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HomeMy WebLinkAboutPACKET OCT 05 1999 BARBARA LIMING CITY CLERK CITY CLERK'S OFFICE low I City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS OCTOBER 5, 1999 1:30 P.M. AGENDA OPENING • Invocation Pledge Roll Call • Presentations and Recognition • Public Comment: Persons may speak on scheduled agenda items (excluding 2-9) • Consent Agenda GENERAL BUSINESS 1 Consider approval of Fire Station 11 reassignment or a staffing plan for the fire (, station located at 6375 Walden Road 2.' Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property along the southwest right-of-way of Concord Road, north of Highway 105 3. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a federal credit union in the 2000 Block of Dowlen Road 4. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located southeast of Fannett Road and Brooks Road 5. Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located in the South Amelia Addition 6. Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to C-M (Commercial-Munufacturing) District for property located at 5350 Walden Road 7 7. Consider a request for a zone change from A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District GC-MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelliinne-2f District or property ocon • at the northwest corner of Dowlen Road and proposed Delaware 5,8. Consider a request for a specific use permit to allow a funeral home a`R (Residential Conservation and Revitalization) District for ro rty 1685 Park at Craig 149. Consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Phelan Boulevard at Shakespeare Drive 10. Consider an appeal of a decision by the Historic Landmark Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks Historic District at 2425 Angelina Consider an ordinance repealing Acerb le II of Chapter 29 of the Code of Ordinances and enacting new tax regulations Consider an ordinance requiring Entergy/Gulf States to book and suspense �G.. revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative a 9 13. Consider a one year contract with Ny1Care for a Health Maintenance Organization 14. Consider a one year contract for medical stop loss insurance with Standard Security Life Insurance Company of NewYork c I 15. Consider a contract for excess workers' compensation insurance _30)_ 16. Consider a five-year financing agreement for the purchase of one standby emergency generator 17. Consider authorizing an architectural va Architectural Alliance, Inc. for the ion of the old municipal court area located ted in the Police Building 18. PUBLIC HEARING: 1695 Milani Consider an ordinance declaring the structure at 1695 Milani to be a public nuisance and ordering staff to take all steps necessary to abate the nuisance COMMENTS « Councilmembers comment on various matters « City Manager's Report « Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION « Executive Session in accordance with Section 555.071 of the Government Code to discuss contemplated or pending litigation: « Executive Session in accordance with Section 55 1.074 of the Government Code to discuss the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer: specifically the City Attorney and City Clerk Persons with disabilities who plan to attend this meting and who as day PO o ab auxiliary �gaids or services are requested to contact Kyle Hayes at 1 October 5, 1999 Consider approval of Fire Station 11 reassignment or a staffing plan for the fire station located at 6375 Walden Road City of Beau mont IL r Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Michel G. Bertrand, Fire Chief MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 29, 1999 REQUESTED ACTION: Council approval of Fire Station 11 reassignment or a staffing plan for the fire station located at 6375 Walden Road. RECOMMENDATION j Since 1997, fire administration has recommended redeploying the crew from Fire Station No. 11 at /sue 2185 Sabine Pass to the Walden Road location. This remains the preferred option, amended to allow f for a ready reserve pumper to be placed at the Sabine Pass location and staffed with off-duty (��` �✓ personnel in times of anticipated need. Should staffing be necessary, overtime expense will be incurred. Additionally, this fire service area will be monitored and quarterly status reports will be prepared by fire administration staff for Council review. Based on Council's continued direction to retain fire service from the Sabine Pass location at minimal or no additional cost, alternative recommendations were again studied. After a comprehensive review of various options, the administration has provided the following alternative staffing plan for Council's review. The alternative staffing plan involves utilization of personnel currently assigned to the fire suppression division. Staffing shortages will require temporarily placing units out-of-service and supplementation of staffing levels with overtime. BACKGROUND In 1990, the fire department became aware of deficiencies in response distance and time in the southwest sector of the community. At that time, no action was taken to correct the deficiencies. Subsequently, in 1996, an updated study was conducted to examine the fire protection needs within this sector. The updated study found that serious deficiencies still exist. To correct this inadequacy, the Insurance Services Office (I.S.O.), an independent rating organization, recommended two options. The report received in September of 1996 recommended Staffing Plan for Fire Station September 13, 1999 Page 2 to either relocate one of the two engine company crews located at Fire Station No. 1 to a proposed site in the vicinity of Interstate 10-South and Walden Road, or to relocate the engine company crew from Fire Station No. 11 to the same site. initiative was already underway By the time the I. S. O. report was received m September, 1996, an eady Y to consolidate the services provided by Engine 1 and Snorkel 1 at Fire Station No. 1. The purpose of consolidating these two pieces of equipment was twofold. First, to replace an aging Snorkel unit. Second,to provide a unit that could be kept in service 100%of the time. Due to staffing constraints, Engine 1 was frequently placed out of service. On June 13, 1996, a purchase order was issued to acquire a 100' aerial apparatus that could serve both as a pumper and/or ladder platform. The department accepted delivery of Truck 1 and the resulting consolidation was implemented April 22, 1997. Consequently, the only recommended option remaining was to relocate the crew of Fire Station No. 11. On February 11, 1997, a presentation was made to Council establishing the need for three fire stations. The presentation focused on the construction of the facilities and the need to adequately staff the stations with existing personnel. Council authorized to execute an agreement for architectural services on May 26, 1998. Council awarded the contract for construction of the three facilities to Daniels Building& Construction on September 29, 1998. Target date for completion of construction was scheduled for September 30, 1999. In the period following the award of the construction contract, fire department staff began to prepare for the implementation of the administrative recommendation, which was to redeploy the crew from Fire Station No. 11 to the Walden Road site. As the time to make the redeployment approached, public concern over the proposed changes emerged. If Council were to consider and approve the original recommendation, which is to redeploy the Fire Station 11 crew, staffing the Walden Road location would not require hiring additional personnel. The strategy provides more balanced, uniform coverage for the entire community, greater efficiency in operations, and is the most cost effective option. Analysis of Alternative Staffing Plan Currently, 47 personnel are required to fully staff all front-line equipment each day. Operating an additional fire station would increase this number by 3 personnel, for a total of 50 personnel each day. Policy under the previous administration had allowed multiple fire apparatus (pumper, aerial truck and/or rescue unit, etc.) to be placed out-of-service, before overtime was authorized, to maintain minimum staffing levels. However, since 1996, with consolidation of apparatus (detailed in background)and an improved staffing policy,the practice of placing multiple apparatus out-of-service has stopped. Staffing Plan for Fire Station September 13, 1999 Page 3 To ensure firefighter safety and provide effective response, the preferred policy would be to maintain full staffing on all front-line apparatus 1001/6 of the time. However, due to the constraints of the overtime budget, the full staffing level of 47 is allowed to drop to 45 before utilizing off-duty personnel. Therefore, current policy directs holding over personnel to staff apparatus if levels fall below the minimum staffing level of 45 (two persons below full staffing). The minimum staffing level allows for only one fire apparatus(usually Truck 4/Rescue 57, 7010 Gladys)to be temporarily taken out-of-service, and its two person crew to be temporarily reassigned to maintain staffing of other apparatus. Operating an additional fire station facility, without an increase in personnel, places an increased burden on the current minimum staffing level of 45. If this alternative is accepted, the minimum staffing level should be increased to at least 47. While doing so would generate additional overtime expense, it would ensure only one apparatus being out-of-service, at any time. If implemented, the sequence of apparatus being taken out-of-service before minimum staffing levels are reached would be as follows: On-duty Number of Personnel Below Apparatus Taken Out-of-Service for'' Staffing Level Full Staffing Personnel Reassignment to other'Apparatus '' 50 0 None 49 1 Truck 4/Rescue 57 48 2 Truck 4/Rescue 57 47 3 Engine 11 Engine 11 can only remain in service 100% of the time if minimum staffing levels do not drop below 48 personnel. The City Manager and Fire Department staff met with representatives of Firefighters Local No. 399 September 30, 1999. The purpose of the meeting was to discuss reorganization initiatives and advanced medical training opportunities. There was consensus that this proposed alternative staffing plan has less impact on the operation of the fire service system than the previous alternative staffing plan presented at the September 21, 1999 meeting. The alternative staffing plan would require increasing the total number of Grade III (Captain) positions by three, reducing the total number of Grade H positions by three, and maintaining the current number of Grade I positions for FY2000. While it is perceived this plan may have somewhat of a negative effect on the morale of the permanently assigned crews receiving temporary reassignment, the overall impact of this reduced morale is uncertain. Staffing Plan for Fire Station September 13, 1999 Page 4 BUDGETARY IMPACT The administrative recommendation will impact the budget through overtime expense only in times of anticipated need for the ready reserve pumper to be staffed. Due to the uncertainty of this contingency,there is no accurate way to forecast this expose. It is estimated at approximately$5,000 per yam• The alternative recommendation will include the additional cost of station, equipment, and apparatus maintenance. It will also increase the total number of Captain positions by three. This will impact the budget by an estimated$21,486 in FY2000. The budget will also be impacted if the minimum staffing level is increased above 45 personnel. The range of possibilities and their costs are illustrated in the following table: Estimated Additional Estimated Estimated Overtime Estimated Staffing Number of Overtime Expense to Full-Time Equivalent Level On-duty Shifts per Cost per Maintain '' Positions" Maintained Personnel year step* Level 50 49 68 $48,076 $190,359 3.9 49 48 73 $51,611 $142,283 2.9 48 47 68.25 $48,253 $90,672 1.9 47 46 35.5 $25,098 $42,419 0.9 46 45 24.5 $17,321 $17,321 0.4 45 1 44 1 17 1 $12,019 1 ------ 0.25 * Average Salary paid per 24-hour overtime shift equals $707. ** Annual salary plus benefits of a grade I firefighter equals $48,580. PREVIOUS ACTION On February 11, 1997, a presentation was given to Council in workshop outlining the need for the construction of three fire stations. The presentation focused on the location of the facilities and utilization of existing personnel to staff the stations. Council unanimously approved architectural services on May 26, 1998 and awarded the construction contract for three fire stations September 29, 1998. A presentation was given to Council on issues surrounding fire station locations and strategic issues on September 7, 1999. Council considered various alternative proposals on September 21, 1999. At this meeting, Council requested additional options. No formal action has been considered by Council in reference to relocation and staffing requirements. Staffing Plan for Fire Station. September 13, 1999 Page 5 SUBSEQUENT ACTION If the administrative recommendation is approved by Council, the crew from Fire Station No. 11 would be relocated from Sabine Pass to Walden Road. No other action would be required. If the alternative recommendation is approved by Council, authorization for three Captain positions would be required, as well as reduction of three Driver/Operator positions. Council should consider adjusting the FY2000 budget to reflect the estimated $21,486 additional cost of station, apparatus, and equipment maintenance and upgrades. Council should also consider changing the minimum staffing policy, and, if applicable, authorize additional overtime funds to maintain adopted minimum staffing levels. RECOMMENDED BY City Manager, Executive Assistant to the City Manager and Fire Chief RECOMMENDED MOTION Approve/Deny the administrative recommendation or an alternative to staff the fire station facility located at 6375 Walden Road, while retaining the fire service at Fire Station No. 11. -CITY OF E - Fittz & Shipman PLAN INC C E C __ Consulting Engineers and Land Surveyors • September 27, 1999 Being a 7.614 acre tract of land consisting of 5.513 acres in the Thomas Spear League, Abstract 50, and 2.101 acres of land in the W.E.Johnson Subdivision in the A. Duwe Survey, Abstract 459, as per map of record in Volume 3, Page 212 of the Map Records of Jefferson County,Texas,all being located in Beaumont,Jefferson County,Texas; BEGINNING at the southeast corner of a 1.5 acre tract conveyed to Garland Steve Westmoreland as described in Volume 636,Page 324 of the Deed Records of said County said corner being the northeast corner of the Thomas C. Hogan and Margo Hoyt tract as recorded in Film File#104-94-2449 of the Deed Records of said county, said point being 203.03 feet North 49° 33' 21"West of the intersection of the southwest right-of-way line of Concord Road and the North right-of-way line of State Highway 105, said point being the southeast corner of the tract herein described; THENCE NORTH 500 30' 00"WEST along the northeasterly line of the tract herein described and along the northeasterly line of said Westmoreland tract and also along the southwesterly line of Concord Road, a distance of 386.21 feet to an iron rod found marking the north corner of said Westmoreland tract, and • also being the most easterly corner of the John N. Eller 0.99 acre tract as described in Volume 937,Page 204 of the Deed Records of said County; THENCE NORTH 490 51' 23" WEST along the northeasterly line of the tract herein described and along the northeasterly line of said Eller tract and also along the southwesterly line of Concord Road, a distance of 110.10 feet to an iron rod set marking the northeast corner of said Eller tract and the southeast corner of the Levi Williford 0.335 acre tract as described in Volume 1080,Page 142 of the Deed Records of said County, said corner being located in the southwesterly right of way line of Concord Road; THENCE NORTH 490 51' 23" WEST along the southwesterly right of way line of Concord Road and along the northeasterly line of said Williford tract, a distance of 91.45 feet to an iron rod found marking the most northerly corner of the Williford tract and also being the most easterly corner of a 0.715 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14- 2537 of the Real Property Records of said County and described as Tract 2; THENCE NORTH 490 49' 53" WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Bankston 0.715 acre tract,a distance of 162.43 feet to an iron pipe found marking the most northerly corner of the 0.715 acre tract and also being the most easterly corner of a 0.493 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14-2537 of the Real Property Records of said County and described as Tract 1; THENCE NORTH 490 39' 09"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Tract 1,a distance of 107.57 feet to an iron pipe found • marking the most northerly corner of said 0.493 acre Tract 1 and also being the most easterly corner of a 440 18u' Street, Suite A• Beaumont, Texas 77707. (409) 832-7238•fax(409) 832-7303 1.062 acre tract conveyed to Mrs. William J.Taylor by deed dated September 27, 1975 and recorded in • Volume 1899, Page 369 of the Deed Records of said County; THENCE NORTH 490 39' 09"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Taylor tract,a distance of 100.00' feet to an iron pipe found marking the most northerly corner of said 1.062 acre Taylor tract and also being the most easterly corner of a 1.8612 acre tract; THENCE NORTH 500 23'46"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,passing at a distance of 235.62 feet an iron rod set marking the southeasterly corner of 30 feet wide road easement consisting of 0.1202 acres, and passing at a distance of 265.68 feet an iron rod set marking the northeasterly corner of said 30 feet wide road easement, and continues for a total distance of 396.36 feet to an iron rod found set for angle point in said line at its intersection with the east line of the A.Duwe Survey and the west line of the Thomas Spear League and being the northeasterly coiner of Lot 1 of said W.E.Johnson Subdivision; THENCE NORTH 55°43' 46"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,also along the northeasterly line of Lot 1, a distance of 86.57 feet to an iron rod found marking the northwesterly corner of Lot 1 and the most easterly corner of Lot 2 of said W. E.Johnson Subdivision; THENCE NORTH 58°22' 11" WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,also along the northeasterly line of Lot 2,a distance of 300.00 feet to an iron rod set marking the most northerly corner of the tract herein • described and also being the most northerly comer of said Lot 2; THENCE SOUTH 310 37' 49"WEST along the northwesterly line of the tract herein described and the northwesterly line of said Lot 2, a distance of 200.00 feet to an iron rod set marking the most westerly corner of the tract herein described, said corner being 200 feet perpendicular to the southwesterly right of way line of Concord Road; THENCE along a line parallel to and 200 feet southwest from the southwesterly right of way line of Concord Road the following bearings and distances: SOUTH 580 22' 11"EAST a distance of 295.39 feet to a point; SOUTH 550 43'46"EAST a distance of 72.65 feet to a point; SOUTH 50°23' 46"EAST a distance of 385.75 feet to a point-, SOUTH 490 39' 09"EAST a distance of 206.58 feet to a point; SOUTH 490 49' 53"EAST a distance of 162.79 feet to a point; SOUTH 490 51' 23"EAST a distance of 91.49 feet to a point; SOUTH 490 51' 23"EAST a distance of 100.12 feet to a point located in the southeasterly line of the aforementioned John N. Eller 0.99 acre tract and in the southwesterly line of the Garland Steve Westmoreland 1.5 acre tract; THENCE SOUTH 430 00' 00"WEST along the northwesterly line of said 1.5 acre Westmoreland tract corner, and the southeast line of said 0.99 acre Eller tract,a distance of 135.65 feet to a said p oint being located in the north line of the 0.737 acre tract conveyed to William J.Travis by deed dated January 11, 1985 and recorded in Film File No. 100-88-2352 of the.Real Property Records of said County; • fr44 THENCE EAST along the southernmost line of the tract herein described and the south line of the 1.5 acre Westmoreland tract,a distance of 527.09 feet to the PLACE OF BEGINNING and containing in • area 7.614 acres of land,more or less. • -mot File 1467-�: Request for a zone change from RS (Residential Single Family Dwelling) NORTH to GC-MD (General Commercial-Multiple Family Dwelling) or a more restrictive �o— commercial zone. Location: Along the southwest right-of-way of Concord Road, north of Highway 105 SCALE Applicant: Eastez Four,Ltd. 1"=200' r ' •' / ' ' c \ r O,s• / h �s� i � Y r o PROPOSED SHOPPING CENTER r , C- MD SrArr &wr ms SyOV HIGHWAY 105 so ,o ~, �� r • � � I� M /f M � M I I / AO 1 • 1 • I � l,� N xF O JJ JI Y ' •nom n .A. ORDINANCE NO. • ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED ALONG THE SOUTHWEST RIGHT-OF- WAY OF CONCORD ROAD, NORTH OF HIGHWAY 105, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned RS (Residential Single Family Dwelling) District to GC- MD (General Commercial-Multiple Family Dwelling) District located along the southwest right-of-way of Concord Road, north of Highway 105, as described in Exhibit "A" and shown on Exhibit "B" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. • That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 day of 1999. - Mayor - 0 2 October 5, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property along the southwest right-of-way of Concord Road, north of Highway 105 40 City of Beaumont � Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District. RECOWNIEN'D ATION The administration recommends approval of the zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District. BACKGROUND Eastex Four, Ltd. owns 8.79 acres at the northeast comer of the Eastex Freeway and Hwy. 105. This property is zoned GC-MD. A shopping center is planned for this property. Four adjacent tracts adjacent to Concord Road are under contract and are to be included in this proposed development. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the zone change. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling)District. • . _ ".;i!'�.�=` „��,,,� �,q� -•Jr� -411�Ti:�'"N'' .. _�. � _ s� I � .' I _.1 a� _I \ File 1467-Z: Request for a zone change from RS(Residential Single Family Dwelling) NORTH to GC-MD(General Commercial-Multiple Family Dwelling) or a more restrictive �o— commercial zone. - Location: Along the southwest right-of-way of Concord Road, north of Highway 105 SCALE Applicant: Eastez Four,Ltd. 1"-200' M M � j • N � ? A /! T ! - N Sao PROPOSED SHOPPING CENTER , • t. r C- MD 7 AN m r lrlrr NWr AN ro3 f j SYo� HIGHWAY 105 ' 30 �o N 1 O� A l r O w +o s $ IM.I •sr N AM -•__-.._.�.:_�._ .._-..ter:-,. - ..wsi.-,..._.._._`3..Z'���- - --. .. - ..�-. . --""— — - -- i PI.ANN'' Fittz & Shipman LR� . INC Consulting Engineers and Land Surveyors •r1r- September 27, 1999 Being a 7.614 acre tract of land consisting of 5.513 acres in the Thomas Spear League,Abstract 50, and 2.101 acres of land in the W.E.Johnson Subdivision in the A.Duwe Survey,Abstract 459,as per map of record in Volume 3,Page 212 of the Map Records of Jefferson County,Texas,all being located in Beaumont,Jefferson County,Texas; BEGINNING at the southeast corner of a 1.5 acre tract conveyed to Garland Steve Westmoreland as described in Volume 636, Page 324 of the Deed Records of said County said corner being the northeast comer of the Thomas C. Hogan and Margo Hoyt tract as recorded in Film File#104-94-2449 of the Deed Records of said county,said point being 203.03 feet North 49° 33' 21"West of the intersection of the southwest right-of-way line of Concord Road and the North right-of-way line of State Highway 105, said point being the southeast corner of the tract herein described; THENCE NORTH 500 30' 00"WEST along the northeasterly line of the tract herein described and along the northeasterly line of said Westmoreland tract and also along the southwesterly line of Concord Road, a distance of 386.21 feet to an iron rod found marking the north corner of said Westmoreland tract,and also being the most easterly corner of the John N. Eller 0.99 acre tract as described in Volume 937, Page 204 of the Deed Records of said County; THENCE NORTH 490 51' 23" WEST along the northeasterly line of the tract herein described and along the northeasterly line of said Eller tract and also along the southwesterly line of Concord Road,a distance of 110.10 feet to an iron rod set marking the northeast corner of said Eller tract and the southeast corner of the Levi Williford 0.335 acre tract as described in Volume 1080, Page 112 of the Deed Records of said County, said corner being located in the southwesterly right of way line of Concord Road; THENCE NORTH 490 51' 23"WEST along the southwesterly right of way line of Concord Road and along the northeasterly line of said Williford tract,a distance of 91.45 feet to an iron rod found marking the most northerly corner of the Williford tract and also being the most easterly corner of a 0.715 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14- 2537 of the Real Property Records of said County and described as Tract 2; THENCE NORTH 490 49' 53" WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Bankston 0.715 acre tract,a distance of 162.43 feet to an iron pipe found marking the most northerly corner of the 0.715 acre tract and also being the most easterly corner of a 0.493 acre tract conveyed to John Bankston by deed dated August 20, 1985 and recorded in Film File No. 101-14-2537 of the Real Property Records of said County and described as Tract 1; THENCE NORTH 490 39' 09"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Tract 1,a distance of 107.57 feet to an iron pipe found marking the most northerly corner of said 0.493 acre Tract 1 and also being the most easterly corner of a 440 I eth Street, Suite A• Beaumont,Texas 77707•(409) 832-7238•fax(409)832-7303 William J.Taylor b deed dated September 27, 1975 and recorded in 1.062 acre tract conveyed to Mrs Y Y Volume 1899,Page 369 of the Deed Records of said County; THENCE NORTH 490 39' 09"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of said Taylor tract,a distance of 100.00' feet to an iron pipe found marking the most northerly corner of said 1.062 acre Taylor tract and also being the most easterly corner of a 1.8612 acre tract; THENCE NORTH 500 23' 46"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,passing at a distance of 235.62 feet an iron rod set marking the southeasterly corner of 30 feet wide road easement consisting of 0.1202 acres, and passing at a distance of 265.68 feet an iron rod set marking the northeasterly corner of said 30 feet wide road easement, and continues for a total distance of 396.36 feet to an iron rod found set for angle point in said line at its intersection with the east line of the A.Duwe Survey and the west line of the Thomas Spear League and being the northeasterly comer of Lot 1 of said W.E.Johnson Subdivision; THENCE NORTH 550 43' 46"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,also along the northeasterly line of Lot 1, a distance of 86.57 feet to an iron rod found marking the northwesterly corner of Lot 1 and the most easterly comer of Lot 2 of said W. E.Johnson Subdivision; THENCE NORTH 580 22' 11"WEST continuing along the southwesterly right of way line of Concord Road and along the northeasterly line of the tract herein described,also along the northeasterly line of Lot 2,a distance of 300.00 feet to an iron rod set marking the most northerly corner of the tract herein described and also being the most northerly corner of said Lot 2; THENCE SOUTH 310 37' 49" WEST along the northwesterly line of the tract herein described and the northwesterly line of said Lot 2,a distance of 200.00 feet to an iron rod set marking the most westerly corner of the tract herein described, said corner being 200 feet perpendicular to the southwesterly right of way line of Concord Road; THENCE along a line parallel to and 200 feet southwest from the southwesterly right of way line of Concord Road the following bearings and distances: SOUTH 580 22' 11"EAST a distance of 295.39 feet to a point; SOUTH 55°43' 46"EAST a distance of 72.65 feet to a point; SOUTH 50°23' 46"EAST a distance of 385.75 feet to a point; SOUTH 490 39' 09"EAST a distance of 206.58 feet to a point; SOUTH 490 49' 53"EAST a distance of 162.79 feet to a point; SOUTH 490 51' 23"EAST a distance of 91.49 feet to a point; SOUTH 490 51' 23"EAST a distance of 100.12 feet to a point located in the southeasterly line of the aforementioned John N. Eller 0.99 acre tract and in the southwesterly line of the Garland Steve Westmoreland 1.5 acre tract; THENCE SOUTH 430 00' 00"WEST along the northwesterly line of said 1.5 acre Westmoreland tract and the southeast line of said 0.99 acre Eller tract,a distance of 135.65 feet to a corner,said point being located in the north line of the 0.737 acre tract conveyed to William J.Travis by deed dated January 11, 1985 and recorded in Film File No. 100-88-2352 of the.Real Property Records of said County; Y 1 . THENCE EAST along the southernmost linc of the tract herein described and the south line of the 1.5 acre Westmoreland tract,a distance of 527.09 feet to the PLACE OF BEGINNING and containing in area 7.614 acres of land,more or less. 3 October 5, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a federal credit union in the 2000 Block of Dowlen Road ORDINANCE NO. • ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED IN THE 2000 BLOCK OF DOWLEN ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of • Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) located in the 2000 Block of Dowlen Road, as shown on Exhibits "A" and "B" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 3. 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 i declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 day of , 1999. - Mayor - I LEGAL DESCRIPTION FOR ORDINANCE PURPOSES • TRACT 1 BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas. ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406 acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded under County Clerk's File No. 1999016905 of the Official Public Records of Real Property, Jefferson County, Texas, said tract being more fully bounded and described as follows: BEGINNING at a Amoco monument found marking the southeast corner of the herein described tract, said corner being: i) in the westerly line of Dowlen Road, a 100 foot (100') wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision, plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County, Texas; and iii) the most easterly southeast corner of the aforesaid 9.9406 acre tract; THENCE with the north he of Lots 20-22 of Dowlen Plaza and the south line of the herein described tract, South 86 degrees 30 minutes 57 seconds West (S 86'30'57" W) for a distance of 309.70 feet (309.70') to a point for corner in the north line of said Lot 20, Dowlen Plaza marking the southwest corner of the herein described tract; • THENCE with the west line of the herein described tract, North 03 degrees 32 minutes 35 seconds East (N 03° 32'35" E) fora distance of 430.17 feet (430.17') to a point for corner in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the Condominium Records of Jefferson County, Texas, and also marking the northwest corner of the herein described tract; THENCE WITH the southerly line of said Dowlen Green, Unit 1, the northerly line of said9.9406 acre WTL Development tract, and the northerly line of the herein described tract, South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E) for a distance of 351.95 feet (351.95') to a Amoco monument found marking the most easterly northeast corner of said 9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast corner of the herein described tract, said corner being in the westerly right-of-way line of Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35 seconds (14 051'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet (310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W); THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the westerly right-of-way line of Dowlen Road, and the easterly line of the herein described tract, along said curve to the left for an arc distance of 311.22 feet (311.22') to the PLACE OF BEGINNING. • CONTAINING IN AREA 2.7131 acres (118,183 sq. ft.) of land, more or less. IILF 471- JP: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to RM-H (Residential Multiple Family Dwelling- High Density) and GC- MD-2 with a specific use permit for a credit union (total of 9.9406 acres) Location: 2000 block of Dowlen Rcad SCALE Applicant: Carroll & Blackman, Inc. for WTL Development, Inc. P-200' A R. . _ •�� y ,ate' • � ''�.!Sim ,. _` -, -_ RS TO RI IX \\\\�� i 7.2275 ACRES \ _� TO /. \w\\IX\\\\\� SUBJECT GC-MD-2 (SUP)\\\\\\\ !.7131 ACRES Pea � •� r, •••�:'1'�i K,.`:i.. Ze. ... •�.�t/ _ ; Ott :�'. -!1 •i�r•-� .:� �* !} :•" .�: ti' fey•.r,P+ ,;•E tqY 23• .; `•S}.!_ 't:• + w - V•, •~• r.i j.7. w`�•y K- 5..�.." ..�•_ .� v .a i eT 'b.1!! S'�* •Yi �» N r_' :. ?iii ` .y. ,Y N LACE y �:. es• i�ELL�N p o es > _ - u'. �v'�`!!�."1�,.�a j..� • J , '100 J OO.y 100.1) _0 •" 01 - o Lo * J . a Z u.so Ad.so use ».re M 'l Y W r r • WINDSOR PA l AAU sit LL- J14 Y . � �Y �' • t e �++.cy -•ice► °• r r 2, •'� �' %:� ,..; a .► w• v ' ,s.. �•• _ r�.ii if SIT ..•� • i i ORDINANCE NO. • ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FEDERAL CREDIT UNION IN A GC- MD-2 (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING-2) DISTRICT LOCATED IN THE 2000 BLOCK OF DOWLEN ROAD, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Carroll & Blackman, Inc. For WTL Development, Inc. to allow a federal credit union in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located in the 2000 block of Dowlen Road, as described in Exhibits "A" and Exhibit "B" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the • hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a federal credit union in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located in the 2000 block of Dowlen Road, as described in Exhibits "A" and "B" attached hereto, is hereby granted to Carroll & Blackman, Inc. For WTL Development, Inc., its legal representatives, successors and assigns for that certain tract as described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes. Section 2. • That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "C" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - • LEGAL DESCRIPTION FOR ORDINANCE PURPOSES • TRACT 1 BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas. ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406 acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded under County Clerk's File No. 1999016905 of the Official Public Records of Real Property, Jefferson County, Texas, said tract being more fully bounded and described as follows: BEGINNING at a Amoco monument found marking the southeast corner of the herein described tract, said corner being: i) in the westerly line of Dowlen Road, a 100 foot (100') wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision, plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County, Texas; and iii) the most easterly southeast comer of the aforesaid 9.9406 acre tract; THENCE with the north he of Lots 20-22 of Dowlen Plaza and the south line of the herein described tract, South 86 degrees 30 minutes 57 seconds West (S 86'30'57" W)for a distance of 309.70 feet (309.70')to a point for corner in the north line of said Lot 20, Dowlen Plaza marking the southwest corner of the herein described tract; THENCE with the west line of the herein described tract, North 03 degrees 32 minutes 35 seconds East (N 03' 32'35" E) fora distance of 430.17 feet (430.17') to a point for corner in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the Condominium Records of Jefferson County, Texas, and also marking the northwest corner of the herein described tract; THENCE WITH the southerly line of said Dowlen Green, Unit 1, the northerly line of said9.9406 acre WTL Development tract, and the northerly line of the herein described tract, South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E) for a distance of 351.95 feet (351.95') to a Amoco monument found marking the most easterly northeast corner of said 9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast corner of the herein described tract, said corner being in the westerly right-of-way line of Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35 seconds (14°51'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet (310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W); THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the westerly right-of-way be of Dowlen Road, and the easterly line of the herein described tract, along said curve to the left for an arc distance of 311.22 feet (311.22') to the PLACE OF BEGINNING. CONTAINING IN AREA 2.7131 acres(118,183 sq. ft.) of land, more or less. EXHIBIT "A" FILE 471-ZIP: Request for a zone change from RS (Residential Single Family NORTH Dwelling)g) to RM-H (Residential Multiple Family Dwelling- High Density) and GC- MD-2 with a specific use permit for a credit union (total of 9.9406 acres) Location: 2000 block of Dowler. Road SCALE • Applicant: Carroll & Blackman, Inc. for WTL Development, Inc. 111-200' RM � H� R5 TO RM-ri K / \\0100M 7.2275 ACRES RS TO • /. S U BU ECT GC-MD-2 (SUP) 00,01011 2.7 13 I ACRES 1.� ` t •.yp,. ti:X100.i. _.Ipo'e' t'• .JlO ' •r)/�.*i ... .�. ,\���•. '7t+ l- �••..may. q�; ` i- <:.?' w w ••_ �s.:. z t ;,.:::' ,r- _ N PLACE it Ir lm. '��' . •l�;� �1a•.4. �'�,� •a Wit'4 ,�. ,,,�, �._ � „ ~ _0 IRXD R d' 0 2- w u.so Ju.so WINDSOR PARKWAY . . _ O 0 Aot a�tA its _ 3f•73 so UA J&AAT 1 L~ !7C JN t Ask FVTLW VRM mrrrvom 7.2275 ACRES FUTURE DEVELOPMENT I SCALE.. l - 50' s , EXHIBIT "C" Nor:s: 1) PROPOSED ZONING CHANGE FROM RS (CURRENT) TO GC-MD-2. 2) WATER. SAWTARY SEWER, TELEPHONE, ELECTRICAL ., POWER. ETC. ARE AVAILABLE ON OR ADJACENT TO a 3) THIS TRACT IS LOCATED IN ZONE a AN AREA OF MINIMAL FLOODING AS INDICATED ON THE 1992 'L <� ! ! FLOOD f RATE AMPS PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F.E MA) r i COMMUNITY-PANEL NO. 485457 0050 B. 4) LANDSCAPING, SIGN. AND LIGHTING REQUIREMENTS WILL i COMPLY WITH APPLICABLE ZONING ORDINANCE REGULATIONS. SITE DESIGN BY: r - ' BUILDING COMMITTEE, INC. ^ M SF 2r ac MILWAUKEE: WISCONSIN EUPLunr !`J1 Z FUTURE EXPANSION -Q ' i c` CONCEPTUAL PLAN o0 0 0000 - - - - J 2 TO ACCOMPANY SPECIFIC USE APPLICAUON X r, b 03 FOR -r IQ A 2.7131 ACRE TRACT MEMBER PARMG M SPC ` I , PROPOSED BRANCH OFFICE SITE lul I V FOR C1 'O• � -- p, ,� I BEA UMONT TELCO _ - - - - --- _ FEDERAL CREDIT UNION _ - • APPLICANT.-__ --------- --- -� e'SN S" _ _ ------ -°�' -- -- = wArrR 12• A"W WTL DEVELOPMENT, INC. P.O. BOX 7749 -; PROPOSO SVCWALX - --�� _ BEAUMONT, TEXAS ROAD OWLEN LT armfl& EXHIB/r PREPARED BY: C--u4vq EigKlnnesr&S"-v) rt lacl7l2[M 1360 Ah S&W LT POLL)( Tarr 77702-1305 rt ` rau,8l3 01 la-au.ixr �, DWG : J. PATTIE Cit y of Beaumont 11!2 Council Agenda Item A K g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a federal credit union. RECOMMENDATION The administration recommends approval of the zone change from RS to GC-MD-2 and a specific use permit to allow a federal credit union in the 2000 Block of Dowlen Road. BACKGROUND Bill Little, the applicant, wants to rezone 2.713 acres of property on Dowlen Road to GC-MD-2 and to receive a specific use permit to allow a federal credit union. Telco Federal Credit Union wants to construct a 5,000 sq. ft. building with plans for a future expansion. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 4-1 to approve the zone change and the specific use permit. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a specific use permit to allow a federal credit union. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES TRACT 1 BEING A DESCRIPTION of a 2.7131 acre (118,183 sq. ft.) tract of land out of the Hezekiah Williams League, Abstract No. 56 located in Beaumont, Jefferson County, Texas. ALL THAT CERTAIN tract or parcel of land being out and a part of that certain 9.9406 acre tract conveyed by Amoco Production Company to WTL Development, Inc. as recorded under County Clerk's File No. 1999016905 of the Official Public Records of Real Property, Jefferson County, Texas, said tract being more fully bounded and described as follows: BEGINNING at a Amoco monument found marking the southeast corner of the herein described tract, said corner being: i)in the westerly line of Dowlen Road, a 100 foot (100') wide street right-of-way; ii) the northeast corner of Lot 22 in Dowlen Plaza, a subdivision, plat of which appears in Volume 14, Page 225 of the Map Records of Jefferson County, Texas; and iii)the most easterly southeast corner of the aforesaid 9.9406 acre tract; THENCE with the north line of Lots 20-22 of Dowlen Plaza and the south line of the herein described tract, South 86 degrees 30 minutes 57 seconds West(S 86'30'57" W)for a distance of 309.70 feet(309.70')to a point for corner in the north line of said Lot 20,Dowlen Plaza marking the southwest corner of the herein described tract; THENCE with the west fine of the herein described tract, North 03 degrees 32 minutes 35 seconds East (N 03* 3235" E) fora distance of 430.17 feet (430.17')to a point for corner in the northerly line of said 9.9406 acre WTL Development tract, said corner being in the southerly line of Dowlen Green, Unit 1, plat of which appears in Volume 2, Page 180 of the Condominium Records of Jefferson County, Texas, and also marking the northwest corner of the herein described tract; THENCE WIM the southerly line of said Dowlen Green, Unit 1, the northerly line of said9.9406 acre WTL Development tract, and the northerly line of the herein described tract, South 72 degrees 40 minutes 25 seconds East (S 72° 40'25" E)for a distance of 351.95 feet (351.95') to a Amoco monument found marking the most easterly northeast corner of said 9.9406 acre tract, the southeast corner of said Dowlen Green, Unit 1, and the northeast corner of the herein described tract, said corner being in the westerly right-of-way line of Dowlen Road and a curve to the left having a central angle of 14 degrees 51 minutes 35 seconds (14°51'35"), a radius of 1,200.00 feet (1200.00'), and a long chord of 310.35 feet (310.35') which bears South 09 degrees 54 minutes 55 seconds West (S 09054'55" W); THENCE with the most easterly line of said 9.9406 acre WTL Development tract, the westerly right-of-way line of Dowlen Road, and the easterly line of the herein described tract, along said curve to the left for an arc distance of 311.22 feet (311.22)to the PLACE OF BEGINNING. CONTAINING IN AREA 2.7131 acres(118,183 sq. ft.) of land, more or less. FILE 1471-Z/P: Request for a zone change from RS (Residential Single Family NORTH Dwelling)to GC-MD-2 with a specific use permit for a credit union (total of 2.7131 acres) Location: 2000 block of Dowlen Road SCALE Applicant: Carroll & Blackman,Inc. for WTL Development, Inc. 1"=200' RM All- . i RS TO GC-MD-2 (SUP) 2.7131 ACRES SUBJECT .,.,47. ;�?_•.1G = '� '• •MQ St.'100_•14. ...100'.• .1lO n .7'r w +r�T� +,�'s•.J�+ ::ice �. �. , ,K � •.= t�s.Sr rtl• _, .,"�,. r'� •. ''.t' . _. : .-O N'PLACE ' - ea' a o� :ra r•. V-r ail ae•t�-� �t:,y. . �. �,. _-. - ..� ;� -;: it'd' � � :.'�E � I _ _ IN� li0.q 1N.I! Q •aC _ ,. '�' . -• r' - •t ate. at.ao • rise ia.a we .K.±_ ,p; ,: •� =t . :f � i � WINDSOR PARKWAY wit. O Y .� �Y Y� •f VC�II�pN �� / JAi4 a e 3*4 ti _ g Lc 1 JIJ 0— ff� nmh,E srrsEr rxax" 7.2275 ACRES �F=RE DEVELOPMENT SCALE: 1 50' Y r EXHIBIT "C" NOTEL ' T) PROPOSED ZONING 00INGE FROM ITS (CURRENT) i TO GC—AV-2. 2) WATER SWARY SEWER TELET'CV& ELECTRICAL / TO R SINE � ARE AVAM.ABLE ON OR AUJACE•NT f �A 3) TIMS TRACT 6 LOCATED IN ZONE Q AN AREA OF ' . MINIMAL FLOODING AS 110K,ATED ON THE 1992 1 ' FLOOD NSUR4NCE RATE MAPS PIRMIRED BY FEDER VAERGOVCY MANACEIEM AGENCY (F EML) 1 / COMARM Y—PANEL NO. 4&5437 0050 B. LA 4) VWAPMIGr SIGN. AND LIGMING ft"DENTS KL 1 COMPLY M'RN APPU0 4KE ZONMG OROINMICE 1 ' RECI1LATiO1VS. �r 1 1 ® SITE DESIGN W. 1� : ' I//(►►� BUILDING COMMITTEE, INC. rr 1 MENWME WISCONSIN BLDG '5000 Sf � � f]FLOYEF MAE EdVAISM CONCEPTUAL PLAN TO ACCOMPANY 0000 SPJXMC EW APPLiCAnON 1 H&H&H&H ' FOR A 2.7131 ACRE TRACT NOMM. ." VC ' PROPOSED BRANCH OFFICE Smi 1 � 4 . 1 I ' FOR BEA UMONT TELCO - - FEDERAL CREDIT UNION --------------- — e'swsm APPL►rANT -- ----_---- - ,o• -- --- -r�s,;:-'__ WTL DEVELOPMENT, INC.ANN — — — ► ?'""� P.O. BOX 7749 _ �— — reovosED MOM" — — — —_ BEAUMONT, TEXAS DOWaN ROAD `°'�a"` ' $ ►' - wmu& EXMW PREPARED BY: — — — — —— \ � c Ems•e4 sti.rfos kww�ns 1360 7;h Seca Lr P E 2C /tom Bemwrwfq rmr 77792-1305 r•oq u�o�re�u�-esu DWG BY: J. PATTIE 4 October 5, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District for property located southeast of Fannett Road and Brooks Road ORDINANCE N0. • ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) TO LI (LIGHT INDUSTRIAL) LOCATED SOUTHEAST OF FANNETT ROAD (SH 124) AND BROOKS ROAD, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) to LI (Light Industrial) located southeast of Fannett Road (SH 124) and Brooks Road, as shown on Exhibit "A" attached hereto, being Lots 59 and 60, Unit "D" Tyrrell Park Addition, Beaumont, Jefferson County, Texas, containing 7.8 acres of land, more or less, and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. • Section 3 • That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 — day of 1999. - Mayor - FILE 1464-7: Request for a zone change from RS (Residential Single Family NORTH Dwelling) to LI(Light Industrial). Location: Southeast of Fannett Road (SH 124) and Brooks Road. e Applicant: Norris E. Washington SCALE • N.T.S. s' • tt ." F� AS �v b 0 V UNDEVELOPED . X . Ott . � • f' � T • VACANT • ' q. P t O =SUBJECT . F A 'Q° CF '9�'�OJyO• PASTURE City of Beaumont � c Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District. RECOMMENDATION The administration recommends approval of the zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District. BACKGROUND Mr. Norris Washington, General Manager of Zamco Transport, wants to relocate his truck transportation company to the subject property on Fannett Road. The move would allow Mr. Washington to expand his business. This property was chosen due to its proximity to I-10. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the zone change. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to LI (Light Industrial) District. Fns 1464-7: Request for a zone change from RS(Residential Single Family NORTH Dwelling) to LI(Light Industrial). Location: Southeast of Fannett Road (SH 124)and Brooks Road. Applicant: Norris E. Washington SCALE N.T.S. F� A� Vv s r S O ` Ll OP Q- +.. �. 4 •y UNDEVELOPED i '• T • • � VACANT • +� . gyp- •t O SUBUJECT , ' - �� 00 0 • �o . F PASTURE J .0 UNIT D LEGAL DESCRIPTION FOR ORDINANCE PURPOSES 59 an 60 "D" Tyrrell Park Addition Beaumont Jefferson County,Lots d , Unit yrr y, , containing 7.8 acres, more or less. i 5 October 5, 1999 Consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District for property located in the South Amelia Addition ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF • THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO GC-MD (GENERAL COMMERCIAL-MULTIPLE FAMILY DWELLING) DISTRICT LOCATED AT NORTHWEST CORNER OF WALDEN ROAD AND MAJOR DRIVE IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of • Beaumont, referred to in Section 30-5B thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District located at northwest corner of Walden Road and Major Drive, being the remainder of Lots 17 and 18, and all of Lots 14, 15 and 16, Block 3, South Amelia Addition, Beaumont, Jefferson County, Texas, containing 1.26 acres of land, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumo^t is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 day of 1996. - Mayor - LI :•... FILE 1470-Z: Request for a zone change from RS (Residential Single Family NORTH Dwelling)to GC-MD (General Commercial-Multiple Family Dwelling) or a more A restrictive commercial district. Location: Northwest corner of Walden Road and Major Drive SCALE • Applicant: Sam Parigi,Jr. 1"-200' - � v s . it SUBJECT cr V : V 1 R r R S • . - R�S mob. -- 'M•s t I ; WALDEN ROAD w,n.. wt,,,;*;.-. AO r �r CORP. LIMITS S eon ; CORP. LIMITS _ El. i • u �. GC�MD- r= J City of Beaumont il 7LJ1J Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District. RECD N 1 N1ENDATION The administration recommends approval of the zone change from RS to GC-MD at the northwest corner of Major Drive and Walden Road. BACKGROUND The applicant wants to rezone five platted lots in the South Amelia Addition to GC-MD. The property is vacant. The Comprehensive Plan designates the intersection of Walden and Major as an "activity center". Zoning on the east side of Major Drive, north and south of Walden Road, is zoned GC-MD. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the zone change. SUBSEQUENT ACTION None RECOMMENDED BY iPlanning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change from RS (Residential Single Family Dwelling) District to GC-MD (General Commercial-Multiple Family Dwelling) District on the northwest corner of Walden Road and Major Drive. tn°di'�` i LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Remainder of Lots 17 and 18, and all of Lots 14, 15 and 16, Block 3, South Amelia Addition, Beaumont, Jefferson County, Texas, containing, 1.26 acres, more or less. FILE 1470-Z: Request for a zone change from RS(Residential Single Family NORTH Dwelling) to GC-MD (General Commercial- Multiple Family Dwelling) or a more A restrictive commercial district. Location: Northwest corner of Walden Road and Major Drive SCALE Applicant: Sam Parigi,Jr„ 1"=200' V a � Q • p SUBJECT o I 0 se 1 /N�•� R r 1 G�� A '� �R S �' y ��WALDEN ROAD c C��w.�.. 4 Nive, ALA C.0 AO a r CORP. UMMS S i CORP. UMMS i GC�MD w • u 6 October 5, 1999 Consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to C-M (Commercial-Manufacturing) District for property located at 5350 Walden Road ORDINANCE NO. • ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO C-M (COMMERCIAL-MANUFACTURING) DISTRICT LOCATED AT 5350 WALDEN ROAD IN BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular districts as indicated upon the Zoning Ma of the City of the boundaries of the zoning p 9 p Y Beaumont, referred to in Section 30-56 thereof, is hereby amended by changing the zoning of property presently zoned as RM-H (Residential Multiple Family Dwelling-Highest Density) District to C-M (Commercial-Manufacturing) District located at 5350 Walden Road, being Tax Tract No. 37, Plat B-19, S. Stivers Survey, Ab-51, Beaumont, Jefferson County, Texas, containing 4.2 acres of land, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 day of 1999. - Mayor - )RILE 1468-Z: Request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-High Density) to C-M (Commercial-Manufacturing),or a more restrictive commercial district. k Location: 5350 Walden Road SCALE i • 1"=200' Applicant: Mary M.Miller O • RESIDENCE « 7 JACK-IN-THE-BOX • C-M SUBJECT '"� CRACKER BARREL • r �b • Oq0 ~ w�cor�, ,►. 4 PETRO TRUCK STOP P • f� S YM-f 1•e►-� ♦�� � CV11 �1T t. I .. City of Beaumont s 7LJ1J Council Agenda Item A W TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to C-M (Commercial- Manufacturing) District. RECOMMENDATION The administration recommends approval of the zone change from RM-H (Residential Multiple Family Dwelling-Highest Density) District to C-M (Commercial-Manufacturing) District. BACKGROUND Mary Miller owns a 4.2 acre tract that she wants rezoned for future commercial development. The subject property is adjacent to the Cracker Barrel Restaurant and across Walden Road from the Petro Truck Stop. The Comprehensive Plan designates this area as an "industrial area". BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the zone change. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change from RM-H (Residential Multiple Family Dwelling- Highest Density) District to C-M (Commercial-Manufacturing) District. LEGAL DESCRIPTION FOR ORDINANCE PURPOSES Tax Tract No. 37,Plat B-19, S. Stivers Survey, Ab-51, Beaumont, Jefferson County, Texas, containing 4.2 acres, more or less. : FILE 1468-Z: Request for a zone change from RM-H(Residential Multiple Family NORTH Dwelling-High Density)to C-M (Commercial-Manufacturing),or a more restrictive - commercial district. SCALE Location: 5350 Walden Road 1„-200. L.Applicant: Mary M.Miller — i RESIDENCE Q• JACK-IN-THE-BOX \ • • � C_M SUBJECT CRACKER . BARREL • • �I • a� • r F� w ,q w. k �o r..-. PETRO TRUCK STOP ., N•M-• r k 7 October 5, 1999 Consider a request for a zone change from A-R(Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC- MD (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District for property located at the northwest corner of Dowlen Road and the proposed Delaware Extension ORDINANCE N0, ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL- RESIDENTIAL) DISTRICT AND RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT TO GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT, LOCATED AT THE NORTHWEST CORNER OF DOWLEN ROAD AND THE PROPOSED DELAWARE EXTENSION, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District located at the northwest corner of Dowlen Road and the proposed Delaware Extension, Beaumont, Jefferson County, Texas, as described in Exhibit "A" and attached hereto and made a part hereof for all purposes, and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property hereinabove described shall be • subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. Section 3. That if any section, subsection, sentence, clause of phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end, the various portions and provisions of this ordinance are declared to be severable. Section 4. That all ordinances or parts of ordinances in conflict herewith are repealed to the . extent of the conflict only. Section 5. 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 day of 1999. - Mayor - The map representing Exhibit A can be located in the City Clerk's office for Council's review. Exhibit A i City of Beaumont �• Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 29, 1999 REQUESTED ACTION: Council consider a request for a zone change from A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-MD (General Commercial-Multiple Family Dwelling) District and GC- MD-2 (General Commercial-Multiple Family Dwelling-2) District. RECOMME NDATION The administration recommends approval of the zone change from A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District to GC-INID (General Commercial-Multiple Family Dwelling) District and GC-MD-2 (General Commercial- Multiple Family Dwelling-2) District. BACKGROUND Sam Parigi represents a development group that wants to offer 40.54 acres of property at the northwest comer of Dowlen Road and the Delaware Extension for commercial development. The Comprehensive Plan designates this intersection as a district center. A typical district center would include neighborhood shopping centers, professional offices, recreational facilities, schools and libraries among other things. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the zone change of 15.7151 acres of land zoned AR to GC-MD-2 and the zone change of 24.8240 acres of land zoned AR and RM-H to GC-MD. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a zone change for 15.7151 acres of land zoned A-R (Agricultural- Residential) District to GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and a zone change for 24.8240 acres of land zoned A-R (Agricultural-Residential) District and RM-H (Residential Multiple Family Dwelling-Highest Density)District to GC-MD(General Commercial- Multiple Family Dwelling) District. - • ' .� 1L�(S-7 GC-MD Tract Legal Description: 24.8240 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 24.8240 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56, Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract" as conveyed by Treadaway Land Company et al. to Yount-Lee Oil Company as recorded in Volume 374, Page 113, Deed Records, Jefferson County, Texas, said 24.8240 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of that certain called 62.615 acre tract, identified as Parcel #5, as recorded in Judgement Deed Number D-105,161 as recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas. COMMENCING a 5/8" iron rod found for the Northeast corner of the tract herein described, said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being in the West right-of-way line of Dowlen Road (based on a width of 100 feet) and also being the most Northerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract 1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No. 96-9611718, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 01024'09" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 783.12 feet to the POINT OF BEGINNING of the tract herein described; THENCE SOUTH 01 024'09" EAST, continuing along and with the West right-of-way line of Dowlen Road, for a distance of 1033.79 feet; a '/z" iron rod found for corner, said corner being the intersection of the West right-of-way line Dowlen Road and the North right-of-way line of the proposed Delaware Street Extension as conveyed by Amoco Production Company to the City of Beaumont, as recorded in Film Code No. 103-61-566, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 43 053'10" WEST, along and with the North right-of-way line of the proposed Delaware Street Extension, for a distance of 70.53 feet to a 5/8" iron rod found for corner; THENCE SOUTH 88°51'41" WEST, continuing along and with the North right-of-way line 8 g of the proposed Delaware Street Extension (based on a width of 100 feet), for a distance of 1300.08 feet to a 5/8" iron rod with a cap set for corner, said corner also being the most 01 Southerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract 1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between I Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No. ' 96-9611718, Official Public Records of Real Property, Jefferson County, Texas; NARK W. WHITELEYAVD ASSOCIATES,INC. THENCE NORTH 01 023'48" WEST, along and with an East line of the said 65.1148 acre Tract 1, for a distance of 500.00 feet to a 5/8" iron rod with a cap set for corner, said corner being an interior ell corner of the said 65.1148 acre Tract 1; THENCE NORTH 88 051'41" EAST, along and with a South line of the said 65.1148 acre Tract 1, at a distance of 550.00 feet passing a 5/8" iron rod with a cap set for corner, said corner being an exterior ell corner of the said 65.1148 acre Tract 1 and continuing for a total distance of 650.00 feet to a point for corner, THENCE NORTH 0102348" WEST, parallel and 100 feet East of the East line of the said 65.1148 acre Tract 1, for a distance of 580.46 feet to a point for corner; THENCE NORTH 88 036'07" EAST, parallel to the South line of Block 2 of the said Barrington Heights, Phase L for a distance of 700.08 feet to the POINT OF BEGINNING and containing 24.8240 ACRES, more or less. I .NARK W. WHITELEF AND ASSOCIATES,INC. t GC-MD-2 Tract Legal Description. 15.7151 Acre Tract or Parcel of Land Hezekiah Williams Survey, Abstract No. 56 Jefferson County, Texas BEING a 15.7151 acre tract or parcel of land situated in the Hezekiah Williams Survey, Abstract No. 56,Jefferson County, Texas and being out of and part of that certain called 680.66 acre tract called "Second Tract"as conveyed by Treadaway Land Company et al. to Yount-Lee Oil Company as recorded in Volume 374, Page 113,Deed Records, Jefferson County, Texas, said 15.7151 acre tract being more particularly described as follows: NOTE: All bearings are based on the North line of that certain called 62.615 acre tract, identified as Parcel#5, as recorded in Judgement Deed Number D-105,161 as recorded in Volume 2214, Page 318, Deed Records, Jefferson County, Texas. BEGINNING at a 5/8" iron rod found for the Northeast corner of the tract herein described, said corner also being the Southeast corner of Barrington Heights, Phase I, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume 15, Page 348, Map Records, Jefferson County, Texas and also being in the West right-of-way line of Dowlen Road (based on a width of 100 feet) and also being the most Northerly Southeast corner of that certain called 65.1148 acre tract of land, identified as Tract 1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No. 96-9611718, Official Public Records of Real Property, Jefferson County, Texas; THENCE SOUTH 01 024'09" EAST, along and with the West right-of-way line of Dowlen Road, for a distance of 783.12 feet to a point for corner; THENCE SOUTH 88 036'07" WEST, parallel to the South line of Block 2 of the said Barrington Heights, Phase I, for a distance of 700.08 feet to a point for corner; THENCE SOUTH 01°23'48" EAST, parallel and 100 feet East of the East line of that certain called 65.1148 acre tract of land, identified as Tract 1, in a Memorandum of Agreement for Exchange of Lands, dated April 10, 1996, between Amoco Production Company and Talisman Development, Inc. as recorded in Clerk's File No. 96-9611718, Official Public Records of Real Property, Jefferson County, Texas for a distance of 580.46 feet; THENCE SOUTH 88°51'41" WEST, for a distance of 100.00 feet to a 5/8" iron rod with a cap set for corner, said corner being an exterior ell corner of the said 65.1148 acre Tract l; THENCE NORTH 0102348" WEST, along and with an East line of the said 65.1148 acre Tract 1 and the East line of Barrington Heights, Phase II, a subdivision of the City of Beaumont, Jefferson County, Texas, according to the map or plat thereof, recorded in Volume �I 16, Page 99, Map Records, Jefferson County, Texas, for a distance of 1363.13 feet to a 5/8" iron rod found for corner, said corner being the Northeast corner of the said Barrington I Heights, Phase 11 and in the South line of Block 2 of the said Barrington Heights, Phase I, and being an interior ell corner of the said 65.1148 acre Tract 1; MARK W. WIIITELF:YA.ti'D ASSOCIATES, INC. THENCE NORTH 88 036'07" EAST, along and with the South line of Block 2 of the said Barrington Heights, Phase I, and the most Northerly South line of the said 65.1148 acre Tract 1, for a distance of 800.00 feet to the POINT OF BEGINNING and containing 15.7151 ACRES, more or less. !MARK W. WHITELF.YAND ASSOCIATES, INC. J ..._._ •_. .. - - -•---' •tom.: :�--�;:: - _...�:.�__ T' -.�.__.... -_._..__...... ,-�..,, ;sl..__.'a -- -- - ---. _.. . --. FILE 1465-Z: Request for a zone change from A-R(Agricultural-Residential) and NORTH RM-H (Residential Multiple Family Dwelling-High Density) to GC-MD (General Commercial- Multiple Family Dwelling) or a more restrictive commercial zone. Location: Northwest corner of Dowlen Road and the proposed Delaware Extension SCALE Applicant: Sam C. Pari gi,Jr. N.T.S. a ' A R RM H Y.M.C.A. R-S IWO P , CHURCH ' P mQ� Q O 5 � Q: W - Z� ml O J� 1 H DELAWARE �- FUTURE DELAWARE C=MD COMMERCIAL 8 October 5, 1999 Consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District for property located at 1685 Park at Craig ORDINANCE NO. • ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT LOCATED AT 1685 PARK AT CRAIG, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Yvonne F. Como to allow a funeral home in an RCR (Residential Conservation Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 acres, more or less; as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the • hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a funeral home in an RCR (Residential Conservation Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jerse, Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Yvonne F. Como, her is • representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3 Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. S - Mayor - a' \ \ s01 .0 ♦ \. ..anti/ AV /�fi/ai �i► '1: FILE 1466-P: Request for a specific use permit to allow a funeral home in a RCR NORTH �. (Residential Conservation Revitalization) district. A ' Location: 1685 Park at Craig Applicant: Yvonne F. Como SCALE • P-200' / V, � Wt ,o At +vs e-/ 47 AdO OAS 7 3 J.i 2 R I ♦ v+ .�e B f $, ENTT o /� EWIETT !0 AYE • lCY:I•.,:MI M7.� rl ` MltM tCYK �-lww . - ----• 1--' .,:,... :F �::- — EMMETT AVE.—�*,--��ai�w .woww• 60 60 � !O AD n „ ' n • i ' ! III ; � b I N O N A ! f LANGHAM AVE. is .o D � $a is sr so ' ar .s w .r w I i � I I � - '� a rr •:a,,. • w 74 - /I tpt ,,,I s, ,l !I !4�G . �.. L ROYAL ST. �;• � – � �� ov W 0 re eo .,JT aQ W W Al NU N , W ` j •. Z a SUBJECT Z 14 'k. 40 Z t/o �✓ W• (000 CRAIG ST. n. r �+ fe. - .o ; ' L N CRAIG STREET II m odu ow o�T.■Y/ Oef6 Ml M . OOL 1x11 �R L!•A ' rr ■m 1 1 Oi s ACE ! 9 0=� -0' • f am LOW oo !Vt- 1 11' il' 23' N ® 5 1 � t 1 11 1 � s S AC` ! 9' 0'.4 '-0' � a' a` b • 2 SPACE ol M.�■la a i 16' i t7 1 1 PROPO¢ED PARKING LOT oll 1 1 1 1 O 1 P 9 AC ! 9[0-811-0. O ' a.a uar ■/1• SITE PLAN SrTE RAM CLEYDAND 0t-j FOR DlSION•YVO NE COW 1920 1M6!•Nbt A.�A4J110111 Ti7fAf (�) OJDt f D ugeCity of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow a funeral home at 1685 Park Street. BACKGROUND The subject property is the site of the old Carroll-Wallace Funeral Home. That facility relocated in 1996. In 1997, City Council approved a specific use permit for a church. The church has since moved. The applicant is requesting a waiver of the landscaping/screening requirements. The application is in compliance with the eight conditions necessary for approval of the permit subject to the waiver of the landscaping/screening requirements. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the specific use permit with a waiver of the landscaping/screening requirements and subject to the construction of the parking lot prior to the operation of the business. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION request for a specific use permit to allow a funeral home at 1685 Park subject to Approve/Deny a q P P a waiver of the landscaping/screening requirements and subject to the construction of the parking lot prior to the operation of the business. • 6 -.. •. . n \' FILE 1466-P: Request for a specific use permit to allow a funeral home in a RCR NORTH " 4 (Residential Conservation Revitalization) district. A& Location: 1685 Park at Craig Applicant: Yvonne F. Como SCALE 1"=200' / ..95 w j Ap — — � � • i ; �... \ \ ,. ,rr ars '.rs A"M .IO / ! 7. � Hsu► nv,s .. .��,�__.._ — —EMMETT AVE.--C!--3"ZWM sr as t .su 1 1 •. _ it! I tr a • 147 a I a I ,a ,t a •�" . ! t Js 1 4 J • j 2 / ,... r w JO t! rf IT I tI w w r0 b I ,I ,7 N A ! • J► 1 re s hANGHA AVV f, i .r LA GNA Ay,r ► ,I LANGHAM AVE. $ �� $ g J► u .O ec w)1 w dL 40 A' •.I. !I ! _ •h N Il II i III ;♦ it Its 1 I - L`70 f f 11I I! rr f, IIt i!1 !! ft Sr I q • N /r we s` •~ ROYAL ST. o / `• l 1/ rf �j ri I sa p rr N » rt 9 J I If , ` Q Jt 1, )- I W W I ! Z v Z Y Q �' • N "• O I Z W Z ` ' a SUBJECT N •' i r Z .S s• RAIG ,e ,.� Z /4 W t� (000 CRAIG ST. ` 4� Z IZ P 1 1 N CRAIG STREET oar.�aa oat..aa era m ur oar..a. oar.urt m aavrs m LOW ML O 3 ACE ! 9 0=4 -0' } 01 i �w m aauu 11' 11' 23' �• in ®w N 28' 1 i 3 S ACi 4 b. ` � c• um• N Lo. LW ll W 2 SPACE 9' X lo' , a u PROPOFED PARKING LOT ®W O 9 PAC4 ! 9-0-81-0, O • � oaa u�w 06 0 O arr w.WM SITE PLAN �nw I EII[/1/W ClJ`VONO COYO t A�lOCMTF3 FOR DE71Q1 t AAMII�'10 OONSULTATR YVCN l . ST. LW2 P � � TEA1 4001 w-0 u . TE%AE r�� • 9 October 5, 1999 Consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Phelan Boulevard at Shakespeare Drive ORDINANCE NO. • ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE PARK ON PROPERTY IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AND AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AT SHAKESPEARE DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Sam Parigi, Jr. to allow a business office park on property in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the northeast ccrner of Phelan Boulevard and Shakespeare Drive, the most easterly of the three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being known as Tax Tracts 85, 86-A and 178, Plat SP-6, C. Williams Survey, Ab-59, Beaumont, Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit "A", attached hereto in; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. • That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a business office park on property in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the northeast corner of Phelan Boulevard and Shakespeare Drive, the most easterly of the three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being known as Tax Tracts 85, 86-A and 178, Plat SP-6, C. Williams Survey, Ab-59, Beaumont, Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit "A", attached hereto in, is hereby granted to Sam Parigi, Jr., his legal representatives, • successors and assigns for that certain tract shown on Exhibit " g t A attached hereto and made a part hereof for all purposes, subject to the above conditions. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - so �' FILE 1469-P: Request for a specific use permit to allow a business park on property NORTH I`• ZFt zoned GC-MD-2 (General Commercial- Multiple Family Dwelling- 2) and RM-H (Residential Multiple Family Dwelling-High Density). S , Location: Phelan Blvd. at Shakespeare Drive SCALE • Applicant: Sam Parigi, Jr. P=200' t� of 90 !O 1 % % LEXINGTON DRIVE ; .• y ® ' a • ^t ' N a RM� tao no j. art 0t, • r "2 1CfL7 13f- PR 77oV,4N,,o so i•cr ersr RD Y6 ., PRUTZMAN ROAD 671 �� -• � oz � oo .. VC � Se. J E� ti o° „ t��k3 z"`t"��K��+�.xyd`...t I� ►a..0► ...� _ W cr cr a. Q •.\ Tl M 3 �:t O SUBJECT '''` , P 3 , u N , 7 pHELA BLVD �'• o r - - G C M D a Iii-lam-t r►I Z h d-Gntj - Admk� a ��64' IrlrlIS114] �� oe.nuU Nv7310 �ira01a0]nl a Y I I ,• �n T � tr S74LHa •aarn u n � r I � I v _ g O :►� di° � t U4 I Flu 1 —..41 h �- Srh, f yrO �� 'G1 U?U.n��f �jy •U,O=Cj' f'7lbl H 1 xpt v•OXiinaitl r'xLL 0.O'O9b �nre►�fcnvt C,o°d.-. a . ►sip lva Off, - ,..t.rr,.�..n.sS�TGHnrrnZt�GY •OSC•�sr�4f•r,o� tirwt on,NaV� n j � � I� •Q n'OTO'AOW!!i.-OOI2l o4 W%f •�c.' r 3 � ( 1 9,1op . 1 - rr.n•r„f.�r t� � I i •_ T.2) v �+ OVOAI nvw�l»d Cit of Beaumont ...... y W Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow three one-story business office buildings at the northeast corner of Phelan Boulevard and Shakespeare Drive. BACKGROUND Three one-story office buildings are planned for the subject property. The three buildings will contain a total of 21,300 sq. ft. of office space. This application is in compliance with the eight conditions necessary for approval. BUDGETARY INIPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the specific use permit. SUBSEQUENT ACTION None RECOMMENDED BY Planing Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a business office park on the northeast corner of Phelan Boulevard and Shakespeare Drive. O' s, 4 V � �• �� � �` w. � I f I , � • � ! � 1f1'-+`�\�l t .��� ��t...Y w� FELE 469-P: Request for a specific use permit to allow a business park on property NORTH / zoned GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and RM-H - ,�° (Residential Multiple Family Dwelling-High Density). ti Location: Phelan Blvd. at Shakespeare Drive SCALE � Applicant: Sam Parigi, Jr. 1"-200' • {;'1'� �V �q!\ 1� w' .. f i Jv r I! � ti /1 �, N T� r11 \ lb 1 90 MI ltilj� S I, S p =O1-'-'--� ` ;LEXINGTON DRIV T .7:,. •� � s. , ���� •, RIB ,r .� :.. ` .\ �� i• + z a-JIB . , . n •7 „ J 'r R M-�� A0 1Lf L7 gat Al9 �9'AN.,, so iscr r..,r RD PRUTZMAN ROAD 6700 o° Uj JIM AN-SOD. 195-1 Fr W m ate , Ilk �,�... ►. a. Ar 5 z O MY W G of V LPG SUBJECT X e l �JM _ ,^ ELJ`�l BLY O• w �i ti• r z _ C -MD Dm-s-e u O 3 ff�ll-. 43 7Q AZ=ma a mom 00 - 14 - ave o C�Ozv S?.'&J- we oz 0•C, 02ty .,r ao-c1d)9b 9nlav'XOrv77 ga ,+z -moo 11 tz 10 October 5, 1999 Consider an appeal of a decision by the Historic Landmark Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks Historic District at 2425 Angelina M City of Beaumont •�• Council Agenda Item ,. = . . � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council consider an appeal of a decision by the Historic Landmark Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks Historic District at 2.125 Angelina. RECOMMENDATION The administration recommends denial of the appeal for a chain link fence in the front yard. BACKGROUND Rhonda McMullen, the property owner, requested a certificate of appropriateness to allow a four foot high chain link fence in the front yard of her residence at 2425 Angelina. The fence was built without a certificate of appropriateness. Sec. 30-21.2 of the Zoning Ordinance states that chain link fences are permitted only in back yards and must not be visible from abutting streets. The ordinance does allow for exceptions to the regulations when the applicant establishes that the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property. Sec. 30-21.2 also states that a decision of the Historic Landmark Commission may be appealed to the City Council. BUDGETARY IMPACT None PREVIOUS ACTION At the September 13, 1999 Regular Meeting, the Historic Landmark Commission voted 6-2 to deny the certificate of appropriateness for the 4 foot high chain link fence in the front yard at 2425 Angelina. 0 SUBSEQUENT ACTION None III RECOMMENDED BY Historic Landmark Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a four foot high chain link fence in the front yard at 2425 Angelina. k I =s • s e « • � • s K N • t_ s I so so .3o 2sa' L so I WO ,Q s �• • • • a 1 z aat Lam re= _ 1 a s s ♦ f N 11 t A11 cu so so so so t 2o0 10 so SUBJECT A so so >o so so su so so I I Oe a 1 = S• • • • ' 1 • • • a • 1 2 Y • • • a a 1 0, • • • • 14 15 16 19 20 s X_ 3 - w • a 0 0 0 t M 17 1• IT • f N M t = = t • If M 11 t i 1 • f N 11 ■ S • f, N 11 • I 1lusac . so >o so so so so so so - w .. !0„ so so Ir Do - !G so so so • a 1 1 c2l AM � L-U." rr ws o: �s,;: •o L so �L v • LI - p av IV +n. •r. `..sad �yI �� .. i Yom. lip low.M1 4www• ' i CITY OFOEAUMONT - DIVISION -- -- RECElV�a - S EP 2 1 1999 -------- cx zo Syr/.-C ..Ln f .�-u�u.�---__ -� -� ---�-- -Diu------ -- -- -- - ----------- -kA- � r /��Ctv 2 + I t 4- 2ep v3 P 14 00 ae 3 - a / { CIO Z ; to Ro n'n s><��v(p 9rr-n+','54 . f7r17 I �°mac... ..�...�'.•�v�'+k�'�'t"+.,,s-�?��.C� ti.��C�"��`'��1.: .. .,,rm. �(.r;,:.:. '� .. - - - a � cad acv . CL 1',�►.� owe, l9k� Cay OF SE MORT A U K X 1 1 39 -X- 100 -- �� B� AS o� -- Au� 3 1 1999 CZ/- ---- CiTY OF BEAUMONT --- - . --- - -- ---- --- - PLANNING DIVISION - - AUG- ----- cr PLANNING DIVISION RECEIVED A U C 3 1 1999 -�- S. —1- �- Ski cl� big s moo � ou�.Lc1 / J i 1 op #, "47 t����3 , �� i.+�"Y��' i1�`"__��]� .Yw' '� 2'�'_^„1,��. ."FC.X�.•' �•�$ �}•4.1. � �,��asZ�'_•� �S `j'�;�i � .,. �':fl��/��y yi• tiff E F t •- � �l � f d ���� �'toss ��-� S�'-e GJb(� G a L — T/-P) 1,tV An cot, �v/ LYlc7 Ll / C.h',y Ile� D�wmONT • - ..� m AtaNINCi nMSION RECEIVE i I1d r� h �•r n NOISWQ JNIN ulu"I Iva 40 Aw PEN MOPE S. Bu L ER, M.S., LP.C. Child, Adolescent, Adult and Family Counseling 3560 Delaware,Suite 301 Beaumont,Texas 77706 Telephone: (409)899-3355 Fax: (409)899-4729 August 19, 1999 To whom it may concern: Please be advi.-AA that Jacob BCrtrdncthas beery tinder my are and receiving counseling from Penelope S. Butler,incx June 1998.Jacob has berm.diagnosed with ADHD and is highly impulsive. He ha,.-xmcious et notional problem-,and very poor judgeament. Jacob's intellectual iirnctioning is low and as a nx-hilt he.tcncls to be accident prone. It is our opinion that Jacob nerds boundaries;in order to maintain his safety. Pleasc`contact our of if you have further qiu---ions. Sincerely, Dr. Kanneganti,MDPA J f Penelope S. Butler i v7,0 7 2'ElIkuIm0N ?��',fdNIING DIVISION ��•aid d�. AU(; 1 -: � 11 October 5, 1999 Consider an ordinance repealing Article III of Chapter 29 of the Code of Ordinances and enacting new taxicab regulations City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council to consider an ordinance repealing Article III of Chapter 29 of the Code of Ordinances and enacting new taxicab regulations RECOMMENDATION The administration recommends the approval of an ordinance amending Chapter 29 of the code of Ordinances to enact new taxicab regulations. BACKGROUND The Council previously amended the taxicab ordinance to remove the requirement for a hearing to determine the public convenience and necessity of new taxicab permits. Since that time, both the Police and City Clerk's office have requested other changes to the ordinance to make its administration more efficient and effective for both the applicants and city departments involved. Specifically, the police have requested that the administration of the issuance of the taxicab permits and driver's licenses for taxicab operators be centralized in the Police Department. The City Clerk agrees that such functions as providing the application form and providing various notices to the applicant should all be handled by the Police Department. In addition, there is no reason to continue the process of publishing a notice of the application in the newspaper. This will result in a small cost saving for the City. BUDGETARY IMPACT Taxicabs presently pay 1'/2% of gross receipts as a fee for the use of the city street in a commercial venture. That fee will not change. The budgetary impact would be limited to savings associated with not having to publish newspaper notices. Council Agenda Item Page 2 September 28, 1999 PREVIOUS ACTION On September 7, 1999, Council amended this ordinance to remove the requirement for a public hearing. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, City Attorney, Police Chief and City Clerk RECOMMENDED MOTION Approve/Deny an ordinance amending Chapter 29 of the Code of Ordinances to amend taxicab regulations. G:\LE\CAROL\OFFICE\COU'IIMTG\TAXICAB.WPD ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE III REGULATING TAXICABS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, Council desires to enact amended taxicab regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Article III of Chapter 29 be and the same is hereby repealed and a new Article III regulating taxicabs is enacted to read as foliows: ARTICLE III. TAXICABS. Sec. 29-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Chief of Police: Shall be the duly appointed Chief of the Beaumont Police Department or his designee. Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the City in search of, or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. 10 Driver, chauffeur.'Any person in actual charge of the operation of a taxicab, whether owner, or agent, servant or employee of the owner. as g License to operate: Authority granted by the City authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator: Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets of the City, whether as owner or otherwise, except "driver" as herein defined. Subterminal:Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi terminal or taxi stand, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. Taxicab: An automobile or motor-propelled vehicle used for transportation of passengers for hire over the public streets of the City, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the City limits, at rates for distance traveled, or for waiting time, or for both, or at rates per hour, per week or per month, which such vehicle is routed to destinations under the direction of the passenger; provided, however, the term "taxicab" shall not apply to motor buses operated within the City under a franchise from the City, over a fixed definite route, nor shall such term apply to motor buses regularly operated in the City along fixed routes to and from points outside the City, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the Interstate Commerce Commission. Taximeter:A machine adapted to automatically calculate, at a predetermined rate or rates and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal: The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the City, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall b e made against a passenger for any time lost on account of any other delay whatsoever. Sec. 29-41. Permit--Required; contents of application. (a) It shall be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over any street in the City, unless and until a permit therefor has been issued by the City. (b) No permit certificate shall be issued by the City until the owner or person in charge or control of such taxicab shall make application in writing to the City for such permit, on blanks to be furnished by the Chief of Police, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor vehicle to be used as a taxicab, the cubic inch displacement of the engine, the VIN number and license plate number thereof, the seating capacity, according to its trade rating, the owner thereof, and such other relevant information as may be deemed advisable and necessary by the City. (c) Such application shall be signed and sworn to by the applicant. (d) If the applicant for a permit is a corporation, such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their addresses, its correct corporate name and a "Certificate of Good Standing" issued by the state agency which issued the corporation charter; if the applicant for a permit is a partnership or association, such application shall be made by some duly authorized officer or agent, of the partnership or association, and shall give the trade name, or partnership name or association name of the partnership or association, together with the names and addresses of the partners. Sec. 29-42. Same--Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (a) If the Chief of Police finds from investigation or hearing that such application shall be denied, the Chief of Police shall immediately give notice to the applicant of such action. (b) It shall be unlawful for the owner of any taxicab to operate the same where a permit has not been issued therefor under the provisions of this article, and a violation of this section shall be sufficient reason to revoke the permit of such owner or operator with respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or over the streets of the City has been granted, in accordance with this article, it shall be the duty of the Chief of Police to issue a permit therefor to such applicant. (c) All permits issued hereunder shall commence January 1 of each year and expire December 31 of such year. (d) Each permit issued hereunder may be renewed from year to year by the holder of such permit provided same has not been canceled by the City for any violation under this article. (e) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable. Sec. 29-43. Same--Fees; based on gross receipts; payment dates. Any person operating any taxicab under a permit granted to it by the City shall pay, at the office of the City Treasurer, in lawful money of the United States, one and one-half (1 '/2) per cent of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which remittance shall be made monthly on or before the fifteenth day of each calendar month for the preceding calendar month. The compensation provided for in this section shall be in lieu of any other fees or charges imposed by any other ordinance now in effect and such charge is made in accordance with Texas Transportation Code, Article 502.003 (or succeeding statute), and such one and one-half(1 '/2) per cent gross receipts permit fee is made in lieu of a street rental charge, but such charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property used in the taxicab business. Sec. 29-44. Same--Statement of receipts; bookkeeping; failure to file statement or pay fee. It shall be the duty of each permit holder to file a sworn statement showing the receipts for the month with the Chief of Police and the City Treasurer within fifteen (15) days after the end of each month. The permit holder shall be required to install and adequately maintain a system of bookkeeping which is subject to the approval of the finance officer of the City, which books shall be subject to inspection of such person as the City Manager may designate, to verify the accuracy of amounts that may be due the City. Any neglect, omission or refusal by the permit holder to file such verified statement or to pay the required percentage of the gross receipts at the time and in the manner herein provided shall act as a forfeiture of such permit. Sec. 29-45. Same--Cancellation unless taxicab operated for twenty days of each month. Every permit held under the provisions of this article by the owner or operator of a taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the provisions of this article on at least twenty (20) days out of each calendar month. Sec. 29-46. Withdrawing and substituting taxicabs. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the Chief of Police and securing approval thereof. Such approval shall be based upon the Chief of Police having a complete record of such substitution and being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the Chief of Police to approve said application, the applicant may within ten (10) days thereafter, appeal in writing to the City Manager (or his designee). Sec. 29-47. Insurance. Before any permit shall be granted or renewed under this article, the operator shall obtain and file with the Chief of Police a public liability insurance policy in the standard Texas form covering each automobile to be operated by such operator of a taxicab with minimum amounts of liability coverage thereunder as required pursuant to Texas Transportation Code, Article 601.072 (or succeeding statute). Such insurance policy shall be issued by a casualty insurance company authorized to do business in the state, with an agent within the City, and shall be for the protection of any member of the public who might be injured or whose property might be damaged by the operation of such taxicab. Such policy shall be maintained in full force and effect by the operator of taxicabs covering each taxicab licensed by a permit under this article. A copy of such insurance or a certificate evidencing such insurance shall be provided to the Chief of Police. Sec. 29-48. Ad valorem taxes--Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the City to pay all ad valorem taxes assessed by the City against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a revocation of the permit issued in accordance with this article. Sec. 29-49. Same--Operation without payment unlawful. persons No owner or operator of taxicab shall engage in the transportation of p sons by taxicab at any time within the City when the ad valorem taxes assessed against his taxi terminals, stands, taxicabs or taxicab equipment, is delinquent. Sec. 29-50. Condition of vehicle; inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the City it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the Chief of Police or by any competent mechanic that the Chief of Police might designate. (c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is reinspected and found that it is in a safe condition by the Chief of Police or such mechanic, who shall paste a paper seal of a type and design approved by the Chief of Police upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the City without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the Chief of Police, or mechanic designated by the Chief of Police, be operated over the streets of the City. (f) Nothing herein, however, shall prevent the City from inspecting any taxicab at any time and if the City, through its agents or employees, should find that it is in a defective condition, the Chief of Police shall order the use of such taxicab discontinued until the same is approved. Sec. 29-51. Chauffeur's license. (a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the City, without having secured a chauffeur's license duly issued to such person by the Chief of Police. (b) Each applicant for a chauffeur's license shall be a citizen of the United States, at least eighteen (18) years of age prior to the filing of his application for a chauffeur's license. (c) Any person desiring to drive or act as chauffeur of a taxicab in the City shall file application for a chauffeur's license with the Chief of Police at the police station on application forms to be furnished by the Chief of Police. Such forms shall provide for the applicant's name, age, present address, last place of employment, whether the applicant has been convicted of a violation of a motor vehicle traffic or criminal law of the City or the state, with a space sufficient for particulars concerning such violation, if any, and the length of time the applicant has driven a motor vehicle. (d) After filling in the above described form, the applicant shall sign same and shall swear to the truthfulness of the answers made in such application before a notary public. After such application has been duly sworn to, the applicant shall present such application to the Chief of Police at the police station, together with an affidavit from two (2) reputable citizens of the City, stating the applicant to be a trustworthy, sober and reliable person, of good moral character, and that such applicant is competent to operate a taxicab, and such application shall also be accompanied by a certificate from a reputable physician of the City, showing that such applicant, has no ailment which would prevent such applicant from safely operating a taxicab. (e) Upon receipt of any application for a chauffeur's license, the Chief of Police shall satisfy himself that such applicant is qualified to operate a taxicab in the City. After the Chief of Police has examined the application and affidavits and doctor's certificate accompanying the application and has investigated the applicant for his ability to properly operate a taxicab within the City; he shall either grant such application or refuse same. If the Chief of Police refuses any application, he shall notify the applicant either personally or at the last address given in such application. The applicant may appeal from the decision of the Chief of Police by giving notice in writing to the City Manager (or his designee) within ten (10) days after notification. In the event such applicant appeals to the City Manager (or his designee) for a license, the City Manager (or his designee) shall notify the applicant of the date the hearing on his application will be heard, and shall hear the appeal of such applicant for a chauffeur's license. r,`:er receiving the evidence in connection therewith, the City Manager (or his designee) shall either refuse or approve such application. In the event the City Manager (or his designee) approves the application, the City Manager (or his designee) shall order the Chief of Police to issue a license to such applicant. (f) If the application of a person is granted either by the Chief of Police or by the City Manager (or his designee), the Chief of Police shall immediately notify such applicant by letter addressed to such applicant at the last address shown on the application. Within three (3) business days after the postmark date of such letter, the applicant shall furnish the Chief of Police two (2) recent, true photographs of such applicant, such photographs to be not less than one and one-half (1 '/z) inches by one and one-half (1 '/2) inches, nor greater than two (2) inches by two (2) inches, in size, one of which photographs shall be retained by the Chief of Police with the application, affidavits, doctor's certificate and any other information on file, to be kept by the Chief of Police as a permanent record. The other picture shall be firmly affixed to the license to be issued to the applicant. The license issued to such person shall be numbered, shall state the year for which such license is issued. Such license shall further state the name, address, age, height, weight and color of eyes and hair, and state that the party named on such license, whose picture is shown on the face thereof, is a duly licensed driver of a motor vehicle in the City, and such license shall further provide a space for the signature of the licensee, which signature shall be affixed on the license in the presence of the Chief of Police at the time such license is delivered to the licensee. All licenses shall be signed by the Chief of Police. (g) License shall be kept by the licensee under a celluloid cover, while such licensee is driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in such vehicle. (h) It shall be a violation of this section for any person holding a chauffeur's license hereunder to fail to have same displayed in the manner stated in subsection (g) at all times in the motor vehicle which he is driving and of which he is acting as chauffeur. (i) All licenses issued by the Chief of Police under this section shall expire on the thirty-first day of December of the year in which same are issued. It shall be a violation of this section to drive a taxicab with a chauffeur's license displayed which has expired. iji) Any chauffeur's license issued by the City under the terms of this section may be either revoked or suspended b the Chief of Police for a violation of the ordinances P Y of the City or the traffic laws of the state by the holder of such license, and such license may also be revoked or suspended if the holder thereof is negligent or careless in the operation of a taxicab. Upon revoking or suspending any license the Chief of Police shall notify in writing the licensee whose license is revoked or suspended, and the Chief of Police shall immediately take up such license so revoked or suspended. Within ten (10) days after revocation or suspension of the license, the party vi,hose license had been revoked or suspended may appeal to the City Manager (or his designee) for reinstatement. The City Manager (or his designee) shall give the party so appealing a hearing, and after a hearing, shall either sustain or reverse the action of the Chief of Police in revoking or suspending such license. If the action of the Chief of police is sustained by the City Manager (or his designee), the revocation or suspension of such license shall stand. If the action of the Chief of Police is reversed, the license shall be returned to such licensee immediately (k) It shall be a violation of this section for any person to employ or permit a person to drive a taxicab owned by such person, who does not have a valid chauffeur's license issued by the Chief of Police for the current year, and such owner of such a vehicle shall require such driver to produce a chauffeur's license issued by the City for the current year. Upon employing a driver for a taxicab the person owning such vehicle or the agent thereof so employing, shall immediately notify the Chief of Police of the name of such driver and the license number of the license which such driver holds. If a driver of a taxicab is discharged or otherwise leaves the employ of the person owning such vehicle, such person shall immediately notify in writing the Chief of Police of any dismissal. Upon receipt of such a notice, the Chief of °olice shall investigate the reasons for such dismissal, and after completing such investigation may, if he deems it advisable, revoke or suspend the license of the driver so dismissed. Such licensee may appeal from the action of the Chief of Police to the City Manager (or his designee) who shall either sustain or reverse the action of the Chief of Police. (1) It shall be a violation of this section for any person owning one or more taxicabs to keep in his employment for the driving of such vehicle any person whose license issued by the City has been either revoked or suspended. (m) A licensee may renew his license upon expiration thereof by filing with the Chief of Police an application for renewal upon forms to be furnished by the Chief of Police, and shall furnish two (2) recent photographs of himself of the dimensions heretofore set out in subsection (f), and shall furnish a certificate from a physician of the City showing that he is physically capable to safely operate a motor vehicle for hire. (n) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the City. Sec. 29-52. Rates and fares--Amounts; regulations. (a) Authority to fix. The City Council shall have the right to change or establish the rates and fares to be charged by taxicabs in the City at any time it deems necessary. (b) Schedule. Unless otherwise changed by the City Council, the following taxicab rates and fares shall be effective in the City: (1) The rate or fare of either one or two (2) passengers shall be two dollars ($2.00) for the first one-tenth (1/10) mile or fraction thereof and ten cents ($0.10) for each one-tenth (1/10) mile or fraction thereof traveled thereafter. The rate for additional passengers shall be one dollar ($1.00) per passenger, not to exceed the vehicle's maximum seating capacity, according to trade rating. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be twenty-five cents ($0.25). (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour. For each quarter hour in excess of each completed hour, the rate shall be three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is so engaged. (c) Posting.There shall be posted, in a conspicuous place in a frame with a transparent cover, on the inside of each taxicab, a card showing the rates herein prescribed; such card shall be posted in a place easily discovered and read by any passenger riding in such taxicab. Sec. 29-53. Same--Refusal of passenger to pay. It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. Sec. 29-54. Taximeters--Required. All holders of permits for taxicabs operating upon the streets in the City shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates hereinabove established in this article, and such taximeters shall be subject to inspection at any time by the City or its employees. Sec. 29-55. Same--To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the City an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels, depots and other places shall be designated by the director of traffic and transportation or other designated official. (b) When any taxicab is at any public carrier depot within the City it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depot or go upon the sidewalk or private property of any railroad company, air field or bus station for the purpose of soliciting the transportation of any passenger arriving on the trains, buses or airplanes at the depot. (c) The drivers of taxicabs using subterminals shall remain seated in their vehicles at all times while such vehicle is at a public stand; provided, however, such drivers may leave their vehicles when actually necessary to assist passengers to enter or leave same, or in any case of accident, necessity or emergency beyond the control of such driver. (d) The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of transportation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the taxi stand shall be reflected in an application to the Chief of Police. The equipment, site and place of a terminal must be found by the director of traffic and transportation or other designated official to best meet public convenience and necessity prior to an authorization to a permit holder to operate such terminal. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any off-street terminal shall be considered as having an established prima facie case thereon, upon its appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such off- street terminal now being operated in the commercial areas of the City. Sec. 29-57. Signs; numbering; lettering. Every taxicab shall have printed on each side and in the rear of such taxicab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. All of the lettering mentioned in this section shall not be less than two and one-half (2 '/2) inches in height and not less than five-sixteenths of an inch in stroke and such paint shall be either enamel or oil paint that will weather the elements, and shall be kept legible at all times. Sec. 23-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more than six (6) persons to ride in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Sec. 29-59. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional picked u to ride in a taxicab on the same trip. passengers shall be p p or permitted p. Sec. 29-60. Maximum driving hours. It shall be unlawful for the driver of any taxicab to be in charge of the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be or, continuous duty, as a driver, for a greater period than twelve (12) hours. Sec. 29-61. Cruising. No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed or to the nearest stand; or if dispatched by radio, it shall proceed at once by the most direct route to the place directed b., the radio dispatcher. Sec. 29-62. Soliciting patrons--By calling out to any person. It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," ''baggage," or ''hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the City. Sec. 29-63. Same--By driver. It shall be unlawful for any d, ver or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any taxicab over, through, or on, any public street or public place of the City, or while same is parked on any public street or alley of the City, or to repeatedly or persistently drive any taxicab through, over, or on, any public street or place response to calls b patrons for such taxicab or while actually of the City, except in resp y p ally transporting passengers therein. Sec. 29-64. Property left in cabs. All drivers of taxicabs shall promptly deliver to the police department all property left in such vehicles by passengers. When articles left in taxicabs have been delivered to the office of the Chief of Police, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - 12 October 5, 1999 Consider an ordinance requiring Entergy/Gulf States to book and suspense revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative ti 7LJ71J City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: September 28, 1999 AGENDA MEMO DATE: September 21, 1999 REQUESTED ACTION: Ordinance requiring Entergy/Gulf States to book and suspense revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative RECOMMENDATION Because Entergy/Gulf States (EGS) believes that it may sell 30% of the power from River Bend as if it were unregulated, the Steering Committee of cities that oversee electric maters for EGS recommends that cities pass an ordinance requiring EGS to book those revenues so they can be held in a suspense account pending a regulatory determination of their disposition. The PUC has agreed to address this question at a later date. The administration agrees with the Steering Committee and recommends that the ordinance attached to this request be adopted by the City Council. BACKGROUND On September 8, 1999, EGS filed its third fuel surcharge case since 1978. Those filings were as follows: 1. In December, 1998, the PUC approved a fuel surcharge of One-Hundred and Twelve- Million ($112,000,000) Dollars without any inquiry to the reasonableness of the amount under a law that allows such a surcharge every six months. The cost associated with the $112,000,000 covered the period July 1, 1996 through June 30, 1998. These costs are being collected on bills at this time. 2. They filed a reconciliation case this year which was designed to determine the reasonableness of the $112,000,000 surcharge obtained in the December, 1998 filing. However, EGS is asking for an additional Thirty-Million ($30,000,000) Dollars in this reconciliation case. That request covers the period July 1, 1996 to February 28, 1999. 3. The third case filed September 8th of this year seeks an additional Thirty-Four ($34,000,000) Dollars surcharge, once again without any determination of whether the amount is accurate or not. These "pancake" filings are troublesome because this third filing includes the period of electric curtailment which occurred on July 23, 1999. For example, on that day, Entergy was forced to pay up to Twenty-five Hundred ($2,500) Dollars per megawatt hour to purchase power (compared to a cost on their system to produce such power of Twenty-five to Thirty ($25 to $30) Dollars per megawatt hour). On that same day, EGS was selling Two- Hundred Eighty-one (281) megawatts of power from its River Bend Nuclear Plant off system. This is an approximate 30% share of that plant which Gulf States obtained when Cajun Electric Co-Operative was declared a bankrupt. EGS in a unilateral decision treated that power as completely unregulated and decided to keep revenues from the sales of such power for its shareholders even though they were required to curtail power throughout their system and purchase power at an exorbitant rate. Had that power been used in the EGS integrated system, obviously some outages could have been avoided and expensive purchases could have been curtailed. All of these additional costs are being requested for recovery in the pending fuel cases. Through the law firm of Butler, Porter, Gay and Day who represents the coalition of cities (the Steering Committee) in the Entergy service area, we are monitoring and participating in these fuel cases. BUDGETARY IMPACT Any success in these cases will lower electric costs for the city. An exact reduction cannot be determined at this time. PREVIOUS ACTION Council authorized intervention in the fuel cases in 1998. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney RECOMMENDED MOTIOti Approve/Deny an ordinance requiring EGS to book and suspense revenues related to that portion of the River Bend Plant which is associated with the bankruptcy of Cajun Electric Co-Operative. G:caro1\entergsu\entcomem ORDINANCE NO. AN ORDINANCE REQUIRING ENTERGY GULF STATES TO BOOK AND HOLD REVENUES FROM THE SALE OF POWER FROM THE RIVER BEND NUCLEAR STATION ATTRIBUTABLE TO THE 281 MW ACQUIRED FROM CAJUN ELECTRIC COOPERATIVE IN A SUSPENSE ACCOUNT PENDING FINAL DETERMINATION OF THE REGULATORY TREATMENT OF THAT PORTION OF RIVER BEND. WHEREAS, the City of Beaumont, Texas is a regulatory authority under Tex. Util. Code §33.001, and has original jurisdiction over the rates, operations, and services of Entergy Gulf States, Inc. (EGS) in the municipality; and, WHEREAS, on February 1 , 1999, the City of Beaumont, other Cities, EGS, and other parties to EGS' rate case executed a settlement agreement which provided that the 0 regulatory treatment of the 30% share of River Bend acquired from Cajun Electric Power Cooperative would be determined in the 2001 rate case; and, WHEREAS, in May, 1999, the Texas Legislature enacted amendments to the Public Utility Regulatory Act (PURA) which froze rates until January 1, 2002, thus eliminating the EGS rate case contemplated in the settlement agreement of the parties in PUC Docket No. 20150, and the rate case required by the settlement agreement in the gulf States/Entergy merger case, PUC Docket No. 11292; and, WHEREAS, as a result of the legislative changes which eliminated the rate case required by the Commission's Order in Docket No. 11292 and contemplated in Docket No. 20150, the Public Utility Commission of Texas ordered EGS to address the regulatory treatment of the 30% of River Bend acquired from Cajun Electric Cooperative in its S.B. 7 implementation proceeding; and, WHEREAS, EGS has unilaterally decided to withhold power generated at River Bend attributable to the 30% share from its Texas retail customers; and WHEREAS, on July 23, 1999, EGS curtailed service to many firm distribution level customers because Entergy had insufficient power to supply its Texas retail customers. During such curtailments, power from the 30% of River Bend acquired from Cajun Electric l Cooperative was sold off the Entergy system; and, WHEREAS, EGS is selling power generated at River Bend attributable to the 30% share off system; and, WHEREAS, the City Council, having considered the changes to the settlement agreement, PURA, the Public Utility Commission of Texas' orders concerning River Bend, EGS' service failures, and EGS' sale of power from the 30% of River Bend acquired from Cajun Electric Cooperative off system, is of the opinion that the revenues from the sale of power attributable to the 30% share of River Bend should be segregated and held in a suspense account pending regulatory determination of the disposition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT Section 1. THAT EGS shall book and hold in a suspense account all revenues from the sale of River Bend power attributable to the 30% share acquired from Cajun Electric Cooperative pending regulatory determination of the appropriate regulatory treatment of such power. Such accounting shall begin with the settlement of the various lawsuits between EGS/Entergy and Cajun Electric Cooperative in December, 1997 and shall include all assets transferred to Entergy or EGS by Cajun at the price paid by Entergy or EGS for such acquisition. The booking should also reflect the value of nuclear fuel acquired rrom Cajun, settlement proceeds, return of funds from the court registry, decommissioning funds, and revenues from the sale of power attributable to the 30% share of River Bend since December, 1997. The booking of revenues shall be updated monthly. Section 2. That EGS shall provide the required accounting information and underlying support in such detail and format, and with such frequency as Cities' consultants, DUCT, and attorneys, Butler, Porter, Gay & Day, request. Section 3. THAT nothing contained in this ordinance shall be construed now or hereafter as limiting or modifying in any manner, the right and power of the City under the law to regulate the rates, operations, and services of EGS. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance, cr 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. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the day of 1999. - Mayor - ATTEST: City Secretary 13 October 5, 1999 Consider a one year contract with NylCare for a Health Maintenance Organization CR City of Beaumont Council Agenda Item IL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Glenda E. Lundy, Human Resources Director MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council approval of a one year contract with NylCare for a Health Maintenance Organization RECOTNEgENDATION Administration recommends that Council award a one year contract effective January 1, 2000 for a Health Maintenance Organization to NylCare Health Plans of the Gulf Coast, Inc. BACKGROUND In August 1999, specifications were developed requesting proposals for a Third Party Administrator (TPA), Preferred Provider Organization (PPO), and a Health Maintenance Organization (HMO) inclusive of prescription drug benefits. The funding options for an Administrative Services Only (ASO)and/or fully insured/minimum premium plan were requested. The proposal also requested a one year contract with the option to renew annually for a period of four additional years. Proposers could submit a proposal based on the City's current plan or their standard plan design. On Tuesday, September 7, 1999 proposals were received for a HMO from NYLCare Health Plans of the Gulf Coast, Inc. and Memorial Sisters of Charity Health Plans (MSCH). PacifiCare submitted a proposal, however, no rates were included for consideration. After reviewing the proposed PPO plan, TPA and/or ASO proposals, it was determined that these options would be cost prohibitive. The rates submitted by the TPAs were higher than the City's current TPA rates. Therefore, the City decided to continue its current third party party administrator contract with MSCH which will terminate in September 2000. Staff conducted telephone interviews with NylCare and MSCH to obtain additional information and clarification of data submitted. Staff reviewed the MSCH HMO which has been in operations since 1995 The MSCH HMO without the prescription drug plan would exceed the current cost of NylCare HMO by $33,000/month. The MSCH HMO has 263 physicians compared to 302 in the Council Agenda Item Page 2 September 27, 1999 NylCare network. MSCH network does not include the independent physician association group model(IPA)structure as what exist with NylCare. A IPA structure limits the specialist selection to a specialist within that physician association group. MSCH does not have the capability to provide specr P Y These services are important to the continued electronic eligibility nor does rt allow self-billing. P efficient and effective operations of the administration of a medical plan. Also, St. Mary and St. Elizabeth's hospitals are the only local hospitals that are included in the MSCH HMO. Therefore, employees would not have access to Memorial Hermann Baptist, Mid Jefferson, Park Place or Beaumont Medical Surgical Hospitals. The City's current contract with NylCare Health Plans of the Gulf Coast, Inc. for the HMO will terminate on December 31, 1999. In FY99,the total premiums remitted to NylCare was $3,104,196, of which $247,737 was paid in September 1999. This monthly premium was based on the medical plan enrollment of 805 employees/retirees/Cobra participants. NylCare will continue to offer the current basic benefits with a copay of$100 and $25 for inpatient hospital and oupatient surgery respectively and no copay for preventive care benefits. The independent physician association group model which usually limits referral by the primary care physician to a specialist within that physician group will continue. Administrative services such as Cobra administration and electronic eligibility will remain the same. NylCare proposed that their contract rates remain the same for FY2000. Attachment A reflects a comparison of the proposals discussed herein. The rates for next year will be $127.71 for employee only, $307.80 for an employee with one dependent and $438.06 for an employee with two or more employees. The projected monthly premium cost for the new contract will be approximately $248,172 and is based on the current monthly enrollment of 805. BUDGETARY IMPACT Appropriation of funds is available in the Managed Healthcare Claims line item of the Employee Benefits Fund in the amount of$3,400,000. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Human Resources Director RECOMMENDED MOTION Approve/Deny authorizing the award of a one year contract to NylCare Health Plans of the Gulf Coast, Inc. for a Health Maintenance Organization effective January 1, 2000 at the current rates. clmo2000 Attachment A 2000 HMO Proposed Monthly Cost Comparison Total % of EO E1 E2 Projected Current Monthly Monthly Monthly Monthly Monthly Company (259) (180) (366) Cost* Base (805) $248,810 MSCH 10/0 HMO 37,506 62,820 181,796 282,122 113% without Prescription Drug NYLCare HMO City's 33,076 55,404 160,330 248,810 100% Current Plan without Prescription Drug ** 'Amounts do not include COBRA adminstration cost ** Blue Cross/Blue Shield has purchased NYLCare Healthcare of the Gulf Coast 2000 HMO Proposed Monthly Rate Comparison Company EO E1 E2 Comments MSCH 10/0 HMO 144.81 349.00 496.71 without Prescription Drug NYLCare HMO City's 127.71 307.80 438.06 Current Plan without Prescription Drug NYLCare current rates- EO-$127.71; E1 -$307.80; E2 -$438.06 JRS C:\OFFICE\WPWIN\WPDOCS\CONTRACT.BID\BIDCOMPA\2000HM03.WPD 927/99 8:49 am • 14 October 5, 1999 Consider a one year contract for medical stop loss insurance with Standard Security Life Insurance Company of New York City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Glenda E. Lundy, Human Resources Director MEETING DATE: October 5, 1999 AGENDA MEMO DATE: October 1, 1999 REQUESTED ACTION: Council approval of a one year contract for medical stop loss insurance with Standard Security Life Insurance Company of NewYork. RECOMMENDATION Administration recommends that Council award a one year contract effective January 1, 2000 for medical stop loss insurance to Standard Security Life Insurance Company of NewYork for which FARA Benefit Services is the agent. BACKGROUND In July 1999, specifications were developed and proposals were solicited for stop loss insurance for the City's self-funded indemnity medical plan. The City received three proposals for stop loss insurance from Texas Municipal League (TML), Reliastar and FARA Benefit Services on August 9, 1999. The results of the proposals are attached for your review. The City is self-insured for its medical indemnity insurance plan. The City's maximum liability or individual stop loss is $150,000 per plan participant with benefits paid at 100% with a maximum individual benefit of $850,000. All claims are handled on an incurred/paid basis of 12/15. This means that claims which are incurred during the contract period are paid during the contract period and the three months following the end of the contract. For example, claims incurred during the period of 1/1/99 to 12/31/99 are paid during the period of 1/1/99 through 3/1/2000. The City has chosen to purchase stop loss insurance to absorb the cost of a claim for any individual which is in excess of$150,000. The City's medical indemnity plan provides coverage for approximately 1,795 plan participants of which 552 are active employees; 1,094 are dependents of active employees, 85 are retirees and/or COBRA and 64 are dependents of retirees/COBRA participants. The stop loss premium is based on the monthly enrollment of plan members which is currently 637. Of the plan members (employees/retirees/COBRA), approximately 488 have dependent coverage. Council Agenda Item Page 2 October 1, 1999 The proposal submitted by FARA for Standard Security will offer the same level of coverage as currently in effect. American Stop Loss submitted a quote; however, claims data through 10/99 must be submitted in order to receive a final quote. Reliastar's proposal was unacceptable due to the company's intent of lasering specific individuals to higher deductibles, if warranted, after reviewing large claims' data. The City's stop loss insurance is currently through American Fidelity Assurance Company/MARC. The City paid premiums in the amount of $55,403 in 1998 for stop loss insurance and experienced no reimbursements as all individual claims were less than $150,000. Since January 1999, the City has paid $43,436 in premiums and has received reimbursements totaling $1,638. MARC has provided good services and very timely responses over the past two years. Administration recommends awarding a one year contract for stop loss insurance effective January 1, 2000 to Standard Security Life Insurance Company of NewYork for which FARA Benefit Services is the agent. Standard Security will provide the same level of coverage as is currently in effect. The rates will be $5.20 for single coverage and $12.76 for family coverage. Standard Security has an A.M. Best Rating of A. The first year estimated annual premium of $ 84,020 is based on current enrollment of 637 plan members. This projected premium increase is attributed to the recent state statute change which prohibits an insurance company from raising the individual stop loss (from $150,000 after submitting a quote) for a member who has an illness that could generate large claims' dollars. For example, while quotes were submitted in 8/99, a member could have a 6 months premature baby in 11/99 which could result in a large claim, the insurance company cannot change the rates quoted. Also, in Beaumont based on the cost of medical care, the stop loss rates in the industry are approximately 20% above last year's rates. BUDGETARY D4PACT Appropriation of funds for this expenditure is available in the Employee Benefit Fund in the FY2000 budget. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Human Resources Director RECOMMENDED MOTION Approve/Deny authorizing the award of a one year contract for stop loss insurance effective January 1, 2000 to Standard Security Life Insurance Company of NewYork for which FARA Benefit Services is the agent. astop2000 MEDICAL STOP LOSS PROPOSAL ANALYSIS Vendors Submitting Proposals Meets A.M. Single Family Estimated Contract Period Specs Best Coverage Coverage Annual Cost Rating Per Mo. Per Mo. (149) (488) Standard Security Life Insurance Co./ Yes A 5.20 12.76 84,020 1 Year FARA Benefits Services, Inc. Reliastar No A+ 5.45 10.75 72,762 1 Year American Stop Loss Insurance Brokerage No A 4.03 11.03 71,846 1 Year Services, Inc./TML JRS C:\OFFICE\WPWIN\WPDo ('S\CONTRACT.BID\BIDCOMPAWIEDSL(x).WPD 9/27/99 * 15 October 5, 1999 Consider a contract for excess workers' compensation insurance i 1~ City of Beaumont 1err K Council Agenda Item g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joel Sistrunk, Safety Coordinator MEETING DATE: October 5, 1999 AGENDA MEMO DATE: October 1, 1999 REQUESTED ACTION: Council consider the approval of a contract for excess workers' compensation insurance. RECONE"ENDATION Administration recommends that Council approve a contract for excess workers' compensation insurance with R.O. Williams & Company, agent for Gulf Insurance Company, for fifteen months with an option to renew for two additional years at the same rate. BACKGROUND In August 1999, specifications were developed requesting proposals for specific excess workers' compensation insurance. The City received proposals from four (4) agents representing five companies on September 13, 1999. A summary of the proposal tabulations is attached for review. The City is self-insured for its workers' compensation coverage. The excess insurance coverage limits the City's liability for claims from any one job related injury or accident. The City's liability is called Self-Insured Retention (SIR). In other words, the insurance carrier will cover all costs incurred on any individual claim more than $500,000 up to a maximum of $10,000,000. The City's past loss experience has been very good. The highest incurred claim for the past five years is $210,066. The current level of coverage will remain in effect. Zurich American Insurance Company has been the current insurance provider for two (2) years. Approximately 1,330 full-time employees and 300 part-time, temporary and/or casual employees are covered by workers' compensation. Zurich American decided to discontinue providing single line workers' compensation coverage to employers. This resulted in Zurich American cancelling the City's contract effective October 1, 1999. Council Agenda Item Page 2 October 1, 1999 Administration recommends awarding the contract for excess workers' compensation insurance to R.O. Williams & Company, agent for Gulf Insurance Company. The initial contract will be for fifteen months with an option to renew for two additional years at the same rate. Gulf Insurance Company will provide the same level of coverage that is currently in effect. Gulf Insurance Company also has an A.M. Best rating of A+. Based on an estimated payroll of$57,744,790, the estimated premium for fifteen months will be $26,687 which includes a one time placement fee of$500. The projected annual premium for each of the other years based on the FY2000 annual payroll will be $20,480. The rate for the fifteen months is slightly higher than the prior two years' premiums (1998 - $19,973 and 1999 - $19,205) with Zurich American. The slightly higher rate increase is based on projected rates in the industry for the contract period. Finally, the reason for the fifteen months quote is that the City would like all insurance premiums to be calendar year based versus fiscal year. BUDGETARY IMPACT Appropriation of funds for this expenditure is available in the Employee Benefits Fund. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Human Resources Director RECOMMENDED MOTION Approve/Deny authorizing the award of a contract for excess workers' compensation insurance with R.O. Williams & Company, agent for Gulf Insurance Company, for fifteen months with the option to renew for two additional years at the same rate. Attachment Wcex2000 WORKERS'COMPENSATION EXCESS INSURANCE PROPOSAL ANALYSIS Vendors Submitting Proposals Met Best S�ppeecci fc' W.C. Limit Rate per Estimated Specs Rating Excess $X40 Annual Retention payroll Premium® Comments �•..f//i f...:..:.'. :.�i}.'v':.. '. .. .l.• �:ir}::vh?:h;?y; ii:?:iii!?:•iii � :fs:.. ... : :. ': i ::;.::: :; : ; ;:.;:z:.y:-r:: ... :::>:::<n :`:`: i .. includes a Yes A+ <::»>: .. . #:::>: # , ? :>::::::::.<.<,: � :>i:;<::.; .?.;;;;;; €r : ::>>: Each option incl R.O. Williams & Com an .:, , :;:.; x .:.:.:::::.::.,.,::::.,-::::::.:: Gulf Insurance Company , .:. .. :.:::::::::.:.......,............. $500.00 one time placement $500,000 Statutory 0.0457 $21,161 fee. $400,000 $10,000,000 0.0576 $26,541 $400,000 Statutory 0.0607 $27,942 $350,000 $10,000,000 0.072 $33,051 $350,000 Statutory 0.0758 $34,769 Stone, Doiron &Wolfrom No A- $500,000 Statutory 0.0383 $17,815 Company has an A- Rating. Midwest Employers Casualty Company Option I includes a 1 time $500.00 placement fee and is for 1 year; option II includes a 1 time $500.00 placement fee and is for 3 years. $500,000 StatiO )ry 0.0345 $16,097 Late Reporting Penalty: Indemnity will be reduced by as much as 40%. No endorsement change attached to amend Cancellation to allow 120 days prior written notice from carrier. T.E. Moore & Company Yes A++ $500,000 $10,000,000 0.0496 $22,424 Add $500.00 one time General Reinsurance placement fee to all options. Corporation $500,000 Statutory 0.0568 $25,679 T.E. Moore & Company No A- $500,000 $10,000,000 0.06 $27,126 Add $500.00 one time Frontier Insurance Company placement fee to all options. $500,000 Statutory 0.0644 $29,115 1 Vendors Submitting Proposals Met Best Specific W.C. Limit Rate per Estimated Specs Rating Excess $100 Annual Retention payroll Preimium© Comments Texas Municipal League No A $500,000 Statutory ------- $51,430 Estimated contribution is for one year. Coverage is continuous until canceled. Contribution is re-rated annually. OO Based on estimated annual payroll of$45,210,000 WCEXCE99.FRM 2 16 October 5, 1999 Consider a five-year financing agreement for the purchase of one standby emergency generator • City of Beaumont Cie.- Council Agenda Item EL TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED By: Kirby Richard, Central Services Director MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 20, 1999 REQUESTED ACTION: Council approval of a resolution to award a bid for a financing agreement. RECONLMENDATION Administration recommends award of a bid for a five year financing agreement with a fixed interest rate of 5.275% to Banc One Leasing Corporation for the purchase of one standby emergency generator. BACKGROUND Four bids were received on Monday, September 20, 1999, for financing the purchase and installation of an emergency standby generator at the Water Production Plant. This project was authorized by City Council on August 11, 1998 at a cost of $487,000. One change order increasing the total cost by $61,691.70 was authorized on June 1, 1999. The project was completed in August 1999. Bids were requested for a fixed interest rate with the first annual payment in arrears. The bids received are as follow: Financial Institution Location Interest Rate Banc One Leasing Corporation Corsicana, TX 5.275% Koch Financial Corporation Wichita, KS 5.310% Carlyle Capital Markets, Inc. Dallas, TX 5.40% Banc Leasing.com, Inc. McKinney, TX 5.90% Fnnancing Agreement September 20, 1999 Page 2 BUDGETARY BOACT An amortization schedule indicating the cost of the financing agreement is as follows: Payment No. Payment Amount Interest Principal Purchase Option 1 $127,698.90 $28,943.49 $ 98,755.41 $449,936.29 2 $127,698.90 $23,734.14 $103,964.76 $345,971.53 3 $127,698.89 $18,249.99 $109,448.90 $236,522.63 4 $127,698.90 $12,476.57 $115,222.33 $121,300.30 5 $127,698.89 $6,398.59 $121,300.30 -0- TOTAL $638,494.48 $89,802.78 $548,691.70 • The City's Finance Officer compared the cost of financing the equipment purchased to the cost of paying for the equipment in full. In the past, savings have been realized from this type of arrangement. Based on current investment rates, the City would earn 588,574 over the term of the agreement resulting in a potential net borrowing cost of $1,228. The first annual payment of$127,698.90 will be due one year after execution of the agreement. PREVIOUS ACTION The purchase and installation of the standby emergency generator was authorized by Council on August 11, 1998 at a cost of $487,000. A change order in the amount of $61,691.70 was approved by Council on June 1, 1999. SUBSEQUENT ACTION None RECOWNIENDED BY The City Manager, Finance Officer and Central Services Director. RECOMMENDED ACTION Approve/Deny a resolution accepting a bid from Banc One Leasing Corporation for a five year financing agreement with a fixed interest rate of 5.275%for the purchase of one standby emergency generator. ME M O -�- To: Stephen J. Bonczek, City Manager From: Beverly P. Hodges, Finance Office Date: Monday, September 20, 1999 Subject: Lease Purchase Financing The City has approved the purchase of a standby generator for use in the Water Utilities Department costing $548,691.70 for which lease purchase financing is available. The lowest quoted interest rate is a fixed rate of 5.27% for five years in arrears which was received from Banc One Leasing Corp. Group to finance (Municipal Lease Purchase) the purchase of the generator. If the City invested the purchase price at our current yield we would earn $141,408. The cost of interest to finance the purchase of the equipment is projected at $89,802. Since we will be making annual payments on the lease purchase, we must factor in the annual payment as a reduction in the cash available for investment. As a result we would earn $88,574 over the term of the lease purchase which is a net interest cost of $1,228 and would retain the use of our money for the length of the financing. Purchase out of current Net cost from investment of funds (loss of the use of current funds and Lease funds) Purchase financing ($141,408) $1,228 . It is my recommendation that we use the Municipal Lease Purchase, which would allow us the flexibility of keeping an adequate fund balance and realize the benefit of a net borrowing cost of$1,228 on the purchase of a long-term fixed asset relative to the payment schedule of the financing. 17 October 5, 1999 Consider authorizing an architectural services agreement with Architectural Alliance, Inc. for the renovation of the old municipal court area located in the Police Building City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 29, 1999 REQUESTED ACTION: Council authorize the City Manager to execute an architectural services agreement with Architectural Alliance, Inc. for the renovation of the old municipal court area located in the Police Building. RECOMMENDATION Administration recommends approval of a resolution granting the City Manager the authority to execute an agreement with Architectural Alliance, Inc. for the design and contract management of renovations to the old municipal court area. BACKGROUND The project provides for the renovation of approximately 7,000 square feet of the police station which was used as the municipal court and its supporting office area. Once renovated, the area will be used as office space for the Police Department. Total cost of the renovation project is estimated to be $300,000. The proposed architectural agreement provides for the design and construction contract management of the renovation project. Other basic services include schematic design, construction document development, and contract bidding. Compensation for the architectural services is 107 of the project construction cost. A copy of the proposed agreement is attached for your review. Architectural Alliance, Inc. recently completed a space utilization study for the entire building and is familiar with the proposed use of the vacated space. Completion of the design and construction document phases is anticipated within 45 days of the agreement's execution. Renovations are expected to be completed within 90 days of the contractor's notice to proceed. Occupancy of the renovated office space is anticipated by the first of April. Architectural Services Agreement September 29, 1999 Page 2 BUDGETARY IMPACT The agreement provides for a fee of 10% of the project construction cost. Funds, in the amount of$300,000, are budgeted in the General Improvements Fund for the renovation project. PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager, Central Services Director, and Police Chief. RECOMMENDED MOTION Approve/Deny a resolution authorizing the City Manager to execute an architectural services agreement with Architectural Alliance, Inc. for renovations to the old municipal court area located in the Police Building. AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement made as of the day of -, 1999 between the City of Beaumont, Texas,hereinafter referred to as "Owner,"and Architectural Alliance, Inc.,hereinafter referred to as"Architect" for the following Project: Development and Construction of Beaumont Police Station/Municipal Court Renovations, City of Beaumont,Texas,hereinafter referred to as"Project." The Owner and Architect agree as set forth below. ARTICLE 1 ARCHITECTS' RESPONSIBILITIES 1.1 ARCHITECTS' SERVICES 1.1.1 The Architect's services consist of those services performed by the Architect, Architect's employees and Architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in Article 11. 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with a high degree of professional skill, care, and diligence practiced by Architects of Jefferson County and the orderly progress of the Work. The term "high degree of professional skill" shall not be construed as perfection, but shall mean that degree of care and skill ordinarily exercised by the architectural profession currently practicing under similar circumstances. Upon request of the Owner, the Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds, and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule and approved by the Owner shall not, except for reasonable cause,be exceeded by the Architect or Owner, and any adjustments to this schedule shall be mutually acceptable to both parties. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 10.4.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 11 as part of Basic Services, and include without limitation normal structural, mechanical, civil, and electrical engineering services and any other engineering services necessary to produce a set - 1 - of Construction Documents, which will be sufficient and adequate to fulfill the purposes of this project(see 2.3.1), as described by and required in Paragraph 2.4. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect,in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program, construction schedule and construction budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. The Schematic Design shall contemplate compliance with applicable laws, statutes, ordinances, codes and regulations. 2.2.5 The Architect shall submit to the ONvner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget, the Architect shall prepare for approval by the Owner,Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical, and electrical systems, materials and such other elements as may be appropriate, which shall comply with applicable laws, statutes, ordinances, codes and regulations. If any such laws, statutes, ordinances, codes or regulations are in conflict with one another,Architect must consult with Owner. Notwithstanding Owner's approval of the documents,Architect will provide Documents and specifications 'xhich «will be sufficient and adequate to fulfill the purposes of the Project. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Paragraph 2.2.5. 2.3.3 Providing interior design and similar services required for or in connection with the selection, procurement or installation of furniture, furnishings and related - 2 - equipment. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with applicable laws, statutes, ordinances, codes and regulations. If any such laws, statutes,ordinances,codes or regulations are in conflict with one another,Architect must consult with Owner. 2.4.2 The Architect shall, with assistance of the Owner,prepare the necessary bidding information, bidding forms, the Conditions of the contract, and the form of Agreement between the Owner and contractor, and other required bidding documents necessary to provide the Owner a completed bid document. 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cost indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents and submissions required for the approval of other governmental authorities having jurisdiction over the Project. 2.5 BIDDING 2.5.1 The Architect, following the Owner's Approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in obtaining bids and assist in awarding and preparing contracts for construction. 2.5.2 If the lowest bid for the construction of the Project exceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Estimated Construction Costs of the Project submitted by the Architect, then the Architect, at its sole cost and expense, will revise the Construction Documents in a continuous fashion so that they are completed in a timely manner as may be required by the Owner to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Costs. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTIOti CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the completion of the one (1)year warranty period. - 3 - 2.6.2 The Architect shall provide administration of the Contract for Construction as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless otherwise provided in this Agreement or approved by the City. 2.6.3 Construction Phase duties, responsibilities and limitations of authority of the Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner(1)during construction, and(2) at the Owner's direction from time to time during the correction,or warranty period described in the Contract for Construction. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall visit the construction site at least two times a week,regardless of whether construction is in progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work,when completed,will be in accordance with the Contract Documents. Architect shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations as an Architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the Nvork of Contractor or any subcontractors. is The Architect represents that he will follow professional standards as described in 1.1.2 herein in performing all Services under this Agreement. The Architect shall promptly correct any defective designs or specifications furnished by the Architect at no cost to the Owner. The Owner's approval, acceptance, use of or payment for all or any part of the Architect's services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means,methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors,or their agents or employees, or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation or progress, but shall have no responsibility for job site safety. 2.6.8 Except as may otherwise be provided in the Contract Documents or when direct communications have been specially authorized, the Owner and Contractor shall communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Based on the Architect's observations at the site of the work and evaluations of the Contractor's Applications for Payment, the Architect shall review and certify the - 4 - amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's observations at the site as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to minor deviations from the contract Documents correctable prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is entitled to payment in the amount certified. However,the issuance of a Certificate for Payment shall not be a representation that the Architect has(1)reviewed construction means,methods,techniques,sequences or procedures,or(2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the authority to reject Work which does not conform to the Contract Documents and shall consult with Owner. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have authority to recommend to the Owner additional inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing Portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings,Product Data and Samples for the purpose of(1) determining compliance with applicable laws, statutes,ordinances and codes;and(2)determining whether or not the Work will be in compliance with the requirements of the Contract Documents. The Architect shall act with such reasonable promptness to cause no delay in the Work or in the construction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities or for substantiating instructions for installation or performance of equipment or systems designed by the Contractor,all of which remains the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constitute review or approval of safety precautions, nor of construction means,methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. When professional certification of performance characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that the materials,systems or equipment will meet the performance criteria required by the Contract Documents. - 5 - 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives, with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 2.6.14 On behalf of the Owner, the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion,and shall issue Certificates of Substantial and Final Completion. The Architect will receive and review written guarantees and related documents required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and provide recommendations on matters concerning performance of the Owner and Contractor under the requirements of the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions. the Architect shall endeavor to secure faithful performance by both Owner and Contractor, and shall not be liable for results or interpretations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Architect shall render written decisions within a reasonable time on all claims. disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.18 The Architect(1)shall render services under the Agreement in accordance with the professional standards as described in paragraph 1.1.2 herein; and (2) by acknowledging payment by the Owner of any fees due, shall not be released from any rights the Owner may have under the Agreement or diminish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the Owner with one (1) set of reproducible prints showing all significant changes to the Construction Documents during the Construction Phase. Drawings shall indicate significant changes in the Work made during construction based on marked-up prints, drawings and other data furnished by the Contractor to the Architect. Drawings shall also be furnished to the Owner in a computer file format,readable by AutoCad version 14. - 6 - ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 11,and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control,the Architect shall notify the Owner prior to commencing such services.If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required, the Architect shall have no obligation to provide those services. Owner will be responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 is required,the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefore as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless otherwise agreed. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such revisions are: 3.3.1.1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget: 3.3.1.2 required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents, or 3.3.1.3 due to changes required as a result of the Owner's failure to render decision in a timely manner. 3.3.2 Providing services required because of significant changes in the Project including, - 7 - but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction, except for services required under Subparagraph 2.5.2. 3.3.3 The Architect shall provide documents for alternate, separate or sequential bids or providing services in connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.3.4 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,and furnishing services required in connection with the replacement of such Work. 3.3.5 Providing services made necessary by the default of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.6 Providing services in connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibility or other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites, if required. 3.4.3 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project not addressed in Basic Services. 3.4.4 Providing services relative to future facilities, systems and equipment. 3.4.5 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.6 Providing services to verify the accuracy of drawings or other information fumished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owner's own forces and coordination of services required in connection with construction performed and equipment supplied by the Owner. 3.4.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.9 Providing detailed quantity surveys or inventories of material,equipment and labor. 3.4.10 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. - 8 - 3.4.11 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance and consultation during operation. 3.4.12 Providing services other than as provided in Section 2.6.4, after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.13 Providing services of consultants for other than architectural, landscape architecture,structural,mechanical,civil and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.14 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Architectural practice. ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Architect regarding requirements for the Project,including (1)the Owner's objectives,(2)schedule and design constraints and criteria,including space requirements and relationships, flexibility, expendability, special equipment, systems and site requirements, as more specifically described in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget for the Project, including the Construction Cost, the Owner's other costs and contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. 4.4 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect and agreed to by the Owner. Such services may include but are not limited to test borings,test pits,determinations of soil bearing values,percolation tests, evaluations of hazardous materials and hazardous materials storage, ground corrosion and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate professional recommendations. 4. The Owner shall furnish structural,mechanical, chemical,air and water pollution tests,tests of hazardous materials, and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.6 The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project,including auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. - 9 - 4.7 The services,information,surveys and reports required by Paragraphs 4.5 through 4.7 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof in the absence of any negligence on the part of the Architect. 4.8 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.9 Architect shall propose language for certificates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this Agreement. 4.10 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include,as applicable,grades and lines of streets, alleys, pavements and adjoining property; adjacent drainage; rights-of-way, flood plains restrictions,easements,encroachments,zoning,deed restrictions,boundaries and contours of the site; locations,dimensions and necessary data pertaining to existing buildings, other improvements; and information concerning available public utility services and lines both public and private, above and below grade, including inverts and depths. ARTICLE 5 CONSTRUCTION COST 5.1 DEFINITION 5.1.1 The Construction Cost, or estimated construction cost, shall be the total cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants,the costs of the land,rights-of-way, financing or other costs which are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 5.2.1 Evaluations of the Owner's Project budget,preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized,however,that neither the Architect nor the - 10 - Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing,proposal or establishment of a Project budget,unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established,the Architect shall be permitted to include contingencies for design,bidding and price escalation,to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought. ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 6.1 The Drawings,Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project and, unless otherwise provided,the Architect shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the Owner's use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects for additions to this Project or for completion of this Project by others, unless this Agreement is terminated because Architect is in default of this Agreement, at which time the documents become the property of the City of Beaumont. 6.2 Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the Architect's reserved rights. - 11 - ARTICLE 7 TERMINATION, SUSPENSION OR ABANDONMENT 7.1 Architect may terminate this Agreement upon not less than thirty days written notice should the Owner fail substantially to perform in accordance with the terms of this Agreement through no fault of the Architect. Owner may terminate this Agreement or any phase thereof upon thirty(30)days prior written notice to the Architect with the understanding that immediately upon receipt of such notice, all work and labor being performed under the Agreement shall cease immediately. Before the end of the thirty(30)day period,Architect shall invoice the Owner for all work it performed prior to the receipt of such notice. No amount shall be due for lost or anticipated profits. All plans, field surveys, and other data related to the Project shall become property of the Owner upon termination of the Agreement and paragraph 6.1 shall not apply and they shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new Architect for continuation of services on the Project,Architect shall cooperate in providing information. 7.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed,the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services. 7.3 This Agreement may be terminated by the Owner upon not less than seven days written notice to the Architect in the event that the Project is permanently abandoned. If the Project is abandoned by the Owner for more than 90 consecutive days,the Architect or the Owner may terminate this Agreement by giving written notice. 7.4 Failure of the Owner to make payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. 7.5 If the Owner fails to snake payment to Architect within thirty (30) days of receipt of a statement for services properly performed, the Architect may, upon seven days written notice to the Owner, suspend performance of services under this Agreement. Unless Architect receives payment in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of services under this section, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect,the Architect shall be compensated for services properly performed prior to termination. ARTICLE 8 OTHER PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. - 12 - 8.2 The Owner and Architect,respectively,bind themselves,their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners,successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.3 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations,representations or agreements,either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.4 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 8.5 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances,provided,however,Architect shall have the responsibility to and shall report to the Owner the location of any hazardous material that an Architect of skill and expertise should have noticed. 8.6 Upon receipt of prior written approval of Owner, the Architect shall have the right to include representations of the design of the Project, including photographs of the exterior and interior,among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project. ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto,such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants in the interest of the Project,as identified in the following clauses. - 13 - 8 October 5, 1999 Consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District for property located at 1685 Park at Craig ORDINANCE NO. • ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A FUNERAL HOME IN AN RCR (RESIDENTIAL CONSERVATION REVITALIZATION) DISTRICT LOCATED AT 1685 PARK AT CRAIG, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Yvonne F. Como to allow a funeral home in an RCR (Residential Conservation Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jersey Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 acres, more or less; as shown on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the • hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a funeral home in an RCR (Residential Conservation Revitalization) District located at 1685 Park at Craig, being Lots 6-10, Block 8, Jerse, Farm Addition, Beaumont, Jefferson County, Texas, containing 0.821 acres, more or less, as shown on Exhibit "A" attached hereto, is hereby granted to Yvonne F. Como, her is • representatives, successors and assigns for that certain tract described on Exhibit "A" attached hereto and made a part hereof for all purposes. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3 Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. S - Mayor - a' \ \ s01 .0 ♦ \. ..anti/ AV /�fi/ai �i► '1: FILE 1466-P: Request for a specific use permit to allow a funeral home in a RCR NORTH �. (Residential Conservation Revitalization) district. A ' Location: 1685 Park at Craig Applicant: Yvonne F. Como SCALE • P-200' / V, � Wt ,o At +vs e-/ 47 AdO OAS 7 3 J.i 2 R I ♦ v+ .�e B f $, ENTT o /� EWIETT !0 AYE • lCY:I•.,:MI M7.� rl ` MltM tCYK �-lww . - ----• 1--' .,:,... :F �::- — EMMETT AVE.—�*,--��ai�w .woww• 60 60 � !O AD n „ ' n • i ' ! III ; � b I N O N A ! f LANGHAM AVE. is .o D � $a is sr so ' ar .s w .r w I i � I I � - '� a rr •:a,,. • w 74 - /I tpt ,,,I s, ,l !I !4�G . �.. L ROYAL ST. �;• � – � �� ov W 0 re eo .,JT aQ W W Al NU N , W ` j •. Z a SUBJECT Z 14 'k. 40 Z t/o �✓ W• (000 CRAIG ST. n. r �+ fe. - .o ; ' L N CRAIG STREET II m odu ow o�T.■Y/ Oef6 Ml M . OOL 1x11 �R L!•A ' rr ■m 1 1 Oi s ACE ! 9 0=� -0' • f am LOW oo !Vt- 1 11' il' 23' N ® 5 1 � t 1 11 1 � s S AC` ! 9' 0'.4 '-0' � a' a` b • 2 SPACE ol M.�■la a i 16' i t7 1 1 PROPO¢ED PARKING LOT oll 1 1 1 1 O 1 P 9 AC ! 9[0-811-0. O ' a.a uar ■/1• SITE PLAN SrTE RAM CLEYDAND 0t-j FOR DlSION•YVO NE COW 1920 1M6!•Nbt A.�A4J110111 Ti7fAf (�) OJDt f D ugeCity of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow a funeral home in an RCR (Residential Conservation and Revitalization) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow a funeral home at 1685 Park Street. BACKGROUND The subject property is the site of the old Carroll-Wallace Funeral Home. That facility relocated in 1996. In 1997, City Council approved a specific use permit for a church. The church has since moved. The applicant is requesting a waiver of the landscaping/screening requirements. The application is in compliance with the eight conditions necessary for approval of the permit subject to the waiver of the landscaping/screening requirements. BUDGETARY IMPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the specific use permit with a waiver of the landscaping/screening requirements and subject to the construction of the parking lot prior to the operation of the business. SUBSEQUENT ACTION None RECOMMENDED BY Planning Commission, City Manager and Planning Manager RECOMMENDED MOTION request for a specific use permit to allow a funeral home at 1685 Park subject to Approve/Deny a q P P a waiver of the landscaping/screening requirements and subject to the construction of the parking lot prior to the operation of the business. • 6 -.. •. . n \' FILE 1466-P: Request for a specific use permit to allow a funeral home in a RCR NORTH " 4 (Residential Conservation Revitalization) district. A& Location: 1685 Park at Craig Applicant: Yvonne F. Como SCALE 1"=200' / ..95 w j Ap — — � � • i ; �... \ \ ,. ,rr ars '.rs A"M .IO / ! 7. � Hsu► nv,s .. .��,�__.._ — —EMMETT AVE.--C!--3"ZWM sr as t .su 1 1 •. _ it! I tr a • 147 a I a I ,a ,t a •�" . ! t Js 1 4 J • j 2 / ,... r w JO t! rf IT I tI w w r0 b I ,I ,7 N A ! • J► 1 re s hANGHA AVV f, i .r LA GNA Ay,r ► ,I LANGHAM AVE. $ �� $ g J► u .O ec w)1 w dL 40 A' •.I. !I ! _ •h N Il II i III ;♦ it Its 1 I - L`70 f f 11I I! rr f, IIt i!1 !! ft Sr I q • N /r we s` •~ ROYAL ST. o / `• l 1/ rf �j ri I sa p rr N » rt 9 J I If , ` Q Jt 1, )- I W W I ! Z v Z Y Q �' • N "• O I Z W Z ` ' a SUBJECT N •' i r Z .S s• RAIG ,e ,.� Z /4 W t� (000 CRAIG ST. ` 4� Z IZ P 1 1 N CRAIG STREET oar.�aa oat..aa era m ur oar..a. oar.urt m aavrs m LOW ML O 3 ACE ! 9 0=4 -0' } 01 i �w m aauu 11' 11' 23' �• in ®w N 28' 1 i 3 S ACi 4 b. ` � c• um• N Lo. LW ll W 2 SPACE 9' X lo' , a u PROPOFED PARKING LOT ®W O 9 PAC4 ! 9-0-81-0, O • � oaa u�w 06 0 O arr w.WM SITE PLAN �nw I EII[/1/W ClJ`VONO COYO t A�lOCMTF3 FOR DE71Q1 t AAMII�'10 OONSULTATR YVCN l . ST. LW2 P � � TEA1 4001 w-0 u . TE%AE r�� • 9 October 5, 1999 Consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District for property located on Phelan Boulevard at Shakespeare Drive ORDINANCE NO. • ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A BUSINESS OFFICE PARK ON PROPERTY IN A GC-MD-2 (GENERAL COMMERCIAL- MULTIPLE FAMILY DWELLING-2) DISTRICT AND AN RM-H (RESIDENTIAL MULTIPLE FAMILY DWELLING-HIGHEST DENSITY) DISTRICT LOCATED AT THE NORTHEAST CORNER OF PHELAN BOULEVARD AT SHAKESPEARE DRIVE, IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, the City Council for the City of Beaumont desires to issue a specific use permit to Sam Parigi, Jr. to allow a business office park on property in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the northeast ccrner of Phelan Boulevard and Shakespeare Drive, the most easterly of the three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being known as Tax Tracts 85, 86-A and 178, Plat SP-6, C. Williams Survey, Ab-59, Beaumont, Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit "A", attached hereto in; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. • That all conditions necessary for issuance of a specific use permit have been met and a specific use permit to allow a business office park on property in a GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and an RM-H (Residential Multiple Family Dwelling-Highest Density) District located at the northeast corner of Phelan Boulevard and Shakespeare Drive, being three (3) abutting tracks of land located at the northeast corner of Phelan Boulevard and Shakespeare Drive, the most easterly of the three tracts extending north from Phelan Boulevard to Prutzman Road, said tracts being known as Tax Tracts 85, 86-A and 178, Plat SP-6, C. Williams Survey, Ab-59, Beaumont, Jefferson County, Texas, containing 2.142 acres of land, more or less, as shown on Exhibit "A", attached hereto in, is hereby granted to Sam Parigi, Jr., his legal representatives, • successors and assigns for that certain tract shown on Exhibit " g t A attached hereto and made a part hereof for all purposes, subject to the above conditions. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property hereinabove described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - so �' FILE 1469-P: Request for a specific use permit to allow a business park on property NORTH I`• ZFt zoned GC-MD-2 (General Commercial- Multiple Family Dwelling- 2) and RM-H (Residential Multiple Family Dwelling-High Density). S , Location: Phelan Blvd. at Shakespeare Drive SCALE • Applicant: Sam Parigi, Jr. P=200' t� of 90 !O 1 % % LEXINGTON DRIVE ; .• y ® ' a • ^t ' N a RM� tao no j. art 0t, • r "2 1CfL7 13f- PR 77oV,4N,,o so i•cr ersr RD Y6 ., PRUTZMAN ROAD 671 �� -• � oz � oo .. VC � Se. J E� ti o° „ t��k3 z"`t"��K��+�.xyd`...t I� ►a..0► ...� _ W cr cr a. Q •.\ Tl M 3 �:t O SUBJECT '''` , P 3 , u N , 7 pHELA BLVD �'• o r - - G C M D a Iii-lam-t r►I Z h d-Gntj - ! a ��64' IrlrlIS114] �� oe.nuU Nv7310 �ira01a0]nl a Y I I ,• �n T � tr S74LHa •aarn u n � r I � I v _ g O :►� di° � t U4 I Flu 1 —..41 h �- Srh, f yrO �� 'G1 U?U.n��f �jy •U,O=Cj' f'7lbl H 1 xpt v•OXiinaitl r'xLL 0.O'O9b �nre►�fcnvt C,o°d.-. a . ►sip lva Off, - ,..t.rr,.�..n.sS�TGHnrrnZt�GY •OSC•�sr�4f•r,o� tirwt on,NaV� n j � � I� •Q n'OTO'AOW!!i.-OOI2l o4 W%f •�c.' r 3 � ( 1 9,1op . 1 - rr.n•r„f.�r t� � I i •_ T.2) v �+ OVOAI nvw�l»d Cit of Beaumont ...... y W Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 27, 1999 REQUESTED ACTION: Council consider a request for a specific use permit to allow a business office park on property zoned GC-MD-2 (General Commercial-Multiple Family Dwelling-2) District and RM-H (Residential Multiple Family Dwelling-Highest Density) District. RECOMMENDATION The administration recommends approval of the specific use permit to allow three one-story business office buildings at the northeast corner of Phelan Boulevard and Shakespeare Drive. BACKGROUND Three one-story office buildings are planned for the subject property. The three buildings will contain a total of 21,300 sq. ft. of office space. This application is in compliance with the eight conditions necessary for approval. BUDGETARY INIPACT None PREVIOUS ACTION At a joint Public Hearing with City Council held September 20, 1999, the Planning Commission voted 6-0 to approve the specific use permit. SUBSEQUENT ACTION None RECOMMENDED BY Planing Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny a request for a specific use permit to allow a business office park on the northeast corner of Phelan Boulevard and Shakespeare Drive. O' s, 4 V � �• �� � �` w. � I f I , � • � ! � 1f1'-+`�\�l t .��� ��t...Y w� FELE 469-P: Request for a specific use permit to allow a business park on property NORTH / zoned GC-MD-2 (General Commercial -Multiple Family Dwelling-2) and RM-H - ,�° (Residential Multiple Family Dwelling-High Density). ti Location: Phelan Blvd. at Shakespeare Drive SCALE � Applicant: Sam Parigi, Jr. 1"-200' • {;'1'� �V �q!\ 1� w' .. f i Jv r I! � ti /1 �, N T� r11 \ lb 1 90 MI ltilj� S I, S p =O1-'-'--� ` ;LEXINGTON DRIV T .7:,. •� � s. , ���� •, RIB ,r .� :.. ` .\ �� i• + z a-JIB . , . n •7 „ J 'r R M-�� A0 1Lf L7 gat Al9 �9'AN.,, so iscr r..,r RD PRUTZMAN ROAD 6700 o° Uj JIM AN-SOD. 195-1 Fr W m ate , Ilk �,�... ►. a. Ar 5 z O MY W G of V LPG SUBJECT X e l �JM _ ,^ ELJ`�l BLY O• w �i ti• r z _ C -MD Dm-s-e u O 3 ff�ll-. 43 7Q AZ=ma a mom 00 - 14 - ave o C�Ozv S?.'&J- we oz 0•C, 02ty .,r ao-c1d)9b 9nlav'XOrv77 ga ,+z -moo 11 tz 10 October 5, 1999 Consider an appeal of a decision by the Historic Landmark Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks Historic District at 2425 Angelina M City of Beaumont •�• Council Agenda Item ,. = . . � TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Stephen C. Richardson, Planning Manager MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council consider an appeal of a decision by the Historic Landmark Commission concerning a four foot high chain link fence in the front yard of a house in the Oaks Historic District at 2.125 Angelina. RECOMMENDATION The administration recommends denial of the appeal for a chain link fence in the front yard. BACKGROUND Rhonda McMullen, the property owner, requested a certificate of appropriateness to allow a four foot high chain link fence in the front yard of her residence at 2425 Angelina. The fence was built without a certificate of appropriateness. Sec. 30-21.2 of the Zoning Ordinance states that chain link fences are permitted only in back yards and must not be visible from abutting streets. The ordinance does allow for exceptions to the regulations when the applicant establishes that the fence is historically sensitive or unless the absence of said fence poses a significant hazard to life or property. Sec. 30-21.2 also states that a decision of the Historic Landmark Commission may be appealed to the City Council. BUDGETARY IMPACT None PREVIOUS ACTION At the September 13, 1999 Regular Meeting, the Historic Landmark Commission voted 6-2 to deny the certificate of appropriateness for the 4 foot high chain link fence in the front yard at 2425 Angelina. 0 SUBSEQUENT ACTION None III RECOMMENDED BY Historic Landmark Commission, City Manager and Planning Manager RECOMMENDED MOTION Approve/Deny an appeal of the decision of the Historic Landmark Commission to deny a certificate of appropriateness to allow a four foot high chain link fence in the front yard at 2425 Angelina. k I =s • s e « • � • s K N • t_ s I so so .3o 2sa' L so I WO ,Q s �• • • • a 1 z aat Lam re= _ 1 a s s ♦ f N 11 t A11 cu so so so so t 2o0 10 so SUBJECT A so so >o so so su so so I I Oe a 1 = S• • • • ' 1 • • • a • 1 2 Y • • • a a 1 0, • • • • 14 15 16 19 20 s X_ 3 - w • a 0 0 0 t M 17 1• IT • f N M t = = t • If M 11 t i 1 • f N 11 ■ S • f, N 11 • I 1lusac . so >o so so so so so so - w .. !0„ so so Ir Do - !G so so so • a 1 1 c2l AM � L-U." rr ws o: �s,;: •o L so �L v • LI - p av IV +n. •r. `..sad �yI �� .. i Yom. lip low.M1 4www• ' CITY OF OEMO NT tdAlnnst�----_ - REi'EI1FED - SEP 2 1 1999 cx zo Syr/.-C ..Ln f .�-u�u.�---__ -� -� ---�-- -Diu------ -- -- -- - ----------- -kA- � r /��Ctv 2 + I t 4- 2ep v3 P 14 00 ae 3 - a / { CIO Z ; to Ro n'n s><��v(p 9rr-n+','54 . f7r17 I �°mac... ..�...�'.•�v�'+k�'�'t"+.,,s-�?��.C� ti.��C�"��`'��1.: .. .,,rm. �(.r;,:.:. '� .. - - - a � cad acv . CL 1',�►.� owe, l9k� Cay OF SE MORT A U K X 1 1 39 -X- 100 -- �� B� AS o� -- Au� 3 1 1999 CZ/- ---- CiTY OF BEAUMONT --- - . --- - -- ---- --- - PLANNING DIVISION - - AUG- ----- cr PLANNING DIVISION RECEIVED A U C 3 1 1999 -�- S. —1- �- Ski cl� big s moo � ou�.Lc1 / J i 1 op #, "47 t����3 , �� i.+�"Y��' i1�`"__��]� .Yw' '� 2'�'_^„1,��. ."FC.X�.•' �•�$ �}•4.1. � �,��asZ�'_•� �S `j'�;�i � .,. �':fl��/��y yi• tiff E F t •- � �l � f d ���� �'toss ��-� S�'-e GJb(� G a L — T/-P) 1,tV An cot, �v/ LYlc7 Ll / C.h',y Ile� D�wmONT • - ..� m AtaNINCi nMSION RECEIVE i I1d r� h �•r n NOISWQ JNIN ulu"I Iva 40 Aw PEN MOPE S. Bu L ER, M.S., LP.C. Child, Adolescent, Adult and Family Counseling 3560 Delaware,Suite 301 Beaumont,Texas 77706 Telephone: (409)899-3355 Fax: (409)899-4729 August 19, 1999 To whom it may concern: Please be advi.-AA that Jacob BCrtrdncthas beery tinder my are and receiving counseling from Penelope S. Butler,incx June 1998.Jacob has berm.diagnosed with ADHD and is highly impulsive. He ha,.-xmcious et notional problem-,and very poor judgeament. Jacob's intellectual iirnctioning is low and as a nx-hilt he.tcncls to be accident prone. It is our opinion that Jacob nerds boundaries;in order to maintain his safety. Pleasc`contact our of if you have further qiu---ions. Sincerely, Dr. Kanneganti,MDPA J f Penelope S. Butler i v7,0 7 2'ElIkuIm0N ?��',fdNIING DIVISION ��•aid d�. AU(; 1 -: � 11 October 5, 1999 Consider an ordinance repealing Article III of Chapter 29 of the Code of Ordinances and enacting new taxicab regulations City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: October 5, 1999 AGENDA MEMO DATE: September 28, 1999 REQUESTED ACTION: Council to consider an ordinance repealing Article III of Chapter 29 of the Code of Ordinances and enacting new taxicab regulations RECOMMENDATION The administration recommends the approval of an ordinance amending Chapter 29 of the code of Ordinances to enact new taxicab regulations. BACKGROUND The Council previously amended the taxicab ordinance to remove the requirement for a hearing to determine the public convenience and necessity of new taxicab permits. Since that time, both the Police and City Clerk's office have requested other changes to the ordinance to make its administration more efficient and effective for both the applicants and city departments involved. Specifically, the police have requested that the administration of the issuance of the taxicab permits and driver's licenses for taxicab operators be centralized in the Police Department. The City Clerk agrees that such functions as providing the application form and providing various notices to the applicant should all be handled by the Police Department. In addition, there is no reason to continue the process of publishing a notice of the application in the newspaper. This will result in a small cost saving for the City. BUDGETARY IMPACT Taxicabs presently pay 1'/2% of gross receipts as a fee for the use of the city street in a commercial venture. That fee will not change. The budgetary impact would be limited to savings associated with not having to publish newspaper notices. Council Agenda Item Page 2 September 28, 1999 PREVIOUS ACTION On September 7, 1999, Council amended this ordinance to remove the requirement for a public hearing. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, City Attorney, Police Chief and City Clerk RECOMMENDED MOTION Approve/Deny an ordinance amending Chapter 29 of the Code of Ordinances to amend taxicab regulations. G:\LE\CAROL\OFFICE\COU'IIMTG\TAXICAB.WPD ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING ARTICLE III OF CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW ARTICLE III REGULATING TAXICABS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. WHEREAS, Council desires to enact amended taxicab regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . THAT Article III of Chapter 29 be and the same is hereby repealed and a new Article III regulating taxicabs is enacted to read as foliows: ARTICLE III. TAXICABS. Sec. 29-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Chief of Police: Shall be the duly appointed Chief of the Beaumont Police Department or his designee. Cruise, cruising: The movement of unoccupied taxicabs over the public streets of the City in search of, or soliciting prospective passengers for hire; except, however, unoccupied taxicabs proceeding to answer a telephone call for taxicab service from an intended passenger, and taxicabs returning to a taxi stand, terminal or subterminal by the most direct route, after having discharged a passenger, to the place where such taxicab is housed or to the place of discharge of the passenger, shall not be considered to be cruising. 10 Driver, chauffeur.'Any person in actual charge of the operation of a taxicab, whether owner, or agent, servant or employee of the owner. as g License to operate: Authority granted by the City authorizing such operator of a taxicab to engage in the business of transportation by taxicab. Owner, operator: Any person who has the control, direction, maintenance and the benefit of the collection of revenue derived from the operation of taxicabs on or over the streets of the City, whether as owner or otherwise, except "driver" as herein defined. Subterminal:Any place other than a terminal in which the drivers or chauffeurs of taxicabs shall receive calls from a dispatcher and such calls are relayed from a taxi terminal or taxi stand, and which shall likewise mean and embrace the space and area used by taxicabs while waiting for passengers. Taxicab: An automobile or motor-propelled vehicle used for transportation of passengers for hire over the public streets of the City, and not over a defined or fixed route, and irrespective of whether the operations extend beyond the City limits, at rates for distance traveled, or for waiting time, or for both, or at rates per hour, per week or per month, which such vehicle is routed to destinations under the direction of the passenger; provided, however, the term "taxicab" shall not apply to motor buses operated within the City under a franchise from the City, over a fixed definite route, nor shall such term apply to motor buses regularly operated in the City along fixed routes to and from points outside the City, nor shall such term apply to motor vehicles operated under a permit or certificate of the railroad commission of the state or the Interstate Commerce Commission. Taximeter:A machine adapted to automatically calculate, at a predetermined rate or rates and to register the charge for hire of a taxicab; and such charges shall be indicated by means of figures. Terminal: The taxi depot at which place the taxicabs shall be housed or parked, and at which place the telephone calls and requests for service shall be made, and at which place a dispatcher shall control the movements of the taxicabs to the points of request for taxicab service; this term shall likewise be synonymous with taxi terminal and shall mean and embrace that space and area of land and buildings off the streets of the City, and upon private property, and shall be and constitute the main office of the owner and taxicab operator. Waiting time: Such time as may be consumed or lost at the special instance and request of a passenger after such passenger has first entered the taxicab to make a trip and before reaching his final destination; and no charge shall b e made against a passenger for any time lost on account of any other delay whatsoever. Sec. 29-41. Permit--Required; contents of application. (a) It shall be unlawful for any person to drive or operate or cause to be driven or operated, any taxicab upon, or over any street in the City, unless and until a permit therefor has been issued by the City. (b) No permit certificate shall be issued by the City until the owner or person in charge or control of such taxicab shall make application in writing to the City for such permit, on blanks to be furnished by the Chief of Police, stating in such application the name of the owner, or person by whom such permit is desired, his street address, the type of motor vehicle to be used as a taxicab, the cubic inch displacement of the engine, the VIN number and license plate number thereof, the seating capacity, according to its trade rating, the owner thereof, and such other relevant information as may be deemed advisable and necessary by the City. (c) Such application shall be signed and sworn to by the applicant. (d) If the applicant for a permit is a corporation, such application shall be made by some duly authorized officer of the corporation, and shall state whether it is a foreign or domestic corporation, its address and place of business, its officers and their addresses, its correct corporate name and a "Certificate of Good Standing" issued by the state agency which issued the corporation charter; if the applicant for a permit is a partnership or association, such application shall be made by some duly authorized officer or agent, of the partnership or association, and shall give the trade name, or partnership name or association name of the partnership or association, together with the names and addresses of the partners. Sec. 29-42. Same--Notice of filing application; determination of public convenience and necessity; issuance; denial; renewal; transferability. (a) If the Chief of Police finds from investigation or hearing that such application shall be denied, the Chief of Police shall immediately give notice to the applicant of such action. (b) It shall be unlawful for the owner of any taxicab to operate the same where a permit has not been issued therefor under the provisions of this article, and a violation of this section shall be sufficient reason to revoke the permit of such owner or operator with respect to any other taxicab. After the application to operate a taxicab or taxicabs upon or over the streets of the City has been granted, in accordance with this article, it shall be the duty of the Chief of Police to issue a permit therefor to such applicant. (c) All permits issued hereunder shall commence January 1 of each year and expire December 31 of such year. (d) Each permit issued hereunder may be renewed from year to year by the holder of such permit provided same has not been canceled by the City for any violation under this article. (e) The permits issued under this article shall be deemed personal to the holder thereof and shall not be transferable or assignable. Sec. 29-43. Same--Fees; based on gross receipts; payment dates. Any person operating any taxicab under a permit granted to it by the City shall pay, at the office of the City Treasurer, in lawful money of the United States, one and one-half (1 '/2) per cent of the gross receipts measured by the total fares collected and other income derived from the operation of the taxicab service, which remittance shall be made monthly on or before the fifteenth day of each calendar month for the preceding calendar month. The compensation provided for in this section shall be in lieu of any other fees or charges imposed by any other ordinance now in effect and such charge is made in accordance with Texas Transportation Code, Article 502.003 (or succeeding statute), and such one and one-half(1 '/2) per cent gross receipts permit fee is made in lieu of a street rental charge, but such charge shall not release the permit holder from the payment of ad valorem taxes levied or to be levied on property used in the taxicab business. Sec. 29-44. Same--Statement of receipts; bookkeeping; failure to file statement or pay fee. It shall be the duty of each permit holder to file a sworn statement showing the receipts for the month with the Chief of Police and the City Treasurer within fifteen (15) days after the end of each month. The permit holder shall be required to install and adequately maintain a system of bookkeeping which is subject to the approval of the finance officer of the City, which books shall be subject to inspection of such person as the City Manager may designate, to verify the accuracy of amounts that may be due the City. Any neglect, omission or refusal by the permit holder to file such verified statement or to pay the required percentage of the gross receipts at the time and in the manner herein provided shall act as a forfeiture of such permit. Sec. 29-45. Same--Cancellation unless taxicab operated for twenty days of each month. Every permit held under the provisions of this article by the owner or operator of a taxicab may be canceled, unless taxicabs are operated thereunder in accordance with the provisions of this article on at least twenty (20) days out of each calendar month. Sec. 29-46. Withdrawing and substituting taxicabs. If at any time any taxicab, which has been regularly licensed under the provisions of this article, is to be withdrawn or replaced by another and different motor vehicle, the same may be done after making written application to the Chief of Police and securing approval thereof. Such approval shall be based upon the Chief of Police having a complete record of such substitution and being satisfied that all rules and regulations of this article have been complied with; provided, upon refusal of the Chief of Police to approve said application, the applicant may within ten (10) days thereafter, appeal in writing to the City Manager (or his designee). Sec. 29-47. Insurance. Before any permit shall be granted or renewed under this article, the operator shall obtain and file with the Chief of Police a public liability insurance policy in the standard Texas form covering each automobile to be operated by such operator of a taxicab with minimum amounts of liability coverage thereunder as required pursuant to Texas Transportation Code, Article 601.072 (or succeeding statute). Such insurance policy shall be issued by a casualty insurance company authorized to do business in the state, with an agent within the City, and shall be for the protection of any member of the public who might be injured or whose property might be damaged by the operation of such taxicab. Such policy shall be maintained in full force and effect by the operator of taxicabs covering each taxicab licensed by a permit under this article. A copy of such insurance or a certificate evidencing such insurance shall be provided to the Chief of Police. Sec. 29-48. Ad valorem taxes--Payment required, delinquency causes revocation of permit. It shall be the duty of every owner of a taxicab that is operated in the City to pay all ad valorem taxes assessed by the City against such vehicle and other equipment used in such business, and a failure to pay such ad valorem taxes before they become delinquent shall operate as a revocation of the permit issued in accordance with this article. Sec. 29-49. Same--Operation without payment unlawful. persons No owner or operator of taxicab shall engage in the transportation of p sons by taxicab at any time within the City when the ad valorem taxes assessed against his taxi terminals, stands, taxicabs or taxicab equipment, is delinquent. Sec. 29-50. Condition of vehicle; inspections. (a) Before any owner or operator of a taxicab allows any of his taxicabs to be operated upon any street within the City it shall be inspected to determine whether such vehicle is in a safe condition to be operated as a taxicab. (b) The inspection of such taxicab shall be made by the Chief of Police or by any competent mechanic that the Chief of Police might designate. (c) No taxi cab shall be given a permit unless that taxi cab has a valid motor vehicle inspection sticker. Taxi cab permits issued to taxi cabs shall be valid only so long as the vehicle has affixed to it a valid motor vehicle inspection sticker. (d) Upon notifying the owner or operator of such taxicab that it is not in a safe condition, the same shall not be used as a taxicab until the defects found are corrected and such taxicab is reinspected and found that it is in a safe condition by the Chief of Police or such mechanic, who shall paste a paper seal of a type and design approved by the Chief of Police upon the windshield of such vehicle certifying that the taxicab was approved by such inspector. No taxicab shall be operated in the City without such a valid approval seal attached thereto. (e) At no time shall any taxicab that is found to be unsafe by the Chief of Police, or mechanic designated by the Chief of Police, be operated over the streets of the City. (f) Nothing herein, however, shall prevent the City from inspecting any taxicab at any time and if the City, through its agents or employees, should find that it is in a defective condition, the Chief of Police shall order the use of such taxicab discontinued until the same is approved. Sec. 29-51. Chauffeur's license. (a) It shall be unlawful for any person to drive or act as a chauffeur of a taxicab within the City, without having secured a chauffeur's license duly issued to such person by the Chief of Police. (b) Each applicant for a chauffeur's license shall be a citizen of the United States, at least eighteen (18) years of age prior to the filing of his application for a chauffeur's license. (c) Any person desiring to drive or act as chauffeur of a taxicab in the City shall file application for a chauffeur's license with the Chief of Police at the police station on application forms to be furnished by the Chief of Police. Such forms shall provide for the applicant's name, age, present address, last place of employment, whether the applicant has been convicted of a violation of a motor vehicle traffic or criminal law of the City or the state, with a space sufficient for particulars concerning such violation, if any, and the length of time the applicant has driven a motor vehicle. (d) After filling in the above described form, the applicant shall sign same and shall swear to the truthfulness of the answers made in such application before a notary public. After such application has been duly sworn to, the applicant shall present such application to the Chief of Police at the police station, together with an affidavit from two (2) reputable citizens of the City, stating the applicant to be a trustworthy, sober and reliable person, of good moral character, and that such applicant is competent to operate a taxicab, and such application shall also be accompanied by a certificate from a reputable physician of the City, showing that such applicant, has no ailment which would prevent such applicant from safely operating a taxicab. (e) Upon receipt of any application for a chauffeur's license, the Chief of Police shall satisfy himself that such applicant is qualified to operate a taxicab in the City. After the Chief of Police has examined the application and affidavits and doctor's certificate accompanying the application and has investigated the applicant for his ability to properly operate a taxicab within the City; he shall either grant such application or refuse same. If the Chief of Police refuses any application, he shall notify the applicant either personally or at the last address given in such application. The applicant may appeal from the decision of the Chief of Police by giving notice in writing to the City Manager (or his designee) within ten (10) days after notification. In the event such applicant appeals to the City Manager (or his designee) for a license, the City Manager (or his designee) shall notify the applicant of the date the hearing on his application will be heard, and shall hear the appeal of such applicant for a chauffeur's license. r,`:er receiving the evidence in connection therewith, the City Manager (or his designee) shall either refuse or approve such application. In the event the City Manager (or his designee) approves the application, the City Manager (or his designee) shall order the Chief of Police to issue a license to such applicant. (f) If the application of a person is granted either by the Chief of Police or by the City Manager (or his designee), the Chief of Police shall immediately notify such applicant by letter addressed to such applicant at the last address shown on the application. Within three (3) business days after the postmark date of such letter, the applicant shall furnish the Chief of Police two (2) recent, true photographs of such applicant, such photographs to be not less than one and one-half (1 '/z) inches by one and one-half (1 '/2) inches, nor greater than two (2) inches by two (2) inches, in size, one of which photographs shall be retained by the Chief of Police with the application, affidavits, doctor's certificate and any other information on file, to be kept by the Chief of Police as a permanent record. The other picture shall be firmly affixed to the license to be issued to the applicant. The license issued to such person shall be numbered, shall state the year for which such license is issued. Such license shall further state the name, address, age, height, weight and color of eyes and hair, and state that the party named on such license, whose picture is shown on the face thereof, is a duly licensed driver of a motor vehicle in the City, and such license shall further provide a space for the signature of the licensee, which signature shall be affixed on the license in the presence of the Chief of Police at the time such license is delivered to the licensee. All licenses shall be signed by the Chief of Police. (g) License shall be kept by the licensee under a celluloid cover, while such licensee is driving or acting as a chauffeur of a taxicab, so as to be easily seen by all passengers in such vehicle. (h) It shall be a violation of this section for any person holding a chauffeur's license hereunder to fail to have same displayed in the manner stated in subsection (g) at all times in the motor vehicle which he is driving and of which he is acting as chauffeur. (i) All licenses issued by the Chief of Police under this section shall expire on the thirty-first day of December of the year in which same are issued. It shall be a violation of this section to drive a taxicab with a chauffeur's license displayed which has expired. iji) Any chauffeur's license issued by the City under the terms of this section may be either revoked or suspended b the Chief of Police for a violation of the ordinances P Y of the City or the traffic laws of the state by the holder of such license, and such license may also be revoked or suspended if the holder thereof is negligent or careless in the operation of a taxicab. Upon revoking or suspending any license the Chief of Police shall notify in writing the licensee whose license is revoked or suspended, and the Chief of Police shall immediately take up such license so revoked or suspended. Within ten (10) days after revocation or suspension of the license, the party vi,hose license had been revoked or suspended may appeal to the City Manager (or his designee) for reinstatement. The City Manager (or his designee) shall give the party so appealing a hearing, and after a hearing, shall either sustain or reverse the action of the Chief of Police in revoking or suspending such license. If the action of the Chief of police is sustained by the City Manager (or his designee), the revocation or suspension of such license shall stand. If the action of the Chief of Police is reversed, the license shall be returned to such licensee immediately (k) It shall be a violation of this section for any person to employ or permit a person to drive a taxicab owned by such person, who does not have a valid chauffeur's license issued by the Chief of Police for the current year, and such owner of such a vehicle shall require such driver to produce a chauffeur's license issued by the City for the current year. Upon employing a driver for a taxicab the person owning such vehicle or the agent thereof so employing, shall immediately notify the Chief of Police of the name of such driver and the license number of the license which such driver holds. If a driver of a taxicab is discharged or otherwise leaves the employ of the person owning such vehicle, such person shall immediately notify in writing the Chief of Police of any dismissal. Upon receipt of such a notice, the Chief of °olice shall investigate the reasons for such dismissal, and after completing such investigation may, if he deems it advisable, revoke or suspend the license of the driver so dismissed. Such licensee may appeal from the action of the Chief of Police to the City Manager (or his designee) who shall either sustain or reverse the action of the Chief of Police. (1) It shall be a violation of this section for any person owning one or more taxicabs to keep in his employment for the driving of such vehicle any person whose license issued by the City has been either revoked or suspended. (m) A licensee may renew his license upon expiration thereof by filing with the Chief of Police an application for renewal upon forms to be furnished by the Chief of Police, and shall furnish two (2) recent photographs of himself of the dimensions heretofore set out in subsection (f), and shall furnish a certificate from a physician of the City showing that he is physically capable to safely operate a motor vehicle for hire. (n) No fee shall be charged for the issuance of any chauffeur's license or a renewal thereof by the City. Sec. 29-52. Rates and fares--Amounts; regulations. (a) Authority to fix. The City Council shall have the right to change or establish the rates and fares to be charged by taxicabs in the City at any time it deems necessary. (b) Schedule. Unless otherwise changed by the City Council, the following taxicab rates and fares shall be effective in the City: (1) The rate or fare of either one or two (2) passengers shall be two dollars ($2.00) for the first one-tenth (1/10) mile or fraction thereof and ten cents ($0.10) for each one-tenth (1/10) mile or fraction thereof traveled thereafter. The rate for additional passengers shall be one dollar ($1.00) per passenger, not to exceed the vehicle's maximum seating capacity, according to trade rating. (2) For each one minute of waiting time consumed by the taxicab at the instance of the passenger, the rate shall be twenty-five cents ($0.25). (3) Whenever a taxicab is engaged on an hourly basis, whether for one or more passengers, the rate or fare shall be fifteen dollars ($15.00) for each hour. For each quarter hour in excess of each completed hour, the rate shall be three dollars seventy-five cents ($3.75) for each quarter hour the taxicab is so engaged. (c) Posting.There shall be posted, in a conspicuous place in a frame with a transparent cover, on the inside of each taxicab, a card showing the rates herein prescribed; such card shall be posted in a place easily discovered and read by any passenger riding in such taxicab. Sec. 29-53. Same--Refusal of passenger to pay. It shall be unlawful for any passenger to refuse to pay the legal fare due by him for the use of any taxicab mentioned in this article, after having hired the same; and any person who hires any taxicab with the intent to defraud the person from whom it is hired and, after using the same, fails or refuses to pay any taxicab fare due by him shall be guilty of a misdemeanor. Sec. 29-54. Taximeters--Required. All holders of permits for taxicabs operating upon the streets in the City shall install and equip each taxicab with a taximeter, which taximeter shall be set upon the rates hereinabove established in this article, and such taximeters shall be subject to inspection at any time by the City or its employees. Sec. 29-55. Same--To be in operation while conveying passengers. No taxicab shall be operated at any time with a passenger unless the meter on the taxicab is correctly operating and showing the rates that are being charged. If at any time the taximeter stops or fails to operate or is operating incorrectly, it shall be the duty of the operator of the taxicab to immediately take such taxicab to its terminal and not operate the same until the meter has been fixed and adjusted. Sec. 29-56. Terminals; required; soliciting at stations prohibited; remaining in cab at subterminals. (a) Every operator of a taxicab shall maintain within the City an off-street terminal of sufficient size to accommodate all of the owner's taxicabs. Subterminals at hotels, depots and other places shall be designated by the director of traffic and transportation or other designated official. (b) When any taxicab is at any public carrier depot within the City it shall be unlawful for the driver or person in charge thereof to leave the same and enter the depot or go upon the sidewalk or private property of any railroad company, air field or bus station for the purpose of soliciting the transportation of any passenger arriving on the trains, buses or airplanes at the depot. (c) The drivers of taxicabs using subterminals shall remain seated in their vehicles at all times while such vehicle is at a public stand; provided, however, such drivers may leave their vehicles when actually necessary to assist passengers to enter or leave same, or in any case of accident, necessity or emergency beyond the control of such driver. (d) The form and type of a terminal shall be of such a nature as best meets public convenience and necessity and affords a safe, sanitary and lawful operation of transportation by taxicabs. The site, location, type of proposed buildings and the sanitary conditions of the taxi stand shall be reflected in an application to the Chief of Police. The equipment, site and place of a terminal must be found by the director of traffic and transportation or other designated official to best meet public convenience and necessity prior to an authorization to a permit holder to operate such terminal. An affirmative finding in favor of applicant, reflecting adequate sufficiency of the place of any off-street terminal shall be considered as having an established prima facie case thereon, upon its appearing within the application that the operator of taxicabs is presently operating for his own exclusive use such off- street terminal now being operated in the commercial areas of the City. Sec. 29-57. Signs; numbering; lettering. Every taxicab shall have printed on each side and in the rear of such taxicab the name of the owner or the assumed name under which the owner operates, together with the company's telephone number and the cab number. All of the lettering mentioned in this section shall not be less than two and one-half (2 '/2) inches in height and not less than five-sixteenths of an inch in stroke and such paint shall be either enamel or oil paint that will weather the elements, and shall be kept legible at all times. Sec. 23-58. Maximum load. No driver or owner of any taxicab, licensed under the provisions of this article, shall permit or allow more than six (6) persons to ride in such taxicab; and in no event shall more than two (2) persons, in addition to the driver, be permitted to ride in the front seat of such taxicab, and then only if the number of passengers makes it necessary. Sec. 29-59. Persons permitted to ride; picking up additional passengers. No taxicab driver shall permit any other person to occupy or ride in such taxicab except a passenger for hire or an employee of the taxicab service by whom the driver is employed. Unless the person first employing the taxicab shall consent, no additional picked u to ride in a taxicab on the same trip. passengers shall be p p or permitted p. Sec. 29-60. Maximum driving hours. It shall be unlawful for the driver of any taxicab to be in charge of the same continuously for more than twelve (12) hours, and no owner of any taxicab shall permit any driver of any taxicab to be or, continuous duty, as a driver, for a greater period than twelve (12) hours. Sec. 29-61. Cruising. No driver shall cruise at any time, and whenever a taxicab is unoccupied the driver shall proceed at once by the most direct route to the garage where the vehicle is housed or to the nearest stand; or if dispatched by radio, it shall proceed at once by the most direct route to the place directed b., the radio dispatcher. Sec. 29-62. Soliciting patrons--By calling out to any person. It shall be unlawful for any person to speak or to call out in a loud manner "taxicab," "automobile for hire," "hack," "carriage," "bus," ''baggage," or ''hotel," or in any manner attempt to solicit passengers at any passenger depot or upon any passenger depot platform, grounds or premises of any public carrier, or upon any sidewalk or street in front of any passenger depot of any public carrier within the City. Sec. 29-63. Same--By driver. It shall be unlawful for any d, ver or operator of any taxicab or for any other person to seek or solicit patrons or passengers for any such taxicab by word or by sign, directly or indirectly, while driving any taxicab over, through, or on, any public street or public place of the City, or while same is parked on any public street or alley of the City, or to repeatedly or persistently drive any taxicab through, over, or on, any public street or place response to calls b patrons for such taxicab or while actually of the City, except in resp y p ally transporting passengers therein. Sec. 29-64. Property left in cabs. All drivers of taxicabs shall promptly deliver to the police department all property left in such vehicles by passengers. When articles left in taxicabs have been delivered to the office of the Chief of Police, he shall make an entry of the fact and shall keep all such articles until claimed by the owner, or disposed of as authorized by statute. Section 2. That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason 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 the City of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 1999. - Mayor - 12 October 5, 1999 Consider an ordinance requiring Entergy/Gulf States to book and suspense revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative ti 7LJ71J City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Lane Nichols, City Attorney MEETING DATE: September 28, 1999 AGENDA MEMO DATE: September 21, 1999 REQUESTED ACTION: Ordinance requiring Entergy/Gulf States to book and suspense revenues from the River Bend Nuclear Plant associated with the bankruptcy of Cajun Electric Co-Operative RECOMMENDATION Because Entergy/Gulf States (EGS) believes that it may sell 30% of the power from River Bend as if it were unregulated, the Steering Committee of cities that oversee electric maters for EGS recommends that cities pass an ordinance requiring EGS to book those revenues so they can be held in a suspense account pending a regulatory determination of their disposition. The PUC has agreed to address this question at a later date. The administration agrees with the Steering Committee and recommends that the ordinance attached to this request be adopted by the City Council. BACKGROUND On September 8, 1999, EGS filed its third fuel surcharge case since 1978. Those filings were as follows: 1. In December, 1998, the PUC approved a fuel surcharge of One-Hundred and Twelve- Million ($112,000,000) Dollars without any inquiry to the reasonableness of the amount under a law that allows such a surcharge every six months. The cost associated with the $112,000,000 covered the period July 1, 1996 through June 30, 1998. These costs are being collected on bills at this time. 2. They filed a reconciliation case this year which was designed to determine the reasonableness of the $112,000,000 surcharge obtained in the December, 1998 filing. However,