HomeMy WebLinkAboutMIN DEC 14 1999 M I N U T E S - CITY OF BEAUMONT
Lulu L. Smith DAVID W. MOORE, MAYOR Andrew P. Cokinos
Guy N. Goodson CITY COUNCIL MEETING Becky Ames
Bobbie J. Patterson December 14, 1999 Audwin Samuel
Lane Nichols, City Attorney Stephen J. Bonczek, City Manager Barbara Liming,City Clerk
The City Council of the City of Beaumont, Texas, met in a regular session on December 14, 1999,
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
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items
* Consent Agenda
Mayor Moore called the meeting to order at 1:30 p.m. Mr. Lane Nichols, City Attorney, gave the
invocation. Mayor Moore led the pledge of allegiance.
Present at the meeting were: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames,
Samuel, and Patterson. Also present were: Stephen J. Bonczek, City Manager; Lane Nichols, City
Attorney; and Barbara Liming, City Clerk.
*Presentations and Recognitions
One proclamation was issued: National Safe and Sober Drunk and Driving Prevention Month,
December 1999.
Mr. Keith Rogers, Store Director at HEB Pantry, presented a coconut cake to Council in
appreciation for what they do toward making Beaumont one of the finest cities in America. Mr.
Rogers announced that HEB'S Feast of Sharing will be held Friday, December 17, 1999, from 3:00
p.m. to 7:00 p.m. and invited everyone to attend. He explained that this is a celebration for the
whole community and said their goal is to have 6,000 share in the feast.
Mayor Moore thanked Mr. Rogers and HEB for this community effort and commented that this
celebration exemplifies serving, communicating, and sharing food with each other.
Mr. John Breier, president of the Chamber of Commerce, thanked Council for their support of
economic development, asked for continued funding of the Chamber at the same level as the
previous year, ($50,000 for overall economic development program, and $7,500 specifically for
small and minority economic development initiatives), and outlined current and future initiatives of
their economic development program as shown in Exhibit "A."
*Public Comment: Persons may speak on scheduled agenda items
Citizen comment was invited on the Consent Agenda. No one wished to comment on these
subjects.
Consent Agenda
Approval of the minutes of the regular meeting held December 7, 1999.
Confirmation of committee appointments - Marty Craig, Planning Commission, for a term
expiring December 13, 2002. Resolution 99-366
A) Approve a resolution adopting an annexation plan as required by Senate Bill 89 that was
approved by the State of Texas 76th Legislature. - Resolution 99-367
B) Approve a resolution to allow Hibernia National Bank to pledge a security as additional
collateral for City accounts to be held at the Federal Reserve Bank, effective December 14,
1999 (pledge additional collateral to cover City deposits at Hibernia with a current market
value of$1,809,481.81)- Resolution 99-368
C) Approve a National Pollution Discharge Elimination System (NPDES) guidance document-
Resolution 99-369
D) Approve the acquisition of property for the Walden Road Improvement Project (Parcel 1A,
1 B, 1 C, 1 D, 120 feet east of Major Drive (2.898 acs), from Patrick Henry Phelan and Michael
Arthur Phelan, Trustees, in the amount of$85,500) - Resolution 99-370
E) Approve the acquisition of properties for the Concord Road Improvement Project (Parcel 81,
3710 Concord Road (0.061 ac), from Norman and Patricia Hegele Morrison, in the amount
of$2,540; Parcel 81 A, 3860 Concord Road (0.046 ac)from Patricia Hegele Morrison, in the
amount of$1,600; Parcel 102, 2375 Delaware Street, (0.011 ac) from John O. Cooper, Jr.
and Lorene C. Cooper, in the amount of$10,500) - Resolution 99-371
F) Authorize a payment for relocation expenses relating to the Concord Road Improvement
Project (Mr. Warren Haynes, in the amount of$1,566) - Resolution 99-372
G) Accept improvements constructed in Brownstone Estates, Section One for City Maintenance
- Resolution 99-373
H) Authorize the City attorney to file and prosecute a lawsuit (against Terry Samuel dba TJC
Investments) - Resolution 99-374
Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Smith
seconded the motion. MOTION PASSED.
Ayes: Mayor Moore, Councilmembers Smith, Goodson, Cokinos, Ames,
Samuel, and Patterson
Noes: None
The City Manager referenced the franchised tax credit program being an example of an initiative
of the Chamber of Commerce that provides money to organizations that serve the needs of youth,
businesses that pay a franchise tax can allocate approximately 50% of their net tax to be used for
a broad range of activities, said this goes into effect in January, and named organizations that can
possibly benefit from this tax. The City Manager spoke of receiving a request from the Better
Minutes;December 14, 1999;Page 2
Business Bureau for membership, commented on visiting Ward 5 in Houston with the Planning
Division Manager, the Housing Division Manager, and Charlton Pollard CHDO members to observe
exciting things they are doing in housing projects, and spoke of ongoing work to improve the
Charlton Pollard area. Mr. Bonczek stated that Council has received a new budget document, and
that he is moving toward a program performance based budgeting system, commented that a storm
water feasibility study discussed at a previous work session has begun, commended City
employees for donating to the food drive, and outlined the process to be presented to Council for
the City Manager's Performance and Planning Evaluation.
STRATEGIC ISSUES
Economic Development Department
*Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
After introduction of the subject by the City Manager, Planning Director Steve Richardson
outlined development of a proposed sign ordinance for an area in the west end of Beaumont
as detailed in Exhibit "B" and on the permanent tape of the City Council meeting. Mr.
Richardson referred to the type and size of permitted signs, a map defining the exact area
under consideration, and examples of monumental signs in other others. He said that all
legally existing nonconforming permanent signs shall be allowed to exist for a period of
seven years after passage of an ordinance to comply with new regulations.
Members of the Planning Commission expressed support of the proposal and spoke of this
being the location for future prime development and an opportunity to attract people and in
an up-to-date area.
Council discussion included notification to property owners and advertising agencies and
enhancement of other potential development areas.
Discuss legal opinion from the State Bar of Texas Ethics Department
Councilmember Audwin Samuel stated that in an effort to safeguard the integrity of his office,
he requested the State Bar of Texas Ethics Committee to given an opinion relative to his
representation of individuals involved with criminal matters that involve the Beaumont Police
Department and reported that they returned an opinion that he would be able to represent
criminal clients, if there is full disclosure and consent of both parties. (Shown as Exhibit "C.°)
Councilmember Samuel stated that he discussed matters of concern for him with the City
Attorney, asked for this item to be placed on the agenda to clarify his position and the
opinion, and requested the City Attorney to state his opinion.
City Attorney Nichols stated that a resolution could be structured providing the City's consent
that would include a requirement of full disclosure by Councilmember Samuel of his current
clients which the Beaumont Police Department has implicated. Then, as those clients are
retained, he would provide that kind of disclosure, and he would be asked to give details of
the nature of the offense, the officer involved, the name of the defendant, time and place,
and those type of details. The City would verify through the Chief of Police to determine
various special qualities that would require asking Councilmember Samuel not to accept that
particular representation. Mr. Nichols said, "I believe we could do it as a one time thing so
Minutes;December 14,1999;Page 3
that Council wouldn't have to take it up every time that Councilman Samuel is approached
to accept a client." Mr. Nichols spoke in support of establishing a system that would
complement a person to serve the public without giving up their livelihood and again
reiterated that such a resolution could be structured.
Clean Community Department
*Selling of Landfill Space
After introduction by the City Manager, Clean Community Director John Labrie reviewed the
status of the landfill and presented a proposal to solicit contracts for sale of landfill space for
an annual maximum of 100,000 that could generate $9,000,000 over a span of 18 years as
outlined in Exhibit "D" and on the permanent audio tape of the meeting.
*Recycling Program
Clean Community Director John Labrie summarized the progress and waning interest in
recycling by Beaumont residents as shown in Exhibit "E."
During a lengthy Council discussion included continuance of the program as it is, manned
and unmanned drop off sites, establishing a recycling fee, and elimination of the program.
Various opinions were expressed encompassing thoughts of environmental enthusiasts,
uncooperative participation, cost, and actual space saved at the landfill.
*Flexible Work Schedule
Clean Community Director John Labrie proposed beginning a flexible work schedule as
defined in Exhibit"F" that would provide for four ten hour work days per week for most of his
employees. This change would cause minimal adjustments for service to citizens, but would
be an incentive for employees and be efficient for the department.
Fire Department
*Fire Department Fees
Chief Micky Bertrand presented for consideration various fees that could be assessed for
Fire Department services in Exhibit "G." They included fees for spill/leak control/hazard
mitigation, standby situations, inspection and certificate fees, fire suppression activities,
alarm systems, heavy rescue services.
A lengthy Council discussion included concerns of public perception of charging for these
kinds of services, the probability that automobile and other kinds of insurance would cover
a great portion of any assessed fees, against charging for jaws of life equipment, flexibility
of not pursuing for payment and contract billing services.
Mr. Bruce Glover, a retired fireman, and owner of a contract billing service explained the
billing process and stated that the City could set guidelines for collection.
Central Services Department
*Civic Center Fees
Minutes;December 14, 1999;Page 4
Central Services Director Kirby Richard and Claudie Hawkins, manager of Community
Facilities, presented a proposal for an fee increase of twenty percent for rental of the Civic
Center, Julies Rogers Theatre, Fair Park Coliseum, Harvest Club, other buildings at the Fair
Grounds and Riverfront Park as shown in Exhibit "H." Ms. Hawkins reviewed the type of
events that rent our facilities, peak rental months, competition, seating capacity,
marketability, and future events.
Council discussion included a desire that solicitation for package theatrical products be
made, the type of market that can be attracted, providing entertainment for the youth as well
as adults.
Health Department
*Health Department Fees
Public Health Director Ingrid Holmes submitted proposed Public Health Department fee
increases outlined in Exhibit 'T" Ms. Holmes explained there is still provision in place for
those individuals who do not have the ability to pay for services.
Council discussion included queries about grant programs and animal control fees
responses by the Public Health Director that application has been made for the CHIP
program through the Texas Department of Health and that approval of the increases for fees
related to the Animal Control Division has been made by the Animal Advisory Committee.
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with Section
551.071 of the Government Code:
Allen Lee et al v. David Moore et al
There being no other business, the meeting adjourned at 4:40 p.m.
r
►1J
David Moore, Mayor
Barbara Liming, City'Clerk
Minutes;December 14, 1999;Page 5
i
� Economic Development Division
BEAUMONT CHAMBER OF COMMERCE
1
1
Presentation to City of Beaumont
City Council
December 14, 1999
1
A
� T
BER OF COMMERCE
AND READY FOR BUSINESS
P.O. Box 3150 • Beaumont, TX 77704 • (409) 838-6581
EXHIBIT"A"
E.AUMONT ® �
BEROFCOMMERCE
1/���AND READY fOR BUSINESS
December 14, 1999
The Honorable David Moore,
Mayor of the City of Beaumont
and Members of City Council
801 Main Street
Beaumont, Texas 77704-3827
Dear Mayor Moore and Council Members:
On behalf of the Beaumont Chamber of Commerce and the Economic Development
Council, I would appreciate your consideration of renewing the partnership and funding
assistance from the City of Beaumont toward our community's 2000 economic
development endeavors.
We cordially request economic development funding of$57, 500 from the City of
Beaumont. This includes the traditional $50,000 in economic development funding and
an additional $7,500 to fund our small/minority business economic development
program.
The 2000 fiscal year's funding campaign also includes underwriting by private
contributions made from Beaumont Chamber of Commerce members and area
employers. The funding goals for this private source economic development fund-raiser
campaign are S 167,467. We will earmark the $7500 funds for the small/minority
economic development program as a separate budget project under our Minority Affairs
Division.
We appreciate your continued support and look forward to working with you in the
future.
Sincerely,
John Breier,
President
An Accredited Member Of The United States Chamber Of Commerce
450 Bowie Post Office Box 3150 Beaumont,Texas 77704 409.838.6581 Fax 409.833.6718
1999 Annual Report
Economic Development
This was a year of transition for the economic development division with the hiring of new staff
and a renewed focus on economic development by the Chamber of Commerce.
The hiring of a president with a strong background as an economic development professional
was a major initiative to lead a more aggressive and innovative economic development program.
Other staff changes include a new director of economic development. The initial efforts include
some exciting and ambitious goals including the development of a Beaumont Strategic Economic
Development Plan for the next five years (1999-2004)which is ready for publication. The plan
contains recommendations and a road map to guide area industrial growth and retention
programs, recruitment efforts, and strengthen our overall economy. A new industrial growth and
retention program has begun with meetings scheduled with key business and industrial leaders to
express appreciation and identify business opportunities for growth in which the Chamber may
be of assistance. Meetings were held at the Port of Beaumont, Mobil Oil, Entergy, Memorial
Herniann Baptist Hospital, and with the New Orleans chief executive officer of Hibernia Bank so
far.
The Beaumont Strategic Economic Development Plan will include a marketing plan to focus
efforts on industries and industry clusters that best fit our business and industrial environment. It
will include new multi-media promotional materials including a video on Beaumont, which was
produced this past summer. The economic development program will further focus on small
businesses, recognizing that significant job creation occurs with small ventures, which grow and
expand over time. The Chamber intends to support small business by identifying market
opportunities, relationships and contacts to help small businesses grow.
AThe economic development division was represented by a twenty-four member council with the
mission to enhance the economic vitality of Beaumont through partnerships with the City of
Beaumont, Entergy, government entities throughout Jefferson County, and the Partnership of
Southeast Texas, the regional economic development corporation. The division sponsors regular
economic analysis panels who gather and share information about Beaumont and Southeast
Texas. Community areas represented on the panel include real estate, transportation, workforce,
and government. Other panelists include convention and tourism, retail, and downtown
redevelopment. Regular press conferences were held at the City Council chambers to report on
economic activity.
The announced projects for Beaumont and Southeast Texas during the 1998-1999 fiscal year
total $1.7 billion in capital investment and the creation of 948 new jobs and over 3000
construction jobs. Chamber staff responded to over 1000 companies and individuals interested in
information about or doing business in Beaumont. The ability to respond to requests for
demographics, trends, and resource information about the area is the cornerstone of any
economic development program. The continuous updating of materials and the web-site,
www.bmteoc.org is vital to stay competitive with other communities. The division publishes its
Good News About Southeast Texas and other publications highlighting current economic trends,
new development and expansions, and business prospects. A Manufacturers Directory has been
updated and prepared for publication.
The economic development division welcomes the proposed Entertainment Complex and has
offered staff and volunteers to participate in the planning for the 50-acre site. Several new
pdevelopment prospects and projects are underway including call centers, manufacturers, and a
response to the expected bid for a Texas State Veterans Home.
pA transportation focus was re-established to insure the continued development of a first class
transportation system for the City of Beaumont, realizing that transportation is an integral part of
economic development.
The emphasis began when railroad problems caused by the merger of the Union Pacific and
Southern Pacific Railroads were a source of concern to area businesses. The impact of the
mergers was monitored throughout the year. Support was given to the submission of a
transportation grant request for a new visitor's center at the Gladys City/Spindletop Museum.
Approval of this project is urged to coincide with the Spindletop Anniversary commemoration.
Chamber staff participated in the request for highway funds and road access to the proposed
Southeast Texas Entertainment Complex.
The major emphasis in the area of transportation has been the Port of Beaumont and the need to
find matching funds for a proposed Corps of Engineers study of navigation improvements to the
Sabine-Neches waterway. The Chamber has led the efforts to create attention and educate local
leaders and the public on this importance of the project. A meeting of area Chambers of
Commerce was organized on May 10 to emphasis the importance of the study as a regional
economic development issue. The Chamber further spearheaded efforts to establish a fund
raising committee composed of representatives from chambers of commerce, industry, port
authorities, economic development organizations and other entities. The County Judge appointed
an ad hoc committee in July. A series of meetings, press conferences and fund raising efforts are
underway.
The Southeast Texas Economic Development Foundation serves Jefferson and Orange Counties
and is expanding this year to Hardin County. A twenty-eight member board of directors will
expand to thirty-three with the addition of Hardin County. The foundation is a certified
development corporation for the Small Business Administration's 504-loan program and
provides growing businesses with long term fixed rate financing for acquisition of land, building
purchase and improvements to construct new facilities. Since December 1998, a record number
of loans were approved for financing which will double the loan portfolio of the foundation. The
new loans will create 74 new fobs and retain 107. The foundation is staffed by chamber of
commerce staff with the director of economic development serving as executive director.
Minorit Affairs
The minority affairs division received renewed emphasis with committee members placed in
each of the other divisions and a concerted effort to enhance all of the Chamber committees and
divisions with minority representation.
The division provided support to the Urban Education Summit held by the Beaumont
Independent School District. Twenty (20) scholarships were awarded between Lamar Institute
M of Technology and the Associated Builders and Contractors of Southeast Texas. The division
requested and received from the City of Beaumont funds that will assist the development of the
Fast Trac Entrepreneurial Training Program and other business development activities. Fast
Trac is aimed at providing education to potential entrepreneurs, assist them in developing strong
and growing companies, increase job creation, and stimulate economic development. The plan is
to develop new small and minority businesses and provide the training and mentoring to help
these businesses succeed. An orientation session concerning Fast Trac was held at the John Gray
Center on July 28 with 38 individuals in attendance. This group will serve as the beginning point
for additional training and mentoring activities.
Another major initiative was a bus trip to Austin, which occurred on September 22. A total of 65
local area businesses representing areas of Beaumont designated as historically underutilized
businesses (HUB) met with the staff of several state agencies and the University of Texas system
to learn how they can take advantage of the state's procurement opportunities.
2000 Program of Work
' F STATEMENT:
ont Chamber of Commerce serves its members and community as a catalyst to have a
positive impact on the economic well-being of Beaumont and the surrounding region.
ECONOMIC DEVELOPMENT DIVISIO
MISSION STATEMENT:
To enhance the economic vitality of Beaumont, Texas, through a process of"averaging up" the
factors that affect the growth of the economy.
• Focus on retention and job creation within existing industry and business.
J g Y
Contact corporate offices of top 10 businesses and industries to express appreciation and
identify growth opportunities.
• Identify locally owned businesses with potential for expansion and provide assistance in
growing their businesses.
• Continue to utilize FastTrac to enhance small and minority business.
• Target business groups for direct solicitation to aggressively market Beaumont through trade
shows, direct mail, market missions and trade allies to attract new industry.
• Maintain a co-operative marketing effort with Texas Department of Economic Development,
Partnership of Southeast Texas, Entergy, area realtors and other trade allies.
N • Host a"get to know" Beaumont for site selection consultants.
• Participate in 4 trade shows of specific industrials with the most potential for locating in
Beaumont
• Actively support the proposed Southeast Texas Entertainment Complex, downtown
Beaumont, and funding for the Neches River navigational improvement study.
Cooperate with City of Beaumont, Jefferson County, Port of Beaumont, Entergy, Partnership
of Southeast Texas, Texas Department of Economic Development and appropriate state and
federal agencies to accomplish Chamber economic development mission.
The economic analysis panel will meet quarterly to disseminate economic information to
leaders from the Beaumont area.
• Accountability Measures
-Unemployment below 7.0 Average 12 months
-Ad valorem tax base increase 3.5%
-Job growth increase 2.0%
MINORITY AFFAIRS DIVISION
MISSION STATEMENT:
This division shall work to create an inclusive atmosphere in all of the Chamber's activities, to
encourage membership and participation by minorities, and to actively recruit, mentor, and
champion the development of historically underutilized businesses in the Beaumont community,
i.e. ethnic minority businesses, women owned businesses, and small businesses.
• Recruit ethnic minority businesses and professional persons for Chamber membership and
board service.
• Develop initiatives to make ethnic minorities feel included in activities and develop a support
system within the Chamber of Commerce.
• Identify and communicate capital sources for entrepreneurs and existing businesses, i.e. 504,
city section 108, banks, abatement programs, etc.
• Develop the FastTrac Program. The program will provide training and educate new and
existing businesses.
• Develop strong mentor/incubator program by December 2000.
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Economic Development Council 2000
Eddie Arnold
Southwestern Bell Telephone
555 Main Street, Room 434
' Beaumont, TX 77701-3212
PHONE: (409) 839-6000 FAX: (409) 839-6002
Gene Arnold
' Small Business Development Center
855 Florida
Beaumont, TX 77705
' PHONE: (409) 880-2367 FAX: (409) 880-2201
' Larry Beaulieu
KFDM-TV Freedom Corporation
P. O. Box 7128
Beaumont, TX 77726-7128
PHONE: (409) 895-4606 FAX: (409) 895-4712
Stephen Bonczek
City Of Beaumont
tP. O. Box 3827
Beaumont, TX 77704-3827
PHONE: (409) 880-3716 FAX: (409) 880-3112
' Tom Burger
Mobil Oil Corporation
P. O. Box 3311
' Beaumont, TX 77704-3311
PHONE: (409) 757-3407 FAX: (409) 757-3840
' George W. Gardner
G.A.J. Investments & Associates, Inc.
4110 Washington Boulevard
Beaumont, TX 77705 — 1038
PHONE: (409) 842-0007 FAX: (409) 842-2226
Tom Gober
Entre Business Technology Center
229 Dowlen Road
Beaumont, TX 77706-5962
PHONE: (409) 860-3333 FAX: (409) 860-5387
Carl R. Griffith -
Jefferson County
P. O. Box 4025
Beaumont, TX 77704-4025
PHONE: 409 835-8466 FAX: 409 839-2311
Dan S. Hallmark
Hibernia- Beaumont
P. O. Box 2751
Beaumont, TX 77704-2751
PHONE: (409) 880-1210 FAX: (409) 880-1247
Bill Kimbrough
Port of Beaumont
5720 Pickwick
Beaumont, TX 77706-2626
PHONE: (409) 892-7927 FAX: (409) 835-0512
Robert Krienke
Lamar Institute of Technology
P. O. Box 10043
Beaumont, TX 77710-0043
PHONE: (409) 880-8185 FAX: (409) 880-8219
Charles Mason
Mason Construction, Inc.
6285 Walden Road
Beaumont, TX 77707-5505
PHONE: (409) 842-4455 FAX: (409) 842-4586
David Moore
City Of Beaumont
P. O. Box 3827
Beaumont, TX 77704-3827
g PHONE: (409) 880-3716 FAX: (409) 880-3112
Gary A. Moore
Lamar University
P.O. Box 10059
Beaumont, TX 77710-0059
PHONE: (409) 880-8603 FAX: (409) 880-8088
Ed Myers
Christus St. Elizabeth Hospital
P.O. Box 5405
Beaumont, TX 77726-5405
PHONE: 409 899-7102 FAX: 409 899-8191
I Milton Prewitt
J. M. Prewitt Company
P. O. Box 528
Beaumont, TX 77704-0528
PHONE: (409) 892-3000 FAX: (409) 892-3044
Ron Reed
Lamar Bank
P. O. Box 6007
Beaumont, TX 77705-6007
PHONE: (409) 838-4781 FAX: (409) 866-9808
Greg Shepard
Entergy-Texas
P.O. Box 2951
Beaumont, TX 77704-2951
PHONE: (409) 981-3814 FAX: (409) 981-2317
R. E. Wells
A E. I. du Pont de Nemours & Company
P. O. Box 3269
Beaumont, TX 77704-3269
PHONE: (409) 722-3451 FAX: (409) 727-9673
k
Minority Affairs Division
Sam Bean
NAACP
P.O. Box 1612
Beaumont, TX 77704-1612
PHONE: (409) 842-0294 FAX: (409) 840-6303
A. B. Bernard
BGI Enterprise, Inc.
P. O. Box 22077
Beaumont, Tx 77720-2077
PHONE: (409) 833-0303 FAX: (409) 833-0744
Paula Bothe
Four Alarm Productions, Inc.
P. O. Box 3546
Beaumont, TX 77704-3546
PHONE: 409 839-4475 FAX: 409 833-6963
Gayle Botley
Gayle W. Botley & Associates
550 Fannin Street, Suite 417
Beaumont, TX 77701-3102
PHONE: (409) 833-8757 FAX: (409) 833-8851
Tom Burger
Mobil Oil Corporation
P. O. Box 3311
Beaumont, TX 77704-3311
PHONE: 409 757-3407 FAX: (409) 757-3840
Johnny Casmore
Mobil Oil Corporation
P.O. Box 3311
Beaumont, TX 77704-3311
PHONE: (409) 833-9411 FAX: (409) 757-3840
1 Bessie F. Chisum
Chisum Resource Management
' 595 North 19th Street
Beaumont, TX 77706-5014
' PHONE: (409) 832-4466 FAX: (409) 832-4469
Christina Delgadillo
Bernsen, Goodson, Mann & Rothman, L.L.P.
550 Fannin, Suite 700
' Beaumont, TX 77701
PHONE: (409) 839-4444 FAX: (409) 839-4540
' Sharon D. Evans
Law Office of Sharon D. Evans
985 IH-10 North, Suite 104B
Beaumont, TX 77706-4815
PHONE: (409) 896-2929 FAX: (409) 896-5022
George W. Gardner
G.A.J. Investments & Associates, Inc.
4110 Washington Boulevard
Beaumont, TX 77705-1038
PHONE: (409) 842-0007 FAX: (409) 842-2226
' Tom Gober
Entre Business Technology Center
229 Dowlen Road
Beaumont, TX 77706-5962
PHONE: (409) 860-3333 FAX: (409) 860-5387
Edna Gonzalez
Golden Triangle Hispanic Chamber of Commerce
P.O. Box 3432
Port Arthur, TX 77642-3432
PHONE: (409) 983-1510 FAX: (409) 983-2031
Georgine Guillory
Revues
3690 South 11th Street
Beaumont, TX 77705
PHONE: (409) 842-1577 FAX: (409) 840-9143
Jessie Haynes
Haynes &Associates- Advertising,
Public Relations & Marketing
P.O. Box 4062
Beaumont, TX 77704-4062
PHONE: (409) 838-2222 FAX: (409) 835-1119
' Adrian Hudspeth
Hibernia- Beaumont
P.O. Box 2751
Beaumont, TX 77704-2751
PHONE: (409) 880-1226 FAX: (409) 880-1492
Delores Lungs
g
Community Bank
P.O. Box 3883
Beaumont, TX 77704-3883
PHONE: (409) 981-7000 FAX: (409) 981-7035
Ed Moore
Jefferson County Commissioner
Precinct 4
2040 Nora
Beaumont, TX 77705-3327
PHONE: (409) 835-8443 FAX: (409) 784-5803
Herman F. Rogers
Entergy-Texas
P.O. Box 2951
Beaumont, TX 77704-2951
PHONE: (409) 839-2133 FAX: (409) 981-2865
R. E. Wells
E. I. du Pont de Nemours& Company
P. O. Box 3269
Beaumont, TX 77704-3269
PHONE: (409) 722-3451 FAX: (409) 727-9673
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8.7 8.5 8.9 9.1 9.4 9.7 10.2 Gross Metro Product,C$B 10.4 10.6 - 11.1 11.4 11.7
2.4 -2.3 5.2 2.2 2.4 3.4 4.9 %Change 2.1 2.0 4.6 2.9 2.5
150.5 149.1 148.8 150.8 151.2 157.1 161.3 Total Employment(000) 164.2 167.3 173.1 176.7 179.4
0.1 -0.9 -0.3 1.4 0.2 3.9 2.6 %Change 1.8 1.9 3.5 2.1 1.5
9.3 11.4 10.1 9.8 9.1 8.0 7.2 Unemployment Rate 8.5 9.5 9.8 10.2 10.5
67 1.3 3.7 4.5 3.1 7.0 6.2 Personal Income Growth 5.6 7.0 8.0 7.5 6.9
369.2 373.0 373.6 374.8 374.1 374.5 375.6 Population (000) 377.4 380.8 384.9 389.0 392.6
893 1,212 692 531 640 603 857 Single-Family Permits 1,043 960 970 908 889
9 76 142 61 40 12 323 Multifamily Permits 111 133 142 134 137
61.9 63.2 64.9 62.6 68.4 69.2 74.1 Existing Home Price($Ths) 79.9 83.1 87.0 90.8 94.4
296 381 350 277 357 348 564 Mortgage Originations($Mil) 516 411 422 425 447
1.7 1.7 -1.3 -0.5 -2.2 -1.3 -0.6 Net Migration(000) 0.1 1.5 2.3 2.3 1.8
709 648 617 767 1,054 1,383 1,280 Personal Bankruptcies 1,307 1,375 1,416 1,453 1,487
STRENGTHS Recent Performance.Beaumont's job growth terest in and confidence about BEA's potential.
■Low living costs. is steady despite weakness in its core energy Spillovers.Much of BEA's economy is benefit-
s Strong income growth. industry.The jobless rate has risen two percent- ing from a significant turnaround in investor ex-
0 Petrochemicals have favorable outlook. age points,though part of the rise reflects acceler- pectations.At least part of the metro area's popu-
■Low business costs. ated labor force growth Credit conditions contin- larity with investors is driven by conditions out-
s Economic development efforts are successfully ued to improve with personal bankruptcy fil- side of BEA. National retailers searching for
attracting new businesses. ings declining steadily through mid-year. heretofore untapped markets late in the busi-
Transportation. One of BEA's competitive ness cycle are now moving into BEA.The MSA
WEAKNESSES advantages is good transportation access.This was not a first choice,but is now assessed as
■Sluggish population growth and migration advantage has been strengthened in recent one of the best of the remaining markets.
trends. months by a new shipping service route that The MSA's location in a rapidly growing area is
■Economic base not diversified. originates in Port Arthur. Following acquisi- cited as a reason for investing in BEA. Particularly
■Low per capita income. bons and joint ventures,rail freight can now in retailing growth is justifying more growth,cre-
travel from BEA to the East Coast in four days ating significant risk
W611111 V-.14�1110 • • rather than six and at less cost than before.By Some developments are improving the BEA's
June 1999 Employment Growth improving the market access of BEA produc- prospects and are expanding its core economic
Change YearAgo ers, the new shipping method allows existing activities,but these projects have had little ef-
BEA firms to compete better in the large east- feet on its current environment. BEA's job
Total 1.8 ern markets and serves as an important induce- growth is tracking the national average.Exclud-
yConstruction 7.2 ment to potential relocating firms. ing construction, the remaining economy's
Construction. One of the strongest BEA in- growth is sub-par.Per capita income is well be-
Manufacturing -0.7 dustries by far is construction. Many of the low the U.S.and state averages.Population growth
Trade 2.2 most recently announced projects will expand has improved in recent years,but at 0.3%it is one-
FIRE 1.9 the MSA's retail and entertainment options. third the U.S.average and one-sixth the state av-
J.01,2
Services Among the most notable, a $SO million 250- erage pace.BEA's prospects are improving;it is
Trans/Ulil acre entertainment park will be developed here. not,however,having a major expansion.
Gov't 1.6 The facilitywillbe able to accommodate the South Beaumont's economy is heavily dependent
Texas state fair as well as provide rodeo,con- on the energy industry,but unlike most other
-4 -2 0 2 4 6 8 10 cert pavilion,museum center and public park energy dependent metro areas, the MSA is
FORECAST RISKS space.The MSA's location on a major interstate much more dependent on refining and petro-
and the recent uptick in development in this chemicals than it is on production.Though
area were cited as reasons for the site's selec- demand for these downstream energy prod-
UPSIDE tion.A number of national chains have entered ucts is currently weak,longer term,chemicals
•Asia rebounds,increasing international the market or expanded strongly since January. and petrochemicals are poised to experience
chemical demand. RE1T activity.local developers are not alone robust demand,indicating that BEA's main in-
• Port improvements boost economy. in their positive assessment of BEA's outlook. dustry will prosper.The MSA's position as an
• Should the Gulf Coast High-Speed Corridor Among the 26 smaller Texas MSA's,the metro intermodal distribution center,proximity to
come to fruition,BEA would benefit greatly from area has attracted one of the largest shares of larger metro areas,lowbusiness costs and sig-
improved passenger access to Gulf markets. real estate investment trust(REM interest.Ac- nificant economic development incentives are
cording to data from SNLRELT Quarterly,21 sepa- attracting commercial investment to the area.
DOWNSIDE rate investments were held by these outside in- Despite sluggish population trends,BEA will
• Demand for chemicals from U.S.slows. vestors last year.Retail properties are the most be a solid performer for long-term growth
• New commercial investment too concentrated popular type,followed by apartments.This type Toni Horst
in retail and not in core economic activities. of investment activity indicates Wall Street's in- July 1999
Make-A-Prgcls 0 1999 Dismal Sciences,Inc.•600 Willowbrook Lane,Suite 600•West Chester,PA 19382.610696-8700.610-696-0875 fax•www.rfa.com
For the confidential use of subscribers.Although the information In this report has been obtained from sources that Dismal Sciences,Inc.believes to be reliable,
we do not guarantee Its accuracy,and such infon ation may be incomplete or condensed.
IL 1L a i i
Announced Projects in the Southeast Texas Region
EAUMONT (409) 838-6581
BEROFCOMMERCE Visit our Website: www.bmtcoc.ore
AND RED ADY FOR BUSINESS
Location Project New/Expansion Date Announced Capital Investment
Industrial
Beaumont Texas Thermowell New Jan-99 $480,000
Beaumont Port of Beaumont Expansion Mar-99 $300,000
Beaumont Port of Beaumont Expansion Mar-99 $3,214,104
Nome WEDCO Expansion May-99 $615,000
Commercial
Beaumont BISD Pietzsch-Mac Arthur New Jun-99 $15,869,200
Beaumont Autoplex 2000 New Jun-99 $800,000
Beaumont Trinity United Methodist Church Expansion Jul-99 $286,000
Beaumont Beaumont Bone &Joint Expansion Jul-99 $355,850
Beaumont Dr. Mark Benard's Office Expansion Jun-99 $378,000
G:\EC0-DEV\KAREN\NEWDEV.D0C
n i a i m i MM i � i i i i i i i i
Beaumont Orthodontic Center of America Expansion Jun-99 $110,000
Beaumont SJD Bmt. LTS Expansion Jun-99 $650,000
Beaumont Beaumont Tower Venture Expansion Jun-99 $151,000
Beaumont St. Elizabeth Cath Lab#4 Expansion Jun-99 $200,000
Beaumont Hotel Bmt. Renovations Expansion Jun-99 $5,316,000
Beaumont Josh Allen's New Office New Jun-99 $149,500
Broadway
Beaumont New Offices Washington Blvd. New Jun-99 $150,000
Beaumont City of Bmt. Parks&Rec. Bldg. New Jun-99 $404,000
Port Arthur Shear Delery Retail Strip New Oct-98 $250,000
Beaumont Cracker Barrell New Jun-99 $750,000
Beaumont Madison on the Lakes Apts New Jun-99 $7,272,000
Beaumont Taco Bell New Oct-98 $220,000
Beaumont Mirage Interest Building New Oct-98 $400,000
Beaumont Saturn of Southeast Texas Expansion Oct-98 $526,000
Beaumont Sam Goody Music New Dec-98 $250,000
Orange Southeast Texas Building New Jan-99 $602,500
Concepts
Orange Mueller, Inc New Jan-99 $988,000
fi i� i� i• i• i• it � iliilt� � � IIIIII� Illllllfi• IIIt• IIIIII� �■■. �. .... ...
Orange Jack In The Box New Jan-99 $500,000
Weingarten Retail Strip New Feb-99 $480,000
(New Roof) Parkdale Mall Renovations Feb-99 $836,000
Beaumont Kinsel Motors Expansion Feb-99 $700,000
Beaumont Taco Bell New Feb-99 $220,000
Beaumont HEB Pantry Foods Expansion Feb-99 $555,000
Orange McDonalds New Feb-99 $500,000
Lumberton HEB Pantry Foods New Mar-99 $300,000
Orange HEB Pantry Foods New Mar-99 $600,000
Port Arthur Albertson's New May-99 $600,000
Port Arthur Old Navy New May-99 $400,000
Services
Port Arthur St. Mary's Hospital Expansion Oct-98 4,943,560
Orange Super 8 Motel New Oct-98 $1,100,000
Beaumont Holiday Inn-Midtown Renovations Dec-98 $2,500,000
Bridge City Bridge City State Bank. New Mar-99 $1,025,000
Port Neches U.S. Post Office Expansion Mar-99 $304,000
M M M M M M m iiiiml ml Il A ® s (i1• r iiiiiililiiiiiiit O
Port Arthur Community Bank New Apr-99 $350,000
Beaumont Some Other Place Expansion Apr-99 $300,000
Beaumont Goliad House New May-99 $800,000
Misc.
Lumberton Lumberton High School Expansion Oct-98 $2,600,000
Vidor First Baptist Church New Oct-98 $1,600,000
Beaumont W. Ray Smith Middle School Renovations Oct-98 470,000
Nederland Jefferson County Airport Renovations Oct-98 $3,300,000
Nederland Jefferson County Tax Office New Oct-98 $220,000
Nederland Nederland High School Expansion Jan-99 $576,814
Port Arthur Diocese of Beaumont New Jan-99 $1,300,000
Beaumont Ozen High School Expansion Feb-99 $2,240,000
Beaumont KJAC-TV New Mar-99 $620,000
Nederland First Baptist Church New Mar-99 $2,132,000
Port Neches Port Neches Elementary Expansion Mar-99 $1,118,284
Beaumont South Park Church of Christ Expansion Mar-99 $340,000
Beaumont Chamber of Commerce
Economic Development Division
Budget 1999 — 2000
' Advertising 91500.00
' Dues 21626.00
' Subscriptions 332.00
Printing 6,911.00
Postage 2,000.00
Office Supplies/Equipment 6,400.00
Automobile 8,050.00
Telephone 800.00
Administration/Personnel 145 400.00
Rent/Maintenance 17,398.00
' Food 1,500.00
' Training 1,550.00
' Travel 1.5,000.00
Total 2179467.00
You've got plans for your business. •
And you're ready to grow.
W/ 1/6" C a n
Financing Is available for land,constructlon of new buildings,purchase
and renovation of existing buildings,machinery and equipment,for
businesses in Jefferson, Orange and Hardin counties.
The Southeast Texas Economic Development Foundation offers low
down payment,long term,favorable interest rate financing to small t
businesses who qualify. 1 'S
If your business is a for-profit corporation,partnership or proprietorship
and the company's net worth does not exceed$6 million, then we
may be able to help you meet your needs-up to$1 million. b "
CITY OF BEAUMONT
O ECONOMIC DEVELOPMENT
INTEROFFICE MEMORANDUN1
December 8, 1999
TO: Stephen J. Bonczek, City Manager
FROM: Stephen C. Richardson, Planning Manager
SUBJECT: Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District
COMMENTS
In its desire to enhance the quality of development in the City of Beaumont and thereby beautify the
City, the Planning Commission, with the consent of City Council, undertook the development of a sign
ordinance that would apply to an area in the west end of Beaumont. This area extends from 100 feet
west of Major to the south side of Hwy. 105 to 100 feet east of Old Dowlen Road to 100 feet east of
DJwlen Road to 100 feet south of Gladys. This large area is mostly vacant at this time but will be the
prime development area of Beaumont in the years to come.
This proposed ordinance would be applied to this area as an overlay district. The ordinance would
regulate signs only. Land use, setbacks, parking, etc. would be governed by the underlying zoning
districts.
The proposed ordinance would require that all detached owner identification signs be monument signs.
A monument sign is defined as "a sign that is an independent structure supported from grade to the
bottom of the sign with the appearance of having a solid base." In addition, off-premise advertising
signs (billboards) and bench advertising would be prohibited.
In an effort to get all existing signage to come into compliance, a seven (7) year amortization period
would be implemented for all legally nonconforming permanent signs (including biIlboards). In
addition, signs would be removed or made to comply with these regulations when fifty percent(50%)
or more structurally deteriorated or when there is a change in use, occupancy, or ownership which
necessitates the altering of the sign in any manner.
tephen C. Richardson
EXHIBIT "B"
SIGNS
. Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District Regulations.
(a) General Purpose and Description: The Major/Dowlen/Gladys/Hwy. 105
Sign Overlay District, in general is intended to preserve and improve the
physical environment in the City of Beaumont; promote the public safety,
welfare, convenience and enjoyment of travel and the free flow of traffic
along the streets in this area; ensure that signage provides the essential
identity of facilities along the streets, and prevent needless clutter in
appearance in the area.
This district supplements the regulations of the underlying zoning district
classifications. The Zoning Map shall reflect the designation of a
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District by the letters
"MD" as a suffix to the underlying zoning district classifications.
(b) Definitions: Unless the context clearly indicates otherwise, in this
Ordinance:
1) SIGN, ATTACHED shall mean a sign which is attached to or
painted on the outside face of a building. An attached sign is also
erected parallel to the face of the building, supported by the
building and does not extend more than eighteen (18) inches from
the face of the building wall or above the roof line of the building
to which the sign is affixed.
2) SIGN, DETACHED shall mean a sign which is wholly supported
by one or more columns, uprights or braces in the ground and has
no support to a building, canopy or facade.
3) SIGN, FENCE shall mean a sign attached or affixed to any type of
fence.
4) SIGN, MOBILE, shall mean a business sign used to advertise an
establishment or services which is on or affixed to trucks,
automobiles, trailers or other vehicles used primarily to support or
display such signs while parked.
5) SIGN, MONUMENT shall mean a sign that is an independent
structure supported from grade to the bottom of the sign with the
appearance of having a solid base.
6) SIGN, MOVING shall mean a sign which in whole, or part, does
1
not remain stationary at all times, regardless of the power source
which affects movement.
(c) Permitted S: The permitted uses in the MD,
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District, shall be
determined by the underlying zoning district classification.
(d) Boundaries: The boundaries of the Major/Dowlen/Gladys/Hwy. 105 Sign
Overlay District shall extend from one hundred (100) feet west of the west
right-of-way line of North Major Drive to the south right-of-way line of
Hwy. 105; along the south right-of-way line of Hwy. 105 to one hundred
(100) feet east of the east right-of-way line of Old Dowlen Road; from one
hundred (100) feet east of the east right-of-way line of Old Dowlen Road
to one hundred (100) feet east of the east right-of-way line of Dowlen
Road; from one hundred (100) feet east of the east side of Dowlen Road to
one hundred (100) feet south of Gladys Avenue; from one hundred (100)
feet of the south right-of-way line of Gladys Avenue to one hundred (100)
feet west of the west right-of-way line of North Major Drive.
(e) Area and Height Regulations: Minimum lot area, width, depth, yard and
building height shall be determined by the underlying zoning district
classification.
(f) Sign Regulation: Signs shall not be permitted within the
Major/Dowlen/Gladys/Hwy. 105 Sign Overlay District except as
specifically authorized in this section.
1) Permit Requirements. No sign, unless herein excepted, shall be
located, constructed, erected, altered, posted, attached or painted
until a building permit has been approved by the Building Official
in accordance with the requirements of this chapter and the
Standard Building Code.
2) Prohibited Signs. The following types of signs are prohibited in
this overlay district:
a) Off Premise Advertising Signs
b) Mobile Signs
C) Moving Signs
d) Portable Signs - For the purpose of this section, trailer signs
and signs on benches are considered to be portable signs.
e) Fence Signs
f) Banners, except for grand opening signs
g) Pennants, decorations or other attention getting devices.
2
3) Sims in Residential-MD Districts: Signs shall not be permitted in
Major/Dowlen./Gladys/Hwy. 105 Sign Overlay residential districts
except as specifically authorized in this section.
a) One (1) detached identification sign may be constructed at
each entrance to identify a single family residential
development of ten (10) acres or more. Such signs will be
subject to the following conditions and restrictions:
(1) Building wall signs will be prohibited.
(2) The sign must be for permanent identification of a
subdivision.
(3) The sign shall not exceed twenty (20) square feet in
area.
(4) The sign shall not exceed a height of five (5) feet
above the ground.
(5) The sign shall not be illuminated except by
reflective flood light type illumination. There shall
not be any flashing or intermittent lights.
(6) All parts of the sign may be located at the property
line.
(7) The sign shall meet the wind load requirements of
the Building Code.
b) One (1) detached owner-identification monument sign shall
be permitted for a multiple family development, non-
residential or institutional building for each abutting street,
subject to the following conditions and restrictions:
(1) The sign shall not exceed fifty (50) square feet in
area.
(2) The sign shall not exceed six (6) feet in height.
(3) The sign shall not have any flashing lights, any type
of intermittent illumination or revolve in any
manner.
(4) All parts of the sign may be located at the property
line.
(5) The sign shall meet the wind load requirements of
the Building Code.
C) One (1) attached owner-identification sign per multiple-
family dwelling development or institutional building shall
be penmitted for each street abutting the development
subject to the following conditions and restrictions:
3
(1) The sign shall be attached to or painted on the
outside of the building.
(2) The attached sign shall be erected parallel to the
face of the building, supported by the building and
shall not extend more than eighteen (18) inches
from the face of the building wall.
(3) The sign shall not exceed the height of the wall of
the building to which it is attached.
(4) The sign shall not be lighted except by reflective
flood light type illumination. There shall not be any
flashing or intermittent lights.
(5) No sign shall exceed 10 percent of the area of the
wall to which it is attached, or 150 square feet,
whichever is less.
4) Sins in Commercial and Industrial-MD Districts: Signs shall not
be permitted in Major/Dowlen/Gladys/Hwy. 105 Overlay
commercial and industrial districts except as specifically
authorized in this section.
a) One (1) detached owner-identification monument sign, and
one (1) additional detached monument sign for each
thoroughfare more than one (1) that abuts the property,
shall be permitted subject to the following conditions and
restrictions:
(1) The sign shall not be greater than six (6) feet in
height - the maximum height being measured from
the point established by a perpendicular line
connecting the crown of the roadway immediately
abutting the property on which the sign is to be
installed with the sign's nearest vertical support to
the property line.
(2) The sign shall not exceed sixty(60) square feet in
area.
(3) All parts of the sign may be located at the street
right-of-way and shall be located a minimum of ten
(10) feet from any other property line.
(4) The sign shall not have flashing lights or any type
of intermittent illumination.
(5) The sign shall meet the wind load requirements of
4
the Building Code.
b) One (1) detached owner-identification monument sign, and
one (1) additional detached monument sign for each
thoroughfare more than one (1) that abuts the property,
shall be permitted for multi-tenant structures subject to the
following conditions and restrictions: -
(1) The sign shall not be greater than twenty (20) feet in
height - the maximum height being measured from
the point established by a perpendicular line
connecting the crown of the roadway immediately
abutting the property on which the sign is to be
installed with the sign's nearest vertical support to
the property line.
(2) The sign shall not exceed two hundred (200) square
feet in area.
(3) All parts of the sign may be located at the street
right-of-way and must be located a minimum of ten
(10) feet from any other property line.
(4) The sign shall not have flashing lights or any type
of intermittent illumination.
(5) The sign shall meet the wind load requirements of
the Building Code.
C) One (1) attached owner-identification sign, plus one(1)
additional attached sign for each thoroughfare more than
one (1) that abuts the property, shall be permitted in west
end overlay commercial and industrial districts , subject to
the following restrictions:
(1) The sign shall be attached to or painted on the
outside face of the building.
(2) The attached sign shall be erected parallel to the
face of the building, supported by the building and
shall not extend more than eighteen (18) inches
from the face of the building wall.
(3) The sign shall not exceed the height of the wall of
the building to which it is attached.
(4) The sign shall not exceed 10% of the area of the
wall to which it is attached or 150 square feet,
whichever is less.
(5) The sign shall not have flashing lights or any type
of intermittent illumination.
(6) For multi-tenant buildings, the effective area
5
regulations apply to that portion of the building
facade leased by each tenant.
d) Exemptions: The following signs are exempted from the
requirements of this section:
(1) Changing of permitted copy of an existing bulletin
board, general advertising poster or paint panel(s),
display encasement, marquee, flat sign, detached
sign provided no increase occurs with respect to
either the area or nay such sign or the manner in
which it is structurally supported.
(2) Signs on trucks, buses or passenger vehicles which
are used in the normal conduct of business.
(3) Name plate and street address signs, less than three
(3) square feet in size.
(4) Non-illuminated real estate signs, temporary in
nature, not exceeding more than eight (8) square
feet in area, advertising real estate for sale or lease
or announcing contemplated improvements of real
estate; provided that only one such sign shall be
permitted on each street fronting the property.
(5) Construction signs, not to exceed forty(40) square
feet in area and not located in any required yard,
denoting the owner, architect, financial institution,
general contractor, subcontractor, or any statement
pertaining to the project; provided that there is only
one sign for each street abutting the premises.
(6) Warning, security and traffic directional signs less
than eight (8) square feet in area and four(4) feet in
height.
(7) Election signs temporary in nature, 60 days
maximum, less than eight(8) square feet in area and
five(5) feet in height and not illuminated, when
placed within a residentially zoned area. Election
signs must be removed within 10 days after the
election.
(8) Grand opening signs, not exceeding twenty (20)
6
square feet in area when it is an attached sign and
not exceeding twenty(20) square feet in area and
five (5) feet in height when it is a detached sign.
The sign shall contain the words"Grand Opening"
only and must receive a fifteen(15) day building
pen-nit from the City of Beaumont.
(9) Traditional and seasonal national, state and religious
holiday displays erected without advertising shall
not be subject to the provisions of this chapter, but
shall be subject to the fire code and of the City of
Beaumont.
(g) Continuation of nonconforming signs
1) All legally existing nonconforming permanent signs (including off-
premise advertising signs) shall be allowed to exist for a period of
seven (7) years from the effective date of this Section . At the end
of that time period, all nonconforming signs shall be removed or
altered to comply with these regulations. However, signs which
are fifty percent (50%) or more structurally deteriorated shall be
either removed or altered so as to comply with this Section. Signs
shall also be removed or altered so as to comply with the
regulations of this Section in instances where a change in use,
occupancy, or ownership occurs which necessitates the altering of
the sign in any manner.
7
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EXAMPLE O
MONUMENT SIGNS
Y
M:�nhall,
�`:` ;� '•�' ITALIAN GRILL ,
The Law Office o:f
Samuel and Associates
1 110 Pari: Audwin M. Samuel
su tc B50�
Beaumonr,Tex.i>7i:: Attorney and Counselor at Law
Phone: 14,x9) �+i•4111
Fax: (4N)
December 10, 1999
Stephen J. Bonczek
City Hall
801 Main Street
Beaumont, Texas
Re: State Bar Of Texas Opinion
Dear Mr. Bonczek:
In an effort to safeguard the integrity of the office of Beaumont City
Councilman, I requested an opinion from the State Bar Of Texas Ethics
Department concerning my ability to serve in the position of City Councilman
and represent clients having criminal cases that involve Beaumont Police
Department Officers. ( see attached opinion )
They concluded that my representation of a client that involves a
Beaumont Police Department officer while serving on the Beaumont City
Council would be permissible if there is full disclosure to each party, client
and the city, and both parties give consent.
I would like to bring this matter to the attention of the full council for
discussion and possible resolution as soon as possible. Thank you for your
time and consideration.
Sincerely,
Audwin M. Samuel
EXHIBIT "C"
Opinion 497
August 1994
Tea.Comm.on Professional Ethics,Op.497,V.57 Tea. B.J. 1136(1994)
QUESTION PRESENTED -
1. May Attorney X, while serving as a city commissioner on the city commission of a homerule
Texas city, represent persons charged with criminal offenses in the county and district courts where
the city police department participates in the investigation and/or arrest of the defendant? May
Attorney Y, his law partner, represent such persons?
2. May Attorney X represent persons charged with criminal offenses in the county and district
courts where members of the city police department are victims (i.e., assault on a peace officer)?
May Attorney Y represent such persons?
3. May Attorney X represent persons charged with criminal offenses in the county and district
courts where the arrest and/or search warrant in the case is issued by the city judge? May Attorney
Y represent such persons?
FACTS
Attorney X is a partner in a two-person firm in a small Texas city. Attorney X also serves as a city
commissioner on the city commission of this same homerule Texas city. The city has a city manager
form of government. The city commission hires only the city manager, city judge, and city attorney.
All other city positions are filled by the city manager under the city's charter. The city commission
does set the police department budget and appoint members to the civil service commission who
hear police disciplinary appeals, but has no control or input into the police disciplinary appeals
process other than the confirmation of appointments to the civil service commission. Attorney X
and his partner Attorney Y have a criminal and civil trial practice and take criminal cases both on a
retained and court appointed basis.
DISCUSSION
The applicable rules of the Texas Disciplinary Rules of Professional Conduct which govern this
situation are Rules 1.06(b)(2), 1.06(c)(2) and 1.06(f).
Rules 1.06(b)(2) prohibits the representation of a person if the representation reasonably appears to
be or becomes adversely limited by the lawyer's or law firm's responsibilities to another client or to a
third person or by the lawyer's law firm's own interests.
Although Attorney X does not exercise control over the day to day operations of the city police
department, as a City commissioner, he appoints the city manager, who does ultimately direct the
activities of the police department. Certainly, the actions of police officers within a city reflect upon
the city commissioners. By representing a person charged with criminal offenses where the city
police department participates in the investigation and/or arrest of the defendant, or where the
police officers are victims of a crime, Attorney X places himself in a conflict between protecting the
city's (and since he is a commissioner, his) interests and in protecting the interests of his client. This
situation would also place the police officers in the awkward position of performing their job duties
while dealing with a city commissioner who is acting as an attorney in the case.
As a city commissioner, Attorney X exercises even more control over the city judge than he does
over the police officers. The city commission actually hires the city judge. The actions of the city
judge in executing the arrest and/or search warrant, and any other action taken by the judge would
necessarily affect the welfare of the Attorney X's client. However, if the judge did not perform his
job properly, the welfare of the city, and hence that of the city commission which is the personal
interest of Attorney X, would be affected.
A similar issue was addressed in Ethics Opinion 429, wherein it was decided that a parttime
associate city judge may not represent a person accused of a crime where the police in that city are
or may be potential witnesses in the trial of that case.
Attorney X is a public officer, and, or such, is held to a high standard of integrity (Comment 7, Rule
8.04). Having an attorney who is a city commissioner involved in representation of criminal
defendants in which employees of the city are involved creates a conflict between the client's
interests and city's interests as well as the attorney's own interests. Such representation violates
Disciplinary Rule 1.06(b)(2). Further, since Attorney X may not represent these criminal defendants,
neither can his partner, Attorney Y. See Rule 1.06(0.
However, Rule 1.06(c) provides for the affected parties to consent to such representation. If lawyer
X believes that the representation of his client will not be materially affected by his service as a city
commissioner(and vice versa), and both the client and the city consent to such representation after
full disclosure of the existence, nature, implications, and possible adverse consequences of the
common representation and the advantages involved, if any, such representation would not be in
violation of the Disciplinary Rules.
CONCLUSION
The representation of a private client by Attorney X, who is also a city commissioner, and Attorney
Y, the law partner of Attorney X, in any of the three proposed situations would be a violation of
Disciplinary Rule 1.06(b), unless all parties give appropriate consent after consultation and full
disclosure pursuant to Rule 1.06(c).
INTER-OFFICE MEMORANDUM
caea"il r
I CITY OF BEAUMONT, TEXAS
October 13, 1999
TO: Stephen J. Boncz_ek, City Manager
FROM: John Labrie, Clean Community Director
SUBJECT: PROPOSAL TO INCREASE REVENUES
BY SELLING LANDFILL SPACE
COMMENTS :
The Clean Community Department has been deficit budgeting for the past two (2) years.
To increase revenue without rate increases, we could sell landfill space to others.
Currently only 18% of the waste entering the landfill is charged disposal fees. The
remaining 82% is hauled by city trucks and non-paying customers such as citizens,
Drainage District 6, and Goodwill Industries.
Landfill revenue and expense data follows:
E__ M A-C-ZUAL E.Y. M PROJECTED
Revenues $589,000 $644,000
Expenses X51.444 927,E
Revenue Shortage < <�283.000>
If the waste hauled by paying customers is increased by 100,000 cubic yards per year, it
would generate $500,000 annually without any additional operating expenses. However,
the life of the Landfill will be reduced from 21.5 years to 18.7 years. During F.Y. 1999, the
landfill received 850,000 cubic yards of waste and $644,000 of revenue. An additional
100,000 cubic yards would be a 12% increase in waste resulting in a 78% increase in
revenue. An additional $500,000 a year for 18 years represents $9,000,000 in exchange
for three (3) years of life.
„TH CP,IT "D"
Page 2
Interoffice to Stephen J. Bonczek
October 13, 1999
To address the question of"what happens after the Landfill reaches full capacity," the City
currently owns 250 acres of land adjacent to the southern boundary of the Landfill. This
250 acres would be proposed as the next landfill site. It would be the most cost effective
site since the City owns the property and it would be the easiest to permit since it would
be located adjacent to an operating permitted landfill without residential housing, schools,
churches or other public facilities in the immediate area.
It is my recommendation that we solicit contracts for waste disposal for a maximum of
100,000 cubic yards annually. In effect, we would be selling three years of space for
$9,000,000. 1 feel that this direction would be in the best interest of the City and a prudent
business decision.
Please notify me if you would like to discuss this proposal or would like additional
information.
h 4Labrief
JL:ljw
INTER-OFFICE MEMORANDUM
iii.., City of Beaumont, Texas
October 13, 1999
TO: Stephen J. Bonczek, City Manager
FROM: John Labrie, Clean Community Director
SUBJECT: REPORT ON CURBSIDE RECYCLING
COMMENTS :
City wide curbside recycling began in February 1992. Since that time the program has
experienced ups and downs in participation by residents,volume of materials recycled, and
market conditions. Over the years the department has addressed those ups and downs
by implementing program changes to address the various situations. Following is a brief
history of curbside recyc!ing:
DATE EVER T
11/90 Began pilot curbside recycling program
that served 1,500 homes or 5% of total
residential customers. Began once-a-week
garbage collection in pilot program areas.
02/92 Began citywide curbside recycling program.
Contracted with BFI to provide the collection
at $1.335 per household per month. Annual
contract cost of$525,000.
08/93 Selected by the State as one of five cities
to be designated as a "Clean Cities 2000
City". With this designation came $400,000
of unsolicited cash. Selection was made
based upon research by TNRCC personnel
into SWM programs.
F IHIBIT "E"
Page 2
Interoffice to Stephen J. Bonczek
October 13, 1999
DATE EVENT
02/94 Per BFI contract, cost escalated to $1.43
per household per month. Annual contract
cost $550,000.
02/95 Collection changed to bi-weekly. Entered
into new contract with BFI at $25,000 per
month for six months. BFI retained 100%
of proceeds from the sale of product.
07/95 City Council approved collection of recyclables by
City employees. Estimated annual cost of
$300,000 per year.
09/95 Contract awarded to BFI for one month's
collection at $27,200. BFI to continue collection
through 10/30/95. City retains 100% of the
proceeds from sale of product estimated to be
$13,000.
11/95 City employees began collection using
modified equipment.
01/96 Official kick-off curbside recycling program
totally operated by the City with recycling
trucks. Dropped colored glass from the program,
added paperboard/cardboard.
05/96 Returned to weekly collection in an effort
to increase participation and volume.
07/97 $90,000 contract awarded to Haynes and
Associates, a public relations firm, to do a
comprehensive recycling promotion and
education campaign that included radio,
t.v., and newspaper advertising and direct
mailouts to all customers. Grant funds
were used to pay for the contract.
Page 3
Interoffice to Stephen J. Bonczek
October 13, 1999
DATA EVFNT
10/98 Dropped glass, plastic, and steel/tin cans
from the program. Reduced collection crew
by two (2) employees and moved recycling
coordinator into administration budget.
07/99 $93,700 awarded to Media Management,
Inc. A public relations firm, to do a omprehensive
recycling promotion and education campaign that
included radio, t.v., and newspaper advertising
and a direct mailout to all customers. Grant funds
were used to pay for the contract.
Following is recycling data by fiscal year:
Fiscal Set out Volume Cost Revenue Net Cost Collection
Year Rate (Tons) ($) ($) ($) By
1993 33% 2,042 674,000 10,000 664, 000 BFI
1994 33% 2,344 659,000 18,000 641,000 BFI
1995 27% 2,289 565,000 23,000 542,000 BFI
1996 24% 2,068 370,000 86,000 284,000 City
1997 20% 2,325 388,000 90,000 298,000 City
1998 18% 2,328 360,000 105,000 255,000 City
11999 15% 1 1,620 1273,000 1 30,000 243,000 1 City
As shown above the cost of recycling was dramatically reduced when the City took over
collections. However, the cost/benefit is still of concern to the department. 1,620 tons of
F.Y. '99 recycled waste disposed in the landfill would use 2,593 cubic yards of landfill
space. During F.Y. '99, total landfill space used was 230,000 cubic yards. If 1,620 tons
Page 4
Interoffice to Stephen J. Bonczek
October 13, 1999
of recycled waste was put into the garbage cars, 100% of recycling cost would be saved
and landfill space usage would increase by 1.1%. To put it another way, it would take 89
years of recycling to use one (1) year of landfill space at the current volumes of waste
disposal and recycling.
SUMMARY OF ABOVE PARAGRAPH
• F.Y. '99 recyclables collected 1,620 tons
• Recycling collection cost $273,000
• Revenue from the sale of curbside recyclables $30,000
• Net curbside recycling cost $243,000
• Additional garbage collection cost if recyclables
were in garbage cans 0
• Additional landfill space consumption if recyclables
were in garbage cans 2,592 cubic yards
• Total landfill space consumption - F.Y. 99 230,000
• % of landfill space recyclables would use 1.1%
• Years of recycling to consume one year
of landfill space 89 years
Since 1990, we have done numerous promotional and educational programs to improve
citizen participation with little success. Whenever there is a change in the recyclable
products that are collected, the State (TNRCC) and end users of the products voice
concern about "taking-a-step backwards." However, these entities are not concerned with
the collection cost because this collection cost is usually paid by local governments.
Collection cost is by far the most expensive component of recycling. The collection of
recyclables cost the City of Beaumont approximately$150 per ton, garbage collection cost
approximately$20 per ton, and heavy trashlyard waste collection cost approximately$23
per ton.
The Clean Community Department is providing this information to seek direction for the
future of the Recycling Program considering the department's budgeted expenditures
exceed budgeted revenues. Following are alternatives for consideration:
1. Continue the program as is at a net cost of approximately$250,000 annually.
Page 5
Interoffice to Stephen J. Bonczek
October 13, 1999
2. Continue the program as is and increase the monthly solid waste fee by $.65
to cover the cost of recycling. The current fee of $10.85 per month would
increase to $11.50 per month.
3. Implement a citizen drop-off program.at a specified site or multiple sites.
Citizens would be required to bring materials to the site and a City employee
would receive the material and provide assistance to citizens. The cost of
this type operation would be approximately$35,000 per year per site. Drop-
off sites usually collect only a small amount of material because of
inconvenience to citizens.
4. Citizen drop-off sites without an employee. These sites usually end up with
materials contaminated with garbage and trash resulting in everything going
to the landfill. The cost of an un-manned site(s) would be approximately
$10,000 per year.
5. Eliminate the program and save approximately $250,000 annually. This
would probably result in public outcry from environmentally conscious
citizens.
If the curbside program is eliminated and a recycling program is to be maintained, the
department would recommend alternative three (3) above because it would provide an
opportunity for citizens to recycle although much more effort would be required by citizens.
The drop-off center(s) could be operated for a one (1) year period and evaluated to
determine if it should continue. Records would be kept to track the number of users and
the volume of materials. It is also recommended that only the items currently collected,
paper products and aluminum cans, be included in the program due to poor market
conditions for other products.
Any of the five (5) alternatives is acceptable to the department. As in the past, we will
continue to do the best that we can to maximize the effectiveness of all that we do.
n Labrie
JL:ljw
INTER-OFFICE MEMORANDUM
City of Beaumont, Texas
� c
TO: Stephen J. Bonczek, City Manager
FROM: John Labrie, Clean Community Director
SUBJECT: FLEXIBLE WORK SCHEDULE - REVISED 12/02/99
DATE: NOVEMBER 24, 1999
COMMENTS :
The Clean Community Department has targeted February 7, 2000 to begin a flexible work
schedule that provides for four ten (10) hour workdays per week for most employees. The
flexible schedule will provide incentive for employees, improve morale, increase
productivity, and improve quality while providing the same quantity of service to citizens.
All employees have enthusiastically endorsed the flexible schedule.
The change will affect some citizens because waste collection days will change for some.
Preparations are underway to notify all customers of collection day changes. We are
planning a direct mailout, news media coverage, and use of the City of Beaumont T.V.
station (Channel 4).
This change will also allow us to do efficiency routing that is needed due to the population
shifts from one area to another since the last routing change in February 1992.
We have developed a work schedule for all divisions in the department as follows:
DIVISIONS WORK SCHEDULE
Garbage, Bulky Waste, Small Yard All employees Monday through Thursday
Waste, and Recycling 7:00 a.m. to 5:30 p.m.
10 hour days
Half('/2) hour lunch
B1Z,H!B1T
Page 2
Interoffice to Stephen J. Bonczek
November 24, 1999
DIVISIONS WORK SCHEDULE
Landfill Landfill Superintendent
• Monday through Friday
• 7:00 a.m. to 4:00 p.m.
• One (1) hour lunch
Supervisor, 50% of Equipment Operators
and Gate Attendant
• Monday through Thursday
• 7:00 a.m. to 5:30 p.m.
• Half('/2) hour lunch
Supervisor, 50% of Equipment Operators
and Gate Attendant
• Tuesday through Friday
• 7:00 a.m. to 5:30 p.m.
• Half(%2) hour lunch
Two (2) Compost Equipment Operators
• Wednesday through Saturday
• 7:00 a.m. through 5:30 p.m.
• Half (%2) hour lunch
Neighborhood Services Superintendent and one (1) Clerk
• Monday through Friday
• 8:00 a.m. through 5:00 p.m.
�odeOne (1) hour lunch
Enforcement Officers, Sub-Standard
Housing personnel, Grass Maintenance
personnel
• Monday through Thursday
• 7:00 a.m. through 5:30 p.m.
�ieldHalf('/2) hour lunch
Supervisor and Clerical Staff (3)
employees)
• Monday through Thursday
• 7:00 a.m. to 6:00 p.m.
• One (1) hour lunch
Page 3
Interoffice to Stephen J. Bonczek
November 24, 1999
DIVISIONS WORK SCHEDULE
Administrative Department Director,Operations Manager,
Clerical Supervisor, and Clerk
• Monday through Friday
• 8:00 a.m. to 5:00 p.m.
• One (1) hour lunch
Administrative Assistant 11
• Monday through Thursday
• 7:00 a.m. to 6:00 p.m.
• One (1) hour lunch
Section 28-21.4 of the Code of Ordinance (attached) is the only ordinance that will require
a change. I would suggest that we notify the City Council of the proposed flexible schedule
at the December 7, 1 999 Workshop and request the ordinance change at a later date.
If you have questions or need clarification, please notify me.
ohgnL a:b ir i
JL:Ijw
cc Glenda Lundy, Human Resources Director
Rosa Thomas, Human Resources
City of Beaumont
Council Agenda Item
TO: City Council
FROM: Stephen J. Bonczek, City Manager
PREPARED BY: John Labrie, Clean Community Director
MEETING DATE: December 14, 1999
AGENDA MEMO DATE: December 8, 1999
REQUESTED ACTION: Amend the last sentence of Article II(Solid Waste Disposal) Section
28-21.4 of the Code of Ordinances to read: During weeks containing observed holidays, collections
shall be moved back one day after the holiday necessitating F,�V404 i Friday collection.
RECOMMENDATION
The administration recommends that Council approve the amendment of Article 11, Section 28-21.4
of the Code of Ordinances.
BACKGROUND
The administration is proposing to change the solid waste residential collection schedules from
Monday through Friday to Monday through Thursday beginning February 7, 2000. The purpose of
the change is to create a four(4)day, forty(40) hour work week that will improve employee morale,
reduce absenteeism, improve operating efficiency, and eliminate the need to work Saturdays during
weeks when holidays are observed by City employees. This change will not affect the frequency or
level of service to citizens. Weekly collections of waste will continue on a weekly basis. Collection
days for some citizens will change due to reducing the schedule from five (5) days to four(4) days.
Four (4) ten (10) hour workdays is the most common schedule in the solid waste management
industry across the country.
BUDGETARYIMPACT
None.
PREVIOUS ACTION
None
SUBSEQUENT ACTION
A comprehensive notification program will be conducted during January 2000 to advise all citizens
of collection schedule changes.
RECOMMENDED BY:
City Manager and Clean Community Department Director
RECOMMENDED MOTION:
Approve/Deny amendment of Article I1, Section 28-21.4 of the Code of Ordinances.
INTER-OFFICE MEMORANDUM
---------------------
City of Beaumont, Texas
Fire/Rescue
Date: December 10, 1999
To: Stephen J. Bonczek, City Manager
From: Michel G. Bertrand, Fire Chief
Subject: Revenue Generation
COMMENTS:
A number of fire service areas have been evaluated for potential revenue generation. This memo does
not reflect the potential impact upon public relations and economic development. The following areas
could be considered for the generation of revenue:
Spill/Leak Control/Hazard Mitigation
• situations involving a washdown or cleanup of minor spills. The Fire Department responded
to 153 calls for spills involving a washdown with bioremediation substances in the past 12
months. A large number of these were the result of leaks caused by auto accidents. A fee can
possibly be charged to the auto insurance company. Billing contractors have no written
recommendations for fees for this service. The Fire Department recommends $200 for this
service.
• response fee for patching or plugging leaks on vehicle fuel tank. Statistics are not currently
available for number of responses to these situations. Billing contractors have no written
recommendations for fees for this service. The Fire Department recommends $200 for this
service.
Standby Situations
• situations involving the potential release of hazardous materials. The Section 2201.3.2.1 of
the Fire Code of the City of Beaumont allows the city to recover costs associated with
responses to releases of hazardous materials. An ordinance can be developed to address
charging a fee for standby at incidents involving the potential for release of hazardous
materials. The Department currently charges a fee for services provided at incidents involving
releases of hazardous materials. The Fire Department responds to less than five serious calls
annually with fees ranging from several hundred to several thousand dollars per incident.
• situations involving downed power lines where the utility company has an excessively long
response time. Responses by Entergy to incidents involving downed energized electrical lines
may be 10 to 30 minutes in length when experienced after normal business hours. The
response times can greatly increase during periods of inclement weather. The Fire Department
responded to 26 calls in the past 12 months. Of the 26 calls, approximately 16 resulted in
response times for utility companies exceeding 30 minutes in length. The number of calls
indicated reflects only downed power lines; other situations requiring a Fire Department
standby and response by Entergy are not reflected in this data but should be considered. Billing
contractors have no written recommendations for fees for these standby services.
EXHIBIT "C"
Stephen J. Bonczek, City Manager
December 10, 1999
Page 2
• situations involving ruptured or leaking pipelines where the owner has an excessively long
response time. Entex has been providing a reasonable response time for requests for assistance.
Pipeline companies also have been providing a rapid response even if it is questionable about
the line ownership. Statistics are not currently available for number of responses to these
situations. Fees can be established for billing when response times exceed a reasonable length.
Inspection and Certificate Fees
• fee for businesses requiring Fire Marshal approval before licensing by a state regulatory
agency. Although no data is currently available, a large number of businesses in the City
require annual inspection by the Fire Marshal prior to issuance of this license. Although
inspections are currently conducted at these businesses on an annual basis, no fees are being
charged for this service. The Department recommends $50 per occurrence.
• fee for inspection of facilities that have "in lieu of tax" agreements with the City. Although the
City provides fire protection to these facilities there are no requirements for an annual
inspection to reduce fire hazards at these locations. The contracts between the City and these
facilities can be amended to require an annual inspection followed by a fee for this inspection.
The Department has no recommendation for this fee.
• fee for fire flow tests conducted by the Department for construction or fire protection systems
as a requirement for certificate issuance. The Fire Marshal's office estimates that
approximately 50 tests are conducted by the Department annually. There is currently no fee
charged for this service.
Fire Suppression Activities
• fee for responses to vehicle and structure fires located outside the city. Although data is not
readily available, the Fire Alarm office estimates approximately 10 calls per year. Contract
billing services recommend $500 per incident.
• fee for fire department services provided to nonresidents, tax exempt properties, or businesses
located outside the city. Although the Fire Department responded to approximately 12,000
calls in 1998 it is unknown how many fires, medical emergencies, rescue situations, public
assistance calls, etc. involved nonresidents.
• fee for salvage work or water evacuation. The Fire Department responded to 14 water
evacuation calls in the past 12 months. The contract billing services have no written
recommendations on fees to charge for this service. The Department may be competing with
some area businesses if a fee is charged for this service. This service may compete with some
area businesses. The Department has no recommendation for this fee.
• fee for equipment standby of extended duration to fires involving unauthorized burning. This
fee would be charged in addition to any fines levied against the responsible party. The Fire
Department responds to less than five substantial calls annually. Contract billing services
recommend $500 for the first hour and $250 dollars for each additional hour per apparatus at
each incident.
Stephen J. Bonczek, City Manager
December 10, 1999
Page 3
Alarm Systems
• fee for excessive responses to residential and commercial occupancies for false fire alarm
activations. The Fire Department responded to approximately twenty three-hundred false fire
alarm activations in the past 12 months. Although statistics are not currently available, a
portion of these are recurring responses. A fee of $150 per false call exceeding three per
month is currently being charged by the West I-10 Fire Department (Houston) for residential
alarms and $500 per call for commercial alarms. The size and complexity of the facility should
be considered when determining fees for these excess false alarms.
• fee for excessive responses to medical alert alarms. These responses are to private residences
where an individual has contracted with a monitoring company to automatically notify Fire and
EMS if the alarm is activated at the residence. The Fire Department frequently responds to
these alarms and arrives to discover that the resident is away and has failed to adjust the device
for their absence. Data for this type of response and associated fees is not currently available.
• fee for agencies that inspect alarm systems, sprinkler systems, or other similar devices, place
them out-of-service and neglect to notify the Fire Marshal's office. Although data is not
readily available, the Fire Marshal's office estimates 30 to 50 situations per year and
recommends a fee of$500 per occurrence.
Heavy Rescue Services
• extrication of persons entrapped in vehicles which require the use of the "jaws of life." This fee .
may be charged against the vehicle owners auto insurance and can vary with the amount of
equipment used in the extrication. The standard response to extrication calls is two Engine
Companies and a Chief Officer. The Fire Department responded to 16 calls requiring the use
of extrication tools in the past 12 months. Contract billing services recommend fees ranging
from $500 to $1200 per call.
• extrication of persons in confined spaces or elevated structures which require the use of rope
rescue systems. Although infrequent, confined space or elevated rescues require a substantial
amount of resources and require replacement of equipment damaged during the rescue. The
Fire Department may respond to less than five calls annually. Contract billing services advise
that fees ranging from several hundred to several thousand dollars, depending upon the
situation, have been collected per incident.
INTER-OFFICE MEMORANDUM
• EL City of Beaumont,Texas
Central Services
Department _
Date: December 10, 1999
To: Stephen J. Bonczek,City Manager
From: Kirby Richard,Central Services Director
Subject: Beaumont Civic Center Complex
Rental Rate Revisions
COMMENTS
Article II. Civic Center Complex of the City's Code of Ordinances stipulates the rental fees for use of
complex facilities. The facilities include Beaumont Civic Center,Julie Rogers Theatre,Fair Park Coliseum,
Harvest Club,North and South Exhibit Buildings,Fair Park Patio and Riverfront Park. Your consideration
of revising this ordinance to increase the rental fees charged for the use of these facilities is requested.
The combined FY 2000 operating budget (Table 1) for the Beaumont Civic Center Complex (BCCC) is
$1,312,500. Approximately 34% of the expenditure budget is funded from Hotel Occupancy Tax(HOT)
receipts. State law provides for HOT funds to be expended in a manner directly enhancing and promoting
tourism and the convention and hotel industry. The remainder of the operating budget is funded by
community facilities income, and by a subsidy from other General Fund revenue sources. Revenue from
facility operations is estimated at$533,000 for the fiscal year. According to current expenditure and revenue
projections, an operating shortfall of$338,000 must be funded from General Fund balances.
Table I-FY 2000 Estimated Expenditures
Description General Fund Hotel Occupancy Total Expenditure
Tax Fund Budget
Wages/Benefits $ 726,000 $ 90,000 $ 816,000
Operating/Repair/Maintenance 91,800 94,000 185,800
Utilities/General Services 50,300 255,000 305,300
Fixed Assets 29900 2,500 5,400
Total $ 871,000 $ 441,500 $ 1,312,500
E�;F BST '`,
Beaumont Civic Center Complex
Rental Rate Revisions
December 10, 1999
Page 2
In an effort to reduce the demands on General Fund dollars, and to more accurately recoup actual expenses,
it is recommended that consideration be given to increases in the rental fees charged. The increased fee is
more reflective of the actual costs incurred to operate the public facilities and the expenses associated with
the preparation and cleaning for each rental. The proposed rates are not sufficient to recover the total
expenses incurred from operations in order to allow citizens access to an affordable facility rental alternative.
Attachment"A"provides the current rental rate schedule and the proposed new rates for your review. The
rate structure currently in use was established in 1983. City Council amended the rates in 1995 by adding
a fee schedule for the newly constructed barns adjacent to the Fair Park Coliseum and by increasing the
Coliseum rental fee.
The rate schedule presented lists the facilities that are available for public rental with rates divided by type
of facility use. There are three types of facility uses or events for which different rates have been
established: commercial, noncommercial, and conventions. Convention uses are events sponsored by
organizations which are registered with the Convention and Visitors Bureau (CVB) and utilize the local
hotel industry for overnight accommodations. Noncommercial events are those sponsored by the following
organizations, where the entire net proceeds from the event are retained by the sponsoring organization:
♦ Local nonprofit civic organizations;
♦ Local nonprofit fraternal organizations;
♦ Local nonprofit educational institutions;
♦ Local nonprofit religious organizations;
♦ Local charitable organizations.
Rates are also determined by the length of facility use. There are three time durations for which different
rates are charged. They are defined as follows:
Matinee - Use of a facility beginning after 8:00 a. m. and ending before 6:00 p.m.
Evening- Use of a facility beginning after 6:00 p. m. and ending at midnight.
All DaX- Use of a facility beginning before noon and ending after 6:00 p. m.
In addition, overtime rates are charged for use of a facility after midnight. Along with the proposed rate
increase, it is recommended that the overtime rate be imposed for rental activities between the hours of 12:00
a. m. and 7:00 a. m. Often,BCCC staff is required to perform required activities prior to an early morning
rental. At this time, there is no defined policy for charging for the additional services prior to the event.
By instituting the proposed rate schedule,it is estimated that$58,500 in additional annual rental income will
be generated. This estimate is based on the same level of rental demand as in FY 1999. The additional
revenue represents a 17.4%increase in the$337,000 event income budget for FY 2000. Total annual BCCC
revenue, including rental/event income, concessions, parking, and box office charges is estimated at
$533,000.
Beaumont Civic Center Complex
Rental Rate Revisions
December 10, 1999
Page 3
Attachments `B" through "E" represent industry rates for facility rentals throughout Texas. Various
facilities were polled to provide a comparison of rental fees charged with those currently in effect at the
BCCC. Due to the complexity of facility comparisons(i.e., size, seating capacity, and length of use), it is
often difficult to make an apples-to-apples fee correlation. However, the information presented
demonstrates that current BCCC fees are generally less than those charged at comparable facilities
throughout the state.
If you require any additional information, please call.
ATTACHMENT A
RENTAL RATES
CIVIC CENTER COMPLEX
FACII?TY �"
TIME ,.ESTABLISHED : P
F-77
ROPOSED
"k "FRAME. LATE RATE '
1. CIVIC CENTER
Commercial,except trade shows,etc. $1,000/ 10% $1,500/ 10%1
Non-Commercial,except trade shows,etc. Matinee $600 i $700
Non-Commercial,except trade shows,etc. Evening $800 $950
Non-Commercial,except trade shows,etc. I All Day $1,000 51,200
I Conventions 5001 600
1 Trade Shows, etc. (Commercial) j $800/.06/ 10% $950/.08/ 10%
Trade Shows,etc.(Non-Commercial) Matinee $600 $700
Trade Shows,etc.(Non-Commercial) Evening $800; $950',
Trade Shows,etc.(Non-Commercial) All Day j $1,000! $1,2001
2. CIVIC CENTER MEETING ROOMS
Commercial Matinee $50 $75
i Commercial Evening $100 $125
Commercial All Day $150 $200
Non-Commercial Matinee $25 $50'
Non-Commercial Evening $50 $75
Non-Commercial i All Day $75 $100
3. JULIE ROGERS THEATRE
Commercial $600/ 10%
$750/ 10%
Non-Commercial Matinee $200 $400'
Non-Commercial Evening i $400 $5001
Non-Commercial All Day $6001 $7001
E
Conventions j $200! $300'
4. JULIE ROGERS THEATRE MEETING ROOMS
Commercial Matinee $50 $75
Commercial Evening $100 $125
Commercial All Day $150 $2001
Non-Commercial Matinee $25 $501
Non-Commercial Evening $50 $75
Non-Commercial All Day $75 $100
5. FAIR PARK COLISEUM
Commercial,except trade shows,etc. I $1,000/ 10% $1,100/ 10%
Non-Commercial,except trade shows,etc. Matinee $3001 $350
Non-Commercial,except trade shows,etc. Evening $400 $450
1 Non-Commercial,except trade shows,etc Day $5001 $550
! Conventions $500 $550
i Trade Shows,etc.(Commercial) $800/.06/10% $900/.07/ 10%
Trade Shows,etc.(Non-Commercial) Matinee $300 $350
I
Trade Shows,etc.(Non-Commercial) Evening $400 $4501
i Trade Shows,etc.(Non-Commercial) All Day $500 $550
6. BARN A
Without Coliseum Matinee $100 $125
Without Coliseum Evening $100 $150
Without Coliseum All Day $1001 $175
With Coliseum Matinee $50 $100
With Coliseum Evening $50 $125
With Coliseum All Da . $50 _$150
IFAC'>)CT „�' � t YY s �1ST�iBISHED PROPOSED '
wl .
7. BARN B _
Without Coliseum Matinee• $150 $175
j Without Coliseum Evening $200 $225
Without Coliseum All Day $300 $350
With Coliseum Matinee $100' $125'
With Coliseum Evening $150 $1751
With Coliseum All Day $200 $225
8. BARN C _ j
Without Coliseum Matinee $100 i $125 j
� Without Coliseum Evening $1001 $150
Without Coliseum All Day $100. $175;
With Coliseum Matinee $50' $100:
Evening $50 $125
With Coliseum g
With Coliseum All Day $50 $150
19. HARVEST CLUB
Commercial i Matinee $500/ 10 $650/ 10%
j Commercial Evening $500/ 10% $650/ 10%
Commercial I All Day I $500/ 10%; $650/ 100/(
Non-Commercial Matinee $200 $300
! Non-Commercial Evening $250 $350
Non-Commercial All Day $400 $500
Conventions $200 $400
10. NORTH&SOUTH EXHIBIT BUILDINGS
Commercial All Day $100. $200
r Non-Commercial Per Building j $100 _ $200'
'll. PATIO
Commercial j All Day j $300
Non-Commercial All Day $1 SO
12. OVERTIME HOURS
j (AFTER MMNIGHT OR PRIOR TO 7 A.M.)
j Civic Center $300` $300i
Civic Center Meeting Rooms $50 $50
Julie Rogers Theatre $150 $150
Julie Rogers Theatre Meeting Rooms $50 $50
Coliseum $300 $3001
Harvest Club $50 $75
North/South Exhibit Buildings $50 $50
j Patio $0 $50
ATTACHMENT B
RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS
BEAUMONT CIVIC CENTER
CITY CAPACITY OR SIZE OF COMMERICAL NON-COMMERICAL
ARENA/EXHIBIT HALL RENTAL RENTAL
Lufkin Pitser Garrison Center 2,000 seats 8a/5p - $540.00 8a/5p - $475.00
6p/1 1:30p - $650.00 6p/1 1:30p - $540.00
8a/1 1:30p - $700.00 8a/1 1:30p - $610.00
Abiline Civic Center 2,000 sq. ft $550.00 $375.00
13,394 sq. ft. /Ballroom $500.00 $350.00
ayborn Community Center 18,850 sq. ft. /Exhibit Hall $600.00 Same
Midland Center 1,000 seats $600.00
12,500 sq. ft.
Wharton Community Center 10,000 sq. ft. $700.00 $600.00
Beaumont 6,500 seats $1,000.00 or 10% $500.00 Convention
30,000 sq. ft. $600.00 Matinee
$800.00 Evening o
$1,000.00 All Day
Chaperral Center 6,200 seats $1,000.00 or 10% Same
Midland
Ector County Odessa 7,569 seats $1.000.00 or 10% $900.'00 flat rate
23,200 sq. ft. $800.00 $600.00
El Paso County 8,500 seats $1,100.00 or 10% $850.00 or 8%
RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS
BEAUMONT CIVIC CENTER
CITY CAPACITY OR SIZE OF COMMERICAL NON-COMMERICAL
ARENA/EXHIBIT HALL RENTAL RENTAL
Expo Center 6,248 seats $1,250.00 vs. 10%
Glen Rose $750.00/Winter
Corpus Christi 27,000 sq. ft. /Ballroom $1,300.00 $1,100.00
Grapevine Convention Center 9,000 sq. ft. /Ballroom $1,400.00 Friday& Saturday
$1,100.00 Sunday- Thursday
Live Oak Civic Center 27,000 sq. ft. $1,500.00 per day Same
3,500 seats
Bayfront Plaza. 5,500 seats $1,500.00/minimum $9,000.00/4 hours
$5,000.00/maximum $235.00 per hour after 4 hours
10%
Bell City Expo 8,000 seats $1,800.00 per day non-ticketed Same
Belton $1,500.00 vs. 10% with
$6,000.00 cap
a
Fair Complex 6,500 seats $1,900.00 or 10%
Waco 40,000 sq. ft.
Ferrell Center 9,364 seats $2,000.00
Waco 16,350 sq. ft.
Humble Civic Center 5,000 seats $2,000.00 per day $1,700.00 per day
40,000 sq. ft.
18,000 sq. ft. /Ballroom $2,000.00 per day/ 8 hours $1,400.00 per day/ 8 hours
RENTAL SURVEY - ARENA / MULTI-PURPOSE / EXHIBIT HALLS
BEAUMONT CIVIC CENTER
CITY CAPACITY OR SIZE OF CONM ERICAL NON-COMMERICAL
ARENA/ EXHIBIT HALL .. RENTAL RENTAL
Pasadena Convention Center 4,000 seats $2,000.00/Concerts Same
16,000 sq. ft. $1,800.00 / Other
ontagne Center 9,500 seats $3,000.00 or 10% $2,000.00 or 8%
Reed Arena 12,500 seats $3,000.00 or 10% $2,000.00 or 10%
College Station
Mesquite Arena 35,000 sq. ft. $3,000.00 per day Same
Freeman Coliseum 11,700 seats $3,500.00 or 10% $3,000.00 per performance
0
San Antonio $8,500.00/ maximum per day
ATTACHMENT C
RENTAL SURVEY - MEETING ROOMS
BEAUMONT CIVIC CENTER MEETING ROOMS
CITY CAPACITY OR SIZE i COMMERICAL NON-COMMERICAL NO.
OF MEETING ROOM RENTAL RENTAL ROOMS
College Station 264 sq. ft. 8a/5p - $37.00 8a/5p - $24.00 8
Conference Center 6p - $39.00 i 6p - $15.00
2,240 sq. ft. 8a/5p-$126.00 8a/5p -$90.00
6p - $135.00 6p - $60.00 i
Beaumont Civic Center i 1,100 sq. ft. $50.00/7a- 6p $25.00/7a- 6p .5
$75.00/6p - 12 midnight $50.00/6p - 12 midnight
$100.00/7a- 12 midnight $75.00/7a- 12 midnight
2,200 sq. ft. above rates x 2 above rates x 2
3,300 sq. ft. above rates x 3 above rates x 3
4,400 sq. ft. above rates x 4 above rates x 4
5,500 sq. ft. above rates x 5 above rates x 5
t
Humble Civic Center 500 people $75.00/8 hours $50.00/8 hours 4
Abiline 400 to 4,600 sq. ft. $75.00 up to$180.00 $75.00 up to $180.00
Wharton Civic Center ! 800 sq. ft. to 2,000 sq. ft. $75.00/minimum $60.00/minimum 2
$100.00/4 hours $80.00/4 hours
$125.00/5 hours $100.0015 hours °
$150.00/6-8 hours $120.00/6-8 hours
RENTAL SURVEY - MEETING ROOMS
BEAUMONT CIVIC CENTER MEETING ROOMS
CITY CAPACITY OR SIZE COMMERICAL NON-COMMERICAL NO.
OF MEETING ROOM RENTAL RENTAL ROOMS
Lufkin 102/Theatre Style 8a/5p - $80.00 8a/5p - $55.00 C or E
6p/l 1:30p- $135.00 6p/1 1:30p -$80.00
8a/1 1:30p - $190.00 8a/11:30p - $110.00
250/Theatre Style 8a/5p - $135.00 8a/5p - $110.00 B or D
6p/1 1:30p -$190.00 6p/1 1:30p - $135.00
8a/1 1:30p - $295.00 j 8a/l 1:30p - $260.00
350/Theatre Style 8a/5p - $180.00 8a/5p - $135.00 BC or DE
6p/1 1:30p - $245.00 6p/1 1:30p - $160.00 2
8a/1 1:30p -$325.00 8a/1 1:30p - $250.00
530/Theatre Style 8a/5p - $350.00 8a/5p - $290.00 A
6p/1 1:30p - $410.00 6p/1 1:30p - $320.00
8a/1 1:30p-$485.00 8a/1 1:30p - $425.00
1,020/Theatre Style 8a/5p - $430.00 8a/5p - $370.00 ABC
6p/1 1:30p - $515.00 6p/1 1:30p - $420.00 or
8a/1 1:30p -$540.00 8a/1 1:30p - $480.00 ADE
Mayborn Convention Center 4,000 sq. ft. $100.00 to $200.00 Same i
Pasadena Civic Center 1,440 sq. ft. $140.00 per event * ;*Lobby Area-rented
648 sq. ft. $65.00 per event * only when not in
968 sq. ft. $100.00 per event * conflict with other o
783 sq. ft. $80.00 per event * building rentals.
Midland Center 644 sq. ft. $150.00 8a/midnight 4
1,344 sq. ft. $175.00
800 sq. ft. $150.00
2,100 sq. ft. $200.00
RENTAL SURVEY - MEETING ROOMS
BEAUMONT CIVIC CENTER MEETING ROOMS
CITY CAPACITY OR SIZE COMMERICAL NON-COMMERICAL NO.
OF MEETING ROOM RENTAL RENTAL ROOMS
Grapevine 1,200 sq. ft. (Sunday-Thursday) Same
100/Theatre 8a/5p - $250.00
50/Classroom 6p/midnight- $250.00 i
60/Banquet 24 hour hold - $300.00
(Friday& Saturday)
8a/5p - $300.00
6p/midnight- $300.00
24 hour hold - $350.00
Bell City Expo j 4,000 sq. ft./200 seats $250.00/6 hours
$350.00/Day
Corpus Christi 8,000 sq. ft. to $290.00 - $550.00 Same
12,000 sq. ft. (Free to conventions)
225 Capacity $400.00 per day Same
Waco Fair Complex '
Live Oak Civic Center 3,500 sq. ft./300 people $550.00 Same 2
1,500 sq. ft./150 people $300.00
i i
0
ATTACHMENT D
RENTAL SURVEY - THEATRE
JULIE ROGERS THEATRE
CITY SEATING COMMERICAL NON-COMMERICAL
CAPACITY RENTAL RENTAL
Beaumont 1,681 $600.00 / 10% $600.00 all day
$400.00 evenings
$200.00 matinee
Abiline 25k138 $700.00 $475.00
Corpus Christi 2,526 $1,150.00 min or 8% $950.00 - 4 hours
$2,300.00 $1,150.00 - all day
Houston (Empire) 860 $1,250.00 or 10% $750.00
Cap of$2,850.00 $1,250.00
Wichita Falls 2,717 $1,650.00
0
Houston (Magestic) 2,311 $2,500.00 or 10% $1,750.00
Cap of$5,000.00
Dallas (Magestic) 1,649 $3,000.00 $1,975.00
Houston (Arena Theatre) 2,750 ' $4,000.00 $4,000:00
ATTACHMENT E
RENTAL SURVEY - THEATRE
FAIRPARK COLISEUM
CITY SEATING COMMERICAL NON-COMMERICAL
CAPACITY RENTAL RENTAL
Bell County Expo 100'x 200'Bams $250.00 per day Same
55,000 sq. ft. -no A/C $400.00 per day
Ector County Coliseum Barns
Odessa 127'x 305' $250.00 Same
150'x 80' $200.00
180'x 120' $250.00
Fair Complex 200 x 125' Bam $500.00 per day vs. $10.00 per stall Same
Waco 214 stalls
Fairpark Coliseum 125'X 250' $1,000.00 or 10% $300.00-7a/6P
Beaumont' $400.00 -6P/midnight
$500.00 -7a/midnight
Barn A/185'x 123' $100.00 per day w/out Coliseum Same
i $50.00 per day w/Coliseum
Barn B/278'x 220' $150.00 -7a/6p w/out Coliseum Same
$200.00 -6p/midnight w/out Coliseum
$300.00 -7a/midnight w/out Coliseum
$100.00 -7a/6p with Coliseum
$150.00 -6p/midnight with Coliseum
$200.00 -7a/midnight with Coliseum
Barn C/181'x 90' i $100.00 per day w/out Coliseum Same
$50.00 per day w/Coliseum
RENTAL SURVEY - COLISEUM
FAIRPARK COLISEUM
CITY i CAPACITY OR SIZE i COMMERICAL i NON-COMMERICAL
OF COLISEUM i RENTAL RENTAL
Exposition Center 600 seats (Showbarn Arena) $1,250 vs 10% Same
Glen Rose,Texas 100'x 200' $750.00 (winter rates)
2,218 seats (Enclosed Area) i $500.00 per day
$10.00 per day reduces arena rental
285 stalls/ 10'x 10'
Cowtown Coliseum 2,400 seats $1,500.00 weekdays Same
(Rodeo Arena) $2,500.00 weekends
Mesquite Arena 28,000 sq. ft/soft floor $3,500.00 per day Same
0
ATTACHMENT F
CODE OF ORDINANCES
ARTICLE U. CIVIC CENTER COMPLEX
Sec.20-20.Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this
article shall be as follows:
All day: Use of a facility beginning before noon and ending after 6:00 p.m.
Civic center complex: The Beaumont Civic Center and within the civic center, meeting
rooms numbered 1 through 5; the Julie Rogers Theatre for the Performing Arts, and within the
theatre,meeting rooms numbered 1 through 5; Fairpark Coliseum; the Harvest Club; the North
and South Exhibit Buildings; Riverfront Park; and grounds contiguous to those facilities.
Commercial event: Any event which does not meet the definition of a "noncommercial
event."
Evening: Use of a facility beginning after 6:00 p.m. and ending at midnight.
Gross receipts: All monies received from the sale of tickets less admission taxes, excise
taxes or sales taxes levied by the city, county, state, or federal government.
Lease: The written,typewritten or printed document, with any amendments or
supplements, signed by the lessee and the city under the authority and conditions as herein
provided,which document grants permission to use a facility of the civic center complex.
Local: Within the city. An organization will be considered "local" for purposes of this
article if a majority of its members are residents of the city.
Matinee: Use of a facility beginning after 8:00 a.m. and ending before 6:00 p.m.
Net square feet: That space occupied by exhibits and exhibitors, not including aisles.
Noncommercial event: An event sponsored by any of the following organizations, where
the entire net proceeds from said event are retained by the sponsoring organization:
(a) Local nonprofit civic organizations;
(b) Local nonprofit fraternal organizations;
(c) Local nonprofit educational institutions;
(d) Local nonprofit religious organizations;
(e) Local charitable organizations.
Event staff All employees necessary for any use of a facility other than management and
operation staff, specifically including, but not limited to, security personnel and stagehands.
(Code 1958, § 9B-1; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-21. Use rate schedule.
The following rates will apply to the use of the civic center complex facilities:
(a) The Civic Center:
(1) Events other than conventions, trade shows, exhibitions and sales displays:
a. Commercial: Minimum rental shall be one thousand dollars
($1,000.00)per all day or ten (10)per cent of gross receipts,
whichever is greater; however, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
b. Noncommercial (minimum rental):
1. Matinee . . . . $ 600.00
2. Evening . . . . 800.00
3. All day . . . . 1,000.00
However, in consideration for city participation in furnishing
facilities and other assistance,higher minimum rentals or
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the City Manager.
(2) Conventions, all day . . . . $500.00
(3) Trade shows, exhibitions and sales displays:
a. Commercial: Per event day rental is eight hundred dollars
($800.00) or six cents ($0.06)per net square foot or ten (10) per
cent of the gross receipts, whichever is greater.
b. Noncommercial:
1. Matinee . . . . $ 600.00
2. Evenings . . . . 800.00
3. All day . . . . 1,000.00
(4) The use of incidental space within the civic center, i.e., dressing rooms,
meeting rooms, etc., when used in connection with a rented use of the
main room in the civic center, may be permitted without additional rental
charge when said space is available and with the approval of the city
manager or his designee.
(b) Meeting rooms in the civic center:
(1) Commercial:
a. Matinee,per room . . . . $ 50.00
b. Evening,per room . . . . 100.00
C. All day,per room . . . . 150.00
(2) Noncommercial:
a. Matinee,per room . . . . $ 25.00
b. Evening,per room . . . . 50.00
C. All day,per room . . . . 75.00
(c) The Julie Rogers Theatre for the Performing Arts:
(1) Commercial: Minimum rental shall be six hundred dollars ($600.00)per
all day or ten (10)per cent of gross receipts, whichever is greater;
however, in consideration for city participation in furnishing facilities and
other assistance, higher percentage rates may be negotiated. Any deviation
from minimum rental shall first be approved by the city manager.
(2) Noncommercial (minimum rental):
a. Matinee . . . . $200.00
b. Evening . . . . 400.00
C. All day . . . . 600.00
However, in consideration for city participation in furnishing facilities and
other assistance, higher minimum rentals or percentage rates may be
negotiated. Any deviation from minimum rental shall first be approved by
the city manager.
(3) Conventions, all day . . . . $200.00
(d) Meeting rooms in the Julie Rogers Theatre:
(1) Commercial:
a. Matinee,per room . . . . $ 50.00
b. Evening, per room . . . . 100.00
C. Event day, per room . . . . 150.00
(2) Noncommercial:
a. Matinee, per room . . . . $ 25.00
b. Evening, per room . . . . 50.00
C. Event day, per room . . . . 75.00
(e) Fairpark Coliseum and barns at the fairgrounds:
(1) Fairpark Coliseum:
a. Commercial: Minimum rental shall be one thousand dollars
($1,000.00)per all day or ten(10) per cent of gross receipts,
whichever is greater; however, in consideration for city
participation in furnishing facilities and other assistance,higher
percentage rates may be negotiated. Any deviation from minimum
rental shall be approved by the city manager.
b. Noncommercial (minimum rental):
1. Matinee . . . . $ 300.00
2. Evening . . . . 400.00
3. Event day . . . . 500.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
(2) Livestock barns:
a. Per day rental (without Coliseum) . . . . $ 100.00
b. Per day rental (with Coliseum) . . . . 50.00
(3) Multi-purpose barn:
a. Without Coliseum:
1. Matinee . . . . $ 150.00
2. Evening . . . . 200.00
3. All day . . . . 300.00
b. With Coliseum:
1. Matinee . . . . $ 100.00
2. Evening . . . . 150.00
3. All day . . . . 200.00
(f) Harvest Club:
(1) Events other than conventions:
a. Commercial: Minimum rental shall be five hundred dollars
($500.00)per all day or ten (10)per cent of gross receipts,
whichever is greater; however, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from-minimum
rental shall be approved by the city manager.
b. Noncommercial (minimum rental):
1. Matinee . . . . $200.00
2. Evening . . . . 250.00
3. Event day . . . . 400.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
(2) Conventions, all day . . . . $200.00
(g) North and South Exhibit Buildings: Per all day,rental is one hundred dollars
($100.00)per building.
(h) Riverfront Park:
(1) Events other than conventions:
a. Commercial: Minimum rental shall be five hundred dollars
($500.00)per all day or ten (10) per cent of gross receipts,
whichever is greater; however, in consideration for city
participation in furnishing facilities and other assistance, higher
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
b. Noncommercial (minimum rental):
1. ' Matinee . . . . $100.00
2. Evening . . . . 200.00
3. Event day . . . . 250.00
However, in consideration for city participation in furnishing
facilities and other assistance, higher minimum rentals or
percentage rates may be negotiated. Any deviation from minimum
rental shall first be approved by the city manager.
(2) Convention, all day, one hundred dollars ($100.00).
(3) Pavilion only: Per all day, rental is fifty dollars ($50.00).
(i) After midnight: When any of the facilities of the civic center complex are used
after midnight, said use shall be at the following hourly rates plus additional
charges equal to the cost of operating a staff:
Civic Center, per hour. . . . $300.00
Civic Center Meeting Rooms, per hour . . . . 50.00
Julie Rogers Theatre, per hour . . . . 150.00
Theatre Meeting Rooms,per hour . . . . 50.00
Fairpark Coliseum,per hour . . . . 300.00
Harvest Club,per hour . . . . 50.00
North/South Exhibit Buildings, per hour . . . . 50.00
(Code 1958, § 9B-2; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 79-85, § 1, 10-9-79; Ord. No. 83-
121, § 1(Exhibit A), 9-27-83; Ord.No. 95-60, § 1, 9-19-95)
See. 20-22. Computation of rates for trade shows, exhibitions and sales displays; scope of
services provided for fees.
(a) Rates quoted for trade shows, exhibitions and sales displays are daily and based on net
square feet. A set up and move out charge will be fifty (50)per cent of the daily rental.
(b) All rates include the use of normal janitorial services for one performance per day,
heat and air conditioning, overhead illumination and water as installed on the premises. Rates do
not include special employees, license fees, booth equipment, electrical outlets and service and
any other special equipment necessary for the presentation of a show. Arrangements for all
special employees must be made with the director of the community facilities department.
(Code 1958, § 9B-4; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 83-121, § 1, 9-27-83)
Sec. 20-23. Additional charge if broadcast involved.
Every applicant for a lease of any civic center facility shall, in such application, state
whether he intends to broadcast or telecast any event,program or speech in any civic center
complex facility. An additional broadcast fee may be charged at the discretion of the city
manager or his designee.
(Code 1958, § 9B-14; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 78-44, § 3, 11-11-78; Ord. No. 83-
121, § 1, 9-27-83) -
Sec..20-24. Times of payment of rental and charges.
Fifty(50)per cent of the total rental is payable at the time of execution of the lease of any
civic center facility. The balance of all rentals and fees must be paid seven (7) days prior to the
final use of any of the facilities. If more than one request is received for the same facility on the
same date, the city may require full payment in advance upon demand. All payments shall be
nonrefundable in the event of cancellation by the lessee. Should any lessee fail to make the
necessary payments as provided herein, all monies previously paid by the lessee shall become the
property of the city and shall not be refunded.
(Code 1958, § 9B-9; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-25. Food and beverage concessionaire approval.
Any food and beverage served at the civic center complex facilities shall be served only
by a concessionaire who has been approved by the city or with whom the city has a concession
contract.
(Code 1958, § 9B-6; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-26. Use for convention.
The director of the community facilities department may grant permission to use any of
the facilities of the civic center complex to any corporation, association, club or society during an
international,national, state or regional convention, seminar or meeting thereof which is a
convention of record as recorded by or in the files of the International Association of Convention
Bureaus or with the Convention and Tourism Bureau of the city, in accordance with the rental
rates as set out herein.
(Code 1958, § 913-7; Ord. No. 76-74, § 1, 6-22-76; Ord.No. 83-121, § 1, 9-27-83)
Sec. 20-27. Bond of commercial user.
The city may require a bond of any person as a prerequisite to the rental of any civic
center complex facility for commercial use if said person has failed to perform in accordance
with its contract with any facility in the United States within the last forty-eight(48)months, or
has never entered into and performed successfully under a contract with any facility in the United
INTER-OFFICE MEMORANDUM
City of Beaumont,Texas
Health Department
Date: December 10, 1999
To: Stephen J. Bonczek, City Manager
From: Ingrid Holmes, Public Health Director 41161/)6_
Subject: Proposal for Health Fee Increases{
COMMENTS
Background
The Public Health Department has an annual operating budget of approximately$4,770,000. Resources available to
fund its programs include about $870,000 in grant funds from the Texas Department of Health and $1,302,500 in
program fees. The program fees include about$960,000 for EMS activities and $342,500 for Ether services.
The Health Department charges fees for a number of health related services. This includes annual permit fees for
approximately nine hundred and fifty(950) food and beverage establishments including restaurants, retail grocery
stores, school cafeterias, vending machines and temporary food establishments. Fees are also generated for Food
Manager Certification courses offered by the Health Department. In addition, fees are generated by the department
for a number of direct services including STD treatment, immunizations, flu shots, issuance of birth and death
certificates, etc. As part of our Animal Control Program, fees are also collected for services such as impoundment
and boarding of animals, dead animal removal and vaccinations for strays.
Many of the fees collected by the Health Department have not increased since 1991,although the cost of providing
services has steadily increased. In some instances, health related fees have not been increased for an even longer
period of time. For example, food permit fees generally have not been increased since 1985.
In reviewing our current fee structure,staff surveyed health departments in six(6)other cities or counties in Texas,
comparable in size(based on population served),to Beaumont.Those surveyed included: Amarillo, Brazos County,
Mesquite, Laredo, Waco-McClennan County and Abilene-Taylor County. Health fees collected by the City of
Beaumont were compared to the respective fees collected by each of the cities or counties surveyed.(See the attached
"Fee Survey"chart for comparisons).As indicated by the chart comparisons,recommendations for fee increases are
comparable to fees generated by the agencies surveyed.
Staff Recommendations
Based on our review,staff recommends increases in a number of fees generated by the department.(See the attached
"Fee Schedule") Specifically, we recommend that the current fees for all licensed food establishments be increased
by approximately 100%. This will increase annual revenues generated by this program from approximately$82,000
EXE;YLBIT
December 10, 1999
Page 2
to$164,000.The full impact of increased fees for food permits will not be realized until the year 2001. This is due
to the fact that all food permits are renewable on January 1 of each calendar year and the majority of existing food
establishments have already renewed their 2000 permits. However,the increased fees would be applicable to all new
food establishments opened during the year.
Staff is also proposing a 25% increase in fees generated for STD treatment and a 50% increase in immunization fees.
This will increase annual revenues generated for health fees from $52,500 to$71,000.
Additionally,we recommend an overall increase of approximately 55%for Animal Control impound and observation
fees.-Proposed increases have been reviewed and approved by the Animal Control Advisory Board. We also propose
an increase in boarding fees from$3.00/day to$12.00/day.This would increase annual revenues generated for animal
control fees from $15,500 to$24,000. The increases proposed will bring Beaumont Health Department fees in line
with those of comparable health departments.
New Program
The Health Department is scheduled to begin a new educational program (Adolescent Tobacco Cessation Program)
in January 2000. This program,which is mandated by law for those youth caught possessing and/or using tobacco,
consists of four two hour sessions. We anticipate approximately fifteen (15)participants per class and propose a
$40.00 fee per student. We have surveyed several other agencies that offer this class and have found that$40.00 is
the average fee charged for the class. We project that these classes will be held monthly and will generate
approximately$7,200 in annual revenues.
Deleted Fees
As part of our review, a number of fees for services that are no longer provided by the Health Department are being
deleted from the updated ordinance. These obsolete fees are listed on the attached fee schedule for general
information.
Summary
With the proposed fee increases, overall Health Department program fees (exclusive of EMS fees) will increase
approximately 38%. This will result in additional annual revenues of approximately$117,500.
Attachments
Beaumont Public Health Department
Fee Survey
Beaumont Amarillo Brazos County Mesquite Laredo Waco-McClennan Abilene-Taylor County
Food Fees
Food $75-$115 $100-$330 $200.00 $200-$300 $35-$280 $75-$300 $65.00
Retail $75-$150 $100-$400 $200.00 $200-$300 $35-$280 $75-$300 $65.00
Daycares $75-$115 $150.00 $200.00 $200-$300 $35-$280 $75-$300 $65.00
Schools $50.00 $150.00 $200.00 $200-$300 $35-$280 $75-$300 $65.00
Other(re-inspection fee) $0.00 $50.00 $100.00 $0.00 $0.00 $0.00
Temporary $20.00 $5-$10 $55.00 $25-$50 half regular fee $25.00 per vendor $20.00
$75 per event
Miscellaneous Health Fees
X-Rays $15.00 n/a n/a n/a $0.00 no information dental only-no charge
Flu Shots $5.00 $10.00 $2.00 $15.00 $3.00 no information $8.00
Minimum clinic fees $5.00 n/a n/a n/a $20(follow up-$7) no information $5.00
Dental fees $5.00 n/a n/a n/a Title V-Medicaid no information $0.00
HIV testing $10.00 $0.00 $0.00 n/a $0.00 no information $0.00
Immunizations $2.00 n/a slidiing scale$0-$12 $15.00 $1.00 per visit $6.00 per visit $4.00/visit multiple shots
TB testing $2.00 $10.00 slidiing scale$0412 $12.00 $0.00 $10.00 $4.00/visit multiple shots
STD treatment $8.00 $0.00 slidiing scale$0412 n/a $0.00 $22.00 $0.00
Animal Control Fees
Impound&Observation fees $15.00 1st $10.00 no response 1st day$25.00 $10.00 1st $50.00 1st no charge
2nd $20.00 $5/day thereafter 2nd $75.00 2nd $20.00
3rd $30.00 3rd$100.00 3rd $50.00
Vaccination fees $8.00 $10.00 no response $10.00 $10.00 n/a $12.00
Boarding fees(per day) $3.00 $4.00 no response n/a $2.00 $6.00-$8.00 n/a
Dead animal removal(per trip) $10.00 n/a n/a n/a n/a n/a n/a
Population of cities/counties surveyed:
0
Beaumont 115,521
Amarillo 168,592
Brazos County 130,000
Mesquite 113,906
Laredo 162,222
Waco-McClennan County 108,562
Abilene-Taylor County 116,000
Beaumont Public Health Department Fee Schedule
Current Fees Proposed Fees Current Revenues Proposed Revenues
Food Establishment Fees: _ _ $82,000.00 $164,000.00
0-10 stools or chairs $75.00 $150.00
11-20 stools or chairs _ _ $80.00 $160.00
21-30 stools or chairs $85.00 $170.00
31-50 stools or chairs _ $90.00 $180.00
51-75 stools or chairs $95.0_0 $190.00
76-100 stools or chairs $100.00 $200.00
101-150 stools or chairs $105.00 _ $210.00 -
151-200 stools or chairs _ _ $110.00 _ $220.00
Over 200 stools or chairs $115.00 $230.00
Special food service establishments(per day) $200.00 $200.00
Establishments needing temporary permits $20.00 $30.00
Establishments needing vending machine licenses $10.00 $50.00 _
Establishments needing seafood/wholesale licenses $40.00 - $40.00 -
Establishments needing seafood/retail licenses _ $20.00 $20.00
School cafeterias,public or parochial $50.00 $50.00 - -
Seasonal food service establishments $37.50 $75.00 - -
Retail food stores with zero to 2 check-out counters - $75.00 - $150.00 _
Retail food stores with 3 to 5 check-out counters $100.00 $200.00
Retail food stores with 6 to 9 check-out counters _ $125.00 $250.00
Retail food stores with 10 or more check-out counters $150.00 $300.00
0
Health Fees $62,500.00 $71,000.00
STD Treatment $8.00 $10.00
Duplicate Immunization Cards $3.00 $3.00
Flu Shots $5.00 $5.00
-- -- --- - ------- ---- ----
Beaumont Community Health Clinic dental fee _ - $5.00 - $5.00
International Travel $25.00 ' $50.00
Immunizations per person, per visit $2.00 $3.00
- --- ----- ----�7skin tests $2.00 $2.00
---- - ---
Current Fees Proposed Fees Current Revenues -Proposed Revenues
-- ---- -
-- --- ------
--- $15,500.00 $24,000.00
Animal Control Fees: ---- - - - - -
Animal control pound&observation fees (First occurrence) $15.00 $30.00 -
-- - --
Second occurrence $15.00 85.0
Third occurrence $15.00 105.0
._
- - - -
Fourth occurrence $15.00 150 -__
Animal control vaccination fees $8.00 $10.00
-- - -
Animal control boarding fees per day $3.00 12.00
- - -
Animal control dead animal removal fee, per trip $10.00 1 .0
In excess of 2 animals per head $3.00 $3.00
_ - - - -- -
Cat traps --- -- -- - --- $5.00 $5.00
-- -- ---- -- - -
Birth and Death certificate fees: - _ - - - $150,000.00 $150,000.00
1. Issuing a certified copy of a birth certificate* $9.00 $11.00
-- ----
2. Issuing a certified copy of a death certificate * $9.00 $9.00
*Adopt rate currently authorized by the State -- -
$11,500.00 $20,000.00
Education&Miscellaneous Fees: -
International Travel Booklet $0.750 $3.00
Lyme Disease Testing $30.00 $40.00
- - --- - -
Food Manager's Course $60.00 $60.00
----- - - -
Tobacco Cessation Classes (estimate: $7,200 revenues) $0.00 $40.00 -
Obsolete Fees ---
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$311,500.00 $429,000.00
TOTAL --. - ---- --
States within the last twelve (12) months. Said bond shall be.in a penal amount as determined by
the city manager or his designee, and shall guarantee that the principal shall well and faithfully
perform every term and condition of his lease and shall comply with all the laws of the state and
ordinances and regulations of the city. Said bond shall be written by an insurance company
licensed to do business in the state and shall be subject to the approval of the city.
(Code 1958, § 9B-8; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
See. 20-28. Box office rates.
Box office rates shall be as follows:
(1) Civic center or arena: Two hundred dollars ($200.00) per week or three (3) per
cent of the gross receipts, whichever is greater.
(2) Auditorium or Harvest Club: One hundred dollars ($100.00) per week.
(Code 1958, § 9B-10; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-29. Prohibited uses.
Any use of the civic center complex facilities which is contrary to the public health,
safety, welfare, or morals, or not in the best interest of the city as determined by the city manager
or his designee, shall be prohibited, and any lease previously executed may be revoked for such
cause and any unearned deposits may be refunded. Any performer or any other person whose
conduct is disorderly or disruptive to facility use, shall be refused entrance or shall be ejected
from the premises as necessary.
(Code 1958, § 9B-11; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-30.Advertising.
No person shall advertise a performance or attraction to be held in any civic center
complex facility until the lease for said facility has been properly executed and all contracts
between all parties involved have been executed and exhibited to the director of the community
facilities department. All advertisements for performance or attractions for which an admission is
to be charged, must state the total admission prices. Failure to comply with this section will result
in forfeiture of all monies paid the city, and may result in refusal by the city to lease any facilities
to said person in the future.
(Code 1958, § 9B-12; Ord. No. 76-74, § 1, 6-22-76; Ord, No. 83-121, § 1, 9-27-83)
Sec. 20-31. Denial of rental request.
The city manager may deny rental of any of the facilities for bookings of a similar nature
a
in the same promotional period of time.
(Code 1958, § 9B-12; Ord.No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-32. Promulgation of rules, regulations and documents; execution of documents.
The city manager is hereby authorized to promulgate rules, regulations and rental
documents, concerning the use and operation of the civic center complex. The city manager or
his designee is hereby authorized to execute all documents necessary for the rental or lease of the
civic center complex facilities.
(Code 1958, § 9B-15; Ord. No. 76-74, § 1, 6-22-76; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-33. Parking lot rates adjacent to Fair Park Coliseum.
The rate for parking in the three (3) fenced parking lots adjacent to the Fair Park
Coliseum for events in the facility shall be one dollar(S 1.00) per vehicle. The city will not
charge for parking for noncommercial events in any Fair Park facility unless requested by the
sponsor of the noncommercial event.
(Ord. No. 78-44, § 4,4-11-78; Ord. No. 83-121, § 1, 9-27-83)
Sec. 20-34. Convention and tourism advisory board.
(a) Created; composition; terms; vacancies; compensation. There is hereby created a
convention and tourism advisory board to be composed of sixteen (16) members who are resident
citizens and qualified voters of the city. The members of the convention and tourism advisory
board shall be appointed by the city council from the following occupational specialties or
agencies as well as from the community at large:
(1) Hotel/Motel;
(2) Restaurant;
(3) Museum-attraction;
(4) Travel;
(5) Advertising;
(6) Media;
(7) Chamber of commerce; and
(8) Lamar University.
The term of office of each member of the convention and tourism advisory board shall be
for two (2) years or until a successor is appointed. Vacancies shall be filled by the city council for
the unexpired term. Members of the convention and tourism advisory board shall serve without
compensation. All members of the convention and tourism advisory board shall be subject to
removal at the will and pleasure of the council.
(b)Duties; of bylaws. The duties of the convention and tourism advisory board
shall be advisory in nature to the city council and the city manager. It shall participate with the
director of the CVB department or his or her designee, in developing convention and tourism
goals and objectives; in devising marketing strategies for accomplishment of those goals and
objectives, and in monitoring the results of implementation of those strategies. It shall participate
in the formulation of the annual budget for convention and tourism activities. The city council
shall select from the membership of the board a chairman, and vice-chairman and such other
officers as may be deemed appropriate.
(Ord. No. 86-75, § 1, 7-29-86; Ord. No. 86-94, § 1, 9-9-86; Ord. No. 90-61, § 1, 10-9-90)