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HomeMy WebLinkAboutPACKET OCTOBER 7 2003 K, City of Beaunwnt REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 7, 2003 1:30 P.M. AGENDA CALL TO ORDER Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items 1-8/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider approving an ordinance repealing certain sections of Chapter 6 Buildings; Structures; Construction 0 9 perations and Chapter 14 Housing, of the Code of Ordinances and adopting various International Codes with amendments 2. Consider approving an ordinance repealing Chapter 10, Section 10-1, Section 10- 2, and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1: International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees 3. Consider approving a collection fee in the amount of 30% of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city, and amounts in cases in which the accused has failed to appear 4. Consider rejecting all bids for the Central, Rogers and Sprott Parks Improvement Project 5. Consider authorizing the City Manager to execute a lease agreement for a new Women's, Infants and Children(WIC) satellite office 6. Consider approving a resolution relating to the Martin Luther King, Jr. Parkway Commission 7. Consider approving a resolution nominating C. L. Sherman and Eugene Landry to the Board of Directors of the Jefferson County Appraisal District 8. Consider approving a renewal of an annual maintenance agreement for HTE, Inc. software support 9. PUBLIC HEARING: Council conduct a public hearing to receive comments on a proposal to reallocate funds in the amount of$10,000 from the 1999, 2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center Consider the reallocation of funds in the amount of$10,000 from the 1999, 2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center and authorize the City Manager to execute a Memorandum of Understanding with the City of Beaumont Recreation Division COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment(Persons are limited to 3 minutes) Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Pat Buehrle at 880-3725 a day prior to the meeting. 1 October 7,2003 Consider approving an ordinance repealing certain sections of Chapter 6 Buildings; Structures: Construction Operations and Chapter 14 Housing,of the Code of Ordinances and adopting various International Codes with amendments no V~ City of Beaumont .. Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 24, 2003 REQUESTED ACTION: Council consider an ordinance repealing Article I Section 6-3, Article II Sections 6-20 and 6-21, Article IV Section 6-102(4), Article V Section 6-130, Article VI Section 6-144 and 6-145, Article VII Sections 6-170 and 6-171, Article VIII Section 6-172 and Article I Section 14-1 of Chapter 6 Buildings: Structures, Construction Oyerations and Chapter 14 Housing, respectively, and adopting new Article II Sections 6-20 and 6-21,Article IV Section 6-102(4),Article V Section 6-130, Article VI Section 6-140 and 6-142, Article VII Sections 6-170 and 6-171, Article VIII Section 6-172, Article X Section 175 and amending Article I Section 6-4 requiring a Contractor's Demolition Bond. RECOMMENDATION Administration recommends repeal of the Standard Building Code, Standard Existing Building Code, Standard Gas Code, Standard Plumbing Code and Standard Housing Code currently in use by the City and adoption of the 2003 Editions of the International Building Code, International Existing Building Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code and International Property Maintenance Code. The City is currently using the 1996 Edition of the International Mechanical Code. Also, it is recommended that the current local amendment associated with residential house moving be changed to allow the Building Official to grant one thirty-day extension for delays caused by matters beyond the control of the owner or house mover. BACKGROUND The City of Beaumont adopted the(Southern)Standard Building Code,with related codes,and has been a member of the Southern Building Code Congress International(SBCCI)since 1954. The SBCCI,the Building Officials and Code Administrators International(BOCA)and the International Conference of Building Officials(ICBO)founded the International Code Council(ICC)in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model construction codes that could be used throughout the country. The Standard Building Code and related codes are updated every three years. With the establishment of the ICC,effective February 1,2003,the 1999 Standard Building Code is the final edition. Since the Standard Building Code is no longer available, it is necessary for the City to consider the adoption of new codes. The ICC has developed the following codes to replace the existing Standard Codes: • International Building Code • International Energy Conservation Code • International Existing Building Code • International Fire Code • International Fuel Gas Code • International Mechanical Code • International Plumbing Code • International Property Maintenance Code • International Residential Code • International Zoning Code The International Energy Conservation Code, International Mechanical Code and the International Residential Code have been adopted by the City. The City currently has a zoning ordinance and adoption of the International Zoning Code is not necessary. Additionally, the City has adopted the National Electrical Code published by the National Fire Protection Association(NFPA). The National Electrical Code is automatically adopted by the City every three years or when updated by the NFPA. On August 21, 2003, the Construction Board of Adjustment and Appeals conducted a public meeting to receive input from interested parties. During the meeting several speakers requested consideration by the City to adopt the National Fire Protection Association(NFPA) Building Code. The new International Codes is basically Standard Building Codes, currently being used by the City, with minor revisions and/or restructuring. The natural progression of events would be for the City to adopt codes that are similar, or as close as possible, to the codes currently in use. This would minimize the learning curve for local architects, developers, contractors and City staff. Currently, the International Building Code is the most widely recognized building code and has been adopted by the Department of Defense and 45 states,including Texas. The International Building Code has been endorsed by the American Institute of Architects, the National Association of Homebuilders and many other construction organizations. Locally, the Code has the support of the Homebuilder's Association of Southeast Texas and the Southeast Texas Chapter of the American Institute of Architects. A partial list of cities and state agencies in Texas that have adopted the International Building Code is enclosed. The Construction Board of Adjustment and Appeals voted 8-0, with one abstention, to recommend adoption of the 2003 Editions of the International Building Code,International Existing Building Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Plumbing Code, and International Property Maintenance Code. Additionally, the Board voted to approve a new permit fee schedule. BUDGETARY IMPACT Permit fees are being increased by an average 10 percent above the current fees. PREVIOUS ACTION The proposed adoption of the International Codes was discussed with City Council during the September 23, 2003 City Council meeting. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and Building Official. AdoptionBuildingCodessk.wpd September 24,2003 ORDINANCE NO. ENTITLED AN ORDINANCE ADOPTING NEW CODES REGULATING CONSTRUCTION AND MAINTENANCE OF STRUCTURES WITHIN THE CITY OF BEAUMONT; SPECIFICALLY, THE 2003 EDITION OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL EXISTING BUILDING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE; SETTING FEES; MAKING LOCAL AMENDMENTS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL;AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 6, Section 6-3, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed. Section 2. That Chapter 6, Section 6-20, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-20 is hereby adopted to read as follows: "Sec. 6-20. Adoption of Code. There is hereby adopted by the City for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, that certain building code known as the International Building Code being particularly the 2003 Edition thereof, including Appendix A, B, C, & D. One copy of such International Building Code has been and now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect,the provisions thereof shall be controlling Page 1 S:IANGIEWIdg code the construction, alteration, repair, removal, demolition, equipment and maintenance of all buildings and other structures within the corporate limits of the City, save and except the portions of the International Building Code which are hereby deleted, substituted, modified or amended, as set forth in this Article." Section 3. That Chapter 6, Section 6-21, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-21 is hereby adopted to read as follows: "Sec. 6-21. Amendments to Code. Section 105.1 of the International Buildin Code is hereby amended as follows: Section 105.1 When Required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description, or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to install burglar bars, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work." Section 106.1 is amended to read as follows: Section 106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, Specifications and accompanying data, for the following: m All Group A, E and I occupancies. Page 2 S;IANGIErbldg code (II) Buildings and structures three stories or more high. (III) Buildings and structures 5,000 square feet(465 mz)or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Section 108.2 is amended to read as follows: Section 108.2 Fee schedule. Total Valuation Fee $1,000 to$50,000 $15.75 for the first$1,000.00 plus$5.25 for each additional thousand or fraction thereof, to and including $50,000.00. $50,000 to $100,000 $273.00 for the first $50,000.00 plus $4.20 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000 to $500,000 $483.00 for the first $100,000.00 plus $3.15 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000 and up $1,743.00 for the first$500,000.00 plus $2.10 for each additional thousand or fraction thereof. Moving Fee For the moving of any building or structure, the fee shall be $150.00 Demolition Fee For the demolition of any building or structures, the fee shall be $50.00 Penalties Where work for which a permit is required by this code is started or preceded prior to obtaining said permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Page 3 S:WNGIEIbIdg code Plan Checking Fees When the valuation of the proposed construction exceeds$1,000.00 and a plan is required to be submitted by 105.1, a plan-checking fee shall be paid to the building official at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to one-half of the building permit fee. Such plan-checking is in addition to the building permit fee. Section 111.4 is hereby added to read as follows: Section 111.4 Temporary service. Temporary electrical service may be supplied to a building that is under construction after the owner of the building and the general contractor make such request on a form provided by the Building Official. The temporary service shall be provided for a period not to exceed three (3) months. At the end of three(3) months, ten (10)days written notice shall be provided to the owner or occupant that the electrical service will be disconnected unless permanent approval or an additional temporary permit has been issued. The Building Official shall then issue written instructions to the electricity provider to disconnect the temporary electrical service. A letter addressed to"occupancy", at the address of the temporary service shall be deemed as sufficient to notify the owner if the name and address of the owner are not known. Section 113.4 of the International Building Code is amended to read as follows: Section 113.4 Violation and penalties. Any person who shall violate any provision of the lnternationqL_PMj!qjnqjCode, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of such code is committed, or continued, and upon conviction of any such violation such person shall be punished as provided in section 1-8 of the Code of Ordinances. Page 4 S:IANGIE1bldg code Section 113.5 is added to read as follows: Section 113.5. (a) A building contractor's bond may be revoked,after notice and hearing before the city manager or his designee, for either [any] of the following reasons: (1) Reoccurring incidents of work performed not in accordance with the International Buildin Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or (2) The bond or permits were obtained or extended by fraud or deception; or (3) That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4) Failure of the bond holder to comply with the requirements of the International Buildin g Code. (b) Prior to revocation of the bond,the city manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5) days following the service of such notice, unless a request for a hearing is filed with the city manager or his designee by the bond holder, within such a five-day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the bond becomes final. The bond holder may not perform any work in the City during the period of suspension pending the outcome of the hearing. (c) Service of notices—Notice provided for in this ordinance[code]shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the city manager or his designee. (d) Hearings — The. hearings provided for in this ordinance shall be conducted by the city manager or his designee at a time and place Page 5 S:\ANGIE\bldg code designated by him. Based upon the record of such hearing, the city manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (e) Application after revocation —Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six (6) months. Sections 907.2.9 through 907.2.11 is deleted from the International BuildingrCode and is referenced in the International Fire Code. Section 1803 of the International Building Code is amended by adding thereto the following subsection: Section 1803.7.1 Open pit excavations. (1) Definitions: (a) Person. As defined in section 1-2 of the Code of Ordinances. (b) Borrow pit. The pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. (2) Except as provided in subparagraph (3) hereof, no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this subsection. Any excavations in violation of this subsection are hereby declared to be public nuisances. (3) This subsection shall not be applicable to excavation for foundation purposes, where a building permit has been properly applied for and granted in accordance with the International Buildin Code;provided, however, if the construction for which a building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of subparagraphs (5), (6) and (10) of this subsection. This subsection shall not be applicable to excavations of drainage ditches, canals, or similar facilities. Page 6 SAANGIElbldg code (4) Each application for an excavation permit shall be in writing, on a form provided for that purpose by the city engineer, stating the purpose of the proposed excavation of the land upon which the excavation is to be done, and the names of all owners of the land upon which the proposed excavation is to be done, and of all owners of land lying within one hundred (100) feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of twenty-five dollars ($25.00), which shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this subsection shall remain applicable to such bodies. (5) No excavation shall be made within ten (10)feet of any property line, without the express written consent of the owner of the adjacent property. Borrow pits shall be sloped no steeper than two (2) feet horizontal for each one(1)foot vertical measurement. An excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities, as determined by the building official, so as not to interfere with or cause damage to such facilities. (6) No excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the master street plan of the City. (7) Trucks hauling excavated material shall, insofar as possible, use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. (8) Upon proper application as provided in subparagraph (3) hereof, the building official shall issue an excavation permit if he is satisfied,from competent evidence presented to him as he may require, that the proposed excavation is consistent with the public health, safety, and welfare, that the requirements of this subsection will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the City. Page 7 S:IANGIE%bldg code (9) If an application for an excavation permit is denied by the building official, the applicant may within ten (10) days appeal such denial to the city council. The city council shall set a public hearing, which shall be held no later than thirty (30) days after presentation of the appeal to the city council. Following such hearing, the city council may either affirm, overrule, or modify the decision of the director, and such decision of the city council shall be final. (10) Upon completion of the excavation for which a permit has been granted hereunder, but not later than one hundred eighty(180) days after excavation has begun, a substantial fence, at least six (6) feet in height and otherwise being in accordance with specifications promulgated by building official, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates kept closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50) feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Section 1813 of the International Building Code is added to read as follows: Section 1813. (a) General. (1) Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the City to operate as a building contractor, or foundation repair contractor, within the corporate limits of the City. (2) A permit for each foundation repair project must be obtained from the building official prior to beginning any actual repair work. The fee shall be as that established by the City in accordance with current fee schedules. (3) A permit will be issued to the foundation repair contractor, upon approval by the building official of documents (in three (3)copies)submitted by the contractor containing the following information, and payment of the scheduled fee: Page 8 S:%NGIElbldg code a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. C. A copy of the proposal to the property owner with the owners signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the building official, shall be maintained at the job site for review by the City building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a job site inspection by the building inspector. (b) Minimum standards -- Reinforced concrete foundation. (1) Holes in earth for foundation piers and footings must be free of standing water, loose dirt, or other deleterious matter, prior to placement of concrete. (2) Each drilled shaft/(footing) must have as a minimum an eighteen inch diameter shaft, or a twelve inch diameter shaft with an eighteen inch diameter footing. In lieu of these minimum size footings,an engineered design for this particular project may be substituted. Engineered design repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas Registered Professional Engineer. (3) Minimum sized shafts/(footings) shall have a maximum spacing of eight(8)feet for single story and six(6)feet for two- story structures. A minimum of two (2) footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be founded at a minimum depth of eight (8) inches and bearing on a firm soil of constant moisture content. Page 9 SMNGIE\bldg code (5) Each footing/shaft will have a maximum angle of fifteen (15) degrees from vertical. (6) Each shaft will contain a minimum of three (3) #5-A36 reinforcing bars for the full depth of the shaft. (7) Each shaft (footing) must have a minimum of five (5) days concrete (min. 2500 psi at 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete (min. 2500 psi at 28 days) must be used to transfer the building load to the footing after jacking. (9) Minimum size (3"x6"x1/4") steel shims set in two (2) rows, a maximum of three (3) inches high, may be used to transfer the load to the solid concrete blocks. (10) Backfill of the excavation may consist of excavated material or low p.i. (10-20)clay compacted to existing adjacent conditions. Sand backfill will not be permitted except for the top six (6) inches which may be used to level the grade. (c) Minimum standards -- Houses on piers. (1) Minimum size concrete footing pads shall be 16"x16"x4" solid concrete with solid concrete block piers. (2) Maximum height of shims shall be one and one half-inches (1 %2), and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3) All new wood sills must be treated wood, half-lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Section 3408 is amended to read as follows: Section 3408. Page 10 S:IANGIE\bldg code A. It shall be unlawful to move a building or part of a building through or across any sidewalk, street, alley or highway within the City of Beaumont if the building or part of a building was designed for residential purposes and is to be placed on a lot in the City for residential purposes without obtaining a residential moving permit from the Building Official. A building or part of a building to be used for other than residential purposes may not be moved through or across any sidewalk, street or alley within the City without first obtaining a moving permit from the Building Official. The application for a residential moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable building codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. B. A residential moving permit may be obtained from the Building Official if the residential structure, prior to being moved, meets the following criteria: 1. The structure must be located in the City of Beaumont. 2. The appraised value of the structure, as set by the Jefferson County Appraisal District, must be a minimum of 50 per cent of the average appraised value of all residential structures on lots or tracts within four hundred feet of the property line of the lot or tracts upon which the structure to be moved will be placed. 3. The application for a residential moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Building Official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of$5,000. Such bond or cashier's check shall be made payable to the City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. Page 11 SIANGIEVAdg code 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities") within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and demolition of the structure. If the security is forfeited for any reason, the City is hereby authorized to demolish the structure and clear the lot. By signing an application for a residential moving permit,the owner or agent for the owner agrees that the structure may be demolished by the City if it, becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial or a residential moving permit or a decision to forfeit the required security by the Building Official shall be made in writing to the Zoning Board of Adjustment within ten days after the denial of such permit. The Zoning Board of Adjustment may reverse the decision of the Building Official if the Board of Adjustment finds by the concurrence of four members of the Board that the structure meets the requirements set out herein for issuance of a residential building permit. E. Extensions of time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the control of the owner or house mover. One thirty-day extension may be granted by the Building Official. Appendix D101.2 of the International Buildipq Code is amended to read as follows: Fire districts: There are hereby created and established within the City two (2)fire districts which shall be known and designated as the first fire district and the second fire district, and shall have the following boundaries: (a) First fire district. The first fire district shall include all the area lying within the following described boundaries: Beginning at the intersection of the center line of Magazine Street with the westerly Page 12 S:1ANGlElbldg code bank of Brakes Bayou;thence west along the center line of Magazine Street and said center line of Willow Street; thence south along the center line of Willow Street to its intersection with the center line of Calder Avenue; thence west along the center line of Calder Avenue to its intersection with the center line of Forrest Street; thence south along the center line of Forrest Street and said center line extended to its intersection with the present main line of the Texas and New Orleans Railroad track; thence easterly along the present main line of the Texas and New Orleans Railroad track to its intersection with the center line of Trinity Street extended northward; thence in a southerly direction along the said center line of Trinity Street to its intersection with the center line of Crockett Street; thence westerly along the center line of Cricket Street to its intersection with the center line of Holmes Avenue; thence southerly along the center line of Forsythe Street; thence easterly along the center line of Forsythe Street to its intersection with the center line of Trinity Street; thence southerly along the center line of Trinity Street to its intersection with the center line of College Street;thence easterly along the center line of College Street to its intersection with the center line of Neches Street; thence southerly along the center line of Neches Street to its intersection with the center line of Franklin Street; thence easterly along the center line of Franklin Street to its intersection with the center line of Park Street; thence southerly along the center line of Park Street to its intersection with the center line of Blanchette (formerly Austin) Street; thence easterly along the center line of Blanchette (formerly Austin) Street to its intersection with the center line of Main Street; thence northerly along the center line of Main Street to its intersection with the center line of Gilbert (formerly Washington) Street; thence easterly along the center line of Gilbert (formerly Washington) Street to its intersection with the easterly line of the original townsite of Beaumont; thence northerly along the easterly line of the original townsite of Beaumont to its intersection with the center line of College Street; thence westerly along the center line of College Street to its intersection with the center line of Market Street; thence northerly along the center line of Market Street to its intersection with the center line of Forsythe Street; thence easterly along the center line of Forsythe Street and said center line extended to its intersection with the westerly bank of the Neches River; thence in a northerly direction along the westerly bank of the Neches River and Brakes Bayou to the place of beginning. Page 13 S:wNGIESbldg code (b) Second fire district. The second fire district shall include all of the area of the City except that which is excluded in the first fire district." Section 4. That Chapter 6, Section 6-102(4), of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-102(4) is hereby adopted to read as follows: Page 14 SAANGIEWdg code "Sec 6-102 (4). Fees. (a) (4) Additional meters . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (b) Air condition unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.20 ea. (c) Attic/Ceiling fan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea. (d) Bells, buzzers & chimes . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea. (e) Clean and show . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.50 ea. (fl Dishwasher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea. (g) Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea. (h) Dryer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.20 ea. (i) Elevators, dumbwaiters & escalators . . . . . . . . . . . . . . . . $8.25 ea. 0) Fixtures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $.25 ea. (k) Floodlight poles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea. (1) Furnace/Space heater . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.50 ea. (m) Gasoline pumps . . . . . . . . . . . • • • . $3.30 ea. (n) Increase service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (o) Light/Power panels except at point of service . . . . . . . . . $8.25 ea. (p) Minimum permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (q) Motor over 5HP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (r) Motor up to 5HP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.20 ea. (s) Move meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (t) Name change . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (u) Outlets/Switches/Receptacles . . . . . . . . . . . . . . . . . . . . . . $.25 ea. (v) Overtime inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 ea. (w) Permanent pole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (x) Pre-Final service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (Y) Range . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.20 ea. (z) Reconnection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (aa) Rectifiers/Transformers . . . . . . . . . . . . . . . . . . . . . . . . . . $5.50 ea. (bb) Reground . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (cc) Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (dd) Signs/Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $16.50 ea. (ee) Swimming pool above ground . . . . . . . . . . . . . . . . . . . . $11.00 ea. (f) Swimming pool in ground . . . . . . . . . . . . . . . . . . . . . . . . $16.50 ea. (gg) Temporary pole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (hh) Water heater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.20 ea. (ii) Welding machine outlets . . . . . . . . . . . . . . . . . . . . . . . . . $2,20 ea. (j) Yard lamps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1.10 ea." Page 15 WANGIEUdg code Section 5. That Chapter 6, Section 6-130, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-130 is hereby adopted to read as follows: "Sec. 6-130. Adoption of code. The 2003 Edition of the International Fuel Gas Code is hereby adopted and declared operative as the gas code of the city, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk." Section 6. That Chapter 6, Section 6-130, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-130 is hereby adopted to read as follows: "Sec. 6-131. Amendments to Code. Section 906.5.2 is amended to read as follows: Section 106.5.2 Fee schedule. Minimum permit fee of$11.00, $1.10 additional for each opening over four(4). Reinspection - $11.00 ea Overtime inspection - $55.00 ea." Section 7. That Chapter 6, Section 6-144 and 6-145 of the Code of Ordinances of the City of Beaumont be and the same are hereby repealed. Page 16 SAANGIENdg code Section 8. That Chapter 6, Section 6-140 and 6-142 of the Code of Ordinances be and the same are hereby adopted to read as follows: "Sec. 6-140. Adoption of Code. The 2003 edition of the International Plumbing Code , except for appendices, is hereby adopted and declared operative as the plumbing code of the City, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Sec. 6-142. Amendments to Code. Section 106.6.2 of the 2003 International Plumbing Code is amended to read as follow: Section 106.6.2. Fee schedule. (a) Air conditioning drain . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (b) Dental chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.50 ea. (c) Dish washer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (d) Drinking fountain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (e) Floor drain . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (f) Garbage disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (g) Grease trap and/or wash rack . . . . . . . . . . . . . . . . . . . . . $4.40 ea. (h) Laundry tray . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (i) Lavatories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. 0) Minimum permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (k) Overtime inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . $55.00 ea. (1) Reinspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $11.00 ea. (m) Service sink . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (n) Sewer line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.50 ea. (o) Showers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (p) Single sink in restaurant . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (q) Sink . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (r) Three compartment sink in restaurant . . . . . . . . . . . . . . . $4.40 ea. (s) Toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (t) Tub . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (u) Two compartment sink in restaurant . . . . . . . . . . . . . . . . $3.30 ea. Page 17 S:IANGIEWdg code (v) Urinal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (w) Washing machine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (x) Wash room connection . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. (y) Water heater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5.50 ea. (z) Water line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2.75 ea. Section 605.4 of the 2003 International Plumbing Code is amended to add a new Section 605.4.1 to read as follows: Section 605.4.1. Underground inaccessible water distribution piping under a slab shall be copper water tube minimum type "L". Section 702 of the 2003 International Plumbing Code is amended to read as follows: Section 702.2. All sanitary drainage and vent piping for building drain or building sewer to be schedule 40 PVC or better, cast iron, or copper tube." Section 9. That Chapter 6, Sections 6-170 and 6-171, of the Code of Ordinances of the City of Beaumont be and the same are hereby repealed and a new Sections 6-170 and 6-171 are hereby adopted to read as follows: "Sec. 6-170. International Mechanical Code adopted; on file. There is hereby adopted by the city, for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators and electrical requirements for same, that certain code known as the International Mechanical Code,being particularly the 2003 Edition,except for appendices, of which one (1) copy has been and now is filed in the office of the city clerk for the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems, piping, incinerators and the electrical requirements for same, save and except the portions of the International Mechanical Code Page 18 SAANGIENdg Code which are hereby deleted, substituted, modified or amended as set forth in this article. Sec. 6-171. Amendments to code. Section 106.5.2 is amended to read as follows: Section 106.5.2 Fee schedule. Fee for inspecting heating, ventilating, ductwork, air conditioning and refrigeration systems shall be eleven dollars($11.00)for the first one thousand dollars($1,000), or fraction thereof, of valuation of the installation plus two dollars and twenty cents ($2.20) for each additional one thousand dollars ($1,000), or fraction thereof. Reinspection fee shall be eleven dollars ($11.00). Overtime inspection shall be fifty-five dollars ($55.00). Section 301.7 is amended to read as follows: Section 301.7 Electrical connections. Section 301.7.1 General. All electric connections between fuel-fired appliances, mechanical equipment, etc. and the building wiring shall conform to N.F.P.A. 70 and the currently adopted National Electrical Code. Section 301.7.2 For new construction, a disconnecting means and one hundred fifteen-volt outlet shall be installed within sight and easy reach in the ungrounded leads of each power circuit to electrically operated components. The disconnecting means shall in no case be installed farther than six (6) feet from the service side of the equipment. Section 301.7.3 For existing construction, disconnecting means (shall be installed) within sight, not more than fifty (50) feet distant from the equipment, and within easy reach in the ungrounded leads of each power circuit to electrically operated components." Section 10. Page 19 S:WNGUbIdg code That Chapter 6, Section 6-172, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 6-172 is hereby adopted to read as follows: Page 20 S:IANGIBbldg code "Sec. 6-172. Adoption of Code. The 2003 Edition of the International Existing Building Code is hereby adopted and declared operative as the existing building code of the City. A copy of such code is on file in the office of the city clerk." Section 11. That Chapter 6 of the Code of Ordinances of the City of Beaumont be and the same is hereby amended to add a new Section 6-175 to read as follows: "Sec. 6-175. Adoption of Code. There is hereby adopted by the city for the purpose of establishing rules and regulations attendant to the use and occupancy of residential buildings and accessory structures that certain code known as the 2003 Edition of the International Property Maintenance Code. One (1) copy of such International Property Maintenance Code has been ans now is filed in the office of the city clerk of the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect,the provisions thereof shall be controlling concerning the matters set out in said code." Section 12. This ordinance shall become effective January 1, 2004. Section 13. 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. Page 21 S:IANGIEIbldg code Section 14. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 15 . 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 on this the 7t' day of October, 2003. Mayor- Page 22 S:1ANGiElbldg code ARTICLE II. BUILDING CODE Sec. 6-20. Adoption of Code There is hereby adopted by the City for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures,that certain building code known as the International Building Code being particularly the 2003 Edition thereof, including Appendix A,B,C,&D. One copy of such International Building Code has been and now is filed in the office of the City Clerk of the City and the same is hereby adopted and incorporated as fully as if set out at length herein,and from the date on which this section shall take effect, the provisions thereof shall be controlling the construction, alteration, repair, removal, demolition, equipment and maintenance of all buildings and other structures within the corporate limits of the City, save and except the portion to the International Building Code which are hereby deleted, substituted,modified or amended, as set forth in this Article. Sec. 6-21. Amendments to Code Section 105.1 of the Building Code is hereby amended as follows: 105.1 When Required. Any owner, authorized agent, or contractor who desires to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, or construct a sign of any description,or to install or alter fire extinguishing apparatus, elevators, engines, or to install a steam boiler, furnace, heater, incinerator, or other heat producing apparatus, or other appurtenances, or to install burglar bars, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit for the work. Section 106.1 is amended to read as follows: 106.1 Submittal documents. Construction documents,special inspection and structural observation programs, and other data shall be submitted in one or more sets with each application for a permit. The design professional shall be an architect or engineer legally registered under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to said drawings, specifications and accompanying data, for the following: 1. All Group A, E and I occupancies. Pagel of 11 2. Buildings and structures three stories or more high. 3. Buildings and structures 5,000 square feet (465 m2) or more in area. For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific state law exception permits its preparation by a person not so registered. Section 108.2 is amended to read as follows: 108.2 Fee schedule. Total Valuation Fee $1,000 to$50,000 $15.75 for the first$1,000.00 plus $5.25 for each additional thousand or fraction thereof, to and including $50,000.00. $50,000 to$100,000 $273.00 for the first$50,000.00 plus $4.20 for each additional thousand or fraction thereof, to and including $100,000.00. $100,000 to $500,000 $483.00 for the first$100,000.00 plus $3.15 for each additional thousand or fraction thereof, to and including $500,000.00. $500,000 and up $1,743.00 for the first$500,000.00 plus $2.10 for each additional thousand or fraction thereof. Moving Fee For the moving of any building or structure, the fee shall be $150.00 Demolition Fee For the demolition of any building or structures, the fee shall be $50.00 Penalties Where work for which a permit is required by this code is started or preceded prior to obtaining said permit, the fees herein specified shall be doubled,but the payment of such double fee shall not relieve any persons from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein. Page 2 of 11 Plan Checking Fees When the valuation of the proposed construction exceeds$1,000.00 and a plan is required to be submitted by 105.1, a plan-checking fee shall be paid to the building official at the time of submitting plans and specifications for checking. Said plan-checking fee shall be equal to one- half of the building permit fee. Such plan-checking is in addition to the building permit fee. Section 111.4 is hereby added to read as follows: 111.4 Temporary service. Temporary electrical service may be supplied to a building that is under construction after the owner of the building and the general contractor make such request on a form provided by the Building Official. The temporary service shall be provided for a period not to exceed three(3)months. At the end of three(3) months, ten(10) days written notice shall be provided to the owner or occupant that the electrical service will be disconnected unless permanent approval or an additional temporary permit has been issued. The Building Official shall then issue written instructions to the electricity provider to disconnect the temporary electrical service. A letter addressed to "occupancy", at the address of the temporary service shall be deemed as sufficient to notify the owner if the name and address of the owner are not known. Section 113.4 of the Building Code is amended to read as follows: 113.4 Violation and penalties.Any person who shall violate any provision of the Building Code, or fail to comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, demolish or move any structure, or who shall cause to be erected, constructed, altered, repaired, moved, or demolished a building or structure, in violation of a detailed statement or drawing submitted and approved thereunder, shall be guilty of a misdemeanor. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of such code is committed,or continued,and upon conviction of any such violation such person shall be punished as provided in section 1-8 of the Code of Ordinances. Section 113.5 is added to read as follows: (a) A building contractor's bond may be revoked, after notice and hearing before the City Manager or his designee, for either [any] of the following reasons: Page 3 of 11 (1) Reoccurring incidents of work performed not in accordance with the Building Code and the holder refuses to correct the violation after being given sufficient notice of said violations; or (2) The bond or permits were obtained or extended by fraud or deception; or (3) That one or more of the terms or conditions imposed by the bond has not been met or has been violated; or (4) Failure of the bond holder to comply with the requirements of the Building Code. (b) Prior to revocation of the bond, the City Manager or his designee shall notify the bond holder in writing, stating the reasons for which the bond is subject to revocation and advising that the bond shall be permanently revoked at the end of five (5) days following the service of such notice,unless a request for a hearing is filed with the City Manager or his designee by the bond holder,within such a five-day period. A bond may be suspended for cause pending its revocation or a hearing relative thereto. If no request for hearing is filed within the five-day period, the revocation of the bond becomes final. The bond holder may not perform any work in the City during the period of suspension pending the outcome of the hearing. (c) Service of notices - Notice provided for in this ordinance [code] shall be deemed to have been properly served when the notice has been delivered personally to the bond holder, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the bond holder. A copy of such notice shall be filed with the records of the City Manager or his designee. (d) Hearings - The hearings provided for in this ordinance shall be conducted by the City Manager or his designee at a time and place designated by him. Based upon the record of such hearing, the City Manager or his designee shall make a final finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. (e) Application after revocation-Whenever a revocation of a bond has become final, the bond holder of the revoked bond may make written application for a new bond after a period of six(6) months. Section 907.2.1 through 907.2.11 is deleted from the Building Code and is referenced in the International Fire Code. Page 4 of 11 Section 6. Section 1803 of the Building Code is amended by adding thereto the following subsection: 1803.7.1 Open pit excavations. (1) Definitions: (a) Person. As defined in section 1-2 of the Code of Ordinances. (b) Borrow pit. The pit, hole, or depression created by any excavation of dirt, sand, stone, or other earth material. (2) Except as provided in subparagraph(3)hereof,no person shall dig, excavate, remove, or cause to be dug, excavated, or removed, any dirt, clay, rock, or other material below the surface of the ground without having first obtained an excavation permit in accordance with the provisions of this subsection. Any excavations in violation of this subsection are hereby declared to be public nuisances. (3) This subsection shall not be applicable to excavation for foundation purposes, where a building permit has been properly applied for and granted in accordance with the Building Code;provided,however, if the construction for which a building permit had been granted should be abandoned or delayed for a period longer than one hundred eighty (180) days, any pit excavated shall be required to conform to the provisions of subparagraphs (5), (6)and(10) of this subsection. This subsection shall not be applicable to excavations of drainage ditches, canals, or similar facilities. (4) Each application for an excavation permit shall be in writing, on a form provided for that purpose by the City Engineer, stating the purpose of the proposed excavation of the land upon which the excavation is to be done, and the names of all owners of the land upon which the proposed excavation is to be done, and of all owners of land lying within one hundred(100)feet of the proposed excavation, and shall be accompanied by an accurate drawing showing the location of the proposed excavation, and the dimensions of the borrow pit to be created thereby. Each application shall be accompanied by a permit fee of twenty-five dollars ($25.00), which shall be refunded to the applicant if the permit is not granted. The permit fee shall not be required of any governmental agency, entity, or instrumentality, but all other requirements of this subsection shall remain applicable to such bodies. (5) No excavation shall be made within ten(10) feet of any property Page 5 of 11 line, without the express written consent of the owner of the adjacent property. Borrow pits shall be sloped no steeper than two (2) feet horizontal for each one (1) foot vertical measurement. An excavation which is conducted adjacent to roadways, easements, drainage systems, utility lines, or other structures, shall be conducted at an adequate distance from such facilities,as determined by the building official, so as not to interfere with or cause damage to such facilities. (6) No excavation may be made upon any dedicated street or highway right-of-way or any planned or proposed street described in the master street plan of the City. ( ) Trucks hauling excavated material shall, insofar as possible, use existing truck routes. Excavated materials shall not be dropped or placed upon any public street or highway. (8) Upon proper application as provided in subparagraph(3)hereof,the building official shall issue an excavation permit if he is satisfied, from competent evidence presented to him as he may require,that the proposed excavation is consistent with the public health, safety, and welfare, that the requirements of this subsection will be met, and that the excavation operations will be conducted in a manner and at a location which will supplement existing or proposed drainage facilities of the City. (9) If an application for an excavation permit is denied by the building official, the applicant may within ten(10)days appeal such denial to the City Council. The City Council shall set a public hearing,which shall be held no later than thirty (30) days after presentation of the appeal to the City Council. Following such hearing, the City Council may either affirm,overrule,or modify the decision of the director,and such decision of the City Council shall be final. (10) Upon completion of the excavation for which a permit has been granted hereunder,but not later than one hundred eighty(180)days after excavation has begun, a substantial fence, at least six (6) feet in height and otherwise being in accordance with specifications promulgated by building official, shall be erected completely surrounding the borrow pit. Such fence shall be kept in good repair as long as the borrow pit exists, and all gates kept closed except as necessary for excavation and removal purposes. If any part of a borrow pit is situated within fifty (50) feet of a residence, the fence surrounding such pit shall be so constructed as to prevent small children from gaining access to the borrow pit. Section 1813 of the International Building Code is added to read as follows: Page 6 of 11 (a) General. (1) Foundation repair work on all residential structures, shall be accomplished only by a contractor licensed and bonded by the City to operate as a building contractor, or foundation repair contractor, within the corporate limits of the City. (2) A permit for each foundation repair project must be obtained from the building official prior to beginning any actual repair work. The fee shall be as that established by the City in accordance with current fee schedules. (3) A permit will be issued to the foundation repair contractor, upon approval by the building official of documents (in three (3) copies) submitted by the contractor containing the following information, and payment of the scheduled fee: a. A drawing of the complete building foundation plan, indicating the location of the foundation failure and the proposed corrective work. b. A detailed description of the proposed corrective work. c. A copy of the proposal to the property owner with the owners signature indicating acceptance. d. A copy of the submittal documents, bearing the approval of the building official, shall be maintained at the job site for review by the City building inspector. e. Prior to the placement of any concrete, the contractor shall arrange for a job site inspection by the building inspector. (b) Minimum standards -- Reinforced concrete foundation. (1) Holes in earth for foundation piers and footings must be free of standing water,loose dirt,or other deleterious matter,prior to placement of concrete. (2) Each drilled shaft/(footing) must have as a minimum an eighteen inch diameter shaft, or a twelve inch diameter shaft with an eighteen inch diameter footing. In lieu of these minimum size footings, an engineered design for this particular project may be substituted. Engineered design Page 7 of 11 repair work shall be documented by drawings and specifications bearing the seal and signature of a current Texas Registered Professional Engineer. (3) Minimum sized shafts/(footings) shall have a maximum spacing of eight(8)feet for single story and six(6)feet for two-story structures. A minimum of two (2) footing diameters clearance shall be maintained between footings. (4) Shafts/footings shall be founded at a minimum depth of eight (8) inches and bearing on a firm soil of constant moisture content. (5) Each footing/shaft will have a maximum angle of fifteen (15) degrees from vertical. (6) Each shaft will contain a minimum of three(3)#5-A36 reinforcing bars for the full depth of the shaft. (7) Each shaft(footing)must have a minimum of five(5)days concrete (min. 2500 psi at 28 days) curing time before imposing jacking loads. (8) A solid concrete block or poured in place concrete (min. 2500 psi at 28 days)must be used to transfer the building load to the footing after jacking. (9) Minimum size (3"x6"xl/4") steel shims set in two (2) rows, a maximum of three(3)inches high,may be used to transfer the load to the solid concrete blocks. (10) Backfill of the excavation may consist of excavated material or low p. i. (10-20) clay compacted to existing adjacent conditions. Sand backfill will not be permitted except for the top six(6)inches which may be used to level the grade. (c) Minimum standards -- Houses on piers. (1) Minimum size concrete footing pads shall be 16"x16"x4" solid concrete with solid concrete block piers. (2) Maximum height of shims shall be one and one half-inches (1 1/a), and shim width must equal the width of sill. Exception: Shims on existing masonry piers may have a maximum height of three (3) inches. (3) All new wood sills must be treated wood, half-lap spliced and properly nailed with two (2) treated wood splice plates. All joints must be supported by a pier with pad footing. Page 8 of 11 Section 3408 is amended to read as follows: A. It shall be unlawful to move a building or part of a building through or across any sidewalk, street, alley or highway within the City of Beaumont if the building or part of a building was designed for residential purposes and is to be placed on a lot in the City for residential purposes without obtaining a residential moving permit from the Building Official. A building or part of a building to be used for other than residential purposes may not be moved through or across any sidewalk, street or alley within the City without first obtaining a moving permit from the Building Official. These houses,building or structures shall not be moved without first obtaining a permit from the Building Official. The application for a residential moving permit shall be accompanied by applications for all necessary permits required to bring these houses, buildings or structures into compliance with the applicable building codes. Included with the building permit application shall be a complete set of plans showing the changes,if any, of the structure after all contemplated improvements. B. A residential moving permit may be obtained from the Building Official if the residential structure,prior to being moved, meets the following criteria: 1. The structure must be located in the City of Beaumont. 2. The appraised value of the structure, as set by the Jefferson County Appraisal District, must be a minimum of 50 per cent of the average appraised value of all residential structures on lots or tracts within four hundred feet of the property line of the lot or tracts upon which the structure to be moved will be placed. 3. The application for a residential moving permit must be accompanied by an application for all necessary permits required to bring the structure into compliance with all applicable codes. Included with the building permit application shall be a complete set of plans showing the changes, if any, of the structure after all contemplated improvements. C. The Building Official, as a condition precedent to the issuance of a residential moving permit, shall require a bond or cashier's check in the amount of$5,000. Such bond or cashier's check shall be made payable to the City of Beaumont and shall be conditioned upon strict compliance with the terms of this ordinance. 1. The structure will be brought into compliance with all applicable codes and connected to water, sewer, electricity and gas if applicable ("utilities") within ninety calendar days after relocation to the new site. Failure to connect the structure to utilities may result in forfeiture of the required security and Page 9 of 11 demolition of the structure. If the security is forfeited for any reason, the City is hereby authorized to demolish the structure and clear the lot. By signing an application for a residential moving permit,the owner or agent for the owner agrees that the structure may be demolished by the City if it,becomes necessary to forfeit the security required by this ordinance. 2. Failure or refusal to timely perform any one or more of the requirements of this ordinance may result in the forfeiture of the required security. D. Appeals from the denial or a residential moving permit or a decision to forfeit the required security by the Building Official shall be made in writing to the Zoning Board of Adjustment within ten days after the denial of such permit. The Zoning Board of Adjustment may reverse the decision of the Building Official if the Board of Adjustment finds by the concurrence of four members of the Board that the structure meets the requirements set out herein for issuance of a residential building permit. E. Extensions of time as deemed reasonable may be granted by the Building Official upon a showing of delay caused by matters beyond the control of the owner or house mover. One thirty-day extension may be granted by the Building Official. Appendix D101.2 of the Building Code is amended to read as follows: Fire districts: There are hereby created and established within the City two(2)fire districts which shall be known and designated as the first fire district and the second fire district, and shall have the following boundaries: (a) First fire district. The first fire district shall include all the area lying within the following described boundaries: Beginning at the intersection of the center line of Magazine Street with the westerly bank of Brakes Bayou; thence west along the center line of Magazine Street and said center line of Willow Street; thence south along the center line of Willow Street to its intersection with the center line of Calder Avenue; thence west along the center line of Calder Avenue to its intersection with the center line of Forrest Street; thence south along the center line of Forrest Street and said center line extended to its intersection with the present main line of the Texas and New Orleans Railroad track; thence easterly along the present main line of the Texas and New Orleans Railroad track to its intersection with the center line of Trinity Street extended northward; thence in a southerly direction along the said center line of Trinity Street to its intersection with the center line of Crockett Street; thence westerly along the center line of Cricket Street to its Page 10 of 11 intersection with the center line of Holmes Avenue; thence southerly along the center line of Forsythe Street; thence easterly along the center line of Forsythe Street to its intersection with the center line of Trinity Street; thence southerly along the center line of Trinity Street to its intersection with the center line of College Street; thence easterly along the center line of College Street to its intersection with the center line of Neches Street; thence southerly along the center line of Neches Street to its intersection with the center line of Franklin Street; thence easterly along the center line of Franklin Street to its intersection with the center line of Park Street;thence southerly along the center line of Park Street to its intersection with the center line of Blanchette (formerly Austin) Street; thence easterly along the center line of Blanchette (formerly Austin) Street to its intersection with the center line of Main Street; thence northerly along the center line of Main Street to its intersection with the center line of Gilbert (formerly Washington) Street; thence easterly along the center line of Gilbert(formerly Washington) Street to its intersection with the easterly line of the original townsite of Beaumont; thence northerly along the easterly line of the original townsite of Beaumont to its intersection with the center line of College Street;thence westerly along the center line of College Street to its intersection with the center line of Market Street; thence northerly along the center line of Market Street to its intersection with the center line of Forsythe Street; thence easterly along the center line of Forsythe Street and said center line extended to its intersection with the westerly bank of the Neches River; thence in a northerly direction along the westerly bank of the Neches River and Brakes Bayou to the place of beginning. (b) Second fire district. The second fire district shall include all of the area of the City except that which is excluded in the first fire district. Page l l of 11 ARTICLE IV. ELECTRICAL CODE Sec 6-102 (4). Fees (4) Additional meters - $2.75 ea. Air condition unit- $2.20 ea. Attic/Ceiling fan- $1.10 ea. Bells,buzzers & chimes - $1.10 ea. Clean and show- $16.50 ea. Dishwasher- $1.10 ea. Disposal - $1.10 ea. Dryer- $2.20 ea Elevators, dumbwaiters & escalators - $8.25 ea. Fixtures - $.25 ea. Floodlight poles - $1.10 ea. Furnace/Space heater- $5.50 ea. Gasoline pumps - $3.30 ea Increase service - $11.00 ea Light/Power panels except at point of service - $8.25 ea. Minimum permit- $11.00 ea. Motor over 5HP - $2.75 ea. Motor up to 5HP - $2.20 ea. Move meter- $11.00 ea. Name change - $11.00 ea Outlets/Switches/Receptacles - $.25 ea. Overtime inspection- $55.00 ea. Permanent pole - $11.00 ea. Pre-Final service - $11.00 ea. Range - $2.20 ea Reconnection - $11.00 ea. Rectifiers/Transformers - $5.50 ea. Reground- $11.00 ea. Service - $11.00 ea. Signs/Electrical- $16.50 ea. Swimming pool above ground- $11.00 ea. Swimming pool in ground- $16.50 ea. Temporary pole - $11.00 ea. Water heater- $2.20 ea. Welding machine outlets - $2.20 ea. Yard lamps - $1.10 ea. ARTICLE V. GAS CODE Sec. 6-130. Adoption of code. The 2003 Edition of the International Fuel Gas Code is hereby adopted and declared operative as the gas code of the city, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the city clerk. Sec. 6-131 Amendments to code Section 106.5.2 is amended to read as follows: 106.5.2 Fee schedule Minimum permit fee of$11.00, $1.10 additional for each opening over four(4). Reinspection - $11.00 ea Overtime inspection - $55.00 ea. ARTICLE VI. PLUMBING CODE Sec. 6-140. Adoption of Code. The 2003 edition of the International Plumbing Code , except for appendices, is hereby adopted and declared operative as the plumbing code of the City, save and except those portions that are deleted, modified or amended by this Code of Ordinances. A copy of such code is on file in the office of the City Clerk. (Code 1958, 28-1; Ord. No. 89-60, 1, 8-22-89; Ord. No. 96-58, 2, 10-15-96: Ord. No. 98-67, 4, 11-3-98) Sec. 6-142. Amendments to Code. Section 106.6.2 of the 2003 International Plumbing Code is amended to read as follow: 106.6.2 Fee schedule Air conditioning drain - $2.75 ea. Dental chair - $5.50 ea. Dish washer - $2.75 ea Drinking fountain - $2.75 ea Floor drain - $2.75 ea. Garbage disposal - $2.75 ea. Grease trap and/or wash rack - $4.40 ea. Laundry tray - $2.75 ea. Lavatories - $2.75 ea Minimum permit - $11.00 ea. Overtime inspection - $55.00 ea. Reinspection - $11.00 ea. Service sink - $2.75 ea Sewer line - $5.50 ea. Showers - $2.75 ea. Single sink in restaurant - $2.75 ea. Sink - $2.75 ea Three compartment sink in restaurant - $4.40 ea. Toilet - $2.75 ea. Tub - $2.75 ea. Two compartment sink in restaurant - $3.30 ea. Urinal - $2.75 ea Washing machine - $2.75 ea. Wash room connection - $2.75 ea. Water heater - $5.50 ea. Water line - $2.75 ea. Section 605.4.1 of the 2003 International Plumbing Code is amended to read as follows: 605.5. Underground inaccessible water distribution piping under a slab shall be copper water tube minimum type "L". Section 702 of the 2003 International Plumbing Code is amended to read as follows: 702.2. All sanitary drainage and vent piping for building drain or building sewer to be schedule 40 PVC or better, cast iron, or copper tube. ARTICLE VII. MECHANICAL CODE Sec. 6-170. International Mechanical Code adopted; on file. There is hereby adopted by the city,for the purpose of establishing rules and regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts and duct systems, piping, incinerators and electrical requirements for same, that certain code known as the International Mechanical Code,being particularly the 2003 Edition, except for appendices, of which one(1)copy has been and now is filed in the office of the city clerk for the city and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take effect, the provisions thereof shall be controlling in the construction of air conditioning, heating, and ventilating equipment, refrigeration equipment, ducts and duct systems,piping,incinerators and the electrical requirements for same, save and except the portions of the International Mechanical Code which are hereby deleted,substituted,modified or amended as set forth in this article. Sec. 6-171. Amendments to code Section 106.5.2 is amended to read as follows: 106.5.2 Fee schedule: Fee for inspecting heating,ventilating, ductwork, air conditioning and refrigeration systems shall be eleven dollars ($11.00) for the first one thousand dollars ($1,000), or fraction thereof, of valuation of the installation plus two dollars and twenty cents ($2.20) for each additional one thousand dollars ($1,000), or fraction thereof. Reinspection fee shall be eleven dollars($11.00). Overtime inspection shall be fifty-five dollars ($55.00). Section 301.7 is amended to read as follows: 301.7 Electrical connections. 301.7.1 General. All electric connections between fuel-fired appliances, mechanical equipment, etc. and the building wiring shall conform to N.F.P.A. 70 and the currently adopted National Electrical Code. 301.7.2 For new construction, a disconnecting means and one hundred fifteen-volt outlet shall be installed within sight and easy reach in the ungrounded leads of each power circuit to electrically operated components. The disconnecting means shall in no case be installed farther than six(6)feet from the service side of the equipment. 301.7.3 For existing construction, disconnecting means (shall be installed) within sight, not more than fifty (50) feet distant from the equipment, and within easy reach in the ungrounded leads of each power circuit to electrically operated components. ARTICLE VIII. EXISTING BUILDING CODE Sec. 6-172. Adoption of Code. The 2003 edition of the International Existing Building Code is hereby adopted and declared operative as the existing building code of the city. A copy of such code is on file in the office of the city clerk. ARTICLE X. PROPERTY MAINTENANCE CODE Sec. 6-175 Adoption of Code There is hereby adopted by the city for the purpose of establishing rules and regulations attendant to the use and occupancy of residential buildings and accessory,st uctures that certain code known as the 2003 edition of the International Property Maintenance/Code. One (1) copy of such International Property Maintenance Code has been ans n9w is filed in the office of the city clerk of the city and the same is hereby adoptd and Incorporated as fully as if set out at length herein, and from the date on which this s°'ectiion shall take effect, the provisions thereof shall be controlling concerning the matters set out in said code. 2 October 7,2003 Consider approving an ordinance repealing Chapter 10,Section 10-1,Section 10-2,and Section 10-3 of the Code of Ordinances of the City of Beaumont; adopting a new Chapter 10, Section 10-1: International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Micky Bertrand, Fire Chief MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 25, 2003 REQUESTED ACTION: Council consider an ordinance repealing Chapter 10, Section 10-1, Section 10-2,and Section 10-3 ofthe Code of Ordinances ofthe City ofBeaumont;adopting anew Chapter 10, Section 10-1:International Fire Code, 2003 Edition, Section 10-2: Amendments to Code, and Section 10-3: Fire Service Fees. RECOMMENDATION Administration recommends repeal ofthe Standard Fire Prevention Code, 1997 Edition,currently in use by the City and adoption of the International Fire Code, 2003 Edition. BACKGROUND The City of Beaumont adopted the Standard Fire Prevention Code, 1997 Edition,and has been a member of the Southern Building Code Congress International (SBCCI)since 1954. The SBCCI, the Building Officials and Code Administrators International(BOCA),and the International Conference of Building Officials (ICBO) founded the International Code Council (ICC) in 1994. The ICC was founded to develop a single set of comprehensive and coordinated national model codes that could be used throughout the country. The Standard Fire Prevention Code was updated every three years. With the establishment of the ICC, effective February 1, 2003, the 1999 Standard Fire Prevention Code is the final edition. Since the Standard Fire Prevention Code is no longer available,it is necessary for the City to consider the adoption of new codes. The ICC has developed the International Fire Code to replace the existing Standard Fire Prevention Code. On August 21,2003,the Construction Board of Adjustment and Appeals conducted a public meeting to receive input from interested parties.During the meeting several speakers requested consideration by the City to adopt the National Fire Protection Association(NFPA)Fire Code. The new International Fire Code is basically the Standard Fire Prevention Code,currently being used by the City, with minor revisions and/or restructuring. The natural progression of events would be for the City to adopt a code that is similar, or as close as possible, to the code currently in use. This would minimize the learning curve for local architects, developers, contractors, fire protection specialists and city staff. The Construction Board of Adjustment and Appeals voted 7-0 to recommend adoption of the International Fire Code,2003 Edition. BUDGETARYIMPACT None. PREVIOUS ACTION The proposed adoption ofthe International Fire Code was discussed with the City Council during the September 23, 2003, City Council Meeting. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Fire Chief and Fire Marshal ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT TO ADOPT THE INTERNATIONAL FIRE CODE,2003 EDITION;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 10, Section 10-1, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-1 is hereby adopted to read as follows: "Section 10-1. International Fire Code Adopted. The International Fire Code,2003 Edition, including Appendix Chapters A through G, as published by the International Code Council, Inc., is hereby adopted as the Fire Prevention Code of the City of Beaumont, a copy of which code is on file in the City Clerk's Office." Section 2. That Chapter 10, Section 10-2, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-2 is hereby adopted to read as follows: "Section 10-2. Amendments to Code. Section 109.1 shall be amended to read as follows: Section 101.1 These regulations shall be known as the Fire Code of the City of Beaumont, hereinafter referred to as `this code.' Section 108.1 of the International Fire Code is amended such that the "board of adjustments and appeals" as established by Section 108 shall be the "construction board of adjustments and appeals" as established by Chapter 6 of the Code of Ordinances of the City of Beaumont. Section 109.3 shall be amended to read as follows: Section 109.3 Persons who shall violate a provision of this code or shall failed to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit of certificate used under provisions of this code, shall be guilty of a Class C Misdemeanor, punishable by a fine of not more than $2,000. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 shall be amended to read as follows: Section 111.4 Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than $2,000. A new Section 901.5.2 shall be added to read as follows: Section 901.5.2. Any company installing a fire detection and alarm system, a fire-extinguishing system, a fire sprinkler system, a fire standpipe system, or any other fire protection system, shall test the installation for proper operation and code compliance prior to scheduling an acceptance test with the fire marshal's office. Failure to meet these requirements will result in a reinspection fee of$100.00. Section 903.4 shall be amended to add the following language: The sprinkler system shall be supervised by a fire alarm panel separate from any other fire alarm panel unless otherwise approved by the fire code official. Section 907.2 shall be amended as follows: Sections 907.2.1 through 907.2.91 shall be replaced with the following wording: Section 907.2.1. An approved, automatic, total coverage fire alarm system meeting the requirements of NFPA 72 shall be installed in the following buildings: (a) Group A- In all buildings exceeding two thousand (2,000) square feet. (b) Group B- In all buildings exceeding two thousand (2,000) square feet. (c) Group E - In all buildings. (d) Group H - In all buildings. (e) Group I (1) Unrestrained-In all buildings exceeding two thousand (2,000) square feet. (2) Restrained - In all buildings. (f) Group M- In all buildings exceeding two thousand (2,000) square feet. (g) Group R- In all buildings exceeding two thousand (2,000) square feet (except single-family dwellings or dwelling units within an apartment house, condominium or townhouse having exterior entrances to each unit). (h) Group S- In all buildings exceeding two thousand (2,000) square feet. (i) In buildings with multiple tenants, each tenant space shall have it's own fire alarm system unless otherwise approved by the fire code official. (j) With fire marshal approval, buildings protected throughout by an approved sprinkler system meeting the requirements of NFPA 13 may install a fire alarm system meeting the requirements of NFPA Life Safety Code 101. Additional coverage, equipment, and its placement may be required by the fire marshal. (k) After receiving notification of a fire or a fire alarm, a business owner or his designated representative shall respond and arrive at the alarm location within thirty (30) minutes. A new Section 9004.9.4 shall be added to read as follows: Section 9004.9.4 The number of occupants of any building shall not exceed the number as established in accordance with Sections 1004.1.1 through 1004.1.3. Section 2204.3.3 shall be amended to add the following language: The emergency control shall be connected to an approved alarm system which will automatically transfer the alarm to an U.L. listed monitoring company. A new Section 2204.3.8 shall be added to read as follows: Section 2204.3.8 Unattended self-service stations shall be subjected to an annual operating permit fee. Section 2702 shall be amended to add the following definitions: BEAUMONT TERMINAL-A freight terminal of a porter or motor carrier that handles shipments of materials destined to or from the City of Beaumont so long as the terminal is within the city limits. REQUIRING PLACARDS - Any vehicle transporting hazardous materials in sufficient quantity to require placarding as set forth in the Department of Transportation Hazardous Materials Regulations. HAZARDOUS MATERIALS ROUTE - The following streets and highways and segments of streets and highways: (1) Cardinal Drive (US Hwys 69, 96, 287) from IH-10 to east city limits. (2) IH-10 from west city limits to east city limits. (3) Eastex Freeway(US Hwys 69,96, 287)from IH-10 to north city limits. (4) Martin Luther King Parkway(Spur 380)from Cardinal Drive to IH-10 East (5) State Highway 105 from Eastex Freeway to west city limits. (6) College Street (Hwy 90) from IH-10 to west city limits. (7) In other areas specifically designated by the fire official. A new Section 2704.94 shall be added to read as follows: Section 2704.14. The storage of plastic and rubber material within the city limits shall meet the following conditions: (1) Such storage shall be accordance with the zoning laws of the city. (2) The location of such storage shall be equipped with a fire sprinkler system meeting the requirements of NFPA 13 for hazardous occupancy. (3) The location of such storage shall be equipped with an automatic fire alarm system meeting the requirements of NFPA 72. (4) All offices, mechanical,maintenance and electrical rooms shall be separated from the location of such storage by at least a one-hour fire separation. (5) A one-hour fire and smoke partition shall be in place dividing all open areas of such storage into sections no larger than twenty- five thousand (25,000) square feet. (6) Such storage shall only be allowed in type 1, 11, 111, or IV structures as the same are defined by the international Building Code. Chapter 27 shall be amended to add a new Section 2706 to read as follows: Section 2706.1 No person shall haul or transport any hazardous materials as defined in this chapter in a tank vehicle as defined in this chapter, except upon the streets or highways designated in the Hazardous Materials Route as defined in this chapter. (1) When it becomes necessary to leave the Hazardous Material Route for the purpose of going directly to or from a commercial or industrial establishment, said vehicle shall: (a) Take the shortest route between the Hazardous Material Route and the point of pickup and/or delivery. (b) Use the established "truck routes"as defined in section 26-13 of the Code of Ordinances of the City of Beaumont to the maximum extent possible. Section 2706.2 The operator of a vehicle used to transport hazardous materials requiring placards shall: (1) Apply and display appropriate placards meeting Department of Transportation specifications on each end and each side of the vehicle; and (2) Before operation, inspect the vehicle and determine that: (a) The brakes are in good working condition; (b) The steering mechanism is in good working condition; (c) The electrical wiring is well insulated and firmly secured; and (d) The vehicle is in a condition adequate to safely transport hazardous materials. Section 2706.3 No operator of a motor vehicle transporting hazardous materials as defined in the chapter shall transport those materials on any street or highway, or segment of a street or highway, now or hereafter designated as a "prohibited hazardous materials area." Section 3204.3.1.1 shall be amended to read as follows: Section 3204.3.1.1. (A) Storage of flammable and combustible cryogenic liquids in tanks of ten thousand (10,000) gallons or less may be established within the zoning districts designated Heavy Industrial(H-1), Light Industrial(L-1) and Commercial Manufacturing(C-M)as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable and combustible cryogenic liquids in tanks larger than ten thousand (10,000)gallons or as bulk storage in which the materials are distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable and combustible cryogenic liquids in tanks of six-hundred sixty (660) gallons or less may be established within the zoning districts designated General Commercial, Manufacturing Districts (GC-MD) providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. Section 3404.2.9.5.1 shall be amended to read as follows: Section 3404.2.9.5.1. (A) Storage of flammable and combustible liquids,liquified petroleum gas and propane in tanks often thousand (10,000)gallons or less may be established within the zoning districts designated Heavy Industrial(H- 1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in tanks larger than ten thousand (10,000)gallons or as bulk storage in which the materials are distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable and combustible liquids in tanks of six- hundred sixty (660) gallons or less may be established within the zoning districts designated General Commercial, Manufacturing Districts (GC-MD) providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. A new Section 3404.2.11.3.1 shall be added to read as follows: Section 3404.2.11.3.1. Underground storage tanks with a capacity of ten thousand (10,000) gallons or more shall be installed on a twelve-inch thick, firm concrete foundation and attached by means of not less than three (3) steel anchor straps, each of which having a minimum dimensions of one-quarter(1/4) inch thickness and two(2) inches width, or by means of other approved straps and strapping methods, and fastened taut around the tank by turnbuckles or other adjustable fittings which are capable of withstanding at least as much stress as the straps. Section 3406.2.4.4 shall be amended to read as follows: Section 3406.2.4.4. (A) Storage of flammable and combustible liquids,liquified petroleum gas and propane in tanks of ten thousand (10,000)gallons or less may be established within the zoning districts designated Heavy Industrial(H- 1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. (B) Bulk storage of flammable and combustible liquids, petroleum gas and propane in tanks larger than ten thousand (10,000)gallons or as bulk storage in which the materials are distributed either at wholesale or retail to customers may be established within the zoning districts designated Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a specific use permit as provided in the zoning ordinance of the City of Beaumont and in accordance with NFPA 30. (C) The storage of flammable and combustible liquids in tanks of six- hundred sixty (660) gallons or less may be established within the zoning districts designated General Commercial, Manufacturing Districts (GC-MD) providing that the following requirements are met: (1) All tanks must be labeled. (2) Tanks shall be double walled, installed at grade level. (3) Tanks shall not be installed within 100 feet of the property line of any established school, hospital, nursing home, day care center, nursery school, or residential property. (4) Guard posts or other approved means must be provided to protect tanks from motor vehicle damage. (a) Posts must be at least 4 inches in diameter and filled with concrete. (b) Posts must be at least 3 feet from the tank and spaced not more than 4 feet apart. (c) Posts must be at least 30 inches above grade and 33 inches below grade. (5) Tanks must be enclosed in a chain link fence at least 6 feet high. The enclosed area must be secured, i.e.: gates locked. (Exception: Tanks in vaults or located on property with a perimeter security fence.) (6) Tanks, accessories and installation shall comply with the fire prevention code including amendments, NFPA codes, ANSI publications, ASTM and other applicable codes. Section 3804.2 shall be amended to read as follows: Section 3804.2. Within the limits established by law restricting the storage of liquified petroleum gas for the protection of heavily populated or congested areas,the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons and may only be established within the zoning districts designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as found in the zoning map of the City of Beaumont, and in accordance with NFPA 30. I n Appendix D: Section D103.6: The following language shall be added: Approved signs are to be spaced at twenty-five foot intervals. A new section D103.6.3 is hereby added to read as follows: Section D103.6.3. As an alternative to signs, where the premises have curbs, the words "FIRE LANE NO PARKING" may be painted: (1) in four inch white letters; (11) on a red background; (111) at twenty-five foot intervals." Section 3. That Chapter 10, Section 10-3, of the Code of Ordinances of the City of Beaumont be and the same is hereby repealed and a new Section 10-3 is hereby adopted to read as follows: "Section 10-3. Fire Service Fees. (1) The Fire Chief is hereby authorized to calculate fees for the following fire related services based on the equipment, materials and labor necessary in each instance to provide the fire service. The person in control of the property or the person owning the property, real or personal, involved shall be responsible to pay the amount charged for such services upon receipt of a bill. (a) Response to and mitigation of a spill or release into the environment of a hazardous material as defined in Chapter 27 of the International Fire Code. (b) Response to and standby exceeding one (1) hour at the scene of a potential release of a hazardous material as defined in Chapter 27 of the International Fire Code. (c) Response to and mitigation of an unauthorized open burning associated with land clearing or demolition activities. (2) The following fees are hereby set for the following fire services or occurrence: Service Fee (a) Annual inspection fee required for target hazards including but not limited to hospitals, nursing homes, assisted living centers, and other such properties which require multiple inspections within the $200.00 year..................... (b) Annual inspection fee required for state licensed properties which require a single inspection per $ 50.00 year..... (c) Fee schedule for installation and/or removal of fuel storage tanks and dispensing units: First tank.................................................................. $150.00 Each additional $50.00 t ank................................................. Each dispensing unit................................................ $35.00 (d) Failure to immediately notify the fire official of any disconnection and/or interruption of any fire protection system. This shall also include any fire protection system found to be unsafe, impaired, or inoperable...... $500.00 (e) Annual inspection of an unattended self-service station as described in Chapter 22 of the International FireCode........................................................................ $100.001, Section 4. 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 5. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 6. 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 7t' day of October, 2003. - Mayor Evelyn M. Lord - 3 October 7,2003 Consider approving a collection fee in the amount of 30%of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city, and amounts in cases in which the accused has failed to appear `�' City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager and Lane Nichols, City Attorney PREPARED BY: David K. Boyer, City Prosecutor MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 2, 2003 REQUESTED ACTION: Council to consider a resolution authorizing a collection fee in the amount of 30%of debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by a municipal court serving the city, and amounts in cases in which the accused has failed to appear. RECOMMENDATION As a consequence of changes in the law effective September 1, 2003 cities may defray the cost of collection that it incurs under a contract for collection of delinquent court fines and fees between said City and a collection firm as authorized under the provisions of Article 103.003 1, Texas Code of Criminal Procedure. In order to implement this defrayal the City of Beaumont must enact the attached resolution. BACKGROUND The 2003 Legislature amended Article 103.0031 of the Code of Criminal Procedure giving authorization for the addition of a thirty percent(30%)collection fee to certain fines and debts that are owed to the Municipal Court. There are three prerequisites to this addition, (1)the city must have a collection contract with a private attorney or a public or private vendor for the provision of collection services, (2)the fine or debt must be greater than 60 days delinquent, (3)all ofthe added collection fee must be paid to the private attorney or vendor. The City of Beaumont currently has a contract on a month to month basis with the law firm of Linebarger, Goggan,Blair and Sampson. BUDGETARYIMPACT If this resolution is implemented the cost of collecting delinquent fines and fees that are past due by 60 days would be zero. PREVIOUS ACTION None. RECOMMENDED BY City Manager and City Attorney ORDINANCE NO. ENTITLED AN ORDINANCE AUTHORIZING COLLECTION FEES ON CERTAIN UNPAID FEES, FINES,COURT COSTS, FORFEITED BONDS AND RESTITUTION ORDERS IN MUNICIPAL COURT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That there is hereby authorized a collection fee in the amount of thirty percent (30%) of debts and accounts receivable, such as unpaid fines, fees, court costs, forfeited bonds and restitutions,ordered paid by a municipal court serving the City of Beaumont and on amounts in cases in which the accused has failed to appear: (1) as promised under subchapter A, Chapter 543, Transportation Code, or other law; (2) in compliance with a lawful written notice to appear issued under Article 14.06b, Texas Code of Criminal Procedure or other law; (3) in compliance with a lawful summons issued under Article 15.03b, Texas Code of Criminal Procedure; (4) in compliance with a lawful order of court serving the City; or (5) as specified in a citation, summons or other notice authorized by Section 682.002, Transportation Code, which charges the accused with a parking or stopping offense, when such debts, accounts receivable and amounts are more than sixty (60) days past due and have been referred to an attorney or other vendor for collection. Section 2. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason SAAGENDAICOLLECTION FEES.WPD 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 That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 4 That any person who violates any provision of this ordinance shall,upon conviction, be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL. of the City of Beaumont on this the 7' day of October, 2003. - Mayor- &AGENDAICOLLECTION FEES.WPD 4 October 7,2003 Consider rejecting all bids for the Central, Rogers and Sprott Parks Improvement Project ti f City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 29, 2003 REQUESTED ACTION: Council to consider a resolution rejecting all the bids for the Central, Rogers and Sprott Parks Improvements Project, RECOMMENDATION Administration recommends rejecting all the bids received for the Central, Rogers and Sprott Parks Improvement Project. BACKGROUND On September 18, 2003, three bids were received for the installation of spray devices and appurtenances on Central,Rogers and Sprott Parks. The installation of the spray devices is funded through the sale of a portion of Central Park property. All ofthe bids exceed the estimated construction cost of$175,000. The low bid of$236,000 exceeds the estimated construction cost by 35% or $86,000. A copy of the bid tab is enclosed for informational purposes. The scope of work for the project is being reevaluated to determine items that could be installed by City forces which would reduce the overall cost of the project. These items could include, but are not limited to, electrical, water and sewer connections. The project will be rebid once the reevaluation has been completed. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION Project will be rebid. RECOMMENDED BY City Manager, Public Works Director and City Engineer. ParksSprayBidsk.wpd September 29,2003 •••••• City of Beaumont Bid Tab IMPROVEMENTS TO CENTRAL PARK, ROGERS PARK AND SPROTT PARK Contractor Bid Amount Bruce's General Construction, Inc. $236,000.00 Swain Company, Inc. $247,270.00 N & T Construction Company, Inc. $273,000.00 5 October 7,2003 Consider authorizing the City Manager to execute a lease agreement for a new Women's,Infants and Children(WIC) satellite office City of Beaumont M OL•r�• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 2, 2003 REQUESTED ACTION: Council consideration to authorize the City Manager to execute a lease agreement for a new Women's, Infants and Children(WIC) satellite office. RECOMMENDATION Administration recommends authorizing the City Manager to execute a lease agreement for a new WIC satellite office located at 5550 Eastex]Freeway, Suite EE. BACKGROUND The City currently leases space in a small shopping center located on East Lucas Drive for a satellite WIC office. The WIC facility has been at this location since 1995. Their current lease expires October 31, 2003. The property was recently sold and the new owners are not interested in continuance of the lease. Bids were advertised and requested for the rental of office space in the north section of Beaumont. Although,several realty companies were contacted,no bids were received. Staffcontinued to contact commercial realty companies. Burn's Properties proposed a site located on Eastex Freeway between Concord Road and U.S. 69 frontage road. The 1,686 square feet of office space includes ADA compliant restrooms and parking as well as access to public transportation. The office space is in excellent condition, requires no modification and is available for occupancy on November 1. Health Department personnel are extremely pleased with the condition of the facility and its location. The landowner, Oasis Car Wash Inc., will provide building and grounds maintenance, water, sewer and trash services,pest control and parking lot maintenance. The City is responsible for all utility and custodial costs. The term of the lease is three(3)years and the monthly rent is $1,434.64. Lease of Office Space October 2, 2003 Page 2 Attached is a copy of the lease for review which is also subject to approval by the Texas Department of Health. BUDGETARY IMPACT Expenditures for this lease are reimbursed by the Bureau of Nutrition Services through the Texas Department of Health WIC program. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Health Director. Oct 01 03 03: 14p Burns Properties Inc 409 860-5208 P•3 A, i TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS®IS NOT ®Ta AUTHORi2EOr""Assodatton of REALTORS®•Inc,M2 Table of Contents No. Paragraph Description Pg, No. Paragraph Description p ' I. Parties -g' 2 22. Holdover 11 2. Leased Premises 2 23. Landlord's Lien&Security Interest 11 3. Term 2 24. Assignment and Subletting 11 A. Term 25. Relocation B. Delay of Occupancy 26. Subordination 11 4. Rent and Expenses 3 27. Estoppel 1 A. Base Monthly Rent PPeI Certificates 12 ' B. First Full Month's Rent 28• Casualty Loss 72 C. Prorated Rent 29• Condemnation 12 D. Additional Rent 30• Attorneys Fees 12 E. Place of Payment . 31. Representations 13 F. Method of Pa 32. Brokers 13 Payment 33. Addenda G. Late Charges Notices 13 H. Retumed Checks 14 5. Security Deposit 35• Special Provisions 4 36. Agreement of the Parties 14 6. Taxes 4 14 7. Utilities 8. Insurance 4 ADDENDA& EXHIBITS(check all that t 9. Use and Hours 6 d Exhibit a i 10. Legal Compliance 6 ❑ Exhibit 11. Signs 7 ❑ Commercial Lease Addendum for Broker's Fee i2• Access By Landlord 7 ❑ Commercial Lease Expense_Reimbursement 13. Move-In Condition 7 Addendum 14. Move-Out Condition 7 ❑ Commercial'Lease Addendum for Extension 75. Maintenance and Repairs 8 Option A. Cleaning ❑ Commercial Lease Addendum for Percentage B. Conditions Caused by a Party Rent C. Repair&Maintenance Responsibility ❑ Commercial Lease Parking Addendum D. Repair Persons , Commercial Landlord s Rules and Regulations E. HVAC Service Contract ❑ Commercial Lease Guaranty F Common Areas ❑ Commercial Lease Right of First Refusal +. G. Notice of Repairs Addendum H. Failure to Repair ! ❑- Commercial Lease Addendum for Optional 16. Alterations 9 Space - 17. Liens 18. Liability 9 13 Commercial Leasehold Construction Addendum 19. Indemnity 20. Default ��- ❑ r"' _�� _-. 21. Abandonment, Interruption of Utilities, Removal of Properly&Lockout 70 I� (TAR-2901)6-7-02 Initialed for Identtiication by Tenants: . `..end Landlord: Page 1 of 15 binm PropCtties inc.290 dowlen rd.#204. Beaumont tx m06 Pllone:409 866 2398 Fax:409 86p 5208 Burns Properties Inc. Produced wlw 21pFom,+s by RE FpmsNst,LlC�a025 Fdken Mk Rw0.Ctnra,Township,M (goo)sae an05 T464086-M is Oct 01 03 03: 14p Burns Properties Inc 409 860-5208 i ' p. 4 II i TEXAS ASSOCIATION OF REALTORS® COMMERCIAL LEASE USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TFXAS ASSOCIATION OF RFJILTORS9IS NOT AUTHORIZED. OTexas Association of MALTORM 616.2002 I' 1. PARTIES: The parties to this lease are: Tenant: city of Beaumont and Landlord: 0CWI Borrower L. P ; and 2. LEASED PREMISES: A. Landlord leases to Tenant the following described real property,known as the"leased premises,"along with all its improvements(Check only one box): d (1) Mulole-Tenant Pao P a =Suite or Unit Number EE containing approximately 1ss 6 square feet'of rentable area in r at 5s5o Eastex Freewa (building name) I+ (address)in Beaumont Texas, {may), Jefferson (county), which is legally described on attached Exhibit ' or as follows: - C7 (2) Single-Tenant Property:The real property at: - (city), _ (address)in i Is legally described on attached Exhibit (county), Texas, which or as follows: ? B. If Paragraph 2A(1)applies: (1) "Property" means the building or complex in which the leased premises. are located, inclusive of I any common areas,drives,parking areas,and walks;and (2) the parties agree that the rentable area of the leased premises may not equal the actual or useable area within the leased premises and may include an allocation of common areas in the Property. i, 3. TERM: - ! A Term. The term'of this lease is - .36 __ nonttSs and i - days,commencing on: November i - 2003 (Commencement Date) and-errding on _ - -- October 31 Zoos (Expiration Date):- (TAR-2101)6-7-02 initialed for Identification by Tenants; .and Landlord: --.._ Page 2 of 15 PoodUW with EVFOemm by RE RWMNaL LLC IB026 F'iflan M1k ROfd,avW TowtM*0.UdNpan 48036,(NO)383.0806 T4646386.ZFX ci I I ;' Oct 01 03 03: 14p Burns Properties Inc 409 880-5208 p, 5 i� 5550 Eastex Freeway i Commercial Lease concerning: Beaumont B. Delav of Occunanc,.y:If Tenant is unable to occupy the leased premises on the Commencement Date because of construction on the leased premises to be completed by Landlord that is not substanti l complete or a prior tenant's holding over of the leased premises, Landlord will not be liable to Tea e ant for such delay and this lease will remain enforceable. in the event of such a delay, the Commencement Date will automatically be extended to the date Tenant Is able to occu Expiration Date will also be extended by a tike number of days, so that the length of this lease remains th unchanged. If Tenant is unable to occupy the leased Property and the Commencement Date because of construction on the leased premises to behcompleted by La dlotrd that is not substantially complete or a prior tenant's holding over of the leased premises, Tenant may terminate this lease by giving written notice to Landlord before the leased premises become available to be occupied by Tenant and Landlord will refund to Tenant any amounts paid to Landlord by Tenant. This Paragraph 36 does not apply to any delay in occupancy caused by cleaning or repairs, C. Unless the parties agree otherwise, Tenant is responsible for obtaining a certificate of o the leased premises if required by a governmental body. ccupancy for 4. RENT AND EXPENSES: A Base Monthly Rent: On or before the first day of each month during this lease, Tenant will I� Landlord base monthly rent as described on attached Exhibit pay or as folk y": from i- a from to from to _ I : from to t $ . from to $ B. First Full Month's Rent:The first foil base monthly rent is due on or before Novembe 1 2 r 003 C. Prorated Rent: If the Commencement Date is on a day other than the first da of a Pay Landlord as prorated rent, an amount Y month, Tenant will fraction: the number of days from the Commencement Date to the first day of divided following a following divided by the number of days in the month In which this lease commences. The prorated rent its due on or before'the Commencement Date. D. .0thdr Hal Rent In addition to the base monthly rent and prorated rent, Tenant will' other amounts,as provided by the attached(Check all that app/y.): PaY Landlord all D M'COMrnercllal Ex'pease Reimbursement Addendum d (2) Commercial Percentage Rent Addendum (3) Commercial Parking Addendum All amounts lease. under the tease. e applicable addenda are deemed to be "rent" for the p rposes of this E. Place of Pa ment: Tenant will remit all amounts due�anaTord under this lease to the following ' 4 at'the place stated or to such other Person or lace as L=andlord ma later designate in writing: Person ` P p Y g Name: OCI C 10 Burns Pro r 3no Address: 6845 Phelan -- Besuinon 'Tx 7�6 - (TAR 2101)6-7-02 Initialed for IdentMcation by Tenants: and Landlord: Page 3 of 15 i P+ndiroed wlh Zi Forth+•by NE FamW�,l!C teox5 ownNYp.Mich W 48M,app) Fti1Nn ANIe Rwd.CAdon T ' T4646386.ZfX Oct 01 03 03: 15p Burns Properties Inc 409 860-5208 P.6 5550 Eastex Freeway Commercial Lease conceming: Beaumont F. Method of Payment: Tenant must pay all rent timely without demand, deduction, or offset, except as permitted by law or this lease. If Tenant fails to timely pay any amounts due under this lease or if any check of Tenant is returned to Landlord by the institution on which it was drawn, Landlord after providing written notice to Tenant may require Tenant to pay subsequent amounts that become due under this lease in certified funds. This paragraph does not limit Landlord from seeking other remedies under this Lease for Tenant's failure to make timely payments with good funds. G. Late Charges: If Landlord does not actually receive a rent payment at the designated place of payment within 5 days after the date it is due, Tenant will pay Landlord a late charge equal to 5% of the amount due. In this paragraph, the mailbox is not the agent for receipt for Landlord. The late charge is a cost associated with the collection of rent and Landlord's acceptance of a fate charge does not waive Landlord's right to exercise remedies under Paragraph 20. H. Returned Checks: Tenant will pay$25.00 (not to exceed$25) for each check Tenant tenders to Landlord which is returned by the institution on which it is drawn for any reason, plus any late charges until Landlord receives payment. S. SECURITY DEPOSIT: o� A. Upon execution of this lease,Tenant will pay$ deposit. to Landlord as a security B. Landlord may apply the security deposit to any amounts owed by Tenant under this lease. If Landlord I ; applies any part of the security deposit during any time this lease is In effect to amounts owed by Tenant, Tenant must, within 10 days after receipt of notice from Landlord, restore the security deposit to the amount stated. C. After Tenant surrenders the leased premises,to Landlord and,provides Landlord written notice of Tenant's forwarding address, Landlord will, not later,than the time required by§93.005, Texas Property Code, refund the.security deposit less any amounts applied toward amounts owed by Tenant or other l charges authorized by this lease:The parties agree that Landlord acts in for security deposit within'the time stated. gad faith Landlord accounts is 6. TAXES: Unless otherwise agreed by the parties, Landlord will pay all real property ad valorem taxes assessed against the leased premises. 7. UTILITIES: A The _ { ,party designated below will pay;for the following utility charges to the leased premises and any connection charges for the utilities. (Check all that apply.) rL ; - 7 (1) Water NA❑ Landlord Tenant ❑ (2) Sewer ❑ (3) Electric Ad (4) Gas ❑ ❑ r (5) Telephone (6) Trash (7) Cable (8) - - - - (9) All other utilities ❑ ❑ (TAR-2101)6-7-02 Initialed for Identification by Tenants: , and Landlord: Page 4 of 15 P-IW"d%Qh rp>"-by RE F*m, **, ad,Etc IS=Mw MW Ro CWm Towr�*A�ciipy 4e0.ss,rocol peps t T4646396ZFX i , Oct 01 03 03: 16p Burns Properties Inc 409 860-5208 p. 7 5550 Eastex Freeway Commercial Lease concerning: Beaumont B. The party responsible for the charges under Paragraph 7A will pay the charges directly to the utility service provider. The responsible party may select the utility service'provider except, that if Tenant selects the provider any access or alterations to the Property or leased premises necessary for the j utilities may be made only with Landlord's prior consent, which Landlord will not unreasonably withhold. If Landlord incurs any liability for utility or connection charges for which Tenant is responsible to pay and Landlord pays such amount, Tenant will immediately upon written notice from Landlord reimburse Landlord such amount. C. Notice: Tenant should determine if all necessary utilities are available to the leased premises and are adequate for Tenant's intended use. D. After-Hours HVAC Charges:"HVAC services" means the utility expenses to heat and cool the leased premises. (Check one box only.) (1) Landlord is obligated to provide the HVAC services to the leased premises only during the Property's operating hours specified under Paragraph 9C. El (2) Landlord will provide the HVAC services to the leased premises during the operating hours specified 'under Paragraph ;9C for no additional charge and will, at Tenant's request, provide HVAC services to the leased premises during other hours for an additional charge of$ per hour. Tenant will pay Landlord the charges under this paragraph immediately upon receipt of Landlord's invoice. Hourly charges are charged on a half-hour basis. Any partial hour will be rounded up to the next half hour. Tenant will comply with Landlord's procedures to make a request to provide the additional HVAC services under this paragraph. ❑ (3) Tenant will pay for the HVAC services under this lease. & INSURANCE: I, A. During II times this lease is in effect, Tenant must, at Tenant's expense, maintain in full force and effect �Q from an i urer authorised to operate in Texas: t (1) public li 'ity insurance in an amount not less than $1,000,000.00 on an occurrence basis naming Landlord as additional insured;and (2) personal grope damage insurance for Tenant's business operations and contents,on the leased premises in an amount sufficient to replace such contents after a casualty loss. B. re the Commencement Date, Tenant must provide Landlord with a copy of the insurance certificates e!id sing the required coverage. If the insurance coverage changes in any manner or degree at any time th' lease is in effect,Tenant must, not later than 10 day- ays after the change, provide Landlord a copy of an ins 'once .certificate evidencing the change. It C. If Tenant fai maintain the required insurance in full force and-effect at all times this lease is in effect, Landlord may: 0 1 :(1) purchase insura that will provide Landlord the same coverage as the required insurance and must imme lyreimburse Landlord for such expense;or (2) exercise Landlord's're dies under Paragraph 20. D. Unless the parties agree otherwise, Landlord will, at Landlord's expense, maintain in full force and effect insurance for fire and extended coverage in an amount to cover the reasonable replacement cost of the ; improvements of the Property and public liability insurance in an amount that Landlord determines reasonable and appropriate. _ (TAR-2101)6-7-02 Initialed for Identification by Tenants: and Landlord: Page 5 of 15 Produced with Tipft m^by RE FamsNe4 LLC 18025 Flfteen We Rand,aiMan Townstdp,MaNpan 49035.18 0 01 MUM T4646386.ZFX i I Oct 01 03 03: 16p Burns Properties Inc 409 860-5208 p. 8 5560 Eastex Freeway t; Commercial Lease concerning: Beaumont E. If there is an increase in Landlord's insurance premiums for the leased premises or Property or its contents that is caused by Tenant,Tenant's use of the leased premises, or any improvements made by or for Tenant, Tenant will, for each year this lease is in effect, pay Landlord the increase immediately . after Landlord notifies Tenant of the increase. Any charge to Tenant under this Paragraph 81) will be equal to the actual amount of the increase in Landlord's insurance premium. f 9. USE AND HOURS: (lc A. Tenant may use the leased premises for the following purpose and no othe or operating the omens Infants and Childrens Proaram and any business associated. i B. Unless otherwise specified in this lease, Tenant will operate and conduct its business in the [eased premises during business hours that are typical of the industry in which Tenant represents it operates. - C. :The Property maintains operating hou,rs of(spe hours, days f week, and if inclusive or exclusive'of ! weekends and holidays): y ' �© i R 10 LEGAL COMPLIANCE: enant may not use or permit any part of the leased premises to be used for. ('t) any ac tivity which Is a nulsance or is offensive, noisy,or dangerous; . : .(2) any''activity that interferes with 'any other tenant's normal business; operations or Landlord's maMgement of the'Property; a (3) any activity that violates any applicable law, regulation, zoning ordinance, restrictive covehant governmental order, owners' association rules, tenants' association ivies, Landlord's nrles.'or regulations,:or this lease; (4) any hazardous activity that would require any insurance premium on the Property or leased premises ';1) to increase or that would void any such Insurance; (5) any activity that violates any applicable federal, state, or local law, including but not limited to those � laws related to air quality, water quality, hazardous materials, wastewater, waste disposal, air emissions,or other environmental matters; (7) the permanent or temporary storage of any hazardous material;or B. "Hazardous material" means' any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, solvent, or oil as defined by any federal,. state, or local environmental law,- regulation,ordinance,or rule existing as of the date of this lease or later enacted. I, C landlord does not represent'or warrant that the leased premises or Property conform to applicable ulreme , zoning ordinances, setback lines, parking;restndio. --_p g requirements;-impervious ground=cover .ratio . . req nits,•and other matters that may relate#o Tenant's Intended,use:Tenant must satisfy itself that Y , the leased premises may be used as Tenant Intends by indenendenfi nyestinatrna all mattersrelafedto the use of the leased premises or Property Tenant agrees that rt 7s not-relvrn4 on an warrantyor ! representation made by Landlord. Landlord's agent. br any broker'corScemlracI`thb, u 66-kf__VW leased• i' premises or Property, (TAR-2101)6-7-02 Initialed for Identification by Tenants: „ and Landlord: Page 6 of 15 , !. ftW—d W1M uPFbrM-by REF~4a%ue 18M R WM we Road,ckjon TM"tjA WdOw OM pW)3n4m T4646386.ZFX Oct 01 03 03: 17p Burns Properties Inc 409 860-5208 p.9 i ' i 5550 Eastex Freeway Commercial Lease concerning: Beaumont 11.SIGNS: A. Tenant may not post ior paint any signs at, on, or about the leased premises or Property without Landlord's written consent. Landlord may remove any unauthorized sign, and Tenant will promptly reimburse Landlord for its cost to remove any unauthorized sign. B. Any authorized sign must comply with all laws, restrictions, zoning ordinances, and any governmental order relating to signs on the leased premises or Property. Landlord may temporarily remove'any authorized sign to complete repairs or alterations to the leased premises or the Properly. C. By providing written notice to Tenant before this lease ends, Landlord may require Tenant, upon move-out and at Tenant's expense, to remove,without damage to the Property or leased premises, any all signs that were placed on the Property or leased premises by or at the request of Tenant. Any signs that Landlord does not require Tenant to remove and that are fixtures, become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. 12.ACCESS BY LANDLORD: A. During Tenant's normal business hours Landlord may enter the leased premises for any reasonable purpose, including but'not limited to purposes for repairs, maintenance, alterations, and showing the leased premises to prospective tenants or purchasers. Landlord may access the leased premises after E: Tenant's normal business hours if: (1)entry is made with Tenant's permission; or(2)entry is necessary to ooniplete erriergency. repairs. Landlord will not unreasonably interfere with Tenant's business ,operations when;ac"ing the leased premises. B I)Udhg the last , 30 days of this lease, Landlord may place a"For Lease"or similarl y worded sign in file leased.premises. i 13:MdVE4N CONDITION: Tenant'has inspected the leased premises and accepts it in its present :(as-is} condition unless expressly'noted'otherwise in this lease. Landlord and any agent have made no express`or Implied warranties as to the condition or permitted use of the leased premises or Property f f 14,MOVE-OUT CONDITION AND FORFEITURE OF TENANTS PERSONAL PROPERTY: f A_ At the time this lease ends, Tenant will surrender the leased premises in the same condition as when received, except for normal wear and tear. Tenant will leave the leased premises in a clean condition free of all trash,debris, personal property,hazardous materials,and environmental contaminants, B. If Tenant leaves any personal property in the leased premises after Tenant surrenders possession of the leased premises, Landlord may. (1) require .Tenant, at Tenants expense," to remove the personal property:by providing written notice to Tenant; or(2) retain such personal property as forfeited-property to Landlord. - C. "Surrender"means vacating the leased premises and_returning all keys and access devices to Landlord. "Normal wear and tear" means deterioration that.occurs without negligence,- accident, or i abuse - D B ro "din written notice f = . Y p vi g o Tenant before this lease ends, Landlord may require Tenant, upon moves-out and at Tenan's expense,to'remove,without damage to the Pro perty or leased premises,any or all fixtures'that were placed on the Property or leased premises by or at the request of Tenant. Any fixtu0es1hat'Landlord does not require Tenant to remove become the property of the Landlord and must be surrendered to Landlord at the time this lease ends. (TAR 2101)6-7-02' rnttlaled for Identification by Tenants: ,and Landlord: Page 7 of 15 I i PM*Jmd ww,LWWre-DY 1W FWMSNeb U-0 10M FMNee IIOe R=4 ow m Tffsd ,WNW IE0S9.PM 3044 T484638�ZFX � I Oct 01 03 03: 18p Burns Properties Inc 409 860-5208 p. 10 i . 5550 Eastex Freeway Commercial Lease concerning: Beaumont 15.MAINTENANCE AND REPAIRS: A. Cleaning: Tenant must keep the leased premises clean and sanitary and promptly dispose of all garbage in appropriate;receptacles. ❑ Landlord Q Tenant will provide, at its expense, janitorial services to the leased premises that are customary and ordinary for the Property type. B. Repairs of Conditions Caused by a Part:Each party must promptly repair a condition in need of repair that is caused, either intentionally or negligently, by that party or that party's guests, patrons, invitees, contractors or permitted subtenants. C. Repair and Maintenance Responsibility Except as provided by Paragraph 156, the parry designated ! ii below, at its expense, is responsible to maintain and repair the following specified items In the leased j premises. The specified items must be maintained in dean and good operable condition. If a !!i governmental regulation or order requires a modification to any of the specified items, the party i designated to maintain the item must complete and pay the expense of the modification. The specified items include and relate only to real property in the leased premises.Tenant Is responsible for the repair and maintenance of Its personal property. (Check all that apply.) NA Landlord Tenant (1) Foundation,exterior walls, roof,and other structural components Q W_� ❑ (2) Glass and windows ❑ ❑ (3) Fire protection equipment and fire sprinkler systems ❑ ❑ ❑ (4) Exterior �& overhead doors, including closure devices, molding Qom' ❑ ❑ locks,and hardware (5j Grounds maintenance, including landscaping and ground ❑ ❑ i t: sprinklers i (fi) Int nor doors, ink uding,closure;devices, frames, molding, locks, ❑ ❑ IJI hardware (7) ; aiicing areas ar► walks ❑ ❑ { i(8) ' Plumbing system, drainage systems, electrical systems, ballast ❑ [( ❑ i ao) lamp -replacement,'and mechanical systems, except those ! � p spbaficaily design6W.6the6Mse (9) Heating Ventilation and Air Conditioning(HVAC)systems ❑ ( ❑ (' (10) Signs and lighting: (a) pylon �- (b) Facia ❑ x i (c) Monument 0 1 (d) Door/Suite ❑ ❑ ® J (11) Extermination and pest control,excluding wood-destroying insects ❑ (12) Storage yards and storage buildings (13) Wood-destroying insect treatment and repairs x (14) Cranes and related systems 0 ❑ ❑ (15) ' (17) All other Items and systems. - ❑ _ . ❑ a _ ❑ ❑ ❑ } D. Repair Persons: Repairs must be'completed-by trained,qualified,and ftuted:repair ersons. - -- - IiI i - {TAR 21 �')'61�-02 Ini�aled'for Idenff=tlon by Tenants: ��brd. f I Page 8 of 15 i ftO*XW WMh 7Jp WM-by RS FMY N L LW IM Fftm Mik Road,pMmi TWCOW MdigM 400k 0001 U34M T46MS6.ZFX ll jhI I Oct 01 03 03: 19p Burns Properties Inc 409 860-5208 P- 11 i 5550 Eastex Freeway Commercial Lease concerning: Be aumo i'' E. HVAC`Service Contract: if Tenant maintains the HVAC system under Pa ragraph 15C(g), Tenant O is ❑ is not requited to tnaintain, at its expense, a regularly scheduled maintenance and service contract k` for the HVAC'system. The maintenance and service contract must be purchased from a HVAC maintenance company that regularly provides such contracts to similar properties. If Tenant fails to maintain a required HVAC maintenance and service contract in effect at all times during this lease, Landlord may do so and charge Tenant the expense of such a maintenance and service contract or exercise Landlord's remedies under Paragraph 20. ;i F. Common Areas: Landlord will maintain any common areas in the Property in a manner as Landlord determines to be in the best interest of the Property. Landlord will maintain any elevator and signs in i the common area. Landlord may change the size, dimension, and location of any common areas, provided that such change does not materially impair Tenant's use and access to the leased premises. Tenant has the non-exclusive license to use the common areas in compliance with Landlord's rules and restrictions. Tenant may not solicit any business in the common areas or interfere with any other person's right to use the common areas.This paragraph does not apply if Paragraph 2A(2)applies. G. Notice'of Repairs:Tenant must promptly notify Landlord of any item that is in need of repair and that is Landlord's responsibility to repair.All requests for repairs to Landlord must be in writing. I H. Fallure to Repair.Landlord must make a repair for which Landlord is responsible within a reasonable period of time after Tenant provides Landlord written notice of the needed repair. If Tenant fails to i repair or maintain Ali item:for;which Tenant is responsible within 10 days after Landlord provides Tenant Written notice'of the needed repair or maintenance, Landlord•may: (1) repair or maintain the 3 Item, without liability for any damage or loss to Tenant, and Tenant must immediately reimburse LaAiflord for the cost to repair or"maintain;-or(2)exercise Landlord's remedies under Paragraph 20. iO _) i6 RATIN$: t A' Tenant may not alter,improve,or add to the Property or the leased' reuses without ' consent: Landlord will not, unreasonably thhold consent for:p Landlord's written non-structural alterations, modifications,or improvements to the leased premises•to reasanabig B. Tenant may not alter any locks or any security devices on the Property or the leased premises without '1 Landlord's consent If Landlord authorizes the changing, addition; or rekeying of any locks or other security devices,Tenant must immediately deliver the new keys and access devices to Landlord. C. If a governmental order requires alteration or modification to the leased, remises, p the party obligated to maintain and repair the item to be modified or altered as designated In Paragraph 15 will, at its expense,modify or alter the item in compliance with the order. D. Any alterations, improvements, fixtures or additions to the Pro ° . party`or leased premises installed by either'party during the term of this lease will become Landlord's property and must be surrendered to Landlord at the time this lease ends, except for time fixtures Landlord requires Tenant to remove Under,Paragraph 11 orb 14 or If-the parties agree otherwise in writing. I i 17. UENS: Tenant may not do anything - ng that will cause tfie°title.of the Property or leased premises to be i 6ridamber.•ed In any way. If Tenant causes a lien to be filed against-the Property or leased premises, t Tehant will within 20 days after receipt of Landlord's demand: 1 record► or(2)take actio�l o discha a the lien Tenant will pr vWe Land rcf a copy.-of athny release Tenant t t- obtains pursuant to this paragraph. (TAR-2101)6r7-02 Initialed for Identification by Tenants: and Landlord: Page,9 of 15: rr**A M wkh ZlpFarmw by RE FormsNK LLC U=Rtem ub Road,cum T +W+4 w 0:«.4ea�5.00)3834006 T4646386.ZFx' Oct 01 03 03: 19p Burns Properties Inc 409 eeo-5208 p. 12 i , T 5550 Eastex Freeway Commercial Lease concerning: Beaumont, 18. LIABILITY:To the extent permitted by law. Landlord is NOT responsible to Ten nt or Tenant's employees. I i patrons.guests, or Invitees for anv damages iniunes or losses to person or property caused by ' A. a6act. omission or n' lest of:Tenant-Tenant's agent Tenant's uest•Tenant's employees:Tenant's patrons:Tenant's invitees:or any other tenant on the Property j B. fire flood water leaks ice snow hail winds explosion, smoke riot strike interru tion of utilities, the bur la robbew assault vandalism other persons environmental contaminants or other occurrences or casualty losses. 19. INDEMNITY: Each party will indemnifv and hold the other Party harmless from anv property damage Personal injury, suits actions, liabilities damages cost of repairs or service to the leased Premises or Property, or any other loss caused negligently or otherwise by that party or that party's employees patrons,-guests, or invitees �i 20. DEFAULT; A. If Landlord fails to comply with this lease within 30 days after Tenant notifies Landlord of Landlord's failure to comply, Landlord will be in default and Tenant may seek any remedy provided by law. 1f, 1 however, Landlord's non-compliance reasonably requires more than 30 days to cure, Landlord will not ! be in default if the cure is commenced within the 30-da y period and is diligently pursued. B If Landlord does not actually receive at the place designated for payment any rent due under this lease within 5 days after it i's due, Tenant will be in default. If Tenant fails to corn with this lease comply for any �> other reason within 10 days after Landlord notifies Tenant of its failure to'comply, Tenant will be in C: I default: CI' jf Tgriant is ;in defau Landlord' may: 6) terminate Tenant's right to occupy the leased premises b providing Tenant'witf gat]east 3 days written notice; and Qij accelerate all rents which are payable dunng' the remainder'of this lease .or any renewal period without notice or demand. Landlord.will attempt to r M igate ar>�r damage'or loss caused by Tenants breach by using commercially reasonable i means: If Tenaft is in!default,Tenant will be liable for (1) any lost rent; (2) Landlord's cost of reletting the leased premises, including brokerage fees, advertising fees,..and other fees necessary to relet the leased premises; , . (3) repairs to the leased premises for use beyond normal wear and tear, (4) all Landlord's costs associated with eviction'of Tenant, such as attorney's fees, court costs, and prejudgment interest~ (5) all Landlord's costs associated with collection of rent such as collection fees, late charges, and returned check charges; i (6) cost of removing any of Tenant's equipment or fixtures left on the leased premises or Property; (7) cost to remove any trash, debris, personal property, hazardous materials, or environmental contaminants left by Tenant or Tenant's employees, patrons; guests,,or invitees in the leased premises or Property; i (8) Property-,to replace any unretumed keys or access devices to the leased premises, parking areas, or ! . ; (8) any other recovery to which Landlord ma- y be entitled under this lease-or under.law. .I 21. C.ABANDON MENT, ;INTERRUPTION OF UTILITIES, REMOVAL DF PROPERTY, AND LOCKOUT: Chapter 93 of the Texas Property.Code govems the rights and obligations of the parties with regard to: (a) abandonment of the leased premises; (b) interruption of utilities; (c) removal of Tenant's property; and (d) I j 4j (rAR 21 1)'6-7-02 Initialed for Id! ntifica$on by Tenants: and Landlord: Page 10 of 16 i . Pfd VA 27p OM-by RE Fpe W4 Me 19025 n-effl WG R*K Clnba Townshp, idol 9E3 8905 I g . W"' + L i.i, i i i l Oct 01 03 03:20p Burns Properties Inc 409 860-5208 p. 13 5550 Eastex Freeway Commercial Lease conceming: Beaumont 22. HOLDOVER:If Tenant fails to vacate the[eased premises at the time this lease ends, Tenant will become a tenant-at-will and must vacate the leased premises immediately upon receipt of demand from Landlord. No holding over by Tenant, with or without the consent of Landlord, will extend this lease. Tenant will indemnify Landlord and any prospective tenants for any and all damages caused by the holdover. Rent for any holdover period will be 2 times the base monthly rent plus any additional rent calculated on a daily basis and will be immediately due and payable daily without notice or demand. E 23. LANDLORD'S LIEN AND SECURITY INTEREST. To secure Tenant's performance under this lease, Tenant-grants to Landlord a lien and security interest a ainst all of Tenant's nonexempt personal proverty that is in the leased remises or Proverty. This lease is a security agreement for the Uniform Commercial Code. Landlord may file a copy of this lease as a financing statement purposes of the 24. ASSIGNMENT AND SUBLETTING: Landlord may assign this lease to:any subsequent owner of the Property. Tenant may not assign this lease or sublet any part of the leased premises.without Landlord's written consent.An assignment of this lease or subletting of the leased premises without Landlord's written ` I. consent is voidable by Landlord. If Tenant assigns this lease or sublets any part of the leased premises, Tenant will remain liable for all of Tenant's obligations under this lease;regardless if the assignment or j sublease is made with or without the consent of Landlord. i 25. RELOCATION: OY"A. By providing Tenant with not less than 90 days advanced written notice, Landlord may require Tenant to relocate to another1ocati6n in the Property, provided that the other location is equal in size or larger i than the leased premises then occupied by Tenant and contains similar leasehold' improvements. Landlord will pay Tenant's reasonable out-of-pocket moving expenses for moving to the other location. #. "Moving expenses" means reasonable expenses payable to professional movers, utility companies for connection and: fees,wiring comparies for connecting and disconnecting Tenant's office equipment required by the felocatioh, and printing companies for reprinting Tenant's stationary and business raids:A rel 'cation of Tenant will not change or affect any other provision of this lease that is then in effect, incuding sent and relmbursement amounts, except that the description of the suite or I ' unit number wilt automatically be;amended. B Landlord may not require Tenant to relocate to another location in the Property without Tenant's prior consent. 26. SUBORDINATION: k This lease and Tenant's leasehold interest are and will be subject;subordinate.and inferior to: l (1) any lien, encumbrance.:or ground lease now or hereafter placed'on the leased premises or the Property that Landlord authorizes; (2) all advances made under any such lien,encumbrance,or ground lease; (3) the interest payable on any such lien or encumbrance; (4) any and all renewals and extensions of any such lien,encumbrance,or ground lease; j (5) any restrictive covenant affecting the leased premises or the Property;and (6) the'rights of any owners'association affecting the leased premises or Property.- 13 Tenant must, on demand, execute a subordi'natien,`attomrnent, and non-drstu.rbance agreement that i Landlord may request that Tenant:execute,provided:that such agreement is made.on the condition that this lease and Tenant's rights under this lease are recognized bythe 6-11616-holder. 210:1)6- initialed for Identifica'on ti Tenants: Y and Landlord Page 11 of 15 i,I� , i PMdUOld •by RE ftrn. .4W Ma vibe"Age Rad.Clwan T"=hk•U"M 40035.ON)3af4005 T46463862FX I Oct 01 03 03:21p Burns Properties Inc 409 860-5208 p. 14 I� I I 5550 Eastex Freeway Commercial Lease concerning: Beaumont - 27. ESTOPPEL CERTIFICATES:Within 10 days after receipt of a written request from Landlord, Tenant will execute and deliver to Landlord an estoppel certificate that identifies: '. A. any breach of the lease; B. the then current rent payment and rent schedule; C. the date the next rent payment is due; D. any advance rent payments; E amount of the security deposit; F. any daims for any offsets; G the then current term 4f the lease; K' any renewal'options; 'I. ; Tenant's possession and acceptance of the leased premises and improvements; r J ,.'any ownership interest by Tenant;and K. any other information reasonably requested in the certificate. 28. CASUALTY LOSS: I I j A. Tenant must immediately notify Landlord of any casualty loss in the leased premises.;Within 20 days after receipt of Tenant's notice of a casualty loss, Landlord will notify Tenant if the leased premises are I less than or more than 50% unusable, on a per square foot basis, and if Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty loss. B. If the leased premises are less than 50% unusable and Landlord can substantially restore the leased premises within 120 days after Tenant notifies Landlord of the casualty, Landlord will restore the leased premises to substantially the same condition as before the casualty. If Landlord fails to substantially restore within the time required,Tenant may terminate this lease. C If the leased premises are more than 50%unusable and Landlord can substantially,restore the leased. premises within 120 days after Tenant notifies Landlord of the casualty, Landlord may: (1) terminate ' timis lease; or (2) restore the leased premises to substantially the same condition as before the . Suelty If Landlord c�tmooses to'restore and-does not substantially restore the leased premises within time required,Tenant meY`terminate this lease. i l D If Landlord notifies Tg1 nant that Landlord cannot substantially restore the leased premises within 120 i 1.dajrs fter;Tenant riotfies Landlord Of the casualty loss, Landlord may: (1) choose not to restore and } (2) choose to restore, notify Tenant of._the estimated time to restore ,"and give t terhhm, to this 1 se; I i t�.,k Tenarrt the option to t mminate this lease by notifying Landlord within 10 days. } E. If this lease does not terminate because of a casualty loss, rent will be reduced from the date Tenant notifies Landlord of the casualty loss to the date the leased premises are substantially restored by an amount proportionate.to the extent the leased premises are unusable. 29. CONDEMNATION:If after a condemnation or purchase in lieu of condemnation the leased premises are is totally unusable for the purposes stated in this lease, this lease will temunate. If after a condemnation or purchase In lieu of condemnation the leased premises or Property are partially unusabie fof the purposes of this lease, this lease will continue and rent.wiil be-reduced an amount proportionate to the extent the leased premises are unusable. Any condemnation award_or- pros cis in I eu of=condemnation ate;the property of Landlord and Tenant has no claim to.such-proceeds or award ;Tenant may seek compensafon- - - from the condemning authority for its moving expenses and-damages10 Tenant's personal-property. - 30. ATTORNEY'S FEES:Any person.who is.a.,prevailing__party in at1y legal proceeding brought under or related to::the.transaction described'in this (ease is entitled to recover prejudgment interest, reasonable -- _ attomey's fees,and all other costs of litigation from the nonprevailing party. (TAR 2101)6-7-02 IntSaled for lontification by Tenants: ,and Landlord: Page 12 of 15 i # a y wllh *'OyRE Fall LW W=F911m Mk Pond.Croton Tow�L11009 n 4W35.PM W 34M 1'4646386.&, X I. I I i t Oct 01 03 03:22p Burns Properties Inc 409 860-5208 p. 15 5550 Eastex Freeway Commercial Lease concerning: Beaumont 31. REPRESENTATIONS:Tenant's statements in this lease and any application for rental are material representations relied upon by Landlord. Each party-signing this lease represents that he or she is of legal age to enter into a binding contract and is authorized to sign the lease. If Tenant makes any I misrepresentation in this lease or in any application for rental,Tenant is in default. Landlord is not aware of any material defect on the Property that would affect the health and safety of an ordinary person or any environmental hazard on or affecting the Property that would affect the health or safety of an ordinary person,except: i 32. BROKERS: A. The brokers to this lease are: r. Burns Properties Inc 3 Cooperating Broker License No. Principal Broker 0424819 License No. 6845 Phelan Blvd Address Address (409)866-2398 !(409)860-5208 Phone Fax Phone Fax �. E-mail E-mail Cooperating Broker represents Tenant. Principal Broker (Check only one box) p represents;Landloid only'. El representsTenant only. Q is an intermediary between Landlord and Tenant. Fees: ❑ (1) Principal Broker's fee will be paid according to:(Checironly one box). a (a) a'separate jn►ritten commission agreement between Principal Broker and: '. Landlord: ❑Tenant i ❑ .(b) the attached Addendum for Broker's Fee. i (2} Cooperating Broker's The will be,paid.aocording'to: (Check 9nly one box) j ❑ (a) a separate written commission agreement between Cooperating Broker and: d Principal'Broker(3 Landlord ❑Tenant. ❑ (b) the attached Addendum for Broker's Fee. 33. ADDENDA:Incorporated h I1 rporated into this lease are the addenda, exhibits and other information marked.in I the ' Addenda and Exhibit section of the Table of Contents. If Landlord's Rules 8:nd Regulations are made part ! 3 of this lease,Tenant agrees to comply with the Rules and Regulations as Landlord may, at its discretion, amend from time to time. (TAR 2101)6-7-02 Initialed for Identification by Tenants: ,and Landloni: Page 13 of 15 1` Pli&Md SIM MPftm"by RE Fa=&K LLC'a=nNteen Mk P4A GNM T SNP.MldNpart�l035,lam�83�605 T46463862FX ' I ; E , Oct O1 03 03:23p Burns Properties Inc 409 860-5208 p. 16 5550 Eastex Freeway Commercial Lease conceming: Beaumont, E. Severable Clauses: If any clause in this lease is found invalid or unenforceable by a court of law; the remainder of this lease will not be affected and all other provisions of this lease will remain valid I and enforceable. F. Waiver: Landlord's delay, waiver, or non-enforcement of acceleration, contractual or statutory lien, rental due date, or any other right will not be deemed a waiver of any other or subsequent breach by Tenant or any other term in this lease. G. Quiet Enioyment: Provided that Tenant is not in default of this lease, Landlord covenants that Tenant will enjoy possession and use of the leased premises free from material interference. H. Force Maieure: If Landlord's performance of a term in this lease is delayed by strike, lock-out, shortage of material, governmental restriction, riot, flood, or any cause outside Landlord's control, the time for Landlord's performance will be abated until after the delay. I ; Time rime is of the essence.The parties require strict compliance with the times for performance. #, i A Brokers are not qualified to render" legal advice, property Inspections, surveys, engineering studies, enw foininetrtal,assessments,tax advice, or compliance Inspections.The parties should seek experts to t l' render uch sery ices. READ THI$L ASE CAREFULLY. If you do not understand the effect of this Lease, Consult your attorney BEFORE signing. I i; City of Beaumont ! h Tenant Landlord By By Date Date Printed Narne Printed Name' Title Title r Tenant; p Landlord By ! By Date Date Prated"Name `: I Printed Name le, Title a at (TAR 2101)6-"9 Page 15 of 15 i ftWL d WMh ZPFam"by RE F=*4C LLC 79025 FMt m Mk P 1d.C1eron TownWP,&Wd9M 480,'i5r taco)U34M T4646386.1" -- " Oct 01 03 03:23p Burns Properties Inc 409 860-5208 p. 17 '! L'I TEXAS ASSOCIATION OF REALTORS® i COMMERCIAL LANDLORD'S RULES AND REGULATIONS ' USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORSA I8 NOT AUTHORIZED. Woxas Assoelattan of REALTORS®,hle.2= REGARDING THE COMMERCIAL LEASE CONCERNING THE LEASED PREMISES AT 5550 Eastex Freeway, Beaumont, it NOTICE: These rules and regulations are adopted to maintain and enhance the safety and appearance of the �. ,t Property. Frbm time to time LaOlord, at its discretion, may amend these rules and regulations for the purposes 'I for which they were adopted. Under the above-referleneed lease, Tenant agrees to comply with these rules and regulations as they_may be jmended. Exceptions or waivers must be authorized by Landlord in writing. Property"' means the building!or cortiplex in which the leased premises are located, inclusive of any common areas,drives, parking areas,and walks. I" A Goods, merchandise, equipment, or any personal property may not be stored on the Property, except for inventory within the leased premises necessary for Tenant's normal business operations, i I Ui' B. Food is not permitted on the Property except for a small amount of food for Tenant's personal #� pe 1 consumption. C. Other than .those provided by Landlord or specifically authorized by Landlord, no vending machines are ! permitted on the Property. D. The Property may not be used for lodging or sleeping quarters in any manner. E. No animals;may be brought or kept on the Property. i F. No obstrvdion or interference that imp 1 edes`use of the common-areas,walks, drives, loading areas, parking l areas;cordons, hallways,vestib(iles,and stairs is permitted on the Property. G. Persons parking on the Prroperty must comply with all posted signs and directions regulating the parking 1i "No fiaminable; toxic;' noxious,! or.;hazardous materials may be kept on the Property r , ' liver the-oo,.nter cleaning r�rateri is kept in enclosed storage closets or cabinets. apt for 'r - l.` Tenants moving in or out of th e �roperty;must use only the service entrances and service elevators'dyring the move. Ail moves must be made at times that do not cause inconvenience in the nomia! use of the I { Property- - i J. Deliveries and shipping of goods and merchandise in or out of the Property ust be made ' 1 ` sernce entrances, service elevators, loading docks, or other designated shipping and receiving through es ; Shipments and deliveries must be made at times that do not cause inconvenience to tenants-of patrons on the Property. K. Leased premises must be kept clean and free of debris. Trash must be de F receptacles. posited into appropriate (TAR-2i 08)6-7.02 �Q=PAS Inc. dowim rd.!�204. baunwnt tic 77706 Page 1 df 2 ones ' Ph 409 86,6 2398 Fax 409860 5208 Bvins Properties Ina R FWTW4 LC 1e05 RBem Mile e Rod,Ckdw Tow 4W.fod"d Mh Mld n 4003S 00)3034M T4646386�FX Oct 01 03 03:24p Burns Properties Inc 409 860-5208 P. 18 5550 Eastex Freeway, Beaumont, Landlord's Rules and Regulations conceming L. Repair requests must be submitted to Landlord in writing in compliance with the lease. M. No modification to the Property and leased premises may be made unless authorized by Landlord, in writing, or permitted by the lease, N. No illegal or offensive activity is permitted on the Property nor is any activity that constitutes a nuisance or j interferes with the rights of other tenants. 4 O. Unless specifically authorized by Landlord, no solicitation or business operations are permitted in the common areas. j P. Other I i4 f 1 3i , y ja I t' I Receipt acknowledged by: r ! (Tenant) a on (Date) t (TAR-2108)6-7-02 Page 2 of 2 Pmdm W wp,apF«mm by PM F*m04*t U.0 IS=Fi twn We PAW.CWftn ToWMW t1 kNgsn 4007ti.(M)983AM T4"K3u4FX I OFFICE CONFERENCE �kat REST - o Roots Room Roots Y,2-0' O OF pre.E�co �o•X i4 m - �, -HALL 0 v L OpFlGE PROPOSE AddTtr-ONA[ v 9 x 5'a" FF l7 ROOM t ,- OFFxcE -SPACE m - GoOlcR.FAX $jbRA6G 1 �- - __ - - n " .• L 7 - OfFSC! NOTE: NOT TO SCALE _ O Name' o Addf _-. .. - fF Div.9A -(�111VDSTORJN Btk- 0- O --: Date O. jjj�ii;jj i; ow Raw w _ o PFrcE Rvs CONFERENCE }dust r Roots Rooms _ °D Room o uNi f S�X ZO' co } /o•X t'�' CD MRGc. _ o�F�« PROpOSC Add-T+x0NA[ E-r L F ROOM t f OFFICE SPACE M ' a ,� fopsFFC FAX SjORRti� t L OFPSG4' .d. 9X4'4" L a _ C L $vPFRvzSoR - 7 O FFrG - - NOTE: NOT TO SCALD N m ID - - - C DidY.i K IMbScX SU^rC_fE RM - - • . _ Blk.. o - TM Date - VVE 6 October 7,2003 Consider approving a resolution relating to the Martin Luther King, Jr. Parkway Commission ...... City of Beaumont �• Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 3, 2003 REQUESTED ACTION: Consider approving a resolution relating to the Martin Luther King, Jr. Parkway Commission. BACKGROUND During the September 30, 2003 City Council meeting, there was discussion amongst the Councilmembers relating to activities of the Martin Luther King, Jr. Parkway Commission and their desire of erecting a statue of Dr. Martin Luther King, Jr. as a tribute to his many meaningful accomplishments. A copy of the resolution for consideration is attached for your review. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RESOLUTION NO. WHEREAS, the Martin Luther King Commission was first established in the 1980's as a Mayor's Committee and later became a City Commission and was charged with providing recommendations and advice to the State Department of Highways and Public Transportation as to the installation of the original landscaping on the MLK Parkway and later undertook advising the City as to the maintenance and aesthetic development of the Parkway; and, WHEREAS, they have completed the original landscaping assignment in a most satisfactory and attractive manner and are now desirous of erecting a fitting statue of Dr. King as a tribute to his many meaningful accomplishments; and, WHEREAS, they now wish to contract with a sculptor for furnishing of such a statue and have worked diligently for a number of years to raise funds for this project; and, WHEREAS, the City Council is supportive of the project but can not commit financially to any contract; and, WHEREAS, the Council is desirous of assisting and expediting the MLK Commission in the acquisition of a statue and, if the Commission believes that the most expeditious manner in which to accomplish this is for the Commission to incorporate as an independent non-profit corporation under the laws of the State of Texas and to then apply for a 501(c)(3) status with the Internal Revenue Service making them eligible for tax exempt status in and of their own right, as well as meeting eligibility for many foundation grants; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT THE CITY COUNCIL does hereby and with this Resolution instruct the City Attorney and the City Manager to make available all possible, through staff expertise, technical assistance to the MLK Commission in order to accomplish these desired ends as quickly as possible and pledges itself to assist in such endeavors in any manner in which Council may properly do so. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of October, 2003. - Mayor Evelyn M. Lord - 7 October 7,2003 Consider approving a resolution nominating C. L. Sherman and Eugene Landry to the Board of Directors of the Jefferson County Appraisal District V~cl..UJI City of Beaumont Oda 'M Council Agenda Item TO: Mayor and City Council FROM: Kyle Hayes, City Manager MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 3, 2003 REQUESTED ACTION: Consider adopting a resolution nominating C. L. Sherman and Eugene Landry to the Board of Directors of the Jefferson County Appraisal District. BACKGROUND C. L. Sherman and Eugene Landry are current Members of the Board of the Jefferson County Appraisal District. The terms of the current Board members expire on December 31, 2003. Governmental entities that desire to submit nominations for the Board of Directors must do so by resolution adopted by their governing body and file it with the Appraisal District prior to October 15, 2003. A letter from Roland Bieber, Chief Appraiser, is attached for your review. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION After the ballot listing all nominees is received by the City, the City Council will be asked to cast its votes, again by resolution, and submit the resolution to the Appraisal District before December 15, 2003. RECOMMENDED BY Mayor Evelyn M. Lord. Jefferson County Appraisal District (409)840-9944 P.O.Box 21337 4610 S.Fourth St. (409)727-4611 Beaumont,Texas 77720-1337 Beaumont,Texas 77705 Fax(409)727-5621 CHIEF APPRAISER MEMBERS OF THE BOARD Roland R.Bieber,RPA C.L.Sherman, Chairperson Miriam K.Johnson,Secretary Eugene Landry Charles Lankford August 20, 2003 Fred L.Mitchell Mrs. Evelyn Lord Mayor City of Beaumont P O Box 3827 Beaumont TX 77704 Dear Mayor Lord: In accordance with Section 6.03(e) of the Property Tax Code, attached please find the voting entitlement for each taxing unit that is entitled to vote for the Board of Directors. The terms of the current Board members expire on December 31, 2003. If your entity would like to submit nominations for the Board of Directors, you must do so by resolution adopted by your governing body and file it with me prior to October 15. Before October 30 I will submit to each entity entitled to vote a ballot listing all of the nominees. Each entity will then cast its votes, again by resolution adopted by the governing body, and submit the resolution to me before December 15. The conservation and reclamation districts nominated C. L. Sherman for the 2004 - 2005 term of office. Mr. Sherman will be placed on the ballot along with the nominees submitted by the County, cities, and school districts. In the main election, the nominee who receives the majority of the votes cast by the conservation and reclamation districts will receive all of the votes cast by the special districts. I have enclosed a copy of the calendar of events for the election of the Board of Directors. Please be aware that due to new legislation, extensions for submitting your nominees and casting your votes can no longer be granted. If you have any questions, please do not hesitate to contact me. Sincerely, Roland R. Bieber, RPA Chief Appraiser a✓: w , pb 9 r ut f f r. Enclosures fir. Kyle Hayes, City Manager JEFFERSON COUNTY APPRAISAL DISTRICT Voting Allocation for 2004 - 2005 Board of Directors Based on 2002 Tax Levies % of Total 2002 Tax Lev v Tax Lev v #of Votes Drainage District #6 $10,057,985.90 3.12% 156 Drainage District #7 $10,140,763.33 3.15% 157 Port of Beaumont $5,243,543.94 1.63% 81 Port of Port Arthur $3,592,580.94 1.11% 56 Port of Sabine Pass $253,565.33 0.08% 4 Trinity Bay Conservation Dist $24,632.72 0.01% 0 WCID #10 $697,309.52 0.22% 11 SUBTOTAL C & R DISTRICTS: $30,010,381.68 9.31% 465 Jefferson County $44,440,239.31 13.78% 689 Beaumont ISD $95,466,958.88 29.61% 1481 Hamshire-Fannett ISD $6,190,072.06 1.92% 96 Nederland ISD $15,620,163.12 4.84% 242 Port Arthur ISD $37,983,928.47 11.78% 589 Port Neches-Groves ISD $39,156,296.70 12.15% 607 Sabine Pass ISD $6,851,776.78 2.13% 106 City of Beaumont $26,369,752.09 8.18% 409 City of Groves $3,540,604.92 1.10% 55 City of Nederland $3,701,303.83 1.15% 58 City of Port Arthur $8,223,311.17 2.55% 128 City of Port Neches $4,843,616.55 1.50% 75 SUBTOTALS: $292,388,023.88 90.69% 4535 TOTALS: $322,398,405.56 100.00% 5000 } ELECTION OF BOARD OF DIRECTORS Calendar of Events as Revised by BB 2043 Before October 1 Chief Appraiser calculates votes each entity is entitled to and delivers written notice to each taxing entity (with exception of conservation and reclamation districts). Before October 15 By resolution adopted by the governing body, each entity submits nomination to the Chief Appraiser(with exception of conservation and reclamation districts). An entity may submit a nomination for each of the five positions on the Board. Before October 30 Chief Appraiser prepares a ballot of candidates whose names were timely submitted and delivers a copy to the presiding officer of each entity entitled to vote. Before December 15 Each entity determines its vote by resolution and submits it to the Chief Appraiser. An entity may cast all its votes for one candidate or distribute them among candidates. Before December 31 Chief Appraiser counts the votes, declares the five candidates who receive the largest vote totals as the winners, and submits the results to the taxing entities and the candidates Should any deadline fall on a weekend or holiday, the deadline is extended to the next regular business day. Revisions to Section 6.03 of the Property Tax Code no longer allow the Chief Appraiser to grant an extension for submitting nominees or casting votes. V October 7,2003 Consider approving a renewal of an annual maintenance agreement for HTE, Inc. software support City of Beaumont �• Council Agenda Item � = K. TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 10, 2003 REQUESTED ACTION: Council consider renewal of an annual maintenance agreement for HTE, Inc. software support. RECOMMENDATION Administration recommends payment of an invoice to HTE, Inc. for the renewal of an annual maintenance agreement for software support in the amount of$60,687. BACKGROUND HTE, Inc. software is used by various City departments. This purchase is exempt from competitive bidding since it is available from only one(1)source having exclusive rights to modify and maintain the software. The software maintenance agreement provides for unlimited telephone support and up to three(3) software updates during the annual term. The agreement is for an annual period beginning October 1, 2003 and ending September 30, 2004. The maintenance agreement includes service for the following fourteen(14) applications: SOFTWARE APPLICATION CONTRACT AMOUNT Building Codes/Building Permits $5,198 Finance/Accounts Receivable $4,148 Finance/Asset Management $2,835 Finance/Cash Receipts $2,993 Annual Agreement for HTE Software Support September 10, 2003 Page 2 SOFTWARE APPLICATION CONTRACT AMOUNT Finance/GMBA Accounting System $11,760 Finance/Imaging System $2,426 Finance/Loan Module $2,363 Finance/Occupational Licenses $2,153 Finance/Retrofit Custom Software $3,500 Human Resources/Applicant Tracking $3,675 Imaging/Document Management Services $ 945 Payroll/Personnel $9,240 Public Works/Land Management $2,993 Purchasing/Inventory $6,458 TOTAL $60,687 Last year, fifteen(15) applications were maintained at a cost of$49,735. BUDGETARY IMPACT Funds are available in the Information Services Division's fiscal year 2004 budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY: City Manager and Central Services Director. 9 October 7,2003 PUBLIC HEARING: Council conduct a public hearing to receive comments on a proposal to reallocate funds in the amount of$10,000 from the 1999,2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center Consider the reallocation of funds in the amount of $10,000 from the 1999, 2001 and 2002 Consolidated Block Grant Programs to extend operating hours at the Sterling Pruitt Center and authorize the City Manager to execute a Memorandum of Understanding with the City of Beaumont Recreation Division V~ City of Beaumont WW- Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Manager/Interim Grants Administrator MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 2, 2003 REQUESTED ACTION: Council conduct a public hearing to receive comments on a proposal to reallocate funds in the amount of$10,000 from the 1999,2001 and 2002 Consolidated Block Grant Programs, approve a request to reallocate said funds, and authorize the City Manager to execute a Memorandum of Understanding with the City of Beaumont Recreation Department. RECOMMENDATION Council conduct a public hearing to receive comments on a proposal to reallocate funds in the amount of$10,000 from the 1999, 2001 and 2002 Consolidated Block Grant Programs, approve a request to reallocate said funds, and authorize the City Manager to execute a Memorandum of Understanding with the City of Beaumont Recreation Department. BACKGROUND The Sterling Pruitt Activity Center, located at 2930 Gulf Street, a low/moderate income area, was constructed in 1997 from Consolidated Block Grant funds. The Center is currently open from 8:00 a.m. - 7:00 p.m., Monday through Thursday, and from 8:00 a.m. - 6:30 p.m. on Fridays. The Administration proposes to extend the hours of operation to 8:00 a.m. - 9:00 p.m., Monday- Thursday, 8:00 a.m. -6:30 p.m.on Fridays,and 9:00 a.m.-5:00 p.m.on Saturdays. Extended hours will provide for a schedule that better suits the needs of the neighborhood and will provide for Saturday recreation activities. - BUDGETARY IMPACT Funds are available from completed activities from the 1999, 2001 and 2002 Consolidated Block Grant Programs. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director, Planning Manager, Housing Manager/Interim Grants Administrator Consolidated Block Grant Program Proposed Extended Hours Program for the Sterling Pruitt Activity Center Program Available Reprogram Year Line Item Funds Amount 1999 Theodore R Johns, Jr. Branch Library $ 1,612.37 $ 1,612.37 2001 Interim Assistance 17,148.00 5,850.00 2001 Replacement Housing 2,100.25 2,100.25 2001 Court Appointed Special Advocates(CASA) 147.73 147.73 2001 Martin Elementary School 66.41 66.41 2002 Best Years Center 225.00 225.00 $21,299.76 $ 10,000.00 Note: Proposed funding distribution will provide for close-out of completed Public Service activities. u� City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 7, 2003 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments Mildred Hall would be appointed to the Historical Landmark Commission. The term would commence October 7, 2003 and expire October 6, 2005. (Mayor Pro-Tem Becky Ames) Diane Parrett would be appointed to the Senior Citizen Advisory Committee. The term would commence October 7, 2003 and expire October 6, 2005. (Mayor Pro-Tem Becky Ames) A) Approve the proposed schedule, application and application deadline for the 2004 Action Plan of the Consolidated Grant Program B) Approve a two-percent wage increase for the City Attorney C) Approve the acceptance of a fifteen foot (15') wide sanitary sewer easement along the future extension of Willow Bend Drive to reroute an existing sanitary sewer line adjacent to Willow Creek Country Club Estates D) Approve the purchase of thermal imaging cameras for use in the Fire Department E) Approve the renewal of an annual maintenance agreement for International Business Machines Corporation equipment 0.1 City of Beaumont ww_ Council Agenda Item TO: City Council PROM: Kyle Hayes, City Manager PREPARED BY: Janett Blunt, Housing Manager/Interim Grants Administrator MEETING DATE: October 07, 2003 AGENDA MEMO DATE: September 30, 2003 REQUESTED ACTION: Council consider adopting the proposed schedule, application and application deadline for the 2004 Action Plan. RECOMMENDATION The Administration recommends that Council adopt the proposed schedule, application and application deadline for the 2004 Action Plan. BACKGROUND City Council has adopted a schedule, application and application deadline each year, in order to ensure timely submission of the Annual Action Plan. BUDGETARY IMPACT The Administration anticipates receiving notification of the 2004 federa ocation during the month of December 2003. A rave ' c, + ► �� rZ60 PREVIOUS ACTION ous Gran s Coo ' ator ate None. -� P -� P in agar Date SUBSEQUENT ACTION t Cw' - [Aoa- . _ 1_OZ-03 None. DrOc;cr Public Works Data RECOMMENDED BY City Manager Dalls City Manager, Public Works Director, Planning Manager, Housing Manager/Interim Grants Administrator PROPOSED SCHEDULE FOR ADOPTING THE 2004 HUD CONSOLIDATED GRANT PROGRAM Thursday,November 6 . . . . . . . . . . . . . . . . . . . . . . Application Workshop for the 2004 Consolidated Grant Program,Council Chambers, 9a.m. Tuesday,December 9 . . . . . . . . . . . . . . . . . . . . . . . CDAC Orientation/meeting on the 2004 Action Plan, 2"Floor Conference Room,4p.m. Tuesday, February 3 . . . . . . . . . . . . . . . . . . . Council workshop on the 2004 Consolidated Grant Program;request to adopt the proposed budget for the 2004 Action Plan. Tuesday,February 10 . . . . . . . . . . . . . . . . . . . . . CDAC Public Hearing/Workshop -Council Chambers. Citizens,neighborhood associations,and non-profit organizations, 6p.m. Sunday, February 15 . . . . . . . . . . . . . . . . . . .. . Publish a summary of the proposed 2004 Action Plan for a 30 day comment period. Friday,February 27 . . . . . . . . . . . . . . . . . . . . . . . Applications for the 2004 Public Service/Public Facilities& Improvements Grants are due by 5.00 p.m.to the City of Beaumont, Room 225. Thursday,March 4 . . . . . . . . . . . . . . . . . . . . . . . Applications submitted to CDAC and City Council for review. Thursday, March 18 . . . . . . . . . . . . . . . . . . . . . . . CDAC Public Hearing/Workshop -Council Chambers. Citizens,neighborhood associations,and non-profit organizations, 6p.m. Tuesday, March 23 . . . . . . . . . . . . . . . . . . . . . . CDAC submits its recommendations for the 2004 Public Services line item of the Consolidated Grant Program,2nd Floor Conference Room, City Hall, 4p.m. Tuesday,April 6 . . . . . . . . . . . . . . . . . . . . . . . . Council Public Hearing/Workshop on the 2004 Consolidated Grant Program Public Services/Public Facilities& Improvements line item.Citizens, neighborhood associations and non-profit organizations, 1:30p.m. Tuesday,April 13 . . . . . . . . . . . . . . . . . . . . . . Council Workshop to make allocations on the 2004 Consolidated Grant Program Public Services/Public Facilities& Improvements line item and issue a resolution adopting the 2004 Consolidated Grant Program. Friday, April 30 . . . . . . . . . . . . . . . . . . . . . . . . Forward 2004 Action Plan to HUD for final review and approval. 2004 APPLICATION FOR FUNDING PUBLIC SERVICES/PUBLIC FACILITIES & IMPROVEMENTS Housing & Urban Development/Community Development Block Grant Program Please note the following criteria for organizations requesting CDBG funds: 501(c)(3) certification for non-profit organizations; must show that it is leveraging its funds by obtaining at least 25% of total project costs from other sources; ""► funds must be applied toward new service or a quantifiable increase in level of service; and, ""► at least 51% of total persons served must be low/moderate income, whether service is to all residents in a particular area or to a specific group. Funding requests are limited to$20,000 for public services or public facilities&improvements Please provide the information requested below: A. Vital Statistics 1. Name of Organization Contact Person/Title Add ress/C ity/State/Zi p Telephone/Fax/Email 2. Program Year 2004 3. Amount and type of CDBG funds requested (Activities involving construction/rehab of any size or type are considered public facilities &improvements) 4. Proposed number of beneficiaries 5. Check one: ❑ New service ❑ Quantifiable increase in level of service 6. 501(c)(3) Non-Profit Organization Yes ❑ No ❑ (If yes, copy of determination letter must be attached) B. Program Information (attach sheets where necessary) 7. Briefly describe the capacity(experience)of the organization and its ability to implement and manage the proposed activity. 8. Briefly explain how CDBG dollars will assist the organization in implementing the proposed activity. Please provide below the source(s) and details of other funding obtained. Disclaimer/Acknowledgment To all Public Service/Public Facilities & Improvements Applicants: Please be aware that in order to receive primary consideration for funding, applicants must meet the criteria as indicated below and on the grant application. By signingg below, you acknowledge that you have been advised of these criteria as conditions of funding from tfie 2003 Public Services/Public Facilities & Improvements line item of the City of Beaumont's 2003 Consolidated Grant Program. ❑ 501(c)(3) certification for non-profit organizations; ❑ must show that it is leveraging its funds by obtaining at least 25% of total project costs from other sources; ❑ funds must be applied toward new service or a quantifiable increase in level of service; and, ❑ at least 51% of total persons served must be low/moderate income, whether service is to all residents in a particular area or to a specific group. In addition, applicants are advised that projects involving new construction, rehabilitation, acquisition or installation of equipment will be given priority. Funding requests are limited to$20,000 for pub/ic services or pub/ic facilities&improvements Organization: By: Name/Title Date: Note: Completed application and 501(c)(3) Non-profit Certification must be received in our office located at 801 Main Street, Room 225, by Friday, February 27, 2004 at 5:00 p.m. Please note that applications submitted via U. S. mail must also be received in our office by the above-referenced application deadline. Applications are not considered complete until 501(c)(3) certification is received. Please address all questions and/or comments to Grants Administration staff at (409) 880-3763. Please be advised that though applications are accepted year round, funds may not be available after City Council has adopted the City's Annua/Action Plan, in accordance with the above- referenced application dead line. 9. Describe the staffing structure of the organization. 10. Submit itemized budget indicating proposed use of CDBG funds . 11. Submit names and addresses of Board of Directors. - 12. Briefly describe the nature of the organization and how it benefits low to moderate income families in the Beaumont community. 13. If funded, how many low to moderate income persons will benefit from the proposed activity? To date, how many low to moderate income persons have been assisted by the organization? 14. Check the benefit category that addresses your organization. ❑ The public service is available to all of the residents in a particular area and at least 51% of these residents are low to moderate income persons. ❑ The public service is limited to a specific group of people at least 51% of whom are low to moderate income persons. Services qualifying under this category benefit a specific clientele rather than providing services to all the persons in a geographic area. 15. Check the area of service that your organization responded to in the last year. ❑ Job training ❑ Health care ❑ Child care ❑ Education programs ❑ Recreation programs ❑ Fair housing activities ❑ Public safety services ❑ Services for homeless persons ❑ Services for senior citizens ❑ Drug abuse counseling and treatment ❑ Services for mentally ill persons ❑ Energy conservation counseling/testing Other type of service provided (describe): C. Construction/Renovation 16. If any portion of funding will be used for construction, please indicate the nature of said construction. ❑ Renovation of a facility or structure ❑ Construction of a facility or structure 17. The organization requesting funding must be able to show that it is leveraging its funds by obtaining at least 25% of the cost of renovation or construction from other sources. B City of Beaumont Council Agenda Item Am ' c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Lane Nichols MEETING DATE: October 7, 2003 AGENDA MEMO DATE: October 1, 2003 REQUESTED ACTION: Approve a two-percent wage increase for the City Attorney. BACKGROUND The City Attorney would receive a two-percent wage increase effective October 1,2003. The wage increase would be consistent with the cost-of-living adjustment of two-percent for all civilian employees effective October 1, 2003. The City Attorney's additional compensation will remain unchanged. BUDGETARY IMPACT Funds are available in the FY 2004 Budget. PREVIOUS ACTION The City Council conducted the City Attorney's performance review on September 29, 2003. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager RESOLUTION NO BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT effective October 1, 2003, the base wages of the City Attorney, Lane Nichols, is hereby increased 2%. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of October, 2003. - Mayor Evelyn M. Lord - c City of Beaumont �• Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 29, 2003 REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen foot (15') wide sanitary sewer easement along the future extension of Willow Bend Drive to reroute an existing sanitary sewer line adjacent to Willow Creek Country Club Estates. RECOMMENDATION Mickey Phelan B Land L. P. has agreed to convey a fifteen foot (15') wide sanitary sewer easement to the City of Beaumont on property described as being out of the S. Stivers League, Jefferson County, Texas. The easement is located along the future extension of Willow Bend Drive adjacent to Willow Creek Country Club Estates. Administration recommends acceptance of the easement. BACKGROUND None. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. willow-bend_esmt-ib.wpd September 29,2003 SUBJECT L Z zW Z 15' SANITARY SEWER a ASEY Z HUMBLE a EASEMENT W W $ Q }j a f W a 0 w �✓ a IX OUT OF S. STIVERS SURVEY r�- 3 0 ABSTRACT 21 TE QL L�LV WALDEN KEMPER v ORAL GL NEAGLES � D OWNER: RI yW � 2 ON re" MAHO AN H MICKEY PHELAN B LAND Q UN RT o a k: RI I RA gCti r Ti L.P. L j W t Fps o coo a WIC � LOCATION MAP LEGEND N.T.S. ® SUBJECT PROPERTY rN�'b�Ps �PP / FUTURE 60'RIGHT-OF-WAY \ WILLOW BEND DRIVE / (EASEMENT INCLUSIVE) 110, / X jPROPOSED 15'WIDE UTILITIES EASEMENT 0.032 ACRES f I i WILLOW CREEK COUNTRY CLUB ESTATES SECTION X-B o3 TlI1MHERRT CIRCLE 110, l I N.T.S. D City of Beaumont �• Council Agenda Item IV ' " c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 26, 2003 REQUESTED ACTION: Council consideration of the purchase of thermal imaging cameras. RECOMMENDATION Administration recommends the purchase ofthree(3)thermal imaging cameras for$35,987.53 from Dooley Tackaberry, Inc. of Deer Park, Texas for the Beaumont Fire Department. BACKGROUND A thermal imaging camera provides enhanced visibility through smoke during firefighting search and rescue operations. The hand-held cameras will allow firefighters to more easily locate trapped victims, hidden fires, and chemical or other material leaks in a variety of hazardous environments. Use of the thermal imaging cameras will improve the overall effectiveness and safety of firefighting operations. Bids were solicited from Scott brand distributors for three (3) Eagle 160 Imager 2-channel transmitters and receivers. Distributors were also asked to provide pricing for a two (2) year extended warranty. The Scott Eagle 160 Imager was chosen because of the superior combination of features it offers including the ability to be employed from both a standing or a crawling position and a shoulder strap which will allow for hands-free transportation when required. Seven(7)vendors were notified and the following two (2)bids were received: VENDOR TRANSMITTER RECEIVER WARRANTY TOTAL Dooley Tackaberry, Inc. $10,309.49/ea. $1,184.40/ea. $1,505.86. $35,987.53 Deer Park, TX Hagemeyer North America $11,151.00/ea. $1,280.00/ea. $1,627.00 $38,920.00 Beaumont, TX Purchase of Thermal Imaging Cameras September 26,2003 Page 2 BUDGETARY IMPACT In 2002,the Federal Emergency Management Agency(FEMA)awarded the Fire Department a grant that provides reimbursement of the purchase price of equipment after a 30% matching funds requirement is met. The City's 30% matching funds requirement of$11,096.26 for this camera purchase is reduced by$4,554.84 paid on a previous equipment purchase. The resulting net amount due from the City's Capital Reserve Fund is$6,541.42 after FEMA reimburses the City$29,746.11 for the purchase of three(3)thermal imaging cameras PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director, and Fire Chief City of Beaumont Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 7, 2003 AGENDA MEMO DATE: September 16, 2003 REQUESTED ACTION: Council consider the renewal of an annual maintenance agreement for International Business Machines Corporation equipment. RECOMMENDATION Administration recommends payment of an invoice to International Business Machines Corporation (IBM) for the renewal of an annual maintenance agreement in the amount of$29,923. BACKGROUND The maintenance contract provides service for the mainframe computers (iSeries) and peripheral equipment located in various City departments and facilities. Competitive bids are not required because parts used to repair these units are captive replacement parts available only from one source. State law provides for the exemption of competitive bids when captive replacement parts can be purchased from only one source. IBM will maintain thirty-three(33)pieces of equipment that include display stations, magnetic tape units, printers, remote location controllers, modems, local control units, token ring equipment, processors, scanners, and disk drives. IBM furnishes 24 hours, 7 days a week service on the equipment and provides replacement parts on the processors. In addition,IBM replaces outdated peripheral equipment with new equipment when repairs are needed. Annual Maintenance Agreement for IBM Hardware September 16, 2003 Page 2 This agreement excludes the maintenance of personal computers and laptop computers. The agreement is for an annual period beginning October 1, 2003 and ending September 30, 2004. Last year, the annual maintenance agreement was $54,624.08 for seventy-six (76) pieces of IBM equipment. The decrease in maintenance costs this year can be attributed to the recent purchase of two (2) IBM iSeries servers which included five (5) years of hardware maintenance and to the removal of antiquated equipment that would cost less to replace than maintain. BUDGETARY IMPACT Funds will be available in the fiscal year 2004 budget as follows: I)EPARTM1"�TT EIID PIECES fF Tt3TAL EQUtPMEYT PRICE Information Services General Fund 22 $18,453 Police Department Confiscated Goods Fund 4 $ 4,416 Water Utilities Water Fund 3 $ 4,155 Municipal Court Municipal Court Tech Fund 3 $ 2,574 Clean Community Solid Waste Management Fund 1 $ 325 TOTAL: 33 $29,923 PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Central Services Director.