HomeMy WebLinkAboutPACKET JAN 13 2009 RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 13, 2009 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
George Crawford would be reappointed to the Convention and Tourism Advisory Board. The
current term would expire October 14, 2010. (Councilmember Nancy Beaulieu)
A) Approve the purchase and installation of security surveillance systems for the Police
Department
B) Approve a contract for ready-mix concrete and cement stabilized base for use by the
Water Utilities and Public Works Departments
C) Approve the purchase of five (5) powered ambulance stretchers
D) Accept payment and authorize the release of weed liens against property described as
Pennock Potts Addition Lot 12 Block A, or 2590 Potts Street, Beaumont, Texas
A
RICH WITH OPPORTUNITY
BEAUMON*
T • E ,• X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager n
PREPARED BY: Bart Bartkowiak, Chief Technology Officer ['
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider the purchase and installation of security
surveillance systems for the Police Department.
RECOMMENDATION
The administration recommends the approval of the purchase from SecureNet Inc. of Houston,
TX in the amount of$65,851.51.
BACKGROUND
On August 1, 2006, Council authorized the City Manager to apply for and receive funding in the
amount of$1,135,050 through the Department of Homeland Security Port Security Grant
Program. There was a 25% match required which amounted to$283,762. Funding was
designated in that grant application to enhance facility security for response personnel, vehicles
and equipment. This purchase will provide for 240 video coverage at two Police Department
locations that will integrate with the existing card-control access system, contracted with
SecureNet, that is in use throughout the city.
BUDGETARY IMPACT
Funding in the amount of$49,388.63 is available from the Department of Homeland Security
2006 Port Security Grant. The 25% match of$ 16,462.88 is available from the Capital Reserve
Budget.
RESOLUTION NO.
WHEREAS, City Council approved Resolution No. 06-219 on August 1, 2006,
authorizing the City Manager to apply for and receive funding in the amount of$1,135,050
through the Department of Homeland Security Port Security Grant Program; and,
WHEREAS, a portion of the grant funding was designated for the enhancement of
Police Department facility security for response personnel, vehicles and equipment; and,
WHEREAS, City Council is hereby requested to consider the purchase and
installation of security surveillance systems from SecureNet, Inc., of Houston, Texas, for
the Police Department in the amount of $65,851.51, said purchase to be funded by the
Department of Homeland Security 2006 Port Security Grant in the amount of$49,388.63
and a 25% match of$16,462.88 from the Capital Reserve Budget; and
WHEREAS, the Council finds it is in the best interest of the citizens of Beaumont
to approve the purchase and installation of this system for the Police Department;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the purchase and installation of security surveillance systems for the Police
Department from SecureNet, Inc., of Houston, Texas, in the amount of $65,851.51 is
hereby approved.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
r ,
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for
ready-mix concrete and cement stabilized base.
RECOMMENDATION
The administration recommends the award of a six(6)month contract to Transit Mix of
Beaumont, Texas at the prices highlighted on the attached bid tabulation.
BACKGROUND
The contract specified that the successful bidders shall provide ready-mix concrete and cement
stabilized base at fixed unit costs for six(6) months from the date of award. The material will be
used by both the Water Utilities and Public Works Departments.
Ready-mix concrete pricing was requested for both delivery to job sites, with subsequent
additional charges per occurrence for deliveries of less than five (5) cubic yards, and for City
pickup of material at the plant site. Depending upon the application, the departments may need a
different texture of concrete than the 3,000 PSI with 1" aggregate specified in the bid. Bidders
were asked to include an addition or deduction amount per sack for finer or coarser concrete,
respectively.
Six(6)vendors were notified with two(2) submitting bids as reflected in the attached bid
tabulation.
BUDGETARY IMPACT
Funds are available for this expenditure in the departments' respective operating budgets. The
expenditure anticipated for the contract term is approximately$59,850.
BID TABULATION: 6-MONTH CONTRACT FOR READY MIX CONCRETE &CEMENT STABILIZED BASE
Vendor Transit Mix* Knife River
QTY Ci / State Beaumont, TX Beaumont, TX
Unit Price Ext. Price Unit Price Ext. Price
3,000 PSI concrete- delivered to job site
50 - per cu yd $78.00 $3,900.00 $82.00 $4,100.00
Add or Deduct per sack at the rate of: $4.00 $0.00 $4.00 $0.00
Delivery charge per load for a partial
30 load, 1/4-2 cu/yd $100.00 $3,000.00 $75.00 $2,250.00
Delivery charge per load for a partial
45 load, 2-1/4 -4- 3/4 cu/yd $100.00 $4,500.00 $75.00 $3,375.00
3,000 PSI concrete- City pickup at plant
100 site - per cu yd $67.00 $6,700.00 $72.00 $7,200.00
5,000 PSI concrete- City pickup at plant
300 site- per cu yd $75.00 $22,500.00 $80.00 $24,000.00
TOTAL: $40 600.00 $40,925.00
Vendor Transit Mix Knife River
QTY City/ State Beaumont TX Beaumont TX
Unit Price Ext. Price Unit Price Ext. Price
Portland Cement Treated Base - price
700 per ton $27.50 $19,250.00 $28.25 $19,775.00
Location of Plant: Florida Ave., Beaumont 7th St. & Highland Ave.
RESOLUTION NO.
WHEREAS, bids were solicited for a six (6) month contract for the purchase of
ready-mix concrete and cement stabilized base for use by the Water Utilities and Public
Works Departments; and,
WHEREAS, Transit Mix of Beaumont, Texas, submitted a bid in the unit amounts
shown below for an estimated expenditure of$59,850:
QTY Unit Price Ext. Price
50 3,000 PSI concrete- delivered to job $78.00 $3,900.00
site - per cu yd
Add or Deduct per sack at the rate $4.00 $0.00
of:
30 Delivery charge per load for a partial $100.00 $3,000.00
load, 1/4-2 cu/yd
45 Delivery charge per load for a partial $100.00 $4,500.00
load, 2-1/4 - 4 - 3/4 cu/yd
100 3,000 PSI concrete - City pickup at $67.00 $6,700.00
plant site - per cu yd
300 5,000 PSI concrete - City pickup at $75.00 $22,500.00
plant site - per cu yd
TOTAL: $40,600.00
QTY Unit Price Ext. Price
700 Portland Cement Treated Base - $27.50 $19,250.00
price per ton
Location of Plant: Florida Ave., Beaumont
and
WHEREAS, City Council is of the opinion that the proposal submitted by Transit
Mix of Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Transit Mix for a six-month contract for the purchase of ready-
mix concrete and cement stabilized base in the unit amounts shown above for an
estimated expenditure of $59,850 for use by the Water Utilities and Public Works
Departments be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
c
RICH WITH OPPORTUNITY
1
T • E • X - A - s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of five(5)
powered ambulance stretchers.
RECOMMENDATION
The administration recommends approval of the purchase from Stryker of Portage, Michigan in
the amount of$52,056.
BACKGROUND
The City of Beaumont Emergency Medical Services Division currently uses a manual, two-person
stretcher, with a capacity rating of 500 lbs. Manual stretchers require EMS personnel to
physically lift the patient and stretcher each time the stretcher is used.
In January 2008, EMS purchased two (2) Stryker Power-Pro Model 6500 ambulance stretchers.
These stretchers feature a powered lift assist system with a capacity rating of 7001bs. Over the
last year, the use of the new stretchers has proved efficient and reduced the heavy physical lifting
required by the manual stretchers.
Bids were solicited from seven(7)vendors. There were two (2)responses. Bid results were as
follows:
VENDOR UNIT PRICE TOTAL PRICE
Stryker, Portage, Michigan $10,412 $52,056
Bound Tree Medical, LLC, Dublin, Ohio $10,750.70 $53,753.50
Purchase of Powered Ambulance Stretchers
January 13, 2009
Page 2
BUDGETARY IMPACT
A 2009 Local Projects Grant award from the Texas Department of State Health Services will pay
a total of$10,000. The balance of$42,056 is budgeted in the Capital Reserve Fund.
RESOLUTION NO.
WHEREAS, bids were solicited for the purchase of five (5) powered ambulance
stretchers; and,
WHEREAS, Stryker of Portage, Michigan, submitted a bid in the amount of$52,056;
and,
WHEREAS, City Council is of the opinion that the bid submitted by Stryker of
Portage, Michigan, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Stryker in the amount of $52,056 for the purchase of five (5)
powered ambulance stretchers be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
D
RICH WITH OPPORTUNITY
BEA,IIMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 20, 2009
REQUESTED ACTION: Council consider a resolution accepting payment of$884.00
and authorizing the release of weed liens against property
described as Pennock Potts Addition Lot 12 Block A, or
2590 Potts Street, Beaumont, Texas..
RECOMMENDATION
Administration recommends approval.
BACKGROUND
The property described above currently has eight(8)weed liens totaling $2,330.85 which
represents $884.00 in principal, $1,422.85 in interest and $24.00 in fees. Edward Malonson, from
Clear Lake, CA, owned this property. Mr. Malonson died in 2004 and his son, John Malonson
found that his father owned this property at that time. John Malonson contacted the County and
paid past due taxes of$1,100.00 and paid $1,000.00 to a contractor to clear the vacant lot. The
Jefferson County Appraisal District has the value of the lot as $1,440.00. Mr. Malonson has
come forward and would like to offer payment of$884.00 to clear the outstanding weed liens on
the property.
BUDGETARY IMPACT
None.
RESOLUTION NO.
WHEREAS, eight(8)weed liens totaling$2,330.85 exist against property described
as Pennock Potts Addition, Lot 12, Block A, or 2590 Potts Street, Beaumont, Texas; and
WHEREAS, Edward Malonson, owner of said property, died in 2004; and
WHEREAS, John Malonson, son of the deceased owner, has offered $884.00 for
release of the weed liens;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to accept the offer of$884.00 in
settlement of all weed lien charges on the above-described property. The City Manager
is hereby authorized to execute all documents necessary to evidence the release of the
weed liens.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
12/12/2008 16:47 4098609028 JOHN MALONSON PAGE 02
1615 Shirley Circle
Beaumont, Texas 77707
August 19", 2008
Dear Mr. Simoneaux;
I am writing this letter in regards to a settlement on a weed lien
the city has on a piece of property my father used to own. The
property is located at 2590 Potts St. in Beaumont. The legal
description says Lot 12, Block A. To give you a little background
history, my father lived in California most of his adult life. He died
in 2004. Last year, I was going through some of his things and
discovered this piece of property. I went down to the tax office and
was told that the taxes were 13 years behind and I paid that. It was
about $1100.00. The taxes are now current. Then I paid a
contractor $1000.00 to clear the property because the property was
in deplorable condition and it is only a vacant lot. The county tax
office told me that the city had a weed lien on the property and
gave me a copy. I went to pay the $185.00 on the weed lien, I guess
this was the original amount at the time of the treatment, and was
told with interest the new amount was $2486.00. The Jefferson
County ,Appraisal District has the lot valued at $1400.00.(fourteen
hundred) I would like to offer the city a settlement offer of$500.00
to remove the weed lien.
Thanks for the consideration;
John Malonson
Ps: Dome - 866-8370
Cell - 7671257
Jefferson County Appraisal Oistrlct rage 1 01 1
2008 Certified Values
Account Number: 051800-000-001200-00000-6
Owner Name: MALONSON EDWARD ESTATE
Property Address: 2590 POTTS ST
Owner Address: 1615 SHIRLEY CIR
BEAUMONT TX 777072633
Legal Description: PENNOCK& POTTS L12 BLK A
ABSTRACT 051800
Deed Index:
Property Use Code: C1
Taxing Entities: BEAUMONT ISD
BEAUMONT PORT
DRAIN DIST #6
SAB-NEC WAT/NAV
JEFFERSON COUNTY
CITY OF BEAUMONT
FARM AND LATL RD
Homestead:
Over 65:
Disabled Vet:
Disabled:
Value Information
Total Improvement Value: $0.00
Total Land Value: $1,440.00
Productivity Value: $0.00
Total Value: $1,440.00
Average Depth: 130.00
Frontage: 50.00
Acreage:
Square Footage:
Structure A Class Siding Stories Condition Age Area Net Value
Main Building V 0 $0.00
Garage 1 $0.00
Garage 2 $0.00
Foundation Adjustment: $0.00
Market Modifier': 0.00 % $0.00
Additional Depreciation: 0.00 % $0.00
Percent Complete: 100.00%
Market Modifiers are methods of adjusting value(positive or negative)based on comparable sales to accurately reflect current market value as of January 1 of
each year.
III
http://www.j cad.org/search/view,aspx?id=0.51800000001200000006 12/3 0/2008
EHI 1R1
NCC3S1 Account inquiry Program
NCC3S
Acct#: , ,5,1,8,0,0,-,0,0,0,-,0,0,1,2,0,0,-,000,0,0,-,6,
Old Tax Number:
X Co laint Action Last II to Last Interest CC File
Balance
12/01/08 8826002 468 . 28
— 6301 9/05/88 9/19/88 12_/01/08 9033494 431 . 32
35140 8/29/90 9/07/90 12/01/08 8703087 187 .79
— 9003449 1/06/87 1/30/87 12/01/08 8515080 187 .94
— 9003450 5/03/85 6/03/85 12/01/08 8434201 191 .73
— 9003451 8/13/84 11/06/84 12/01/08 8421374 193 .90
— 9003452 5/02/84 7/12/84 12/01/08 1126204 173 . 81
— 9003453 10/24/82 12/21/82
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EHI501R1 C ,I, T, Y, 2ii
NCC3S1 Account Inquiry Program = • 5 '
J
Acct#: 51800-000-001200-00000-6 Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 9003453 Filing Date: 12/21/82 Action Date: 10/24/82
Initiated: 10/24/82 Last Update: 12/21/82 Int. Posted: 12/01/08
County Clerk File: 1126204 Film Code Number: 2-11-5029
Type of Receivable: WEEDS
Principle Interest Fees Total
Billed. . . . . . . 55. 00 115 . 81 3 . 00 173 . 81
Adjustments . . . 00 . 00 . 00 . 00
Paid. . . . . . . . . . 00 . 00 . 00 . 00
Balance. . . . . . 55. 00 115. 81 3. 00 173 . 81
CHD 10/Available Command Keys
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E H I 5 01 R 1 C, .I, T, Y. , , , A
NCC3S1 Account Inquiry Program 12 : 15 :
Acct$: 51800-000-001200-00000-6 Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 9003452 Filing Date: 7/12/84 Action Date: 5/02/84
Initiated: 5/02/84 Last Update: 7/12/84 Int. Posted: 12/01/08
County Clerk File: 8421374 Film Code Number: 100-06-7021
Type of Receivable: WEEDS
Principle Interest Fees Total
Billed. . . . . . . 65. 00 125 . 90 3. 00 193 . 90
Adjustments. . . 00 . 00 . 00 . 00
Paid. . . . . . . . . . 00 . 00 . 00 . 00
Balance. . . . . . 65 . 00 125 . 90 3 . 00 193. 90
CMD 10/Available Command Keys
E H I 5 01 R 1 C, ,I T, Y. , , . w',
NCC3S1 Account Inquiry Program
Acct#: 51800-000-001200-00000-6 Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 9003451 Filing Date: 11/06/84 Action Date: 8/13/84
Initiated: 8/13/84 Last Update: 11/06/84 Int. Posted: 12/01/08
County Clerk File: 8434201 Film Code Number: 100-08-1017
Type of Receivable: WEEDS
Principle Interest Fees Total
Billed. . . . . . . 65. 00 123 . 73 3 . 00 191 . 73
Adjustments. . . 00 . 00 . 00 . 00
Paid. . . . . . . . . . 00 . 00 . 00 . 00
Balance. . . . . . 65. 00 123 .73 3 . 00 191 . 73
CMD 10/Available Command Keys
EHI501R1
A_:count Inquir�' "Procra.m : 1. : 07
NCC3S1 "
Acct#: 51800-000-001200-00000-6 old Tai: Numiber: 54-116-00
Fund Type:
Complaint No. : 9003450 Filing Date: 6/03/85 Action Date: 5/03/85
Initiated: 5/03/85 Last Update: 6/03/85 Int. Posted: 12/01/08
County Clerk File: 8515080 Film Code Number: 101-00-5000
Type of Receivable: WEEDS
Principle Interest Fees Total
Billed. . . . . . . 65 119 3 . 00 187 . 94
. 00 . 00
Adjustments . . . 00 . 00
Paid. . . . . . . , . . 00 . 00 . 00 . 00
Balance. . . . . . 65. 00 119 . 94 3 . 00 187 . 94
cmD 10/Available Command Keys
I
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EHI50IR1 , 'J, 1% . 15: 07
NCC3S1 Account Inquiry JProgram
Acct#: 51800-000-001200-00000-6
old Tax Number: 54-116-00
Fund Type
Complaint No. : 9003449 Filing Date: 1/30/87 Action Date: 1/06/87
Initiated: 1/06/87 Last Update: 1/30/87 Int. Posted: 12/01/08
County Clerk File: 8703087 Film Code Number: 101-07-1024
Type of Receivable: WEEDS
Principle Interest Fees Total
115. 79 3 . 00 187 . 19
Billed. . . . . . . 69. 00 00 . 00
Adjustments. . • 00 ' 00 . 00. 00 . 00 . 00
Paid. . . . . . . . . 6g.00 115 .79 3 . 00 181 .79
Balance. . . . . .
CMD 10/Available Command Keys
II
1J 111JV11I1 12 . 15. 07
NCC3S1 Account Inquiry Program
Acct#: 51800-000-001200-00000-6 Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 35140 Filing Date: 11/06/90 Action Date: 8/29/90
Initiated: 8/29/90 Last Update: 9/07/90 Int. Posted: 12/01/08
County Clerk File: 9033494 Film Code Number: 103-41-2113
Type of Receivable: WEEDS
Principle Interest Fees Total
Billed. . . . . . . 185. 00 243 . 32 3 . 00 431 . 32
Adjustments. . . 00 . 00 . 00 . 00
Paid. . . . . . . . . . 00 . 00 . 00 . 00
Balance. . . . . . 185 . 00 243 . 32 3 . 00 431 . 32
CMD 10/Available Command Keys
EHI501R1 Account Inquiry Program 12 : 15: 0'7
NCC3S1
Acct#: 51800-000-001200-00000-6
Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 6301 Filing Date: 10/03/88 Action Date: 9/05!88
Initiated: 9/05/88 Last Update: 9/19/88 Int. Posted: 12/01/08
County Clerk File: 8826002 Film Code Number: 102-43-0366
Type of Receivable: WEEDS
Principle Interest Fees Total
3 . 00 468 .28
Billed. . . . . . . 185 . 00 280 . 28.
. oa oo . 00 . 00
Adjustments. . . 00 . 00 . 00 . 00
Paid. . . . . . . . . 185 . 00 280 .28 3 .00 468 .28
Balance. . . . . .
CMD 10/Available Command Keys
NCC3S1 Account Inquiry Program 12 : 14 : 49
Acct#: 51800-000-001200-00000-6 Old Tax Number: 54-116-00
Fund Type:
Complaint No. : 5216 Filing Date: 8/11/88 Action Date: 7/08/88
Initiated: 7/08/88 Last Update: 7/22/88 Int. Posted: 12/01/08
County Clerk File: 8821039 Film Code Number: 102-37-0307
Type of Receivable: LITTER
Principle Interest Fees Total
Billed. . . . . . . 195. 00 298 . 08 3 . 00 496. 08
Adjustments. . . 00 . 00 . 00 . 00
Paid. . . . . . . . . . 00 . 00 . 00 . 00
Balance. . . . . . 195 . 00 298 . 08 3 . 00 496. 08
CMD 10/Available Command Keys
54-116-00 LPB/lo 12/3/22
t
THE STATE OF TEXAS X I I 2 6 2 04
WEED LIEN
COUNTY OF JEFFERSON X KP2 JUN 111987
In accordance with the provisions of Article 4436 of the
Revised Civil Statutes of Texas, and for the purpose of perfecting
and fixing a lien upon the hereinafter described property for the
City of Beaumont, a municipal corporation of Jefferson County, Texas,
Lulu L. Smith, M.D., City Health Officer of the City of Beaumont,
Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
Lot 'TWELVE (12) Block A PENNOCK POTIS ADDITION to the City
of Beaummt, Jefferson County, T1✓xas.
(2) That such work was done on the 24th day of
October , 19 82 ;
(3) That the sum of FZFTq_FTVE AND N01100 ($55.00)
DOLLARS was expended by the City of Beaumont to have such work done;
(4) That affiant is informed and believes that the above
described property is owned by AMELIA MALOPISON
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
�:'� ?� IL J_ —
Affiant - Lulu L. Smith, M.D.
THE STATE OF TEXAS X
COUNTY OF JEFFERSON X
BEFORE ME, the undersigned authority, on this day personally
appeared LULU L. SMITH, M.D., City Health Officer of the City of Beaumont,
Texas, known to me to be the person whose name is subscribed to the fore-
going instrument and acknowledged to me that she executed the same for the
purposes and consideration therein expressed, and in the capacity therein
stated.
Jt GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
19 g
Tc w Notary Public in and for
Jefferson County, Texas.
�'+ 1`j•., ' ` Laura L. Overall
#54-116-00 LPB/av 5/30/84
-'
XP2 JUN 11 1987
8421374 ``''
THE STATE OF TEXAS 4 WEED LIEN I Gib 67 2134
COUNTY OF JEFFERSON 6
In accordance with the provisions of Article 4436 of the
Revised Civil Statutes of Texas, and for the purpose of perfecting
and fixing a lien upon the hereinafter described property for the
City of Beaumont, a municipal corporation of Jefferson County, Texas,
FEDERICO ARCALA, M.D. , City Health Officer of the City of
Beaumont, Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
Lot No. TWELVE (12), in Block A, of PENNOCK & POTTS
ADDITION to the City of Beaumont, Jefferson County,
Texas.
(2) That such work was done on the 2nd day of
May , 19 84
(3) That the sum of SIXTY,FIVE AND NO/100 ($65.00)
DOLLARS was expended by the City of Beaumont to have such work done;
(4) That af.fiant is informed and believes that the above
described property is owned by AMELIA MALONSON ;
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
A ' nt - EFRrCO ARCALA, M.D.
THE STATE OF TEXAS 6
COUNTY OF JEFFERSON �
BEFORE ME, the undersigned authority, on this day personally
appeared FEDERICO ARCALA, M.D. , City Health Officer of the City
of Beaumont, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UN FFI,4. ."AAA 6;AND SEAL OF OFFICE, this _ '� day of
.c
and or
Jefferson County, Texas.
i Peggy Savoy
J' L �C �� 50 �)* ��'',
#54-116-00 LPB/ps 9/10/84 _
a 434201 KP2 JUN 11. M7
1 ( RI � 79
THE STATE OF TEXAS WEED LIEN
COUNTY OF JEFFERSON
In accordance with the provisions of Article 4436 of the
Revised Civil Statutes of Texas, and for the purpose of perfecting
and fixing a lien upon the hereinafter described property for the
City of Beaumont, a municipal corporation of Jefferson County, Texas,
FEDERICO ARCALA, M.D. , City Health Officer of the City of
Beaumont, Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
Lot No. TWELVE (12), in Block A, of PENNOCK AND POTTS
ADDITION to the City of Beaumont, Jefferson County,
Texas.
(2) That such work was done on the 13th day of
August , 19 84
(3) That the sum of SIXTY-FIVE AND N0 1100 U65-00)
DOLLARS was expended by the City of Beaumont to have such work done;
(4) That affiant is informed and believes that the above
described property is owned by MRS PAUL MALONSON
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
Affiant,- F DE IC CA A, M.D.
THE STATE OF TEXAS
COUNTY OF JEFFERSCP: Il
BEFORE ME, the undersigned authority, on this day personally
appeared FEDERICO ARCALA, M.D. , City Health Officer of the City
of Beaumont, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument and,,aaknoy;ledged to me that he executed the
same for the purposes and c,pA5i�etz4L''fq,�,',therein expressed, and in the
capacity therein stated.
i
C VEU UNDER MY H. ��IC$ 'nfiis �M� day of
t �c :Z6rORn �..
�' '`� Notary b is in an Ou r
C;FR,K
�rx;,� Jefferson County, Texas.
Peggy Savoy
'io� is 12 00 PM '8q
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THE STATE OF TEXAS WEED LIEN
COUNTY OF JEFFERSON 4
In accordance with the provisions of Article 4436 of the
Revised Civil Statutes of Texas, and for the purpose of perfecting
and fixing a lien upon the hereinafter described property for the
City of Beaumont, a municipal corporation of Jefferson County, Texas,
FEDERICO ARCALA, M.D. , City Health Officer of the City of
Beaumont, Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
Lot No. TWELVE (12), in Block A. of PENNOCK & POTTS
ADDITION to the City of Beaumont, Jefferson County,
Texas.
(2) That such work was done on the 3rd day of
May , 19 85
(3) That the sum of SIXTY-FIVE AND NO/100 ($65.00)
DOLLARS was expended by the. City of Beaumont to have such work done;
(4) That affi.ant is informed and believes that the above
described property is owned by AMELIA MALONSON
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
AfA- , 0 GALA, M.D.
THE STATE OF TEXAS
COUNTY OF JEFFER,,(1N
BEFORE 191,, the under:;iglled authority, on this day personally
appeared FEDERICO ARCALA, M.D. , City Health Officer of the City
of Bf-aumoxit. Texas, krr'+' t,, me to be the person whose name is subscribed
to the for(,'oin i.nstruru:nt and acknowledged to me that he executed the
same for they mirpose-s m1.] consideration therein expressed, and in the
capacity t"( rein sratod.
IVEf; t'NDI:i� titV 11ANU AN!)'SEAL OF OFFICE, this �2 day of
E9N RECORLF-
F�� D =
„ ^:nta y All ui and for
Jefferson ty, Texas.
; a'� f,ERK
JEF%�r'. -7.1NTt.�Fx�S Peggv Savev
Joh 3 10 30 X85
JCAD�#051800-001200-6
8 7 0 3 0 6 7 �� FEB 1 19 ?� NEW #05-541-00 (+ 8
TI 2 , Z
THE STATE OF TEXAS WEED LIEN
COUNTY OF JEFFERSON
In accordance witH the provisions of Article 4436 of the
Revised Civil Statute's of Texas, and for the purpose of perfecting
%and fixing d.,lien ,I,p-��'t"h-.h ere described property for the
inafter
g,
City of Beaumont i +nny` �Fal. corporatl4� •of Jefferson County, Texas,
FEDERICO ARCALA, M.D. City Health Officer of the City of
Beaumont, Affi Alit , makes ot1th and says:
(l) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
Jefferson
following described parcel of land situated in Beaumont,
County, Texas, to-wit:
Lot No. TWELVE (12), in Block A, of PENNOCK & POTTS ADDITION
to the City of Beaumont, Jefferson County, Texas.
(2) That such work was done on the 6th
day of
January 19 87
(3) That the sum of 9T1.TY NTNF AND Nn/100 ($6q no)
DOLLARS was expended by the City of Beaumont to have such work done;
(4) That afiant is informed and believes that the above
described property is owned by AMELIA ALONSO
(5) 'That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
Af i t ER.CO, A M.D.
THE SI'A1'F. UF' TEXA`� C
CoUN'f'i "I J F:F 'ER' �
RF.I;+tt}.: ^±} , t.l„ ,+ndersi;r-nci authority, on this day personally
:pp,ar d FEDERICO ARCALA, M.D. City Health Officer of the City
of Beaumont, Texas, known to me to b.• the person whose name is subscribed
to the instrument and acknowledged to me that he executed the
sane° for the pur[Icc'st;v:gild,con,ideration therein expressed, and in the
i
capacity tborA jstat d
u
Q 1
r yD SEAL oF' OFFICE, this day of
C_1 L'ii{� I1 t1C lj 1f1�Z:c��
FN.�U FfJ4
a
'•^I�tEAK ( 0+ 1 tat P blic in a K for
i
Jr Ifci s n County, as.
pc,ggy Savoy
�,� in 187
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( 02
THE STATE OF TEXAS
COUNTY OF JEFFERSON WEED LIEN r.,P5 OCT 10 190
In accordance with the provisions of Article 4436 of the
Revised Civil Statues of Texas, and for the purpose of perfecting and
fixing a lien upon the hereinafter described property for the City of
Beaumont, a municipal corporation of Jefferson County, Texas.
AVILA E. ARCATA, M.D. , City Health Officer of the City of
Beaumont, Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
PENNOCK & POTTS L12 BLK A
2500 PCTI'S @ NELSON
To the City of Beaumont, Jefferson County, Texas
(2) That such work was done on September 05, 1988 ;
(3) That the sum of $185.00 was expended by the City of
Beaumont to have such work done;
(4) That Affiant is informed and believes that the above
described property is owned by MAIONSOri JOHN EDWARD ;
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
pFFIANT - AVILA E. ARCAIA, M.D.
THE STATE OF TEXAS
COUNTY OF JEFFERSON
BEFORE E, the undersigned authority, on this day personally
appeared AVILA E. ARCATA, M.D., City Health Officer of the City of
Beaumont, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed, and in
the capacity therein stated.
GIVFN UNDER MY HAM) AND SEAL OF OFFICE, this Z day of
19 .
i ?q _T ij: N 0TARY' LZ IN AND I FOR
y r= F.`�A` 0 N'r JEFFERSON 0-)U M, TEXAS.
y t TiOh�S PEGGY SA ,
P'G`Y SAVOY
f1' ^i's , l .AS 17744 'a (,0^`, 11 i i=,P!RES
p% W' rii.A'16, IT'
9 0 3 ) 4 9 4 JCAD 51800-001200-6 KD/ps 09/07/90
KP5 NOV
THE STATE OF TEXAS C
COUNTY OF JEFFERSON WEED LIEN W
In accordance with the provisions of Article 4436 of the
Revised Civil Statues of Texas, and for the purpose of perfecting and
N
fixing a lien upon the hereinafter described property for the City of w
Beaumont, a municipal corporation of Jefferson County, Texas.
SAMARA TUNER, M.D. , City Health Officer of the City of
Beaumont, Affiant, makes oath and says:
(1) That the City of Beaumont caused to be cut down and
removed the weeds, grass and uncultivated plants growing upon the
following described parcel of land situated in Beaumont, Jefferson
County, Texas, to-wit:
PE NNOCK & POTTS L12 BLK A
2500 POTTS AT 3400 NELSON
To the City of Beaumont, Jefferson County, Texas
(2) That such work was done on August 29, 1990 ;
(3) That the sum of $185.00 was expended by the City of
Beaumont to have such work done;
(4) That Affiant is informed and believes that the above
described property is owned by MALONSON,EDWARD ;
(5) That the above described amount expended has not been
repaid to the City of Beaumont prior to the date of this statement.
k�
AFFIANT - SAMARA -pim R, M.D.
THE STATE OF TEXAS
COLWY OF JEFFERSON
BEFORE ME, the undersigned authority, on this day personally
appeared SAMARA TURNER, M.D., City Health Officer of the City of
Beaumont, Texas, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that she executed
the same for the purposes and consideration therein expressed, d in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this J day of
-4?e 1 19
rcTU r! TO
':Z ' r;;' BEAU`40iIT TOMP S
r;: ... ON"; Nour PUBLIC YN AND FOR
JFTF7RSON
P
T Y,,RS 77704 i=' MARY i0MP1(INS
'"•' COMfVIISSION EXPIRES
JULY 1, 1993 s
2590 POTTS ST BEAUMONI TX -boogie maps
Address 2590 Potts St
C0 Beaumont, TX 77705 Save-
E:;hc>n� .t gacagle.cam�gmm � �
6
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http://maps.googl e.coin/niaps`?f=q&h1=en&geocode=&q=2590+PUTTS+ST+B EAU MONT+TX&sl1=37... 12;30/200.
Page 1 of 1
Jefferson County Appraisal District
Page 1 of 1 of 1 results
Account Number owner/Mailing Add. Location/Legal
2590 POTTS ST BEAUMONT
1. 051800.OQ0_00120_00000-6_ 60 MALONSON OSC OLA DN ARD PENNOCK&POTTS L12 BLK A
BISD SAN FRANCISCO,CA 941242838 ABSTRACT 051800
1
http://jcad.org/search/results.aspx?stmame=POTTS&strNum=2590&stype=3
8%25/2008
RICH WITH OPPORTUNITY
1
T * E * R * A * S
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS JANUARY 13,2009 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-12/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 3 of the Code of Ordinances - Alcoholic Beverages
2. Consider amending Chapter 26 Traffic, Article IV Parades of the Code of
Ordinances
3. Consider approving a contract for renovations to the Athletic Complex
4. Consider approving the purchase of patrol vehicles for use in the Police
Department
5. Consider approving the purchase of a Pierce pumper truck for use in the Fire
Department
6. Consider approving the purchase of fleet vehicles for use in various departments
7. Consider approving a resolution authorizing the City Manager to execute an
interlocal purchase agreement for the purchase of traffic signal equipment
8. Consider approving an energy savings performance contract
9. Consider approving a contract for reconstruction of a home damaged by Hurricane
Rita
I
10. Consider approving the purchase of excess workers' compensation insurance
11. Consider approving the purchase of an automated valve operator for use by the
Water Utilities Department
12. Consider approving a contract for collection agency services
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
Tina Lewallen vs. the City of Beaumont
Entergy Texas street lighting billing charges
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
January 13, 2009
Consider amending Chapter 3 of the Code of Ordinances - Alcoholic Beverages
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider an amendment to Chapter 3 of the Code of
Ordinances - Alcoholic Beverages.
RECOMMENDATION
The Administration recommends approval of the amendments proposed for Chapter 3 of the Code
of Ordinances.
BACKGROUND
In 2007, Senate Bill 1217 amended Sections 11.09 and 61.03 of the Texas Alcoholic Beverage
Code to allow the Texas Alcoholic Beverage Commission(TABC)to issue a license or permit for
a period of two years. The TABC Administrative Rules have been updated to reflect this statutory
requirement. Consequently, the commission will double the amount of fees and surcharges
established for each license or permit and implement the change in phases. The phase
implemented on January 1, 2009 will affect permits that the City requires according to Chapter 3
of the Code of Ordinances. According to Section 3-3, fees are to be paid in advance for one year
for each place of business. This section must be updated such that the fees are paid every two
years.
The proposed amendment is attached for review.
BUDGETARYIMPACT
Implementing two year permits will increase income in the current fiscal year and decrease income
in the following fiscal year.
I
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 3,
SECTIONS 3-3 AND 3-4 OF THE CODE OF ORDINANCES
OF THE CITY OF BEAUMONT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 3, Sections 3-3 and 3-4, of the Code of Ordinances of the City of
Beaumont be and the same are hereby amended to read as follows:
Sec. 3-3. Fees.
(a) There are hereby prescribed and levied occupation taxes or permit fees upon
persons carrying on the business of manufacturing, distributing or dealing in alcoholic
beverages, as described in this chapter, an amount not to exceed one-half of the taxes or
fees levied upon such business by the state.
(b) The holder of a state retail dealer's on-premises late hours license shall pay
to the city, before exercising any privilege by virtue of such late hours license, a fee not to
exceed one-half of the state fee for such late hours license.
(c) All taxes or fees for each place of business shall be paid in advance in
compliance with the fee schedules authorized by the Texas Alcoholic Beverage Code.
Sec. 3-4. Renewal of permit or license.
Each person owning a permit or license issued under the terms of this chapter may, by
written application filed with the city not more than thirty (30) days prior to the date of the
expiration of a license held by him, renew such permit or license so held by him. Such
renewal accompanied by the prescribed fee, not to exceed one-half of the state fee, shall
be processed in accordance with the procedures as established by the city.
Section 2.
THAT if any section, subsection, sentence, clause or phrase of this ordinance, or
the application of same to a particular set of persons or circumstances should for any
reason held to be invalid, such invalidity shall not affect the remaining portions of this
ordinance, and to such end the various portions and provisions of this ordinance are
declared to be severable.
Section 3.
THAT all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 4.
THAT any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City
of Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
Chapter 3
ALCOHOLIC BEVERAGES*
"Cross references: For provision prohibiting intoxicated persons within the parks,see§20-9(a),
(h)•
State law references: For"Texas Liquor Control Act",see Penal Code Auxiliary Laws,Art.66--
1 et seq.
Sec.3-1.Permit or license required;term.
(a) No person for the purpose of sale who has not first obtained a permit from the State of
Texas,of the type required for the privilege exercised,may do any of the following within the
City of Beaumont:
(1) manufacture,distill,brew,sell,possess,import into this state,export from this state,
transport,distribute,warehouse,or store any liquor or alcoholic beverage;
(2) solicit or take orders for any liquor or alcoholic beverage;or
(3) bottle,rectify,blend,treat,fortify,mix,or process any liquor or alcoholic beverage.
(b) Upon payment of the applicable tax or fee described in this Chapter to the City,a qualified
applicant will be issued a permit or license to engage in business involving alcoholic beverages
as authorized by the permit or license from the state held by such applicant;and the permit so
issued by the city shall authorize the conduct or license of such business upon the premises
described in the permit or license from the state and shall remain in force only so long as such
permit or license from the state remains in force.
(c) For purposes of this chapter,"alcoholic beverage," "beer," "liquor,"and other terms have
the definitions contained in the Texas Alcoholic Beverage Code,as amended.
(Code 1958,§§3-1,3-9,3-11;Ord.No.07-013,§ 1,2-13-07)
Sec. 3-2.Application for permit or license;issuance.
Any person desiring a permit or license under this chapter shall make application therefor to the
City.Upon receipt of satisfactory evidence that the applicant has been duly licensed by the state
and the applicant meets all zoning and other city requirements,a permit will be issued.A
separate permit will be required for each location.
(Code 1958,§ 3-12;Ord.No.07-013,§2,2-13-07)
Sec.3-3.Fees.
Fonwatted:Sftethrough
(a) There are hereby prescribed and levied Fimanal occupation taxes or permit fees upon
persons carrying on the business of manufacturing,distributing or dealing in alcoholic beverages.
as described in this chapter.an amount not to exceed one-half of the taxes or fees levied upon
such business by the state.
(b) The holder of a state retail dealer's on-premises late hours license shall pay to the city.
before exercising any privilege by virtue of such late hours license,a fee not to exceed one-half Fonwatted:Svðrough
of the dal state fee for such late hours license
(c) All taxes or fees J4 ane seep for each place of business shall he paid in advance ui net tsd: ,all be pmd m advance
compliance with the fee schedules authorized by the Texas Alcoholic Beverage Code t Fonwaned:SWkethrough
(Code 1958,§§3-2,3-3,3-6.1;Ord.No_07-013,§3,2-13-07)
State law references: For state permit tees,see Penal Code,Auxiliary Laws,Art.666--15:for
authority of city to levy one-half of state fee_see Art.666--15al and.Sections 11.09 and 61.03 of
the Alcoholic Beverage Code.
Sec.3-4.Renewal of permit or license.
Each person owning a permit or license issued under the terms of this chapter may.by written
application filed with the city not more than thirty(30)days prior to the date of the expiration of
a license held by him renew such permit or license so held by him. Such renewal accompanied
by the prescribed fee,not to exceed one-half of the dal state fee,shall be processed in Fonw Med:Sftethrough
accordance with the procedures as established by the city.
(Code 1958,§3-13;Ord.No.07-013,§4,2-13-07)
Sec.3-5.Reserved.
Editors note:Former section 3-5 pertaining to separate permits or licenses for each place of
business which sells alcoholic beverages,deriving from the 1958 Code,§ 3-14,was repealed by
Ordinance 07-013,§5,adopted February 13,2007.
Sec.3-6.Failure to display permit or license.
It shall be unlawful for any person required to obtain a permit or license hereunder to fail to keep
the same displayed in a conspicuous place in the establishment where such business is
conducted.
(Code 1958,§ 3-15)
Sec.3-7.Cancellation of permit or license for violation.
(a) If any manufacturer,distributor,or dealer in the city shall violate any provision of this
chapter or of the state law applicable thereto,the city council,after due hearing,shall have the
right to cancel the permit or license of such offender,after which he shall not manufacture,
distribute,or sell alcoholic beverages in the city for one year after cancellation.
(b) The cancellation of a license applies to the premises,as well as the person.No new permit
or license may be issued under this chapter pertaining to the premises or the person(s)against
whom a cancellation order is issued by the city council,for one year from the date of
cancellation.
(Code 1958,§ 3-16;Ord.No.07-013,§6,2-13-07)
Sec.3-8.Hours of operation;adoption of hours provided by state law;days prohibited for
package store sales and delivery.
(a) The City of Beaumont is hereby designated as an"extended hours area,"and the times
permitted for consumption and possession of alcoholic beverages defined by§105.06 of the
Texas Alcoholic Beverage Code(as amended)are hereby adopted and made effective in the city.
(b) The hours prescribed by§105.05 of the Texas Alcoholic Beverage Code(as amended)for
the sale of beer are hereby adopted and made effective in the city.
(c) The hours prescribed by§105.03 of the Texas Alcoholic Beverage Code(as amended)for
the sale of mixed beverages are hereby adopted and made effective in the city.
(d) It shall be unlawful for holders of package store permits as provided in the Texas
Alcoholic Beverage Code to sell,offer for sale,or deliver any liquor:
(1) Between 9:00 p.m.of any day and 10:00 a.m.of the following day;
(2) On Sunday;
(3) On New Year's Day;
(4) On July fourth;
(5) On Labor Day;
(6) On Thanksgiving Day;
(7) On Christmas Day;
(8) On the following Monday when Christmas Day or New Year's Day falls on a Sunday.
(Code 1958,§§ 3-6.1,3-7;Ord.No.75-22,§ 1,4-1-75;Ord.No.07-013,§7,2-13-07)
Sec.3-9.Health inspection.
It is hereby made the duty of the director of health,or some deputy to be designated by him,to
enter into and inspect as often as the occasion demands,all manufacturing,distributing,and
retailing establishments handling alcoholic beverages under the terms of this chapter in order to
enforce the health and sanitary ordinances of the city.
(Code 1958,§ 3-17)
Sec.3-10.Proximity of dealer to schools or churches.
(a) Except as otherwise provided by the Texas Alcoholic Beverage Code,it shall be unlawful
for any person to sell or possess for the purpose of sale any alcoholic beverages where the
establishment or place of business of any dealer is within:
(1) three hundred(300)feet of a church,public or private school;
(2) within one thousand(1,000)feet of a public school or a private school if the governing
body of the city receives a request from the governing body of the private school or from the
board of trustees of the school district under section 38.007,Education Code;or
(3) within 1000 feet of a day care center or child care facility,as those terms are defined by§
42.002 of the Texas Human Resources Code.
(b) The measurement of the distance between the place of business where alcoholic beverages
are sold and the church,public or private school,day care center,or child care facility shall be
determined as described in§§109.33 and 109.331 of the Texas Alcoholic Beverage Code,as
amended.
(Code 1958,§ 3-4;Ord.No.75-49,§ 1,7-29-75;Ord.No.77-120,§ 1, 11-8-77;Ord.No.02-
030,§ 1,4-23-00;Ord.No.07-013,§8,2-13-07)
Cbpyngh1 w�2008 Fratlk Wi Legal Rtbh.>hutg.All right.,teseived
can be observed or determined that a substantial portion of the expected customers speak the other
language as their familiar language.
Sec. 11,ik12. 114FAU1111 RISKS NIN. SI(:ti!. a IltL coI 111 tisi•:i1 rllle ;hall rcctuire
the holder of a._ps�irpt authonzin the sale of al.oholic bep craucs for on tl r�rnl�cs eonsumptlon to dtspla�
inin1 si�n_dic door to each restnx)i ion the ocrlrtittcdvrcil iscs that ilfornts tlblis �t tlivri5l±s
drinking-alcohol during.preg-Lpic o
l[?_►. Chi commisson's rnhlc,s stlall slxc�it� the 1_in ua e of the_tearnin� .gild the siec_,�Ird,�rr�hi�
etesig oi._the sign, incl Lsi/c-Inld t Ps
NO] E: Not Ia1cr than Mav:h 1. looli- the C.:\as �Akolwhc 11cccragv C'olnmisslon �-hall adopt the rules
and polictcs neeessarN to inhplcnhCal Sectlons 5 161, "62. 11_O-12_. -,1.111. ;Ind 1()1-h71- .Xlzoholic
I3ecera t; Cody. a5 .lddcd he this ;let. ,Intl St'Ct oils � , - 1, and litl i,? Alt:cih��lie f3cpcul e ('cads. as
amended by this Act t-lets,of the 8()`h L csvislature 1Zcgular 5CSS,on.
Sec. 11.05. UNAUTHORIZED USE OF PERMIT. No permittee may consent to or allow the
use or display of his permit by a person other than the person to whom the permit was issued.
Sec. 11.06. PRIVILEGES LIMITED TO LICENSED PREMISES. No person may use a
permit or exercise any privileges granted by the permit except at the place, address, premises, or location
for which the permit is issued,except as otherwise provided by this code.
Sec. 11.07. DUPLICATE OR CORRECTED PERMIT. If a permit is lost, destroyed, or needs
to be changed, the commission may issue a duplicate or corrected permit.
Sec.11.00.CHANGE OF LOCATION.If a permittee desires to change the location of his place
of business, he may file an application for a change of location with the commission. The application
shall be on a form prescribed by the commission. The commission or administrator may deny the
application on any ground for which an original application may be denied. The application is subject to
protest and hearing in the same manner as an original application for a permit.
Sec. 11.09. EXPIRATION OR SUSPENSION OF PERMIT. (a) A permit issued under this
provided bys5uth5�, ts<>>sold audit xpltzothc o}� of f this code ttNomi led except
Section £50(b)
tlIC_coznmts, (n 511111 dOL ble the alnottin o1 It_e5 and sutchar'c•_c)tht mise applicable under this code ttbr a
pci snit oti ith a try o-tear term.
(b) AA secondary permit which requires the holder of the permit to first obtain another permit,
including a late hours permit or temporary permit, expires on the same date the basic or primary permit
expires. The commission may not prorate or refund any part of the fee for the secondary permit if the
application of this section results in the expiration of the permit in less than mooscars lax r ea I.
(c) An action by the commission resulting in the suspension of a basic or primary permit also
acts to suspend any secondary permit held by the holder of the basic or primary permit.
I:lle on bo rute nlai rc uire that the cti.,iration_date liar an indiiidua[prinit_holder's
p rl_iit_i'_tlic first R,tlih-��rsat� klt the_date. k)lI %%hick dic i7ermit is i ined due 10 lhcj?�r?liit hi2ldcr°ti t 0!ati<ll
lrl�tt)r�-_
( 11}� tc )iltlli i( Il t! 11_i'tiUc a pcinilt.'.4lit) 2111 kA1'it Itl()II 1tte less than tt\o 1c t _,ltcr ,he date
thL. k Cillrl_t�_iti Uc CI-Ili rtilf_to Il kllr :lClllii_Il dlGliihrltl Il tll_rknc1131 ~ 711C-1tt()Il rt F ttl\
l',� t!, attd llcimit f�cti. If t?4 ,.t,+r�ll3r_5-�c i�i ski 5 ;i_tx In�tt r: fti .til C pi --tiun riat 1�,5 than h�c�w u5_tli�r
111x, d ttc +hc oi;lllin S tht ca?nUlil"SWIl 511.111-prU1 Itt, [tic I.Villin Ic_e kill _I 11wild"k hasl1' tii) [flat tile
i}c'rtitlt )li)114F t`sl4 i7ii1` t1 -'r(1 11 t1l th,-.,,1'c;tll+t c 'h71I ,4 511;'ia, t t1c ti. 01 ' l-sli3ilbc.l of !nk-11ths d l'9n,:
41t1 +,n llle the?ti t i� ..! i_)_
t + � �l:r. t , ?1 t,+ !1 i rt, ,., .,t�: 1?' !1+i5 \:tai;tllti •tt�lp lc` `l
O+ f+.a1c. gal t?il —t
Jl 7:Jti CUl lS ai,n S+'1S 'Ili} i`, r rilt',i tip Al'-s 1;ivL idl :%f: r :ly 'tl (114
1'csas Alcoholic BeN'erage Curie(2007) 22
oiu permit oas istiucd or xcnc"c(i. aj)(l tllc 1'011?1 r la.. i_. �Ert)tii)))id in cff ct ft>r t1)at 17�arpo�>c �ycts M'11r4
8O11' Lgnslawl-c. Rconlar `k,ssurn. _'00T,
Sec. 11.091. NOTIFICATION OF EXPIRED OR SUSPENDED PERMIT. (a) The
commission shall verify that the holder of an expired or suspended retail permit is not operating in
violation of this code. The verification, including any inspection of the premises by commission
personnel,must occur within a reasonable time after the date the permit expires or is suspended.
(b) The commission shall promptly notify each wholesaler, as that term is ordinarily used
and understood in Section 102.01, who regularly supplies retailers in the geographic area that the holder's
retail permit has expired or has been suspended.
Sec. 11.10.SUCCESSION ON DEATH,BANKRUPTCY,ETC. On the death of the permittee
or of a person having an interest in the permit, or on bankruptcy, receivership, or partnership dissolution,
the receiver or successor in interest may apply to the county judge of the county where the licensed
premises are located for certification that he is the receiver or successor in interest. On certification,
unless good cause for refusal is shown, the commission or administrator shall grant permission, by letter
or otherwise, for the receiver or successor in interest to operate the business during the unexpired portion
of the permit. The permit may not be renewed, but the receiver or successor in interest may apply for an
original permit or license. A receiver or successor in interest operating for the unexpired portion of the
permit is subject to the provisions of this code relating to suspension or cancellation of a permit.
Sec. 11.11. CONDUCT SURETY BOND. (a) Except as provided in Subsection (e) of this
section,an applicant for a permit or a holder of a permit issued under:
(1) Chapter 25. 28,or 32 of this code shall file with the commission a surety bond in
the amount of$5,000 conditioned on the applicant's or holder's conformance with alcoholic beverage law,
or
(2) Chapter 22, 24, 25, 26,28,or 32 and whose place of business is within 1,000 feet
of the property line of a public school shall file with the commission a surety bond in the amount of
510,000 conditioned on the applicant's or holder's conformance with alcoholic beverage law.
(b) A surety bond required under this section shall contain the following statements on the
face of the bond:
(1) that the holder of the permit will not violate a law of the state relating to
alcoholic beverages or a rule of the commission;and
(2) that the holder of the permit agrees that the amount of the bond shall be paid to
the state if the permit is revoked or on final adjudication that the holder violated a provision of this code,
regardless of whether the actions of an employee of a holder are not attributable to the holder under
Section 106.14.
(c) The commission shall adopt rules relating to the:
(1) form of the surety bond:
(2) qualifications for a surety;
(3) method for filing and obtaining approval of the bond by the commission;and
(4) release or discharge of the bond.
(d) A holder of a permit required to file a surety bond may furnish instead of all or part of the
required bond amount:
(1) one or more certificates of deposit assigned to the state issued by a federally
insured bank or savings institution authorized to do business in this state;or
(2) one or more letters of credit issued by a federally insured bank or savings
institution authorized to do business in this state.
(e) A holder of a permit issued under this code who has held a permit for three years or more
before the date the holder applied for renewal of the permit is not required to furnish a surety bond if the
holder:
(1) has not had a license or permit issued under this code revoked in the five years
before the date the holder applied for renewal of the permit:
Texas Alcoholic Beverage Code(200'7) 23
Sec. 55.0.5. REPORTING REOUIREMENTS The commission ,hall require itroudrly reports
f�rc)ri� a._permit holder under this cha pter sh.S2 itr the brands. tti t s. sacs gf conttrin<rs and is 1 tws of
beer. ale, or malt li uor receii ed at and shipped From the premises to p rsons authorized to rcC.- them.
1l1c,r ?i"ts must,conloriar ul afi resets to the re uircm4 nts and f01-111 1xescribed.t� tl�c conumrysic)n and
contain ally other information required by the coo mission.
NOTE: if anN part of Uhapter is. Alcoholic Beverage Code. as added bN this Act. is invalidated bi a
final. unappealable order of a court. the critire chapter is im and aild am permit issued ender the chapter is
Wid (Acts of the sI)`i' t.cci daturc. Rcgular Session"
SUBTITLE B. LICENSES
CHAPTER 61.PROVISIONS GENERALLY APPLICABLE TO LICENSES
SUBCHAPTER A.GENERAL PROVISIONS
Sec. 61.01. LICENSE REQUIRED.No person may manufacture or brew beer for the purpose
of sale, import it into this state, distribute or sell it, or possess it for the purpose of sale without having
first obtained an appropriate license or permit as provided in this code. Each licensee shall display his
license at all times in a conspicuous place at the licensed place of business.
Sec. 61.02. NATURE OF LICENSE; SUCCESSION ON DEATH, BANKRUPTCY, ETC.
(a) A license issued under this code is a purely personal privilege and is subject to revocation as provided
in this code. It is not property, is not subject to execution, does not pass by descent or distribution, and
ceases on the death of the holder.
(b) On the death of the licensee or of a person having an interest in the license, or on
bankruptcy, receivership,or partnership dissolution.the receiver or successor in interest may apply to the
county judge of the county where the licensed premises are located for certification that he is the receiver
or successor in interest. On certification, unless good cause for refusal is shown, the commission or
administrator shall grant permission, by letter or otherwise, for the receiver of successor in interest to
operate the business during the unexpired portion of the license. The license may not be renewed, but the
receiver or successor in interest may apply for an original license. A receiver or successor in interest
operating for the unexpired portion of the license is subject to the provisions of this code relating to the
suspension or cancellation of a license.
Sec. 61.03. EXPIRATION OR SUSPENSION OF LICENSE. (a) Except as provided by
ubscctic�ns is and Lc
_I arrc)thcr rgn ision of this ct�cic_,_am
€t _a license except a branch, importer's, importer's carrier's, or
temporary license expires on th4, sccotrd arinncrsar\ of' the date on which it is issued.
Not�yithstanding Section 5 5t�.(b) thK_L�oimmissran shall require douible the ainounC of fees and surcharu es
odicni,t" a liccabic under this code for 1 licur�e,a ith a t%%+� ear term_
(b) A secondary license which requires the holder of the license to first obtain another license,
including a late hours license or temporary license, expires on the same date the basic or primary license
expires. The commission may not prorate or refund any part of the fee for the secondary license if the
application of this section results in the expiration of the license in less than t)�r__cars p4 I
(c) An action by the commission resulting in the suspension of a basic or primary- license
also acts to suspend any secondary license held by the holder of the basic or primary license
:tf? lli4; ,.+.''�i{it tt;ri I'1 44.x14; Eit.r1 lC:Clri7r<� ..11it '�l<.c_. �,il'4.rtlti)! otlti',,,. .i,111...:;iti4 tdtla! �'t�&.il.+. hOlcicr_'_
I" ilE
P)�_.iir4t till �,l ! tilt ditc_111
_.
nalttlrl datll__t) :ittt f Illy il:irl
lllti li�t.i l �` i tl ll til cli:f I ilai[� aim r t r� ?il'41� Inn�l rf drstribli iolt f [.�'n�0 c l .1 t 1l �iC'lln rCl lel�
f7te 1�.,,_t11 lit tlyo cars uttCr
.__..__
Texas Alcolit)hc lleNerage CiAe(2007) 87
I
the date tl�e license ss_isstaid. the corntnission sh,IILrorate the lit rrsc Cce 0n 4-1110►itlIIN basis so that thu
license hotdcr��aNS ")III%_ LIgLp.)gi�m of the license fi4 ��rat is .ijlocahf�_tc?.the €if.,dlrl��r of �n��xltFis cjusir��;
,luch the license is N alid.
No I'E: Except as (Awn.aisc proNidcd bN this Act. the changes in laNv made bv� this Act apply onh to a
license or permit issued or rcneNNed on or after Septcmbcr 1. 2007. A license or permit issued or rcncvxcd
bcFore September t. 201)7, expires on its on n tetrns and is goN erred b} the laNv in effect %v lien the license
or permit «as issued'()[ reneeved. and the former laNv is continued in effect for Ih..tt purpose. (.'acts of the
8o- Legislature, geg?tlar Session. .)007)
Sec. 61.031. NOTIFICATION OF EXPIRED OR SUSPENDED LICENSE. (a) The
commission shall verih that the holder of an expired or suspended retail license is not operating in
violation of this code. The verification, including any inspection of the premises by commission
personnel,must occur within a reasonable time after the date the license expires or is suspended.
(b) The commission shall promptly notify each wholesaler, as that term is ordinarily used
and understood in Section 102.01,who regularly supplies retailers in the geographic area that the holder's
retail license has expired or has been suspended.
Sec. 61.04. LICENSE NOT ASSIGNABLE. No holder of a license may assign his license to
another person.
Sec. 61.05. NAME OF BUSINESS. No person may conduct a business engaged in the
manufacture, distribution, importation, or sale of beer as owner or part owner except under the name to
which the license covering his place of business is issued.
Sec. 61.06. PRIVILEGES LIMITED TO LICENSED PREMISES; DELIVERIES. No
person licensed to sell beer,except a manufacturer or distributor,may use or display a license or exercise
a privilege granted by the license except at the licensed premises. Deliveries of beer and collections may
be made off the licensed premises in areas where the sale of beer is legal inside the county where the
license is issued, but only in response to orders placed by the customer in person at the licensed premises
or by mail or telephone to the licensed premises.
Sec. 61.07. AGENT FOR SERVICE. Each manufacturer, distributor, or person shipping or
delivering beer into this state shall file a certificate with the secretary of state designating the name,street
address, and business of his agent on whom process may be served. If a certificate is not filed, service
may be had on the secretary of state in any cause of action arising out of a violation of this code; and the
secretary of state shall send any citation served on him by registered mail, return receipt requested,to the
person for whom the citation is intended.The receipt is prima facie evidence of service on the person.
Sec. 61.08. STATEMENT OF STOCK OWNERSHIP. The commission at any time may
require an officer of a corporation holding a license to file a sworn statement showing the actual owners
of the stock of the corporation, the amount of stock owned by each, the officers of the corporation, and
any information concerning the qualifications of the officers or stockholders.
Sec.61.09.CHANGE OF LOCATION. If a licensee desires to change his place of business,he
may do so by applying to the county judge on a form prescribed by the commission and obtaining his
consent. The application may be subject to protest and hearing in the same way as an application for an
original license. The county judge may deny the application for any cause for which an original license
application may be denied. No additional license fee for the unexpired term of the license shall be
required in the case of an application for a change of location.
Sec. 61.10. REPLACEMENT OF LICENSE. If a license is mutilated or destroyed, the
commission or administrator may issue another license as a replacement in a manner acceptable to the
commission or administrator.
Sec. 61.11. WARNING SIGN REQUIRED. (a) Each holder of a license who is not otherwise
required to display a sign under Section 31, Article 4413(29ee). Revised Statutes. shall display in a
prominent place on the license holder's premises a sign giving notice that it is unlawful for a person to
Texas Alcoholic Betierage Code(2007) 88
222
OFFICE OR THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable Y. IN Kiska
Ooanty Attorney
Lee County
014dings, Texas
Opinion No. 0-052
Dear Sir: Rot Construction of ale b6b-lba-1�
Vernon's lonota eras Penal
Code.
your request for opinion been re lied and owe-
fully considered by this departmentb a re-
quest as lollowe:
*The Commissioner seed an o
requiring the Paokag s to a tax of $35.00
per year vtder Arti a'. 6- si Yeraoa's 1925
Revised 0ITil Statut o t 8 to of Texas.
This is not 1/2 of th e o gsd by the State.
"The tar oats the County must
either ley f • Sta f or else nothing.
That the tied a some arbi-
truT •
wM s of a Statute is ''--The Caa-
ers ! county in this State shall
• t pvwe to oo�lwot trap each p sr-
• a • to on -belt of the State
r or th referenoe -to Cities, the
taints r• , that the City shall UT• the paver
1Ky� lleot ' a fee not to exceed one-halt
of he St eel .
s to be the contention Ct the Auditor
tha du to the language Used is connection with
the a rit of the City to levy and collect not
to exceed 1 2 of the State leet it is implied that
it is mandatory for the county to leTy a !es "Equal
to ono-half of the State feet if it levies nay at
all.
Honorable Y. !'.
]U*k*t Page d 222
"Z can find no authorities to substantiate
sitlier his or the Co missioner's Court contentions
but as it is optional with the commissioner's
court to levy a too at all, it is MY opinion that
tbA intent is to leave it to' the Commissioner's
Court whether they want to levy any at all and as
to how mush they want to levy, so long as they do
not exceed 1/8 of the State levy.
"we should like to have an opinion from your
department."
Article 666-15a-1, Vernon's Annotated Texas Penal
Code, reads as followas
"Art. 666-i5a1. Commissioners Courts and cities
and towns authorised to levy fee on certain
? pomitteesl permits displayed= penalty
"Zxoept •as to Agent's, Industrial, Carrier's
Private Carrier"s. Local Cartage, and Storage Per-
mits and as to such l=ine and Beer Retailer's
Perm�ts as shall be issued to -operators of dining,
buffet, or club cars;.ani Class 'B' Winery Permits,
the Commissioners Oourt of each county in this
state shall hate the parer to levy and collect
from every person that may be issued a permit here-
under In �1&e city or town whereinithe
the State feel
ppssrmittee is daaiciled shall have the power to
levy sjA collect a fee not to exceed one half of
the State feet but no other tee or tax shall be
levied by .either. Nothing herein oontsined shall
be construed as preventing the leryin 9 assessing,
and collecting of ,general adv persits�hd7.1 bed
property of said persons.
displayed in a conspicuous plaos at all times on
the licensed promises. Any jeraittae or licenses
who engages is the sale of any alcoholic beverage
without having first paid the fees which may have
been levied by the county or city a s •herein pro-
vided shall be quilty Of a misdemeanor and upon
conviction shell be fined not less than Ten Dol-
lars ($lo) nor more than 'Two $nndred Dollars ($200).
Acts 1954, 44th Log.. 244 C.S. . p. 19959 oh. 4679
Art. It =Salt as�ailded Acts 1957. 46th Leg..
p. 105S,. oh. 445, ."
2O:..:
Honorable Y. F. Kicks# Page 3
• The Courts heave not yet passed on this question.
HoMOTOr1, this department passed on this identical question
OIL ftly-]Loth 1 19351 In an opinion written by Honorable C. Y.
Kennedy, Assistant Attorney Generale "Corded in Volume 36b,
pages 418 and 6131, Letter opinions iqf the Attorney General,
holding that the County could levy a\fee of one-half of the
State fee or iothiAg.
We have reached the conclusion that this holding
is erroneous and we hereby overrule the same.
It seem reasonable and logical that the greater
power would include the lesser power and we see no logical
reason why the Commissionerst Court in their discretion woul d
not have the power to levy a fee. less' than one-half the State
fee. It wuld seem that reason and 0000wn sense would not
require the Commissioners" Court to levy a grerter fee than
they thought was necessary.
It is therefore our opinion that you have correctly
answered the question.
Very truly yours
ATTOMMY OSMAL OF TSZAS
APPS DW 101, 1941
/s/ drover Sellers By
TIRST ASSISTANT Bm. J. Tanning
ATTOMM GINMUL Assistant
This opinion considered and approved in limited conference
3 -L
2
January 13,2009
Consider amending Chapter 26 Traffic, Article IV Parades of the Code of Ordinances
RICH WITH OPPORTUNITY
BE
T • E A,* X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider amending Chapter 26 Traffic, Article IV
Parades of the Code of Ordinances
RECOMMENDATION
The Administration recommends approval of amending Chapter 26 relating to Parades.
BACKGROUND
Language would be added to state that parades sponsored or co-sponsored by the City of
Beaumont, as determined by the City Manager, will not be subject to permit fees or the
reimbursement of police costs and cleanup expenses. Examples of city sponsored or co-
sponsored parades presently include the Christmas Parade, MLK Parade and Neches River
Parade.
Also, language will be added relating to applications for a street or block closure. Approval of
closures will be limited to non-commercial and/or civic events. Residential streets will not be
allowed to be closed or blocked if access or egress to or from privately owned residential
property would be adversely affected.
BUDGETARY IMPACT
None.
I
Chapter 26 TRAFFIC*
*Cross references: Regulation of traffic within parks, § 20-6; regulation of operation of
railroads, Ch. 22; regulation of operation of vehicles for hire, Ch. 29.
State law references: For Uniform Act Regulating Traffic on Highways, see VTCS,
Art. 6701 d; for authority of city to regulate, see Arts. 1175(20), 1175b, 6701 d, §27.
ARTICLE IV. PARADES
Sec. 26-90. Definitions.
As used in this article, the following words and terms shall have the meaning
ascribed thereto:
Applicant. A person who has filed a written application for a parade permit.
Chief of Police. Fire Chief, Public Works Director, and City Manager include their
designees.
Parade. An assembly of three (3) or more persons gathering for the common
design of moving in or upon any public street from one location to any other location,
whether on foot, on horseback, by mechanical conveyance, or otherwise, as part of a
procession, march, pageant, ceremony, or like event.
Commercial parade. A parade sponsored other than by a nonprofit organization,
the purpose of which is to advertise a product, whether tangible or intangible, to
advertise or promote an exhibition or theatrical performance, or otherwise operate to the
pecuniary benefit of the sponsor.
Parade permit. A written consent or permit to conduct a parade or street or block
closure issued pursuant to written application and approval hereunder.
Street. The entire width between the boundary lines of every road or way publicly
maintained when any part thereof is open to the use of the public for vehicular traffic.
Permittee. A person to whom a parade permit has been granted under this
article.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-91. Parade permit required; exceptions.
(a) It shall be unlawful to commence, conduct, aid, or engage in a parade upon any
public street without having first secured a parade permit therefor from the chief
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
of police.
(b) The following activities shall be exempt from the requirement of a permit
hereunder:
(1) Funeral processions supervised by a licensed mortuary proceeding by a
reasonable route from a funeral home, church, or residence of a
deceased to a memorial service or place of interment;
(2) Picketing or other peaceful demonstrations at a fixed location that is not a
street;
(3) Sidewalk processions conducted in accordance with all traffic regulations
and other applicable laws and ordinances;
(4) Processions, convoys, marches or similar activities conducted by
members of the armed forces of the United States or the State of Texas
while acting in the regular course and scope of their duties;
(5) Processions, convoys, or the like conducted by members of the
Beaumont Fire or Police Departments while acting in the regular course
and scope of their duties;
(6) Wedding processions proceeding by a reasonable route between the
residence of a member of the matrimonial party, the place of performance
of the matrimonial service, and/or the place of reception or matrimonial
celebration;
(7) Motorcades escorted by members of the Beaumont Police Department as
a part of their assigned duties.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-92. Application for parade permit.
(a) Applications for a parade permit must be filed with the chief of police no less than
thirty (30) days prior to the date and time for commencement of such parade.
(b) Each application for a parade permit must be made on a form provided for this
purpose by the chief of police.
(c) Each application for a parade permit shall be signed by the applicant and contain
the following information:
(1) The name, address, and telephone number of the applicant;
(2) The name, address and telephone number of any organization, firm,
association, corporation, or other entity on whose behalf application is
made;
(3) Date and time proposed for commencement of the parade;
(4) A statement of the anticipated duration of the parade;
(5) A description of the specific parade route listing all streets to be utilized
and the direction of flow from the point of commencement to termination;
(6) The estimated number of persons to participate in the parade;
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
(7) The estimated number of vehicles, floats, animals, motorized displays
and the like to be utilized in the parade;
(8) The estimated number of marching units, bands, color guards, drill teams
and the like to participate in the parade.
(d) If the applicant is acting on behalf of a corporation, association, firm or other
organization sponsoring the parade, the application must be accompanied by a
letter indicating the organization's sponsorship of such parade and authorizing
the applicant to act in its behalf in securing a permit therefor.
(e) Upon receipt of an application for a parade permit, the chief of police shall
forward a true copy of same to the fire chief and public works director with a
request for comments thereon.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-93. Permit fees; reimbursement of costs.
(a) An application for a permit to conduct a commercial parade shall be
accompanied by a nonrefundable permit fee of We-two hundred 1&_dollars
($589250.00) to reimburse the city for administrative costs incurred as a result of
the conduct of such parade. The applicant for a commercial parade permit will
also be responsible for police costs, cleanup expenses, and other service costs
identified by the city. An estimate of these costs will be provided when the permit
is secured.
(b) An application for a permit to conduct a non-commercial parade shall be
accompanied by a nonrefundable permit fee of two hundred fifty dollars
($250.00) to reimburse the city for administrative costs incurred as a result of the
conduct of such parade. Police, cleanup, and other services will be paid by the
city. Parades sponsored or co-sponsored by the City of Beaumont as
determined by the City Manager, will not be subiect to permit fees or the
reimbursement of costs as stated above. Examples of City sponsored or co-
sponsored parades presently include the Christmas Parade MLK Parade and
Neches River Parade.
(Ord. No. 85-115, § 1, 11-19-85; Ord. No. 86-112, § 1, 11-486)
Sec. 26-94. Standards for issuance; action on application.
(a) The chief of police may, in consultation with the public works director and fire
chief, approve an application for a parade permit subject to reasonable terms and
conditions relating to the time, place or manner for conduct of the parade,
including, but not limited to:
(1) The establishment of an alternate time for conduct of the parade;
(2) The establishment of an alternate route for conduct of the parade;
(3) Reasonable regulations regarding the width and length of the parade.
(b) The chief of police, or his designee, may, in consultation with the public works
director and fire chief, approve an application for a street or block closure subject
to reasonable terms and conditions relating to the time place or manner for the
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
proposed closure. Approval of street or block closures shall be limited to non-
commercial and/or civic events. No approval shall be granted for any requested
closure of a public, residential street where the access or egress to or from
Privately owned residential property would be adversely affected.
(c) A parade permit shall either be issued or denied within seven (7) days after the
applications therefor being filed with the chief of police.
{Gd) Upon issuance of a parade permit by the city, all appropriate departments shall
be notified. A copy of said permit shall be maintained on file for review.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-95. Denial or revocation of permit.
(a) It is the policy of the City of Beaumont that the constitutional rights of citizens be
fully considered in determining the granting or denying of parade or street closure
permits and that GitiZeRG'
. Therefore, the chief of
police shall consider the following in denying, revoking or modifying parade
permits:
(1) If the information contained in the application for a paFadepermit is found
to be false or incomplete in any material aspect; or
(2) If the public peace, health, safety, or welfare will be endangered by the
conduct of the parade or street closure or that conduct of the same is
reasonably likely to engender a riot, civil disturbance, or other public
calamity; or
(3) Permittee has conducted or is conducting a parade or street closure in
violation of this article or other applicable laws and ordinances affecting
such activity; or
(4) If the permittee fails to obey any lawful order of the chief of police, fire
I chief, or their respective designees, respecting the conduct of the parade
or street closure, or any term or condition to which the approval of the
parade permit is made subject; or
(5) If the parade or street closure fails to commence within thirty (30) minutes
of the appointed time for commencement; or
I (6) If the conduct of the parade or street closure at the time and place or in
the manner proposed will substantially disrupt the safe and orderly
movement of traffic contiguous to the parade route or area of the street
closure; or
(7) The parade or street closure will require diversion of so great a number of
police officers that the provision of adequate police service to the
remainder of the city will be rendered impossible; or
(8) If the concentration of persons, animals, and vehicles at points of
assembly and disassembly is reasonably likely to interfere with the
provisions of adequate fire, police, and other emergency services to other
parts of the city; or
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
(9) Conduct of the parade or street closure is reasonably likely to result in
harm to persons or property; or
(10) If emergency conditions or other exigent circumstances then existing
within the city require that the public streets remain open to the free and
unencumbered transportation of emergency crews, equipment and
materials.
(b) In the event of denial or revocation hereunder, the chief of police shall provide, at
the time of denial or revocation, such oral or written notice of denial or revocation
that is feasible under the circumstances then existing and, in addition, within
three days thereafter, shall provide written notice to the permittee or applicant
setting forth the specific reasons forming the basis for denial or revocation. Such
written notice shall be mailed to the permittee or applicant.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-96. Appeal procedure; final decision.
(a) Any applicant may appeal the decision of the chief of police to the city council.
Such appeal may be accomplished by requesting the city manager, or whoever is
acting in his place, to place such appeal upon the agenda of the next available
regular council meeting. This shall be done so long as it does not have to be
placed on such agenda as an emergency item. If circumstances prevent such
appeal from being considered by the city council, then such appeal shall be
considered by the city manager or whoever is acting in his place. The decision
hereby rendered shall be final. If a decision is not rendered prior to three (3) full
days before the commencement of the parade, such failure to act shall
conclusively be presumed an approval of the decision of the chief of police. The
lack of a decision shall be conclusively presumed an approval of the decision of
the chief of police. In the absence of an appeal made in accordance with the
procedures above described, the decision of the chief of police shall be final.
(b) An appeal from the decision of the chief of police shall include a copy of the
application for a permit and a statement of the action complained of. It shall be
delivered to the office of the city manager together with applicant's request for an
appeal. Such appeal shall not be considered as requested or filed without such
material.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-97. Interference with parade; driving through parade; parking on
parade route.
(a) It shall be unlawful for any person to obstruct, impede, or interfere in any form or
manner with the progress of any parade or the persons, vehicles or animals
comprising the parade from the point of commencement to the point of
disassembly.
(b) It shall be unlawful for any person to drive through or between the persons,
vehicles, or animals comprising a parade from the point of commencement to the
point of disassembly.
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
(c) It shall be unlawful to park any vehicle along a public street constituting a portion
of the parade route and conspicuously marked as such; in this connection, the
chief of police and the public works director are authorized to prohibit or restrict
the parking of vehicles as needed along the parade route and to cause the route
to be conspicuously marked as such.
(d) It shall be a defense to prosecution under the preceding subpart that the place
where the vehicle was parked was not conspicuously designated as a parade
route at the time of parking.
(e) This section shall not apply to any member of the Beaumont Police or Fire
Departments acting in the course and scope of their duties in monitoring,
regulating and policing parade activity or otherwise.
(Ord. No. 85-115, § 1, 11-19-85)
Sec. 26-98. Enforcement.
(a) Any person conducting, commencing, aiding or engaging in a parade without a
parade permit, or otherwise violating any provision of this article, is guilty of a
misdemeanor and, upon conviction, shall be punished by a fine of not less than
one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).
(b) The chief of police, his authorized designee, any officer of the Beaumont Police
Department, and the fire chief or his authorized designee are hereby authorized
to issue summons and citations, as applicable, for violations of this article.
(c) Anyone involved in or participating in a parade without first receiving a permit as
outlined herein or after being directed to cease and desist and informed that the
parade is unlawful because it is without a permit shall individually be in violation
of this article, shall be guilty of a misdemeanor and, upon conviction, shall be
fined not less than one hundred dollars ($100.00) nor more than five hundred
dollars ($500.00).
(d) This section shall not apply to members of the police, fire, or public works
departments in processing any parade permit application.
(Ord. No. 85-115, § 1, 11-19-85)
G:\RMW\CODE REVISIONS\Ch 26 PARADE MARKUP 01-06-09.RTF
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 26, ARTICLE IV,
PARADES, SECTIONS 26-90 AND 26-93, AND SUBSECTIONS 26-94(b),
(c)AND (d), AND 26-95(a) OF THE CODE OF ORDINANCES; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A
PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
That Chapter 26, Article IV, Section 26-90, be and the same is hereby amended to
read as follows:
Sec. 26-90. Definitions.
As used in this article, the following words and terms shall have the meaning ascribed
thereto:
Applicant. A person who has filed a written application for a parade permit.
Chief of Police, Fire Chief, Public Works Director, and City Manager include their
designees.
Commercial parade. A parade sponsored other than by a nonprofit organization, the
purpose of which is to advertise a product, whether tangible or intangible, to advertise or
promote an exhibition or theatrical performance, or otherwise operate to the pecuniary
benefit of the sponsor.
Parade. An assembly of three (3) or more persons gathering for the common design of
moving in or upon any public street from one location to any other location, whether on
foot, on horseback, by mechanical conveyance, or otherwise, as part of a procession,
march, pageant, ceremony, or like event.
Parade permit. A written consent or permit to conduct a parade or street or block closure
issued pursuant to written application and approval hereunder.
Street. The entire width between the boundary lines of every road or way publicly
maintained when any part thereof is open to the use of the public for vehicular traffic.
Permittee. A person to whom a parade permit has been granted under this article.
Section 2.
That Chapter 26, Article IV, Section 26-93, be and the same is hereby amended to
read as follows:
Sec. 26-93. Permit fees; reimbursement of costs.
(a) An application for a permit to conduct a commercial parade shall be accompanied
by a nonrefundable permit fee of two hundred fifty dollars ($250.00) to reimburse
the city for administrative costs incurred as a result of the conduct of such parade.
The applicant for a commercial parade permit will also be responsible for police
costs, cleanup expenses, and other service costs identified by the city. An estimate
of these costs will be provided when the permit is secured.
(b) An application for a permit to conduct a non-commercial parade shall be
accompanied by a nonrefundable permit fee of two hundred fifty dollars ($250.00)to
reimburse the city for administrative costs incurred as a result of the conduct of such
parade. Police, cleanup, and other services will be paid by the city. Parades
sponsored or co-sponsored by the City of Beaumont, as determined by the City
Manager, will not be subject to permit fees or the reimbursement of costs as stated
above. Examples of City sponsored or co-sponsored parades presently include the
Christmas Parade, MILK Parade and Neches River Parade.
Section 3.
That Chapter 26, Article IV, Subsections 26-94(b) and (c), be and the same are
hereby amended by renumbering them (c) and (d) respectively and adding a new
subsection (b) to read as follows:
Sec. 26-94. Standards for issuance; action on application.
(b) The chief of police, or his designee, may, in consultation with the public works
director and fire chief, approve an application for a street or block closure subject to
reasonable terms and conditions relating to the time, place, or manner for the
proposed closure. Approval of street or block closures shall be limited to non-
commercial and/or civic events. No approval shall be granted for any requested
closure of a public, residential street where the access or egress to or from privately
owned residential property would be adversely affected.
(c) A parade permit shall either be issued or denied within seven (7) days after the
applications therefor being filed with the chief of police.
d) Upon issuance of a parade permit by the city, all appropriate departments shall be
notified. A copy of said permit shall be maintained on file for review.
Section 4.
That Chapter 26, Article IV, Subsection 26-95(a) be and the same is hereby
amended to read as follows:
Sec. 26-95. Denial or revocation of permit.
(a) It is the policy of the City of Beaumont that the constitutional rights of citizens be
fully considered in determining the granting or denying of parade or street closure
permits. Therefore, the chief of police shall consider the following in denying,
revoking or modifying permits:
(1) If the information contained in the application for a permit is found to be false
or incomplete in any material aspect; or
(2) If the public peace, health, safety, or welfare will be endangered by the
conduct of the parade or street closure or that conduct of the same is
reasonably likely to engender a riot, civil disturbance, or other public
calamity; or
(3) Permittee has conducted or is conducting a parade or street closure in
violation of this article or other applicable laws and ordinances affecting such
activity; or
(4) If the permittee fails to obey any lawful order of the chief of police, fire chief,
or their respective designees, respecting the conduct of the parade or street
closure, or any term or condition to which the approval of the parade permit
is made subject; or
(5) If the parade or street closure fails to commence within thirty(30) minutes of
the appointed time for commencement; or
(6) If the conduct of the parade or street closure at the time and place or in the
manner proposed will substantially disrupt the safe and orderly movement of
traffic contiguous to the parade route or area of the street closure; or
(7) The parade or street closure will require diversion of so great a number of
police officers that the provision of adequate police service to the remainder
of the city will be rendered impossible; or
(8) If the concentration of persons, animals, and vehicles at points of assembly
and disassembly is reasonably likely to interfere with the provisions of
adequate fire, police, and other emergency services to other parts of the city;
or
(9) Conduct of the parade or street closure is reasonably likely to result in harm
to persons or property; or
(10) If emergency conditions or other exigent circumstances then existing within
the city require that the public streets remain open to the free and
unencumbered transportation of emergency crews, equipment and materials.
Section 5.
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 6.
That all ordinances or parts of ordinances in conflict herewith are repealed to the
extent of the conflict only.
Section 7.
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 on this the 13th day of
January, 2009.
- Mayor Becky Ames -
3
January 13, 2009
Consider approving a contract for renovations to the Athletic Complex
RICH WITH OPPORTUNITY
IIEA,111�10111
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, Cit Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider the award of a bid for renovations to the
Athletic Complex.
RECOMMENDATION
Administration recommends the award of a bid to Bruce's General Construction of Beaumont in
the amount of$2,200,000 and the execution of Change Order No. 1 reducing the project cost by
$550,000 or 25%.
BACKGROUND
Five(5)bids were received on Thursday, December 11, 2008 to furnish all labor, materials, and
equipment necessary to renovate the Athletic Complex located on Langham Road. The project
included renovating baseball Complexes 1, 2 and 4. Scheduled improvements included a new
accessible restroom facility to service Complexes 1 and 2, new steel canopies structurally
designed to comply with current windstorm codes,new covered patios with a score keepers
bench for Complexes 1 and 2, and the installation of safety netting. Complex 3 was not
scheduled for renovation at this time.
Due to the cost of steel and the amount of steel required to construct the canopies for all three(3)
complexes, the bids exceeded the budgeted funds in the Capital Program. Staff reviewed the
design with the apparent low bidder and the architect, Dohn Labiche, to determine if the project
could be modified and costs reduced. It was determined that a complete renovation of Complex
1 and partial renovations of Complex 2 and 4 could be achieved within available funding.
The bids received are as follow:
Contractor Price Completion
Bruce's General Construction $2,200,000 270 days
Beaumont, TX
Improvements to Athletic Complex
January 13, 2009
Page 2
Contractor Price Completion
Goss Building $2,243,844 180
Beaumont, TX
Cleveco Construction $2,317,000 300
Lumberton, TX
SeTEX Construction Corporation $2,490,000 300
Beaumont, TX
Jamail & Smith Construction $2,490,956 270
Beaumont, TX
State of Texas statutes allow change orders to increase or decrease a contract by no more than
25%. A reduction of 25% or$550,000 can be accomplished by modifying the project as shown
below:
• Reduce square footage of the new restroom facility by 628 square feet.
• Eliminate safety netting.
• Eliminate patio and new score keepers station at Complex 2.
• Eliminate the replacement of new handrails at Complex 4.
• Delete electric powered overhead doors and replace with manually operated
doors.
• Change roofing system from standing seam metal roof to an R-panel metal roof
system.
The new accessible restroom facility will be constructed adjacent to Complex 2. New structural
steel canopies will be constructed over the bleachers and dugouts at Complex 1, 2 and 4. A
covered patio and score keepers station will be constructed at Complex 1. The repairs include
new steel canopies to replace the ones destroyed by Hurricane Rita.
Bruce's General Construction is a certified Minority Business Enterprise company.
The project will commence in February and be completed in October 2009.
BUDGETARY IMPACT
Funds for this project will be provided by Hotel Occupancy Tax (HOT) and the Capital Program.
Funding for Complex 4 will be provided by FEMA.
RESOLUTION NO.
WHEREAS, bids were solicited for a contract to furnish all labor, materials, and
equipment necessary to renovate the Athletic Complex located on Langham Road; and,
WHEREAS, Bruce's General Construction, Beaumont, Texas, the low bidder,
submitted a bid in the amount of$2,200,000; and,
WHEREAS, the bid exceeded the budgeted funds in the Capital Program; and
WHEREAS, City staff met with Bruce's General Construction and the project
architect to modify renovations, as listed below, thereby reducing the project cost by
$5,500,000, for a total project cost of $1,650,000:
• Reduce square footage of the new restroom facility by 628 square feet.
• Eliminate safety netting.
• Eliminate patio and new score keepers station at Complex 2.
• Eliminate the replacement of new handrails at Complex 4.
• Delete electric powered overhead doors and replace with manually operated
doors.
• Change roofing system from standing seam metal roof to an R-panel metal
roof system.
and
WHEREAS, City Council is of the opinion that the bid submitted by Bruce's General
Construction, Beaumont, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Bruce*s General Construction, Beaumont, Texas,for a contract
to furnish all labor, materials, and equipment to renovate the Athletic Complex on Langham
Road in the amount of$2,200,000 be accepted by the City of Beaumont.
BE IT FURTHER RESOLVED that Change Order No. 1 in the amount of-$550,000
be approved to include the modifications above-listed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
4
January 13, 2009
Consider approving the purchase of patrol vehicles for use in the Police Department
RICH WITH OPPORTUNITY
B EA1
UMON*
T - E - x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of patrol vehicles.
RECOMMENDATION
The administration recommends approval of the purchase of twenty-two (22)patrol vehicles from
Philpott Motors of Nederland, Texas in the amount of$575,262.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of
$575,262 includes the H-GAC administrative fee of$600.
All twenty-two(22)patrol vehicles requested will replace units that are used in daily operations
by the Patrol Division. The vehicles to be replaced are on a scheduled replacement cycle in order
to keep serviceable vehicles available at all times. The replaced vehicles may be disposed of
according to the City's surplus property disposal policies or relocated to other divisions.
The new vehicles are 2009 Ford Crown Victorias with the police package. These vehicles will
include a Safe Stop vehicle anti-theft system. The Safe Stop system allows an officer to leave a
vehicle running while simultaneously disabling it from being moved by anyone but that officer.
Standard warranties of 36,000 miles or three(3)years are provided for each new vehicle. The
warranty service is provided by the local authorized dealership. Delivery is expected within ninety
(90)days.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of
twenty-two (22) patrol vehicles from Philpott Motors in the amount of$575,262 through the
Houston-Galveston Area Council(H-GAC)Cooperative Purchasing Program for use by the
Police Department.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
5
January 13, 2009
Consider approving the purchase of a Pierce pumper truck for use in the Fire Department
{
RICH WITH OPPORTUNITY
1
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of a Pierce pumper
truck for use by the Fire Department.
RECOMMENDATION
The administration recommends approval of the purchase from Martin Apparatus, Inc. of
Houston, Texas in the amount of$494,849.
BACKGROUND
Pricing for this fire truck is obtained through the Houston-Galveston Area Council. H-GAC is a
cooperative purchasing association providing cities and political subdivisions with the means to
purchase specialized equipment at volume pricing. H-GAC complies with the State of Texas
procurement statutes. The purchase price of$494,849 includes the H-GAC administrative fee of
$2,000.
The truck specified includes a 1,500 gallon per minute pump for pumping water and foam, a 750
gallon water tank, a fifty(50)gallon foam tank, and an injected foam system. The Pierce pumper
truck is equipped with an Allison transmission and Detroit Diesel engine. This truck will replace
unit 7094, a 1993 KME pumper, and will be placed into service at Fire Station No. l 1., located at
2815 Sabine Pass. Unit 7094 will be placed in the reserve fleet.
Delivery time for the new truck will be approximately eight(8)to nine(9) months. The various
components are warrantied for specified time periods which are as follows:
• Detroit Diesel engine& Allison transmission 5 years or 100,000 miles
• Pierce water tank Lifetime
• Pierce cab and body corrosion 10 years or 100,000 miles
Purchase of Fire Truck
January 13, 2009
Page 2
Stewart and Stevenson, Inc. of Houston is the authorized distributor that will provide warranty
service for the Detroit Diesel engine and Allison transmission. Warranty service for the Pierce
water tank, cab, and body will be provided by Martin Apparatus, Inc. of Houston.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of a
Pierce pumper truck from Martin Apparatus, Inc., of Houston, Texas, in the amount of
$494,849 through the Houston-Galveston Area Council (H-GAC) Cooperative Purchasing
Program for use by the Fire Department.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
6
January 13, 2009
Consider approving the purchase of fleet vehicles for use in various departments
RICH WITH OPPORTUNITY
BEAUMON*
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of fleet vehicles.
RECOMMENDATION
The administration recommends approval of the purchase of vehicles from Caldwell Country
Chevrolet of Caldwell, Texas in the amount of$126,593.
BACKGROUND
Pricing for this purchase is obtained through the Houston-Galveston Area Council (H-GAC)
Cooperative Purchasing Program. H-GAC is a cooperative purchasing association providing
cities and political subdivisions with the means to purchase specialized equipment at volume
pricing. H-GAC complies with the State of Texas procurement statutes. The purchase price of
$126,593 includes the H-GAC administrative fee of$600.
Four(4)vehicles, budgeted in Fiscal Year 2009, are available through H-GAC as follows:
g. ,
Police Traffic Chevrolet Tahoe 1 $29,620
Public Health EMS Chevrolet Tahoe 1 $29,620
Fire Suppression Chevrolet Suburban 1 $33,735
Water Utilities Reclamation Chevrolet Suburban 1 $33,018
H-GAC Fee 1 $600
TOTAL: $126,593
Purchase of Fleet Vehicles
January 13, 2009
Page 2
Replacement vehicles and additions to the fleet are requested through the City's budget process.
The Fleet Superintendent reviews the requests and evaluates the vehicles to be replaced. Based
on this evaluation, a recommendation is made to replace worn and obsolete vehicles that are no
longer cost effective to operate. All four(4)vehicles to be purchased are replacing models
ranging from 1997 to 2001. The age and mileage of the older sport utility vehicles render them
unfit for continued services. The vehicles will be disposed of according to the City's surplus
property disposal policies.
Warranties of 36,000 miles or three (3)years are provided for each new vehicle. The warranty
service is provided by local authorized dealerships.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to approve the purchase of fleet
vehicles from Caldwell Country Chevrolet of Caldwell, Texas, through the Houston-
Galveston Area Council (H-GAC) Cooperative Purchasing Program in the amount of
$126,593 as shown below:
Dept. Division Description Qty. Total Price
Police Traffic Chevrolet Tahoe 1 $29,620
Public Health EMS Chevrolet Tahoe 1 $29,620
Fire Suppression Chevrolet Suburban 1 $33,735
Water Utilities Reclamation Chevrolet Suburban 1 $33,018
H-GAC Fee 1 $600
TOTAL: $126,593
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
7
January 13, 2009
Consider approving a resolution authorizing the City Manager to execute an interlocal purchase
agreement for the purchase of traffic signal equipment
RICH WITH OPPORTUNITY
17C A. �
T • E • X • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
_f LID
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving a resolution authorizing the
City Manager to execute an inter-local purchase agreement
with the City of Temple for the purchase of traffic signal
equipment with Naztec, Inc.
RECOMMENDATION
Administration recommends approval of an inter-local purchase agreement with the City of
Temple for the purchase of traffic signal equipment at the unit prices shown on the attached.
BACKGROUND
Currently, radar and/or microwave vehicle detection is specified in several ongoing roadway
improvement projects throughout the City. Radar and microwave detection is not applicable for
applications requiring presence or static vehicle detection and will result in inefficient traffic
signal operation. This inter-local agreement will allow staff to quickly purchase vehicle
detection equipment capable of presence detection equipment and will be integrated into on-
going roadway improvement projects. The vehicle detection equipment will be purchased as an
alternative to bid items on various citywide roadway improvement projects.
BUDGETARY IMPACT
Funds for the purchase of this equipment are included in the Capital Improvement Program.
11/07/2008 11:10 2812407238
NAZTEC INC PAGE 02115
NAZTEC, INCORPORATED
820 Park Two Dr.
P.O.Box 765
Sugar Land,Texas 7747$-0765
Pb: (281)240-7233
Fax: (281)240-7238
FAX QUOTATION
QUOTE# 0810-LS007A
To: City of Beaumont
Attu: Jacob Benfield
From: Lance Shannon
Job: Video Detection Equipment
Date: 7-Nov-08
$/Each $/Total
Item Qty $129.00 $129.00
1 1 Monitor,9" Black and White
Na7,tec Part#9003-0206
2 4 Color Camera,w/Housing,Jbox,Mount $1,041.00 $4,164.00
Naztec)Part#50199-2000
3 1 zoom /Focus Controller for Camera
$75.00 $75100
Naztec Fart#50195-2000
4 1 4 Camera Panel,Isolated,w/RE300-15 S348.00 $348.00
Naztec Part 0 50023-20564
'
5 1000 Camera Co-.Ax,w/5 conductor $1.00 $1,000.00
Naztec Part#6040-0100
NO'IF,. ,Available in 1000 ft increments only
6 1 BNC (M)to RGA(F)Connector
$2.00 $2.00
Naztec Par,t#2.1.33-7368
7 1 RCA to RCA.Cable(out to Monitor) $5.00 $5.00
Naztec Part# 10813-2000
g 4 CoAx Patch Cable-5 ft.
$25.00 $100.00
Naztec Part# 10804-2000
9 8 RG 59 Male Connector for Field Wire $1.75
$14.00
Naztec Part#2133-7108
Total $5,837.00
NET 30 DAYS
FOB DESTINATION/FREIGH.T INCLUDED
Thank you for the opportunity to submit a price quotation.
RESOLUTION NO. 2008-55g5-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY
OF BEAUMONT AND ANY OTHER INTERESTED PUBLIC AGENCIES TO
ALLOW THEM TO UTILIZE THE CITY'S TRAFFIC SIGNAL EQUIPMENT
AND SUPPLIES PURCHASE AGREEMENT WITH NAZTEC, INC.; AND
PROVIDING AN OPEN MEETINGS CLAUSE.
Whereas, on September 18, 2008, the City Council authorized an annual purchase
agreement with Naztec, Inc., for traffic signal equipment and supplies, and the City of Beaumont
has requested approval to utilize the agreement;
Whereas, the use of the interlocal agreement for these purchases facilitates a cooperative
attitude among the municipalities and allows the City of Temple to help other entities and also to
receive the benefit of such reciprocities when available;
Whereas, the City of Beaumont and any other interested public agencies will be responsible
for the ordering and payment of their traffic signal equipment and supplies; and
Whereas, the City Council has considered the matter and deems it in the public interest to
authorize this action.
Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TEMPLE,
TEXAS, THAT:
Part 1: The City Council authorizes the City Manager, or his designee, to execute an
interlocal agreement between the City of Temple, Texas, and the City of Beaumont and any other
interested public agencies, after approval as to form by the City Attorney, to allow them to utilize
the City of Temple's traffic signal equipment and supplies purchase agreement with Naztec, Inc.
Part 2: It is hereby officially found and determined that the meeting at which this Resolution
is passed was open to the public as required and that public notice of the time, place, and purpose
of said meeting was given as required by the Open Meetings Act.
PASSED AND APPROVED this the 4" day of December, 2008.
THE CITY OF TEMPLE, TEXAS
WILLIA ES, III, Mayor
Temple
ATTEST: APPROVED AS TO FORM:
�,hAM, 4��J�
Clyd to Entzm' er J than Graham
City Secretary City Attorney
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an interlocal purchasing
agreement, substantially in the form attached hereto as Exhibit"A,"with the City of Temple,
Texas, which would allow participation in a contract with Naztec, Inc., for the purchase of
traffic signal equipment.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
INTERLOCAL AGREEMENT
This agreement made and entered into this 4th day of December, 2008, by and between the
CITY OF TEMPLE, TEXAS, (hereinafter called "TEMPLE") and the CITY OF BEAUMONT,
TEXAS (hereinafter called "BEAUMONT") each acting by and through its duly authorized
officials:
WHEREAS, TEMPLE is a governmental entity engaged in the purchase of goods and services,
which is a recognized governmental function;
WHEREAS, TEMPLE and BEAUMONT wish to enter into an Interlocal Agreement pursuant to
Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set
forth the terms and conditions upon which TEMPLE and BEAUMONT may purchase various
goods and services commonly utilized by each entity;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of
TEMPLE and BEAUMONT through the anticipated savings to be realized and is of mutual
concern to the contracting parties;
WHEREAS, TEMPLE and BEAUMONT have current funds available to satisfy any fees owed
pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and
obligations as set forth herein; TEMPLE and BEAUMONT agree as follows:
1. TEMPLE and BEAUMONT will cooperate to provide a program for the purchase of
various goods and services commonly utilized by all participants, where available and
applicable, ("Cooperative Purchasing Program") and under such program may purchase goods
and services from vendors under present and future contracts;
2. TEMPLE and BEAUMONT will enter into individual contracts with vendors under the
Cooperative Purchasing Program provided for under this Agreement. TEMPLE and
BEAUMONT shall each be individually responsible for payments directly to the vendor and for
the vendor's compliance with all conditions of delivery and quality of purchased items under
such individual contracts. TEMPLE and BEAUMONT shall each make their respective
payments from current revenues available to the paying party;
3. The Agreement shall in full force and effect until terminated by either party with at least
thirty (30) days written notice prior to termination of the agreement;
4. Notwithstanding anything herein to the contrary, participation in this Agreement may be
terminated by any party upon thirty (30) days written notice to the other participating entities set
forth below the signatures hereto;
5. The undersigned officer and/or agents of the parties hereto are duly authorized officials
and possess the requisite authority to execute this Agreement on behalf of the parties hereto;
6. This Agreement may be executed separately by the participating entities, each of
which shall be deemed an original and all of which together shall constitute one and the same
instrument.
1
EXHIBIT"A"
,
EXECUTED hereto on the day and year first above written.
CITY OF TEMPLE, TEXAS CITY OF BEAUMONT, TEXAS
David A. Blackburn, City Manager
ATTEST: ATTEST:
Clydette Entzminger, City Secretary
APPROVED AS TO FORM:
City Attorney's Office
STATE OF TEXAS §
COUNTY OF BELL §
This instrument was acknowledged before me on the day of ,
2008, by David A. Blackburn, City Manager of the City of Temple, Texas.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the day of 2008, by
the of the City of Beaumont, Texas.
Notary Public, State of Texas
2
8
January 13, 2009
Consider approving an energy savings performance contract
RICH WITH OPPORTUNITY
1
T • E • X • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider authorizing the award of an energy savings
performance contract.
RECOMMENDATION
The Administration recommends the award of a performance contract to Johnson Controls of
Houston, TX.
BACKGROUND
An energy performance contract will provide information on the implementation of energy savings
measures at various locations in the City. The Contractor would assess the City's buildings for
energy savings measures in areas such as heating, air conditioning and lighting. After this
assessment, a detailed report will be provided to the City listing the suggested areas of
improvement and the potential cost as well as savings associated with the improvements.
Requests for quote were solicited for an energy savings performance contract. Respondents were
requested to provide qualifications as to the experience of the company and of the individuals that
would be assigned to the project in addition to providing examples of that experience. A panel of
City representatives reviewed the qualifications of each response. Johnson Control received the
highest rating. Ratings are as follows:
Energy Savings Performance Contract
January 13, 2009
Page 2
Vendor Average score out of possible 65 points
Johnson Controls 56.50
Houston, TX
Chevron Energy Solutions 52.50
Irving, TX
Burns and McDonnell 44.75
Kansas City, MO
Bes-Tech 44.50
Dallas, TX
BUDGETARY IMPACT
There is no fee for the initial assessment of energy savings measures.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of an energy savings performance
contract to Johnson Controls of Houston, Texas, for an assessment of energy savings
measures for various City buildings.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
9
January 13, 2009
Consider approving a contract for reconstruction of a home damaged by Hurricane Rita
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • x • A • S City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for
reconstruction of a home damaged by Hurricane Rita.
RECOMMENDATION
Administration recommends the award of a contract to J.W. Turner Construction of Tomball,
Texas for $86,900 for the reconstruction of 2426 Emile.
BACKGROUND
The Housing Division of the Community Development Department identifies single family homes
that are eligible for federal grant funding allocated to the Texas Department of Housing and
Community Affairs(TDHCA)Disaster Program from the U. S. Department of Housing and
Urban Development to remediate the unmet housing needs of Beaumont residents resulting from
Hurricane Rita. These homes are identified through either a pre-application process or by a
review of Federal Emergency Management Agency, City, and/or County information concerning
the damage caused by the hurricane. The TDHCA Hurricane Rita Disaster Recovery Program
requires that these housing units meet minimum property standards and local health and safety
codes at project completion. The type of activity being completed determines the minimum
construction standards that must be met.
Bids were solicited from three (3) construction contractors for the reconstruction of one(1)
owner-occupied housing unit at 2426 Emile, with only J.W. Turner Construction responding.
The reconstruction will be managed by George E. Johnson Development, Inc. of Houston and the
City's Housing Division.
BUDGETARY IMPACT
Funding will be provided by a federal grant from the U. S. Department of Housing and Urban
Development allocated to the Texas Department of Housing and Community Affairs Disaster
Recovery Program which requires no matching funds from the City.
RESOLUTION NO.
WHEREAS, bids were solicited for a contract for the reconstruction and
rehabilitation of one (1) owner-occupied housing unit damaged by Hurricane Rita located
at 2426 Emile pursuant to the Texas Department of Housing and Community Affairs
(TDHCA) Disaster Program; and,
WHEREAS, J. W. Turner Construction of Tomball, Texas, submitted a bid in the
amount of$86,900; and,
WHEREAS, City Council is of the opinion that the bid submitted by J. W. Turner
Construction of Tomball, Texas, in the amount of $86,900 for reconstruction and
rehabilitation of one (1) owner-occupied housing unit located at 2426 Emile should be
accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by J. W. Turner Construction of Tomball, Texas, in the amount of
$86,900 for reconstruction and rehabilitation of one (1) owner-occupied housing unit
located at 2426 Emile be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
10
January 13, 2009
Consider approving the purchase of excess workers' compensation insurance
i
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of excess workers'
compensation insurance.
RECOMMENDATION
The Administration recommends the approval of the purchase from McGriff, Seibels and Williams
of Dallas in the estimated annual amount of$81,500.
BACKGROUND
The City is self-insured for its workers' compensation program. The excess insurance coverage
limits the City's liability for claims from any one job-related accident or injury. The City's liability
is called Self Insured Retention(SIR), which means the insurance carrier will cover all costs
incurred on any individual claim of more than $500,000 up to any amount authorized by statute.
Our current policy is with Star Insurance Company. The annual premium for the calendar year of
2008 was $82,600. Approximately 1,240 full-time employees and 300 part-time, temporary
and/or casual employees are covered by workers' compensation.
Request for proposals were sent to forty(40)vendors with four(4) responses. The proposal
selected by the panel was from McGriff Seibels and Williams representing Star Insurance
Company which has a Best Rating of A-VII. All specifications were met. The results of the
proposals are attached for review.
This policy is for one (1)year, with an option to renew for two (2) additional one (1)year periods
at the same guaranteed rate. Based on the 2009 projected payroll of$66,047,175, the annual
premium for the first year is $81,500. The estimated annual premium for the following two years
will be based on a rate of.00121634 per$100 of payroll. Star Insurance Company will provide a
preferable level of coverage with statutory limits.
BUDGETARY IMPACT
Funds are budgeted in the Employee Benefits Fund.
WORKERS' COMPENSATION EXCESS INSURANCE
PROPOSAL ANALYSIS
Vendors Submitting Proposals Met Specs Best Specific W.C.Limit Rate per Estimated
Rating Excess $100 payroll Annual
Retention Premium® Comments
Star Insurance Company Yes A VII No Payroll Audit (Flat
Premium). Option to renew
(Mc Grifl',Seibels&Williams of for two additional years at the
Texas) same guaranteed rate of
$500,000 $10,000,000 Not offered $0 .00121634 per $100.00 of
payroll.
New York Marine and General Yes A $500,000 Statutory .0592 $162,486 Annual audit of payroll. One
Insurance Company year policy, no option to renew
(Holmes Murphy)
$1,000,000 Statutory .0377 $103,550 at the same rate.
Midwest Employers Causality Yes A+14 $500,000 $10,000,000 NA $100,070 Annual audit of payroll. One
$750,000 year policy, no option to renew
(Talon Insurance Company) Police and at the same rate. $750,000
Fire retention for Firefighters and
Police Officers.
$500,000 Statutory NA $112,226
$750,000
Police and
Fire
Safety National Casualty Corp. Yes A+IX $500,000 $10,000,000 Not Offered $0 Annual audit of payroll. One
year policy, no option to renew
(Arthur J.Gallagher Management $500,000 Statutory 5.65 $157,219 at the same rate.
en ices
1) Based on estimated annual payroll of$66,004,175
WCEXSUMMARY08.wpd
RESOLUTION NO.
WHEREAS, bids were received for a policy for excess workers' compensation
insurance; and,
WHEREAS, McGriff, Seibels and Williams of Dallas, Texas, representing Star
Insurance Company, submitted a bid as follows:
$81,500 Annual flat rate based on the 2009 projected payroll of
$66,047,175 for the first year
$.00121634 Per $100 of payroll for the optional two (2) additional one (1)
year periods
and,
WHEREAS, City Council is of the opinion that the bid submitted by McGriff, Seibels
and Williams of Dallas, Texas, representing Star Insurance Company, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by McGriff, Seibels and Williams, representing Star Insurance
Company, for a policy for excess workers' compensation insurance in the amount shown
above be accepted by the City of Beaumont. The policy is effective January 1, 2009, for
one year with an option to renew two (2) additional one (1) year periods at the same
guaranteed rate.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
11
January 13, 2009
Consider approving the purchase of an automated valve operator for use by the Water Utilities
Department
RICH WITH OPPORTUNITY
BEA,UMON*
T • E • x • A • s City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider approving the purchase of an automated
valve operator for use by the Water Utilities department.
RECOMMENDATION
The Administration recommends the approval of the purchase from E.H. Wachs Company of
Lincolnshire, Illinois in the amount of$63,394.01.
BACKGROUND
Pricing for the automated valve operator machine was obtained through the Buy Board
cooperative purchasing program. Buy Board is cooperative purchasing association which
provides cities and political subdivisions with the means to purchase specialized equipment at
volume pricing. Buy Board complies with the State of Texas procurement statutes.
The Water Utilities Department has installed approximately eight-thousand (8000)water valves in
many locations in the City to facilitate minimal disruption if the water service should require
repairs. The automated valve testing machine will be used to clean and work all water valves.
This machine is mounted on a trailer and is equipped with a hydraulic arm, vacuum system, global
positioning device and software. The vacuum system of the machine will allow a single operator
to clean water and debris from the area around the valve. The software will allow the hydraulic
arm to work the valve by opening and closing while minimizing damage. The software also
interacts with the global positioning device to track the time and date that the valve was last
tested and provides a report so the valves can be tested on a regular basis. The Water Utilities
Department does not currently have this type of equipment.
Basic warranty is one(1)year. Warranty work will be provided on site by a technician from E.H.
Wachs Company.
BUDGETARY IMPACT
Funds are budgeted in the Water Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve the purchase of an
automated valve operator from E. H. Wachs Company of Lincolnshire, Illinois, in the
amount of$63,394.01 through Buy Board, a cooperative purchasing program, for use by
the Water Utilities Department.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -
12
January 13, 2009
Consider approving a contract for collection agency services
RICH WITH OPPORTUNITY
BEAUMON*
T • E `• X - A • s Ci Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Laura Clark, Chief Financial Officer
MEETING DATE: January 13, 2009
REQUESTED ACTION: Council consider authorizing the award of a contract for
collection agency services.
RECOMMENDATION
The administration recommends the award of an annual contract to Municipal Services Bureau of
Austin, Texas.
BACKGROUND
The Cash Management Division bills and collects fees for demolition, litter and weed abatements,
landfill usage, water utilities, building code permits, damages to City property, and emergency
medical services(EMS). Customers are billed at the time of service with subsequent statements
sent at 30, 60 and 90 day intervals. Upon exhaustion of the City's collection efforts, accounts in
excess of 120 days past due are considered delinquent and forwarded to a collection agency.
During the fiscal year ended September 30, 2008, the City accrued $2,808,219 in delinquent
accounts.
Bidders were requested to submit separate commission rates for miscellaneous accounts and EMS
accounts. Specifications stated that the proposal would be considered separately and collectively
to determine which bidder represents the best value to the City. Criteria used in the evaluation are
as follows:
(1) Scope of Service(40%) -Range of services provided, samples of reports, and
exceptions/deviation to specifications.
(2) Demonstrated Experience(30%) - Service quality and
performance/references/years in business.
(3) Cost of service/cost effectiveness(30%)-Detail pricing for all services provided.
I
Contract for Collection Agency Services
January 13, 2009
Page 2
Twenty-two (22) companies were notified and proposals were received from the following twelve
(12) companies:
Commission Commission
Miscellaneous EMS
Company Location Accounts Accounts
Merchants Credit Adjusters Inc. Omaha,NE 25% 25%
Management Koncepts, Inc. San Antonio,TX 19% 16%
Vital Recovery Services,Inc. Norcross,GA 28% 28%
American Municipal Services Carrollton, TX 17% 17%
Penn Credit Corp. Harrisburg, PA 20% 18%
National Credit Systems,Inc. New York,NY 33% 33%
Diversified Adjustment Service, Inc. Coon Rapids,MN 17.9% 17.9%
CCA Norwell,MA 20% 20%
Municipal Services Bureau Austin,TX 19.5% 19.5%
National Recovery Agency Harrisburg, PA 15% 15%
Credit Systems International Ft.Worth,TX 19.9% 19.9%
Professional Recover-Consultants Durham.NC 20% 20%
An evaluation was performed by the Controller and the Cash and Accounts Receivable Manager.
Municipal Services Bureau ranked the highest as it offers the City the most advantageous
combination of services, experience, and cost. Because of the specialized nature of EMS
collections and municipal services collections, strong experience in these areas are critical to
successful collections. Municipal Services Bureau provided a very detailed explanation of their
collection process and listed innovative procedures to maximize collections.
Municipal Services Bureau has seventeen(17)years of experience and offers a full range of
automated services for both EMS and miscellaneous services collections. The previous contract
holder does not accept credit card payments and staff believes that collections could increase with
a company that can take payments in a variety of ways.
BUDGETARY IMPACT
Payment is strictly on a commission contingent basis and there is no cost to the City until funds
have been collected. The previous contract included a 21% commission rate.
RESOLUTION NO.
WHEREAS, bids were received for an annual contract to provide collection agency
services for the Cash Management Division which bills and collects fees for demolition,
litter and weed abatements, landfill usage, water utilities, building code permits, damages
to City property and emergency medical services (EMS); and,
WHEREAS, Municipal Services Bureau of Austin, Texas, submitted a bid of 19.5%
commission for both miscellaneous and EMS accounts; and,
WHEREAS, City Council is of the opinion that the bid submitted by Municipal
Services Bureau of Austin, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Municipal Services Bureau of Austin, Texas, for an annual
contract to provide collection agency services for the Cash Management Division at 19.5%
commission for both miscellaneous and EMS accounts be accepted by the City of
Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
January, 2009.
- Mayor Becky Ames -