contract with E. R. Dupuis Concrete Co. in the
amount of $321,627. 93, the City' s share of which is $123, 254.72 ,
for the paving of Willow Bend Drive from Walden Road South a
distance of 3 ,300 feet.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
8.
August 24, 1984
Council Letter 720
Honorable Mayor and
Members of City Council
Subject: Whitson's Way Participation
On November 22, 1983, City Council passed a resolution authorizing the City
Manager to enter into to a n agreement with Washington West Limited, Developer,
and Kohler and Kohler, Consulting Engineers, to participate in the paving of
Whitson's Way from Washington Boulevard, a distance of approximately 615 feet
southeasterly.
Bids were received on August 6, 1984. Of the 13 bids received, the lowest
was submitted by E. R. Dupuis Construction Company in the amount of $76,008,
which is $12,542 less than the $88,550 estimated cost. In accordance with
the City's Participation Policy, the City' s share will be $30,818.59, in-
cluding engineering fees. The money for the City match is available within
the 1984 Street System Improvement Fund. The contract is for 90 working days
(an estimated 180 calendar days). The bids are as follows:
E. R. Dupuis Construction Co. $76,008.00
Gulf Coast Industrial Construction 80,387.50
John Bankston Construction Co. 84,750.00
Jim Walters Construction Co. , Inc. 85,232.50
JCN Pavers, Inc. 85,260.00
Barns Construction Co. 91,275.00
Russ Miller Construction Co. 91,404.00
Bella Company 92,102.50
Mason Construction Co. 92,680.00
MACO Construction Co. 94,295.00
Trotti and Thomson 95,730.00
Greer Construction Co. 97,695.00
Baytown Construction Co. 99,575.00
E, R, Dupuis Construction Company has indicated that 14 percent of the con-
tract will be allocated to Edwards Construction Company to meet the Minority
Business Utilization Commitment of this contract.
Council Letter 720
August 24, 1984
Page 2
This project involves the construction of a 37-foot collector street in lieu
of a 27-foot residential street.
It is recommended that this resolution be approved.
/X� A-,V� pp
Karl Nollenberger
City Manager
RTEN
NO-
R E S O L U T I O N
WHEREAS, on August 6 , 1984, bids were received for the
paving of Whitson' s Way from Washington Boulevard a distance of
approximately 615 feet southeasterly; and,
WHEREAS, E. R. Dupuis Concrete Co. submitted a bid in the
amount of $76,008, the City' s share of which is is $30,818. 59; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by E. R. Dupuis Concrete Co. is the lowest and best bid and
should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid of E. R. Dupuis Concrete Co. be accepted by the City of
Beaumont and the City Manager be, and he is hereby , authorized to
enter into a contract with E. R. Dupuis Concrete Co. in the amount of
$76,008, the City' s share of which is $30,818. 59, for the paving of
Whitson' s Way from Washington Boulevard a distance of approximately
615 feet southeasterly.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the
day of 1984.
Mayor -
1�
H I�TSON WAY
WA�HINGT
1_ O
L N VA CANAL
BAKER ROAD
LOCATION PLAN
SHOWING
WHITSON WAY
IN
WASHINGTON WEST SUBD .
PREPARED BY: URBAN TRANSPORTATION DEPT.
ENGINEERING. DIVISION
t
r
i
CONSENT AGENDA
AUGUST 28, 1984
* Approval of Minutes.
a. A resolution making committee appointments.
b. A resolution authorizing payment for repairs to a gas line
at the Health Department.
c. A resolution accepting water, sanitary sewer, storm sewer
and street improvements in Hidden Valley Estates for City
maintenance.
d. A resolution authorizing payment for an air conditioning
unit in the Street Division.
e. A resolution authorizing purchase of a generator for Engine
No. 10 at the Fire Department.
f. A resolution authorizing an annual subscription to the
Moody's Investor Service for the Library system.
g. A resolution authorizing execution of a construction permit
and a right-of-way agreement with the Lower Neches Valley
Authority.
h, A resolution authorizing purchase of a data processing
printer.
a.
August 24, 1984
Council Letter 707
Honorable Mayor and
Members of City Council
Subject: Committee Appointments
A resolution making committee appointments is on the agenda for Council con-
sideration Tuesday.
Clyde Vincent and Katie Lane Duff, on nominations by Councilmembers Brumley
and Weisbach, respectively, would be reappointed to the Parks and Recreation
Advisory Committee. Their terms would conclude June 30, 1986.
It is recommended that this resolution be approved.
�&(�U
Karl Nollenberger
City Manager
NOD a--�
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUkONT:
THAT Clyde Vincent and Katie Lane Duff be appointed to the Parks &
Recreation Advisory Commission with terms expiring on June 30,
1986.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
b.
August 24, 1984
Council Letter 706
Honorable Mayor and
Members of City Council
Subject: Emergency Repair Authorization for Health Department
On July 24, 1984, the Health Department discovered a major gas line leak on
its property at 950 Washington Boulevard. The Fire Department and the gas
company shut off the gas and ordered it remain off until all leaks were re-
paired. Since the main use of gas is for the Health Department laboratory
which services all other Health Department programs, critical services were
in effect shut down until repairs could be made. This necessitated an emer-
gency repair order. The plumber who had done the emergency water line re-
pairs during last winter's hard freeze was called to do the work.
Due to the age of the Health Department buildings and the condition of the
pipes, new pipe had to be installed from the meter to the buildings. The
old pipe throughout the complex would not hold pressure and was literally
collapsing due to age.
The total bill comes to $4,520.65, which includes $1,345.65 for material and
$3,175.00 for labor. Monies are available within the Department of Building
and Housing Services for this expenditure.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
NO
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to pay Hodges
Plumbing Four Thousand Five Hundred Twenty Dollars and Sixty-Five
Cents ($4 ,520.65) for the emergency installation of a new gas line at
the Health Department.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
c.
August 23, 1984
Council Letter 715
Honorable Mayor and
Members of City Council
Subject: Acceptance of Hidden Valley Estates
Final inspection of the water, sanitary sewer, storm sewer and street improve-
ments constructed in Hidden Valley Estates has been made by the Water Utilities
Department and the Engineering Division of the Urban Transportation Department.
These improvements were found to be constructed in accordance with City stan-
dards, and it is recommended that they be accepted for City maintenance.
Street Improvements
- Wooded Creek Drive from Hidden Valley Drive, approximately
275 feet east to and including the cul-de-sac.
- Pleasant Bend Drive from Hidden Valley Drive, approximately
255 feet west to and including the cul-de-sac and east ap-
proximately 825 feet to Enchanted Avenue.
- San Anselm
o Drive ve from Pleasant Bend Drive, approximately
488 feet south to Guess Road.
- Hidden Valley Drive from Pleasant Bend Drive, approximately
1,130 feet in a northeasterly direction to Enchanted Avenue.
- Enchanted Avenue from Pleasant Bend Drive, approximately
380 feet north.
Water Improvements
Lots 1 - 28, Block 1
Lots 1 - 20, Block 2
Lots 1 - 18, Block 3
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
r
R E S O L U T I O N
WHEREAS, the developers of Hidden Valley Estates have
completed the water, sanitary sewer, storm sewer and street
improvements as follows:
Street Improvements:
Wooded Creek Drive from Hidden Valley Drive
approximately 275 feet east to and including
the cul-de-sac
Pleasant Bend Drive from Hidden Valley Drive
approximately 255 feet west to and including
the cul-de-sac and east approximately 825
feet to Enchanted Avenue
San Anselmo Drive from Pleasant Bend Drive
approximately 488 feet south to Guess Road
Hidden Valley Drive from Pleasant Bend Drive
approximately 1130 feet in a northeasterly
direction to Enchanted Drive
Enchanted Avenue from Pleasant Bend Drive
approximately 380 feet north
Water and Sewer Improvements:
Lots 1-28 , Block 1
Lots 1-20, Block 2
Lots 1-18 , Block 3
and,
WHEREAS, the developers of said subdivision desire to
have these improvements accepted and maintained by the City; and,
WHEREAS, the directors of the Urban Transportation and
Water Utilities departments recommend that said improvements qualify
for acceptance for permanent maintenance, and the City Council is of
the opinion that said improvements should be accepted and maintained
by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the water, sanitary sewer, storm sewer and street improvements
in Hidden Valley Estates, as above described, be, and the same are
hereby , accepted by the City of Beaumont and shall be continuously
maintained by the City.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
2 -
d.
August 24, 1984
Council Letter 713
Honorable Mayor and
Members of City Council
Subject: Payment for Air Conditioning Unit
The central air conditioning unit at the Street Division facility malfunctioned
on July 23, 1984, and was unable to be repaired. Informal bids were taken over
the telephone from three local vendors as follows:
Efficient Systems $1,223.00
Air Comfort 1,396.20
Lindy Dennis 1,770.00
Due to the extreme temperatures in the work area, a new air conditioning unit
needed to be purchased immediately. The Efficient Systems price of $1,223
was the lowest and best bid, and an emergency order was issued. Funds were
taken from the Building Maintenance - Urban Transportation - Street Division
1984 budget.
It is recommended that this resolution be approved.
L
Karl Nollenberger
City Manager
� T, �� , "Taff
NO.
-
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay
Efficient Systems One Thousand Two Hundred Twenty-Three Dollars
($1 ,223) , as the lowest and best of informal bids, for the emergency
installation of an air conditioning unit at the Street Division
facility.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
e.
August 24, 1984
Council Letter 716
Honorable Mayor and
Members of City Council
Subject: Purchase of 3500-watt Generator
Bids were received from three vendors for furnishing a 3500 GE Hale 3500-watt
generator for use in the Fire Department. The bids are as follows:
Casco Industries, Inc. $1,360
Halprin Supply Company 1,680
Claude Write and Associates 1,498
This generator is for use on Engine No. 10 for operating emergency lights and
equipment. Funds are available within the 1984 Operational budget.
It is recommended that the bid of Casco Industries, Inc. , in the amount of
$1,360, be approved.
/L 'w , (1
Karl Nol1enberger
City Manager
NO
R E S O L U T I O N
WHEREAS, bids were received for the purchase of one ( 1 )
3500 watt generator for use in the Fire Department; and,
WHEREAS, Casco Industries, Inc. submitted a bid in the
amount of $1 ,360 ; and,
WHEREAS, the City Council is of the opinion that the bid
submitted by Casco Industries, Inc. is the lowest and best bid and
should be accepted;
NOVI, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Casco Industries, Inc. in the amount of
$1 ,360 for the purchase of one ( 1 ) 3500 watt generator is hereby
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
- Mayor -
August 24, 1984
Council Letter 714
Honorable Mayor and
Members of City Council
Subject: Annual Subscription to Moody's Investor Service
On an annual basis, the Moody's
s Investor Service furnishes the Library with
manuals from the areas of Banks and Finance, Industrial , Public Utilities
and Transportation. Information on bonds and dividends on weekly or bi-
weekly updates are provided in all of these areas. This service is a part
of our reference department at the Beaumont Public Library and is used
heavily by Library patrons.
Bids were not taken because Moody's Investor Service is the only company
that furnishes this kind of material to libraries. Renewal of the service
will cost $1,085. Money is available under educational materials from the
General Fund.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
J Nan
PSG!
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby , authorized to pay Moody' s
Investor Service One Thousand Eighty-Five Dollars ( $1 ,085) for an
annual subscription.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
Mayor -
1
9•
August 24, 1984
Council Letter 712
Honorable Mayor and
Members of City Council
Subject: Construction Permit and Right-of-Way Agreement with Lower Neches
Valley Authority
Willow Bend Drive, which is in a City-developer participation project, is being
constructed as a 37-foot collector street. It crosses two canals owned by the
Lower Neches Valley Authority - the Tillery Lateral and the Tyrrell Lateral .
The project will include approximately 100 linear feet of 30-inch diameter pipe,
to be installed across the Tillery Lateral , and 120 linear feet of 24-inch
diameter pipe to be installed across the Tyrrell Lateral .
It is necessary to obtain a Construction Permit and a Right-of-Way Agreement
prior to beginning any work within the limits of the Lower Neches Valley
Authority's right-of-way. There is no cost to the City for the permit or the
agreement.
It is recommended that this resolution be approved.
Karl Nollenberger
City Manager
' I
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•�������=PROPOSED 3300' PROJECT
EXISTING PAVING
— �— �— —:PROPOSED FUTURE PAVING
PROPOSED LOCATION KOHLER & KOHLER
OF ENGINEERS & SURVEYORS
WILLOW BEND DRIVE 1630 N. MAJOR DR.
BEAUMONT, TEXAS
A CITY PARTICIPATION PROJECT SCALE:1"=2000' DATE: NOV.,1983
REV. AUG.,1984
GE- 1 ; ° A RTZX
N0._
R E S O L U T I O N
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be authorized to enter into a right-of-way
agreement and a construction permit with the Lower Neches Valley
Authority ( L. N.V.A. ) prior to commencement of construction of
Willow Bend Drive as a 37-foot collector street.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984.
Mayor -
h .
August 24, 1984
Council Letter 723
Honorable Mayor and
Members of City Council
Subject: Purchase of Data Processing Printer for Health Department
The Texas Department of Health gave the City Health Department $26,000 in
funds to purchase data processing equipment and software to enable the City
to provide data directly to the state. Council last week accepted the low
bid of $17,225 for this equipment. Some $8,775 in committed funds remain.
Some of these funds will be used to purchase necessary software. The Health
Department has requested permission to use $1,995 of the remaining funds to
purchase a letter-quality printer to allow the Department to increase its
options in making maximum use of the various pieces of hardware already pur-
chased. The bids are:
MicroAge Computer Stores;
Beaumont $1,995
Computer Concepts; Beaumont 2,066
IBM; Beaumont 2,290
It is recommended that the low bid of MicroAge Computer, in the amount of
$1,995, be approved.
174
Karl Nollenberger
City Manager
Act A ITEM
NO
R E S O L U T I O N
WHEREAS, bids were received for the purchase of
a printer for the Health Department,,.. and,
WHEREAS, MicroAge Computer Stores of Beaumont,
Texas, submitted a bid in the amount of $1,995; and,
WHEREAS , the City Council is of the opinion that
the bid submitted by MicroAge Computer Stores is the lowest and
best bid and should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by MicroAge Computer Stores in the amount
of $1,995 for the purchase of a printer for the Health Depart-
ment is hereby accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this
the day of 1984 ,
Mayor -
WORK SESSION AGENDA
AUGUST 28, 1984
CITY COUNCIL CHAMBERS
1. Discussion of:
a. Deerwood Apartments
b. King Edward Hotel/Beaumont Retirement Hotel
2. Discussion of Affirmative Action and Grievance procedures.
3. Discussion of budget.
W/S
August 21, 1984 1 a.
Council Letter 721
Honorable Mayor and
Members of City Council
Subject: Beaumont Multi-Family Housing Finance Corporation - Deerwood
Apartments
P. Rowan Smith, Jr. , President of Regional Construction, Inc. , is requesting
$4,700,000 in mortgage revenue bonds from the Beaumont Multi-Family Housing
Finance Corporation for Deerwood Apartments, Phase II of Creekwood Apartments.
The proposed project will be located on Park North Drive, consisting of ap-
proximately 168 apartment units. At least 20 percent of the units will be
designated for low and moderate income persons as stipulated by Section 103
(b) (4) (A) of the Internal Revenue Code.
The following table listed below describes the types of units, square footage
and proposed rents for the Deerwood Apartments:
No. Type S.F. Rent
48 1B2Bth 578 $365
16 1B2Bth F/P 578 385
48 2B1.5B5h 768 410
24 2B2Bth 897 470
16 2B2Bth F/P 897 490
16 1B1Bth/Study 739 420
168
For your review, we have attached copies of income certifications used in
selecting tenants, a real estate appraisal and a market analysis used by the
developer of Deerwood Apartments. The Board of Directors has requested a
study of the apartment projects that have been financed by the Beaumont Multi-
Family Housing Finance Corporation. The staff is developing the information
which will be ready for discussion On Tuesday.
Please review the items mentioned above as a part of your discussion relat-
ing to the possible passage of an inducement resolution for Deerwood Apart-
ments.
?107
Karl Nollenberger
City Manager
W/S
August 24, 1984 1 b.
Council Letter 722
Honorable Mayor and
Members of City Council
Subject: Beaumont Industrial Development Corporation - King Edward Hotel/
Beaumont Retirement Hotel
Waterford Associates, Ltd. , the new successor in interest to SS/RW Properties,
Inc. , is seeking Industrial Revenue Bond financing for $7,000,000. In
December, 1983, an inducement resolution was passed by the Industrial Develop-
ment Corporation Board of Directors to issue the bonds. Because of the change
in ownership interests of SS/RW Properties and a change in membership of the
Industrial Development Corporation Board of Directors, we are asking City
Council to review this project before holding a public hearing. We are also
asking City Council to review a request by the Urban Group for $1,400,000
in Industrial Revenue Bonds to rehabilitate the Beaumont Retirement Hotel .
Formerly known as the King Edward Hotel located on the Pearl-Orleans Street
Connector, Waterford Associates, Ltd. is proposing in Phase I to rehabilitate
the hotel to include 99 suites for daily occupancy and in Phase II, a parking
facility to service the hotel and an office building. Renovation of this
hotel will provide an estimated 100 new jobs.
The second project you are asked to review is proposed by the Urban Group.
They are requesting $1,400,000 in Industrial Revenue Bonds to acquire and re-
habilitate the Beaumont Retirement Hotel . This hotel currently is a senior
citizens congregate facility located at 625 Orleans Street and has 185 rooms.
It provides low and moderate income seniors with furnished rooms, two daily
meals, maid services, recreational services and a social director. Proponents
of this project will continue to lease rooms on a short-term basis to low and
moderate income seniors. In addition to 28 existing jobs, five to ten new
jobs will be created.
Before issuing Industrial Revenue Bonds to Waterford Associates, Ltd. to re-
habilitate the King Edward Hotel and issuing an inducement resolution to
rehabilitate the Beaumont Retirement Hotel , we are requesting City Council to
review these projects.
Karl Nollenberger
City Manager
W/S
August 27, 1984 2.
Council Letter 724
Honorable Mayor and
Members of City Council
Subject: Affirmative Action and Grievance Procedures
In an effort to improve employee relations in the City work force, the
Management Team responded to the request of Council to increase our Affirma-
tive Action efforts and upgrade and improve our grievance policy and proce-
dure.
In December of last year, we adopted a second Affirmative Action Plan intended
for use over the next five-year period.
The City work force is divided for the purpose of the plan into seven cate-
gories that are adopted from E.E.O.C. Guidelines.
While we are committed to the overall Affirmative Action Program, it was ne-
cessary to prioritize by occupational categories in order to enable us to
focus in on those areas where deficiencies were most apparent.
In order to address the most crucial areas, the Official/Administrative, the
Professional and the Technical categories were listed as the number one
priority. The following tabular information shows our position in these areas
through June 30th.
OFFICIAL/ADMINISTRATIVE
September, 1983 Composition - 62 Positions
White Black Hispanic Other Female
49 9 1 - 10
83% 15% 2% 17%
March 31,1984 Composition - 60 Positions
White Black Hispanic Other Female
45 13 2 - 13
75% 22% 3% 22%
June 30, 1984 Composition - 60 Positions September, 1984 Target
White Black Hispanic Other Female Black Hispanic Female
43 14 3 - 15
72% 23% 5% 25% 19% 3% 21%
Council Letter 724
August 27, 1984
Page 2
Projected Composition - 1988
White Black Hispanic Other Female
40 19 3 25
64% 31% 5% 42%
As can be seen, through June 30, 1984, we have achieved 50 percent of our pro-
jected 1988 composition with respect to black minorities; we have achieved our
goal in hispanics and have increased our female percentage by 8 percent over-
all . In all instances, we are far ahead of our first-year goals that assumes
a working towards compliance by 1988.
PROFESSIONAL
September, 1983 Composition - 73 Positions
White Black Hispanic Other Female
53 15 1 1 31
76% 21% 1% 1% 44%
March 31, 1984 Composition - 75 Positions
White Black Hispanic Other Female `
. 56 17 1 1 35
75% 23% 1% 1% 47%
June 30, 1984 Composition - 80 Positions September, 1984 Target
White Black Hispanic Other Female Black Hispanic
58 18 3 1 37
73% 23% 4% 1% 46% 23% 2%
Projected ,Composition - 1988
White Black Hispanic Other Female
46 23 3 1 31
63% 32% 4% 1% 42%
In this category, we have shown improvement in the two areas of concern, black
and hispanic minorities.
TECHNICAL
September, 1983 Composition - 72 Positions
White Black Hispanic Other Female
50 15 1 - 20
76% 23% 1% 30%
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Council Letter 724
August 27, 1984
Page 3
March 31, 1984 Composition- 74 Positions
White Black Hispanic Other Female
59 14 1 - 25
80% 19% 1% 34%
June 30, 1984 Composition - 72 Positions September, 1984 Target
White Black Hispanic Other Female Black Hispanic Female
57 15 - - 24
79% 21% 33% 24% 2% 31%
Projected Composition - 1988
White Black Hispanic Other Female
45 23 4 27
63% 32% 5% 38%
We are aware of the problems in this area. Currently, steps are being designed
to improve the number of minorities hired. The competitive market and the
shortage of qualified and trained minorities puts an organization that can pay
the most money in the best position to hire and keep these people.
We are looking at the possibility of training employees already employed by the
City. The rate of pay other organizations are offering for technical positions
is also being studied.
The second priority area identified is the area of Protective Services.
PROTECTIVE SERVICES
September, 1983 Composition - 4.36 Positions
White Black Hispanic Other Female
388 40 2 - 21
90% 9% 1% 5%
March '31, 1984 Composition - 427 Positions
White Black Hispanic Other Female
384 41 > 2 - 20
90% 9.5% .5% 5%
Council Letter 724
August 27, 1984
Page 4
June 30, 1984 Composition - 435 Positions September, 1984 Target
White Black Hispanic Other Female Black Hispanic Female
383 48 4 - 19
88% 11% 1% 4% 22% 1% 6%
Projected Composition - 1988
White Black Hispanic Other Female
383 81 17 42
78% 19% 4% 10%
We are making progress in this area with the exception of female. We are look-
ing at ideas that will , hopefully, encourage more women to apply and remain in
City employ.
The Skilled Craft and Service Maintenance categories, comprising some 488 posi-
tions -
tions in the work force, is listed as the third priority in our program.
SKILLED CRAFT `
September, 1983. Composition - 186 Positions
White Black Hispanic Other Female
63 116 5 - 15
34% 63% 3% 8%
March 31, 1984 Composition - 177 Positions
White Black Hispanic_ Other Female
59 113 5 - 16
33% 64% 3% 9%
June 30, 1984 Composition - 174 Positions September, 1984 Target
White Black Hispanic Other Female Hispanic Female
56 113 5 77
32% 63% 4% 42% 3% 15%
Projected Composition - '1988
White Black Hispanic Other Female
61 118 7 77
33% 63% 4% 42%
L
Council Letter 724
August 27, 1984
Page 5
In this area, the effort to continue improvements in female involvement are
continuing.
SERVICE/MAINTENANCE
September, 1983 Composition - 302 Positions
White Black Hispanic Other Female
55 250 4 - 67
18% 81% 1% 22%
March 31, 1984 Composition - 295 Positions
White Black Hispanic Other Female
55 237 3 - 62
19% 80% 1% 21%
June 30, 1984 Composition - 288 Positions September, 1984 Target
White Black Hispanic Other Female Hispanic Female
52 228 8 - 64
18% 79% 3% 22% 2% 27%
Projected Composition - 1988
White Black Hispanic Other Female
55 231 16 129
18% 77% 5% 48%
In this category, we are also experiencing problems in increasing female involve-
ment. We are hopeful of achieving some degree of improvement.
The Clerical/Administrative Support category is listed as our fourth level of
priority.
CLERICAL/ADMINISTRATIVE SUPPORT
September, 1983 Composition - 181 Positions
White Black Hispanic Other Female
109 60 3 - 167
63% 35% 2% 97%
Council Letter 724
August 27, 1984
Page 6
March 31, 1984 Composition - 172 Positions
White Black Hispanic Other Female
102 62 8 - 169
59% 36% 5% 98%
June 30, 1984 Composition - 175 Positions September, 1984 Target
White Black Hispanic Other Female Hispanic
101 61 11 - 169
58% 35% 6% 98% 3%
Projected Composition - 1988
White Black Hispanic Other Female
112 62 7 171
62% 34% 4% 95%
Our target area involved increasing our percentage of hispanics which we have
already achieved.
In summary, we are well pleased with progress in this important program.
Grievance and Affirmative Action
In both the Grievance Procedure and Affirmative Action Plan, we are currently
in the process of holding training sessions for all employees. This extensive
effort is necessary in order to familiarize them with these two important
topics.
With respect to the Grievance Procedure, our entire policy has been rewritten
and furnished to all employees. All supervisory employees have already re-
ceived special training in this area.
In Affirmative Action, copies of the plan summary are being furnished to all em-
ployees and our affirmative action officer is making separate appearances in
the various departments as a part of the ongoing training.
We do feel that these steps will be of benefit in improvimg the area of employee
morale and communication.
Karl Nollenberger
City Manager
i
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CHAPTER V
DISCIPLINE
5. 1 PURPOSE
The City of Beaumont' s disciplinary procedures are designed
to eliminate disciplinary problems in advance as much as possible
by informing our employees which actions may result in discipline
and what steps will be taken. We believe that a uniform procedure
will increase employees' sense of job security by reassuring them
that discipline will be applied only for cause and, even then, only
according to accepted practices and within the limitations of the
law.
Furthermore, these procedures are established to protect
employees from the unsafe actions of their co-workers which might
put them in physical jeopardy, to assure all employees that basic
disciplinary procedures will be applied uniformly in all
departments; and to give employees who violate rules the
opportunity to improve by informing them what specific actions they
should take to meet behavioral and performance standards.
5. 2 ADMINISTRATION
A. Disciplinary action may be administered by an
employee' s department head, ' division head, or supervisor as
appropriate for misconduct only.
B. Misconduct for purposes of disciplinary action includes
but is not limited to:
1. Delay, failure or inability to perform duties;
2. Neglect or abandonment of duties;
3. Discourtesy to co-workers or the public;
4 . Disregard of established policies and procedures;
5. Violation of any City safety rule;
6. Creation of excessive noise when not required by
job;
7. Frequent lateness or absenteeism;
8. Disregard of basic hygiene;
9. Sleeping on the job, except when on call;
10. Possession of any weapon of any type while on
City property;
11. Insubordination--refusing to accept job assign-
ments or any other reasonable request of the
supervisor;
12. Unexcused absence;
13. Habitual abuse of personal leave or short-term
disability or other benefits;
14. waste, damage, or unauthorized use of City
property or supplies;
15. Any unethical, abusive, or unsafe act or profane
language;
16. Violation or City rules and regulations; or
17. Discrimination and/or sexual harassment as defined
by Federal law.
C. Causes for Immediate Termination
An employee may be immediately terminated for reasons
including, but not limited to:
1 . Working under the influence of intoxicants or
bringing alcoholic beverages on City property;
2 . Working under the influence of drugs or bringing
illegal drugs on City property;
3. Stealing or embezzling;
4 . Gambling on City property;
5. Giving out information of a confidential nature to
unauthorized people;
6. Fighting on the job;
7 . Falsifying any records or documents;
8. Making false statements on employment application
or withholding information that should have been
set forth;
9. Unexcused absence for twenty-four ( 24) scheduled
working hours;
10. Committing any illegal act during working hours or
anytime while on City property.
5. 3 Progressive Disciplinary Procedure
The City of Beaumont, in adherence to its policy of
uniformed disciplinary procedures will impose disciplinary action
in a progressive manner except in those cases which result in
immediate termination. This means discipline will be increased in
severity for violations of the policies and procedures.
However, in each situation the employee' s work record and the
particular facts and circumstances surrounding the situation will
be considered in determining the appropriate disciplinary action.
The three steps of progressive disciplinary action are:
A. Reprimands
1. Oral Reprimand - should be used for infractions of a
relatively minor nature. The employee should be made aware that
they are receiving an oral reprimand, the specific reason for such
reprimand, and that if the employee does not take this opportunity
to correct the condition/infraction, more severe disciplinary
action will follow. This warning will not be submitted to the
employee' s personnel file.
2. A Written Reprimand - should be issued by the
supervisor in the event an employee continues to disregard an oral
repimand or if the infraction is severe enough to warrant it. A
written repimand should:
- be entitled "Written Reprimand; "
- contain a detailed explanation of the facts;
- state the rule, policy, etc. , which was violated;
- state prior warnings ;
- make the employee fully aware of the reasons for
the action;
- indicate the consequences of any future
violations;
- be signed by the supervisor and employee;
B. Suspensions - shall be in writing and should be used
only after the employee has received at least one ( 1 ) reprimand or
for more serious infractions. Suspensions shall be used as a last
resort prior to termination except in those cases where the
infraction calls for immediate termination. Suspensions without
pay shall be for a minimum of one ( 1 ) day without pay to a maximum
of ten ( 10) days without pay.
C. Termination - is the proper action when the infraction
is so severe as to necessitate immediate removal or where there are
a series of continually repeated infractions after progressive
discipline.
5. 4 PROCEDURES.
Disciplinary actions should be treated consistently by all
departments of the City. To that end, disciplinary actions,
including reprimands, suspensions, and terminations should be
consistent with city-wide procedures.
5. 5 DISCIPLINE INVOLVING CIVIL SERVICE PERSONNEL.
In cases dealing with employees covered by Civil Service rules
and regulations, the disciplinary actions set forth in this policy
shall be applicable to the extent such policy conforms to
applicable Civil Service rules and regulations, labor agreements
and Texas State Statutes governing Civil Service employment.
5 .6 METHOD OF ADMINISTRATION.
Oral reprimands, written reprimands, or suspensions shall
describe the deficiency or infraction involved and shall state the
likely consequences of further unsatisfactory performance or
conduct. Any written correspondence regarding disciplinary action,
dismissal, or reduction in pay shall be permanently noted in the
employee' s official personnel file in the Personnel Division.
5.7 APPEAL.
A. All appeals of disciplinary action shall be in accordance
with the City' s grievance procedure outlined in Chapter VI.
B. There shall be no right of appeal for probationary
employees except on the ground of discrimination prohibited by law.
CHAPTER VI
Grievances
6. 1 PURPOSE
The purpose of the City' s grievance procedure is to establish a
fair, expeditious and orderly system for the adjustment of
employee grievances. A grievance is defined as any dispute,
claim, or complaint involving wages, hours or working
conditions. Grievances relating to terminations, suspensions
without pay for more than three ( 3 ) days and demotions or
reductions in pay for disciplinary purposes shall be handled
under 6. 4 hereof. If your grievance alleges any
discrimination, you may first attempt to resolve the matter
with the department head, but should you desire, you may
contact the Affirmative Action Office immediately. The process
will be handled through that office according to the guidelines
of the Affirmative Action Plan. All other grievances shall be
handled under 6. 3.
6 . 2 ADMINISTRATIVE POLICY
A. The grievance procedure shall apply to regular full-time
employees of the City of Beaumont. Probationary,
temporary and part-time employees are not entitled to the
protections provided by the City' s grievance procedure.
B. The procedures established by this policy are mandatory and
must be strictly followed. Failure to abide by the
procedures shall be just cause for the grievance to be
dismissed.
C. A grievance not brought to the attention of the appropriate
City official within the time limits established herein
shall not be considered timely and shall be void. However,
in all steps of the grievance procedure, administrative
discretion on extending time limits wi l l be allowed when
justification for an extension is given to the appropriate
individual. Examples of this are: suspension, on vacation,
illness, etc.
D. The employee shall have the right to a representative of
his/her own choice, provided that the employee' s
representative does not claim the right to strike. If the
representative is an attorney, a five-day notice of this
fact shall be furnished to the employer. The employer will
then be represented by legal counsel.
E. Department Directors with the advise of the Personnel
Division are responsible for the administration of the
City' s grievance procedure within their respective
departments.
F. The use of City time to solicit advice or to discuss
grievances with persons other than supervisors, employee
representatives, or City officials must be authorized by
the employee' s Department Director.
G. Grievances shall be considered resolved at any step when
all parties concerned are satisfied.
H. The "City of Beaumont Grievance Form" as shown in the
Appendix, Schedule H , shall be used by employees for the
submission of written grievances.
I. Grievance forms shall be maintained by departments and
made readily available to its employees. Forms may also
be obtained from the Personnel Division.
6. 3 PROCEDURES FOR GRIEVANCES INVOLVING DISCIPLINARY ACTIONS NOT
COVERED BY THE PROCEDURES OUTLINED IN SECTION 6.4 OF THIS
CHAPTER
A. Step 1. An employee who has a grievance shall present it
verbally to his/her immediate supervisor within three ( 3 )
working days of the date that the employee knew or should
have known of the grievable action. The supervisor shall
meet with the employee within three ( 3 ) working days to
discuss the grievance.
B. Step 2. A grievance not resolved in Step 1 shall be
submitted in writing to the employee' s Division Head
within three ( 3 ) working days of the date of the
employee' s meeting with his/her supervisor. The Division
Head shall meet with the employee and the employee' s
immediate supervisor and shall investigate the employee' s
grievance within five ( 5) working days of the date of the
grievance filed by the employee with the Division Head. A
written decision shall be made and a copy provided to the
employee within five ( 5 ) additional working days. In
those instances where the organizational structure of-
the City does not have a designated division head or the
immediate supervisor is the Department Head, the employee
shall proceed with Step 3 of the grievance procedure.
C. Step 3. A grievance not resolved in Step 2 shall be
submitted in writing to the employee' s Department Director
within five ( 5) working days of the date of the Division
Head' s written decision. The Department Director shall
meet with the employee and the Division Head within five
( 5) working days of the date of the employee' s grievance
with the Department Director. A written decision shall be
made and a copy provided to the employee within five ( 5 )
additional working days. Said written decision shall
state the nature of the investigation conducted and the
reasons for the Department Director' s decision.
D. Step 4. A grievance not resolved in Step 3 shall be
submitted in writing to the City Manager within seven (7 )
working days of the date of the Department Director' s
written decision. The City Manager shall render a written
decision within ten ( 10) working days of the date of the
employee' s grievance with the Department Director. The
decision made by the City Manager is final.
6 .4 PROCEDURES FOR GRIEVANCES PERTAINING TO TERMINATIONS,
SUSPENSIONS WITHOUT PAY FOR MORE THAN THREE DAYS, AND
DEMOTIONS OR REDUCTIONS IN PAY FOR DISCIPLINARY REASONS
A. The procedure established in this section shall apply to
regular full-time employees in the case of:
1 . Terminations;
2. Suspensions wi tho ut pay Y for more than three working
days; or
3. Demotions or reductions in pay in current grade for
disciplinary reasons.
B. Pre-termination and pre-reduction in pay procedures:
1 . Three (3 ) days prior to termination, demotion,
suspension, or reduction in pay for disciplinary
reasons a written notice shall be provided to the
employee stating the intended action to be taken,
reason for the action, and the date of the
contemplated action. If written notice is not given
prior to the date of intended action because of
extraordinary circumstances in the opinion of the
supervisor taking disciplinary action, such notice
must be provided within two ( 2) working days after
termination or suspension.
2. This notice must also give the employee a reasonable
period of time to respond to the charges in writing
and to meet with the department head to refute the
charge prior to the date of the intended action.
3 . This notice must also advise the employee of his right
to request a hearing if the Department Director
decides to proceed with the contemplated action after
meeting with the employee and considering his
rebuttal.
4. Failure to provide notice prior to termination,
demotion, suspension, or reduction in pay for
disciplinary reasons, or in extraordinary
circumstances within two working days after such
actions, shall not bar taking such actions. However,
employees shall not be subject to loss of pay or
reduction in pay unless notice is provided as set out
herein.
C. Hearing Procedure:
1 . Employee shall make a written request for a hearing to
the City Manager within five ( 5 ) working days from the
effective date of the Department Director' s decision
to uphold termination, suspension, or demotion.
2. The employee shall have the right to appoint one ( 1 )
member of the impartial panel. Said selection shall
be from a list of employees who have been selected by
the City Manager to serve as committee members for a
period of one ( 1 ) year.
3. Then the City Manager shall appoint two ( 2 ) members of
an impartial three ( 3 ) person panel to conduct a
hearing.
4. The. City Manager shall schedule the hearing no later
than ten ( 10) calendar days from date of appointment
or as soon as practical thereafter. The employee
shall be advised of the names of the witnesses who
will testify against the employee and the nature of
their testimony.
5. At the hearing, the employee shall have the right to
appear personally and through a representative, to
call witnesses and produce evidence in his/her behalf.
All testimony is to be under oath.
6. Promptly after conclusion of the hearing, the panel
shall prepare a written report recommending their
suggested action and stating the reasons therefor.
7. The hearing officer' s report shall be forwarded to the
City Manager who shall make the final decision.
CITY OF BEAUMONT, TEXAS
Disciplinary Action Notice
EMPLOYEE NAME: SS#;
DEPARTMENT/DIVISION: Employee No.
DISCIPLINARY ACTION
Termination ( ) Demotion ( )
Suspension without pay ( ) Reduction in pay ( )
DATE OF NOTICE: EFFECTIVE DATE OF ACTION:
REASON:
ACTION INITIATED BY:
(Name) (Signature)
Employee must respond in writing by (Date/Time)
(Employee Signature) (Date)
EMPLOYEES MAY GRIEVE THE DISCIPLINARY ACTION CONTEMPLATED IN ACCORDANCE
WITH THE GRIEVANCE PROCEDURES OUTLINED IN CHAPTER 6 OF THE PERSONNEL
POLICY MANUAL. EMPLOYEES HAVE THE RIGHT TO REQUEST A HEARING IF THE
GRIEVANCE IS NOT SATISFACTORILY RESOLVED AT THE DEPARTMENT HEAD LEVEL.
CITY OF BEAUMONT
Employee Grievance Form
EMPLOYEE NAME: DATE OF GRIEVANCE:
DEPARTMENT/DIVISION: SUPERVISOR:
STATEMENT OF GRIEVANCE:
ACTION REQUESTED:
List any witnesses: 1. 2.
3. 4.
This form must be returned to by
(Date)
(Employee Signature) (Date)
(Supervisor Signature) (Date)
CITY OF BEAUMONT
Grievance Decision Form
EMPLOYEE NAME: DATE OF GRIEVANCE:
DEPARTMENT/DIVISION: TYPE OF GRIEVANCE:
(Suspension, termination, etc.)
Grievance / /Upheld %/ Overturned Investigation Conducted %J Yes %/ No
Witnesses Interviewed %/ Yes /—/ No Date of Investigation:
DECISION STATEMENT:
(Dept./Div. Signature) (Date)
1. Grievance appealed to Division Head %/ Yes %/ No
2. Grievance appealed to Department Director %/ Yes %/ No
3. Grievance appealed to City Manager / / Yes / / No
(Employee Signature) (Date)
IF YOU APPEAL THIS DECISION YOU MUST FILE YOUR GRIEVANCE WITH THE APPROPRIATE
MANAGEMENT OFFICIAL IN ACCORDANCE WITH CHAPTER 6 OF THE PERSONNEL POLICY MANUAL.
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AFFIRMATIVE ACTION PLAN
CITY OF BEAUMONT
FY 1984
AFFIRMATIVE ACTION PLAN
CITY OF BEAUMONT
FY 1984
PURPOSE
The City of Beaumont has established its Affirmative Action Plan
in accordance with the intent of the rules, regulations, and
guidelines of the various federal, state, and local laws and
agencies having oversight in the equal opportunity area. This
Affirmative Action Plan established by the City of Beaumont
provides for the full implementation of the City's policy on
Equal Employment Opportunity. It is the goal of the City's
written plan to provide equal opportunity for any individual
regardless of race, color, religion, sex, national origin, or
marital status to the terms, conditions, and benefits of employ-
ment. The plan will implement the City's policy to provide moti-
vation and employment opportunities to members of minority groups
and women.
REAFFIRMATION OF
AFFIRMATIVE ACTION POLICY
In 1978, the City of Beaumont adopted its first Affirmative Action
Plan designed to address the problem of inadequate minority representa-
tion in most segments of the City work force. This past year was our
fifth year under the 1978 Affirmative Action Plan. Through this plan the
Page 2
City has significantly increased minority representation in the City
work force. It has been one of our objectives to continue this effort
with the adoption of a second Affirmative Action Plan intended for use
over the next five-year period.
The City through its Affirmative Action Plan is taking the initiative
in abolishing whatever discriminatory practices may exist. As a municipal
government we recognize our legal and moral obligation to remove any
vestigates of distrimination and to provide a merit system where each
employee is respected as an.�individual recognizing his or aspirations,
capabilities, and needs. All employees must be provided fair treatment
and equal opportunity through appropriate policies to rise to as high
a level of responsibility as their talents and diligence will taken them.
As a public employer we recognize that the City of Beaumont has a special
responsibility to adhere not only to the letter of the law, but also
its spirit and to assure fair participation in the City's work force to
all segments of the local population. Recognizing our special
responsibility we therefore commit ourselves to ensure equality of
employment opportunity to all employees and to all citizens of the City
of Beaumont.
Page 3
LEGAL BASIS OF
AFFIRMATIVE ACTION PLAN
Title VII of the Civil Rights Act of 1964
(as amended by the Equal Employment Opportunity Act of 1972)
Title VII prohibits discrimination because of race, color, religion, sex,
or national origin, in any term, condition, or privilege of employment.
The Equal Employment Opportunity Act of 1972 greatly strengthened the
powers and expanded the jurisdiction of the Equal Employment Opportunity
Commission (EEOC) in enforcement of this law. As amended, Title VII
now covers:
1. All private employers of 15 or more persons.
2. All educational institutions public or private.
3. State and local governments.
4. Public and private employment agencies
S. Labor unions with 15 or more members.
6. Joint labor-management committees for apprenticeship
and training.
It shall be an unlawful employment practice for an employer:
1. To fail or refuse to hire or to discharge any individual
or otherwise to discriminate against any individual with
respect to his/her compensation, terms, conditions, or
privileges of employment, because of such individual's
race, color, religion, sex, or national origin; or
2. To limit, segregate, or classify his employees or
applicants for employment in any way which would deprive
Page 4
or tend to deprive any individual of employment opportunities
or otherwise adversely affect his status as an employee,
because of such individual's race, color, religion, sex,
or national origin. (Section 703(a), Title VII, Civil Rights
Act of 1964 as amended by the EEO Act of 1972.)
"Nor shall any State deprive any person of life, liberty, or property,
without due process of law, nor deny to any person within its juris-
diction the equal protection of the laws." (Section 1 of the
Fourteenth Amendment to the U. S. Constitution.)
In 1978 a new Section 801(k) was added to Title VII. This amendment
prohibits discrimination in employment policies because of an applicant's
or employee's pregnancy, or childbirth. It also requires employers to
treat pregnancy and childbirth the same as other causes of disability
under fringe benefit plans.
The Equal Pay Act of 1963 requires all employers subject to the Fair
Labor Standards Act (FLSA) to provide equal pay for men and women
performing similar work. In 1972, coverage of this Act was extended
beyond employees covered by FLSA to an estimated 15 million additional
executive, administrative and professional employees (including
academic, administrative personnel and teachers in elementary and
secondary schools) and to outside sales people.
The Age Discrimination in Employment Act of 1967 prohibits employers
of 25 or more persons from discriminating against persons 40-65 in
any area of employment because of age.
Page 5
Title VI of the Civil Rights Act of 1964 prohibits discrimination
based on race, color, or national origin in all programs or activities
which receive Federal financial aid. Employment discrimination is
prohibited if a primary purpose of Federal Assistance is the provision
of employment such as apprenticeship, training, workstudy, or similar
programs. Revised guidelines adopted in 1973 by 25 Federal agencies
prohibit discriminatory employment practices in all programs if such
practices cause discrimination in services provided to program bene-
ficiaries. This could be unequal treatment of beneficiaries or in
hiring or assignment of counselors, trainers, faculty, hospital staff,
social workers, or others in organizations receiving Federal funds.
In addition, Executive Order No. 11246 which applies to all employers
with 50 or more employees and a government contract or subcontract of
$50,000 or more. It also applies to contractors and subcontractors on
construction projects financed in whole or in part by federal funds.
It requires that every contract contain a clause prohibiting discrimina-
tion based upon race, color, religion, sex, or national origin. In
addition, other guidelines and regulations require contractors and
subcontractors to develop and carry out a written Affirmative Action
Program. This Executive Order is enforced by the Department of Labor's
Office of Federal Contract Compliance Programs.
STATE AND LOCAL LAWS
TEXAS STATE LAIN
On June 25, 1983, the Texas legislature enacted the Commission on
Human Rights Act. This act prohibits discrimination in employment by
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any person, group, labor organization, agency, or any employer or his
agents because of race, color, religion, national origin, sex, age or
handicap. This act assures all persons equal opportunity in employment
and in all labor-management union relations.
CITY OF BEAUMONT ORDINANCE
Section of the Code of Ordinances of the City of Beaumont bars
discrimination in employment or discrimination in advancement of any
person who is an applicant or promotional candidate for a position
because of sex, race, national origin, religion, or political affilitation.
GOALS
LABOR MARKET ANALYSIS
AND UTILIZATION ANALYSIS
The labor market analysis conducted by the City's Affirmative Action
Committee to determine goals included the following data:
1. The minority and female population of Beaumont (SMSA)
The City has approximately 32,153 minority persons and
22,899 females. Minorities comprise approximately 58%
of the total population. Females comprise approximately
42% of the total population.
2. The minority workforce as a proportion of the total work
force in Beaumont is 36%. Females comprise 320 of the
total work force in Beaumont.
The City of Beaumont obtained the actual race/sex breakdown by occupa-
tional category of the total labor force in the city limits of Beaumont
from the University of Texas at Austin, Bureau of Business Research.
The EEO statistics in this report came from the "Census of Population
and Housing, 1980 Equal Opportunity Special Census Tape, U. S.
Department of Commerce Census Bureau." These statistics concerning
r
1
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the race/sex composition of the total labor force in Beaumont, Texas
is the criteria for determining the City's overall affirmative action
goals. In conjuction with the labor market analysis, a utilization
analysis was also conducted. The objective of the utilization analysis
was to determine where in the City's work force minorities and women were
underutilized. Utilization statistics were collected from all City Depart-
ments. Attached as Appendices A and B are photocopies of the labor
market and utilization analysis conducted by the City. Based on the in-depth
evaluation conducted by the Affirmative Action Committee, the following goals
were established for minorities and females:
ADMINISTRATIVE,, PROFESSIONAL, AND TECHNICAL - 1ST PRIORITY
The evaluation of the City's work force indicated that minorities are
underutilized in the Administrative, Professional, and Technical job
categories. Recognizing the fact that traditionally minorities and
females have been excluded from those positions that involve policy
formulation and decision making and from those internal resource pools
from which candidates for promotion to management are drawn, it shall
be the policy of the City of Beaumont to aggressively move toward the
utilization of minorities and females in these upper level positions.
Thus, in order to more fairly reflect its surrounding community labor
market segments in these positions, the City of Beaumont has established
the following goals for minorities and females:
Page 8
I. Administrative Occupations - 62 positions: Occupations in which
employees set broad policies, exercise overall responsibility for
execution of these policies, or direct individual department or
special phases of the agency's operations. Includes: department
directors, assistant directors, division chiefs, superintendents,
police majors, deputy fire chief, accountants, budget analysts,
administrative assistants, and kindred workers.
Current Composition - 1983
White Black Hisp Other Female
49 9 1 10
83% 15% 2% 17%
Projected Composition - 1988
White Black Hisp Other Female
40 19 3 26
64% 31% 5% 42%
H. Professional Specialty Occupations - 73 positions: Occupations which
require specialized and theoretical knowledge which is usually acquired
through college training or through work experience and other training
which provides comparable knowledge. Includes: engineers, planners,
lawyers, doctors, registered nurses, librarians, sanitarians, systems
analysts, social workers, dieticians, teachers or instructors, police
captains, and fire district chiefs.
Current Composition - 1983
White Black Hisp Other Female
53 15 1 1 31
76% 21% 1% 1% 44%
Projected Composition - 1988
White Black Hisp Other Female
46 23 3 1 31
63% 32% 4% 1% 42%
III. Technical Occupations - 72 positions: Occupations which require a
combination of basic scientific or technical knowledge and manual
skill which can be obtained through specialized post-secondary
school education or through equivalent on-the-job training. Includes:
drafting, engineering and laboratory technicians, construction and
code inspectors, computer programmers and operators, surveyors,
licensed vocational nurses, and kindred workers.
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Current Composition - 1983
White Black Hisp Other Female
50 15 1 20
76% 23% 1% 30%
Projected Composition - 1988
White Black Hisp Other Female
45 23 4 27
63% 32% 5% 38%
PROTECTIVE SERVICES - 2nd Priority
The protective services analysis revealed that minorities and females are
underutilized in these positions. Due to the cultural barriers traditional
society has placed on minorities and women in careers as police officers,
the attainment of the goals established by the City of Beaumont for minori-
ties and females shall be accomplished by an innovative three-prong system
that will assure equal accessibility to employment for all individuals de-
siring careers as police officers. Under this system, all qualified
individuals shall be classified according to white/minority/female. From
each classification one qualified individual, according to his or her ranking
within that classification, shall be selected on a rotating basis for any
vacancies that are available. For instance, if there are only three vacancies,
one individual will be selected from each classification. This system shall
remain in effect until the following goals established by the City for
minorities and females are met.
I. Protective Services - 436 positions: Occupations in which workers are
entrusted with public safety, security and protection from destructive
forces. Includes: patrolmen, sergeants, lieutenants, firefighters,
fire engineers, fire captains, fire prevention investigators, jailers,
and park rangers.
Current Composition - 1983
White Black Hisp Other Female
388 40 2 21
90% 9% 1% 5%
Projected Composition - 1988
White Black Hisp Other Female
338 81 17 42
78% 19% 4% 10%
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SKILLED CRAFT, REPAIR, AND MAINTENANCE OCCUPATIONS - 3rd Priority
It should be re-emphasized that the policy of the City will be to commit
the majority of resources allocated to the Affirmative Action work program
to accomplishment of Administrative and Technical goals for reasons already
stated. As a result of this policy, this category as viewed in terms of
goal setting is third in priority.
In these job categories, the evaluation conducted by the Affirmative Action
Committee revealed that hispanics and females are underutilized in these
job categories. The City therefore established the following goals for
hispanics and females in these positions:
I. Service Maintenance Occupations - 302 positions: Occupations in which
workers perform duties which result in or contribute to the comfort,
convenience, hygiene or safety of the general public or which contribute
to the upkeep and care of buildings, facilities or grounds of public
property. Includes: General laborers, construction laborers, refuse
collectors, custodial personnel, crew leaders, and foremen.
Current Composition - 1983
White Black Hisp Female
55 250 4 67
18% 81% 1% 22%
Projected Composition - 1988
White Black Hisp Female
55 231 16 129
18% 77% 5% 48%
II. Skilled Craft - 186 positions: Occupations in which workers perform
jobs which require special manual skill and a thorough and comprehensive
knowledge of the processes involved in the work which is acquired
through on-the-job training and experience or through apprenticeship
or other formal training programs. Includes: carpenters, electricians,
electronics technicians, painters, welders, heavy equipment operators,
mechanics, repairmen and plant operators, crew leaders and foremen.
Current Composition - 1983
White Black Hisp Female
63 116 5 15
34% 63% 3% 8%
Projected Composition - 1988
White Black Hisp Female
61 118 7 77
33% 63% 4% 42%
Page 11
ADMINISTRATIVE SUPPORT/CLERICAL OCCUPATIONS - 4th Priority
The statistical evaluation of the City's work force revealed that blacks
and females presently surpass their composition in the City's labor market
in these job categories. Hispanics, however, were underutilized in these
two job categories. Therefore, no goals were established for blacks and
categories. The
females in these job categ . goals established for hispanics- in
these positions are as follows:
tions: occupations Administrative Su ort 181 osi in which workers p
are responsible for internal and external communication, recording
and retrieval of data and/or information and other paperwork required
in an office. Includes: clerks and receptionists, office machine
operators, clerk-typists, stenographers, secretaries, statistical
clerks, dispatchers, payroll clerks, office supervisors, and kindred
workers.
Current Composition - 1983
White Black Hisp Other Female
109 60 3 167
63% 35% 2% 97%
Projected Composition - 1988
White Black Hisp Other Female
112 62 7 171
62% 34% 4% 95%
PLAN ADMINISTRATION/ASSIGNMENT OF RESPONSIBILITY
CITY MANAGER
The City Manager shall be responsible for assuring equal employment
opportunity policy and program understanding by the City Council and
the citizens of Beaumont.
PERSONNEL DIRECTOR
The overall preparation and coordination of the implementation of
the Affirmative Action Plan is the responsibility of the Personnel
Director. Recruitment and selection procedures are the responsibility
of the Personnel Director who is accountable to the Assistant City
Page 12
Manager. In those job categories where underutilization is evident,
extensive outreach recruitment will be done in order to ensure that
eligible lists submitted to departments consistently contain a repre-
sentative number of women and minorities.
AFFIRMATIVE ACTION OFFICER
The Affirmative Action Officer shall work with department/division
heads in solving EEO problems which may arise and continually attempt
to prevent the occurrence of such problems. He/she shall be responsible
for monitoring compliance with the Affirmative Action Plan and to make
recommendations to the City Manager. The Affirmative Action Officer
shall make recommendations to the City Manager for appropriate
disciplinary action for failure to comply with EEO/AA rules, regulations,
and policy. Whenever a managerial or supervisory employee is found to
be in violation of EEO/AA regulations, practices, or policies, appro-
priate disciplinary action up to and including dismissal may result.
In addition, the Affirmative Action Officer shall be responsible for all
employee complaints involving discrimination based on race, sex, or other
non-merit factors.
DEPARTMENT HEADS
Hiring and promotion decisions are the responsibilities of department
heads. As appointing authorities, department heads will be held accountable
in the meeting of goals for women and minorities. Justification for
request to hire a non-minority or a male for a position which is in a
job category that is targeted for minorities or women and there are
minorities and/or women that are qualified will be required before such
a hire may be extended. No such appointment will be made without the
prior approval of the City Manager.
Page 13
INTERNAL AUDIT SYSTEM
The City of Beaumont system for auditing our affirmative action
program progress and detecting potential problems is described
below. This system involves a number of checks on various personnel
actions affecting our Affirmative Action Plan. Data supporting this
audit system is obtained by both techniques, monitoring program progress
and detecting potential problems. The Personnel Office and the Affirma-
tive Action Officer shall contribute to this auditing function; however,
the principal responsibility is carried by the Affirmative Action Officer
who will provide reports and updates to the City Manager. The auditing
actions are:
1. Applicant Flow - For each position advertised, an applicant
flow report is compiled indicating the number of applicants and those
hired by race, sex, national origin, age, and handicap. This report
will be on a monthly basis.
2. Promotion and Transfer Data - This quarterly report will
include data that shows the number of employees by race, sex, national
origin, age and handicap in each department for each job category who
were either promoted or transferred.
3. Terminations - This quarterly report will include data that
shows the number of employees by race, sex, national origin, age, and
handicap in each department who were terminated, laid-off, retired, or
who died.
4. Training Activity - Quarterly reports will also be compiled
by each department indicating the number 'of employees by race, sex,
national origin, age, and handicap, who apply for and are accepted to
participate in training. This data is given by job category, position
Page 14
title, and by the type of training offered. A detailed explanation
page together with a "sample" copy of each report is attached as Appendices C-F
In addition to these reports, an EEO Internal Audit shall be conducted by
all departments. Each department shall be required to submit an internal
audit report on a quarterly basis. This internal audit shall serve as a
method of detecting potential problems in the implementation of the City's
Affirmative Action Plan. Attached as Appendix (G) is a "Sample" copy of
the Internal Audit Report.
UTILIZATION ANALYSIS
The utilization analysis for this plan is designed to account for availability
of qualified minorities, females, and handicapped individuals in the relevant
labor market from which the City normally recruits. In all cases, "avail-
ability" for the purposes of determining potential underutilization shall be
calculated as the percentage of individuals within the relevant labor market.
The utilization analysis shall consist of a report which is divided into
the following sections:
a. Work force analysis - a detailed race/ethnic count and
corresponding percentage by sex of the internal work force
as of the beginning of the plan year. (APPENDIX (H)
b. Availability percentage - statistical race/ethnic analysis
by sex of the external labor market from which employees
are recruited for all job groups within the City. (APPENDIX (I)
c. Utilization analysis - A determination of which job group,
if any, is "underutilized" by comparing the relevant labor
market to the internal work force (e.g. , having fewer minorities
and/or females in a particular job group than would be expected
by their "availability" in the relevant labor market.)
(APPENDIX (J)
Page 15
A detailed explanation page together with a "sample" copy of each
report is attached. C-See.Append,ic.es H, I:: J).: . 11-Und6rutilizationi is defined as
having fewer minorities or women in a particular job classification than
would reasonably be expected by their "availability."
The utilization analysis shall be made on each department within the
City on a quarterly basis. Based on these reports, a report will be
compiled which will evaluate the progress being made by each department
in meeting its goals.
CITIZEN REVIEW COMMITTEE
The Affirmative Action Committee will serve as a communication link
between citizens and management. The main reason for the committee's
formation is to serve as an advisory arm to the City .tanager to assist
in the achievement of equity in employment opportunities and to remove
barriers that have operated in the past to favor some groups over others
in the City government work force. The Committee will provide a channel
of communication for all citizens to express their concerns, through
representative committee members, about equal opportunity and other
aspects of Affirmative Action. The overall objective of the Committee
is to use the experience gained from these communications to improve
existing City policies or to propose new policies which will help improve
affirmative action as an integral part of the operation of the City of
Beaumont government.
Page 16
Committee membership includes five blacks, two whites, two hispanics, ,
and three females. Committee meetings shall be quarterly.
DISSEMINATION OF EEO INFORMATION
The Personnel Department shall be responsible for assuring equal
employment program understanding by department/division heads, supervisors,
and managers. The Personnel Department shall be responsible for equal
employment opportunity training given to supervisory level and above
personnel.
In addition, the Personnel Department will disseminate equal employment
opportunity/affirmative action information to all employees. The
dissemination of equal employment opportunity/affirmative action policy
to the community shall be the responsibility of the City Manager. The
Personnel Director shall publicize equal employment opportunity/affirma-
tive action policy to organizations within the community whose member-
ship includes significant numbers of minorities and women or which
represent minorities and women. Continuous contact with such organiza-
tions will be maintained by the Personnel Department for assistance in
minority/female recruitment and to also aid in maintaining a flow of
minority/female applicants for future openings. All organizations
contacted will be advised of our Affirmative Action Policy--commitment
to meeting minority/female hiring goals. Additional recruiting sources
will be cultivated as a part of our outreach recruiting program.
Page 17
COMPLAINT PROCEDURE
Any employee who feels that he or she has not been afforded equal
opportunity for promotion, transfer, or other term or condition of
employment may submit a grievance with the assurance of protection from
harrassment and retaliation under the provisions of Section 6.4 of the
Personnel Policy Manual.
In all cases involving complaints of discrimination based on race, sex,
or other non-merit factors, the employee shall submit his/her complaint
in writing to the Affirmative Action Officer. The Affirmative Action
Officer shall be responsible for the initial investigation and shall
submit a written report of his/her findings to the Department Director,
the Personnel Director, and the employee. If the complaint is not
resolved at this step, the employee then has the option of an appeal
to the Grievance Committee in accordance with the provisions of
Section 6.4 of the Personnel Policy Manual or a direct appeal to the
City Manager. The Affirmative Action Officer is responsible for the
prompt, fair, and impartial processing of complaints of discrimination
and equal employment opportunity counseling. Attached as Appendices (K)
and (L) are sample copies of the Discrimination Complaint and Investi-
gative Report.
Employees have the right to file a charge with the Equal Employment
Opportunity Commission, Houston, Texas, Telephone (713) 226-5611.
DISCRIMINATION COMPLAINT
EMPLOYEE NAME: DATE:
DEPARTMENT: DIVISION:
JOB TITLE: SUPERVISOR:
CAUSE OF DISCRIMINATION:
/7 Race /7 Sex /7 Religion /7 National Origin /-7 Other
(Specify)
DATE DISCRIMINATION OCCURRED:
STATEMENT OF FACTS: (Include individual's name who you believe responsible)
69 APPENDIX (K)
CALENDAR
* Saturday, August 25 - Sheraton
8:30 A.M. - Welcome "Budweiser Blast" soccer team
** Sunday, August 26 - "Little Miss Muffett" Day Care Center;
1498 Elgie & Avenue B
Ribbon Cutting Ceremonies
(Veronica Smith)
* Monday, August 27 - Holiday Inn, 11th Street
8: 15 A.M. - Meeting
*** 10:00 A.M. - Palumbo' s; 373 Pearl
Ribbon Cutting Ceremonies
(Tony Palumbo)
Tuesday, August 28 - Council Chambers
1: 15 P.M. - Council Meeting, followed by Work Session
7:00-9:00 P.M. - Entre Computer Center; 229 Dowlen
(Oaks Shopping Center)
Private party in celebration of
opening
* MAYOR
** COUNCILMEMBER MOORE
*** COUNCILMEMBER WEISBACH
CALENDAR
Page 2
Thursday, August 30 - Moncla's
12:00 Noon - Wellness Program Educational Session
4:30 P.M. - City Council Chambers
CDBG Citizens Advisory Committee Meeting
Friday, August 31 - Moncla's
12:00 Noon - Wellness Program Educational Session
* MAYOR
** COUNCILMEMBER MOORE
*** COUNCILMEN ER WEISBACH