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HomeMy WebLinkAboutPACKET FEB 6 2007 V~ • City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 6,2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Approve the sale of City-owned surplus property located at 975 Wall Street A 10" City Council Agenda Item A � TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 30, 2007 REQUESTED Q ACTION: Consider approving the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of one (1) house, which is City-owned surplus property to the individual listed below for a total sum of$300. BACKGROUND The house and parcel of land at 975 Wall Street was obtained by the City of Beaumont through negotiation for the construction of the MLK Park. Bids were received Thursday, January 18, 2007 for the sale of City-owned surplus property. The apparent high bidder withdrew his bid. The description and the bidders for this property are listed below: House Only Address: 975 Wall Street Beaumont, TX The bids received are listed below: Bidder Amount Bid Ralph Tuck $1250.00 S &S Housemovers, Inc. " $300.00 BUDGETARY IMPACT Payments to the City for this property will be deposited in the General Fund. s RESOLUTION NO. WHEREAS, on January 18, 2007, the City of Beaumont received bids for the sale of City-owned surplus property; and, WHEREAS, the City of Beaumont received a bid from S & S Housemovers, Inc., in the amount of $300 for the below described surplus property: House Only Address: 975 Wall Street Beaumont, TX; and, WHEREAS, the land is no longer needed for the use of citizens as a road, nor does it have a potential for park, conservation, recreation or similar purposes; and, WHEREAS, the City of Beaumont wishes to sell the above property as shown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a Special Warranty Deed for the sale of the above-described property. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of February, 2007. - Mayor Guy N. Goodson - • L City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS FEBRUARY 6,2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1-6/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Chapter 2 of the Code of Ordinances 2. Consider amending Chapter 2 1/4 of the Code of Ordinances 3. Consider amending Chapter 2 '/Z of the Code Ordinances 4. Consider approving the purchase of asphaltic concrete for use by the Streets and Drainage Division S. Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-M Project for"extra work" 6. Consider approving a contract for temporary personnel services WORKSESSION * Review and discuss the status of the Gilbert Building * Review and discuss the possibility of placing on the May 12, 2007 Ballot the sale • of three vacant and surplus park properties COMMENTS Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * As authorized by Section 551.087 of the Government Code, discuss and consider authorizing the City Manager to execute a Confidentiality Agreement on behalf of the City of Beaumont with the Greater Beaumont Chamber of Commerce, Jefferson County and a business entity considering Jefferson County as a site for new business expansion Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting, � 1 February 6,2007 Consider amending Chapter 2 of the Code of Ordinances i ..o, City Council Agenda Item A c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 31, 2007 REQUESTED ACTION: Council consider amendments to Chapter 2 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 2 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan,proposed changes to Chapter 2, related to Administration, were provided to the City Council for review. In addition to the changes previously proposed, staff is recommending that Chapter 2-54,related to the Drug-free Beaumont Commission, be amended as indicated in the attachment. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 2 ADMINISTRATION* *Editor's note: Ord. No. 84-163, § 1, adopted Dec. 11, 1984, amended the Code by repealing former Ch. 2, administration, and enacting in lieu thereof a new Ch. 2, §§ 2-1-- 2-48 to read as herein set out. Prior to repeal, former Ch. 2 was derived from the 1958 Code, §§ 2-3--2-5, 2-9--2-9.5, 2-10, 2-11, 2-13, 2-14, 29-2.1--29-2.4, 42-2, 42-5, 42-6 and the following legislation: TABLE INSET: Ord No. Date Section 75-62 10-7-75 1 76-27 2-24-76 1 76-63 5-18-76 1 76-70 6-8-76 1 77-97 9-6-77 1 77-98 9-6-77 1 80-76 7-29-80 1 80-83 8-19-80 1 TABLE INSET: Ord No. Date Section 80-112 11-4-80 1 81-12 2-17-81 1,2 82-29 3-23-82 1 83-03 1-18-83 1,2 83-92 8-23-83 1 83-93 8-30-83 1-3,5--7 84-43 320-84 2-7 84-88 4-264 2-6 Cross references: Flood control board, § 6-34 et seq.; electrical board of review, § 6- 70 et seq.; plumbing and mechanical board of review, § 6-140 et seq.; housing board of appeals, § 14-6; fair housing administrator, § 14-32; parks and recreation committee, § 20-2; firemen's and policemen's civil service commission, § 21-72; zoning board of adjustment, § 30-37. Art. I. In General, §§2-1--2-3.3 Art. II. Departments, Divisions and Organization,§§24--2-27 Art. III. Boards, Commissions and Other Committees, §§2-28-2-60 Art. IV. Restrictions on Certain Business Transactions, §§2-61--2-80 Art.V. City Records, §§2-81-2-104 Div. 1. Generally, §§2-81--2-90 Div.2. Records Management Program,§§2-91--2-104 ARTICLE I. IN GENERAL Sec. 2-1. Officers and their duties. The officers of this city shall be such as are provided for in the city charter and the ordinances of the city, and they shall perform the duties as are therein provided. It is the intention of the city council in the enactment of this chapter to provide exclusively for the city's administrative chain under the direction of the city manager. All administrative offices or responsibilities not established by this chapter or by the charter, and which are not otherwise specifically assigned to a department created by this chapter, shall be deemed to be offices under the direct supervision and control of the city manager, and he may assign same, at his discretion, to any department or division created by this chapter. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-2. Transfer of employees between departments and divisions authorized. In order to expedite the work of any department and to administer an increase in duties which may evolve upon any department, or to cope with periodical seasonal changes, the city manager is hereby empowered to transfer employees temporarily from one department to perform similar duties in another department. Similarly, each department director shall have the power to transfer employees from one division to another within his department. This section shall not be construed to permit transfers of employees in violation of civil service law. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-3. Reserved. Editor's note: Section 2-3, pertaining to microfilming of public records, has been redesignated as § 2-84 for purposes of classification. Sec. 2-3.1. City attorney's office to settle general liability claims; maximum amount. The city attorney's office is hereby authorized to negotiate and/or settle any general liability claim or lawsuit in an amount not to exceed two thousand five hundred dollars ($2,500.00) per occurrence. A claim or lawsuit involving property damage only may be settled by the city attorney's office with the concurrence of the city manager in an amount not to exceed ten thousand dollars ($10,000.00) per occurrence. (Ord. No. 86-116, § 1, 11-25-86; Ord. No. 96-48, 9-3-96) Sec. 2-3.2. Run-off elections. Run-off elections in the City of Beaumont shall be held en the + + the seeend In accordance with the Texas Election Code, as amended (Ord. No. 87-94, § 1, 12-22-87) Editor's note: 87-94, § 1, adopted Dec. 22, 1987, did not specifically amend the Code, hence inclusion herein as § 2-3.2 was at the discretion of the editor. Sec. 2-3.3. Reserved Procedure for pureh _)ntraeting for supplies-, it 1 materials, equipment, and supplies, f and sef�viees when the funds te be used fe, -aid PUFehase have the City ef Beaument. f plaee and time mss-set,-eut in the adveFti f ftir bads. All b,ds f f supplies, f Editor's note: Ord. No. 74-12, § 1, adopted February 5, 1974, did not specifically amend the Code; hence, inclusion herein as § 2-3.3 was at the discretion of the editor. ARTICLE II. DEPARTMENTS, DIVISIONS AND ORGANIZATION Sec. 2-4. Establishment of departments and divisions. The departments and divisions of the city shall be those which are established and adopted from year to year in the fiscal budget of the city, except, however, in accordance with the Charter, there shall be a finance department. The duties of each department shall be those which are set out in the fiscal budget of the city and may be amended by the city manager. In accordance with the Charter of the city, the city council may, by ordinance, discontinue any department or office and may prescribe, combine, distribute or abolish the functions and duties of any and all departments and offices other than the finance department. (Ord. No. 86-98, § 2, 9-23-86) Secs. 2-5--2-22.1. Reserved. Editor's note: Section 1 of Ord. No. 86-98, enacted Sept. 23, 1986, repealed former §§ 2-4--2-22.1, all of which pertained to various departments of the city and derived from the following ordinances: Ord. No. 84-163, § 1, enacted Dec. 11, 1984; Ord. No. 85-98, §§ 1, 2, enacted Sept. 24, 1985; Ord. No. 86-49, § 2, enacted May 20, 1986; Ord. No. 86-77, § 1, enacted July 29, 1986. Sec. 2-23. Interlocal police assistant--Authority of police chief. Pursuant to the provisions of Article 999b, Vernon's Annotated Civil Statutes, the chief of police of the city is authorized to assign regularly employed law enforcement personnel of his department to assist any other county or municipality in this state, when a state of civil emergency in such other county or municipality has been declared by proper authority, upon request by such proper authority, and when, in the opinion of such proper authority, a need exists in such other county or municipality for the services of additional law enforcement officers to protect the health, life and property of such other county or municipality, its inhabitants and the visitors thereto, by reason of riot, unlawful assembly characterized by the use of force and violence, or threat thereof by three (3) or more persons acting together or without lawful authority, or during time of natural disaster or man-made calamity. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-24. Same--Supervision and power of assigned officer. Whenever any law enforcement officer of any other county or municipality is assigned to the city, under authority of an order adopted by the governing body of such other county or municipality, to assist under circumstances as described above which may exist in this city, such officer shall be a peace officer of this city and shall be under the command of the chief of police of this city, while so assigned, and he shall have all the powers of a regular law enforcement officer of this city as fully as though he were within the county or municipality where regularly employed and his qualification for office where regularly employed shall constitute his qualification for office in this city, and no other oath, bond or compensation shall be made. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-25. Same--Compensation and benefits to officer. When any law enforcement officer of this city is ordered by proper authority to perform peace officer duties outside the territorial limits of this city, he shall be entitled to the same wage, salary, pension and all other compensation and all other rights for such service, including injury or death benefits, the same as though the service had been rendered within this city, and he shall also be paid for any reasonable expenses of travel, food or lodging, as well as for damage to equipment and clothing, and medical expenses which he may incur while on duty outside this city, or while traveling to or from such assignment. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-26. Same--Reimbursement to city or county. When any law enforcement officer is assigned to this city from another county or city under the circumstances described above, and upon request of the proper authority of this city, this city will, upon proper request, reimburse the county or city furnishing the services of such law enforcement officer for his actual expenses of travel, food, lodging and for such cost of damage to equipment and clothing resulting from the services of such law enforcement officer in this city and for which the county or city where he is regularly employed has paid. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-27. Fire department; established; chief, functions. There is hereby established the fire department, the director of which shall be the fire chief. The fire department shall be responsible for the sole command of fires and all persons within the vicinity of fires; for taking proper measures to extinguish fires; for the protection of property from fires; for the preservation of order and observance of laws, ordinances and regulations relating to fires and the prevention of same; and the inspection of oil and gas installations. The fire department shall perform such other duties and functions as may be delegated to it from time to time by the fire chief or the city manager. (Ord. No. 84-163, § 1, 12-11-84; Ord. No. 01-022, § 1, 3-20-01) ARTICLE III. BOARDS, COMMISSIONS AND OTHER COMMITTEES See. 2-28. Reserved. Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by repealing former § 2-28. Former § 2-28 pertained to the airport advisory committee; and derived from Ord. No. 84-163, adopted December 11, 1984. Sec. 2-29. Minimum standards for conduct of commercial aeronautical services adopted by reference. The minimum standards and requirements for the conduct of commercial aeronautical services and activities, minimum standards and requirements for fixed base operator activities and minimum standards and requirements for specialized aviation activities as attached hereto as Exhibit "A" and made a part hereof as if copied verbatim herein are hereby adopted by the city council. (Ord. No. 84-163, § 1, 12-11-84) Editor's note: The standards and requirements referred to in § 2-29 as Exhibit A are not set forth herein, but are on file and available for inspection in the office of the city clerk. Sec. 2-30. Reserved. Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by repealing former § 2-30. Former§ 2-30 pertained to the senior citizens advisory commission; and derived from Ord. No. 84-163, adopted December 11, 1984; and Ord. No. 91-13, adopted February 19, 1991. Sec. 2-31. Planning and zoning commission--Created; members; vacancies; compensation. (a) There shall be a planning and zoning commission, which commission shall be composed of nine (9) members and three (3) alternate members, whose offices are hereby created and established. (b) The members of the city planning and zoning commission shall be resident citizens and qualified voters of this city. The members of the city planning and zoning commission shall be appointed by the city council. The Mayor shall appoint three members and each Councilmember shall appoint one The alternate members are to be appointed by the mayor subject to the approval of the city council. The term of office of each commissioner shall be for three (3) years or until a successor is appointed. The city council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one (1)year. (c) Vacancies occurring on the city planning and zoning commission shall be filled by appointment by the city council for the unexpired term of the commissioner being replaced. (d) The members of the city planning and zoning commission, in the performance of their duties as such, shall serve without compensation. (Ord. No. 84-163, § 1, 12-11-84; Ord. No. 03-036, § 1, 5-6-03) Cross references: Heliports and helistops generally, 2 1/4-21 et seq.; streets and sidewalks, Ch. 23, subdivision regulations, Ch. 24; zoning, Ch. 30. Sec. 2-32. Same--Powers and duties. The city planning and zoning commission shall have the following powers and duties: (1) Studies and plans for improving city. To make studies and project plans for the improvement of the city, appeaFaneeTand to perform all duties imposed upon the city planning and zoning commission by the statutes of the state,and spesifieally by GhapteF 231, Aets ef the Regular Session ef the 40th LegislatuFe ef Texas, 1927, the same being AFtiele 974a, Vefflen's Annotated GM4 Statutes. and the Charter of the City of Beaumont. (2) Making plans and maps. To make plans and maps of the whole or any portion of the city and of land outside the city located within five (5) miles of the city limits and of any other land outside the city which in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to and extensions of such plans or maps when it deems same advisable. (3) Advise property owners. To confer with and advise private property owners pertaining to location and erection of private structures with the view of having same conform to the overall city plan_ and to advise the building inspeeteF in the peffeFFnanee ef his duties-. �4) Akling and assisting eeuRed en budgets and funds. Te aid and assist the ru,p;,scs he (6) Assisting other- ge�,ernrnental ageneies. Te aet with and assist all et (6) Street, park and buRding plans. Te plan and Feeemmend the , , , , utilities. , tfie-e+ty'ssystem, pFesent and-UtUFeef-be!eVaFds, stFeets, avenues-, alle)Pways, parks and . (8) Reports on new subdivisions. To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within five (5) miles of the city limits, and to approve all plans, plats or replats of additions within the city limits, or within five (5) miles of the city limits. (9) Recommending rules for platting and subdividing. To recommend to the city council for adoption and promulgation rules and regulations governing plats and subdivisions of land within the corporate limits of the city or within five (5) miles of the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, orderly and healthful development of such community. Such rules and regulations may be adopted by the city council only after public hearing held thereon. , n devising, establishing, , i eleeting, expanding and (11) Zone boundaries. The city planning and zoning commission shall have the power to recommend the boundaries of the various original districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations, and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the city council and to perform all other duties and statutes of the state, and specifically by Chapter 283, Acts of the Regular Session of the 40th Legislature of Texas, 1927, the same being Articles 1011 a to 1011 j, Vernon's Annotated Civil Statutes. iJ12) Slum elearenee. Te suggest plans for elearing the eity of slums and blighted aFeas, (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-33. Same--Organization, meetings. The city planning and zoning commission shall, subject to the approval of the city council, make such rules and regulations and adopt such bylaws for its own government and designate such times and places for holding meetings as it deems proper. Five (5) regular and/or alternate members of the city planning and zoning commission shall constitute a quorum for the transaction of business. (Ord. No. 84-163, § 1, 12-11-84; Ord. No. 03-036, § 2, 5-6-03) Sec. 2-34. Community development advisory committee--Established. There is hereby established a community development advisory committee to be composed of fifteen (15) members who are resident citizens of the city. The members of the community development advisory committee shall be appointed by the city council for two-year terms. The mayor shall appoint three members and each councilmember shall appoint two. The city council shall name one of the members as chairman and one as vice-chairman. Vacancies shall be filled by the city council for the unexpired term. Members of the committee shall serve without compensation. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-35. Same--Secretary. The diFeeter ef planning and zenin City Manager or his designee, shall serve as secretary of the committee without vote. The duties of the secretary will be as follows: (1) To serve as a nonvoting member; (2) To attend all meetings of the committee and of its appointed committees; (3) To maintain a record of all activities of the committee; (4) To provide the committee with all information necessary for the performance of its duties; (5) To submit a proposed agenda to the committee chairman and members; (6) To invite the participation of the interested parties concerned with topics of the agenda; (7) To coordinate the attendance of staff personnel of the city; (8) To introduce items on the agenda and present applicable information as shall be necessary to aid in resolving problems; (9) To provide such clerical-administrative support as is required by the committee; (10) To arrange for all meetings to be held as directed by the chairman of the committee. (Ord. No. 84-163, § 1, 12-11-84) Sec. 2-36. Same--Duties and responsibilities. The duties and the responsibilities of the community development advisory committee shall be as follows: (1) To act as an advisory board to the city council and the city manager; (2) To recommend objectives to the city for the community development block grant program; (3) To assist the city council and the city manager's staff in planning for a continuing program of community development; with regular Fneetings te be he'd net less than enee eveFy ealendaF , (5) To keep the city council and the city manager's staff informed of current trends and to recommend changes and improvements which will update the community development and housing assistance plan; _(6) Te study the needs ef the eity and make reeeniniendatiens te the e't (Ord. No. 84-163, § 1, 12-11-84 Sec. 2-37. Emergency management; director; organization of program. (a) Office of director. There exists the office of emergency management director of the city, which shall be held by the mayor in accordance with state law. (b) Emergency management coordinator. An emergency management coordinator shall be appointed b and serve at the pleasure of the director. Y p tor. (c) Responsibility for emergency management program. The director shall be responsible for a program of comprehensive emergency management with the city and for carrying out the duties and responsibilities set forth in Ordinance No. 87-25 [sections 2-37 through 2-44]. He may delegate authority for execution of these duties to the coordinator. (d) Emergency management organization; composition; functions and duties. The operational emergency management organization of the city shall consist of the officers and employees of the city so designated in the emergency management plan, as well as organized volunteer groups. The functions and duties of this organization shall be distributed among such officers and employees in accordance with the terms of the emergency management plan. (Ord. No. 87-25, § 1, 4-14-87) Editor's note: Ordinance No. 87-25, § 1, adopted April 14, 1987, repealed former§§ 2-37--2-48, which sections pertained to the civil defense council and derived from Ord. No. 84-163, § 1, adopted Dec. 11, 1984. Section 2 of Ord. No. 87-25 enacted new provisions designated as §§ 2-37--2-44 to read as herein set out. Sec. 2-38. Emergency management director; powers and duties. The duties and responsibilities of the emergency management director shall include the following: (1) Conduct an on-going survey of actual or potential hazards which threaten life and property within the city and an on-going program of identifying and requiring or recommending the implementation of measures which would tend to prevent the occurrence or reduce the impact of such hazards if a disaster did occur. (2) Supervision of the development and approval of an emergency management plan for the city, and shall recommend for adoption by the city council, all mutual aid arrangements deemed necessary for the implementation of such plan. (3) Authority as the mayor to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk. (4) °,.eengw end the 'Issuance of necessary proclamations, regulations or directives during times of declared emergency which are necessary for carrying out the purposes of sections 2-37 through 2-44. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring its contents to the attention of the General public and, unless circumstances attendant on the disaster prevent or impede, promptly filed with the city secretary. (5) Direction and control of the operations of the Beaumont Emergency Management Organization as well as the training of emergency management personnel. (6) Determination of all questions of authority and responsibility that may arise within the emergency management organization of the city. (7) Maintenance of liaison with other municipal, county, district, state, regional or federal emergency management organizations. (8) Marshaling of all necessary personnel, equipment or supplies from any department of the city to aid in the carrying out of the provisions of the emergency management plan. (9) Coordination and review fog the drafting and execution of mutual aid agreements, in cooperation with the representatives of the state and of other local political subdivisions of the state, and the drafting and execution, if deemed desirable, of an agreement with the county in which said city is located and with other municipalities within the county, for the countywide coordination of emergency management efforts. (10) Supervision and procurement of all necessary supplies and equipment, including acceptance of private contributions which may be offered for the purpose of improving emergency management within the city. (11) Authorizing of agreements, after approval by the city attorney and city council for use of private property for public shelter and other purposes. (12) Survey of the availability of existing personnel, equipment, supplies and services which could be used during a disaster, as provided for herein. (13) Other requirements as specified in Texas Disaster Act, 1975 (Vernon's Texas Codes Annotated, Government Code, Chapter 418). (Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 1, 12-14-93) Note: See the editor's note following § 2-37. Sec. 2-39. Emergency management program. A comprehensive emergency management program shall be developed and maintained in a current state. The plan shall set forth the form of the organization, establish and designate divisions and functions, assign responsibilities, tasks, duties, and powers and designate officers and employees to carry out the provisions of sections 2-37 through 2-44. When approved, it shall be the duty of all departments and agencies to perform the functions assigned by the plan and to maintain their portion of the plan in a current state of readiness at all times. The emergency management plan shall be considered supplementary to Ordinance No. 87-25 and have the effect of law during the time of a disaster. The city manager is hereby authorized to revise the plan from time to time to keep it current. Such changes shall be effective when filed with the city clerk. (Ord. No. 87-25, § 1, 4-14-87) Note: See the editor's note following § 2-37. Sec. 2-40. Interjurisdictional program. The mayor is hereby authorized to join with the county judge of County of Jefferson and the mayors of the other cities in said county in the formation of an interjurisdictional program for the County of Jefferson and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment of an intedWisdietienal emergeney management eeerdinate Regional Incident Commander, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. (Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 1, 12-14-93) Note: See the editor's note following § 2-37. Sec. 2-41. Override. At all times when the orders, rules and regulations made and promulgated pursuant to sections 2-37 through 2-44 shall be in effect, they shall supersede and override all existing ordinances, orders, rules and regulations insofar as the latter may be inconsistent therewith. (Ord. No. 87-25, § 1, 4-14-87) Note: See the editor's note following § 2-37. Sec. 2-42. Liability. Ordinance No. 87-25 is an exercise by the city of its governmental functions for the protection of the public peace, health, and safety and neither the city, the agents and representatives of said city, nor any individual, receiver, firm, partnership, corporation, association or trustee, nor any of the agents thereof, in good faith carrying out, complying with or attempting to comply with any order, rule or regulation promulgated pursuant to the provisions of sections 2-37 through 2-44 shall be liable for any damage sustained to persons as the result of said activity. Any person owning or controlling real estate or other premises who voluntarily and without compensation grants to the city a license of privilege, or otherwise permits the city to inspect, designate and use the whole or any part or parts of such real estate or premises for the purpose of sheltering persons during an actual, impending or practice enemy attack or natural or man-made disaster shall, together with his successors in interest, if any, not be civilly liable for the death of or injury to any person on or about such real estate or premises under such license, privilege or other permission or for loss of or damage to the property of such person. (Ord. No. 87-25, § 1, 4-14-87) Note: See the editor's note following § 2-37. Sec. 2-43. Commitment of funds. No person shall have the right to expend any public funds of the city in carrying out any emergency management activity outside the normal process when not in an emergency situation nor shall any person have any right to bind the city by contract, agreement or otherwise without prior and specific approval of the city council unless, during a disaster, the emergency management director may expend and/or commit public funds of the city when deemed prudent and necessary for the protection of health, life or property. (Ord. No. 87-25, § 1, 4-14-87) Note: See the editor's note following § 2-37. Sec. 2-44. Violations; penalties. (a) It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuant to sections 2-37 through 2-44, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in these sections. (b) It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or any other means of identification as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the property officials. (-c-) _ simulate . _ R gnal, eF the teFFninatien ef a wamong shall be deemed guilt (ft) Conviction for violations of the provisions of sections 2-37 through 2-44 shall be punishable by a fine not to exceed five hundred dollars ($500.00). (Ord. No. 87-25, § 1, 4-14-87; Ord. No. 93-81, § 2, 12-14-93) Note: See the editor's note following § 2-37. Secs. 2-45--2-48. Reserved. Note: See the editor's note following § 2-37. Sec. 2-49. Reserved AdviseFy in for the prevention of ehild abuse and negleet- advise )-n %s heFeby autherized te adept bylaws subjeet te amendment by the - ----- and Negleet shall be appeinted by the eity eeuneil. Of the twenty ene (21 Fengeva i at the will and pleasure ef the eity eeuneil. The duties ef the Beaufnent Advise Sec. 2-50. Reserved. Editor's note: Ord. No. 90-47, § 1, adopted Aug. 21, 1990, amended the Code by deleting § 2-50 in its entirety. Section 2-50 pertained to the health advisory board and derived from Ord. No. 87-43, § 1, adopted June 9, 1987. Sec. 2-51. Reserved. Editor's note: Ord. No. 05-028, § 1, adopted March 22, 2005, amended the Code by repealing former§ 2-51. Former § 2-51 pertained to the sister city commission; and derived from Ord. No. 87-87, adopted November 17, 1987. Sec. 2-52. Small business revolving loan fund board. There is hereby created a small business revolving loan fund board composed of nine (9) members who are resident citizens and voters of the city. The board shall consist of at least one member from local financial institutions, at least one member from the small business ass'stanee eenteF at the jehn Gray institute the entrepreneurial studes program at Lamar University, two (2) members from small and minority business or community organizations, two (2) members from the citizens advisory committee of the community development block grant program, the city finance officer, and two (2) members at-large. Of the initial nine (9) members, four (4) shall be appointed for a term of three (3)years and three (3) shall be appointed for a term of two (2) years, thereafter, the term of office of each board member shall be for two (2) years or until a successor is appointed. The board shall elect from its membership officers and committee chairs, as necessary. The board's duties, among others, shall be to review requests for small business revolving loans and to approve loan packages under the program. The board shall report to the city council as requested concerning the effectiveness of the program and advise city council concerning potential improvements to the structure and procedures of the program. That the city manager be, and he is hereby, authorized to take all necessary action including litigation to collect delinquent accounts resulting from loans made from the small business revolving loan fund. (Ord. No. 87-92, § 1, 12-8-87; Ord. No. 91-23, § 1, 3-5-91) Sec. 2-53. Establishment of general procedures concerning appointment, term, attendance, qualifications and duties of boards and commissions. (a) City boards and commissions and their duties and responsibilities shall be established by ordinance. The size of the membership of the board shall be determined by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two- year overlapping terms. Boards and commissions shall contain an odd number of members with each council member having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointment shall be by the city council. (b) Reserved. (c) The mayor shall appoint the chair and vice-chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. with a limit ef twe (2) eenseeutive years ef serviee as ehaiF and twe (2). having served as ehaiF er viee ehaiF shall be e"gible feF FeappeintMent if that member has been out ef said effiee fer a peFied ef at least ene (1) year. An appe nted Fnernber ef any beard gn is eligible te serve in either e (d) The rnayeF shall appeint ene (1) eF Mere eeuneil members te serve ex effieie e any beard en whe fails te attend three FegUlaF meetings in least sixty (60) per eent ef the Fe9HlaFIY seheduled beard meetings within a twelve Fflenth peFied will be eensideFed te have auternatieally resigned ftern the beard eF . . . The effity manager eF his designee shall rneniteF atteridanee v..unvu vf Fvsig iiuuvn.T under this seetien. (d) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. (Ord. No. 92-64, § 1, 8-25-92; Ord. No. 00-19, § 1, 2-15-00; Ord. No. 05-035, § 1, 4-5- 05) Editor's note: Ord. No. 92-64, § 1, adopted Aug. 25, 1992, amended the Code by adding provisions designated as § 2-53. Prior to inclusion of said ordinance, § 2-53 pertained to the city council's appointive powers and attendance and resignation procedures regarding boards and commissions in general and derived from Ord. No. 90- 93, § 1, adopted May 29, 1990. Sec. 2-54. Drug-free Beaumont commission. There is hereby created the Drug-free Beaumont commission composed of twenty-eee (2 — eleven (11 members. Of the initial (24)--eleven (11) members fifteen (16) five 5 shall be appointed by the mayor from the membership of the mayor's coalition for a drug-free Beaumont. T n9embers shall be fer twe (2) years and the te,.,.- of 6e (6) ef sueh fifteen (16) FAernber shall be fer three (3) yeaFS. The remaining six (6) members ef the initial twenty ene der beard shall be appointed by the city council with each city council member ether than the mayer appointing one (1) member to the commission. The initial +,....., of s,. h sox (6) members shall be three (3) yeaFS. TheFeafteF t The term of office of each member shall be two (2) years or until a successor is appointed. A chairperson and vice- chairperson of the commission shall be appointed by the mayor. Vacancies resulting from resignations or other reasons during a term shall be filled by the city council for the unexpired term. . Members of the drug-free Beaumont commission shall serve without compensation and all members of such commission shall be subject to removal at the will and pleasure of the city council. (Ord. No. 95-24, § 1, 4-11-95; Ord. No. 96-10, § 1, 2-6-96) Secs. 2-55--2-60. Reserved. ARTICLE IV. RESERVED* *Editor's note: Ord. No. 96-41, § 1, adopted August 6, 1996, amended the Code by repealing Art. IV, §§ 2-61 through 2-69, in its entirety. Former Art. IV pertained to restrictions on certain business transactions, and derived from Ord. No. 86-101, adopted October 7, 1986. Secs. 2-61--2-80. Reserved. ARTICLE V. CITY RECORDS DIVISION 1. GENERALLY* , *Editor's note: Ord. No. 90-14, §§ 1--3, adopted Feb. 27, 1990, was not specifically amendatory of the Code, hence its inclusion herein as Art. V, Div. 1, §§ 2-81--2-83 was at the discretion of the editor. Section 4, containing severability provisions, was omitted from codification. Sec. 2-81. Defined. All documents, papers, letters, books, maps, photographs, sound or video recordings, microfilm, magnetic tape, electronic media, or other information recording media, regardless of physical form or characteristic and regardless of whether public access to it is open or restricted under the laws of the state, created or received by the city or any of its officers or employees pursuant to law or in the transaction of public business are hereby declared to be the records of the city. (Ord. No. 90-14, § 1, 2-27-90) Sec. 2-82. Declared public property; unauthorized destruction, removal, etc. All city records as defined in section 2-81 of this article are declared to be the property of the city. No city official or employee has, by virtue of his or her position, any personal or property right to such records even though he or she may have developed or compiled them. The unauthorized destruction, removal from files, or use of such records is prohibited. (Ord. No. 90-14, § 2, 2-27-90) Sec. 2-83. Designation of records management officer. The city clerk, and the successive holders of said office, shall serve as records management officer for the city. As provided by state law, each successive holder of the office shall file his or her name with the director and librarian of the Texas State Library within thirty(30) days of the initial designation or of taking up the office, as applicable. (Ord. No. 90-14, § 3, 2-27-90) Sec. 2-84. Mmer-o gElectronic Scanning of public records. The city clerk is hereby authorized to digitizeall official records of the city, which shall include but not be limited to deeds, ordinances, resolutions, contracts, easements, leases, liens, and franchises. The city clerk shall properly index scan said m*eremR,--records said moeFeWn she" meet the FequiFeFnents ef the United States e . in accordance with the technical standards established by state law. The city clerk or his designee shall be responsible to check and certify that each eg+eref+lfn scanned record is a true and correct duplication of the original public record. The public shall have access to the information contained in the tgieFef+lened scanned public records as provided by law. (Ord. No. 84-163, § 1, 12-11-84) Note: See the editor's note following § 2-37. Secs. 2-85--2-90. Reserved. Note: Codification of the records management plan is not required The plan will be maintained in the City Clerk's Office, as allowed by law. DIVISION 2. RECORDS MANAGEMENT PROGRAM* *Edlater's note! Ord. Ne. 90 63, §§ 1 14, did not speeifieally amend the Gede;Seetmen 16, dealing with seveFability, has been emitted fFeFn , . Seems 91. Defimtfe:s. w the peeple ef the state. 93 of this aFt*ele Reeefd-s management plan means the plan develeped undeF seetien 2 94 ef this- i Retentien period means the minimum tiFne that must pass afteF the eFeatien, -zb 15 0 C) Ic C3 C) 73 C: M Im � B - 4 - gym Wj c c W c I 5 L CC 5 c 7 3 (3 3 C) c 7) C) M c o CT3 C) 3 I: c 5 c c 5� � ci oi (0i c c o C65) 445 c c 4 jL r (b) Onee appFeved by the eity eeuneil, the FeeeFds management plan shall be binding en all effiees, departments, divisiens pfegFaFfIS, f t t plan.(e) State law Felating te the duties, Roes, head's FeqUiFements ef a depaFtment head de net exempt the department head eF the FeeeFds in the department Feeerds n9anagengent plan adepted under it and Fnay net be used by the department head as a basis for refusal te paFtieipate in the FeeeFds rnanagernen !"'v in additeen te ether duties assigned On this e{ 'k t depar-tngent heads in its f t t f standards, and(3) in eeepeFatien with department f heads,establish a disaster plan feF eaeh eity effiee and department te enSUFe (5) Establish standards fE)F filing and sterage equipment and fe FeeeFdkeeping identify essential FeeeFds and supplies;(6) Study the feasibility ef _(8) Meniter FeeeFdS Fetentien sehedules and administrative rules issued b the f Texas State Library and ^R. ves Gernngissien-#e deteff„i, the pFeeedUFes ef the FeeeFds management plan and their duties in the s sehedules aS FeqUiFed by state law and Ns ; eta-d+spes+tion of e+ty FeeeFds-is-eaMed-out iR aeeeFdaRee with the Feeerds-eentFet-sehedu+e. the-veluFne ef FeeeFds miemfilffled undeF sbibseetmen (13); and f 9fd. Ne. 90 63, See. 2 96. Dutmes and responsib"ities of department heads. in add*tffien to etheF duties assigned in this aFtiele, depaFtment heads shall: efv� this a cielu=, (2) Adequately deeument the tFansaetien ef geveffiment business and the , her staff are Fespensible,,t and the T G" Designation of r department,Eaeh department head shall designate a ngeFnbeF ef his ef heF staff te seFve a designated as Feee.rd-s lq._n*.Q--n,n effieeFS shall be theFoughly faMiliaF -81111 thin Feeerds- the depaFtment head shall designate the numbeF ef C CP T v W 13 75 7 3 J C) c 3 c 7 1+5 c 3 5 c 0 c C6 c u T 75 L C IL 3 o lilt I 1 1 f i I records under schedule. managengeigt plan. be deStFeyed unless an epen reeeFdS Fequest is pending en the FeeeFd, the See. 101. Des unscheduled . may be estFeyed if its deStFuetien has been appFeved in the same manner as a FeeeFd . See. 2 i02. Reds-ceder. See. 2 103. Mierographies. See. 2 104. Electronme-stefage, Aii eleetFeni -be Feviewe The FeeeFds -ement eleetFORi establish Pebeies and feF the L" ds establish.ed iR FHles E)f the Texas State .. .. ... Fn SSiE)A. The-plan wili al 4ef"iffiw@-the the FeeE)Fds fequest--�FMISSjen feF the Tex.as State LibFa issien fE)F th,-- eleetFE)19ie�� E)f FeeeFd . ols ef the e'eetFeFiie SteFa feeE)Fds te eest effeetiveness, admi�i;z&atmve efflei eengmissien rHles. Mth (E)Fd. Ne-. 40-53- §-jA--�c ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, SECTION 2-3.2;ARTICLE Ill, SUBSECTIONS 2-31(b)AND 2-32(1)AND(3), SECTIONS 2-34 AND 2-35, SUBSECTIONS 2-38(3) AND (4), SECTIONS 2-40 AND 2-52, SUBSECTION 2-53(c), SECTION 2-54, AND ARTICLE V, DIVISION 1, SECTION 2-84 AND REPEALING CHAPTER 2, ARTICLE I, SECTION 2-3.3, ARTICLE III, SUBSECTIONS 2-32(4)THROUGH (7)AND (10) AND (12), SUBSECTIONS 2-36(4) AND (6), SUBSECTION 2-44(c), SECTION 2-49, SUBSECTION 2-53(d), AND ARTICLE V, DIVISION 2, SECTIONS 2-91 THROUGH 2-104 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 2,Article I, Section 2-3.2 be and the same is hereby amended to read as follows: Sec. 2-3.2. Run-off elections. Run-off elections in the City of Beaumont shall be held in accordance with the Texas Election Code, as amended. Section 2. That Chapter 2, Article I, Section 2-3.3 be and the same is hereby repealed. Section 3. That Chapter 2, Article 111, Subsection 2-31(b) be and the same is hereby amended to read as follows: Sec. 2-31. Planning and zoning commission—Created; members; vacancies; compensation. (b) The members of the city planning and zoning commission shall be resident citizens and qualified voters of this city. The members of the city planning and zoning commission shall be appointed by the city council. The mayor shall appoint three (3) members and each Councilmember shall appoint one. The alternate members are to be appointed by the mayor subject to the approval of the city council. The term of office of each commissioner shall be for three (3) years or until a successor is appointed. The city council shall appoint one of the commissioners as chairman and one as vice-chairman of the commission to serve a term of one (1) year. Section 4. That Chapter 2, Article III Section 2-32 be and the same is hereby amended by repealing Subsections (4) through (7), (10) and (12), amending Subsections (1) and (3) and renumbering so as to read as follows: Sec. 2-32. Same—Powers and duties. The city planning and zoning commission shall have the following powers and duties: (1) Studies and plans for improving city. To make studies and ect j ro p plans for the improvement of the city and to perform all duties imposed upon the city planning and zoning commission by the statutes of the state and the Charter of the City of Beaumont. (2) Making plans and maps. To make plans and maps of the whole or any portion of the city and of land outside the city located within five 5 miles of . ( ) he city limits Y an other land and outside the city which in the opinion of the city planning and zoning commission bears a relation to the planning of the city and to make changes in, additions to and extensions of such plans or maps when it deems same advisable. 3 ( ) Advise property owners. To confer with and advise private property owners pertaining to location and erection of private structures with the view of having same conform to the overall city plan. (4) Reports on new subdivisions. To investigate, consider and report to the city council upon the layout or platting of new subdivisions of the city or of property situated within five (5) miles of the city limits, and to approve all plans, plats or replats of additions within the city limits, or within five (5) miles of the city limits. (5) Recommending rules for platting and subdividing. To recommend to the city council for adoption and promulgation rules and regulations governing plats and subdivisions of land within the corporate limits of the city or within five (5) miles of the corporate limits of the city to promote the health, safety, morals and general welfare of the community, and the safe, order) and healthful I development of such community. Such rules and regulations may be adopted by the city council only after public hearing held thereon. (6) Zone boundaries. The city planning and zoning commission shall have the power to recommend the boundaries of the various original districts or zones, to recommend appropriate regulations to be enforced therein, to make their preliminary report as to such zoning districts and regulations, and to hold a public hearing or public hearings on the same before submitting a final report, and to submit a final report to the city council and to perform all other duties and statutes of the state, and specifically b Chapter 283 Y p , Acts of the Regular Session of the 40th Legislature of Texas, 1927, the same being Articles 1011 a to 1011 j, Vernon's Annotated Civil Statutes. Section 5. That Chapter 2, Article III, Section 2-34 be and the same is hereby amended to read as follows: Sec. 2-34. Community development advisory committee--Established. There is hereby established a community development advisory committee to be composed of fifteen (15) members who are resident citizens of the city. The members of the community development advisory committee shall be appointed by the city council for two-year terms. The mayor shall appoint three (3) members, and each councilmember shall appoint two (2). The city council shall name one of the members as chairman and one as vice-chairman. Vacancies shall be filled by the city council for the unexpired p d term. Members of the committee shall serve without compensation. Section 6. That Chapter 2,Article III, Section 2-35 be and the same is hereby amended to read as follows: Sec. 2-35. Same--Secretary. The City Manager or his designee, shall serve as secretary of the committee without vote. The duties of the secretary will be as follows: (1) To serve as a nonvoting member; (2) To attend all meetings of the committee and of its appointed committees, (3) To maintain a record of all activities of the committee; (4) To provide the committee with all information necessary for the performance of its duties; (5) To submit a proposed agenda to the committee chairman and members; (6) To invite the participation of the interested parties concerned with topics of the agenda; (7) To coordinate the attendance of staff personnel of the city; (8) To introduce items on the agenda and present applicable information as shall be necessary to aid in resolving problems; I'� (9) To provide such clerical-administrative support as is required by the committee; (10) To arrange for all meetings to be held as directed by the chairman of the committee. Section 7. That Chapter 2, Article III, Subsections 2-36(4) and (6) be and the same are hereby repealed and Section 2-36 renumbered so as to read as follows: Sec. 2-36. Same--Duties and responsibilities. The duties and the responsibilities of the community development advisory committee shall be as follows: (1) To act as an advisory board to the city council and the city manager; (2) To recommend objectives to the city for the community development block grant program; (3) To assist the city council and the city manager's staff in planning for a continuing program of community development; (4) To keep the city council and the city manager's staff informed of current trends and to recommend changes and improvements which will update the community development and housing assistance plan. Section 8. That Chapter 2, Article III, Subsections 2-38(3) and (4) be and the same are hereby amended to read as follows: Sec. 2-38. Emergency management director; powers and duties. (3) Authority as the mayor to declare a local state of disaster. The declaration may not be continued or renewed for a period in excess of seven (7) days except by or with the consent of the city council. Any order or proclamation declaring, continuing or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city clerk. (4) Issuance of necessary proclamations, regulations or directives during times of declared emergency which h are necessary for carrying out the purposes of sections 2-37 through 2-44. Such proclamations, regulations, or directives shall be disseminated promptly by means calculated to bring ts g contents to the attention of the general public and, unless circumstances attendant to the disaster prevent or impede, promptly filed with the city clerk. Section 9. That Chapter 2,Article III, Section 2-40 be and the same is hereby amended to read as follows: Sec. 2-40. J Inte ' r urisdictional program. The mayor is hereby authorized to join with the county judge of County of Jefferson and the mayors of the other cities in said county in the formation of an interjurisdictional program for the County of Jefferson and shall have the authority to cooperate in the preparation of an interjurisdictional emergency management plan and in the appointment . of a Regional Incident Commander, as well as all powers necessary to participate in a countywide program of emergency management insofar as said program may affect the city. Section 10. That Chapter 2, Article III, Subsection 2-44(c) be and the same is hereby repealed and Section 2-44 renumbered so as to read as follows: Sec. 2-44. Violations; penalties. (a) It shall be unlawful for any person wilfully to obstruct, hinder or delay any member of the emergency management organization in the enforcement of any rule or regulation issued pursuantto sections 2-37 through 2-44, or to do any act forbidden by any rule or regulation issued pursuant to the authority contained in these sections. (b) It shall likewise be unlawful for any person to wear, carry or display an emblem, insignia or any other means of identification as a member of the emergency management organization of the city unless authority to do so has been granted to such person by the proper officials. (c) Conviction for violations of the provisions of sections 2-37 through 2- 44 shall be punishable by a fine not to exceed five hundred dollars ($500.00). Section 11. That Chapter 2, Article III, Section 2-49 be and the same is hereby repealed. 0 Section 12. That Chapter 2, Article 111, Section 2-52 be and the same is hereby amended to read as follows: Sec. 2-52. Small business revolving loan fund board. There is hereby created a small business revolving loan fund board composed of nine (9) members who are resident citizens and voters of the city. The board shall consist of at least one member from local financial institutions,s, at least one member from the entrepreneurial studies program at Lamar University, two (2) members from small and minority business or community organizations, two(2) members from the citizens advisory committee of the community development block grant program,the city finance officer, and two (2) members at-large. Of the initial nine (9) members, four (4) shall be appointed for a term of three (3) years and three (3) shall be appointed for a term of two (2) years, thereafter, the term of office of each board member shall be for two (2) years or until a successor is appointed. The board shall elect from its membership officers and committee chairs, as necessary. The board's duties, among others, shall be to review requests for small business revolving loans and to approve loanpackages under the program. The board shall report to the city council as requested concerning the effectiveness of the program and advise city council concerning potential improvements to the structure and procedures of the program. That the city manager be, and he is hereby, authorized to take all necessary action including litigation to collect delinquent accounts resulting from loans made from the small business revolving loan fund. Section 13. That Chapter 2, Article III, Section 2-53 be and the same is hereby amended by repealing Subsection (d), amending Subsection (c) and renumbering so as to read as follows: Sec. 2-53. Establishment of general procedures concerning appointment, term, attendance, qualifications and duties of boards and commissions. (a) City boards and commissions and their duties and responsibilities shall be established by ordinance. The size of the membership of the board shall be determined, by the city council and, to the extent not conflicting with existing ordinances, members of boards and commissions shall be appointed for two-year overlapping terms. Boards and commissions shall contain an odd number of members with each council member having an equal number of nominations to the committee except that the mayor may nominate one additional member. Appointment shall be by the city council. (b) The mayor shall appoint the chair and vice-chair of all boards and commissions when the ordinance establishing the board or commission does not provide otherwise. (c) Persons appointed to advisory committees and commissions must be residents of the city. Persons may serve on no more than two (2) advisory boards and commissions of the city at the same time. Section 14. That Chapter 2,Article I H, Section 2-54 be and the same is hereby amended to read as follows: Sec. 2-54. Drug-free Beaumont commission. There is hereby created the Drug-free Beaumont commission composed of eleven (11) members. Of the initial eleven (11) members, five (5) shall be appointed by the mayor from the membership of the mayor's coalition for a drug-free Beaumont. The remaining six (6) members shall be appointed by the city council with each city council member appointing one (1) member to the commission. The term of office of each member shall be two (2) years or until a successor is appointed. A chairperson and vice-chairperson of the commission shall be appointed by the mayor. Vacancies resulting from resignations or other reasons during a term shall be filled by the city council for the unexpired term. Members of the drug-free Beaumont commission shall serve without compensation and all members of such commission shall be subject to removal at the will and pleasure of the city council. Section 15. That Chapter 2, Article V, Division 1, Section 2-84 be and the same is hereby amended to read as follows: Sec. 2-84. Electronic scanning of public records. The city clerk is hereby authorized to digitize all official records of the city, which shall include but not be limited to deeds, ordinances, resolutions, contracts, easements, leases, liens, and franchises. The city clerk shall properly scan said records in accordance with the technical standards established by state law. The city clerk or his designee shall be responsible to check and certify that each scanned record is a true and correct duplication of the original public record. The public shall have access to the information contained in the scanned public records as provided by law. Section 16. That Chapter 2,Article V, Division 2, Sections 2-91 through 2-104 be and the same are hereby repealed. Section 17. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a articular p set of ersons p or circumstances should for an y 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 18. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 19. 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 6th day of February, 2007. - Mayor Guy N. Goodson - III Z February 6, 2007 Consider amending Chapter 2 1/4 of the Code of Ordinances neI". City Council Agenda Item � - c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 31, 2007 REQUESTED ACTION: Council consider amendments to Chapter 2 1/4 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 2 1/4 of the Code of Ordinances. BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan,the proposed changes to Chapter 2 1/4, related to Airports and Aircraft, were provided to the City Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 2 1/4 AIRPORTS AND AIRCRAFT* *Cross references: Airport advisory committee, § 2-28, minimum standards for conduct of commercial aeronautical services adopted, § 2-29. ARTICLE I. IN GENERAL Sec. 2 1/4-1. Standards governing the conduct of commercial aeronautical services and activities, fixed base operator activities, and specialized aviation activities. The revised minimum standards and requirements for the conduct of commercial aeronautical services and activities, minimum standards and requirements for fixed base operator activities and minimum standards and requirements for specialized aviation activities are hereby adopted by reference and can be found on file at the office of the city clerk. (Ord. No. 90-17, § 1, 3-20-90) Editor's note: Ord. No. 90-17, § 1, adopted March 20, 1990, was not specifically amendatory of the Code; hence, its inclusion herein as § 2 1/4-1 was at the discretion of the editor. Sections 2--4, dealing with severability, the repeal of conflicting provisions and penalties were omitted from codification. Secs. 2 1/4-2--2 1/4-20. Reserved. ARTICLE II. HELIPORTS AND HELISTOPS* *Editor's note: Ordinance No. 86-90, §§ 1, 2, enacted Aug. 26, 1986, specifically amended the Code by adding a new Art. V, § 26-100, to Ch. 26. For classification purposes, the substantive provisions of the ordinance have been redesignated as Art. II, §§ 2 1/4-21--2 1/4-28 of a new Ch. 2 1/4. Cross references: Planning and zoning commission, § 2-31 et seq.; buildings, structures and construction operations, Ch. 6; fire protection and prevention, Ch. 10; abatement of nuisances as to business, trade or occupation, § 13-3; noises generally, § 13-12 et seq.; streets and sidewalks, Ch. 23; zoning generally, Ch. 30; permitted uses, § 30-24; specific use permits, § 30-26; performance standards, § 30-32; special conditions for certain uses, § 30-33. Sec. 2 1/4-21. Ownership, control, operation at landing fields in city. (a) Written authorization required. No person shall own, control, or operate any landing field of any kind within the city without first securing written authorization from the City of Beaumont. (b) Continuing existing facilities. Except as hereinafter specified, heliport and helistop facilities lawfully existing on the effective date of this article may be continued. (Ord. No. 86-90, § 1, 8-26-86) Sec. 21/4-22. Definitions. [As used in this article, the following words and phrases shall have the meanings ascribed to them by this section:] Helicopter: An aircraft used for the transportation of persons or materials and whose support in the air is derived chiefly from the aerodynamic forces on engine-driven airfoil blades rotating around a vertical axis. Heliport: Any area which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas including buildings or other facilities for activities such as refueling, parking, storage, maintenance and repair of helicopters. Helistop: An area used, or intended for use, for the landing, boarding and takeoff of helicopters, which does not have facilities for such activities and refueling, storage, maintenance or repair of helicopters. Private heliports or helistops: Private heliports or helistops are those which restrict usage to the owner or operator or to person authorized by the owner or operator to land. Public heliports or helistops: Public heliports or helistops are those open to the general public and not requiring prior permission of the owner or operator to land. Temporary helistops: A ground level area that is intended to be used on a temporary basis as a helistop. Temporary helistops shall be granted for a period of no longer than thirty (30) days. (Ord. No. 86-90, § 1, 8-26-86) Sec. 2 1/4-23. Parking requirements. Vehicle parking requirements for helistops or heliports shall be determined by the City Manager or his designee. Typically, five (5) spaces per landing/takeoff area will be desirable. (Ord. No. 86-90, § 1, 8-26-86) Sec. 2 1/4-24. Landing requirements for helicopters. Helicopters shall land only at established heliports and helistops within the city, unless such landing is for law enforcement or emergency purposes. Emergencies shall include conditions in which life, health, or property is in danger or may be in danger. All flight operations shall be conducted in accordance with current Federal Aviation Administration rules and regulations. Sec. 2 1/4-25. Specific use permit--Required; exception. It is the intent of the City of Beaumont to provide for helicopter operations in a manner which provides for the health, safety, and welfare of the public. Establishment of heliports or helistops shall be by specific use permit only, except when developed by the City of Beaumont on property owned by the city. The city council may require information or conditions necessary to protect the public interest in the application for, or operation of, heliports or helistops. (Ord. No. 86-90, § 1, 8-26-86) Sec. 2 1/4-26. Same--Application, contents, additional information. (a) Application process; contents. Applications for specific use permits for heliports or helistops shall be submitted to the development City Manager or his designee and subject to all requirements and conditions of specific use permits as established in section 30-26(e) of this Code. Applications shall also include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant(s). (2) The name, address and telephone number of the property owner(s), along with signed approval of the owner or owner's representative for such application. (3) The location, size and facilities to be provided at the proposed site. (4) A copy of preliminary approval from the Federal Aviation Administration that the area may be operated as a heliport or helistop. This information shall include the "Notice of landing area proposal," a letter of no objection from the Federal Aviation Administration and a copy of all information provided to the Federal Aviation Administration. (5) The anticipated number of takeoffs and landings anticipated, along with variations and anticipated development and activity increases in the future. Aircraft types and the proposed purpose of the facility shall be included. (6) The proposed days and hours of operation. (7) Proposed fire protection. (8) An analysis and calculation details related to potential noise impacts. (9) Where landing areas are on structures, or buildings or not at ground level, certification from an engineer currently registered by the state shall be required, stating that the proposed landing area is structurally adequate for operation as a heliport or helistop. (10) A detailed description of potential impacts on adjacent lands and provisions for alleviating impacts, including such items as buffer zones, security, public access and flight safety. (b) Additional information may be required for approval. The city council shall consider the information provided and reserves the right to require additional information or grant approval subject to specific conditions and requirements necessary to protect the public interest. Such conditions and requirements may include provisions related to minimum altitudes, traffic patterns, approach routes and a time limit for operation of the area as a heliport or helistop. (c) Applications for temporary helistops; contents; approval. Applications for temporary helistops shall include the requirements and potential restrictions of heliports and helistops. Approval of a temporary helistop shall be based upon the successful compliance with all of the conditions provided in section 30-26(e) of this Code. The responsibility for the issuance of the temporary helistop permit shall be with the city manager or his designees. (d) Review, consideration of applications by city. All applications for heliports or helistops should allow at least thirty (30) days for review and consideration by the City of Beaumont. Failure to provide the minimum review period may be sufficient reason for denial. (Ord. No. 86-90, § 1, 8-26-86) Sec. 2 1/4-27. Same--Revocation; show cause notice; appeals; hearing. If a heliport or helistop is not operated in accordance with the laws of the United States, the State of Texas, the ordinances of the City of Beaumont, or conditions or requirements of the specific use permit, the development- City Manager or his designee may, at any time, give notice, in writing, to the licensee or other person in control of the operation and maintenance of such facility, to show cause why the permission issued for the operation should not be revoked and cancelled. Such notice to show cause shall become effective as a cancellation after the expiration of ten (10) days from the date of same. On or before the expiration of the ten- day period, the permittee or the person in control of the operation and maintenance of the facility may file a written appeal with the develepment City Manager or his designee, in which it is requested that the city council grant a hearing upon the question of whether or not the permit issued by the city shall be cancelled or revoked. Such appeal shall operate as a stay or postponement of such revocation an cancellation of the permit until such time as the city council shall grant a hearing and make a final determination. Such hearing shall be held within thirty (30) days after the date of filing of such appeal. The action of the city council, after hearing the evidence and facts, shall be final and conclusive to all parties. (Ord. No. 86-90, § 1, 8-26-86) Sec. 2 1/4-28. Violation of article; penalties. Except as otherwise provided by this section if it is shown that a person has violated this article, upon conviction, the defendant shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than -twe— five hundred dollars ($2500.00). Upon a second conviction for a violation of this article, the defendant shall be punished by a fine of not less than twe-five hundred dollars ($ 500.00). (Ord. No. 86-90, § 2, 8-26-86) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/4, ARTICLE II, SECTIONS 21/4-23, 21/4-24, SUBSECTION 2 1/4-26(a), SECTIONS 21/4- 27 AND 2 1/4-28 OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances; and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Section 1. That Chapter 2 1/4, Article II, Section 2 1/4-23 be and the same is hereby amended to read as follows: Sec. 2 1/4-23. Parking requirements. Vehicle parking requirements for helistops or heliports shall be determined by the City Manager or his designee. Typically, five (5) spaces per landing/takeoff area will be desirable. Section . That Chapter 2 1/4, Article II, Section 2 1/4-24 be and the same is hereby amended to read as follows: Sec. 2 1/4-24. Landing requirements for helicopters. Helicopters shall land only at established heliports and helistops within the city, unless such landing is for law enforcement or emergency purposes. Emergencies shall i include conditions in which life, health, or property is in danger or may be in danger. All flight operations shall be conducted in accordance with current Federal Aviation Administration rules and regulations. Section 3. That Chapter 2 1/4, Article II, Subsection 2 1/4-26(a) be and the same is hereby amended to read as follows: Sec. 2 1/4-26. Same--Application, contents, additional information. (a) Application process; contents. Applications for specific use permits for heliports or helistops shall be submitted to the City Manager or his designee and subject to all requirements and conditions of specific use permits as established in section 30- 26(e)of this Code.Applications shall also include, but not be limited to, the following information: (1) The name, address and telephone number of the applicant(s). (2) The name, address and telephone number of the property owner(s), along with signed approval of the owner or owner's representative for such application. (3) The location, size and facilities to be provided at the proposed site. (4) A copy of preliminary approval from the Federal Aviation Administration that the area may be operated as a heliport or helistop. This information shall include the "Notice of landing area proposal," a letter of no objection from the Federal Aviation Administration and a copy of all information provided to the Federal Aviation Administration. (5) The anticipated number of takeoffs and landings anticipated, along with variations and anticipated development and activity increases in the future.Aircraft types and the proposed purpose of the facility shall be included. (6) The proposed days and hours of operation. (7) Proposed fire protection. (8) An analysis and calculation details related to potential noise impacts. (9) Where landing areas are on structures, or buildings or not at ground level, certification from an engineer currently registered by the state shall be required, stating that the proposed landing area is structurally adequate for operation as a heliport or helistop. (10) A detailed description of potential impacts on adjacent lands and provisions for alleviating impacts, including such items as buffer zones, security, public access and flight safety. Section 4. That Chapter 2 1/4, Article II, Section 2 1/4-27 be and the same is hereby amended to read as follows: Sec. 2 1/4-27. Same--Revocation; show cause notice; appeals; hearing. If a heliport or helistop is not operated in accordance with the laws of the United States, the State of Texas, the ordinances of the City of Beaumont, or conditions or requirements of the specific use permit, the City Manager or his designee may, at anytime, give notice, in writing, to the licensee or other person in control of the operation and maintenance of such facility, to show cause why the permission issued for the operation should not be revoked and cancelled. Such notice to show cause shall become effective as a cancellation after the expiration of ten (10) days from the date of same. On or before the expiration of the ten-day period, the permittee or the person in control of the operation and maintenance of the facility may file a written appeal with the City Manager or his designee, in which it is requested that the city council grant a hearing upon the question of whether or not the permit issued by the city shall be cancelled or revoked. Such appeal shall operate as a stay or postponement of such revocation and cancellation of the permit until such time as the city council shall grant a hearing and make a final determination. Such hearing shall be held within thirty (30) days after the date of filing of such appeal. The acticn of the city council, after hearing the evidence and facts, shall be final and conclusive to all parties. Section 5. That Chapter 2 1/4, Article II, Section 2 1/4-28 be and the same is hereby amended to read as follows: Sec. 2 1/4-28. Violation of article; penalties. Except as otherwise provided by this section if it is shown that a person has violated this article, upon conviction, the defendant shall be punished by a fine of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00). Upon a second conviction for a violation of this article, the defendant shall be punished by a fine of not less than five hundred dollars ($500.00). Section 6. That if any section, subsection, sentence, clause, or phrase of this ordinance, or the application of same to a particular set of persons or circumstances should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 7. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 8. That any person who violates any provision of this ordinance shall, upon conviction be punished, as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 6" day of February, 2007. - Mayor Guy N. Goodson - i 3 February 6,2007 Consider amending Chapter 21h of the Code Ordinances MAW 0 City Council Agenda Item � ' � c TO: City Council FROM: Kyle Hayes, City Manager :PREPARED BY: Jim Thompson, Parks and Recreation Director :MEETING DATE: February 6, 2007 .AGENDA MEMO DATE: January 31, 2007 ]REQUESTED ACTION: Council consider amendments to Chapter 2 '/2 of the Code of Ordinances. ]RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 2 '/2 of the Code of Ordinances. ]BACKGROUND At a worksession on January 16, staff discussed the process to be used to update the Code of Ordinances. In accordance with that plan, the proposed changes to Chapter 2 '/2, related to Alarm !3ystems, were provided to the City Council for review. Additional chapters will be brought forward in subsequent weeks until the full review is complete. ]BUDGETARY IMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 2 1/2 ALARM SYSTEMS Art. I. In General,§§2 1/2-1--2 1/2-10 Art. II. Burglary and Robbery Alarms,§§2 1/2-11-2 1/2-15 ARTICLE 1. IN GENERAL Secs. 2 1/2-1--2 1/2-10. Reserved. ARTICLE II. BURGLARY AND ROBBERY ALARMS* *Editor's note: Ord. No. 95-14, § 1, adopted March 7, 1995, amended Art. II in its entirety, adding new §§ 2 1/2-11--2 1/2-25. Prior to inclusion of said provisions Arta II consisted of§§ 2 1/2-11--2 1/2-15, pertained to similar subject matter and derived from Ord. No. 80-116, adopted November 25, 1980; Ord. No. 84-128, adopted September 25, 1984; and Ord. No. 85-110, adopted November 5, 1985. Cross references: Telephone alarm systems, § 18-6. Sec. 21/2-11. Definitions. For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm notification means a notification intended to summon the police, which is designed either to be initiated purposely by a person or by an alarm system that responds to a stimulus characteristic of unauthorized intrusion. (Recorded messages to any police or fire station are prohibited by law.) Alarm site means the specific property served by an alarm system that is under the control of one (1) owner, tenant or lessor. Alarm system means any electrical, mechanical, or electronic device or assembly of equipment that emits, transmits, or relays a signal intended to summon, or that would reasonably be expected to summon, by direct or indirect means, the aid of the police services of the city. For purposes of this article, the following types of alarm systems are exempted: (1) An alarm system installed on a motor vehicle, unless the vehicle is permanently located at a site; (2) An alarm system designed to alert only the inhabitants of the premises which does not have a local alarm; (3) An alarm system installed upon premises occupied by the United States government, or the state government when they occupy property owned by the state; (4) Any alarm system designed solely to detect or give notice of fire or smoke; and (5) Any communication device not designed solely for alarm notification. City manager means the city manager or the designated representative of the city manager. Chief of police means the chief of police of the city or the designated representative of the chief of police. False alarm means an alarm notification to the police department when the responding officer or a subsequent investigation finds no evidence of unauthorized intrusion or attempted unauthorized intrusion, or other illegal activity for which the alarm was intended to report. Master alarm permit means a permit issued to the owner or property manager of a residential apartment complex which provides an alarm system operated in one (1) or more of the individual residential units. The fees for a master alarm permit shall be the same as those for an alarm permit. Person means an individual, corporation, partnership, or association, organization or any legal entity. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 21/2-12. Requirements. The police department will not respond to a permitted alarm site if such site has had more than eight (8) false burglary alarm calls in any twelve-month period. In such case, a certified letter indicating non-response status will be mailed to the owner's address as provided in the permit application and the owner will be allowed five (5) working days after receipt of the letter to reinstate to a response status. A location may initially be reinstated to a response status upon payment of a fifty-dollar fee. Each subsequent reinstatement thereafter will require payment of a one hundred-dollar fee. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-13. Permit application. (a) An application for a permit shall be made by a person who owns, leases, resides at, or manages the alarm site. (b) The application shall be submitted with a fifteen-dollar 15.00 fee to the city on a form provided by the city. Any false statement made by an applicant on the application may be prosecuted as a violation of section 37.10 of the Texas Penal Code, Tampering with Governmental Records, a third degree felony. (c) An alarm permit is issued to an individual or corporate entity and is nontransferable and nonrefundable. (d) A permit shall be issued for a one-year term beginning on the date of issuance. The expiFatien date on all aetive peffnits expiFing On May 31, 2000 shall be . (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97; Ord. No. 00-25, § 1, 3-7-00) Sec. 2 1/2-14. Revocation of permit. The chief of police shall revoke an alarm permit if he determines that: (1) There was a false statement made in the application for a permit. (2) If any false oral statement was made by applicant in connection with the permit application. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-15. Grounds for denial of permit. A permit may be denied for: (1) Any false statement on the application; or (2) Any false statement by applicant in connection with the application;er_ (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-16. Renewal; term. An application to renew a permit shall be submitted to the City with a ten dollar ($10.00) fee due on or before the expiration date on the permit. Aeti e .,..ffmts wh7..h have been extended te expife en july 31, 2000 shall be Fenewed fA-r- PeFieds yeaF. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 00-25, § 1, 3-7-00) Sec. 2 1/2-17. Appeal from denial or revocation of permit. (a) If the chief of police refuses to issue a permit or revokes a permit, the chief shall notify the applicant or holder by certified mail, return receipt requested stating the reasons for the denial or revocation. The applicant or holder may appeal the decision by filing a notice of appeal with the chief of police. This notice setting forth the reasons for appeal must be received within ten (10) calendar days of the date of receipt of the notice of revocation or denial. The receipt of the notice of appeal will stay the revocation of the permit. If the notice of appeal is not timely, the revocation or denial is final. (b) The city manager will designate a hearings e#-iee -to hear the appeal. At the hearing he formal rules of evidence 9 shall not apply. The hearings officer shall make his decision on the basis of a preponderance of the evidence presented. The hearings officer must render a decision within sixty (69)-thirty (30�days after the appeal is filed. The hearings officer may affirm, reverse, or modify the action of the chief. The decision of the hearings officer is final. (Ord. No. 95-14, § 1, 3-7-95) (c ) When the City mails a notice in accordance with this section and the United States Postal Service returns the notice marked "refused" or"unclaimed" the validity of the notice is not affected and the notice is considered delivered Sec. 2 1/2-18. Apartment complexes. (a) The owner or property manager of an apartment complex which provides alarm services shall obtain a master alarm permit if any alarm system is operated in any residential unit on the premises. (b) A tenant of an apartment complex shall obtain a permit before operating or causing the operation of an alarm system in his residential unit. (c) The permit of the tenant supersedes the master permit of the apartment complex, and the tenant is responsible for payment of fees for false alarm notifications emitted from the alarm system in the tenant's unit. The master alarm permit holder is responsible for payment of service fees for false alarm notifications emitted from unoccupied units or where no permit has been obtained by the tenant. (d) The owner or property manager of an apartment complex shall obtain a separate alarm permit for any alarm system operated in a nonresidential area of the apartment complex, including, but not limited to, common tenant areas and office, storage and equipment areas. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-19. Policies and p rocedures. (a) The chief of police shall institute policies and procedures to implement this chapter. (b) The chief of police shall publish standards of operation for alarm systems. Each permit holder will be provided copies of these standards and all changes thereto. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-20. Police response. (a) The response, if any, made to a signal from a permitted alarm system shall be subject to the policies and procedures of the police department and will be in accordance with the priorities set for police response. (b) The issuance of a permit authorizing the use of an alarm system is not intended to nor shall it create a contract, either express or implied, nor does it create a duty or guarantee of response by the police department. Any and all liability and consequential damages resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity as provided by law is retained. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 1/2-21. Operation, maintenance of alarm systems. (a) A permit holder shall: (1) Maintain the premises containing an alarm system in a manner that ensures proper operation of the alarm system; (2) Maintain the alarm system in a manner that will minimize false alarm notifications. (3) Respond or cause a representative to respond within one (1) hour when notified by the city to repair or inactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises; (4) Not manually activate an alarm system for any reason other than occurrence of an event that the alarm system was intended to report. (b) A permit holder of a local alarm shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal will sound for no longer than fifteen (15) minutes after being activated. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 21/2-22. Violations. No person shall operate, cause to be operated or allow the operation of an alarm system: (1) Without a permit issued under the provisions of this chapter, (2) Without being in compliance with the procedures and provisions of this chapter, or (3) That automatically dials the 911 emergency communications system. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) Sec. 2 112-23. Violation, penalty. (a) The failure to comply with the provisions of this chapter is a Class "C" misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) but not less than seventy-five one hundred dollars ($7-6100.00) upon first conviction, and not less than ene-two hundred dollars ($4-98200.00) upon second and subsequent convictions. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed or continued. (b) For the purposes of this chapter a conviction is a finding of guilty or the defendant's placement on deferred disposition, deferred adjudication, or probation by a court of competent jurisdiction. (Ord. No. 95-14, § 1, 3-7-95; Ord. No. 97-65, § 1, 12-9-97) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 2 1/2, ARTICLE II, SECTIONS 2 1/2-12, SUBSECTIONS 2 1/2-13(b) and (d) AND 2 1/2-15(1) AND (2), SECTION 2 1/2-16, SUBSECTIONS 2 1/2-17(b) AND (c) AND SUBSECTION 2 1/2-23(a) OF THE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. WHEREAS, the City of Beaumont endeavors to maintain a clear, comprehensible, and cohesive Code of Ordinances, and, WHEREAS, the City is therefore revising its Code to comport with current law and court interpretation; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: Sect--= That Chapter 2 1/2, Article II, Section 2 1/2-12 be and the same is hereby amended to read as follows: Sec. 2 1/2-12. Requirements. The police department will not respond to a permitted alarm site if such site has had more than eight (8) false burglary alarm calls in any twelve-month period. In such case, a certified letter indicating non-response status will be mailed to the owner's address as provided in the permit application and the owner will be allowed five (5) working days after receipt: of the letter to reinstate to a response status. A location may initially be reinstated to a response status upon payment of a fifty-dollar fee. Each subsequent reinstatement thereafter will require payment of a one hundred-dollar fee. . Section 2, That Chapter 2 1/2, Article II, Subsections 2 1/2-13(b) and (d) be and the same are hereby amended to read as follows: Sec:. 2 1/2-13. Permit application. (b) The application shall be submitted with a fifteen-dollar($15.00)fee to the city on a form provided by the city. Any false statement made by an applicant on the application may be prosecuted as a violation of section 37.10 of the Texas Penal Code, Tampering with Governmental Records, a third degree felony. (d) A permit shall be issued for a one-year term beginning on the date of issuance. Section 3, That Chapter 2 1/2, Article II, Subsections 2 1/2-15(1) be and the same are hereby amended to read as follows: Sec. 2 1/2-15. Grounds for denial of permit. (1) Any false statement on the application; or (2) Any false statement by applicant in connection with the application. SecSec=. That Chapter 2 1/2,Article II, Section 2 1/2-16 be and the same is hereby amended to read as follows: Sec. 2 1/2-16. Renewal; term. An application to renew a permit shall be submitted to the City with a ten dollar M ($10.00) fee due on or before the expiration date on the permit. Section 5. That Chapter 2 1/2, Article II, Subsection 2 1/2-17(b) be and the same is hereby amended and a new Subsection 2 1/2-17(c) is addgyed to read as follows: Sec. 2 1/2-17. Appeal from denial or revocation of permit. (b) The city manager will designate a hearings officer to hear the appeal. At the hearing the formal rules of evidence shall not apply. The hearings officer shall make his decision on the basis of a preponderance of the evidence presented. The hearings officer must render a decision within thirty (30) days after the appeal is filed. The hearings officer may affirm, reverse, or modify the action of the chief. The decision of the hearings officer is final. (c) When the City mails a notice in accordance with this section, and the United States Postal Service returns the notice marked "refused" or "unclaimed," the validity of the notice is not affected and the notice is considered delivered. Section 6. That Chapter 2 1/2, Article II, Subsection 2 1/2-23(a) and the same is hereby amended to read as follows: Sec. 2 1/2-23. Violation, penalty. (a) The failure to comply with the provisions of this chapter is a Class "C" misdemeanor punishable by a fine of not more than five hundred dollars ($500.00) but not less than one hundred dollars ($100.00) upon first conviction, and not less than two hundred dollars ($200.00) upon second and subsequent convictions. A person who violates a provision of this chapter is guilty of a separate offense for each day or portion of a day during which the violation is committed or continued. Section 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 field 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 8. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 9. 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 6`h day of February, 2007. - Mayor Guy N. Goodson - 4 February 6, 2007 Consider approving the purchase of asphaltic concrete for use by the Streets and Drainage Division 7121 City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 26, 2007 REQUESTED ACTION: Council consider a contract for the purchase of asphaltic concrete. RIXOMMENDATION Administration recommends award of a six(6)month contract to APAC-Texas,Inc.for purchasing asphaltic concrete at the unit costs stated below with an estimated total contract expenditure of $628,000. BACKGROUND Bids were requested for a six(6)month contract for asphaltic concrete for use by the Public Works Department, Streets and Drainage Division. Cold laid asphaltic concrete is used for repairing potholes and small sections of street, while hot laid asphaltic concrete is used for repairs to larger street sections.It is estimated that approximately 9,000 tons of hot laid asphaltic concrete and 2,000 tons of cold laid asphaltic concrete will be used during the term of the contract. Five (5) vendors were notified with only APAC-Texas responding with a bid as reflected below. Specifications requested pricing for both plant pickup by City personnel and job site delivery by the vendor. The bidder met all product requirements specified, and has previously held the contract satisfactorily. The contract provides for the vendor to furnish asphaltic concrete at the following fixed unit prices: Description Plant Pickup Job Site Delivery Hot Laid Concrete $54.50/ton $60.15 /ton Cold Laid Concrete $68.75 /ton $73.00/ton Six(6)Month Contract for Asphaltic Concrete January 26, 2007 Page 2 The prior contract period prices were as follow: Description Plant Pickup Job Site Delivery Hot Laid Concrete $54.00/ton $58.25 /ton Cold Laid Concrete $54.00 /ton $57.65 /ton BUDGETARY IMPACT Funds for the cold laid concrete in the amount of$137,500 are available in the Public Works operating budget and funds for the hot laid concrete,which will be used for street rehabilitation,are available in the Capital Program Fund, for the estimated total six-month contract expenditure of $628,000. Qty Description Plant Pickup Total 9,000 tons Hot Laid Concrete $54.50/ton $490,500 2,000 tons Cold Laid Concrete $68.75 /ton $137,500 TOTAL: $628,000 VI 101 Nab— Sol smile t oil IIII rr - Ron pp- ■lLtl Z11-- 1 PV MRESOLUTION NO. WHEREAS, bids were received for a six (6) month contract for the purchase of asphaltic concrete for use bythe Public Works Department, Streets and Drainage Division; and, WHEREAS, APAC-Texas, Inc. submitted a bid in the fixed unit amounts as shown: Description Plant Pickup Job Site Delivery Hot Laid Concrete $54.50 / ton $60.15 / ton Cold Laid Concrete $68.75 /ton $73.00 /ton for an estimated total contract expenditure of $628,000; and, WHEREAS, City Council is of the opinion that the bid submitted by APAC-Texas, Inc. should be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by APAC-Texas, Inc. in the fixed unit amounts shown above for an estimated total contract expenditure of$628,000 be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of February, 2007. Mayor Guy N. Goodson - • 5 February 6, 2007 Consider authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project for"extra work" City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 31, 2007 REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to increase the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project for"extra work". RECOMMENDATION Administration recommends approval of increasing the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project amount by$44,718. The proposed changes to the contract will rehabilitate approximately 1066 linear feet of 8-inch sanitary sewer lines, to remove and replace approximately 4 manholes,install three end of line clean outs,remove and replace approximately 160 square feet of concrete pavement,replace approximately 19 service connections and post televise the rehabilitated lines. The proposed extra work will represent an increase of 6.41% of the original contract amount. The proposed extra work is for the areas on Michelle Cove and Sul-Ross Lane. BACKGROUND The existing sewer lines built in the 1950's have deteriorated and require major rehabilitation_ The primary goals of the project are to restore the integrity of the sanitary sewer lines,restore the carrying capacity, and provide customers with uninterrupted and adequate service. Previous actions include: Resolution 05-168 in the amount of$697,462.00 was passed by City Council on August 2, 2005. This Change Order is recommended for approval by the City Manager and the Water Utilities Director. BUDGETARY IMPACT Funds for the project are available in the Water Utilities Non-Operational Fund. APPROVAL OF CONTRACT CHANGE Change Order No. 1 Date:January 31,2007 Project: City of Beaumont Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project Owner: City of Beaumont P.O.Box 3827 Beaumont,Texas 77704 Contractor: Allco,Ltd. P.O.Box 3684 Beaumont,TX 77704-3684 To the Owner: Approval of the following contract change is requested. Reason for Change: To increase the contract amount for"extra work"performed by the Contractor to rehabilitate approximately 1066 linear feet of 8-inch sanitary sewer lines, to remove and replace approximately 4 manholes,install three end of line clean outs,remove and replace approximately 160 square feet of concrete pavement,replace approximately 19 service connections and post televise the rehabilitated fines. ORIGINAL CONTRACT AMOUNT $697,462. THIS CHANGE ORDER: Description Net Change Rehabilitate 1066 linear feet of eight-inch sanitary sewer line. $28.782. Remove and replace four manholes. $ 6,980. Install three end of line clean outs. $885. Replace 160 square feet of concrete pavement. 1,400. Replace 19 service connections. $5,605. Post televise the rehabilitated lines. 1,066. TOTAL AMOUNT OF THIS CHANGE ORDER: $44,718. TOTAL REVISED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER: $742,180. CONDITION OF CHANGE: "Contractor acknowledges and agrees that the adjustments in contract price and contract time stipulated in this Change Order represents full compensation for all increases and decreases in the cost of,and the time required to perform the entire work under Contract arising directly or indirectly from this Change Order and all previous Change Orders. Acceptance of this waver constitutes an agreement between Owner and Contractor that the Change Order represents an all inclusive, mutually agreed upon adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed." Recommended By: Approved By: Accepted By: Hani Tohme,P.E. City of Beaumont Allco,Ltd. Water Utilities Director Owner Contractor Date: Date: Date: RESOLUTION NO. WHEREAS, on August 2, 2005, the City Council of the City of Beaumont, Texas, passed Resolution No. 05-168 awarding a contract in the amount of$697,462 to Allco, Ltd. for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project; and, WHEREAS, Change Order No. 1 is required to rehabilitate approximately 1066 linear feet of 8-inch sanitary sewer lines,to remove and replace approximately 4 manholes, install three end of line clean outs, remove and replace approximately 160 square feet of concrete pavement, replace approximately 19 service connections and post televise the rehabilitated lines increasing the contract amount by $44,718 thereby increasing the contract amount to $742,180. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Change Order No.1 increasing the contract amount by$44,718 for a total amount of$742,180 for the Sanitary Sewer Rehabilitation of Small Diameter Mains Contract-XI Project. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of February, 2007. Mayor Guy N. Goodson- I� 6 February 6,2007 Consider approving a contract for temporary personnel services 1179� f A City Council Agenda Item -air c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max Duplant, Chief Financial Officer MEETING DATE: February 6, 2007 AGENDA MEMO DATE: January 30, 2007 REQUESTED ACTION: Council consider award of a contract for temporary personnel services. RECOMMENDATION Administration recommends the award of an annual contract for providing temporary employees to Personnel Staffing of Beaumont, Texas. BACKGROUND Seven(7) companies submitted bids for an annual contract to provide temporary employees to fill business office positions as well as to provide skilled and unskilled laborers. Temporary employees are necessary for various job positions throughout the City when vacancies occur due to events such as medical leave, vacations, or short term projects. Specifications for the contract require temporary staffing agencies to provide pre-screened and qualified individuals on an on-call and as-needed basis. Temporary employees must pass a drug screen and a criminal background search prior to being assigned to the City. Criminal background information to be considered is available to the public through the Texas Department of Public Safety's Crime Records Division.The contract specifications requested firm hourlyprices inclusive of wages, benefits, testing, screening, workers' compensation, taxes, and agency fees. Administration recommends awarding the contract to Personnel Staffing of Beaumont at the hourly rates indicated below. The agency has consistently provided pre-screened qualified individuals to fill frequent temporary positions during prior contracts with the City. The apparent overall lowest bidder, Advanced Staffing,has held the contract during the past year and has had some difficulties consistently filling positions in a timely fashion. All Temps Personnel of Dallas submitted a lower hourly rate for laborers only and does not have a local office. Temporary Personnel Services January 30, 2007 Page 2 Office I Office II Skilled Unskilled Laborer Laborer Vendor Hourly Rate HourIv Rate HourIv Rate HourIv Rate Advanced Staffing $8.32 $8.96 $9.75 $9.10 Beaumont, TX Personnel Staffing $9.80 $10.50 $11.20 $10.50 Beaumont, TX Kelly Services $10.40 $11.16 No Bid No Bid Beaumont, TX All Temps Personnel $10.53 $10.75 $10.80 $10.40 Dallas, TX Advanced Temporaries $11.70 $14.40 $16.50 $10.09 Tyler, TX Silva Employment Network $12.42 $13.80 $18.63 $14.90 Nederland, TX Eagle-Pro Staffing $11.85 $14.80 $19.20 $14.40 Beaumont, TX During the twelve(12)month period beginning January 1,2006 and ending December 31,2006 the City paid staffing agencies approximately$145,000 for temporary office positions and temporary skilled and unskilled laborers. BUDGETARY IMPACT Funds are available in each Department/Division's budget for temporary personnel. RESOLUTION NO. WHEREAS, bids were received for an annual contract to provide temporary employees to fill business office positions and to provide skilled and unskilled laborers for City departments; and, WHEREAS, Personnel Staffing of Beaumont, Texas, submitted a bid at the hourly rates shown below: Office I Office II Skilled Laborer Unskilled Laborer $9.80/hr. $10.50/hr. $11.20/hr. $10.50/hr. and, WHEREAS, City Council is of the opinion that the bid submitted by Personnel Staffing should be accepted; , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the bid submitted by Personnel Staffing at the hourly amounts shown above be accepted by the City of Beaumont. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of February, 2007. Mayor Guy N. Goodson - WORKSESSION * Review and discuss the status of the Gilbert Building * Review and discuss the possibility of placing on the May 12, 2007 Ballot the sale � of three vacant and surplus park properties INTER-OFFICE MEMORANDUM I. A. City of Beaumont, Texas K, Legal Department Date: February 1, 2007 . To: Mayor and City Council From: Tyrone E. Cooper, City Attorne*J Subject: Gilbert Building COMMENTS The object of this memo is the Gilbert Building located at 328 Bowie in downtown Beaumont. A testamentary gift from the Elizabeth Gilbert Fortune Estate made possible the arcquisition of this building by the City of Beaumont in 1998. One document of conveyance om Chase Bank of Texas as Trustee under the will of Wilbur Carroll Gilbert, Jr., and as successor Trustee under the will of Elizabeth B. Gilbert was a Special Warranty Deed dated December 29, 1998. This deed was subject to certain restrictive covenants limiting how the building was to be used by the City. Specifically, the building was to be designated as the Gilbert Cultural Center to be utilized as offices or other facilities for the arts, cultural, historic preservation and similar charitable organizations, as well as other compatible community/city activities or City-related organizations or agencies. Even in death, Mrs. Fortune continued her generosity to this community by providing funding for the operation, maintenance and restoration of the Gilbert Building. After all bequests were to have been made, the balance of her estate was to have gone to the Foundation of Southeast Texas to assist with the restoration of.the Gilbert Building. As you all are aware, these funds are no longer available to the City of Beaumont for the maintenance and restoration of the Gilbert Building. Without these funds, it is not practical for the City of Beaumont to allocate funding for the maintenance and restoration of this building. The restrictive covenants recited in the Deed of Conveyance further indicated that if the building's continued use was not feasible because of age, condition, or casualty loss, the City may raze the building subject to the approval of the Grantor which, at this point, can only be the heirs of Elizabeth Gilbert Fortune. While razing the structure is an option, it was the intent of the Grantor that the building never be razed and demolition cannot be accomplished without 0 receiving the approval of the heirs. Another option available to the City is to just convey all ownership interest in the building to the heirs. This is also provided for by the terms of the restrictive covenants. Administration feels that it is not in the best interest of the City to attempt to restore this Ouilding and believes it is not practical for it to do so. Because the City of Beaumont does not ave the ability to restore this building, it would be the staff's recommendation to execute a Special Warranty Deed to the heirs as provide for by the covenants of conveyance which will give thern all interest in the building that the City presently retains. Enclosed for your information is a copy of the Special Warranty Deed with the restrictive covenants attached. As a point of information Chuck's Sandwich Shop, located in the building, is a tenant of the City. I � %3 z3ovq SPECIAL WARRANT TY DEED THE STATE OF TEXAS § KNOW ALL N1EN BY THESE PRESENT: COUNTY OF JEFFERSON That CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF WILBUR CARROLL GILBERT, JR., AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL OF W. C. GILBERT, SR., AND AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF ELIZABETH B. GILBERT, for and in consideration of the sum of TEN AND N01100 DOLLARS (510.00), and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED, and by these presents doers GRANT, SELL and CONVEY, unto the CITY OF BEAUMONT, a home rule city of the State of Texas, all of its right, title and interest, being an undivided five-sixths (5/6th) in and to the following described real property in Jefferson County, Texas, to-wit: The South one-half('/z) of both Lots 220 and 221 in Block 40 of the Original Townsite of Beaumont, Jefferson County, Texas, as shown on the plat thereof recorded in Vol. 448 page 249, Deed Records, Jefferson County, Texas, said property being 60' in length along Pearl Street and 120' in length along Bowie Street. This conveyance is made subject to the following: (1) Standby fees and taxes on the above described property for 1998, and subsequent years, payment of which Grantee has assumed, (2) All zoning laws, building codes and other regulations and ordinances of municipal and other governmental authorities, if any, but only to the extent that they are still in effect,.relating to the above described property; (3) All restrictions, easements, covenants, and conditions of record in the office of the County Clerk of Jefferson County, Texas, to the extent they are still in effect and relate to the above described property; and (4) All prior reservations, conveyances and severances of oil, gas and other minerals, and royalties in oil, gas and other minerals of record in the office of the County Clerk of Jefferson County, Texas, relating to or affecting the above described property, together with all rights, privileges, easements and immunities appurtenant thereto, and together with all leases and assignments thereof, unit designations and pooling agreements relating to or affecting t above described property; and (5) Restrictive Covenant as set forth in Exhibit"A' attached hereto. } The property, including improvements, hereby conveyed is sold to Grantee AS IS and WITH ALL FAULTS; no warranties of any kind are implied in this transaction with respect to suc:.i property. Grantee joins in the execution of this deed to evidence its acceptance and acknowledgment of the terms of this deed. This instrument contains the entire agreement of Grantor and Grantee and there are no representations, understandings or agreements, oral or written, which are not included herein. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever; and Grantor does hereby bind itself, its successors, executors and administrators to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through, or under it, but not otherwise.. EXECUTED this `!' day of December, 1998. CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF WILBUR CARROLL GILBERT,JR.,AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL OF W. C. GILBERT, SR., AND AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDERTHE WILL AND CODICIL OF ELIZABETH B. GILBERT David r u�1*+ •8bds�en-L Facsfi/��11r���� THE STATE OF TEXAS COUNTY OF JEFFERSON s T nt was acknowledged before me on the c mid day of December, 1998 by � as and Trust Officer of CHASE BANK OF TEXAS NATIONAL 2 ASSOCIATION, AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF WILBUR CARROLL GILBERT, JR., AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WII.L OF W. C. GILBERT, SR., AND AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF ELIZABETH B. GILBERT. VICKI HAWTHORNC�+ c a NOTARY PUBLIC NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS My Comm.Exp.2-9-2002 Cl�t I� uJ�t—f r2 (Printed Name of Notary) ACCEPTED: CITY OF BEAUMONT By: Ray Riley, City Hager Grant e Grantee's Address: City of Beaumont Attn: Ray A. Riley, City Manager P. 0. Box 3827 Beaumont, Texas 77704 AFTER RECORDING RETURN TO: C� U Saq 38';�? rX 3 EXHIBIT "A" RESTRICTIVE COVENANT TO SPECIAL WARRANTY DEED DATED DECEMBER 28, 1998 BETWEEN CHASE BANK OF TEXAS, NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF WILBUR CARROLL GILBERT, JR., AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL OF W. C. GILBERT, SR., AND AS SUCCESSOR TRUSTEE OF THE TESTAMENTARY TRUST UNDER THE WILL AND CODICIL OF ELIZABETH B. GILBERT AS GP_kNI TOR AND CITY OF BEAUMONT AS GRANTEE Grantee agrees that the property described above shall be permanently designated as the Gilbert Cultural Center" and that Grantee shall utilize the Building thereon as offices or other facilities for the arts, cultural, historic preservation and similar charitable organizations, as well as other compatible community, city activities, or city-related organizations or agencies, withdri the City of Beaumont, Texas. Grantee also agrees to use reasonable diligence in the restoration, preservation anc, maintenance of the Building as is practicable and within the Grantee's ability to do so. It is the intention of the parties that the Building never be razed; however, if after December 31, 2003, its continued use is not feasible because of age, condition or casualty loss, Grantee may raze the Building subject to the approval of the Grantor. Prior to razing the Building, Grantee shall give written notice to Grantor of its intention to raze the Building, requesting Grantor's approval. If Grantor does not agree within thirty(30) days after the date of such notice that the Building may be razed, title to the property shall automatically revert to Grantor and Grantee will execute a Special Warranty Deed to Grantor and file such deed of record in the Deed Records of Jefferson County, Texas. In the event Grantee at any time breaches the foregoing restrictive covenants, Grantor shall have the right to demand a reversion of the Property to Grantor, and Grantee agrees to execute a warranty deed in favor of Grantor upon the written request of Grantor. Filed for Record in: JEFFERSON COUNTY TX SANDY WALKER - ANTY CLERK STATE OF TEXAS On Dec 30 1998 COUNTY OF JEFFERSON At 3:11p■ I hereby certify that this irMfument was tiled on Receipt #: 181577 the date and time stamped hereon by me and was duly Recording: 9.00 recorded in the Official Public Records of R of Jefferson County,Texas,on eal Property Doc/hgrat : 6.00 Doc/Hum : 98- 9847631 Doc/Type : REC DEC 3 �99� Deputy - Default Cashier ID `uuMTM"Eq i Y At time 44f kcariatiaa this in4tma nt us faced to ie iwdeT, far!1 aphic eprodectioe true to : ' (ille�ihlity,citiar gory, dismlared "per, County Clerk,Jeffersnf�wunty,Tezas deteriariatioe, ete.) I INTER-OFFICE MEMORANDUM '® ` City of Beaumont, Texas Capital Projects Division Date: February 2, 2007 To: Kyle Hayes, City Manager From Brenda Beadle-Capital Projects Manager Subject: Sale of Surplus Park Property COMMENTS A workshop will be conducted on Tuesday, February 6, 2007, to review and discuss placing the sale of vacant park property on the May 12'election ballot. State statutes require a vote of the citizens to sell park property. Proceeds from the sale must used for park improvements. The attached presentation will be presented. Pictures of the park are included for your review. If you have any questions,please call. luowneaq jo Al!:) A:Pedojd MjBd snidinS Ved undid . Ved puej�ieo/ajdeN . IJed :paq@H :snjdans PGJelOOCI sued aaayl . saiOu910119a . aziS aIiS . uoijeoo� . :Aq pauiwjele(] ApgdOJd Ved snjdanS . VIII paeM) ( 1,OLLL) soOad 55ZZ `Ved ue9­101AI . :eaae aleipawuai aye ui sued . 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