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MIN MARCH 18 2003 M I N U T E S - CITY OF BEAUMONT Lulu L.Smith, Mayor Pro Tern EVELYN M. LORD, MAYOR Guy N. Goodson Andrew P. Cokinos CITY COUNCIL MEETING Becky Ames Bobbie J. Patterson March 18,2003 Audwin Samuel Lane Nichols, City Attorney Kyle Hayes,City Manager Susan Henderson, City Clerk The City Council of the City of Beaumont, Texas, met in a regular session on March 18, 2003, 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 Evelyn Lord called the meeting to order at 1:30 p.m. Mayor Evelyn M. Lord led the invocation. City Manager Kyle Hayes led the pledge of allegiance. Roll call was made by Susan Henderson, City Clerk. Present at the meeting were: Mayor Lord, Mayor Pro Tem Smith, Councilmembers Goodson, Cokinos, and Patterson. Also present was Kyle Hayes, City Manager; Lane Nichols, City Attorney; Susan Henderson, City Clerk; and Betty Braxton, Deputy Clerk. Councilmember Audwin Samuel arrived at 1:34 p.m. and Councilmember Becky Ames arrived at 1:36 p.m. Proclamations, Presentations and Recognitions • A Proclamation was read by Councilmember Cokinos recognizing March 16 through March 22, 2003 as AARP Independent Living Week. James Forey, Community Team Leader for HARP, David Long, of the Ridgewood Center, Sharon Allen, a volunteer at the Best Year's Center, along with other members of the local AARP Chapter accepted the Proclamation. • A Proclamation was read by Councilmember Guy Goodson proclaiming March 16 through March 22, 2003 National Inhalant and Poison Awareness Week. Marilyn Hebert, Chairman of the Drug Free Beaumont Commission and other Commission members received the Proclamation. • A Proclamation was read by Mayor Evelyn Lord recognizing March 20, 2003 as Absolutely Incredible Kid Day, sponsored by Camp Fire USA. Kristie Young, local Executive Director of Camp Fire USA and Lillie Green, Community Development Director for Camp Fire USA, accepted the Proclamation. Public Comment: Persons may speak on items listed on the Consent Agenda or on any General Business item. Hubert Oxford 490 Yount Beaumont, TX Mr. Oxford addressed Council to express his opposition to General Business item No. 3, a proposed ballot proposition to sale four (4) City parks. Mr. Oxford stated most parks were donated by individuals orfamilies who memorialized the parks. He stated an actual budget impact to sell the parks had not been done to compare the true impact of retaining or selling the parks. He asked Councilmembers to vote against the proposed proposition. Jude Peredez 10620 Gage Road Beaumont, TX Mr. Peredez also addressed Council to express his opposition to General Business item No. 3, the proposed ballot proposition to sale four (4) City parks. Mr. Peredez felt an environmental assessment should be performed before selling the parks and before cutting certain vegetation plants that release oxygen as related to Clean Community's Weed Control practices. CONSENT AGENDA Approval of minutes - Minutes of March 4, 2002 Confirmation of committee appointments - Resolution 03-060 Levoris Roy would be appointed to the Drug Free Beaumont Commission. The term would commence March 18, 2003 and expire March 17, 2005. (Councilmember Lulu Smith) Bill Matthews would be reappointed to the Airport Advisory Committee. The current term would expire February 20, 2005. (Councilmember Lulu Smith) Alberta Jones would be reappointed to the Convention and Tourism Advisory Committee. The current term would expire February 5, 2005. (Councilmember Bobbie J. Patterson) Mel Wright would be reappointed as Chairman of the Convention and Tourism Advisory Committee. The current term would expire February 2004. (Mayor Evelyn M. Lord) A) Approve the purchase of microphones and audio transmitters for the Police Department's in-car video camera surveillance systems - Resolution 03-061 B) Approve a resolution authorizing the City Manager to execute an Inter-local Agreement with Jefferson County for the installation of water mains at the Southeast Texas Entertainment Complex - Resolution 03-062 Minutes-March 18,2003 Page 2 C) Approve the execution of a License to Encroach Agreement with Neches Street Properties, L.L.C.,through their agent Apollo Environmental Strategies, Inc.,on the City's Park and Milam Street rights-of-way for the installation of three (3) groundwater monitoring wells - Resolution 03-063 D) Approve the settlement of the lawsuit styled David Leaven v City of Beaumont - Resolution 03-064 Councilmember Cokinos moved to approve the Consent Agenda. Councilmember Goodson seconded the motion. MOTION PASSED. Ayes: Mayor Lord, Mayor Pro Tern Smith, Councilmembers Goodson, Cokinos, Ames, Samuel and Patterson Nays: None GENERAL BUSINESS 1. Consider approving an ordinance authorizing the issuance and sale of$9 million City of Beaumont, Texas, Certificates of Obligation, Series 2003. Frank Ildebrando of RBC Dain Rauscher read results of the sale of the $9 million Certificates of Obligation, Series 2003 by a competitive bid process held just prior to City Council meeting. The bid results are attached hereto as Exhibit "A." Mr. Ildebrando recommended Council award the sale of the Certificates of Obligation to Griffin, Kubik, Stephens and Thompson, Inc., who submitted the lowest bid for this specific sale. Councilmember Cokinos moved to approve Ordinance 03-016 ENTITLED AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF $9,000,000 THE CITY OF BEAUMONT, TEXAS, CERTIFICATES OF OBLIGATION, SERIES 2003; LEVYING TAXES TO PROVIDE FOR PAYMENT THEREOF; AND CONTAINING OTHER MATTERS RELATED THERETO. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE 2. Consider amending Ordinance No.03-007 Section 3,paragraph"j"changing compensation rate for precinct judges and clerks who will work in the General Election May 3, 2003 and who will work, if necessary, in a Runoff Election May 17, 2003 from$6.00 per hourto$8.00 per hour. Minutes-March 18,2003 Page 3 Councilmember Samuel moved to approve Ordinance No,03-017 ENTITLED AN ORDINANCE AMENDING SECTION 3,PARAGRAPH"J"CHANGING COMPENSATION RATE FOR PRECINCT JUDGES AND CLERKS WHO CONDUCT EARLY VOTING AND WILL WORK, IF NECESSARY, IN A RUNOFF ELECTION MAY 17, 2003; PROVIDING FOR REPEAL. Councilmember Ames seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE 3. Consider adoption of an ordinance amending General Election Ordinance 03-007 to provide for a ballot proposition authorizing the sale of a .97 acre portion of Combest Park and all of Hebert, Jacobs and Oakland/Maple Parks on the May ballot. Councilmember Samuel moved to deny an adoption of an ordinance amending General Ordinance No. 03-007 to provide a ballot proposition authorizing the sale of a 0.97 acres of Combest Park and all of Hebert Park,Jacobs Park and Oakland/Maple Park. Councilmember Patterson seconded the motion. MOTION PASSED. AYES: COUNCILMEMBERS GOODSON,COKINOS,AMES,SAMUELAND PATTERSON NAYS: MAYOR LORD AND MAYOR PRO TEM SMITH 4. Consider amending Chapter 28, Article V, Industrial Waste Standards of the Code of Ordinances. Councilmember Goodson moved to approve Ordinance No. 03-018 ENTITLED AN ORDINANCE AMENDING CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT BY REPEALING, SECTIONS 28-100 THROUGH 29-106, AND ENACTING NEW SECTIONS 29-100 THROUGH 28-106, REGULATING THE DISPOSAL OF INDUSTRIAL WASTEWATER IN THE CITY OF BEAUMONT;THE USE OF PUBLIC AND PRIVATE SEWERS AND DRAINS;THE REMOVALAND DISPOSAL OF WASTEWATER FROM HOLDING TANKS; PROVIDING A PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH;AND PROVIDING FOR SEVERABILITY. Mayor Pro Tern Smith seconded the motion. MOTION PASSED. AYES: MAYOR LORD, MAYOR PRO TEM SMITH, COUNCILMEMBERS GOODSON, COKINOS,AMES, SAMUEL AND PATTERSON NAYS: NONE Minutes-March 18,2003 Page 4 • WORK SESSION • Discuss election procedures, terms and possible Charter amendments City Attorney Lane Nichols presented various alternatives to the City's current election procedures that could warrant proposed Charter amendments. The alternatives addressed changing term limits Councilmembers are elected for and eliminating staggering terms between Ward and At-Large Councilmembers. A general consensus was reached by Council to act alone as the Charter Review Board,researching and presenting possible Charter amendment propositions for the 2004 elections. The Council also agreed on the following issues so City Attorney Lane Nichols could present additional alternatives and charts for Council's review: • not to change the General Election date from May to November • to remove staggering terms between Ward and At-Large Councilmembers • to change elected terms from two (2) year to three (3) year terms Council also agreed to review the Charter and hold monthly workshops beginning in June 2003 to discuss and present possible amendment propositions in May 2004 to amend other Articles in the City's Charter. • Discuss proposed changes to the Code of Ordinances relating to Junk Motor Vehicles, Weed Control and Litter Control John LaBrie, Clean Community Director, presented to City Council proposed ordinance amendments to Chapter 13 of the Code of Ordinances titled "Health and Sanitation" related to "Nuisances." These proposed amendments are attached hereto and made apart of as Exhibit"B." The proposed changes would affect three issues: • Junk Motor Vehicles • Weed Control • Litter Control Mr. LaBrie also proposed dividing Chapter 13 by renumbering Ordinances to group together those related to the Health Department and those related to Clean Community. Mr. LaBrie also explained the proposed amendments would incorporate new State Law provisions to enhance voluntary compliance from citizens in violation and to allow more efficiency in the inspection, enforcement and abatement processes related to nuisances. Audio and video tapes are available upon request in the City Clerk's office. Minutes-March 18,2003 Page 5 EXECUTIVE SESSION Mayor Lord announced that immediately following regular Council Meeting Councilmembers would reconvene for Executive Session to considerthe following matters: • Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: Don Salter v City of Beaumont & County of Jefferson (TC) International Association of Firefighters,Local 399 v Cityof Beaumont TJC Investments Small Business Revolving Loan Default Councilmembers comment on various matters Mayor Pro Tern Smith reported the trip Councilmembers made to Washington, D.C. for the National League of Cities Conference, March 4 through March 11, 2003 was productive. Mayor Pro Tern Smith stated she felt,from discussions in meetings held with legislators from our area, financial assistance for streets and transportation would be provided to the City. Councilmember Goodson - None Councilmember Cokinos - None Councilmember Ames - None Councilmember Samuel - None Councilmember Patterson announced a Public Hearing would be held Thursday, March 20, 2003 for the Community Development Block Grants' applicants. Mayor Evelyn Lord stated she received a telephone call from a concerned citizen upset about landscaping workers blowing cut grass and debris in drainage openings on Dowlen Road. Mayor Lord asked that such workers and owners of yard service businesses be careful to keep such debris from drainage openings. Mayor Lord also asked the City Clerk to reflect in City Council meeting minutes absences of Councilmembers when they attend conferences. City Manager Kyle Hayes - None City Attorney Lane Nichols - None Minutes-March 18,2003 Page 6 Public Comments (Persons are limited to three minutes) Ruth Naumczik 370 Giles Beaumont, TX Mrs. Naumczik stated hergratitude to Clean Community stafffortheir continued efforts of working with the South Park Neighborhood Association members to rid the South Park area of neighborhood nuisances relating to junk motor vehicles,weed control and dilapidated structures. She expressed her support of the proposed ordinance amendments presented to Council by John LaBrie, Clean Community Director. Mrs. Naumczik also presented Council with a coloring book created by the Stuessel family, other members as well as office holders in the South Park Neighborhood Association. The coloring book is to promote the Association. Joan Stuessel 245 Giles Beaumont, TX Mrs.Stuessel,treasurerof the South Park Neighborhood Association, also expressed hersupport of the proposed ordinance amendments for the Clean Community Department. Mrs. Stuessel stated the changes would help Clean Community staff have more time to perform inspections and to work directly with citizens to achieve voluntary compliance of ordinances. Robert Preston 1190 Iowa Beaumont, TX Mr. Preston stated he promoted cleaning up neighborhood nuisances. Mr. Preston wanted to obtain three Municipal Court offense case numbers from the City Manager Kyle Hayes. He also stated an act of vandalism was committed on his property recently. He stated he telephoned for police assistance. Mr. Preston reported that he was harassed by police officers instead of the perpetrators. Leroy Lewis, III 7866 Gladys Beaumont, TX Mr. Lewis asked Council to support the proposed ordinance amendments presented by Clean Community Director, John LaBrie. Mr. Lewis reported a damaged utility pole at the intersection of College and 11th Street. He reported pot holes and excessive debris on Emmett Street. Mr. Lewis also reported the dilapidated condition of the closed Amtrak Station. Emma Jean Johnson 674 Washington Beaumont, TX Mrs. Johnson invited citizens who live in the South Park area to attend the South Park Neighborhood Association meetings. She thanked the Association members for past help rendered to her. Dorothy Evans 2528 Arthur Lane Beaumont, TX Mrs. Evans thanked Council for the Proclamation recognizing AARP Independent Living Week. Mrs. Evans also invited citizens to attend the local AARP Chapter meetings held the second Friday of every month at the Best Year's Center, 780 South 4th Street. Minutes-March 18,2003 Page 7 Jude Peredez 10620 Gage Road Beaumont, TX Mr. Peredez read Bible scriptures to express his opposition to the United States declaring war on Iraq. He offered prayers on behalf of the United States soldiers and the Iranian children. James Forey 3104 Seattle Nederland, TX Community Team Leader for AARP Mr. Forey thanked Council again for the Proclamation recognizing AARP Independent Living Week. He also offered his support for the soldiers of the United States armed services being deployed overseas. Audio and video tapes are available upon request in the City Clerk's Office. There being no further business, the meeting adjourned at 3:52 p.m. S, Mayor Evelyn ord 10 4K Susan Henderson, City Clerk Minutes-March 18,2003 Page 8 EXHIBIT "A" City of Beaumont $9,000,000 Certificates of Obligation Series 2003 Bid Results Net Total Bid Interest Interest Award Bidder Name Cost Cost 1 Griffin, Kubik, Stephens & Thompson, Inc. 3.534515 $3,062,127.50 2 William R. Hough & Co. 3.564733 3,088,306.25 3 Legg Mason Wood Walker, Inc. 3.573999 3,096,333.75 4 The Independent Banker's Bank 3.588123 3,108,570.00 5 First Southwest Co. 3.589776 3,110,002.50 6 US Bancorp Piper Jaffray 3.591386 3,111,397.50 7 Morgan Keegan & Company, Inc. 3.597833 3,116,982.50 8 RBC Dain Rauscher 3.605002 3,123,193.75 9 FTN Financial 3.631000 3,145,792.50 10 Wells Fargo Brokerage 3.642652 3,155,811.20 CXHIBIT "B" REVISED JUNK MOTOR VEHICLE ORDINANCE SECTION OLD ORDINANCE NEW ORDINANCE 13-56 (a) 13-15 (a) Referenced the Vernon's Texas The transportation code subchapter E Section Civil Statutes Article 6701d-11, 683.071, as amended, that: Section 1 REASON FOR PROPOSED CHANGE Update in City code to simplify reference to state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-56 (l) 13-15 (a) (1) Old definition of JMV (1) Is a vehicle that is self-propelled and does (1) referred to as inoperative. not have lawfully attached to it both an Divided the paragraph and unexpired licence plate and a valid motor made sentence (1) and (2) vehicle inspection certificate; REASON FOR PROPOSED CHANGE 1,2, was reworded to simplify for better understanding and to coincide with updated state law and (3) was added to coincide with state law. Ordinance written in outline form for clarity. SECTION OLD ORDINANCE NEW ORDINANCE 13-56 (2) (3) (2) (2) continuous period of more (2) and is wrecked, dismantled or partially than forty-five (45) days on dismantled or discarded; or inoperable and has private property. Changed this remained inoperable for more than 72 to sentence (3) which was consecutive hours, if the vehicle is on public added to reference in new state property; or law. (3)Did not exist. (3) 30 consecutive days, if the vehicle is on private property. REASON FOR PROPOSED CHANGE New outline for easier reading and understanding. New information is updated from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-56 (b) 13-15 (a) Definition of antique vehicle: Is at least twenty-five(25)years old. Car or truck that is at least thirty-five (35)years old. REASON FOR PROPOSED CHANGE Updated state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-57 13-15 (b) A junked vehicle that is located including a part of a junked vehicle(was in a place where it is visible added) from a public place or public right-of-way. REASON FOR PROPOSED CHANGE Updated state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-58 (4) 13-15 ( c) Appeal was made in person or Appeal will be made the same way, but it will (4) writing to municipal clerk. be made to the Clean Community Director or his designee. Time period and requirement for appeal. REASON FOR PROPOSED CHANGE At this point the junked motor vehicle has not been removed and it is not necessary to have a hearing in municipal court. This will allow a hearing at a lower level which can possibly bring a faster compliance. SECTION OLD ORDINANCE NEW ORDINANCE 13-58 (b) 13-15 ( c) A date not less than ten(10) Abatement of the nuisance shall be continued 2nd par. days after the date of the return to a date not earlier than the(1 lth) day after of the certified mail receipt. the date of the return of the certified mail Statement made for the removal receipt. and abatement of the public nuisance. REASON FOR PROPOSED CHANGE Updated state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-58 ( c) 13-15 ( c) Paragraph did not exist. The procedures shall provide that the 3rd par. relocation of a junked vehicle that is a public nuisance to another location in the same city after a proceeding for the abatement and the removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. REASON FOR PROPOSED CHANGE Updated state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-58 (d) 13-15 (c) Paragraph did not exist. If the property owner or occupant commits 4th par. another violation of the same kind or nature at the same location that poses a danger to the public health and safety within a twelve month period from the date of notice, the City, without further notice, may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by this subsection occurs within the twelve month period, and the City has not been informed in writing by the owner of an ownership change; then the City, without further notice, may take any action as provided by subsections (a) (1) and (2) and assess its expenses as provided by Section 342.007 of the Health and Safety Code. REASON FOR PROPOSED CHANGE Updated state law. This will also help with residential property that frequently is in violation of the ordinance because of auto repair. This is an on-going problem and is also a violation of the zoning ordinances. The Clean Community Department will work with the Zoning Department on this issue. SECTION OLD ORDINANCE NEW ORDINANCE 13-61 13-15 (5) Added title. Vehicle Storage Facility- Issuance of License REASON FOR PROPOSED CHANGE Better format for easier reading and understanding and to coincide with updated state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-62 (a) (5) (6) 13-15 (6) Did not provide time frame for If a vehicle storage license is revoked, the (e) abatement if vehicle storage owner and/or occupant of the vehicle storage permit is revoked. facility has sixty(60) days to remove and/or abate all junked vehicles, including parts of a junked vehicle. REASON FOR PROPOSED CHANGE Added for stricter enforcement to achieve faster compliance and to coincide with state law. OLD ORDINANCE NEW ORDINANCE REFERENCE WAS VERNON'S TEXAS STATE LAW REFERENCES: CIVIL STATUTES TRANSPORTATION CODE, TITLE 7, CHAPTER 683, SUBCHAPTER E, JUNKED VEHICLES; PUBLIC NUISANCE, ABATEMENT (VEHICLE& TRAFFIC) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING JUNKED MOTOR VEHICLES IN THE CITY OF BEAUMONT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13,Section 13-15 of the Code Of Ordinances of the City of Beaumont, be and the same is hereby repealed and a new Article V is hereby enacted to read as follows: ARTICLE V. JUNKED MOTOR VEHICLES Sec. 13-56. Definitions. When not inconsistent with the context, words used in the present tense shall include the future;words used in the plural number include the singular number;and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) Junked motor vehicle means any motor vehicle as defined in the Transportation Code Subchapter E Section 683.071, as amended, that: (1) Is a vehicle that is self-propelled and does not have lawfully attached to it both an unexpired license plate and a valid motor vehicle inspection certificate; (2) and is wrecked, dismantled or partially dismantled, or discarded; or inoperable and has remained inoperable for more than 72 consecutive hours, if the vehicle is on public property; or (3) remains inoperable for 30 consecutive days, if the vehicle is on private property. (b) Antique auto means a passenger car or truck that is at least 25 years old. Page 1 GALANBSEC.13-15.JUNKED MOTOR VEHICLES.WPD (c) Special interest vehicle means a motor vehicle of any age which has not been altered or modified from original manufacture's specifications and, because of its historic interest, is being preserved by a hobbyist. (d) Collectormeans the owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades, or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. Sec. 13-57. Declared a public nuisance. A junked vehicle, including a part of a junked vehicle, that is located in a place where it is visible from a public place or public right-of-way, is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism,creates fire hazards, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the state by producing urban blight adverse to the maintenance and continuing development of the municipalities in the state, and is a public nuisance.This section shall not apply with regard to: (a) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; (b) A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with a business of a licensed vehicle dealer or a licensed junkyard; or (c) Unlicenced, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. Sec. 13-58. Notice. (a) For abatement and removal of a public nuisance from private property, public property or public right-of-way within the city, the city manager or his designee shall send notice to the owner of the junked motor vehicle and the owner or occupant of the premises where the nuisance exists if on private property, or the owner or occupant of the premises adjacent to the public right-of-way on which the nuisance exists. The notice shall state the following: (1) The nature of public nuisance; (2) That it must be removed and abated within ten (10) days; Page 2 GA ANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD (3) That if a hearing is desired, before the removal of that vehicle or vehicle part, a request for such hearing shall be made before expiration of the ten-day period; and (4) That the owner shall request, either in person or in writing, to the Clean Community Director or his Designee to set a date and time of hearing. (b) The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record,and the owner or occupant of the private property,public property,or public right-of-way on which the public nuisance exists. If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not earlier than the (11') day after the date of the return. (c) The procedures shall provide that the relocation of a junked vehicle that is a public nuisance to another location in the same city or county after a proceeding for the abatement and the removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location. (d) If the property owner or occupant commits another violation of the same kind or nature that poses a danger to the public health and safety within a twelve month period from the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within a twelve month period, and the city has not been informed in writing by the owner of an ownership change, then the city without notice may take any action as provided by Subsections (a) (1) and (2) and assess its expenses as provided by Section 342.007 of the Health and Safety Code. Sec. 13-59. Hearing. (a) Hearing. If a hearing is requested it shall be held not earlier than the eleventh (11`h) day after the date of the service of notice, a public hearing must be held before the vehicle or vehicle part is removed.The hearing shall be held before the municipal magistrate as provided herein. (b) Determination; abatement. The municipal magistrate shall conduct hearings brought before said court,as set out herein, and shall determine whether the defendant is in violation of this section. Upon a finding that said defendant is in violation of this section, said defendant shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty provision hereinafter setforth in Beaumont Code of Ordinances,section 1-8.The magistrate shall further order such defendant to remove and abate said nuisance within ten (10)days,the same being a reasonable time.If the defendant shall fail and refuse,within said ten (10) days, to abate or remove the nuisance,the magistrate may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required aby law. (c) Compliance. If, within ten (10) days after receipt of notice from the city manager or his designee, to abate the nuisance, as herein provided, the owner of the junked motorvehicle or owner or occupant of the premises shall give his written permission to the city manager or his designee for removal of the junked motor vehicle from the premises,the giving of such permission shall be considered compliance with the provisions of this section. (d) Failure to comply, filing a complaint. If a hearing is not requested within the ten-day period provided by subsection(c) and the nuisance is not removed and abated by the persons notified, the city shall request of the magistrate an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The city manager or his designee shall,thereafter,dispose of said junked motor vehicle in such manner as required by law. (e) Removal when owner unknown. If there is a junked motor vehicle, as herein defined, on any premises, and neither the owner of the premises nor the owner of said vehicle can be found and notified to remove same, then, upon a showing of such facts to the municipal magistrate, the court may issue an order directing the city manager or his designee to have the same removed, and the city manager or his designee shall take possession of said junked motor vehicle and remove it from the premises. The order requiring the removal of a vehicle or vehicle part must include a description of the vehicle and correct identification number and license number if the information is available at the site.The city manager or his designee shall thereafter dispose of said junked motor vehicle in such manner as required by law. (f) Notice to state highway department. Within five (5) days after the date of removal of any vehicle under this section, notice shall be given to the Texas Highway Department. Said notice must identify the vehicle or vehicle part thereof removed. (g) Reconstruction afterremoval. After a vehicle has been removed, it shall not be reconstructed or made operable. (h) Administration of section. This section will be administered by regularly salaried full-time employees of the city, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person. Sec. 13-60. Regulation of storage of certain motor vehicles. The owner of a junk motor vehicle which is exempt from the application of section 13-15 by section 13-15(b)(2) shall be required to comply with the licensing and other Page 4 G:VANE\S EC.13-15.JUNKED MOTOR VEHICLES.WPD requirements of this subsection. The word "person", as used herein, shall mean any person, firm, partnership, association, corporation, company, or organization of any kind. (a) It shall be unlawful for any person to keep junk motor vehicles which are exempt under 13-15(b)(2) without first having obtained a license for each such location from the city manager or his designee in accordance with the provisions of this subsection. (b) An applicant for a license under this ordinance shall file with the city manager or his designee a written application provided by city and signed by the applicant. (c) All licenses shall be permanent unless revoked as provided herein. A one-time license fee of ten dollars ($10.00) shall be submitted with the application to city. No fee will be required of an applicant which is exempt from ad valorem taxation as an institution of purely public charity. (d) A license issued hereunder shall be automatically void if the licensee does not operate the licensed business for a continuous period of two (2) years. Sec. 13-61. Vehicle Storage Facility—Issuance of license (a) The license issued pursuant to this ordinance shall be plainly displayed on the business premises. (b) The business premises, together with all things kept therein shall at all times be maintained in a sanitary condition. (c) No space not covered by the license shall be used in the licensed business. (d) No water shall be allowed to stand in any place on the premises in such manner as to afford a breeding place for mosquitos. (e) Weeds and other uncultivated growth on the premises, other than trees, shrubs and bushes shall be kept at a height of not more than twelve (12) inches. (f) No property of the licensee shall be allowed to rest on or protrude over any public street or right-of-way, walkway or curb, or become scattered or blown off the business premises. (g) The property of the licensee shall be arranged so as to permit easy access for firefighting purposes. (h) No combustible material of any kind not necessary or beneficial to the licensed business shall be kept on the premises; nor shall the premises be allowed to become a fire hazard. Page 5 G:UANE\SEC.13-15.JUNKED MOTOR VEHICLES.WPD (i) The area of the premises where junk motor vehicles exempted under section 13-15(b)(2)are kept which is visible from a public right-of-way and which fronts on a public right-of-way shall be screened with an eight-foot opaque vertical masonry wall or woodboard fence unless there is existing at the time this ordinance is passed, a fence of any type which is made opaque within sixty(60)days of the date of this ordinance.A chain link fence with slats in each link will be considered to be opaque for purposes of this section. Every twenty-five (25) feet along the wall or fence a tree shall be planted and maintained. The trees shall be at least two (2) inches in caliber and six (6) feet in height or greater at planting and shall be within ten (10) feet of the wall or fence. Construction shall be in accordance with the standards as approved by the building official of the City of Beaumont. Such fences and walls shall be maintained in good repair and shall be kept vertical, uniform and structurally sound. No fence shall be required should a one hundred-foot buffer exist between all public rights-of-way and storage of junk so long as the trees required herein are planted, existing and maintained. (j) The licensee shall permit inspection of the business premises by the city manager or his duly authorized agent at any reasonable time. Sec. 13-62. Notice of Revocation. (a) The city manager or his designee, prior to revocation of any license issued hereunder shall give written notice to the holder of said license. Such notice shall contain the reason for the proposed revocation, and provide that the revocation shall be effective fifteen (15) days after notice unless an appeal is filed. The following shall constitute grounds for revocation of the license issued hereunder: (1) The licensee has violated any provision of this section. (2) The licensee has obtained his license through fraud, misrepresentation or misstatement. (3) The licensed business or activity is being conducted in a manner detrimental to the health, safety, or general welfare of the public, or is a nuisance, or is being operated or carried on in any unlawful manner. (4) The licensed business or activity is no longer being operated on this licensed premises. (5) If a license is revoked the owner and/or occupant of the vehicle storage facility has sixty(60) days to remove or abate all Junked vehicles, including parts of a junked vehicle. (6) If the owner or occupant of the vehicle storage yard fails or refuses to remove all junked vehicles and parts of a junked vehicle within the sixty(60) day period, the city may file charges with municipal court and may clean the Page 6 GALANBSECA3-15JUNKED MOTOR VEHICLES.WPD property and charge the expense thereof to the person who had a license on the property. (b) Appeal of the revocation or refusal to grant a license hereunder shall be made in writing to the city manager within fifteen (15) days after notice of revocation or refusal to grant or renew a permit. The city shall appoint a hearing officer to hear said appeal if such request was timely. Revocation shall be suspended pending hearing by the hearing officer and such hearing shall be held within thirty (30) days of the date of receipt of the request for hearing. The substantial evidence rule shall apply, and the decision of the hearing officer shall be final. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, orthe application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 3. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor Evelyn M. Lord - Page 7 G:VANE\S EC.13-15.JUNKED MOTOR VEHICLES.WPD REVISED WEED ORDINANCE SECTION OLD ORDINANCE NEW ORDINANCE 13-50 ( c ) 13-50 ( c) Upon conviction fine was Upon conviction $100.00 with maximum of $50.00 min. with a max. of $500.00 $500.00. This comes in to play if the property is not accessible and charges are filed. Municipal court judge assesses fines. REASON FOR PROPOSED CHANGE Fines have not been increased since 1992 SECTION OLD ORDINANCE NEW ORDINANCE 13-50 (d) 13-50 (d) Second conviction$100.00 Second conviction $200.00 (Charges filed a second time) REASON FOR PROPOSED CHANGE Fines have not been increased since 1992 SECTION OLD ORDINANCE NEW ORDINANCE 13-51 (b) (c) 13-51 States that the designated Added new outline and new information on enforcement officer will enforce how the owner will be notified, what happens the terms and conditions of this if violation occurs again, what happens if City article. (Only stated information is not notified of owner change and how to on enforcement) notify City. Added new outline and changed amount of time to abate and also how notification was sent. The state law will allow the City to issue one notice in a twelve month period. New title added. REASON FOR PROPOSED CHANGE New outline for easier reading and understanding. New information is updated from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-52 (a) (b) ( c) (d) 13-52 Was 10 days to remove weeds 7 days to remove weeds, notify by certified and notifying by regular mail or mail, or published at least once. What will published twice. happen if not brought into compliance. REASON FOR PROPOSED CHANGE New outline for easier reading and understanding. New information is update from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-53 (a) (1 thru 11) 13-53 Fail to remove or cut weeds 7 days, added outline and added#4 within 10 days. Had no outline and#4 did not exist. REASON FOR PROPOSED CHANGE New outline for easier reading and understanding. New information is update from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-54 (a) (b) (c 1 thru 4) (d) thru (g) 13-54 This section did not exist. New references of state law REASON FOR PROPOSED CHANGE New outline for easier reading and understanding. New information is update from state law. OLD ORDINANCE NEW ORDINANCE REFERENCE WAS VERNON'S TEXAS REFERENCE IS HEALTH AND SAFETY CIVIL STATUTES CODE, TEXAS PENAL CODE AND LOCAL GOVERNMENT CODE ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING THE REGULATIONS CONCERNING WEED CONTROL BY AMENDING NOTICE AND ENFORCEMENT REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Sections 13-50(c) and 13-50(d) be and the same are hereby amended to read as follows: ARTICLE IV. WEED CONTROL Sec. 13-50. Permitting growth of weeds on lots or premises. (c) If it be shown that a person,firm, or corporation has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than the maximum fine of five hundred dollars ($500.00) prescribed by section 1-8 of this Code for each offense. Section 1-8 states that it shall be unlawful for any person to violate or fail to comply with any provision of this Code. Where no specific penalty is provided therefor, the violation of any provision of this Code shall be punished by a fine. (d) Upon a second conviction for a violation on the same property, the defendant shall be punished by a fine of not less than two hundred dollars ($200.00) nor more than the maximum fine prescribed by Section 1-8 of this Code for each offense. Section 2. That Chapter 13, Section 13-51 of the Code of Ordinances be and the same is hereby amended to read as follows: Sec. 13-51. Enforcement and notice. (a) The designated enforcement officer shall enforce the terms and conditions of this article. Page 1 G:UANE\WEED0RD2.WPD (b) If the owner commits another violation by allowing weeds, grass or uncultivated plants to exist on the property in violation of this Article, within twelve months after the date of the notice provided for herein, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. (c) If a violation covered by a notice under this subsection occurs within a twelve month period, and the city has not been informed in writing by the owner of a change in ownership then the city without notice may take any action permitted by Section 13-52. Section 3. That Chapter 13, Section 13-52 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-52. Notice to remove. (a) It shall be the duty of the enforcement officer to notify the owner and/or agent of any premises within the city not dedicated to an agricultural use which is in violation of Section 13-50 to remove such weeds within seven(7)days afer such notice shall be made as provided in this Article.. (b) If the owner of property does not bring the property into compliance with this Article within seven (7) days after notice of a violation, the city may do the work or make the improvements required, pay for the work done or improvements made and charge the expenses to the owner of the property. (c) The notice required under this section shall be in writing and may be served on the owner or agent by; (1) handing it to him or her in person; (2) by certified mail addressed to the owner at the owner's address as recorded in the Jefferson County Appraisal District records; (3) or if personal service cannot be obtained, by publication at least once in the city's greatest circulated newspaper. (d) If the city mails a notice to a property owner in accordance with this section, and the United States Postal Service returns the notice as "refused" or "unclaimed", the validity of the notice is not affected, and the notice is considered as delivered. Section 4. Page 2 GALANE\WEED0RD2.wPD That Chapter 13, Section 13-53 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-53. Right of the city to cut weeds, assessment of costs. (a) Should the owner of any lot or premises upon which weeds, grass, or uncultivated plants have been permitted to grow in violation of this article fail or refuse to cut or remove such weeds, grass or uncultivated plants within seven (7)days after notice, as provided in section 13-52; (1) The enforcement officer is hereby authorized to cause such weeds, grass or uncultivated plants to be cut and removed at the expense of the city, and to assess the expenses thereof to the owner, as shown on the tax roll of the real estate or lot upon which such expense is incurred. (2) The fee for cutting shall be billed to the owner of the premises at the rate of one cent ($0.01) per square foot, not less than twenty-five dollars ($25.00), plus an administrative fee of fifty dollars ($50.00) to cover all administrative costs. (3) A statement of expenses which includes administrative fees, incurred by the city for the cutting and removal of weeds, grass or uncultivated plants cut in accordance with this section shall be mailed to the property owner shown on the tax roll at the time of service. This statement of expenses shall, in addition to stating the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. (4) Payment is due and is considered delinquent if not received within thirty(30) days of the date on the statement of account from the City (5) If payment is not made within ninety(90)days of such delinquency,the city's authorized agent is hereby authorized to add a lien assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city in the cutting and removal of weeds,grass or uncultivated plants under this section and to file said statement of expenses as a lien at the Jefferson county clerk's office against the premises which are in violation of this article. (6) The lien obtained by the city is security for the expenditures made and interest shall accrue at the rate of 10 percent annually on the unpaid balance due from the date of payment by the city. Page 3 G:UANE\WEEDORD2.WPD (7) The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provision of Health & Safety Code, Section 342.007, which lien shall be second only to tax liens and liens for street improvements. (8) The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due. (9) The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements and of proper notices as required by this Article. (10) The remedy provided by this section is in addition to the remedy provided by Section 342.005 of the Health & Safety Code. (11) The governing body of a city may foreclose a lien on property under this section in a proceeding relating to the property brought under Chapter 32, Tax Code. Section 5. That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 13-54 to read as follows: Sec. 13-54. Additional Authority to Abate Dangerous Weeds. (a) The city may abate, without notice, weeds that have grown higher than 48 inches and are an immediate danger to the health, life, or safety of any person. (b) Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by Section 342.006 of the Health & Safety Code. (c) The notice shall contain: (1) identification, which is not required to be a legal description, of the property; (2) a description of the violations of the ordinance that occurred on the property; (3) a statement that the city abated the weeds; and (4) an explanation of the property owner's right to request an administrative hearing related to the city's abatement of the weeds. Page 4 GALANE\WEED0RD2.WPD (d) The Clean Community Department Director or his designee shall conduct an administrative hearing on the abatement of weeds under this section if the property owner files with the city a written request for a hearing within thirty (30) days of the date of the notice required under this section. (e) An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. (f) The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 342.007 of the Health&Safety. A lien created under this section is subject to the same conditions as a lien created under Section 342.007 of the Health & Safety Code. (g) The authority granted a city by this section is in addition to the authority granted by Health & Safety Code, Section 342.006. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. Page 5 G:\LANE\WEEDORD2.WPD PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 2003. - Mayor Evelyn M. Lord - Page 6 G:\LANE\WEEDORD2.WPD REVISED LITTER ORDINANCE SECTION OLD ORDINANCE NEW ORDINANCE 13-69 13-69 Section did not exist. Explanation of the context and addition of definitions. New outline added. REASON FOR PROPOSED CHANGE More precise interpretation of words. SECTION OLD ORDINANCE NEW ORDINANCE 13-71.1 (a) (b) ***** Section did not exist. Information of duties for enforcement officer, how notices are to be sent and time frame to abate violation REASON FOR PROPOSED CHANGE Updated information from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-71.1 ( c) (d) ***** Section did not exist. Explanation of City authority. Provides for only one notice per year to be sent to property owners and/or tenants. If a violation occurs at same location within the one year, City can abate without notice to property owner and assess charges. REASON FOR PROPOSED CHANGE Updated information from state law. SECTION OLD ORDINANCE NEW ORDINANCE 13-72 ( c) 13-72 ( c) Allow 10 days to abate. Allow 7 days to abate. REASON FOR PROPOSED CHANGE Updated information from state law. OLD ORDINANCE NEW ORDINANCE REFERENCE WAS VERNON'S TEXAS REFERENCE IS HEALTH AND SAFETY CIVIL STATUTES CODE AND LOCAL GOVERNMENT CODE ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING REGULATIONS CONCERNING LITTER AND LITTERING; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 13, Article VII, of the Code of ordinances be and the same is hereby amended to amend Section 13-69 to read as follows: Sec. 13-69. Definitions. When not inconsistent with the context, words used in the present tense shall include the future; words used in the plural number include the singular number; and the words used in the singular in the plural number. The word "shall"is always mandatory and not merely directory. (a) Container means a sturdy, durable, watertight, reusable receptacle with a tight-fitting lid designed to prevent exposure or dispersion of its contents by the elements, or a plastic bag not less than one and one-half (1 %) mil thick that has a capacity of not more than thirty (30) gallons and that is tied or closed securely. (b) Elements means any man-made or natural force that, with reasonable foreseeability, could carry litter, trash, garbage, or waste from one place to another and includes air currents, rain, water currents, and animals. (c) Litter means any man-made or man-used object, organic or inorganic material, or solid waste, and specifically includes trash which is not placed in: (1) A "container' as defined herein; or (2) An authorized sanitary waste disposal site; or (3) Another approved area, depository, or vehicle designated for transport or disposal of litter, trash, garbage, or waste. (d) Person means any individual,corporation,partnership,organization,business trust, estate, trust, association, and any other legal entity. Page 1 G:UANBLITTER.MD Section 2. That Chapter 13 of the Code of Ordinances of the City of Beaumont be and the same is hererby amended to add a new Section 13-71.1 to read as follows: Sec.13-71.1. Notice to Remove and Authority to Abate. It shall be the duty of the enforcement officer to notify the owner and/or occupant of any premises within the city which is in violation of Section 13-70 or 13-71 by: (a) Written notice issued by hand notice in person to the property owner and/or occupant or person(s) responsible for improperly disposing of the litter or; (b) Certified letter issued to the owner as listed on the Jefferson County Appraisal District Roll and to the occupant stating that the violation must be corrected within Seven (7) days from the date of issuance of the letter (c) If the owner and/or the occupant commits another violation of"littering" as stated in Section 13-70 or 13-71 on the property within twelve months after the date of the notice,the City may correct the violation at the owners's expense and assess the expense against the property. (d) If a violation covered by a notice under Section 13-70 or 13-71 occurs within •twelve month period after such notice , and the city has not been informed in writing of • change in ownership, then the city, without further notice may take any action permitted by Section 13-72 Section 3. That Chapter 13, Section 13-72(c) of the Code of Ordinances of the City of Beaumont is hereby amended to read as follows: Sec. 13-72. Fines and penalties. (c) In addition to the fines and penalties provided for in this section, if a person owning or occupying land or property fails to remove litter, trash, garbage or waste from the property within seven (7) days after notice as provided in Health & Safety Code, Chapter 342, Subchapter A 342.006, the city is hereby authorized to cause such litter, trash, garbage, or waste to be removed with the expenses of cleaning and removal to be payable by the owner or occupant of the property. Page 2 G:\LANE\urTER.waD Section 4. That Chapter 13, Section 13-73 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-73. Assessment of cost; remedy by the city. The city shall assess to the owner or occupant of the property actual cleaning and removal expenses, not less than twenty-five dollars, ($25.00), plus an administrative fee of fifty dollars ($50.00). A statement of expense which includes administration fees, incurred by the city in the cleaning and removal of any litter,trash,garbage,or waste under this article shall be mailed to the property owner as shown on the tax roll at the time of service. The statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done, and a description of the lot or premises upon which such work was done. Payment is due and is considered delinquent if not received by the city within thirty (30) days. If payment is not made within ninety (90) days of such delinquency, the city's authorized agent is hereby authorized to add a lien assessment fee of fifty dollars ($50.00) to the statement of expenses incurred by the city in the cleaning and removal of any litter, trash, garbage or waste under this section and to file said statement of expenses as a lien at the county clerk's office of this county against the premises which are in violation of this article. This statement of expenses shall, in addition to giving the amount of such expense, provide the date upon which such work was done and a description of the lot or premises upon which such work was done. The city shall have a privileged lien upon such lot or real estate upon which such work was done or improvements made to secure the expenditure so made, in accordance with provisions of Health & Safety Code, Chapter 342, Subchapter A, Section 342.007, the lien is inferior only to tax liens and liens for street improvements. Suit may be instituted in the name of the city, and statement of expenses so made as aforesaid, or a certified copy thereof, shall be prima facie evidence of the amount expended for such work or improvements. Section 5. That Chapter 13, Section 13-75(b) of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to read as follows: Sec. 13-75. Strict enforcement. (b) In any prosecution for violation of section 13-70 or 13-71, proof that litter came from a particular vehicle together with proof that the defendant named in the complaint was, at the time of such offense, the registered owner of such vehicle shall Page 3 G:\ANE\LirrER.WPD constitute in evidence a rebuttable presumption that the defendant was the person who violated section 13-70 or 13-71. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. All ordinances or part of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 2003. - Mayor Evelyn M. Lord - Page 4 G\LANE\urreR.wPD