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03/14/2023 PACKET
2 TEXAS MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS — CITY HALL -- 801 MAIN STREET TUESDAY, MARCH 14, 2023 1:30 PM AGENDA CALL TO ORDER • Invocation Pledge Roll Call • Proclamations, Presentations and Recognitions - Texans Helping Texans Recovery Fund Presentation • Public Comment — Persons may speak on the Consent Agenda and Items 1 — 4 • Consent Agenda CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered noncontroversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) A. Approval of the March 7, 2023 City Council Meeting Minutes B. Approval of an annual contract for the purchase of aqua ammonia for use by the Water Utilities Department. C. Approval of a contract for the rental of vehicles to be utilized by the Police Department. D. Denial of CenterPoint Energy Resources Corporation proposed rates. E. Denial of Texas Gas Service Company proposed rates. F. Approval of the settlement of the claim of Henry Moore. REGULAR AGENDA 1. Consider approving amendments to the Food and Food Establishments Ordinance concerning signage, Sections Chapter 10, Section 10.02, 10.02.001, 10,02.002, 10.02.003, 10.02.004, 10.02.005, 10.02.006, 10.02,007, 10,02.008, 10.02.131, 10.02A 32, 10.02A 34, 10.02,135, 10,02,136, 10.02.138, and adding Subsections 10.02.009 and 10.02.010. 2. Consider amending Chapter 22 of the Code of Ordinances Sections 22.02.001 and 22.02.002. 3. Consider authorizing the City Manager to apply for the Energy Efficiency and Conservation Block Grant through the State and Community Energy Program. 4. Consider amending Resolution 23-066 in support of Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, to reflect 61 units total. PUBLIC HEARING a Receive comments on the amended Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. A WWAR TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Tina Broussard, TRMC, City Clerk MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider approval of the March 7, 2023 City Council Meeting Minutes. �'4 yli`:`� - T E X A S MINUTES OF THE CITY OF BEAUMONT COUNCIL MEETING Albert "A.J." Turner Jr., At -Large ROBIN MOUTON, MAYOR Randy F'eldschau, At -Large Taylor Neild, Ward I CITY COUNCIL MEETING Michael Getz, Ward It Audwin Samuel, Ward Ili MARCH 7, 2023 Chris Durio, Mayor Pro Tem Tina Broussard, City Clerk Kenneth R. Williams, City Manager Sharae Reed, City Attorney The City Council of the City of Beaumont, Texas, met in a regular session in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 on March 7, 2023, at the City Hall Council Chambers, 801 Main Street, Beaumont, Texas, at 1:30 p.m. to consider the following: OPENING Invocation Pledge of Allegiance Roll Call Proclamations, Presentation and Recognition * Public Comment: Persons may speak on the Consent Agenda and Agenda items 1-11 Mayor Mouton called the council meeting to order at 1:30 p.m. Pastor Beth Graham with First Christian Church gave the invocation. Mayor Mouton led the Pledge of Allegiance. Roll call was made by Tina Broussard, City Clerk. Present at the meeting were Mayor Mouton, Councilmembers Getz, Turner, Feldschau, Samuel and Neild. Absent: Mayor Pro Tern Durio. Also, present were Kenneth Williams, City Manager; Sharae Reed, City Attorney; Tina Broussard, City Clerk. Proclamations, Presentation, Recognitions "Pioneering Women" -- Proclamation read by Mayor Mouton; accepted by Georgine Guillory, Founder Mayor Mouton read the announcement regarding Executive Session being held at the conclusion of Public and Councilmember Comments. Public Comment: Persons may speak on the Consent Agenda and Agenda Items 1-11 James Eller 3585 E. Lucas Dr. Beaumont TX Spoke regarding Item B on the consent agenda; confirmation of board and commission member appointments; and item #10 on the agenda; unsafe structures CONSENT AGENDA (Items placed on the Consent Agenda are considered routine in nature and are considered non -controversial. The Consent Agenda can be acted upon in one motion. A consensus of the Council is required to remove any item for discussion and separate action.) Minutes — March 7, 2023 A. Approval of the February 21, 2023, City Council Meeting Minutes B. Confirmation of board and commission member appointments - Resolution 23-067 Spencer Jabbia would fill the unexpired term of Taher Quraishi on the Planning and Zoning Commission. The term would commence March 7, 2023, and expire September 30, 2023. (Councilmember Taylor Neild) C. Authorize the City Manager or his designee to reenter into a Cooperative Working Agreement with the Rape and Suicide Crisis Center of Southeast Texas, Inc. - Resolution 23-068 D. Authorize the City Manager to execute an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) - Resolution 23-069 E. Authorize the City Manager to execute a ground lease agreement with Ben Broussard for property located at the Beaumont Municipal Airport - Resolution 23-070 F. Authorize the City Manager to authorize final payment to LID Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Preservation Citywide Phase I Project - Resolution 23-071 G. Authorize the City Manager to authorize final payment to LID Construction and award the remaining contract amount to Gulf Coast, a CRH Company, for the Street Rehabilitation Citywide Phase IV Project Resolution 23-072 H. Adopt an Electronic Signature Policy - Resolution 23-073 Councilmember Neild moved to approve the Consent Agenda. Councilmember Samuel seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED AGENDA 1. Consider authorizing the City Manager to execute the earnest money contract and all related documents for the sale of a 0.8439-acre city -owned property located at 125 Magnolia, On January 10, 2023, the City Council passed Resolution No. 23-020 authorizing the City Manager to negotiate the sale or lease of the property located at 125 Magnolia. Tideland Specialty, Ltd, submitted an offer of $300,000 for the sale of 125 Magnolia and would pay all closing costs. After reviewing the offer, it is in the best interest of the City of Beaumont to retain the parking lot for the Lakeside Center, Tideland Specialty Ltd has agreed to modify its offer to allow the city to retain the parking lot. Minutes — March 7, 2023 Tideland Specialty Ltd will deposit $50,000 as earnest money to Sutton Land of Texas, LLC with a closing date within 7-10 days. Administration is in favor of the City accepting the Earnest Money Contract in the amount of $50,000 with a cash offer of $175,000.00. In addition, Tideland Specialty, Ltd wants to grow downtown Beaumont and be a part of the growth and revitalization as well and have agreed to exchange property with the City in the next few months to allow the City to grow the area near the Event Centre and the Lakeside Center. Approval of resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO EXECUTE AN EARNEST MONEY CONTRACT" WITH TIDELAND SPECIALTY, LTD., FOR THE SALE OF PROPERTY LOCATED AT 125 MAGNOLIA STREET. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-074 2. Consider approving a contract with Infrastructure Management Services (IMS) for pavement management and asset management solutions to be used by the Public Works Department. The Public Works Department plans and manages the maintenance and rehabilitation of six hundred and forty-four (644) miles of City Streets. Key functions for planning and management are the collection and organization of accurate data, analysis of roadway conditions, integration of GIS, and forecasting of maintenance based on anticipated budgets. Data collected will include pavement surface distress and structural condition information as well as asset identification for tracking. The data will help to identify and prioritize needs, predict future conditions, and assess costs and benefits. The City's goal is to develop an updated Pavement Condition Index for each respective pavement asset. Also, as a part of the services provided by IMS, they will collect data and develop a database for the City of Beaumont's sidewalk infrastructure. With Resolution 11-327, on November 22, 2011, the City Council awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. With Resolution 19- 067, on March 19, 2019, City Council again awarded a contract to IMS of Tempe, Arizona to provide pavement asset management services. The administration is asking to continue using IMS for pavement management as a best value to the city in the estimated amount of $184,825.00. Funds will come from the Capital Program and Street Rehabilitation Program. Approval of the resolution. Minutes — March 7, 2023 Councilmember Samuel moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE, AND HE IS HEREBY AUTHORIZED TO EXECUTE A CONTRACT WITH INFRASTRUCTURE MANAGEMENT SERVICES, LLC (IMS), OF TEMPE, ARIZONA, IN THE ESTIMATED AMOUNT OF $184,825.00 FOR STREET PAVEMENT MANAGEMENT SERVICES. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-075 3. Consider amending Ordinance No. 22-045 to remove condition number three (3) In August 2022, City Council approved a Specific Use Permit to allow a railroad spur for properties located on the northeast and west side of the 600 Block of Amarillo Street and the south side of the 2600 Block of Fannin Street subject to the following conditions: 1. Construct and eight (8) foot tall brick or masonry wall or berm along the east edge of the new railroad tracks adjacent to the existing residential properties 2. A ten (10) foot wide landscaped strip with trees along the west perimeter of the new railroad track outside of the required wall or berm where existing trees cannot be preserved 3. Contingent on approval by Planning Office, BNSF participate in the City's rail crossing enhancement program by permitting pedestrian crossing at BNSF's rail line at Riverfront Park 4. Add trees abutting the proposed wall adjacent to existing residential properties BNSF Railway Company requests to move forward with their project to install rail spurs. Amending Ordinance No. 22-045 to remove condition number three (3) is necessary to allow such. Approval of the amendment of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING TO REMOVE CONDITION NUMBER THREE (3) ON A SPECIFIC USE PERMIT TO ALLOW A RAILROAD SPUR IN AN RS (RESIDENTIAL SINGLE-FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED ON THE NORTHEAST AND WEST SIDES OF THE 600 BLOCK OF AMARILLO STREET AND THE SOUTH SIDE OF THE 2600 BLOCK OF FANNIN STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — March 7, 2023 MOTION PASSED Ordinance 23-015 4. Consider approving a request for a Specific Use Permit to allow a church in the LI (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway. Property owner, Ronnie Wallace, is requesting a Specific Use Permit to establish a church at 5750 S. Martin Luther King Jr. Parkway. This location was once used as a drinking place, formerly known as Bar 23, Mr. Wallace recently purchased the property and intends to begin a ministry. The building will be used for religious practices such as prayer services and outreach projects throughout the community. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a church in the Ll (Light Industrial) District located at 5750 S. Martin Luther King Jr. Parkway, with the following conditions: 1. Appropriate signs and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. Approval of the ordinance, with the following conditions: 1. Appropriate signs and pavement markings shall be installed to update the ADA parking space to current standards. 2. Construction plans must meet all requirements by Water Utilities for any water and sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program. Councilmember Feldschau moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH 1N AN LI (LIGHT INDUSTRIAL) DISTRICT AT 6750 s. MARTIN LUTHER KING JR., PARKWAY, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Turner seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-016 5. Consider approving a request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple -Family) District located at 545 Center Street. Minutes — March 7, 2023 Larissa Payton requests a Specific Use Permit to allow a contractor office with fabrication and outside storage at 545 Center Street. The intent of the business is to fabricate tiny homes and container homes on a trailer for easy deliveryto clients. They will have two (2) to three (3) homes On display on the southeast corner of the property. This building does not have running water; as such they propose to have a portable bathroom onsite for customers and employees. They will employ one to six (6) individuals to staff the business with operational hours being Monday to Friday 8 a.m. to 5 p.m. They intend to emit noise of no greater than 100 decibels due to the use of a table saw. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a contractor office with fabrication and outside storage in the GC -MD (General Commercial -Multiple - Family) District located at 545 Center Street, with the following conditions: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes. 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes. Approval of the ordinance, with the following conditions: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or FOG program as well as all applicable Building and Fire Codes. 2. All business operations shall be in compliance with Section 28.04.007 Performance standards. 3. All Building Code requirements shall be adhered to due to the change in occupancy, including water and sanitary sewer services. 4. Shall be in compliance with all applicable Fire Codes. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CONTRACTOR OFFICE IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 545 CENTER STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE Minutes — March 7, 2023 MOTION PASSED Ordinance 23-017 6. Consider approving a request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road. Lesley Reel, on behalf of Caliber Collision, is requesting a Specific Use Permit to allow a paint and body shop at 6255 Concord Road. Caliber Collision has facilities nationwide. Hours of operation would be Monday through Friday, 7:30 a.m. to 5:30 p.m. This business will be an automotive repair shop with operations such as glass and auto body repairs, painting, etc. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow a paint and body shop in the GC -MD (General Commercial -Multiple -Family) District located at 6255 Concord Road, with the following conditions: Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane. Approval of the ordinance, with the following conditions: 1. Constructions plans must meet all requirements of Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow and/or pre-treatment programs. 2. A net -zero increase in the runoff will be required to ensure the runoff from the proposed conditions matches the existing conditions for the 100-year storm event using Atlas 14 rainfall data, per Drainage District 6. 3. Construction plans shall be in compliance with Section 28.04.006 Landscaping and screening requirements. 4. Install a five (5) foot wide sidewalk along Concord Road and Judy Lane, Councilmember Neild moved to ADOPT ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A PAINT AND BODY SHOP IN A GC -MD (GENERAL COMMERCIAL - MULTIPLE FAMILY DWELLING) DISTRICT FOR PROPERTY LOCATED AT 6255 CONCORD ROAD, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Samuel seconded the motion. Minutes w March 7, 2023 AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-018 7. Consider approving a request to Rezone a portion of property from RS (Residential Single - Family Dwelling) to RM-M (Residential Multiple Family -Medium Density) or more restrictive district for property located at 6730 Concord Road, Deborah Tomov of Family Services of Southeast Texas is requesting a zone change to a 0.38 portion of property located east of 6730 Concord Road. Ms. Tomov would like to rezone the property from RS (Residential Single -Family Dwelling) to RM-M (Residential Multiple Family -- Medium Density). if granted, the property ownerwill use the 0.38 portion of land for a driveway to access a future multi -family development. According to our City's Comprehensive Plan the property is located within the "Parkdale Mall Regional Center". Regional Centers "mayinclude hospitals, branch libraries, governmental agencies, major office complexes, regional shopping centers, and higher density residential development." This request appears to align with our City's Comprehensive Plan of Beaumont. At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 6:0:1 to approve the request to rezone a property from RS (Residential Single - Family Dwelling) District to RM-M (Residential Multiple Family Dwelling -Medium Density) District for property located at 6730 Concord Road. Approval of the ordinance. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRCITS, AS INDICATED UPON THE ZONING MAP of BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO RMH (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT FOR PROPERTY LOCATED AT 6730 CONCORD ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. Councilmember Getz seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-019 Minutes — March 7, 2023 8. Consider approving a request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street, Aaron Ward, on behalf of Adrian Hopkins with Christ Mission Temple, requests a Specific Use Permit to expand the church located at 1685 Pennsylvania Street. The site has an existing structure being used as a church and they wish to add an activity building south of it. The church holds weekly services on Sunday, Monday, and Wednesday. According to the City's Comprehensive Plan, this property is located within the "Conservation and Revitalization" area. Such areas are, "built up areas where a significant portion of the area is experiencing influences such as incompatible land uses, dilapidated structures, a deteriorating or poor public infrastructure, and a decline in population and in the number of housing units and businesses. Immediate actions are needed to prevent continued deterioration and to reverse and repair those conditions." At a Joint Public Hearing held on February 20, 2023, the Planning Commission recommended 7:0 to approve the request for a Specific Use Permit to allow the expansion of a church in the RCR (Residential Conservation Revitalization) District located at 1685 Pennsylvania Street, with the following conditions: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all Fire and Building Codes requirements. Approval of the ordinance, with the following conditions: Construction plans must meet all requirements by Water Utilities for any water and sanitary sewer improvements, including any requirements of the City's backflow, pre- treatment, and/or F.O.G. program. 2. Construction plans must meet all Fire and Building Codes requirements. Councilmember Samuel moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT AT 1685 PENNSYLVANIA, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-020 Minutes — March 7, 2023 9. Consider approving a request: to extend the deadline to allow a Substance Abuse Treatment Facility at 4655 Collier Street, as approved in June of 2018. Land Manor, Inc. is requesting an extension for the Specific Use Permit issued in June of 2018, to allow a Substance Abuse Treatment. Facility on property located at 4655 Collier Street. The City of Beaumont Zoning Ordinances, Section 28.04.001(g) Specific Use Permits, states, "Extensions of time for good cause may be approved by the city council." In June of 2018, City Council approved ordinance number 18-030 for a Specific Use Permit to allow a Substance Abuse Treatment Facility with the following conditions. 1. Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFCICity Ordinances). 3. Operators must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17, The applicant is requesting additional time due to delays caused by the COVID-19 pandemic, lack of funding and staffing resources caused by a shift in priorities. The Administration recommends approval of the ordinance with a new deadline of March 7, 2024, with the following conditions: Thirty-two (32) off-street parking spaces will be required including two (2) ADA spaces, one being van accessible, ADA compliant access isle and ramps must also be installed. 2. Structure must be brought up to Fire code per occupancy (IFCICity Ordinances). 3. Operators must provide adequate security for this facility. 4. Facility will treat only male adolescents from ages 12-17. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW A SUBSTANCE ABUSE TREATMENT CENTER IN AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING -HIGHEST DENSITY) DISTRICT LOCATED AT 4655 COLLIER STREET, WITH THE CONDITIONS, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS; NONE MOTION PASSED Minutes — March 7, 2023 Ordinance 23-021 PUBLIC HEARING • Dangerous Structures Public Hearing Open: 2:09 p.m. Public comments were made by the following citizens who personally appeared and requested additional arrangements for their property. Karina Huerta 1625 St, Augustine Ave. Port Arthur TX Item #2 1580 Avenue G Mervin Douglas 4110 Congress Beaumont TX Item #20 1370 Lavaca James Callas 5375 Rosemary Dr. Beaumont TX Item #22 2485 Magnolia James Eller 3587 E. Lucas Dr. Beaumont TX Item #10 2332 Avalon Public Hearing Close: 3:08 p.m. 10. Consider an ordinance to declare 39 structures to be unsafe structures and orderthe owners to raze the said structures within 10 days. If the property owner fails to comply within 10 days, staff is requesting City Council authorization to demolish these structures without further notification to the property owner or City Council action. Additionally, if the property owner of a structure requests and is authorized by the City Council to enroll in a work program, all delinquent taxes shall be paid in full, or a payment plan shall be established prior to enrollment in the work program. Enrollment in the work program shall occur within 10 days after the effective date of this ordinance. These structures have been inspected by the Building Codes Department and found to be unsafe structures as defined by the City of Beaumont's Code of Ordinances, Chapter 24.04 unsafe substandard structures, Division 1, Sec. 14.04.001 of the 2015 International Property Maintenance Code. Additionally, these structures have deteriorated to a condition that they are no longer considered suitable for repair. Sources may include General Funds and Community Development Block Grant (CDBG) funding. Approval of the Ordinance. Councilmember Neild moved to ADOPT AN ORDINANCE ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES AND ORDERING THEIR DEMOLITION AS WELL AS TO ALLOW PROPERTY OWNERS OF ITEMS # 27 10, 20 AND 22 TO ENTER INTO A 150 DAY WORK PROGRAM ON Minutes — March 7, 2023 TIDE DANGEROUS STRUCTURE LIST, PROVIDING FOR SEVERABILITY AND PROVIDING FOR A PENALTY. Councilmember Feldschau seconded the motion. AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Ordinance 23-022 COMMENTS Public Comments (Persons are limited to three minutes) Charles Moore 1995 MGFaddin Ave, Beaumont TX Stated that he lives at the corner of 4th St., and McFaddin, his neighbors are the McFaddin Ward House, Broussard's Mortuary and a vacant lot, in October of last year an illegal tent was setup on the vacant lot, this situation has generated a lot of calls to the city and the police by himself and Broussard's Mortuary, the Code Enforcement Department and the Police Department say their hands are tied, the Health Department stated they won't get involved if it's three people or less, in November a city trash can appeared on the property overnight, Mr. Moore assumed that the trash can was stolen like numerous grocery store shopping carts that are on the property, On February 14, 2023, the trash can was moved to the curb for pickup service, due to their being no utilities he called the Sanitation Department who stated that yes it was illegal and the trash can would be picked up, one week passed and the can was still there, he called the Sanitation Department after visiting the office and bringing pictures of the trash can and was told that the supervisor stated that the city would continue to service the trash can, he left his name and number and asked that the supervisor return his call, he has never received a return phone call, has concerns about what is being put in the trash can, he has the pleasure of watching someone urinate on his neighbors fence as he looks out his kitchen window, on March 3, 2023, he learned that Mr. Jim Broussard called the Sanitation Department regarding this same issue, no matterwhatwas stated to the Sanitation Department their response was they are aware of the can, the Sanitation Department is abetting and enabling an illegal setup, asked if he could setup a tent in his yard and not pay his utilities James Callas 5375 Rosemary Ln. Beaumont TX Thanked Council and offered a blanket apology to Councilmember Samuel, stated that he's been doing a lot of things that the city has required him to do, Inspector Boykin with Code Enforcement came and visited lots 1 and 3 on Monday at 2:00 p.m., both lots are 100% clear, he has moved a 14 foot cargo trailer onto lot 2 to take care of that lot, wants to do one project at a time and would like to put houses on the three lots he has, he wants to put people in houses and move back to Beaumont, stated to the Mayor that he hopes her daughter is doing well Caleb Green 2508 Laurel Ave. Beaumont TX Minutes — March 7, 2023 Stated that he has had some very expensive water bills dating back to last year 2022, he's tried to get them resolved through Water Customer Service on several occasions, staff stated to him that the department that reviewed his bill of receipt from the leak and detection repair that he had done and had to pay for was denied, it was stated to him that it was denied because there's no supervisor at a unspecified department, asked for some guidance or assistance Councilmembers/City Manager/City Attorney comments on various matters COUNCILMEMBER COMMENTS COUNCILMEMBER NEILD - NONE COUNCILMEMBER SAMUEL - STATED THAT THERE WAS A LOT GOING ON IN BEAUMONT THIS WEEKEND, COMMENTED ON MURAL FEST AND HOW WELL IT WAS ATTENDED, AS WELL AS L.A. PRODUCTIONS THAT PUT ON THE CAR AND BIKE SHOW AT TYRELL PARK, IT WAS A HUGE SUCCESS AND WELL ATTENDED, THE SYMPHONY OF SOUTHEAST TEXAS HAD PEABO BRYSON PERFORM IT WAS A GREAT SUCCESS, COMMENDED DEAN CONWELL AND THE CVB STAFF FOR ALL THAT THEY DO COUNCILMEMBER FELDSCHAU - NONE COUNCILMEMBER TURNER - COMMENTED ON A CITIZEN THAT APPROACHED HIM AT A GAS STATION WHO WAS UPSET DUE TO A COMPLAINT THAT THE CITIZEN INFORMED HIM ABOUT IN 2021, THE COMPLAINT WAS SENT TO STAFF AND STAFF ASSURED HIM THAT THE COMPLAINT WAS TAKEN CARE OF, THE CITIZEN SHOWED HIM PICTURES WHERE THE COMPLAINT WAS NEVER TAKEN CARE OF, THANKED MR. WILLIAMS AND STAFF FOR TAKING CARE OF THE ISSUE AS SOON AS HE INFORMED THEM, STATED THAT HE NEEDS TO HOLD STAFF ACCOUNTABLE FOR DOING WHAT THEY SAY THEY ARE GOING TO DO, ALSO COMMENTED ON MURAL FEST, STATED THAT IT'S ONE OF THE BIGGEST EVENTS THAT THE CITY OF BEAUMONT DOES, IT SHOWS THAT THE CITY IS MOVING IN A NEW DIRECTION, GAVE A SHOUT OUT TO STACY LEWIS SR., ON HIS IVY LOVE BASKETBALL YOUTH LEAGUE WHICH ENDED ON THIS WEEKEND, THANKED HIM FOR WHAT HE DOES FOR THE KIDS IN THE COMMUNITY, STATED THAT BEAUMONT UNITED IS GOING TO STATE FOR THE THIRD TIME, WISHED THEM LUCK, ALSO COMMENTED ON THE FIRST STRATEGIC PLANNING SESSION AND VISION FOR THE CITY OF BEAUMONT, THANKED CITY MANAGER, KENNETH WILLIAMS AND STAFF FOR THE PLAN TO SEE WHERE THE CITY WILL BE HEADED IN THE FUTURE, THANKED JOHNNY COCO WHO IS AN ARTIST AND HAS OVER 20,000 FOLLOWERS VIA SOCIAL MEDIA, WANTED TO LET HIM KNOW THAT HE HAS GREAT RESPECT FOR THE CULTURE AND THE COMMUNITY, THE CITY OF BEAUMONT IS PROUD OF HIM AND ENCOURAGED HIM TO KEEP CULTIVATING THE CULTURE Minutes — March 7, 2023 MAYOR PRO TEM DURIO - ABSENT COUNCILMEMBER GETZ - COMPLIMENTED CITY STAFF AS WELL AS MIN DAI FOR THEIR ROLL IN BRINGING MURAL FEST DOWNTOWN, CONGRATULATED THE BEAUMONT COMMUNITY PLAYERS ON THE THEIR PRODUCTION OF SISTER ACT, IT'S A PLAY THEY ARE PUTTING ON AND HE HAD AN OPPORTUNITY TO PARTICIPATE IN THE PLAY, HE HAD A CAMEO ROLE AS THE POPE, IT WAS A LOT OF FUN, STATED THAT HE COULDN'T ATTEND THE SYMPHONY OF SOUTHEAST TEXAS ON SATURDAY NIGHT DUE TO HIS WIFE'S ILLNESS, UNDERSTANDS THAT ON VERY SHORT NOTICE THEY DID A GREAT JOB FINDING A REPLACEMENT ARTIST, SURE THE MAYOR HAS SOMETHING TO SAY ABOUT THAT HE WOULDN'T STEAL HER THUNDER CITY ATTORNEY REED - NONE ASSIST. CITY MANAGER BOONE - CONGRATULATED MIN DAI FOR PARTNERING WITH THE CVB, THERE WAS A LOT OF CITY SUPPORT FOR THE MURAL FEST, IT WAS A GREAT EVENT CITY MANAGER WILLIAMS - APOLOGIZED TO COUNCILMEMBER TURNER FOR HAVING TO GO THROUGH WHAT HE WENT THROUGH WITH THE CITIZEN AT THE GAS STATION, INFORMED COUNCIL THAT WHENEVER A CITIZEN COMES TO THE PODIUM TO SPEAK AND THEY HAVE SOMETHING THAT THE CITY SHOULD DO, THE INFORMATION IS GATHERED AND CITIZEN IS CONTACTED TO FOLLOW-UP, THIS IS AN EMPLOYEE POLICY, THE ISSUES ARE BEING ADDRESSED WITH CITIZENS THAT COME BEFORE THEM, THANKED COUNCIL FOR THEIR PATIENCE AND TIME REGARDING THE STRATEGIC PLAN, GO BEAUMONT UNITED MAYOR MOUTON - THANKED MR. WILLIAMS AND STAFF FOR THE STRATEGIC PLANNING WORKSHOP, STATED THAT SHE ATTENDED DANCING WITH THE STARS, MURAL FEST AND THE SYMPHONY OF SOUTH EAST TEXAS FEATURING PEABO BRYSON, STATED THAT SHE ALSO HAS A CAMEO SPOT IN SISTER ACT AS THE POPE ON SATURDAY, MARCH 11, 2023, VERY EXCITED ABOUT THAT, WISHED BEAUMONT UNITED GOOD LUCK ON THEIR TRIP TO SAN ANTONIO FOR THE SEMI FINAL STATE PLAYOFF, ANNOUNCED THAT THERE WILL BE A CHARTERED BUS, IF ANYONE IS INTERESTED, KATE GILBERT WILL BE AT BEAUMONT UNITED'S MAIN GYM ON TODAY (MARCH 7, 2023), FROM 6:00 P.M., TO 8:00 P.M., TO SIGN UP, THE BUS WILL BE LEAVING FOR SAN ANTONIO ON FRIDAY, MARCH 10, 2021, LEAVING AT 1:00 P.M., THE BUS FARE IS A $100.00, THAT DOESN'T INCLUDE THE TICKET FOR THE GAME, IF BEAUMONT UNITED WINS ON FRIDAY THE CHARTERED BUS WILL LEAVE ON SATURDAY, MARCH 11, 2023, AT 2:00 P.M., AGAIN IF ANYONE IS INTEREST PLEASE VISIT THE GYM TO SIGN UP Minutes — March 7, 2023 The Council recessed into Executive Session at 3:33 p.m. EXECUTIVE SESSION • Consider matters related to the deliberation of the purchase, exchange, lease or value of real property in accordance with Section 551.072 of the Government Code, to wit: Specifically, land owned by the City of Beaumont at 701-555 Main, Beaumont, Jefferson County, Texas The Council reconvened out of Executive Session at 4:45 p.m. REGULAR AGENDA 11. Consider rejecting a proposal for the lease or purchase and redevelopment of the property located at 555 Main Street. The building and property located at 555 Main Street in downtown Beaumont was purchased by the City on July 21, 2021, in the amount of $2,785,000 with the intent of developing the Downtown RiverFront area, Staff were requested by the Council to solicit proposals for the lease or purchase of the building and property for redevelopment. Nine developers were notified, and the project was advertised in various outlets. One proposal was submitted by SELEME LLC of Plano, Texas to develop apartments, a restaurant, bar, and fitness center. Staff recommends rejection of the proposal based on the following reasons: The proposed purchase price of $827,000 is less than half of the City's purchase price of the property. 1. Proposers did not meet the main requirements of the Request for Proposal which included providing a Level of Investment, a detailed budget, a construction budget, and proof of financial viability and capacity. 2. Proposers financing for the project is partially contingent upon unnamed and unsecured public grants and other City -related participation. 3. Proposers' four-year timeline to complete the project did not meet the City's required maximum timeframe of three years. Approval of the resolution. Councilmember Neild moved to APPROVE A RESOLUTION THAT THE CITY MANAGER BE AND HE IS HEREBY AUTHORIZED TO REJECT THE PROPOSAL FOR THE LEASE OR PURCHASE AND REDEVELOPMENT OF THE PROPERTY LOCATED AT 555 MAIN STREET. Councilmember l=eldschau seconded the motion. Minutes — March 7, 2023 AYES: MAYOR MOUTON, COUNCILMEMBERS GETZ, TURNER, FELDSCHAU, SAMUEL AND NEILD NAYS: NONE MOTION PASSED Resolution 23-076 Open session of meeting recessed at 4:47 p.m. EXECUTIVE SESSION Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Toe Frazier v.City of Beaumont Cause No, E--206919 Robin Mouton, Mayor Tina Broussard, City Clerk Minutes — March 7, 2023 1�3 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider a resolution approving an annual contract for the purchase of aqua ammonia for use by the Water Utilities Department. BACKGROUND Aqua Ammonia is used to purify the City's water supply. The Water Utilities Department expects to purchase approximately sixty (60) dry tons of this material during the term of this contract. Formal bids were requested from thirteen (13) vendors; two responded. Southern Ionics, Inc. of West Point, Mississippi responded with a bid of $1,572 per ton and a total estimated annual amount of $94,320. This represents a $138/ton or approximately (9.5%) increase in the price of this material over• last contract. Specifications allow for an annual contract with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract. Bid tabulation is attached. FUNDING SOURCE Water Utilities Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, bids were solicited for an annual contract with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract for Aqua Ammonia for use by the Water Utilities Department; and, WHEREAS, Southern Ionics, Inc., of West Point, Mississippi, submitted a bid in the amount of $94,320.00; and, WHEREAS, City Council is of the opinion that the bid submitted by Southern Ionics, Inc., of West Point, Mississippi, in the amount of $94,320,00 should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the bid submitted by Southern Ionics, Inc., of West Point, Mississippi, in the amount of $94,320.00 for an annual contract with the option of two (2) renewals of one (1) year terms at the same pricing as the awarded contract for Aqua Ammonia for use by the Water Utilities Department be accepted by the City of Beaumont; and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute a contract with Southern Ionics, Inc., of West Point, Mississippi, for the purposes described herein. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of March, 2023, Mayor Robin Mouton - 1�-I z 0_ �§ �� U ca a E E / a @ e 6 EE §20 mam § § ] u 04 §Gk}4 7 /§2 g $ 4 $ ■ S E i(to o / $ § G � / n CL \ / / / k ƒe /� jto 4 �§ 2� C �§ Jg CO § G a o to CY 2 L Uf k { § $ k < ¢ � j J o 0f2� /A/ � k 9 1�i TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider a resolution approving a contract for the rental of vehicles to be utilized by the Police Department. BACKGROUND The Police Department has a need to utilize rental vehicles in addition to its City fleet to supplement its operations. To do so, the City will use an annual contract that was competitively bid and awarded to EAN Services, LLC of Spring Texas by Harris County. On December 12t", 2022, per Resolution 22-331, the City entered into an Interlocal Agreement with Harris County to utilize each entity's contracts for the purchase of services or goods. The estimated annual cost will be $155,750. The agreement is attached. FUNDING SOURCE General Fund RECOMMENDATION Approval of the resolution. RESOLUTION NO, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on December 12, 2022, the City approved Resolution 22-331 which allowed for an Interlocal Agreement with Harris County to utilize each entity's contracts for the purchase of services or goods; and, WHEREAS, for the Police Department has a need to utilize rental to supplement its operations; and, WHEREAS, an annual contract has been awarded to EAN Services, LLC of Spring, Texas by Harris County for the estimated amount of $155,750,00, substantially in the form attached hereto as Exhibit "A," NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in ail things, approved and adopted; and, THAT the City Manager hereby and is authorized to approve a contract for the rental of vehicles to be utilized by the Police Department. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of March, 2023, - Mayor Robin Mouton - Business Rental Preferred Rate Agreement Company: City of F3eaunl ont f?ollca Deparllllonl "Customer" Company; FAN Services, LLC "Rnterpr]so" Contact; Chief ,lames P, Singlnlary Contact, Business Rental De a pie Address: 5G Golle e 8t Address; 1503 Spring Plaza Drlva beaurnont, Texas 777r)1 SwInrl, TX 77360 PASE BENTAL CHARGES' VEMCI_4 Cl_AS5 MONTHLY RATE Small TRUCK 062.001month inlermediatelSUV $026,001111011th Full Size $626.0011110nili Premium $073,001nionlh 112 Toll TKI08 $000,001month MIN Van$ $061,001month Medlum SUV $000,001month Large SUV $1392,00l111ontll "aaso Rental Charges apply to Enterprise looatton In the following geographic area(s): Rental i3ranoh WHO bouston, Texas only located, a� 17302 Pine Cut, Houston, TX 77032. Rates Lase on Harris County Contract Job No,2210272 awarded 10/2022, The rates aro subject toollmige annually at renewal as there Is an oscalator in the contract, This agreement allows the ability to switch out vehicles on an as noododbasts For 0,8, rentals (Including Puerto Rico) outside of the geographic areas) described above, Enterprise's affiliated entity's renting location from Whloh the rental originates will apply a G°/0, discount off the slandard, undlscounled daily, weekly, and monthly rates charged by the ranting location. Driver Protection Products selected below, if applicable, shall not apply to these rentals, RENTAL, LOCATION SURCHARGES: In addition to the applicable Base Rental Charges sat forth above, rental looailon suroharges are assessed as follows: II . Exclusions: base Rental Charges are not available for rentals commencing in Manhattan all day Friday through 12:60 p,rn, Sunday, Base Rental Charges do not Include applicable luxes, fees, surcharges, refueling, drop-off, delivery, youthful driver, additional driver, or pickup charges or, except at; set forth In this Agreement, any optional products or services such as damage waiver ("[W% liability protection, personal accident Insurance and porsonal effects coverage ("Driver Protection Produote) and Roadside Ae*tanco ProgramtRoodside Plus. Additional foes may bo assessed for rentals from F130 locations, MILEAGE CHARGES: Base Rental Charges for rentals In the Houston, Texas. area Include unllmlted free miles for ail ether vehicles, Rase Rental Chargos for rentals outside of the above listed partlelpating U.$. locations may not Include mlleage, In which case, mileage charges charged by the renting location's branch will apply. VEHICLE AVAILABILITY: Hybrid vahlolos are subject to the availability at the rcniing branch and are not avallable at all locations, Other restdotlons may apply, 12 and 15 passenger vans are subject to availability at the ronting branch and are not avallable In all states, Unless Included In ilia Base Rental Charges listed above, rates for these vehicles will he determined by tho applicable originating Enterprise location In Its discretion. CAR CLASSES; Thls Agreement shall apply to all vehicles In the Agreement, regardless of whether the car class Is listed herein, not apply for rentals of exotlns, high line vehlolas and trucks, ADDITIONAL TERMS AND CONDITIONS 1, Term. The term of this Duslness Rental preferred Rate Agreement ("Agreement') begins October 1, 2022, and snail remain In full force for six months due to the current vehicle pricing environment. It will be determined at six months If the pricing can be extended for another slx months or a new agreement Is required, Either party has tho right to opt out of this agreement with thirty days written nollco, 2. Bantal Pro ran , Enterprise agrees to make Its vehicles available to Employees for rental front a oar rental faclllly which Is located In the oountrlos set forth herein and whldi Is operated by Enterprise under the "Entorprlso Bent -A -Gar" brand name for buslnoss use or porsonal use, For buslnoss use rentals, occasional porsonal use during the buslness rental period Is allowed, Dtlring nuoh occasional personal use, spouses of Employees vrlll be considered M alliess Ronlal I�roforrsd Rate Plan (ll,S, Loons -Single Orolrp)-6111113 Unlled States and Puerto Rico rented pursuant to this except DW and third party liability, If Included In the Rate, shall additional authorized drivers. Employees of Customer must (a) use (he account number assigned by Enterprise to Guslomer (0001-1005,12ndless Opportunities, 1NC,4 for rentals for business use and LXsOT0yno . Insurance tiyheri I)qrsonal for rentalo for personal use) when making the reservatlon for the rental and (b) certify at the time of reservation whether the rental Is for business use or personal use, This Agreement shall not apply to or cover vohlole rentals by Enterprise to an Employee from a oar rental facility whloh Is looatod In any other jurisdiction or Is operated by Enterprise under the "Alamo Rent A Car" or "National Car Dental" brand name or any (rook rental facility operated by Enterprise. EXHIBIT "A" Rental Cohlraots, For coeh vehicle rented, ilia t 1)ployeo must oxoolsto Rnlerprise's Rental contract In ilia jurisdiction h) whloh ilia Wilda rental occurs, Each Employee and E€nployee'n spouse (and any parson Idenllffed on page 1 of the Rental Contract as an "Addltlomd Authorized DtIver") nrusl possess a valid driver's Iloenso issued by the stale in which such person resides, and must be afro 21 or older (unless otherwise) agreed to III writing and 18 or older if required by law; and 26 or older for 12 and 15 passenger vans), and meet Enterprise`s other normal renter quall0cations. In the event of a dlroot conflict between ilia terms of f ila Agreement find the terms of any Rental Contract, Ilia loons of this Agroornant will govern. However, the speolflo terms of each Rental Contract will govern to the extent not direolly In coniilot will) the terms of flits Agreement, Gustomer agrees to pay Enietprlse upon demand for all rental and other charges incurred and ail Indemnity and other payments owed by an Employee under a Rental Conlraot rotating to a rentai for business use net timely paid by (lie Employee, j3optai Cates, For the first twelve (12) months following lho date of this Agreement, [enterprise agrees to charge (lie Rase Rental Charg% sot forth In this Agreement. In each successive 12-month period, Fntorprlso may modify ilia Base Rental Charges listed hereln uppon thirty (30) days' prior notice to Customer, In addillon to such rate Increases provided for herein, If the aggregate arnotrnt of costs Incurred by EAN or the Affiliates on a collective basis for or Will respect to their fleet of rental vehicles for a given model year Increases by more than 10% of the aggregate amount of costs for such vehicles during the prior model year, EAN shall Increase the Gates by providing customer with thirty (30) days notice of such Increase In Rates, Base Rental Charges may not apply in Certain Cities during special Mills, major holldays, and peak aeasonat demand periods In detarmIning Ilia length of rental, a clay Is doomed to be any 24-hour period or portion thereof ("day"), All Base Rental Charges and surcharges are supplied In local currenoy, ENTERPRISE By — Name: Date: euelnass Rental Pteferred Rate) flan (U,8, Loeal-single Group)-311113 - 2 - G. Preferred provider Status, Customer agrees to promote Lnterprise as a preferred provider of rental cars, and to reoornrnend Enterprise as an option to Employees renting vehicles for business use, Customer agrees to Include Enterprlse as an option on their salt -booking loot In addlllon, customer agrees to prornote E_nlerprise on their Internal webslto and through other company -wide Internal coniniunloa lion networks, Custorer grants Enterprise tho right to promote Its preferred provider status to Customer's Employees, Miscellaneous, F-xcapt as otherwise required by law, Customer aproos to maintain the contidenllailty of the pricing offered to Customer and all allter tortes under ails Agreement, Including but not lbnitod to (tie Account Number(s) assigned to Customer, This Agreement and any Rental Contract entered Into between Rnterprlso and an Employee sets forth the entire understanding botween the parties and may only be amended In a written document signed by each party, Thls Agreement shall be govoined by ilia substantive laws of the slate listed as part of Customer's address on Pago 1, Rental Contmots shall be governed by (lie substantive. laws of the state In whloh Choy are executed. o f ets. The partles agree that Enterprise/Provider may, from tulle to tune and upon notice to Customer, offset any amounts that are owed to t rltorprlselProvider from the customer against amounts awed to the Customer, in the ordinary course of business. Entorprlse/Provider shall have ft)e ability to discontinue tills right to offset (ln whole or In part), upon advance written notice to the Customer. ssf a, Gustomer hereby consents to an assignn)ant by EnlerpriselProvlder to any of Entorprise'slProAder's afffllated companies or a corporate successor upon conversion, marger or consolidation, CUSTOMER By Name; [late: �-C TEXAS TO: City Council FROM: Kenneth Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider an ordinance denying CenterPoint Energy Resources Corporation proposed rates. BACKGROUND On March 2, 2023, CenterPoint Energy Resources Corporation, d/b/a CenterPoint Energy Entex and CenterPoint Energy Texas Gas (CenterPoint) filed a Gas Reliability Infrastructure Program (GRIP) adjustment factor with the cities located in the Beaumont/East Texas division. CenterPoint is authorized to make annual GRIP rate change requests pursuant to the Gas Utility Regulatory Act, Tex. Util. Code §104.301 (GRIP Statue). The GRIP Statue authorizes gas utility companies to request rate increases associated with year to year changes in incremental investment. The GRIP Statue also provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the company's filing, unless suspended by the City. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance, ORDINANCE NO. A ORDINANCE OF THE CITY OF BEAUMONT, TEXAS SUSPENDING THE RATES PROPOSED BY GENTERPOINT ENERGY RESOURCES CORP., dibla CENTERPOINT ENERGY ENTEX AND CENTERPOINT ENERGY TEXAS GAS ("CENTERPOINT" OR "COMPANY") COMPANY'S GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE. WITH THE CITY ON MARCH 2, 2023, FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about March 2, 2023, CenterPoint Energy Resources Corp., dlb{a CenterPoint Energy Entex and CenterPoint Energy Texas Gas ("CenterPoint" or "Company") filed an Annual GRIP adjustment for the Beaumont/East Texas Division with the City of Beaumont ("City") to increase gas rates in the Beaumont/East Texas Division Service Area pursuant to Gas Utility Regulatory Act, TEX, UTIL, CODE ("Gas Utility Regulatory Act") § 104.301; and, WHEREAS, the Company proposed an effective date for the proposed increase of May 1, 2023, unless the City suspends the date for a period no longer than forty-five (46) days; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103,001; and, WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and, WHEREAS, the City's review of CenterPoint's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and, WHEREAS, the City finds the need to suspend the effective date of CenterPoint's proposed rate increase for forty-five (45) days beyond the Company's proposed effective date until June 15, 2023 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and, WHEREAS, the reasonableness of the Company's investment will be reviewed in CenterPoint's future base rate case where all costs included in CenterPoint's GRIP filing will be subject to refund. NOWTHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of the Company's proposed GRIP rate increase, and the proposed tariffs related thereto, is hereby suspended until June 15, 2023. Section 3. To the extent the City finds that the rates proposed by CenterPoint's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on June 15, 2023. Section 4, The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, Section 5, This Ordinance shall become effective from and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF BEAUMONT this 14 day of March, 2023. - Mayor Robin Mouton - ATTEST: TEXAS TO: City Council FROM: Keni-ieth Williams, City Manager PREPARED BY: Sharae N. Reed, City Attorney MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider an ordinance denying Texas Gas Service -Company proposed rates. BACKGROUND On February 9, 2023, Texas Gas Service Company (TGS) filed a Gas Reliability Infrastructure Program (GRIP) adjustment factor with the cities located in the Central -Gulf service area. TGS is authorized to snake annual GRIP rate change requests pursuant to the Gas Utility Regulatory Act, Tex, Util. Code §104,301 (GRIP Statue). The GRIP Statue authorizes gas utility companies to request rate increases associated with year to year changes in incremental investment. The GRIP Statue also provides that the proposed GRIP rate surcharge will become effective sixty (60) days from the date of the company's filing, unless suspended by the City. FUNDING SOURCE Reasonable expenses associated with rate cases are reimbursable by the company as proved for in the Public Utility Regulatory Act. RECOMMENDATION Approval of ordinance. ORDINANCE NO, A ORDINANCE OF THE CITY OF BEAUMONT, TEXAS, SUSPENDING THE RATES PROPOSED BY TEXAS GAS SERVICE COMPANY'S ("TGS" OR "COMPANY") GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") FILING MADE WITH THE CITY ON FEBRUARY 9, 2023; FINDING THAT THE MEETING COMPLIES WITH THE OPEN MEETINGS ACT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT, AND DECLARING AN EFFECTIVE DATE WHEREAS, on or about February 9, 2023, Texas Gas Service Company ("TGS" or "Company") filed an Annual GRIP adjustment with the City of Beaumont ("City") to increase gas rates in the Central/Gulf Service Area pursuant to Gas Utility Regulatory Act, TEX. UTIL, CODE ("Gas Utility Regulatory Act") § 104.301; and, WHEREAS, the Company proposed an effective date for the proposed increase of April 10, 2023, unless the City suspends the date for a period no longer than forty-five (45) days; and, WHEREAS, City has exclusive original jurisdiction over the rates, operations and services of a gas utility in areas in the municipality pursuant to Gas Utility Regulatory Act § 103,001; and, WHEREAS, Gas Utility Regulatory Act § 104.301 requires a streamlined process for the recovery of the costs of incremental investment by a gas utility; and WHEREAS, the City's review of TGS's GRIP filing is limited to a ministerial review of the filing for compliance with the statute; and, WHEREAS, the City finds the need to suspend the effective date of the Company's proposed rate increase for forty-five (45) days beyond the Company's proposed effective date until May 25, 2023 in order to review the Company's filing for compliance with Gas Utility Regulatory Act § 104.301; and, WHEREAS, the reasonableness of the Company's investment will be reviewed in a future base rate case where all costs included in the Company's GRIP filing will be subject to refund. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT THAT: Section 1. The statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. Section 2. The effective date of the Company's proposed GRIP rate increase, and the proposed tariffs related thereto, is hereby suspended until May 25, 2023. Section 3. To the extent the City finds that the rates proposed by the Company's filing comply with Gas Utility Regulatory Act § 104.301, then the rates will become effective by operation of law on May 25, 2023, Section 4. The meeting at which the ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Section 5. This Ordinance shall become effective frorn and after its passage. PASSED AND APPROVED BY THE CITY COUNCIL_ OF THE CITY O BEAUMONT this 14 day of March, 2023, Mayor Robin Mouton ATTEST; 0 TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Sharae N, Reed, City Attorney MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Henry Moore. BACKGROUND The claim of Henry Moore was presented and discussed in Executive Session held on January 24, 2023. The City Attorney is requesting authority to settle this claim in the amount of $12,624.47. FUNDING SOURCE General Liability Fund, RECOMMENDATION Approval of resolution, RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, the claim of Henry Moore was discussed in Executive Session properly called and held on Tuesday, January 24, 2023, and, WHEREAS, the City Attorney is requesting authority to settle this claim; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Attorney be, and is hereby, authorized to settle the claim of Henry Moore for the sum of Twelve Thousand, Six Hundred Twenty and 471100 Dollars ($12,620.47); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the claim. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of March, 2023. Mayor Robin Mouton - 1 March 14, 2023 Consider approving amendments to the Food and Food Establishments Ordinance concerning signage, Sections Chapter 10, Section 10.02, 10.02.001, 10,02.002, 10.02,003, 10.02.004, 10.02.005, 10.02.006, 10.02,007, 10.02.008, 10.02.131, 10.02.132, 10.02.134, 10.02.135, 10.02.136, 10.02.138, and adding Subsections 10.02.009 and 10.02.010, w TEXAS TO: City Council FROM: Kem-.eth Williams, City Manager PREPARED BY: Kennleth Coleman, Public Health Director MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider a request for amendments to the Food and Food EstablisImients Ordinance concerning signage, Council consider a request for amendments to the Food and Food Establislunents Ordinance concerning signage, Sections Chapter 10, Section 10.02, 10.02.001, 10.02.002, 10.02.003, 10.02.004, 10.02.005, 10.02.0065 10.02.007, 10.02.008, 10.02.1315 10.02.132, 10.02.134, 10.02.135, 10.02.136, 10.02.138, and adding Subsections 10.02,009, and 10,02.010 BACKGROUND The previous ordinance passed on February 14, 2023, included incorrect chapter numbers for the amendments being proposed. This ordinance identifies the correct chapter and section numbers for the amendments so that they can be properly enrolled into Chapter 10. FUNDING SOURCE Not applicable, RECOMMENDATION Approval of the ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF BEAUMONT AMENDING CHAPTER 10, SECTION 10.02 FOOD AND FOOD ESTABLISHMENTS, SUBSECTIONS 10.02,001 GENERAL PROVISIONS, 10.02.002 MANAGEMENT AND PERSONEL, 10.02.003 FOOD,10.02.003. 10.02.004 WATER PLUMBING AND WASTE, 10,02.005 PHYSICAL FACILITIES, 10.02.006 POISONOUS OR TOXIC MATERIALS, 10.02.007 REQUIREMENTS APPLICABLE TO CERTAIN ESTABLISHMENTS, 10.02,008 COMPLIANCE AND ENFORCEMENT, 10,02.131 FOOD SERVICE MANAGER'S CERTIFICATE PURPOSE, 10.02,132 CERTIFICATION REQUIRED, 10.02.134 ISSUANCE, 10.02.135 TERM;TRANSFER, 10.02.136 RENEWAL, 10.02.138 FEES, AND ADDING SUBSECTIONS 10.02.009 ADOPTION OF THE U.S. PUBLIC HEALTH SERVICE MACHINE VENDING ORDINANCE, AND 10,02,010 PEDDLING, SELLING CERTAIN ITEMS IN PUBLIC PLACES PROHIBITED, ARTICLE 10.02 FOOD AND FOOD ESTABLISHMENTS Division 1. Rules On Food Service Sanitation SEC 10,02,001 General provisions (a) Purpose and Regulations (1) The purpose of this division is to implement Texas Health and Safety Code, Chapter 437, Regulation of Food Service Establishments, Retail Food Stores, Mobile Food Units, and Roadside Food Vendors. (2) The Department adopts by reference the U.S. Food and Drug Administration (FDA) Food Code 2022 (Food Code) and the Supplement to the 2022 Food Code. (3) The Department does not adopt by reference the following sections, paragraphs, and subparagraph of the Food Code3-202.13, 3-202.14(C), 3-202.18(A), 5- 102.11, 5-102,13, 5-102.14, 5-104.11(13)(1), 6-101.11(B), 6-202.18, 8-201.11, 8-202.10, 8-203.10, 8-302.11-14, 8-303.10-30, 8-304.10, 8-304.20, 8-401.10, 8-401.20, 8-402.10, 8-402.20-40, 8-403.40, and 8-501.10-40, and the definitions for "accredited program," "drinking water," "food establishment," "game animal," "general use pesticide," "public water system," "regulatory authority," "safe material," "service animal," and "vending machine location." (b) The following words and terms, when used in this division, shall have the following meanings Unless the context clearly indicates otherwise. (1) Accredited program --Food manager certification program that has been evaluated and listed by the Department and conforms to standards set by the Department in 25 TAC §229.172. (2) Adulterated food --A food deemed to be adulterated as specified in the Texas Health and Safety Code, §431.081. (3) Bed and breakfast extended --An establishment with more than seven rooms for rent or an establishment that provides food service other than breakfast to overnight guests. (4) Bed and breakfast food establishment --A bed and breakfast that provides food service to customers in addition to its overnight guests. (5) Bed and breakfast limited --An establishment that has seven or fewer roams for rent, serves breakfast to overnight guests, and is not a retail food establishment- (6) Central preparation facility --An approved and permitted facility or space where food is prepared, stored, and packaged. (7) Child care center —Any facility licensed by the regulatory authority to receive 6 or more children for child care which prepares food for on -site consumption, excluding in -home day cares. (8) Code of Federal Regulations (CFR)--Citations to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40, Pail 180, Section 194. (9) Common carrier -An individual or business that advertises to the public that it is available for hire to transport people or property, including food, in exchange for a fee. (10) Cottage food production operation --An individual, operating out of the individual's home, who: (A) Produces at the individual's home: A baked good that is not a time and temperature control for safety food (TCS food), as defined in 25 TAC §229.661(b)(13); Candy; Coated and uncoated nuts; Unroasted nut butters; • Fruit butters; o A canned jam or jelly; A fruit pie; • Dehydrated fruit or vegetables, including dried beans; Popcorn and popcorn snacks; • Cereal, including granola; r Dry rnix; Vinegar; Pickled fruit or vegetables, including beets and carrots, that are preserved in vinegar, brine, or a similar solution at an equilibrium pH value of 4.6 or less; Mustard; • Roasted coffee or dry tea; A dried herb or dried -herb mix; O Plant -based acidified canned goods; Fermented vegetable products, including products that are refrigerated to preserve quality; Frozen raw and uncut fruit or vegetables; or • Any other food that is not a TCS food, as defined in 25 Tex. Admin. Code §229.661 (b)(1 3). (B) Has an annual gross income of $50,000 or less from the sale of food described by subparagraph (A) of this paragraph; (C) Sells foods produced under subparagraph (A) of this paragraph only directly to consumers; and (D) Delivers products to the consumer at the point of sale or another location designated by the consumer. (11) Departments --The Environmental Health Department of Beaumont, TX. (12) Drinking water -Traditionally known as "potable water" and that meets the standards set forth in 30 TAC Chapter 290, Subchapter F. Drinking water includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "map water," "rainwater," "wastewater," and "non -drinking water." (13) Event --A unique public gathering at which food products are served and for which an appropriate regulatory authority grants permission, whether by permit, license, or another official written document. (14) Exotic animal -Member of a species of game animals not indigenous to this state, including axis deer, nilgai antelope, red sheep, or other cloven-hoofed ruminant animals. (15) Festival --a public celebration, entertainment or series of performances of a certain kind, often held periodically. (1 G) Food establishment --- (A) A food establishment is an operation that: e Stores, prepares, packages, serves, or vends food directly to the consumer, or otherwise provides food for human consumption, such as a restaurant, retail food store, satellite or catered feeding location, catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people, market, vending machine location, self-service food market, conveyance used to transport people, institution, or food bank; and, Relinquishes possession of food to a consumer directly, or indirectly through a delivery service, such as home delivery of grocery orders or restaurant takeout orders, or delivery service that is provided by common carriers. (B) Food establishment includes: An element of the operation, such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and, • An operation that is conducted in a mobile, stationary, temporary, or permanent facility or location and where consumption is on or off the premises regardless if there is a charge for the food. (C) Food establishment does not include: • An establishment that offers only prepackaged foods that are not TCS foods; • A produce stand that only offers whole, uncut fresh fruits and vegetables; • A food processing plant, including one that is located on the premises of a food establishment; i A cottage food production operation; • A bed and breakfast limited as defined in this division; or A private home that receives catered or home -delivered food. (17) Game animals --Wild animals that are indigenous to this state and not amenable to the Texas Meat and Poultry Inspection Act, Texas Health and Safety Code, Chapter 433, for which the hunter must obtain a hunting license from the Texas Parks and Wildlife Department before hunting animals, such as white-tailed deer, mule deer, pronghorn antelope, and big horn sheep. (18) General use pesticide --A pesticide that is not classified by the United States Environmental Protection Agency for restricted use as specified in 40 CFR §152.175 or is not limited to use by or under the direct supervision of a certified applicator licensed by the Texas Department of Agriculture or by the Texas Structural Pest Control Service as applicable. (19) Grease trap or interceptor --a device designed to use differences in specific gravities to separate and retain light density liquids, waterborne fats, oils, and greases prior to the wastewater entering the sanitary sewer collection system. These devices also serve to collect settleable solids, generated by and from food preparation activities, prior to the water exiting the trap and entering the sanitary sewer collection system. (20) Group residence --A private or public housing corporation or institutional facility that provides living quarters and meals. The term includes a domicile for unrelated persons, such as a retirement home, correctional facility, or a long-term care facility. (21) Livestock —Cattle, bison, sheep, swine, goats, horses, mules, other equine, poultry, domesticated rabbits, exotic animals, or domesticated game birds. (22) Mobile food unit (MFU)--A vehicle -mounted, self or otherwise propelled, self- contained food service operation designed to be readily movable (including catering trucks, trailers, push carts, and roadside vendors) and used to store, prepare, display, serve or sell food. An MPU must completely retain its mobility at all times. An MFU does not include a stand or a booth. A roadside food vendor is classified as an MEU, (23) Mobile Food unit permit —A food permit for a mobile food unit operating within the City of Beaumont, that expires at the end of every calendar year. (24) Outfitter operation --Any operation, such as trail rides, bus tours, harbor cruises, or river raft trips, in which food is offered to patrons and which operates out of a central preparation location or food establishment. (26) Plumbing Code --The International Plumbing Code, as amended, including appendices C, E, E,. and G, published by the International Code Council as amended by 16 TAG §70, the Uniform Plumbing Code, as amended, including appendices required by the regulatory authority, as published by the International Association of Plumbing and Mechanical Officials as referenced in Occupations Code, Title 3, Chapter 1301, §265, or a Plumbing Code adopted by a local regulatory authority, whichever is more stringent. (26) Private water system --A drinking water system that is not connected to a public water system and not regulated by the Texas Commission on Environmental Quality. (27) Public water system --A drinking water system that complies with 30 TAG §§290.101 - 290,122. (28) Pushcart --A non -self-propelled M1=U limited to serving foods requiring a limited amount of preparation as authorized by the regulatory authority and readily movable by one or two persons, A pushcart is classified as an M1✓U. A pushcart does not include non -self-propelled units owned and operated within a retail food store. This type of MFU requires the support of a central preparation facility, (29) Regulatory authority --the City of Beaumont's public health director or their designee. (30) Roadside food vendor --A person who operates a mobile retail food store from a temporary location adjacent to a public road or highway. Food is not prepared or processed by a roadside food vendor. A roadside food vendor is classified as an MF'U. (31) Safe material --An article manufactured from or composed of materials that may not reasonably be expected to result either directly or indirectly in the article becoming a component of or otherwise affecting the characteristics of any food. An additive that is used as specified in the Texas Health and Safety Code, Chapter 431, or other materials that are not additives and that are used in conformity with applicable regulations of the U.S. Food and Drug Administration. (32) Seasonal food establishment —A food service establishment which operates more than fifteen (15) consecutive days but less than one hundred twenty-one (121) consecutive days within a three hundred sixty-five (365) day period beginning January 1 of each calendar year, (33) Self-service food market --A market that is unstaffed and offers prepackaged non-TCS food and prepackaged refrigerated or frozen TCS food that is stored in equipment that complies with §1 0.02.007(e). (34) Service animak-A canine that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability as specified in Texas Health and Safety Code, §437.023. (35) Single -service articles --Any cups, containers, plates, straws, place mats, napkins, doilies, spoons, stirrers, paddles, knives, forks, wrapping materials and all similar articles that are constructed wholly or in pail from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended by the manufacturers to be for one-time, one -person use, then to be discarded. (36) Special event food service establishment --A temporary food service establishment which consists of more than five (a) booths and is sponsored by an organization in connection with a single group event. This includes, but is not limited to fairs, carnivals, food festivals and similar events. Special Event Temporary Permits must be purchased at least thirty (30) days in advance of the event. (37) Temporary Food Fstablishi-nent--A temporary food service operation is defined as a food establishment that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration (3€3) Vending machine location --The room, enclosure, space, or area where one or more vending machines are installed and operated and that inciudes the storage areas and areas on the premises that are used to service and maintain the vending machines. This does not include self-service food markets. 10.02,002 Management and Personnel (a) Certified Food Protection Manager and Food Handier Requirements. (1) A Certified Food Protection manager must pass a DSHS or ANSI-CFP approved food manager certification examination prior to opening of a food establishment. (2) The original food manager certificate shall be posted in the food establishment in a location that is conspicuous to consumers. (3) Except as specified in 10.02.002(c), a certified food protection mabager shall be present at the food establishment during all hours of operation as required in Food Code, §2-101.11 and §2-102.12. (4) While serving as a person in charge for a food establishment, a certified food protection manager may not serve as person in charge for any other food establishment. (5) The bolder of the original food manager certificate shall be the person in charge or shall designate a person in charge and shall ensure that any person in charge satisfy all requirements of 10.02.002(a). (6) Food establishments deemed by the regulatory authority to pose minimal risk of causing, or contributing to, foodborne illness based on the nature of the operation and extent of food preparation, such as but not limited to: food; (A) establishments that handle only prepackaged food and do not package (B) Establishments that do not prepare or handle exposed Time/Temperature Control for Safety (TCS); or (C) Temporary food establishments; are exempt from the requirements in §§10,02.002(3) — (6). (7) All food employees, except for the certified food protection manager, shall successfully complete an accredited food handler training course, within 30 days of employment, This requirement does not apply to temporary food establishments. (8) The food establishment shall maintain on premises a certificate of completion of the food handler training course for each food employee. (b) Reporting Symptoms and Diagnosis Signage. (1) A food establishment shall post a sign or poster, clearly visible to food employees, by all handwashing sinks, The sign or poster shall notify food employees to report symptoms and diagnosis information about their health as it relates to diseases that are transmissible through food. 10.02.003 Food (a) Approved Sources for Exotic Game Animals. (1) Exotic animals, if exotic animals are received for sale or service, they shall: (A) Be commercially raised for food; and (i) Raised, slaughtered, processed, and deemed to be inspected and approved" under an inspection program administered by United States Department of Agriculture (USDA) in accordance with 9 CFR 352, Exotic Animals, Voluntary Inspection; or (ii) Raised, slaughtered, processed, and deemed to be "inspected and passed" under a meat and poultry inspection program administered by the Department or any other state meat inspection program deemed equal to USDA inspection; (B) As allowed by law, for exotic animals that are live caught, be slaughtered and processed as required in §§10.02.003(a)(1)(A)(1) or (ii); and; (C) As allowed by law, for exotic animals that are field dressed; (i) Receive an antemortem and postmortem examination by the appropriate inspection personnel as described in §§10.02.003(a)(1)(A)(i) or (H); and (ii) Be transported and processed according to the requirements specified by the appropriate regulatory authority as described in §§90.02.003(a)(1)(A)(i) or (ii). (2) Exotic animals shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the methods for cooking game animals according to Food Code, §3-401.11, and under a voluntary inspection program as specified in §10.02.003(a). (b) Specifications for Receiving. (1) Temperature. (A) Grade A pasteurized milk shall be received in refrigerated equipment that maintains an ambient air temperature of seven degrees Celsius (46 degrees Fahrenheit) or less. (B) Molluscan shellfish shall be received in refrigerated equipment or on ice that maintains a temperature of seven degrees Celsius (45 degrees Fahrenheit) or less, as required in the Texas Molluscan Shellfish Rules, 25 TAC §241.61(a). (2) Chicken Eggs, Chicken eggs shall be received clean and sound and may not exceed the restricted egg tolerances for U.S, Consumer Grade B as specified in 7 CFR 56, Voluntary Grading of Shell Eggs and United States Standards, Grades, and Weight Classes for Shell Eggs, and 9 CFR 590, Inspection of Eggs and Egg Products. (3) Frozen milk products. Frozen milk products, such as ice cream, shall be obtained pasteurized in accordance with the Frozen Desserts Manufacturer Licensing Act, Texas Health and Safety Code, Chapter 440, and 21 CFR 135, Frozen Desserts. (4) Shell stock identification, Shell stock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shell stock, as specified in 25 TAC §§241.50 - 241,71. (c) Buffet Notification (1) A card, sign, or other effective means of notification shall be displayed to notify consumers that clean tableware is to be used upon return to self-service areas, such as salad bars and buffets as specified in Food Code, §3-304.16. (d) Donation of Foods (1) Except as specified in §§10.02.003(d)(1) and (2), foods which have been previously served to a consumer may not be donated. (A) Packaged time and temperature control for safety foods (TCS foods), such as unopened milk, may be reserved or.donated if immediately stored in a cooling bin maintained at five degrees Celsius (41 degrees Fahrenheit) or below. (B) The following food products may be re -served or donated. (1) Packaged non-TCS foods. (ii) Whole fruit, such as apples or bananas. (2) Uripackaged and unserved TCS foods may be donated if: {A) The temperature of the food is at or below five degrees Celsius (41 degrees Fahrenheit), or an ambient temperature of seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, at the time of donation, and is protected from contamination; (B) The food has been at or above 57 degrees Celsius (135 degrees Fahrenheit) during hot holding and service, and subsequently refrigerated to meet the time and temperature requirements in Food Code, §3-501.14 and §3- 501.15, or maintained at proper holding temperatures required in Food Code, §3- 601.16; (C) The donor can substantiate that the food recipient has the facilities to meet the transportation, storage, and reheating requirements of 10.02.003; and, (D) The food is to be transported by the food recipient directly to a consumer, the recipient only needs to meet the transportation requirements in 10.02,003, including holding temperatures. (3) Donated foods transported offsite shall be labeled with the name of the food, the source of the food, and the date of preparation. (4) Donated TCS foods may not exceed the shelf life for leftover foods outlined in %02.003. (5) Heavily rim or seam -dented canned foods, or packaged foods without the manufacturer's complete labeling shall not be donated. (6) Distressed foods. (A) Foods which are considered distressed, such as foods which have been subjected to fire, flooding, excessive heat, smoke, radiation, other environmentai contamination, or prolonged storage shall not be directly donated for consumption by the consumer. (B) Such.foods in 10.02,003(a)(1) may be sold or donated to a licensed food salvage establishment if permitted under the provisions of the Texas Health and Safety Code 432. 10.02.004 Water, Plumbing, and Waste (a) A water source obtained from other than a community public water system shall be sampled and analyzed in accordance with the requirements found in 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems. (b) Water Quality Standards (1) Public and private water systems: (A) Water from a public water system shall meet 40 CFR 141 National Primary Drinking Water Regulations, state drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47, and 30 TAC §§290.101 - 290.114, 290.117 - 290.119, 290,121, and 290,122; and; (B) Water from a nonpublic water system shall meet the requirements of 30 TAC Chapter 290, Subchapter F, pertaining to transient noncommunity water systems. (1) Water from a nonpublic water system shall be sampled and tested according to 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems, except nondrinking water. (2) The most recent sample report for the nonpublic water system shall be retained on file in the food establishment, or the report shall be maintained as specified in 30 TAC Chapter 290, Subchapter F, concerning transient noncommunity water systems. (c) Water Distribution, Delivery, and Retention Systems (1) Nonpublic water mains, water pumps, pipes, hoses, connections, and other appurtenances shall meet the requirements of 30 TAC Chapter 290, Subchapter F. (d) Grease Trap (1) If used, a grease trap or grease interceptor shall be located to be easily cleanable and shall be located outside the building of the food establishment. 10.02.005 'Physical Facilities (a) Wall and Ceiling Coverings and Coatings (1) Walls including non -supporting partitions, wall covering and ceilings of the walk-in refrigeration units, food preparation areas, equipment and utensil washing areas, toilet rooms and vestibules should be light in color or meet the requirements and approval of the regulatory authority. (2) Darker -colored coverings for the items listed in §10,02.005(a)(1) may require additional lighting, as specified in Food Code, §6-303,11, or meet the requirements set by the regulatory authority, to allow cleaning of the surface. (b) Dogs in Outdoor Dining Areas of a Food Establishment (1) Dogs may be allowed in outdoor dining areas of a food establishment if: (A) The establishment posts a sign in a conspicuous location in the area stating that dogs are allowed; (B) The customer and dog access the area directly from the exterior of the establishment; (C) The dog does not enter the interior of the establishment; (D) The customer keeps the dog on a leash and controls the dog; (E) The customer does not allow the dog on a seat, table, countertop, or similar surface; and (F) In the area, the establishment does not: (i) Prepare food; or (ii) Permit open food other than food that is being served to a customer; and (G) The requirements specified in this §10.02.005(b) do not apply to service animals or service animals in training. 10.02.006 Poisonous or Toxic Materials (a) First Aid Supplies, Availability (1) A first aid kit shall be provided in all food establishments. 10.02.007 Requirements Applicable to Certain Establishments (a) Mobile Food Units (1) Mobile food unit provisions. (A) Mobile food units are required to purchase a yearly mobile food permit in order to assure that all compliance requirements are met. (B) Mobile food units are required to be easily identified to every passerby by having the name of the business prominently painted on at least two sides of the unit, in letters no smaller than 12" in height. (C) Vehicle registration must be provided with application. (D) Federal tax ID certificate must be provided with application. (E) Mobile food unit food choices are limited to those that can be served or prepared In compliance with the Texas Food Establishment Rules as adopted by the city. (F) All food to be prepared must (i) Be stored at the commissary at the time of inspection accompanied by receipts; or (ii) Be purchased daily and accompanied by receipts. (G) Except as otherwise provided §§10.02.007(a)(1)(G) and (H), the regulatory authority: (I) May impose additional requirements to protect against health hazards related to the conduct of the food establishment as a mobile operation; (ii) May prohibit the sale of some or all time and temperature control for safety fo ds (TCS foods); and (Ili) When no health hazard will result, may waive or modify requirements of 10,02.007 except those requirements as specified in §§10.02.007(a)(1)(N)-(P), §§10.02.007(a)(3)(A)(i)-(v), and Food Code, Subparts 3-401, 3 402, 3-403, 3-404, and 3-601. (H) A mobile food unit (MFU) that serves only food that is prepared, packaged in individual servings, transported and stored under conditions meeting the requirements of 10.02.007, or beverages that are non -time and temperature control for safety food and are dispensed from covered urns or other protected equipment, need not comply with the requirements of this division relating to the necessity of water and sewage systems nor to those requirements relating to the cleaning and sanitization of equipment and utensils if the required equipment for cleaning and sanitization exists at its central preparation facility, (1) Alteration, removal, attachments, additions, placement, or change in, under, or upon the MFU that prevents or otherwise reduces ready mobility is prohibited. (i) An MFU will be required to come, on an annual basis or as often as required, to a location designated by the regulatory authority as proof that the MFU is readily moveable. (J) The regulatory authority requires an MFU to come to a location designated by the regulatory authority. The mobile unit must be totally operable at time of inspection, including handwash facilities, warewashing facilities, refrigeration, and wastewater disposal. Required documentation to have available includes; (i) Certified Food Protection Manager Certification. (ii) A signed letter of authorization is required, to verify facility use, if the central preparation facility is not owned by the mobile unit operator, known as a Central Preparation Facility Authorization; (iii) A copy of the most current health inspection of the central preparation facility must be maintained on the mobile unit at all times, known as a Central preparation Facility Inspection Report. (iv) A signed letter of authorization may be required by the regulatory authority to verify service area use, if the servicing area is not owned by the mobile unit operator, known as a Servicing Area Authorization. (v) A menu of all food items to be sold. (K) An MFU shall provide only single service articles for use by the consumer. (f.) Equipment, numbers, and capacities. (1) Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under Food Code, Chapter 3 - Food. (H) Manual warewashing, sink compartment requirements, 1. A sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils as specified in Food Code, Paragraph 4-301.12(A). 2. Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils as specified in Food Code, Paragraph 4- 301.12(13). 5-3. (iii) At least one handwashing sink shall be available for convenient use by employees and properly provisioned in accordance with Food Code, §6--301.11-12, (M) MFU water systems shall meet the requirements of Food Code, Part (N) MFU drinking water tank shall meet the requirements of Food Code, §5-303,13, (i) Fill hose and water holding tank shall be labeled as "Potable Water." (ii) Drinking water in an MFU holding tank shall be tested for contamination by sampling upon request by the regulatory authority. (0) Sewage and other liquid waste. (i) If liquid waste results from operation of an MFU, the waste shall be stored in a permanently installed retention tank for waste retention. (H) A leak --proof sewage holding tank in an MFU shall meet the requirements of Food Code, §5-401.11 for capacity and drainage. (iii) All connections on the vehicle for servicing the MFU waste disposal facilities shall be of a different size or type than those used for supplying potable water to the MFU. (iv) Discharge liquid waste shall not be discharged from the retention tank while the MFU is in motion. (v) Flushing a waste retention tank shall meet the requirements of Food Code, §5-402.15. (vi) Removing MFU wastes shall meet the requirements of Food Code, §5-402.14. (vii) Liquid waste holding tank shall be labeled as "waste water." (P) MFU water and wastewater exemption, (i) A roadside vendor that sells only prepackaged food is exempt from the requirements of this division relating to water and wastewater. (H) An MFU that prepares food requiring no water for operations and no hand contact with food is exempt from the requirements of this division relating to water and wastewater if the required cleaning and sanitization equipment exists at its central preparation facility. Chemically treated towelettes for handwashing may be used as specified in Food Code, Paragraph 5-203.11(C). (Q) Toilet rooms, convenience and accessibility. Toilet rooms shall be conveniently located and accessible to employees during all hours of operation, (2) Central preparation facility. (A) An MFU shall operate from a central preparation facility, commissary or other fixed food establishment and shall report to such location daily for supplies, cleaning, and servicing operations. (B) The central preparation facility or other fixed food establishment, used as a base of operation for an MFU, shall be constructed and operated in compliance with the requirements of Food Code, Chapter 6 - Physical Facilities. (C) Once a food establishment agrees to become a central preparation facility for a mobile food unit, the food establishment will receive an inspection by the regulatory authority. (D) An overall score of 90 with no demerits in items 1-5 and 13-14 of the inspection report will be required for approval to become a central preparation facility for a mobile food unit. (E) All mobile food units must return to the central preparation facility/commissary at least once per day of operation for one performance of all servicing operations. Servicing operations include but are not limited to: (1) Cleaning of the mobile food unit; (ii) Restocking supplies as necessary; and (iii) Thorough flushing and draining of the waste retention tank. (1=) Upon request the operator of a mobile food unit must be able to provide written proof that the mobile food unit has been servicing at a central preparation facility on a daily basis. (i) These servicing records must be maintained in duplicate, with one copy in the mobile food unit at all times and the other copy kept at the central preparation facility. (ii) Each servicing record must be kept and maintained for two years from the date of servicing. (iii) Failure to obtain servicing on a daily basis or failure to maintain servicing records will result in the immediate closure of the mobile food unit operations and the issuance of a citation to the central preparation facility. (G) The central preparation facility will be required to provide the following services to mobile food unit(s): (i) Adequate facility for storage of foot[ utensils and other supplies. (ii) Adequate facility for the disposal of garbage and liquid wastes. (iii) Potable water for filling water tanks. (iv) Hot and cold water under pressure for cleaning and sanitizing. (iv) Approved janitorial sink, toilet, utensil washing, and handwashing facilities with single service soap and paper towels in dispensers. (vi) Maintenance of a daily log sheet signed by central preparation facility/commissary owner to verify mobile food unit's daily use of facility. (H) As a part of the central preparation facility's inspection, the health inspector will review the assigned mobile food unit's servicing log. Failure to maintain this log accurately will result in immediate closure of the mobile food unit and a court citation of the central preparation facility. (1) This central preparation agreement wili not be required of a mobile food unit operating as an extension of a permitted restaurant in the city limits of Beaumont. (,t) An affidavit from the owner of the central preparation facility must be provided as proof that the mobile food unit is servicing at the central preparation facility as required, (3) Outdoor servicing area and operations. (A) Protection. (i) An MFU servicing area shall include at least overhead protection for any supplying, cleaning, or servicing operation. Those areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, need not be provided with overhead protection. (H) Within the servicing area, the location provided for the flushing and drainage of liquid wastes shall be separate from the location provided for potable water servicing and for the loading and unloading of food and related supplies. (iii) A servicing area will not be required where only packaged food is placed on the M1=U or where an MPU does not contain waste retention tanks. (iv) The surface of the servicing area shall be constructed of a smooth nonabsorbent material, such as concrete or machine -laid asphalt and shall be maintained in good repair, kept clean, and be graded to drain. (v) Potable water servicing equipment shall be installed in the servicing area according to the Plumbing Code and shall be stored and handled in a way that protects the water and equipment from contamination. (vi) Mobile food units may erect a tent, or attach a tent -like awning to the side of their unit, but are not allowed to utilize any adjacent building as a dining or working area. (vii) Mobile food units may purge their crawfish at their central preparation facility. (viii) Mobile food unit operators are required to dump their wastewater within a 24-hour period or more frequently as necessary. If at any time the wastewater tank becomes full, the operation shall be closed to allow for the transport and dumping of the wastewater at the central preparation facility. (ix) Mobile food units must be located on a paved surface and located within 500 feet of an available public restroom facility for use during hours of operation. (x) An affidavit showing proof of consent to locate on premises where the unit will operate must be available upon request. (xi) All mobile food establishments shall move and vacate the premises of the business location on a daily basis; overnight parking at the business location is prohibited. At the end of each business day, the mobile food establishment shall return to the central preparation facility/commissary for servicing and storage. If storage is not allowed at the central preparation facilitylcommissary, the mobile food unit must be stored at a rented storage space, where mobile food units may park overnight, until the next business day. (B) The construction of the walls and ceilings of the servicing area is exempted from the provisions of Food Code, §6-201.11. (b) Temporary Food Establishments (1) The regulatory authority may impose additional requirements to protect against health hazards related to the conduct of the temporary food establishment, may prohibit the sale of some or all time and temperature control for safety foods (TCS foods), and, when no health hazard will result, such as children's neighborhood beverage stands, may waive or modify requirements of this division. (A) hoods that are not prepared on -site or that require extensive preparation or cooking must be prepared at a licensed food establishment located within the city limits of the City of Beaumont, (B) All foods to be prepared and sold during each day of operation must be purchased same day from a permitted grocery or other retail food store. (C) Each temporary establishment shall be required by the regulatory authority to have at least one person on -site who has a minimum of an accredited food handler certification. (2) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b) and §10.02.003(d), (3) Ice that is consumed or that contacts food shall have been made under conditions meeting the requirements of Food Code, Chapter 3 - Food. The ice shall be obtained only in blocked, chipped, crushed, or Cubed form and in §Ingle -use safe plastic or wet -strength paper bags filled and sealed at the point of manufacture. Ice for consumption shall be held in the bags until it is dispensed and be dispensed in a way that protects it from contamination. (4) Equipment and utensils. (A) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (B) Equipment shall be located and installed and cleaned in a way that prevents food contamination and that also facilitates cleaning of the temporary food establishment, (C) Equipment for cooling or heating food and holding cold or hot food shall be adequate in number and capacity to provide: food temperatures as specified in Food Code, Subparts 3-401-403 and 3-501. (D) Food -contact surfaces of equipment shall be protected from contamination by consumers and other sources. Where necessary to prevent contamination, effective shields for such equipment shall be provided. (E) Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a three -compartment sink, may be used when there are special cleaning needs or constraints and the regulatory authority has approved the use of alternative equipment, Each compartment shall be large enough to immerse the largest piece of equipment that will be used. A means to heat water must also be provided. (6) A temporary food establishment shall provide only single -service articles for use by the consumer. (6) Water (A) Water from an approved source shall be made available in a temporary food establishment for food preparation, handwashing, and for cleaning and sanitizing utensils and equipment, (B) Water sloes not need to be under pressure but shall come from approved sources which include: (1) Commercially bottled drinking water; (H) Closed portable water containers; (iii) Enclosed vehicular water tanks; (iv) On -premise water storage tanks; or (v) Piping, tubing or hoses connected to an approved source. (7) Packaged food may not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water, (8) All waste water and sewage generated from the temporary food establishment shall be disposed of through an approved sanitary sewage system that is: (A) A public sewage system; or (B) An individual sewage disposal system that is sized, constructed, maintained, and operated according to 30 TAC Chapter 285. (9) Handwashing facilities shall include a container with a spigot that provides potable, clean, warm -water; a wastewater container; soap; disposable towels; and a waste receptacle. Handwashing facilities are not required if the only food items offered are commercially pre -packaged foods that are dispensed in their original containers. (10) If graded to drain, a floor may be concrete, machine -laid asphalt, dirt, or gravel covered with mats, ply -wood, removable platforms, duckboards if covered with mats, or other suitable materials approved by the regulatory authority, such as tarps, that effectively control dust and mud. (11) Ceilings and outer openings of food preparation areas. (A) Walls and ceilings shall be made of wood, canvas, or other materials that protect the interior of the establishment from the weather, windblown dust, birds, and debris. (B) The outer openings shall be protected against entry of insects and rodents by: (i) 16 mesh to 26 4 millimeters (16 mesh to 1 inch) screens; Properly designed and installed air curtains; or (iii) Other effective means. (C) §10.02.007(b)(11)(B) does not apply if flying insects and other pests are absent due to the location of the temporary food establishment or other limiting conditions. (12) Applicants shall be limited to four (4) Temporary Food Establishment permits in any twelve (12) month period. No permit shall issue to the same applicant within 30 days of the issuance of a previous Temporary Permit. (A) Upon Issuance, a permit will count against the 4 per 12-month period limit of both the applicant as well as any person present at the Temporary Food Establishment as required under §10.02.007(b)(1)(B). (B) Application for a Temporary Food Establishment permit must be submitted to the regulatory authority no later than seven (7) days before the starting date for the period of operation listed in the application. (c) Bed and Breakfast (1) General (A) A bed and breakfast extended, in addition to licensing with the applicable regulatory authority, shall comply with the minimum requirements of this Division if the establishment; (i) Has more than seven rooms for rent; or (ii) Provides food service other than breakfast to overnight guests. (B) A bed and breakfast food establishment that provides food service to customers in addition to its overnight guests must comply with the rules and regulations applicable to retail food establishments, including licensing with the applicable regulatory authority. (C) A bed and breakfast limited: (i) Has seven or fewer rooms for rent; (ii) Serves only breakfast to overnight guests; (iii) is not a retail food establishment; and (Iv) Complies with §10.02.007(c)(2). (2) The owner or manager small successfully complete a food manager's certification course accredited by this Department. (3) Food shall be obtained from approved sources in accordance with Food Code, Subpart 3-201, §10.02.003(a), and §10.02.003(b), shall be in sound condition, and be safe for human consumption, (4) Food preparation and protection (A) Food shall be prepared and protected in accordance with Food Code, Chapter 3 - Food, (B) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §10,02.003(b), and §10.02.004(b). (5) Cleaning and sanitizing (A) A three -compartment sink shall be used if washing, rinsing, and sanitizing of utensils and equipment is done manually; or a two -compartment sink may be utilized if single service tableware is provided, and if an approved detergent sanitizer is used. (B) Cleaning and sanitizing may be done by spray -type or immersion dishwashing machines or by any other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils either by chemical or mechanical sanitization, (6) Employees shall conform to good hygienic practices as required in in Food Code, Subparts 2-301-304 and 2-401-402. (7) A restroom shall be available for use by employees, (8) All equipment and utensils shall be constructed of safe materials and maintained in good repair. (9) Handwash sinks (A) An accessible and conveniently located handwash sink shall be provided in or immediately adjacent to food preparation areas and restrooms. (B) Handwash sinks shall be used for no other purpose than handwashing. (10) All food contact surfaces, counters, or work surfaces in the bed and breakfast establishment shall be smooth, non -absorbent and easily cleanable. (11) I nseot proof/rodent proof (A) Food service preparation and storage areas shall be constructed and maintained to prevent the entry of pests and other vermin. (B) Pesticides and rodenticides shall be applied in accordance with Food Code, Subpart 7-206. (12) Equipment shall be provided to maintain time and temperature control for safety foods (TCS foods) at the temperatures required in accordance with Food Code, Chapter 3 - Food, (13) Impervious receptacles shall be provided for storage of garbage and refuse, (14) Sewage shall be disposed through an approved facility that Is: (A) A public sewage system; or (B) An individual sewage disposal system that is sized, constructed, j maintained, and operated according to law in 30 TAC Chapter 285, (15) Hot and cold water under pressure shall be provided and shall be from an approved source that meets the standards in accordance with; (A) State drinking water quality standards in accordance with 30 TAC §§290.38 - 290.47, and 30 TAC §§290.101 - 290,114, 290.117 - 290.119, 290.121, and 290.122; or (B) Private water system standards as provided in 30 TAG Chapter 290, Subchapter F, concerning transient noncommunity water systems. (d) Outfitter Operations (1) The regulatory authority may impose additional requirements to protect against health hazards that may be specific to these operations. (2) Food supplies, including ice, shall be obtained from approved sources described in Food Code, §3-201.11-17, §10.02.003(a), and §10.02.003(b). No home - prepared products shall be offered. (3) All food temperature requirements shall be met as contained in Food Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b), and §10.02,003(d). (4) Food preparation and protection for excursions (A) Except for §§10.02.007(d)(4)(B)-(D), all food shall be prepared and protected in central preparation facility and meet requirements contained in Food Code, Chapter 3 - Food. (B) Only commercially prepackaged ready -to -eat foods or ready -to -eat foods that have been prepared and packaged with no cooking at a central preparation facility may be served. (C) Raw time and temperature control for safety foods (TCS foods) may be cooked on -site if cooked and immediately served. (D) All food must be stored to protect from contamination in accordance with Food Code, Chapter 3 - Food. (E) TCS foods that require complex preparation must be served within the first 24 hours of the excursion departure time. () Leftover food shall not be re -heated or re -served. (5) Warewashing (A) Alternative manual warewashing equipment, such as receptacles that substitute for the compartments of a multi -compartment sink, may be used for washing and sanitizing utensils when approved by the regulatory authority. (B) An outfitter operation without effective facilities for cleaning and sanitizing tableware shall only provide single -service articles for use by food employees and consumers. (6) Ice usage (A) Ice that is used for cooling food may not be used for human consumption. (B) ice used for human consumption must be stored in a clean sanitized container that is properly constructed and maintained in good repair. (7) Potable water (A) Potable water shall be used on excursions for human consumption, food preparation, handwashing, and for cleaning and sanitizing utensils and equipment. (B) Potable water must be stored in a clean sanitized container that is easily cleanable and in good condition. (8) Handwashing (A) Handwashing facilities shall include; (i) A container with a spigot that can be turned on to allow potable, clean, water; Oi) A wastewater container; (iii) Soap; (iv) Disposable towels; and (v) A waste receptacle (B) Handwashing facilities are not required if the only food items offered are commercially prepackaged foods that are dispensed in their original containers. (9) All equipment and utensils intended for food contact shall be approved for food use. (10) Thermometers shall be provided, accurate, and accessible during excursions, (11) Impervious receptacles shall be provided for storage of garbage and refuse. (12) if food other than prepackaged ready -to -eat food is being served, at least one guide or instructor of the outfitter operation who is on the excursion shall successfully complete a food manager's certification course accredited by this Department. (13) An outfitter operation must have a central preparation facility as specified in §10.02,001(b)(20). (e) Self -Service Food Market (1) Self-service food markets shall comply with the minimum standards of this division. (2) Self-service food markets shall: (A) Be equipped with 2417 video surveillance records of consumers viewing, selecting, handling, and purchasing products that identify these consumers. Video surveillance records must be maintained and available for the regulatory authority for a period of 14 calendar days from the date of the video; and (B) Provide information to the regulatory authority as to the responsible party that will be available for routine inspections. (3) Pre -packaged food sold at a self-service food market shall: (A) Meet the labeling requirements as specified in Food Code, Paragraph 3-201,11(C); and (B) Be tamper evident. (4) A food specified in Food Code, Paragraphs 3-501.17(A) or (B) or §3- 501.18 shall be discarded if it: (A) Exceeds the temperature or time specified in Food Code, Paragraphs 3-501,17(A) and (B), except time that the product is frozen; (B) Is in a container or package that does not bear an expiration date or day; or (C) Is not appropriately marked with a date or day that exceeds the temperature and time combination as specified in Food Code, Paragraphs 3- 501.17(A) and (B). (5) All self-service food market display -units offering refrigerated, time and temperature control for safety foods (TCS foods) shall have an automatic shut-off control or a plays approved by the regulatory authority that prevents the market or market equipment from dispensing food if; (A) There is a power failure, mechanical failure, or other condition that results in failure of the equipment to maintain food temperatures as specified under Food Code, Chapter 4 Equipment, Utensils, and linens; and (B) Where a condition specified in §10.02.007(e)(5)(A) occurs, until the equipment is serviced and restocked with food that has been maintained at temperatures specified in Food Code, Subparts 3-202, 3-401-403, and 3-501, §10.02.003(b) and §10.02.003(d). (6) When a condition specified in §10.02.007(e)(5)(A) occurs, the ambient temperature may not exceed five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for a unit holding raw shell eggs only, for more than 30 minutes immediately after the display is filled, serviced, or restocked. (7) All self-service food market display -units offering TCS food, shall be: (A) Equipped with a self -closing door; or (B) Maintained at five degrees Celsius (41 degrees Fahrenheit), or seven degrees Celsius (45 degrees Fahrenheit) for raw shell eggs, if it is an open display unit. (8) Self-service food markets shall have a sign readily visible from the automated payment kiosk stating: (A) The name of the business to whom complaints or comments shall be addressed; (B) The address of the business responsible for the market; and (C) The responsible business's telephone number and email or web Information, when applicable. (9) When a retail food establishment operating as a self-service food market incorporates the provision §10.02.007(e), it will not be required to maintain a person in charge onsite as specified in Food Code, Paragraph 2-10111(A). (f) Food establishments listed under §§10.02.007(a) — (e) shall be bound to all regulations of this code and rules established by the regulatory authority beyond those listed in their applicable subsection. 10,02.008 Compliance and Enforcement (a) Use for intended purpose, public health protection. (1) The regulatory authority shall apply these rules to promote its underlying purpose, as specified in §10.02.001(a), of safeguarding public health and ensuring that food is safe, unadulterated, and honestly presented when offered to the consumer. (2) In enforcing the provisions of these rules, the regulatory authority shall assess existing facilities or equipment that were in use before the effective date of these rules based on the following considerations: (A) Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition; (B) Whether food -contact surfaces comply with 4-1401 of the Food Code); and (C) Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 4-301.11 of the Food Code, (b) Additional requirements, preventing health hazards, provision for conditions not addressed (1) If necessary to protect against public health hazards or nuisances, the regulatory authority may impose specific requirements in addition to the requirements contained in these rules that are authorized by law. (2) The regulatory authority shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant or permit holder and a copy shall be maintained in the regulatory authority's file for the food establishment. (c) Variances (1) The regulatory authority may grant a variance by modifying or waiving the requirements of these rules if in the opinion of the regulatory authority a health hazard or nuisance will not result from the variance. If a variance is granted, the regulatory authority shall retain the information specified in §10.02.008(c)(2) in its records for the food establishment. (2) Before a variance from a requirement of these rules is approved, the information that shall be provided by the person requesting the variance and retained in the regulatory authority's file on the food establishment includes; (A) A statement of the proposed variance of the rule requirement citing relevant rule section numbers; (B) An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant rule secflons will be alternatively addressed by the proposal; and (C) A HACCP plan if required as specified in §10.02.008(d)(1)(A) that includes the information specified in § 1 0.02.008(d)(2)(A), as it is relevant to the variance requested. (3) if the regulatory authority grants a variance as specified in §10.02.008(a)(1), or a HACCP plan is otherwise required as specified in §10,02.008(d)(1), the food establishment shall: (A) Comply with the HACCP plans and procedures that are submitted and approved as specified in §10.02.008(d)(2) as a basis for the modification or waiver; and (B) Maintain and provide to the regulatory authority, upon request, records specified in §§10.02.008(d)(2)(Q) and () that demonstrate that the following are routinely employed: (1) Procedures for monitoring critical control points; (ii) Monitoring of the critical control points; (ili) Verification of the effectiveness of an operation or process; .• (iv) Necessary corrective actions if there is failure at a critical control point. (d) HACCP plan requirements. (1) When a HACCP plan is required. (A) Before engaging in an activity that requires a HACCP plan, a food establishment shall submit to the regulatory authority for approval a properly prepared HACCP plan as specified under §10.02.008(d)(2) and the relevant provisions of these rules if: (i) Submission of a HACCP plan is required according to law; (ii) A variance is permitted under Food Code 3-401,11(B)-(D) or 3-502.11, or required under 3-502.11 or 4-204.110(B); or (N) The regulatory authority determines that a food preparation or processing method requires a variance based on an inspectional finding or a variance request. (B) A food establishment shall have a properly prepared HACCP plan as specified under 3-501.12 of Food Code. (2) For a food establishment that is required under §10.02.008(d)(1) to have a HACCP plan, the plan and specifications shall indicate, (A) Categorization of the types of potentially hazardous foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the regulatory authority; (B) A flow diagram by specific food or category type identifying critical control points and providing information on the following. (i) Ingredients, materials, and equipment used in the preparation of that food; and (ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved, (C) Food employee and supervisory training plan that addresses the food safety issues of concern; (D) A statement of standard operating procedures for the plan under consideration including clearly identifying: (i) Each critical control point; (H) The critical limits for each critical control point; (M) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge; (iv) The method and frequency for the person in charge to routinely verify that the flood employee is following standard operating procedures and monitoring critical control points; (v) Action to be taken by the person in charge if the critical limits for each critical control point are not met; and NO records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and (E) Additional scientific data or other information, as required by the regulatory authority, supporting the determination that food safety is not compromised by the proposal. (e) The regulatory authority shall treat as confidential in accordance with the requirements of the Public Information Act, Texas Government Code, Chapter 552, information that meets the criteria specified in law for a trade secret and is contained on inspection report forms and in the plans and specifications submitted as specifies! in §10.02.008(d)(2). (f) A person may not operate a food establishment without a valid permit or license to operate issued by the regulatory authority. (g) Upon acceptance of the permit issued by the regulatory authority, the permit holder in order to retain the permit shall: (1) Post the permit in a location in the food establishment that is conspicuous to consumers; (2) Comply with the provisions of these rules including the conditions of a granted variance as specified under §10.02.008(c)(3); (3) If a food establishment is required under §10.02.008(d)(1) to operate under a HACCP plan, comply with the plan as specified under §10.02.008(c)(3); (4) Immediately contact the regulatory authority to report an illness of a food employee due to Norovirus, Salmonella typhi, Shigella spp., Shiga toxin -producing Escherichia coli, or hepatitis A virus (a) Immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist as specified under §10.02.008(k); (6) Allow representatives of the regulatory authority access to the food establishment as specified under §10.02.008(i)(1); (7) Except as specified under §10.02.008(g)(8), replace existing facilities and equipment specified in §10.02.008(a) with facilities and equipment that comply with these rules if; (A) The regulatory authority directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted; (B) The regulatory authority directs the replacement of the facilities and equipment because of a change of ownership; or (C) The facilities and equipment are replaced in the normal course of operation; (8) Upgrade or replace countertop, under -counter and open -top refrigeration units located in the food preparation area as specified under FDA 2017 Food Code 3- 501.16, if the circumstances specified under § §10.02 M8 (g)(7)(A) - (G) do not occur first; (9) Compiy with directives of the regulatory authority including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the regulatory authority in regard to the permit holder's food establishment or in response to community emergencies; (10) Accept notices issued and served by the regulatory authority according to law; and (11) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with these rules or a directive of the regulatory authority, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives. (12) Established listed under§10,02,007 shall be subject to §10.02.008(g). (h) Regulatory authority should inspect each food establishment at least once every six months. If the regulatory authority cannot meet this frequency, inspection frequency shall be prioritized based upon assessment of a flood establishment's history of compliance with these rules and. the potential for causing foodborne illness by evaluating: (1) Past performance, for nonconformance with these rules or HACCP plan requirements that are critical; (2) Past performance, for numerous or repeat violations of these rules or H ACCP plan requirements that are noncritical; (3) Past performance, for complaints investigated and found to be valid; (4) The hazards associated with the particular foods that are prepared, stored, or served; (5) The type of operation including the methods and extent of food storage, preparation, and service; (6) The number of people served; (7) Whether the population served is a highly susceptible population; and (8) Any other risk factor deemed relevant to the operation by the regulatory authority. (i) Competency and access (1) An individual conducting inspections of retail food establishments should be a Registered Professional Sanitarian in Texas or a Sanitarian -in -Training in Texas, as defined in 16 Tex, Admin. Code § 119.2 or should meet the FDA Voluntary National Retail Food Regulatory Program Standards basic curriculum and field training elements in order to: (A) Assure application of basic scientific principles, including HACCP principles of food safety, during inspections; (B) Properly conduct foodborne illness investigations; (C) Assure uniformity in the interpretations of these rules; and (D) Assure fair and uniform enforcement of these rules. (2) After the regulatory authority presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the regulatory authority to determine if the food establishment is in compliance with these rules by; (A) Allowing access to the establishment; (B) Allowing inspection, and; (C) Providing information and records specified in these rules and to which the regulatory authority is entitled according to law during the food establishment's hours of operation and other reasonable times, (3) If a person denies access to the regulatory authority, the regulatory authority shall: (A) Inform the person that: (1) The food establishment is required to allow access to the regulatory authority as specified under this section; (ii) Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under §10.02.008(g)(6); and, (iii) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection warrant, may be obtained according to law; and (B) Make a final request for access. (4) If after the regulatory authority presents credentials and provides notice as specified under §10.02.008(i)(2), explains the authority upon which access is requested, and makes a final request for access as specified in §10.02.008(i)(3), the person in charge continues to refuse access, the regulatory authority shall provide details of the denial of access on an inspection report form. (5) If denied access to a food establishment for an authorized purpose and after complying with §10.02.008(i)(2), the regulatory authority may Issue, or apply for the issuance of, an inspection warrant to gain access as provided in law. 0) Report of findings (1) The regulatory authority shall document on an inspection report form: (A) Administrative information about the food establishment's legal identity, street and mailing addresses, inspection date, and other information such as status of the permit, and personnel certificates that may be required; and (B) Specific factual observations of violative conditions or other deviations from these rules that require correction by the permit holder including: (1) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, applicatiian of HACCP principles, and the requirements of these rules specified under FDA 2017 Food Code 2-102; (H) Failure of food employees and the person in charge to demonstrate their knowledge of their responsibility to report a disease or medical condition as specified under Food Code 2-201; (iii) Nonconformance with critical items of these rules; (iv) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the regulatory authority as specified under §10.02.D08(c)(3); (v) Failure of the person in charge to provide records required by the regulatory authority for determining conformance with a HACCP plan as specified under §10.02.008(d)(2)(D)(vi); and (vi) Nonconformance with critical limits of a HACCP plan; and (C) A summary of the inspectional findings that totals weighted demerit values for the inspection items. (2) The regulatory authority shall specify an the inspection report form the time frame for correction of the violations as specified under §10.02.008(k)(1), §10.02.008(1)(1), and §10.02.008(m). (3) At the conclusion of the inspection and according to law, the regulatory authority shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt. (4) if any person refuses to sign acknowledgment, the regulatory authority shall: (A) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in §10.02.0080)(3) that: (i) An acknowledgment of receipt is not an agreement with findings; (ii) Refusal to sign an acknowledgment of receipt will not affect the permit holder's obligation to correct the violations noted in the inspection report within the time frames specified; and (iii) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the regulatory authority's historical record for the flood establishment; and (B) Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings. (5) Except as specified in §10.02.008(e), the regulatory authority shall treat the inspection report as a public document and shall make it available for disclosure to a person who requests it as provided in law. (6) For the purposes of Chapter 437, Texas Health and Safety Code, the Department adopts the Retail Food Establishment Inspection Report farm as specified in the following figure. (7) Every food service establishment in the City of Beaumont except temporary food service establishments and retail food establishments, shall; (A) Display at the entrance of the food establishment, a placard approved by the regulatory authority stating the sanitary condition received at the time of the most recent inspection of the establishment. (B) Immediately following each inspection of a food service establishment, the regulatory authority shall issue an appropriate notice in accordance with §10.02 .0086), (C) Sanitary conditions of establishments shall be: (i) 100-90 being deemed an A letter grade; (ii) 89--80 being deemed a B letter grade; (iii) 79--75 being deemed a C letter grade; (iv) 74-70 being deemed a D letter grade, and any grade below 70 requires immediate closure and a follow-up inspection. (k) Imminent health hazard. (1) Ceasing operations and reporting. (A) Except as specified in §10.02.008(k)(1)(B), a food establishment shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health. (B) A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard. (2) If operations are discontinued as specified under §10.02.008(k)(1) or otherwise according to law, the permit holder shall obtain approval from the regulatory authority before resuming operations, (1) Critical violations, time frame for correction (1) Timely correction. (A) Except as specified in §10.02.008(1)(1)(0), the food establishment shall at the time of inspection implement immediate corrective actions of a critical violation of these rules and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit. (B) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the regulatory authority may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the food establishment to correct critical rule violations or HACCP plan deviations. (2) Verification and documentation of correction (A) After observing at the time of inspection a correction of a critical violation or deviation, the regulatory authority shall enter the violation and information about the corrective action on the inspection report. (B) As specified under §10,02.008(1)(1)(B), after receiving notification that the food establishment has corrected a critical violation or HACCP plan deviation, or at the end of the specified period of time, the regulatory authority shall verify correction of the violation, document the information on an inspection report, and enter the report in the regulatory authority's records. (C) When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall initiate immediate corrective action on all identified critical violations and shall initiate corrective action on all other violations within 48 hours, One or more reinspections shall be conducted at reasonable time intervals to assure correction. (D) In the case of temporary food establishments, all critical violations must be corrected immediately and other violations must be corrected within 24 hours or sooner if required by the regulatory authority. If violations are not corrected, the establishment shall immediately cease food operations until authorized to resume by the regulatory authority. (m) Other violations, time frame for correction. (1) Except as specified in §10.02.008(m)(2), the food establishment shall correct other violations by a date and time agreed to or specified by the regulatory authority but no later than 90 calendar days after the inspection. (2) The regulatory authority may approve a compliance schedule that extends beyond the time limits specified under §10.02.008(m)(1) if a written schedule of compliance is submitted by the food establishment and no health hazard exists or will result from allowing an extended schedule for compliance. (n) The regulatory authority may examine and collect samples of food as often as necessary for the enforcement of these rules. A receipt for samples shall be issued by the regulatory authority. The department shall, upon written notice to the owner or person in charge specifying the reason therefore, place under detention any food which it has probable cause to believe is adulterated or misbranded in accordance with the provisions of the Texas Food, Drug, and Cosmetic Act, Texas Health and Safety Code, Chapter 431. (o) Investigation and control. (1) The regulatory authority shall act when it has reasonable cause to believe that a food employee has (A) Possibly transmitted disease; (B) May be infected with a disease in a communicable form that is transmissible through food; (C) May be a carrier of infectioUs agents that cause a disease that is transmissible through food; or is affected with a boil, an infected wound, or acute respiratory infection, by: (i) Securing a confidential medical history of the employee suspected of transmitting disease or making other investigations as deemed appropriate; and (ii) Requiring appropriate medical examinations, including collection of specimens for laboratory analysis, of a suspected employee and other employees. (2) Based on the findings of an investigation related to a food employee who is suspected of being infected or diseased, the regulatory authority may issue an order to the suspected food employee or permit holder instituting one or more of the following control measures: (A) Restricting the food employee; (B) Excluding the food employee; or (C) Closing the food establishment by summarily suspending a permit to operate in accordance with law. (3) Based on the findings of the investigation as specified in §10.02.008(o)(1) and to control disease transmission, the regulatory authority may Issue an order of restriction or exclusion to a suspected food employee or the permit holder without prior warning, notice of a hearing, or a hearing if the order. (A) states the reasons for the restriction or exclusion that is ordered; (B) states the evidence that the food employee or permit holder shall provide in order to demonstrate that the reasons for the restriction or exclusion are eliminated; (C) states that the suspected food employee or the permit holder may request an appeal hearing by submitting a timely request as provided in law; and (D) provides the name and address of the regulatory authority representative to whom a request for an appeal hearing may be made, (4) The regulatory authority shall release a food employee from restriction or exclusion according to Texas Health and Safety Code, Chapter 438, §438,033, and the following conditions; (A) A food employee who was infected with Salmonella typhi if the food employee's stools are negative for S. typhi based on testing of at least three consecutive stool specimen cultures that are taken; (i) Not earlier than one month after onset; (ii) At least 48 hours after discontinuance of antibiotics; and (iii) At least 24 hours apart; (B) If one of the cultures taken as specified in §Vlll(o)(4)(A) of this paragraph is positive, repeat cultures are taken at intervals of one month until at least three consecutive negative stool specimen cultures are obtained; (C) A food employee who was infected with Shigella spp. or Shiga toxin -producing Escherichla coli if the employee's stools are negative for Shigella spp, or Shiga toxin -producing Escherichia toll based on testing of two consecutive stool specimen cultures that are taken: (i) Not earlier than 46 hours after discontinuance of antibiotics; and, (ii) At least 24 hours apart; and (D) A food employee who was infected with hepatitis A virus if: (i) Symptoms cease; or (ii) At least two blood tests show falling liver enzymes, Reporting of communicable diseases. (1) Certain persons, as required in §97.2 of the Tex, Admin. Code, shall report certain confirmed and suspected foodborne diseases. (2) Confirmed and suspected cases of the following diseases, including, but not limited to the following, are reportable: botulism; campylobacteriosis; Mptosporidiosis; Escherichia coli 0157:H7; hepatitis A, acute viral; listeriosis; salmonellosis; shigellosis; trichinosis; and Vibrio infection. (3) Reporting of communicable diseases shall be done in accordance with §97.4 of the Tex. Admin. Code. (4) Persons required to report communicable diseases shall report to -the local health authority, or in the case where there is no local health authority, the report shall be made to the Department's Regional Director as required in §97.5 of the Tex. Admin. Code, (5) Local health authorities and regional directors shall report communicable diseases to the Department as provided for in §97.6 of the Tex. Admin. Code. Sec. 10,02.009 Adoption of U.S. Public Health Service Machine Vending Ordinance. The definitions, the requiring of permits for the installation and operation of vending machines, the prohibition of the sale of adulterated or misbranded flood or drink, and the enforcement of this section shall be regulated in accordance with the terms of the unabridged form of "The Vending of Food and Beverages--1978 Recommended Sanitation Ordinance of the Food and Drug Administration," a copy of which shall be on file in the office of the city clerk; provided that the words "municipality of" in said unabridged form shall be understood to refer to the City of Beaumont and provided further that sections 6-601 and 6-602 of said unabridged ordinance shall be deemed deleted. (1958 Code, sec. 14-19; Ordinance 84-32, sec, 3, adopted 2/14184; 1978 Code, sec. 11-2) Sec. 10,02.010 Peddling, selling of certain items in public places prohibited. Sec. 10.02,003 Peddling, selling of certain items in public places prohibited. (a) It shall be unlawful for any person to peddle, sell or offer for sale beverages served by the glass, hot tamales, enchiladas, red hots, wieners, sausages, hamburgers, fresh and salt water fish and all other marine life, sandwiches or any other similar food products easily contaminated by dust, dirt or flies, along or upon any public street, sidewalk, alley or any other such public easements or rights -of -way in the city. (b) It shall be unlawful for any person to sell or offer for sale ice cream, sherbet, flavored ices or other frozen dairy products along or upon any public streets, sidewalks, alleys or other public easements or rights -of -way within the city unless said products are individually packaged frozen dairy products sold from vehicles equipped with refrigeration facilities adequate to maintain temperatures sufficient to ensure that the products remain frozen, The products shall be prepackaged frozen dairy products manufactured, frozen and packaged by a frozen dairy foods products plant licensed by the Department of state health services. Any person who sells or offers for sale packaged frozen dairy products from refrigerated vehicles shall first obtain a permit as provided for in this chapter. Following the issuance of a permit, each vehicle operating under said permit shall be inspected once every six (6) months on the premises of the health Department. Revocation of permits shall be in accordance with this chapter. (1958 Code, sec. 14-2; Ordinance 82-30, sec. 1, adopted 3123/82, 1978 Code, sec. 11- 18; Ordinance adopting Code) 10.02.011-10.02.030 Reserved Division 2. Licenses Sec. 10.02,031 Issuance; standard fees (a) Upon approval of the application of all applicants, as filed with the health Department, the Health Department shall issue to the applicant a license or permit. (b) The amount of the license fees for applicants for each location, other than as otherwise provided in this article, shall be determined as follows: (1) Establishments having from zero to ten (10) stools or chairs: $150. (2) Establishments having from eleven (11) to twenty (20) stools or chairs; $225. (3) Establishments having from twenty-one (21) to thirty (30) stools or chairs: $250. (4) Establishments having from thirty-one (31) to fifty (50) stools or chairs: $275. (5) Establishments having from fifty-one (51) to seventy-five. (75) stools or chairs; $300. (6) Establishments having from seventy-six (76) to one hundred (100) stools or chairs; $326. (7) Over one hundred and one(101) stools $350. (8) Special food service establishments (per day): 220.00. (9) Temporary food service permit (per day): $30, Each additional day of the temporary permit a $15 fee will be charged. A $16 fee will be charged if the application is turned in less than a week in advance of the proposed event. (10) Establishments needing vending machine licenses: $55.00. (11) Establishments needing seafood/wholesale licenses: $44,00, (12) Establishments needing seafood/retail licenses: $22.00. (13) Establishments needing produce/wholesale licenses: $55.00, (14) School cafeterias, public or parochial: $55.00. (15) Seasonal food service establishments. $82.50. (16) Retail food stores with zero (0) to two (2) checkout counters: $192,50. (17) Retail food stores with three (3) to five (5) checkout counters: $247.60. (18) Retail food stores with six (6) to nine (9) checkout counters: $302.50. (19) Retail food stores with ton (10) or more checkout counters: $357,50. (20) Low risk mobile unit (per year): $100. (21) High risk mobile unit (per year): $250. (c) Nonprofit organizations which are youth oriented or elderly oriented shall pay a license fee which is fifty (50) percent of the fees established above in §§10.02,031(b)(1) (15), The term "youth oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) percent of whom are less than eighteen (18) years of age. The term "elderly oriented" shall mean nonprofit organizations which provide services to persons more than fifty (50) percent of whom are sixty-five (65) years of age or older. The term "nonprofit organizations" shall mean those organizations which have been granted an exemption or are exempt from the payment of federal income taxes. (d) Retail food stores that have an existing city -licensed food service facility shall pay a license fee which is fifty (50) percent of the fees established above in §§10.02.031(b)(18) - (21). (1958 Code, secs, 14-9, 14-20; Ordinance 83-120, sec. 1, adopted 9/27/83; Ordinance 84-15, sec. 1, adopted 1/17184: Ordinance 84-32, sec. 7, adopted 2114/84; Ordinance 84-146, sec. 3, adopted 11/13/84; Ordinance 85-67, sec. 1, adopted 5128/85; Ordinance 00-05, sec. 1, adopted 114/00; Ordinance 03-104, sec. 1, adopted 1219/03; 1978 Code, sec. 11-4; Ordinance 07-025, sec, 3, adopted 3/20107; Ordinance adopting Code) Sec. 10.02.032 When fees chargeable; proration of fees; expiration The annual license fee shall be chargeable on ail licenses issued after the first day of January up to and including the thirty-first (31st) day of July of each year, and one-half the annual fee for all licenses issued after the thirty-first day of July and through the thirty-first day of December of each year except for seasonal, special event and temporary food set -vice establishments, All licenses shall expire on the thirty-first day of December of each year. Annual renewal fees for established businesses that are not received by January 31 are considered late, Late payments are subject to an additional 25 percent penalty on February 1 and an additional 5 percent penalty will be charged for each subsequent month, until payment is received. (1968 Code, secs. 14-10, 14-21; Ordinance 84-146, sec, 4, adopted 11113184; 1978 Code, sec. 11-5; Ordinance 07-025, sec. 4, adopted 3/20/07) Sec. 10.02.033 Display Each person required to pay fora license hereunder shall keep such license displayed in a conspicuous place in each establishment operated. (1958 Code, sec. 1.4-14; 1978 Code, sec. 11-6) Secs, 10.02.034-10.02.060 Reserved Division 5. food Service Manager's Certificate Sec. 10.02.132 Certification required It shall be unlawful for any person owning, operating, directing, or managing any food service establishment, catering operation, or any place or vehicle regulated by the city food service sanitation ordinance where food or drink is manufactured, produced, processed, prepared, or otherwise manipulated, within the city, to fail to keep in his employ a manager, assistant manager, supervisor, or other person in charge of said establishment who has a valid and current food service manager's from an accredited program approved by the Texas Department: of State Health Services. (Ordinance 84-32, sec. 8, adopted 2114/84; 1978 Code, sec. 11-82) Sec. 10,02.133 Exemptions (a) Food manager certificates will not be required for the following: (1) Food service establishments providing only beverages, popcorn, p repackaged foods, or commercially prepared candy or nuts; (2) Nonprofit organizations except those operating schools, day cares, nursing homes, halfway houses or boarding homes; (3) Food service establishments inspected at least once in each week by state or federal food sanitation inspectors; (4) Temporary or special event food service establishments; and 1�: (5) or supplying food to vending machines. Per §228,221 of the 2021 Food Establishment Rules persons operating a mobile food unit must obtain a food managers certification. (b) For the purposes of this division, a nonprofit organization shall mean an organization which has been granted an exemption or is exempt from the payment of federal income taxes. (Ordinance 84-32, sec. 8, adopted 2/14184; Ordinance 84-146, sec, 5, adopted 11113/84; 1978 Code, sec. 11-83) Sec. 10.02,134 issuance (a) A food service manager's certificate shall be issued to any person who submits the required issuance fee, and. (1) Completes foodservice manager's certification course or shows evidence of completion, within the past five (5) years, of a course of study which is listed in the Department of state health services worker's training program course registry, and achieves the required minimum score of seventy-five (75) points out of a possible one hundred (100) points on a written examination administered or approved by the regulatory authority. An applicant who fails to achieve a minimum score of seventy-five (75) on the written examination may repeat the examination one (1) time without repetition of the food sanitation course of study; The City of Beaumont no longer offers the food managers certification course, (2) Provides evidence of certification within the past five (5) years by an agency which administers a national examination determined by the Department of state health services and/or the US, Food and Drug Administration to be content valid and legally reliable; or (3) Provides an associate's or bachelor's degree, or the equivalent, awarded within the past five (5) years, in restaurant or hotel and restaurant management from an accredited college or university. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code, sec. 11-84; Ordinance 07-025, sec. 7, adopted 3/20/07) Sec. 10.02,136 Term; transfer A food service manager's certificate shall be valid for five (5) years from the date of issuance. The expiration date will be written on each certificate issued. No certificate shall be transferable from one person to another person. (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec, 2, adopted 1115/91; 1978 Code, sec. 11-85) Sec. 10.02.136 Recertification Per the Texas Department of State Health Services, the food manger certification examination may be taken at any accredited examination provider or training program. Certification is valid for five years. Sec. 10.02.137 Revocation (a) A food service manager's certificate may be revoked by the regulatory authority on a finding that any of the following grounds exist: (1) That the food service manager interfered with an inspection of the food service establishment by agents of the regulatory authority; (2) That violations of the city's food service sanitation ordinance exist in the food service establishment; (3) That the certified food manager knowingly falsified any information supplied on an application for certification issued under this division; (4) That the certified food manager or any employee of the food service establishment has made use of a food service manager's certificate which has not been duly issued by the regulatory authority. (b) Prior to revocation of a food service manager's certificate, the regulatory authority shall give written notice to the holder of the certificate and to the owner of the food service establishment in which the food service manager is employed. Such notice shall state: (1) The grounds upon which the city will seek revocation of the certificate; (2) That revocation becomes final ten (10) days after notice unless a written request for hearing is filed with the regulatory authority before expiration of the ten-day period. (c) The notice required by this division is considered served when it is delivered to the holder of the certificate, and the owner of the food service establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the certificate and the owner of the food service establishment. A copy of the notice shall be filed in the records of the regulatory authority, (d) The hearing provided for in this division shall be conducted by the regulatory authority at a time and place designated by the regulatory authority. After completion of the hearing, the officer designated by the regulatory authority to conduct the hearing shall make written findings as to whether or not the certificate is to be revoked. If the hearing officer revolves the certificate, written notice of such revocation shall be served on the food service manager and the owner of the establishment with a copy of the findings. Upon receiving written notice that the food service manager's certificate has been revoked, the food service manager shall surrender the certificate to the regulatory authority. (e) If the food service manager fails to appear at the hearing at the time, place, and date specified, the city shall present sufficient evidence to establish a prima facie case showing that an act or acts have been committed which constitute grounds for revocation of the certificate. (f) In the event a certificate is revoked, the city shall not be liable for any refund of any part of the fee paid for the certificate. (g) A person whose food service manager's certificate has been revoked shall not be granted a new certificate until such person has attended a course of training and passed the required examination subsequent to the revocation, and met all requirements of an initial applicant. (h) Food service manager's certificates remain the property of the city environmental health division and must be surrendered to the regulatory authority to be voided when the permit has been revoked, (Ordinance 84-32, sec. 8, adopted 2/14/84; Ordinance 91-6, sec. 2, adopted 1/15/91; 1978 Code, sec. 11-87) Sec. 10.02.139 Certificate to be displayed in establishment Food service manager certificates shall be prominently posted in the establishment in a place acceptable to the regulatory authority. (Ordinance 84-32, sec. 8, adopted 2/14184; 1978 Code, sec. 11-89) That the statement and findings set out in the preamble to this ordinance are hereby in all things approved and adopted. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of February,2023. - Mayor Robin Mouton - 2 March 14, 2023 Consider amending Chapter 22 of the Code of Ordinances Sections 22,02.001 and 22.02.002. TEXAS TO: FROM: PREPARED BY: MEETING DATE: REQUESTED ACTION: BACKGROUND City Council Kenneth R Williams, City Manager Todd Simoneaux, Chief Financial Officer March 14, 2023 Council consider amending Chapter 22 of the Code of Ordinances Sections 22.02.001 and 22.02.002. On February 21, 2023, Council held a work session to discuss Water & Sewer Revenue, Fund Balance and Operations. During the work session, a discussion was held regarding the billing rates for apartment complexes and mobile home parks. Section 22.02.001 (d) and Section 22.02.002 ((f) state the following for water and sewer service rates: "Apartment complexes and mobile home parks with four (4) or more units shall be billed a minimum monthly water service rate for 7 5 % of the number of units at the 5/8-inch meter rate. Additional usage above and beyond the minirnrum usage will be billed based on rates set by this section," Amending the Ordinance by removing part (d) from Section 22,02.002 and removing part (f) from. Section 22.02,002 would generate additional revenue estimated to be $775,000 per year by charging 100% of all units the monthly minimum service rates. FUNDING SOURCE Not Applicable. RECOMMENDATION Approval of the Ordinance. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 22, ARTICLE 22.02, SECTIONS 22.02,001, SECTION 22.02.002, OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS TO REMOVE PART (D) FROM SECTION 22,02.001 AND REMOVING PART (F) FROM SECTION 22.02.002. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 22, Article 22,02, Section 22,02,001 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22.02.001 Water service rates (a) Effective October 1, 2022, the following rates per month shall be the rate charged for water service furnished to customers inside and outside of the corporate limits of the city except as provided in subsection (b) of this section: Meter Size/Inches Inside City Rate Outside City Rate 5/8 $15.52 $23,28 1 $17.20 $25.80 1-112 $18,87 $28.31 2 $23.55 $35.33 3 $47,84 $71.77 4 $58.01 $87.00 6 $104.57 $156.85 8 $143.80 $215.71 10 $197.89 $296.83 12 $246.70 $370.05 Usage rate first i,000 gallons Minimum Minimum Over 1,000 gallons $per 1,(l00 gallons $5.25 $7,87 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($5.25), (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with Water Customer Services. Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. Section 2. That Chapter 22, Article 22.02, Section 22.02.002 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22,02,002 Wastewater rates (a) Effective October 1, 2022, the following rates per month shall be the rate charged for wastewater services furnished to customers inside and outside of the corporate limits of the city where the wastewater produced by such customer is a normal strength wastewater (150 mg/1lb) except as provided in subsection (b) of this section: Meter Sizelinches Inside City Rate Outside City Rate 518 $9.94 $14.90 1 $10.10 $15.14 1-112 $10.26 $15.39 2 $11.15 $16,72 3 $12,61 $18,91 4 $18.47 $27.71 6 $30.29 $45.44 8 $37.00 $55.50 10 $50.48 $75.71 12 $63.90 $95.85 Usage rate first 1,000 gallons Minimum Minimum over 1,000 gallons $ per 1,000 gallons $4.72 $7.07 (b) Senior citizens who comply with subsection (c) below will receive a discount equivalent to one thousand (1,000) gallons of water ($4.72). (c) Eligible senior citizens shall mean customers residing in a single-family residence who are over the age of sixty-five (65) years. To obtain the monthly minimum charge deduction, persons eligible must file a sworn application on a form provided therefor, with Water Customer Services, Upon approval of the application the senior citizen's monthly minimum charge shall be applicable for the life of the applicant. (d) Commercial and industrial sewer usage charges shall be based on one hundred (100) percent of the metered water usage, In circumstances where a commercial or industrial customer desires a credit for metered water being consumed but not being returned to the sanitary sewer, it shall be the responsibility of the user to furnish to the Director of Water Utilities an engineering report, certified by a professional engineer, that justifies and supports the discharge reduction as being a continuous normal part of the process. Based on the date provided, the Director of Water Utilities may estimate said return or require submetering of the process water. Meters used for submetering shall be furnished at the customer's expense and shall be approved by the Director of Water Utilities. Section 3. That Chapter 22, Article 22.02, Section 22.02.003 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Section 22.02.003 Payment of charges and deposits (a) All bills shall be computed at the herein described rates and shall be payable within thirty (30) days from the date of such bills. (b) Failure or refusal by any customer to pay any bill owed to the City, upon demand, shall constitute a breach of contract, The City Manager, or his designee, may, after proper notice, discontinue service to a customer for failure or refusal to pay any bill in full and on time. Customers may be allowed to enter into a payment plan with the City pursuant to policy approved by the City Manager. Services shall not be renewed until the customer has paid all delinquent bills or met the terms of a payment plan, plus the following applicable service charges: (1) Field collection: $20.00 (2) Disconnection: $25.00 (3) Unauthorized use: $35.00 (4) Meter removed: $50.00 (5) Service killed at the main line: $300.00 (6) Second trip for service turn -on: $15.00 (7) Turn -on fee: $15.00 (8) Returned check: $25.00 (9) Late Fee: $5.00 (10) Tampering fee: $100.00 (11) Equipment replacement: $146.00 (c) The notice to the user of failure or refusal to pay for water, sewer, and sanitation services shall provide for a hearing if requested by the user, A user may request and receive a hearing concerning termination of water service and termination shall not occur until a determination of the merits of the user's appeal is made by the person conducting the hearing. (d) An applicant for water service will be required to pay a cash deposit to secure payment of water, sewer, sanitation charges, or any other charges that may accrue. Residential customers will be required to pay a $100 deposit in order to commence service. Commercial and industrial businesses will require a minimum deposit of $250; however, higher deposits may be required based on the meter size and a two (2) month average consumption history for a similar type business and one of similar size. If there is an outstanding bill due, the customer's deposit will be applied towards the balance. If a portion or all of a deposit is used towards an outstanding bill, the difference, if any, will be required to be paid as part of the next bill and an additional deposit may be required. Failure to pay the additional deposit will forfeit the right to water, sewer and sanitation services and the same may be discontinued five (5) days after notice to pay such additional deposit. Customers who discontinue service or have their services turned off for nonpayment, will not have services restored at any address or location until all outstanding balances are paid. Section 4. That Chapter 22, Article 22.02, Section 22,02,005 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22,02,005 Testing water meters (a) Any customer to whom water is furnished through a meter shall have the right to demand that his water be tested for accuracy, and when the customer wishes such test made, he shall deposit with the Water Department thirty dollars ($30.00) for each meter he desires to be tested. (b) If any meter through which a customer is being supplied water is found, upon test, to be inaccurate by more than two (2) percent plus, the amount deposited for making such test is to be returned to the customer and all charges against the customer shall be credited for the proportionate amount the bill is increased because of over -registration of the meter. (c) If, upon such test, the meter is found accurate, the deposit of the customer shall be retained as a fee for making such test. If the meter is found slow by more than two (2) percent, then it will be the duty of the Finance Officer, or his designee, to charge the customer for any amount that may be due the City because of under -registration of the meter. (d) Any customer shall have the privilege of witnessing the test of his meter, and for that purpose shall be given notice of the time when such test is to be made. (a) Should a dispute arise between a consumer and the City as to the amount of any bill and as to the number of gallons of water used by such consumer, the consumer, complying with subsection (a), may have his meter tested. If, however, the consumer fails or refuses to have his meter tested, it shall be the duty of the City to make such test to determine whether the customer is being overcharged and shall advise the consumer that such test is to be made and the time thereof, and if such test is made and it is found the meter is correctly registering within a range of two (2) percent plus or minus, then the customer's bill, together with the testing charge above specified, shall become due and payable, and upon his refusal to pay same, the customer's water shall be cut off and no further services rendered until delinquent bills are paid. Section 5, That Chapter 22, Article 22.02, Section 22.02.006 of the Code of Ordinances of the City of Beaumont, be and the same is hereby amended to read as follows: Sec. 22,02.006 Water and sewer service outside city No water or sewer service shall be furnished to any subdivision outside the City unless and until a plan, plat, or replat shall have been first approved in the manner provided by law. If such plan, plat, or replat shall have been so approved in accordance with the state statutes, the City may, if it is deemed advisable, furnish water and/or sewer services to premises outside the city limits, under the following rules: 1. Any person residing outside of the City desiring to use City utilities shall make application to the Water Department requesting set -vice, which shall state the location of the premises to be served and the purpose for which service is to be used. Such application shall be made upon blanks furnished by the City and shall be signed by the agent or owner of the property to be served, and he will become liable for charges for water furnished under such services, and subject to the same remedial action as for service inside the City. 2, Water or sewer services to customers outside the city limits shall be rendered at a rate that is equal to one hundred fifty (1 50) percent of the rate established inside the city limits, Section 6. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8, That any person who violates any provision of this ordinance shall, upon conviction, be punished, as provided in Section 1,01.009 of the Code or Ordinance of Beaumont, Texas. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL. of the City of Beaumont this the 14th day of March, 2023, Mayor Robin Mouton - March 14, 2023 Consider authorizing the City Manager to apply for the Energy Efficiency and Conservation Block Grant through the State and Community Energy Program. TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Bart Bartkowiak, Director of Public Works MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to apply for the Energy Efficiency and Conservation Block Grant through the State and Community Energy Program. BACKGROUND The Office of State and Community Energy Programs has announced a call for projects for communities to apply for firnding assistance through the Energy Efficiency and Conservation Block Grant Program (EECBG). The intended purpose of the program is to reduce energy use, reduce fossil fuel emissions, and to improve energy efficiency. An eligible project category is to conserve energy used in transportation such as the implementation of bike lanes. The proposed project for consideration consists of redesigning the layout of Magnolia Avenue to consist of one travel lane in each direction, a center two-way left -turn lane, and dedicated bike lanes. The existing layout promotes speeding which has been reported by numerous citizens and confirmed by a traffic study indicating an 85th percentile speed of 43 mph with a traffic volume of about 2,500 vehicles per day. The proposed addition of dedicated bike lanes will provide narrower travel lanes, which is anticipated to reduce excessive speeding issues. The total project cost is estimated to be $180,000.00 with a let date that is to be determined. The program will cover all project costs up to $168,420.00, after which the city will be responsible for any overruns, which are currently estimated to be $11,580.00. The submittal deadline for the first application period is April 28, 2023. The City, through this resolution, is indicating its willingness to apply for the EECBG Program, and if awarded, commit to the project's development, implementation, construction maintenance, management, and financing of all non -reimbursable costs, and 100% of overruns should they occur. FUNDING SOURCE 94% Federal Funding with the remaining 6% from the Capital Program. RECOMMENDATION Approval of the resolution, 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 apply for the Energy Efficiency and Conservation Block Grant through the State and Community Energy Program for the redesigning layout of Magnolia Avenue, which is substantially in the form attached hereto as Exhibit "A," and made a part of hereof for all purposes. The meeting at which this ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of March, 2023, - Mayor Robin Mouton - ONlci121ISM RnNAAV VIIONOdW a SVX-ql `,LNOpvn vie j- w io E3 m� m a� S VallINAetq / 11 au€{4)leW �a°IIV=lesN r � -`. opq Ki rM ' m �i i A F y [� 3 .., U}66p VaullLmel'F ©aa114�leVi =1 nryq ONWIMISU anNaAV IIONDVW WX31 '.LNOPVnV38 JD A110 to AM a euli9*teVj 0 aull45MI f/ .3 aull45tpl'! a auilWlel9 )lw a aullwle3q 3 aulMle{'3 1— ONIdIAlIM WMAV VIIONOdW a SVX-9I '1Nopvnv3Q -q0 /}11O b oaull4�lel4 I{au114�lap7 f I�w1451pk4 E V A r=r E- c, I Own Y 1C331i � p ur ry. {..� E• _RIN iOl E m i . IM f lsrWWL h : z d oUt14a1pS'I `� eVllWieY! H aup4sl�il 7 p ONIdI iSM 3f1N3AVVIIONDVW SVX31 `.INOPVnV39 JO ADD m f aW1471eiq 1 aullpleul I K QuII4JIe1U f sull4imi uu•» I QVIM1t14 N au11471+'W z, JNIMISM if1 my V110NJVW WX31 'INOMnV3[310 AIIJ w aml w av1141R19 .1 PU!IgNWI MW Y1 14 ovII4 M'I it OU943TePI 1 1 04MOM4 ud�VUI clwfMU N OVIM vl'I F LU ONIdWISMI WINMV VIIONDIM a 4 ,NXIL `1NOW!]b' u JO A110 m K � a au114 )1ev9 0 Bull-43MI1 pau!!4>Ipl4 I i uAugpivil 1 aullimpl-1 I%yu U aullggew JNld1 ISM23 BnN3AV VIIONOVw WX4L 'INOnnv-qo -qO ADO � � � � LU 9 auft4�Aei'I l eUlnla Iq'i W E Yx �j ME Aq T.-y k=K � {- T fy'u 4 s �r K+ t! aullu�l�Pi S aUII4�1ptI 1 aUIUNI�I'J �i March 14, 2023 Consider amending Resolution 23-066 in support of Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, to reflect 61 units total. r TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 14, 2023 REQUESTED ACTION: Council consider amending Resolution 23-066 in support of Abiding Grace, a proposed Housing Tax Credit (HTC) project located in the 4200 Block of West Cardinal Drive, to reflect 61 units total. BACKGROUND Beaumont AG, LP, a subsidiary of 1TEX of Houston, is proposing to apply to the Texas Department of Housing and Coraniunity Affairs (TDHCA) for funding to develop Abiding Grace, a housing development, located in the 4200 block of West Cardinal Drive. Beaumont AG, LP initially requested a resolution supporting a seventy -unit (70) development. Council approved Resolution No. 26-066 on February 21, 2023. However, Beaumont AG, LP has requested that Resolution 23-066 be amended to reflect sixty- one (61) units. FUNDING SOURCE Not applicable. RECOMMENDATION Approval of the resolution amendment. RESOLUTION NO, 0 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) AMENDING THE NUMBER OF UNITS FOR THE PROPOSED DEVELOPMENT; (B) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (C) AUTHORIZING A POSSIBLE AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (D) AUTHORIZING SUCH OTHER ACTIONS NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION WHEREAS, on February 21, 2023, the City approved Resolution 23-066, evidencing support for a proposed housing development of seventy-two to ninety (72-90) units; and, WHEREAS, Beaumont AG, LP, a subsidiary of ITEX of Houston, Texas has requested an amendment to reduce the number of proposed units from seventy-two to ninety (72-90) to sixty-one (61) units; and, WHEREAS, the City Council is of the opinion to the request to amend the number of units for the development is in the best interest of the City of Beaumont and its citizens; WHEREAS, Beaumont AG, LP, is proposing to apply to the Texas Department of Housing and Community Affairs (the "TDHCA") for Housing Tax Credits to provide equity financing for a proposed new construction of a sixty-one (61) units senior housing development; such development to be called Abiding Grace (the "Development"), to be located in the northeast quadrant of Cardinal Drive and Fannett Road; and, WHEREAS, City Council wishes to evidence its support for this proposed Development in the City of Beaumont and to facilitate the possible award of Housing Tax Credits to the Development; and, WHEREAS, the Development will be located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total household in the census tract; and the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and therefore must specifically authorize the Development for the purpose of establishing the Development's eligibility for Housing Tax Credits under 10 TAC §11.3(e) and its eligibility for the 30% boost in Eligible Basis under 10 TAC §11 A(c)(1); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Development to be located in the northern quadrant of Cardinal Drive and Fannett Road, and that this formal action has been taken to put on record the opinion expressed by the City on this date for the purpose of 10 TAC §11.9(d)(1); and, BE IT FURTHER RESOLVED THAT as provided for in 10 TAC §11.3(e) and §11.4(c)(1), it is hereby acknowledged that the proposed Development will be new construction and is located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total households in the census tract and the City of Beaumont hereby confirms its support of the proposed Development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development; and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby supports the proposed Development, and confirms that its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development pursuant to Texas Government Code §2306,6703(a)(4); and, BE IT ALSO RESOLVED THAT the City of Beaumont hereby authorizes a fee waiver in the amount of at least $500.00 to the Development; and, BE IT ALSO RESOLVED THAT for and on behalf of the governing body, the City Manager is hereby authorized, empowered, and directed to certify these resolutions to the TDHCA; and, BE IT ALSO RESOLVED THAT the City Council hereby approves and authorizes the execution on behalf of the City of all other documents and writings whatsoever that may be necessary or convenient, in the reasonable opinion of the City Attorney, for carrying out these resolutions; and, BE IT ALSO RESOLVED THAT these resolutions shall be effective as of their date of passage by City Council. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 14th day of March, 2023. Mayor Robin Mouton - RESOLUTION NO.2.3-066 13E IT RESOLVED BY THE OITY COUNCIL OF THE CITY OF BEAUMONT: A RESOLUTION OF THE CITY OF BEAUMONT, TEXAS (A) EVIDENCING SUPPORT FOR A PROPOSED DEVELOPMENT TO BE BUILT IN BEAUMONT; (b) AUTHORIZING A POSSIBI.H AWARD OF HOUSING TAX CREDITS FOR THE DEVELOPMENT; AND (C) AUTHORIZING SUCH OTHER ACTIONS -NECESSARY OR CONVENIENT TO CARRY OUT THIS RESOLUTION, WHEREAS, Beaumont AO, LP, A Subsidiary of ITEX of Houston, Is proposing to apply to the Texas Department of Housing and Community Affairs (the "TDIACA") for }-lousing Tax Credits to provide equity financing for a proposed new construction of a seventy to ninety-two (70-92) units Senlor housing development; such development to be called Abiding Grace (the "Development"), to be located in the northeast quadrant of Cardinal Drive and Fannett Road; and, WHEREAS, City Council wishes to evidence Its suppotl for this proposed Development In the City of Beaumont and to facilitate the passible award of l-Iousing Tax Credits to the Development; and, WHEREAS, the Development will be located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total household In the census tract; and the City of Beaumont has more than twice the state average of units per capita supported by Housing Tax Credits or Private Activity Bonds, and therefore trust specifically authorii-e the Development for the purpose of establishing the Davelopment's ollgibiiity for Housing LXHIBIT "A" Tax Credits under 10 TAC §11.3(e) and Its eligibility for the 30 % boost in Eligible Basis under 10 TAC §11.4(c)(1); NOW,THEREFORE, BE 1T RESOLVED 13Y THE GITY GOUNGIL OFT HE CITY OF BEAUMONT: THAT the statements and findings set out in the pr©amble to this ►'esalrition are hereby, In all things, approved and adopted; and, THAT the City of Beaumont, acting through its governing body, hereby confirms that it supports the proposed Abiding Grace development to be located in the northorn quadrant of Cardinal Drive and l;annett Road, and that this formal. action has been taken to put on record the opinion expressed by the City on this date for the purpose of 10 TAC §11,0(d)(1); and, BE IT FURTHER RESOLVED THAT as provided for In 10 TAC §11.3(e) and §11,4(c)(1), it Is hereby acknowledged that the proposed Abiding Grace will be new construction and is located in a Qualified Census Tract that has more than 20% Housing Tax Credit Units per total households in the census tract and the City of 13eaumont hereby confirms its support of the proposed Abiding Grace development, and confirms that Its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing Tax Credits for the Development; and, BE IT ALSO RESOLVED THA`' the City of Beaumont hereby supports the proposed Abiding Grace development, and conflans that Its governing body has voted specifically to approve the construction of the Development and to authorize an allocation of Housing `fax Credits for the Development pursuant to Texas Government Code §2506.6743(a)(4); and, BE IT Al-80 RESOLVED THAT the City of Beaumont hereby authorizes a fee waiver In the amount of at least $600.00 to the development; and, BE IT ALSO RESOLVED THAT for and on behalf of the Governing Body, City Manager Is hereby authorized, empowered, and directed to cortify these resolutions to the TDHCA; and, BE IT ALSO RESOLVED THAT the City Gouncll hereby approves and authorizes the execution on behalf of the City of all other documents and whitings whatsoever that may be necessary or convenient, in the reasonable opinion of the City Attorney, for carrying out these resolutions; and, BE IT ALSO RESOLVED THAT these Iesolutions shall be effective as of 1 their date of passage by City Council, The meeting at which this resolution was approved was In all things conducted In stdot compliance with the Texas Open Meetings Aot, Texas Government Code, Chapter 551, PASSED BY THE CITY COUNCIL of the City of Beaumont this the 216t day of February, 2023. r � w Mayor Robin Mouton- PUBLIC HEARING • Receive comments on the amended Public Services and Public Facilities and improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). TEXAS TO: City Council FROM: Kenneth R. Williams, City Manager PREPARED BY: Chris Boone, Assistant City Manager, Community Services MEETING DATE: March 14, 2023 REQUESTED ACTION: Council conduct a Public hearing to receive comments on the amended Public Services and Public Facilities and Improvements line items of the Consolidated Grant Program's 2021 Annual Action Plan to include supplemental HOME ARP (American Rescue Plan). BACKGROUND The American Rescue Plan (ARP) Act of 2021 allocated $1,865,394 in supplemental HOME funding to the City of Beaumont. The appropriated funds are to address the need for homelessness assistance and supportive services. In accordance with the HOME ARP Grant Agreement, a city may use 5% of its total award for administrative and planning costs. ARP states that funds must be used to primarily benefit the qualifying populations through the four eligible activities: 1, Tenant Based Rental Assistance (TBRA) 2. Development and support of affordable housing 3. Provision of supportive services 4. Acquisition and development of non -congregate shelter (NCS) units The Administration is proposing to amend the 2021 Annual Action Plan to incorporate this funding in order to use these funds. As part of the HOME ARP program, public meetings were conducted to take input from our local nonprofit organizations that provide services to our homeless community. It was determined that Non -Congregate Shelter• and Tenant Based Rental Assistance (TBRA) needs were of greatest priority. Several agencies presented project ideas with preliminary costs. These proposed projects are attached. Based on the consultations and public meetings, Staff specifically proposes the following activities for the allocation: Acquisition & development of non -congregate shelter (NCS) units: $1,572,124 Tenant Based Rental Assistance (TBRA) $200,000 Administrative Expenses; $93,270 1 865 394 The proposed use of the HOME -ARP would be to allocate 84% of our total award to the acquisition and development of non -congregate shelter units due to increased and urgent need for this resource within the city. Tenant Based Rental Assistance (TBRA) would receive 11% of the total allocation. The remaining 5% would be allocated for administration and planning, per the grant agreement. As mandated by the U.S. Department of Housing and Urban Development (HUD), City Council has conducted public hearings and work sessions in order to adopting the City's Annual Action Plan. Planning & Community Development Staff, along with the Community Development Advisory Committee (CDAC), have hosted Public Hearings in order to receive public comments on the process and activities related to the 2021 Annual Action Plan, Attached is the proposed Amended Budget for the 2021 Program Year, The proposed budget reflects estimated allocations of $1,405,240 in Community Development Block Grant (CDBG) funding, an estimated $100,000 in Program Income, $514,688 in DOME funding and $1,865,394 in HOME -ARP funding. FUNDING SOURCE U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnership Grant funds. (HOME) RECOMMENDATION Conduct the Public Hearing. 2021 HUD CONSOLIDATED GRANT PROGRAM As of 5/14/2021 FINAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CLEARANCE AND DEMOLITION Funds will be used to demolish unsafe, unsanitary and uninhabitable residential structures located in low to moderate Income areas. PUBLIC FACILITY & IMPROVEMENT (Special Projects to be determined) HOUSING MINOR REPAIR — (Habitat for Humanity) Funds will be used to repair approximately 12 homes at $25,000 each, for the elderly and disabled. PROJECT DELIVERY COST — HABITAT FOR HUMANITY Rehabilitation Administration (Project Delivery Costs) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the housing Repair Program. PUBLIC SERVICES (15%) Public service Organizations Funds will be used for administrative and operating costs for various public service organizations that provide services to low/moderate income citizens. ADMINISTRATION (19%) Funds will be used for personnel and operating expenses necessary for compliance with the planning, execution, and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program. TOTAL ENTITLEMENT Program Income Small Business Loan, Historic Preservation Loan Fund, Clearance and Demolition *Program Income is Estimated TOTALCDBG HOME AFFORDABLE HOUSING PROGRAM Funds will be awarded to a non-profit housing development organization that will assist low/moderate income families in the process of acquiring a home (down payments assistance/closing costs, and mortgage buy downs), HOME ADMINISTRATION CHDO OPERATING (5%) (Community Housing Development Organization Operating) CHDO RESERVE (15%) (Community Housing Development Organization Reserve) ENTITLEMENT (70%) TOTAL HOME 2021 Budget 300,000 220,406 317,716 52,000 52,000 200,000 263,118 1,405,240 100,000 1,505,240 Budget 51,469 25,734 77,203 360,282 514,688 Facilities are wheel chair accessible and accessible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact (409) 785-4793 for further information. Esta instalacions ADA son accesible con estacionamineto para personas discapacitadas. En caso de ser necesarios los servicios interpretativos, por favor, pongase en contacto 48 horas antes de la reunion y se les proporcionara el servicio necesario. Telefono: (409) 785-4793 AMENDMENT TO THE 2021 HUD CONSOLIDATED GRANT PROGRAM HOME -ARP (HOME AMERICAN RESCUE PLAN ACT) BUDGET ACQUSITION AND DEVELOPMENT OF NON -CONGREGATE SHELTER UNITS 1,572,124 Funds will be used For non -congregate shelter units to support homelessness Needs. TENANT BASED RENTAL ASSISTANCE (TBRA) 200,000 ADMINISTRATION AND PLANNING OF HOME ARP GRANT 93,270 Funds will be used for administrative expenses necessary for compliance with the planning, execution and regulatory requirements associated with the implementation of the HUD Consolidated Grant Program and HOME -ARP Grant. TOTAL HOME ARP 1,865,394 DOME -ARP PROPOSALS FOR FUNDING $15865,394,00 Catholic Charities of SETX - $148,546 Derrick Owens (409-924-4421) Case Mgmt„ Housing/Mental Health Counseling, Supportive Services $45,192 Administrative Costs $103,354 (Top Heavy) Family Services of SETX - $ Deborah Tomov (409-833-2668) Building Non -Congregate Smelter Habitat for Humanity - $720,000 Elise Fulton Smith (409-832-5853 Build 4 duplex Domes (Permanent Supportive Rental Units) Contractor/Personnel Costs $520,000 (Top Heavy) Material Costs $200,000 Legacy CDC - $1,900,000 Vivian Batlou (409-365-9850) Build transitional housing/Comprehensive Supportive services/'1'BRA Building $1,080,000 Operating Budget S320,000 TBRA $500,000 Lone Star Legal - $205,802 Lisa Maddox (713-652-0077 ext. 1214) Supportive Services $1B,709 Administrative Costs $187,093 (Top Heavy) SETX Regional Planning Commission Sara Torres -Garcia (409-899-8444 ext. 6510) TBRA - Rental/Utility Assistance SpindleTop Center - $992,500 Site Landty (409-784-5400) Short 'Perm Emergency Housing $7,000 TBRA - Rental/Utility Assistanco $910,000 Ad in i it i st rative Costs $47,250 Supportive Services $28,000 The HOW Center - $480,000 Keri Leavell (409-832-7102) Build 6 room note -congregate shelter