HomeMy WebLinkAboutPACKET FEB 20 2007 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 20, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Ralph Jordan would be reappointed to the Historic Landmark Commission. The current term
would expire June 19, 2008. (Councilmember Lulu Smith)
A) Approve change orders related to the Julie Rogers Theatre renovation
B) Authorize the City Manager to execute a Utility Joint Use Agreement and a Standard
Utility Agreement with West Texas Gulf Pipe Line Company for the Phelan Boulevard
Pavement Widening Project
C) Authorize a License to Encroach
D) Approve the renewal of an agreement between the City of Beaumont and the State
Firemen's and Fire Marshals' Association for the Fire Museum of Texas
A
City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 13, 2007
REQUESTED ACTION: Council approval of Change Orders for the Julie Rogers
Theatre renovation.
RECOMMENDATION
Approval of Change Order Nos. 16-18 for repairs and renovations to the Julie Rogers Theatre in the
amount of$184.41 to Bruce's General Construction.
BACKGROUND
Additional work required for the renovation of the Julie Rogers Theatre has resulted in the following
change orders:
Change Order No. 16 -
• Renovations to the Southeast entrance including new aluminum ceiling grid and tiles,
painting of exterior porch soffits, walls and doors and new light fixtures.
• Construction of an enclosed glass cabinet to conceal the counter in Room 116 and
miscellaneous electrical changes for security system and light fixtures.
• Construction of a closet to conceal the main terminal switch for phone and computers in 2"a
floor offices.
• Furnish and install new paper towel dispensers in restrooms. Original paper towel
dispensers were to be constructed in the wall. As construction progressed,it was determined
that the dispensers would not fit in the location as designed. Upon further review, it was
discovered that the paper towel unit did not have the capacity needed for this type of facility.
A flush-mounted wall unit with ample capacity was chosen as a replacement. Powder
coating the units was requested to complement color scheme in restrooms.
Renovations to the Julie Rogers Theatre
February 13, 2007
Page 2
•
2'Floor concession area will be equipped with one beverage dispenser. This requires the
installation of an ice bin and modification to the sink and countertop.
• Ticket Office - The original counter in the Ticket office was scheduled to remain as it was
constructed in 1982. It was not ADA compliant nor is it a convenient and efficient
workspace for staff. New cabinets will be designed to accommodate computerized ticket
processing equipment and additional staff during crowded sales events.
• Restroom Partitions - In the original design,the restroom partitions were to be constructed
of"Silestone", a natural quartz product. This material, usually used for countertops, is
heavy and not practical for restroom partition walls and doors. This material was deleted
and substituted with a lighter weight laminate product resulting in a substantial credit of
$42,352.00 to the cost of the project.
Change Order No. 16 resulted in a deduction of$16,366.65.
Chance Order No. 17 -
• Addition of two new circuits in the north and south corridors for lighting. Two fixtures will
be on separate circuits so as to not overload the main generator backup circuit used in case
of an emergency. This change was made at the recommendation of the electrical engineer
for this project.
• Auditorium return air system was installed incorrectly during the 1982 renovation. Part of
the system was not connected to the air conditioning unit and electrical conduit was installed
incorrectly. According to our Building Services Manager, there had been unresolved
problems with the air conditioning unit but until the ceiling was opened during the
remediation,the cause of the problem was not known. This cost includes building a new 20
ft. extension and removing existing grid and plaster.
• Lamps in the auditorium ceiling are difficult to change because of limited access. All light
bulbs were replaced while scaffolding was in place.
Change Order No. 17 totaled $15,064.00.
Change Order No. 18 -
• Electrical upgrades to allow for control of the 2nd floor corridor lighting from the control
room. Allows staff to remotely flash lights to signify end of intermission.
Change Order No. 18 totals $1,487.06.
Renovations to the Julie Rogers Theatre
February 13, 2007
Page 3
To date,Change Order Nos.l -15 have increased the contract total to$2,125,291.60. Change Orders
Nos. 16-18 result in an addition of$184.41 to the contract for a new total of$2,125,476.01. The net
change to the contract is below 1%.
The original contract amount was $1,845,000. Total Change Orders to date have increased the
contract by 15.2%.
BUDGETARYIMPACT
Funding will be provided by the Capital Programs Fund.
i
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 16
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: February 9, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont, TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. Additions to Lobby 130 plus Overhead and profit of 5%. ADD $3,589.53
2. Changes and Additions to Display Room plus Contractors Overhead and ADD $9,383.48
Profit of 5%
3. Additions to Work Room 250 plus Contractors Overhead and Profit of 5% ADD $811.39
4. Delete(17)Model#0439 Paper Towel Dispensers DEDUCT ($1,984.00)
5. Add(11)Model#6467 American Specialties Paper Towel Dispensers ADD $2,860.00
6. Credit on installation of 6 units DEDUCT ($150.00)
7. Add Wet Black power coat to all 11 paper towel dispensers ADD $975.00
8. Contractors Overhead and profit of 5%on items 4-7 above. ADD $85.00
9. Remove and reinstall sink. ADD $240.00
10. Install new Ice bin to match downstairs concession ADD $2,885.00
11. Modify cabinet to receive ice bin. ADD $600.00
12. Contractors Overhead and Profit of 5%on items 9-11 above. ADD $186.25
13. Powder coat frames(2)for the display cabinets plus Contractors Overhead ADD $446.25
and profit of 5%.
14. Renovations to Ticket Office plus Contractors Overhead and Profit of 5% ADD $6,057.45
16. Credit on Partitions Hardware plus Contractors Overhead and Profit of 5% DEDUCT ($42,352.00)
TOTAL DEDUCT ($16,366.65)
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders..................................................................................$280,291.60
The Contract Sum prior to this Change Order was.................................. .. $2,125,291.60
. ...............................................
The C sum will be decreased by this Change Order in the amount of .............................................($16,366.65)
V.T o Sum including this Change Order will be................................................ .........$2,108,924.95
be increased by zero(00)days.
n to f ami Completion as of the date of this Change Order therefore is April 23,2007.
I s oes not reflect changes in the Contract Sum or Contract Time, which have been authorized by
* 1 coon hange Directive.
ectural Group Bruce's General Construction, Inc. City of Beaumont
79 enue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumon Te as 77706 Beaumont, Texas 77707 Beaumont, Texas 77704
By: By. By:
Date: 2/Z'O? Date: �- - d2 -04 Date:
CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 17
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: February 9, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont, TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. Add two ordinary circuilts in the north and south corridors. Labor, Material ADD $1,869.00
and 10%markup fee.
2. Build new A/C return air extension approx.20'as per John Morgan. ADD $3,885.00
3. Remove and reinstall existing grid to gain access. ADD $225.00
4. Remove existing plaster ceiling and dispose. ADD $375.00
S. Cleanup. - ADD $125.00
Remove electrical J boxes from return air duct, rework conduit off a plaster ADD $7,710.00
ceiling.
7. Clean lens to 6 large fixtures in auditorium and relamp 50 recessed cans in ADD $875.00
auditorium.
TOTAL ADD $15,064.00
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders..................................................................................$263,924.95
The Contract Sum prior to this Change Order was..................... ............$2,108,924.95
................................................ ..
The Contract sum will be;desFed.by this Change Order in the amount of ...............................................$15,064.00
The new Contract Sucluding this Change Order will be .....................................................................$2,123,988.95
z6ci-msed Q
The Contract Time will be increased by zero(00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23, 2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys Ajvegue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, x 77706 Beaumont,Texas 77707 Beaumont, Texas 77704
By: By. By:
Date: Date: Date:
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CHANGE ORDER
PROJECT: Improvements to the Julie Roger's CHANGE ORDER NO: 18
Theatre
CONTRACTOR: Bruce's General Construction, Inc. DATE: February 8, 2007
175 Reynolds Road ARCHITECT'S PROJECT NO.: 05004
Beaumont,TX 77707 CONTRACT DATE: August 9, 2006
CONTRACT FOR: Improvements
The Contract is changed as follows:
1. Addition of relays on lighting as per attached quote. ADD $1,416.25
2. Contractors Overhead and Profit @ 5%. ADD $70.81
TOTAL $1,487.06
**See attached breakdowns
Not valid until signed by the Owner,Architect,and Contractor.
Theoriginal Contract Sum was................................................................................................................. $1,845,000.00
Net change by previously authorized Change Orders..................................................................................$278,988.95
The Contract Sum prior to this Change Order was....................................................................................$2,123,988.95
The Contract sum will be by this Change Order in the amount of .................................................$1,487.06
The new Contract Sum inc ding this Change Order will be .....................................................................$2,125,476.01
%hereased
The Contract Time will be increased by zero(00)days.
The date of Substantial Completion as of the date of this Change Order therefore is April 23,2007.
NOTE: The summary does not reflect changes in the Contract Sum or Contract Time, which have been authorized by
Construction Change Directive.
The LaBiche Architectural Group Bruce's General Construction, Inc. City of Beaumont
7999 Gladys venue, Suite 101 175 Reynolds Road P. O. Box 3827
Beaumont, e s77706 Beaumont,Texas 77707 Beaumont, Texas 77704
By: By:�. By.
Date: V./AV Date: Date:
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* 16306
OF
RESOLUTION NO.
WHEREAS, on August 15, 2006, the City Council of the City of Beaumont, Texas,
passed Resolution No. 06-229 awarding a contract in the amount of$1,845,000 to Bruce's
General Construction, Inc., Beaumont, Texas, to furnish all labor, materials, supplies and
equipment to renovate the interior of the Julie Rogers Theatre; and,
WHEREAS, Change Order No. 1 was executed on November 2, 2006 for plumbing
repairs in the amount of$5,331.75 thereby increasing the contract to$1,850,331.75; and,
WHEREAS,the City Council of the City of Beaumont,Texas, passed Resolution No.
06-366 on December 5, 2006 approving Change Order No. 2 in the amount of$65,380.01
increasing the contract amount to$1,915,712.76 for the installation of a concrete ramp and
handrails in auditorium entrances, additional plaster repair in the auditorium ceiling and
installation of rubber flooring in concession areas and elevator; and,
WHEREAS, Change Order No. 3 in the amount of $9,979.20 executed on
December 12, 2006 for additional paint prep work on auditorium ceiling beams due to
water damage; and,
WHEREAS, Change orders No. 4, 5 and 6 were required as shown below:
Change Order No.4 submitted December 12, 2006 in an amount of$17,139.07
includes:
1) Installation of new ceiling grids and ceiling tiles in foyers and stairways, control
room, 2"d floor concession area, and 1St floor meeting room. These areas were
omitted in the original plans and specifications. After construction began and
these areas were opened, damaged ceiling tiles and rusted grids were
discovered.
2) Installation of drywall in restrooms to accommodate raised floor. Drywall had
to be raised to accommodate raised floor in restrooms.
3) Add an overlay of sheetrock to paneled rooms previously scheduled for
repainting in the 2nd floor offices. The existing paneled walls were scheduled
to be painted but upon closer inspection, damage to the 30 year old paneling
was noted, thus the decision was made to overlay the paneling with sheetrock.
4) Furnish and install acoustical ceilings in 2nd floor north and south corridors. The
original plans called for recessed lighting with plaster ceilings. Since these are
office and dressing room corridors that will not be open to the public, it was
decided to lower the ceiling and install acoustical tiles.
5) Replacement of rusted metal studs found in restroom walls, janitor closets and
other interior room walls. The studs were rusted from water leaks not known
until existing walls were removed.
Change Order No. 5 submitted December 13, 2006 in an amount of$38,396.45
includes:
1) Leveling of restroom floors. After demolition of existing restrooms, it was
discovered that the floors were not level due to the settling of the foundation on
the north and south sides of the building. The floors need to be raised 2 %2 to
3 Y2 inches to accommodate the installation of new restroom facilities and
flooring. After consulting with a structural engineer, it was determined that the
floors could be leveled by using concrete and a leveling compound. In addition,
all plumbing stub outs and drains must be raised to accommodate the new floor.
2) Additional stencil work by Conrad Schmitt in the west auditorium entrances.
Conrad Schmitt's original bid included lobby and hallway stencils. It was
decided to continue the same pattern in auditorium vestibules. The cost for this
additional artistic stenciling is $2,278.50.
3) Plumbing repairs. These include replacing air conditioning drains, storm drains
and miscellaneous plumbing repairs.
Change Order No. 6 submitted December 21, 2006 in an amount of$71,896.82
includes:
• New and revised lighting. The original specifications for lighting were based on
a decorating scheme designed by La6iche Architectural Group. The award of
the construction bid included an alternate bid item using the artistic design work
by Conrad Schmitt Studios for painting the lobby walls, auditorium and corridors.
The design scheme includes beautiful floral patterns in soft pastels, stenciled
and hand painted on wall panels and hand-painted ceiling murals. The lighting
fixtures originally specified are not appropriate for the new design concept.
Included in this change order are new chandeliers for the north and south
lobbies. The contractor allowed $10,715 in his bid for cleaning and repairing the
existing chandeliers. New chandeliers were selected after it was discovered that
the existing chandeliers had damage beyond repair. The price for the four
chandeliers including four mechanical lowering devices, new wiring and wall
controls, and installation is$55,060. In addition, new chandeliers not scheduled
for replacement in the original bid were selected for the Green Room, the Ticket
Lobby and corridors. Most of the cost was offset by the deletion of numerous
fixtures originally specified that did not compliment the architectural integrity of
the building.
Change Order No.'s 4, 5 and 6 in the total amount of $127,432.29 increased the
contract amount to $2,053,123.25; and,
WHEREAS, Change Order No.'s 7, 8 and 9 were required as shown below:
New Contract
Executed Reason Amount Amount
No. 7 1/18/07 Cabling installation $5,363.35 $1,986,589.78
No. 8 1/23/07 Drywall, insulation, cleanup and
debris removal, misc. a/c changes $6,444,82 $2,064,931.42
No. 9 1/23/07 Sheetrock for 14 doorways, tape,
float and paint, new base trim $3,606.75 $2,068,538.17
and,
WHEREAS, Change Order No.'s 10 - 15 were required as shown below:
Change Order No. 10 in an amount of$24,733.91 includes:
• Material and labor to modify auditorium floor to accommodate new seating
layout. Electrical and communication lines to be relocated in this area. Paint
both the auditorium and balcony concrete floors.
Change Order No. 11 in an amount of$5,092.50 includes:
• New laminate countertops and new cabinet doors in second floor concession
area.
Change Order No. 12 in amount of$9,284.10 includes:
• Miscellaneous repairs in various rooms and corridors.
Change Order No. 13 in an amount of$11,369.17 includes:
1) New carpet to be installed in the performer's dressing rooms,which includes one
on the 1 st level and three on the 2nd level;
2) A brick paved floor similar to the southeast entrance lobby floor;
3) Installation of an automatic door, new glass and glazing of the sidelites and
transom and electrical connections.
Change Order Nos. 14 and 15 in an amount of$6,273.75 include:
• Remodel the wall inset to mount ADA drinking fountains and additional painting.
Paint the Rose Room and Chorus Dressing Rooms; and,
WHEREAS, Change Order Nos. 16 - 18 are required as shown below:
Change Order No. 16 in an amount of($16,366.65) include:
1) Renovations to the Southeast entrance including new aluminum ceiling grid
and tiles, painting of exterior porch soffits, walls and doors and new light
fixtures.
2) Construction of an enclosed glass cabinet to conceal the counter in Room 116
and miscellaneous electrical changes for security system and light fixtures.
3) Construction of a closet to conceal the main terminal switch for phone and
computers in 2nd floor offices.
4) Furnish and install new paper towel dispensers in restrooms.
5) 2nd Floor concession area will be equipped with one beverage dispenser.
This requires the installation of an ice bin and modification to the sink and
countertop.
6) Ticket Office - The original counter in the Ticket office was scheduled to
remain as it was constructed in 1982. It was not ADA compliant nor is it a
convenient and efficient workspace for staff. New cabinets will be designed
to accommodate computerized ticket processing equipment and additional
staff during crowded sales events.
7) Restroom Partitions- In the original design, the restroom partitions were to be
constructed of "Silestone", a natural quartz product. This material, usually
used for countertops, is heavy and not practical for restroom partition walls
and doors. This material was deleted and substituted with a lighter weight
laminate product resulting in a substantial credit of $42,352.00 to the cost of
the project.
Change Order No. 17 in an amount of$15,064.00 include:
1) Addition of two new circuits in the north and south corridors for lighting. Two
fixtures will be on separate circuits so as to not overload the main generator
backup circuit used in case of an emergency. This change was made at the
recommendation of the electrical engineer for this project.
2) Auditorium return air system was installed incorrectly during the 1982
renovation. Part of the system was not connected to the air conditioning unit
and electrical conduit was installed incorrectly. According to our Building
Services Manager, there had been unresolved problems with the air
conditioning unit but until the ceiling was opened during the remediation, the
cause of the problem was not known. This cost includes building a new 20 ft.
extension and removing existing grid and plaster.
3) Lamps in the auditorium ceiling are difficult to change because of limited
access. All light bulbs were replaced while scaffolding was in place.
Change Order No. 18 in the amount of$1,487.06 includes:
• Electrical upgrades to allow for control of the 2nd floor corridor lighting from the
control room. Allows staff to remotely flash lights to signify end of intermission.
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.'s 16 - 18 in the total amount of $184.41 thereby increasing the contract amount to
$2,125,476.01.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
I
I
BII
City Council Agenda Item
M � ' c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 12, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
execute a Utility Joint Use Agreement and a Standard Utility
Agreement with West Texas Gulf Pipe Line Company for the
Phelan Boulevard Pavement Widening Project.
RECOMMENDATION
Administration recommends the City Manager be authorized to execute the above named utility
agreements.
BACKGROUND
The City of Beaumont is widening Phelan Boulevard from Major Drive to Keith Road. This
street improvement will necessitate the adjustment, removal or relocation of facilities owned by
West Texas Gulf Pipe Line Company. This agreement allows the City to monitor the plans,
specifications, costs and the implementation of the utility adjustments for reimbursement
purposes.
BUDGETARYIMPACT
The total cost or reimbursement for the adjustment of the facilities will be 100% of the actual
costs, which is the amount owed to the utility companies by the City of Beaumont. Estimated
costs for West Texas Gulf Pipe Line Company is$36,282.
�errgtexasJ gulf agneenxmt-ib.wpd
12 February 2007
l
City of Beaumont/Standard Utility Agreement
Page i of 2 standard utility-N
STANDARD UTILITY AGREEMENT
County J E Fr-52SaM Street Name PIS LLW &)ULE V,4 RD
From V r-IT4 I Z.oA D -- L 5`C- To _ 1 . 3 2 MILLS
This Agreement by and between the City of Beaumont, a municipal corporation, domiciled in Jefferson
County, Texas, hereinafter called the City, and
,hereinafter called the Owner, acting by and through
its duly authorized representative,shall be effective on the date of approval and execution by and on behalf
of the City.
WHEREAS, the City has deemed it necessary to make certain street improvements generally described as
follows: County J EFFEPSml Street _PHELAN 6W(-4 L AiZD located from
EJrH 1QDAb — C4S7" to /- 3Z
/')iLj�7S
and,
WHEREAS, this proposed street improvement will necessitate the adjustment, removal or relocation of
certain facilities of Owner as indicated in the following statement of work:
�`MN G&s d N \N7-6- C.t P11Zf-
and such work is shown in more detail in Owner's preliminary plans, specifications and cost estimates
which are attached hereto and made a part hereof, and,
WHEREAS,the City desires to implement the adjustment, removal or relocation of Owner's facilities by
entering into an agreement with said Owner as soon as possible;
NOW, THEREFORE BE IT AGREED:
The City, subject to the acquisition of such rights or interests as may be deemed necessary along or across
Owner's interest in land,will pay to Owner the costs incurred in adjusting,removing or relocating Owner's
facilities up to the amount said costs may be eligible for City participation.
The Owner has determined that the method to be used in developing the adjustment,removal or relocation
costs shall be as specified for the method checked and described hereafter:
(1) Actual direct and related indirect costs accumulated in accordance with a work order
accounting procedure prescribed by the applicable Federal or State regulatory body.
(2) Actual direct and related indirect costs accumulated in accordance with an established
accounting procedure developed by the Owner and approved by the City.
(3) An agreed lump sum of$ _3 CO �Z,��y , as supported by the analysis of
estimated cost attached hereto.
City of Beaumont/Standard Utility Agreement
Page 2 of 2 standard_utility.wpd
If costs are developed under procedure(1) or(2) as hereinbefore specified, the City will,upon satisfactory
completion of the adjustment,removal or relocation and upon receipt of a detailed final billing prepared in
acceptable form and manner, make payment in the amount of ninety (90) percent of the eligible costs as
shown in the final billing prior to the required audit and after such audit shall make final payment in an
amount so that the total payments will equal the amount found eligible for City reimbursement by the final
audit. When requested, the City will make intermediate payments at not less than monthly intervals to
Owner when properly billed and such payments will not exceed eighty(80)percent of the eligible cost as
shown in each such billing. Intermediate payments shall not be construed as final payment for any items
included in the intermediate payment. If costs are developed under procedure(3) as hereinbefore specified,
the City will,upon satisfactory completion of the adjustment,removal or relocation and upon receipt of a
billing prepared in acceptable form and manner, make payment to Owner in the agreed amount.
Upon execution of this agreement by both parties hereto, the City will, by written notice, authorize the
Owner to proceed with the necessary removal, adjustment or relocation, and the Owner agrees to prosecute
such work diligently to completion in such manner as will not result in avoidable interference or delay in
either the City's street construction or in the said work. The Owner will carry out said removal, adjustment
or relocation, accurately record the costs, and retain such records in accordance with applicable rules,
regulations and procedures of the City, and the costs paid by the City pursuant to this agreement shall be
full compensation to Owner for all costs incurred by Owner in making such adjustment, removal or
relocation. Bills for work hereunder should be submitted to City not later than ninety (90) days after
completion of the work.
In the event it is determined that a substantial change from the statement of work contained in this agreement
is required,reimbursement therefor shall be limited to costs covered by a modification of this agreement or
a written change or extra work order approved by the City.
It is expressly understood that this agreement is subject to cancellation by the City at any time up to the date
that work under this agreement has been authorized and that such cancellation will not create any liability
on the part of the City. The Owner by execution of this agreement does not waive any of the rights which
Owner may legally have within the limits of the law.
IN WITNESS WHEREOF, the parties hereto have affixed their signatures.
Owner: TGTASG Lr-Pft' ; Lt 60r4NI CITY OF BEAUMONT
ility m
By: By:
Authorized Signature Kyle Hayes, City Manager
Title: � IO NAEI=�:-Lu!s QTV-- Date:
Date: Zhle 7
RETURN TO:
City of Beaumont
Ronnie Pullin
P.O.Box 3827
Beaumont,TX 77704
RESOLUTION NO.
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 Utility Joint Use
Agreement and a Standard Utility Agreement with West Texas Gulf Pipe Line Company
for the Phelan Boulevard Pavement Widening Project. The agreements are substantially
in the forms attached hereto as Exhibits "A" and "B" and made a part hereof for all
purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
City of Beaumont/Utility Joint use Agreement
Page 1 of 2
UTILITY JOINT USE AGREEMENT
THE STATE OF TEXAS X
Jefferson County
COUNTY OF JEFFERSON Street Dame.- NC--LQAt- jDvc /Z RD,
> .
Fi2c0oV. V&I-f-f f2-64y7
�TDhsy' ) 3 Z
WHEREAS, the City of Beaumont, a municipal corp�ratiodled ,
'Texas;he"reuiaffer called tie C><
ty,proposes to make certain street improvements on that section
of the above indicated street; and
WHEREAS,the
hereinafter called the Owner,proposes to retain, locate or relocate certain of its facilities ili and
retain title to any property rights it may have on, along or across, limits
and within or over such li
of the street right of way as indicated on the plans attached.to Standard Utility Agreement
executed by Owner on the day of as
sketches attached hereto except as provided hereinbelow; 200_, or on location
NOW, THEREFORE, it is hereby mutually agreed that joint usage for both street and utility
purposes will be made of the area within the street right of way limits as such area is defined and
to the extent indicated on the aforementioned plans or sketches. Where Owner by reason of
ownership of an easement or fee title or otherwise under law has the right to alter, modify or add
to facilities presently located within the area above described or construct additional facilities
therein, such right is hereby retained,provided,however, if existing facilities are to be altered or
modified or new facilities constructed within said area the Owner agrees to notify the City
thereto, to furnish necessary sketches showing location, type of construction and ethod o be prior
used for protection of traffic, and if in the opinion of the City,
new-construction will injure the street or endanger the traveling public using said modification or
shall have the right, after receipt of such notice, to prescribe such regulations g street, the.City
protection of the street facility and the traveling public using said strt r id necessary f for the
however, that such regulations shall not extend to the re p further,
overhead lines underground or the routing of any lines outside of the area of joint usage above
described. g
In the event of an emergency, it being evident that immediate action is necessary f
protection of the public.and to m;n;,,,;zany or the
hereto may at their own responsibility and property ake necessary emergency repairs,noti party
notifying the
EXHIBIT "A"
City of Beaumont/Utility Joint use Agreement
Page 2 of 2
other party hereto of this action as soon as is practical.
Participation in actual costs incurred by the Owner for any future adjustment, removal or
relocation of utility facilities required by street construction shall be in accordance with and to
the extent possible under applicable laws of the State of Texas. Except as expressly provided
herein, (1) the Owner's rights of access to the through-traffic roadways and/or ramps shall be
subject to the same rules and regulations as apply to the general public, and (2) the Owner and
the City,by execution of this agreement, do not waive or relinquish any right which they may
have under the law or Constitution, State or Federal.
In the event the Owner fails to comply with the requirements as set out herein, the City may take
such action as it deems appropriate to compel compliance.
IN WITNESS WHEREOF,the parties hereto have affixed their signatures.
Owner: ' T �t�- i �P�1-1 N (.o►�t �tit '`
By:
O=KVL S.
Title: V 11 ie-- p St �.T----
Date: _ Z ///(, '7
The City of Beaumont
By:
Kyle Hayes
City Manager
Date:
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City g Council Agenda Item
•�•
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 12, 2007
REQUESTED ACTION: Council consider a resolution authorizing the granting of a License to
Encroach to Robin A. and Debbi S. Roberds into a utility easement
at 1630 Shirley Circle.
RECOMMENDATION
Administration recommends authorization to execute the License to Encroach.
BACKGROUND
A swimming pool and concrete surround are encroaching 6 feet for a distance of approximately
fifty-five feet(55')into the City's sixteen foot(16)utility easement along the rear of the lot. The
easement is located at 1630 Shirley Circle and is described as being out of Lot 11, Block 2,
Wescalder Estates Addition.
The License to Encroach protects the City from liability and provides a thirty(3 0)day cancellation
clause.
BUDGETARY IMPACT
There is a one time fee of$500 for the License to Encroach.
engroberds-ib.wpd
12 February 2007
RESOLUTION NO.
WHEREAS, Robin A. and Debbi S. Roberds have requested that the City of
Beaumont grant a License to Encroach six (6)feet for a distance of approximately fifty-five
(55) feet into the City's sixteen (16) foot utility easement at 1630 Shirley Circle, being out
of Lot 11, Block 2, Wescalder Estates Addition, as shown in Exhibit"A"attached hereto and
made a part hereof for all purposes; and,
WHEREAS, City staff has expended considerable time and effort in investigating the
effect of such encroachments upon the City and utilities serving the same; and,
WHEREAS, it appears that it would be equitable to allow such encroachment at this
time;
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 License to Encroach
to Robin A. and Debbi S. Roberds to encroach (6)feet for a distance of approximately fifty-
five (55) feet into the City's sixteen (16) foot utility easement at 1630 Shirley Circle, being
out of Lot 11, Block 2, Wescalder Estates Addition, to the City of Beaumont, as shown in
Exhibit "A" attached hereto and made a part hereof for all purposes for a one-time fee of
Five Hundred Dollars ($500.00) for a License to Encroach.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
CLIENT: SHAWN C. HITE AND SARAH J. HITE G.F. N0.20070035
LOT 7 LOT 8 LOT 9
FOUND 5/8'
IRON ROD FENCE FOOTING
5.4#---- Ie: -
' — FOR CORNER
7 i (CALLED N 00'01'00'W- 80.00)
N 00'01'00' W - 60.00
PP — —— — 16'UTILITY.EASEMENT
4 d d A ; 8' ON EACH SIDE
OVERHEAD —I 4
ELECTRIC
SWIMMING POOL •
COVERED
5 STREET LIGHT EASEMENT I I 8•
2.5'ON EACH SIDE
.WOOD FRAME
BUILDING n.0 2
-..: - -
ON SLAB 0 9.7 ^
°. I :
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m 0 10 0
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z ; I I I AC _�.-------FRAME RESIDENCE ON SLAB � h
LOT 12 I ••I LOT 10
cW
h 00 I I 17 COVERED co <
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m G •
22.7
�y or
00 6.9 n
o En I c
v I 20.5 J
I LOT 11 •
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CDNCRET� t
DRIVEWAY
25'BUILDING LINE —— I 1 J ' • FOUND 1/2' \
a
IRON ROD \
I �
FOUND 1/2- -
IRON PIPE I FOUND 5/8"
IRON ROD O
( s0
S Do'02'05" W - 18.65
(CALLED S 00*01'00' E— 18.58)
1630 SHIRLEY CIRCLE
NUMBER DELTA RADIUS ARC CHORD CHORD BEARING
C1-FOUND 81'0 48 43.00 47.95 45.71 S 25-49-47-E FOUND 5/8'
1-CA 7' 4 1 1 IRON ROD
C2-FOUND 8518'29 45,00 88,97 80.98 S 47K1'34' W ff"s 4'
DESCRIPTION OF SERVICES REQUESTED:_LOCATE CORNERS AND SHOW IMPROVEMENTS
SURVEYOR'S CERTIFICATION:
1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE ON THE GROUND
UNDER MY SUPERVISION, SHOWING ALL IMPROVEMENTS AND ANY VISIBLE ENCROACHMENTS, AS OF JANUARY 23. 2007
THE ABOVE TRACT BEING LOCATED AT_1630 SHIRLEY CIRCLE BEAUMONT TEXAS 77707
AND BEING DESCRIBED AS_LOT 11. IN BLOCK 2 OF WESTCALDER ESTATES ADDITION
AS RECORDED IN VOLUME, PACE 69 OF THE MAP RECORDS OF JEFFERSON COUNTY, TEXAS.
IN ACCORDANCE WITH THE FLOOD INSURANCE RATE MAP,FEDERAL EMERGENCY MANAGEMENT AGENCY, COMMUNITY—PANEL NO. 485457 0055 D
DATED 8-6-02 . THIS PROPERTY LIES IN THE ZONE NOTED. LOCATION ON MAP DETERMINED BY SCALE. ACTUAL FIELD ELEVATION NOT DETERMINED.
UNLESS REQUESTED. FITTZ do SHIPMAN. INC. DOES NOT WARRANT NOR SUBSCRIBE TO THE ACCURACY OR SCALE OF SAID MAP.
FLOOD ZONE (F.E.M.A.) X CENSUS TRACT 13.02•
REVISION DATE
PEE0F F
WALTER J. KSIA EK #Qas•oG18TE�'•x9tf•
REGISTERED PROFESSIO L LAND SU YOR NO. 5321 * •Q * Fa•,
DATE: 1-23-07 FIttZ�Shipman WALTER J. KSIAZEK
FIELD INC. •0 5321 �,.
BOOK N0.:46-09 CMandL Land ••90 ate•
NO.:07946.0005 1405 CORNERSTONE COURT BEEA�NT, TEXAS SURV'�ypP
(409)832-7238 FAX (409)832-7303 A
EXHIBIT "A"
COMMENTS FROM DEPARTMENTS AND/OR UTILITY COMPANIES
FOR
LICENSE TO ENCROACH APPLICATION
PROPERTY DESCRIPTION: Lot 11, Block 2, Wescalder Estates Addition, (1630 Shirley
Circle). Encroachment of swimming pool and concrete surround
into a sixteen foot(16)utility easement.
APPLICANT: Debbi S. Roberds
DATE OF DISTRIBUTION: January 25, 2007 DUE: February 2, 2007
1) Joris P. Colbert, City Engineer Date Received: 02-02-2007
Acceptance and Approval.
2) Jim Terry, Streets &Drainage Superintendent Date Received: 01-31-2007
Acceptance and Approval.No objections!
3) Jack Maddox, Fire Marshall Date Received: 02-01-2007
Acceptance and Approval.
4) Hani Tohme, Water Utilities Date Received: 01-26-2007
Acceptance and Approval. The City does not have facilities crossing within the encroachment
area. Enclosed are a set of maps for existing water and sanitary sewer facilities within the vicinity
of this property. According to the water maps,we do not have a water main within the 16'utility
easement. According to the sanitary sewer maps,we have an eight(8) inch sanitary sewer main
in the sixteen (16) foot utility easement located between Shirley Circle and Reynolds Road. It
appears the eight (8) inch sanitary sewer main is located on Lot 8, Block 2, Wescalder Estates
Addition.
5) Stephen Richardson,Planning Manager Date Received: 01-25-2007
Acceptance and Approval.
6) Mark Horelica, Transportation Date Received: 01-25-2007
Acceptance and Approval.
7) Patrick Sam, CenterPoint Energy Entex Date Received: 01-26-2007
Acceptance and Approval. We have no gas in area!
8) James Bryant, Entergy Date Received: N/A
Acceptance and Approval.
9) Cliff Moore, AT&T Date Received: N/A
10) Richard LeBlanc, D.D.#6 Date Received:N/A
Acceptance and Approval.
11) Tyrone Cooper, Legal Department Date Received: 00-00-2007
Acceptance and Approval.
comments_summary-roberds
D
culs,j City Council Agenda Item
M c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: C. A. Shelton, Fire Chief
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 14, 2007
REQUESTED ACTION: Council consideration to renew the agreement between the
City of Beaumont and the State Firemen's and Fire Marshals'
Association for the Fire Museum of Texas.
RECOMMENDATION
Administration recommends approval of renewing the agreement for the next five years between the
City of Beaumont and the State Firemen's and Fire Marshals' Association for the Fire Museum of
Texas. Tyrone Cooper, City Attorney, has reviewed the renewal agreement.
BACKGROUND
The agreement between the City ofBeaumont and the State Firemen's and Fire Marshals'Association
for the Fire Museum of Texas was enacted on January 4, 1986 and has lapsed since its renewal in
1992. The agreement is to house and preserve the Fire Museum's collection located at 400 Walnut
Street.
BUDGETARY IMPACT
None.
STATE OF TEXAS §
COUNTY OF JEFFERSON §
AGREEMENT
WHEREAS, the City of Beaumont, Texas(herein"City"), and the State Firemen's and Fire
Marshals' Association(herein"Association") entered into an agreement on the 4'day of January,
1986, concerning the establishment of the State Fire Museum of the State of Texas in Beaumont,
Texas, on an interim basis; and
WHEREAS, said State Fire Museum of the State of Texas has been successfully operated by
the City of Beaumont under the terms of such agreement since that time; and
WHEREAS, the Association and the City desire to designate the City of Beaumont as a
permanent location of the State Fire Museum of the State of Texas and outline the understanding
between the Association and the City;
TO THAT END, the parties hereto agree as follows:
WITNESSETH:
I.
The Association hereby designates City as the permanent location of"The Fire Museum of
the State of Texas" (herein"Museum")or any reasonable variation of such name and designates said
Museum as the official location of the State Fire Museum of the State of Texas as duly authorized
and approved by the Association. Such Museum shall be located at Fire Department Headquarters,
400 Walnut Street, Beaumont, Jefferson County, Texas.
H.
The City, in accordance with the previous agreements between the parties dated in 1986 and
1992, accepted, housed, maintained and cared for the equipment and items listed on Exhibit"A"
attached hereto and made a part hereof for all purposes. The Association shall place these items on
permanent loan at the Fire Museum of Texas. Future donations made to the Museum will be
accepted only in accordance with such accession and collection policy.
III.
City shall, at its sole cost and expense, provide for the routine preservation, maintenance,
repair, security, operation and upkeep of the Museum and the property contained therein. All
improvements, maintenance and repairs shall be performed in a thorough and competent manner,
consistent with standards prevailing for such work, and shall meet with the approval of the Fire
Chief.
IV.
For purposes of managing and operating the Museum and the collection, City shall have the
right to solicit on behalf of the Museum contributions from persons, firms or corporations, and
governmental agencies other than the City. Any monies solicited by City for those purposes shall
belong to City and be used by City in the performance of its obligations hereunder and otherwise
insofar as such use is in connection with the Museum and its collection and for no other purpose.
Additionally, City may accept donations from non-profit corporations and other such entities under
the same terms and conditions as those set out herein.
V.
Within sixty(60)days after September 30, 2007, and each year thereafter during the term of
this Agreement, City shall submit to Association an annual report covering the operation of the
Museum for the preceding fiscal year ending September 30.
-2-
VI.
Subject to appropriation by the City Council of City, City shall, at its sole cost and expense,
furnish water, electricity, natural gas and sewer service to the Museum. The Association, in keeping
with the obligations of its non-profit charter, shall encourage its membership to support the Museum
financially. To that end, the Association may, but shall not be obligated to, provide capital for the
Museum as an allocated portion of the Association's budget. Any such support received by City
shall be used solely for the performance of City's obligations under this Contract and otherwise only
insofar as such use is in connection with the Museum and its collection and for no other purpose.
VII.
The term of this Contract shall commence on the date of execution of this Contract and
expire thereafter on January 1, 2012.
IN WITNESS HEREOF, the parties hereto have executed this contract in multiple copies,
each of which shall be deemed to be an original, on this the day of
20
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
STATE FIREMEN'S AND FIRE MARSHALS'
ASSOCIATION
By:
-3-
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared KYLE HAYES,
City Manager of the City of Beaumont, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this_day of ,
A.D., 20
Notary Public in and for the State of Texas
-4-
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF JEFFERSON §
BEFORE ME, the undersigned authority, on this day personally appeared
of the State Firemen's and Fire Marshals'
Association, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this_day of
A.D., 20
Notary Public in and for the State of Texas
-5-
EXHIBIT "A"
Updated List of Equipment
Item Location in Museum
1856 Howe Hand Drawn Tub Pumper display area- V floor
1850 Hose Reel display area- 1"floor
Wheel Fire Extinguisher unit—Soda-Acid display area- I'floor
(two units) & outside display
Wheel Fire Extinguisher unit - CO2 display area- I'floor
Wheel Fire Extinguisher unit -Dry display area- V floor
Powder
Foam proportioner- red display area- I"floor
Red Podium State Room- I"floor
Two Flag Poles -American& Texas display area- 1'floor
Two Signs-Association logos on outside of building&
parking lot (being replaced)
SFFMA Past Presidents-Photos State Room
Assorted Photos display areas& State Room
Reel to reel films storage closet - I'floor
Asbestos suit dormitory room closet -2"d floor
Mannequin Fire Safety Activity Center-2 d floor
This revised equipment list accurately reflects SFFMA property housed at the Fire Museum of Texas
in the City of Beaumont as of 2/12/07.
Susan Lanning Date
Executive Director, Fire Museum of Texas
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves a five (5) year renewal agreement between the
City of Beaumont and the State Firemen's and Fire Marshals' Association for the Fire
Museum of Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
IMME EL
Citu of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS FEBRUARY 20,2007 1:30 P.M.
AGENDA
i
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-5/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving amendments to Chapter 6 of the Code of Ordinances
2. Consider approving a contract for water leak detection services
3. Consider amending General Election Ordinance No. 07-016 to provide for a ballot
proposition authorizing the sale of three vacant surplus park properties
4. Consider approving a financing agreement for a compactor at the landfill
5. Consider authorizing the City Manager to execute an.Emergency Work Oider for
the Sanitary Sewer Rehabilitation of Small Diameter Mains-Tangledahl.Project
NV'ORKSESSION
* Review and discuss issues related to the financial impact of the Arbitrator's Award
for Beaumont Firefighters and the request for a fourth firefighter on a pumper
COMMENTS
* Councilmembers/City Manager comment on various matters
* Public Comment (Persons are limited to 3 minutes)
EXECUTIVE SESSION
* Consider matters related to contemplated or pending litigation in accordance with
Section 551.071 of the Government Code:
William Jenny, et al v City of Beaumont, et al
Glenn McNeel v The City of Beaumont, et al
The City of Beaumont v International Association of Fire Fighters, Local
Union 399
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.
i
1
February 20,2007
Consider approving amendments to Chapter 6 of the Code of Ordinances
t175 City Council Agenda Item
_.
TO: City Council
]FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
]MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 14, 2007
]REQUESTED ACTION: Council consider amendments to Chapter 6 of the Code of
Ordinances.
]RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 6 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 the process that was put in place,the proposed changes to Chapter
15, related to buildings, structures, and construction,were provided to the City Council for review.
The ordinance being presented today also corrects a clerical error in Section 6-100 that was found
after the review copies were distributed.
Following the plan, Chapter 6 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
13UDGETARY IMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Chapter 6 BUILDINGS; STRUCTURES; CONSTRUCTION OPERATIONS*
*Cross references: Heliports and helistops, §2 1/4-21 et seq.; provision adopting fire
prevention code, § 10-20; ratproofing requirements, § 13-30 et seq.; housing standards,
§ 14-9 et seq.; seismographic surveys, § 18-13.1; regulation of drilling for oil and gas,
Ch. 19; permit to construct, etc., driveways or sidewalks, § 23-42; building requirements
relative to trailer parks, Ch. 27; types of buildings and areas within the city where such
types are permitted, Ch. 30.
Art. I. In General,§§6-1--6-19
Art. II. Building Code,§§6-20--6-24
Art. III. Flood Damage Prevention,§§6-25--6-49
Div. 1. Statutory Authorization, Findings of Fact, Purpose and Methods,§§6-25--6-29
Div.2. General Provisions,§§6-30--6-36
Div.3. Administration, §§6-37--6-40
Div.4. Provisions for Flood Hazard Reduction,§§6-41--6-49
Art. IV. Electrical Code, §§6-50--6-129
Div. 1. Generally,§§6-50--6-69
Div.2. Reserved, §§6-70--6-79
Div.3. Electricians,§§6-80--6-99
Div. 4. Permits,§§6-100--6-109
Div. 5. Standards and Specifications, §§6-110--6-119.1
Div.6. Inspections,§§6-120--6-129
Art. V. Gas Code,§§6-130--6-139
Art. VI. Plumbing Code,§§6-140--6-169
Art.VII. Mechanical Code, §§6-170,6-171
Art. VIII. Existing Building Code, §6-172
Art. IX. Residential Building Code,§§6-173,6-174
Art. X. Property Maintenance Code,§6-175
ARTICLE I. IN GENERAL
Sec. 6-1. Setbaskiines. Reserved.
getba& lines 9R GeFtaiR th9FGughfaF86 on the Gity shall be as set ferth this
seetier�
Within the f9Fty (40) feet lying W96t Of the GenteF 1iR9 Of GFOW Read -behmie-en
highways 69, 96 and 287 and abandened T- & NO RailFead Fight Of . the R
> ,
ea6t Of th8 ---teF IORB Of GFOW Read betweeR highways rag, 96 and 287- and
.
Beaumont,
Pasadena A�wnue.-- Ne b6lild.Ag OF 6tFWGtUFe shall be GORStFUGted WAOR WR (40) feet of
PasadeRa Avenue and th9 6961th Fight of way lane of Walden Read, said setba&
aFea being IGGated- -aleng and in the we6t teR (10) feet 9f 1=9t 9, 1319GI( 2 ef the G.
Texas.
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Sec. 6-3. Reserved.
Editor's note: Ord. No. 03-080, § 1, adopted Oct. 14, 2003, repealed section 6-3 in its
entirety, effective Jan. 1, 2004. Former section 6-3 pertained to fees and derived from
Ord. No. 96-57, § 1, adopted Oct. 15, 1996.
Sec. 6-4. Contractor's bond requirements.
No person or corporation acting as a contractor may perform construction work
withoutfirst having obtained a bond from the City of Beaumont. Nothing in this code shall
be construed to require a person to obtain a bond or license to do any work himself on
his own residence which is owned and occupied as his homestead. This individual shall
be present for all inspections by the City.
[The contractor's bond requirements shall be as follows:]
Building contractor's bond . . . $15,000.00
. BABA 8A
GGR#arateF's beAd 5,000.00
Roofing contractor's bond . . ... 5,000.00
Driveway and sidewalk contractor's bond . . . 2,000.00
' ,
(Ord. No. 97-5, § 1, 2-4-97; Ord. No. 97-66, § 2, 12-16-97)
Editor's note: Ord. No. 97-5, § 1, adopted February 4, 1997, amended the Code by
adding a new§ 6-3. In order to prevent duplication of section numbers, said section has
been redesignated as § 6-4 at the discretion of the editor.
Secs. 6-5--6-19. Reserved.
ARTICLE II. BUILDING CODE*
*Editor's note: Ord. No. 03-080 is effective Jan. 1, 2004.
Sec. 6-20. Adoption of code.
There is hereby adopted by the city for the purpose of establishing rules and
regulations for the construction, alteration, removal, demolition, equipment, use and
occupancy, location and maintenance of buildings and structures, that certain building
code known as the International Building Code being particularly the 2003 Edition
thereof, including appendix A, B, C, & D. One (1) copy of such International Building
Code has been and now is filed in the office of the city clerk of the city and the same is
hereby adopted and incorporated as fully as if set out at length herein, and from the date
on which this section shall take effect, the provisions thereof shall be controlling the
construction, alteration, repair, removal, demolition, equipment and maintenance of all
buildings and other structures within the corporate limits of the city, save and except the
portions of the International Building Code which are hereby deleted, substituted,
modified or amended, as set forth in this article.
(Ord. No. 75-16, § 1, 3-4-75; Ord. No. 78-46, § 1, 4-11-78; Ord. No. 82-103, § 1, 8-31-
82; Ord. No. 87-52, § 1, 7-7-87; Ord. No. 89-62, § 1, 8-22-89; Ord. No. 96-57, § 2, 10-
15-96; Ord. No. 98-67, § 1, 11-3-98; Ord. No. 99-87, § 1, 10-26-99; Ord. No. 03-080, §
2, 10-14-03)
Cross references: Housing code, § 14-1; dangerous structures, § 14-50 et seq.
Sec. 6-21. Amendments to code.
Section 105.1 of the International Building Code is hereby amended as follows:
Section 105.1 When required. Any owner, authorized agent, or contractor who
desires to construct, enlarge, alter, repair, move, demolish, or change the
occupancy of a building or structure, or to erect, or construct a sign of any
description, or to install or alter fire extinguishing apparatus, elevators, engines,
or to install a steam boiler, furnace, heater, incinerator, or other heat producing
apparatus, or other appurtenances, or to install burglar bars, the installation of
which is regulated by this code, or to cause any such work to be done, shall first
make application to the building official and obtain the required permit for the
work.
Section 106.1 is amended to read as follows:
Section 106.1 Submittal documents. Construction documents, special inspection
and structural observation programs, and other data shall be submitted in one or
more sets with each application for a permit. The design professional shall be an
architect or engineer legally registered under the laws of this state regulating the
practice of architecture or engineering and shall affix his official seal to said
drawings, specifications and accompanying data, for the following:
(1) All Group A, E and I occupancies.
(I1) Buildings and structures three stories or more high.
(111) Buildings and structures 5,000 square feet )-or more in area.
For all other buildings and structures, the submittal shall bear the certification of
the applicant that some specific state law exception permits its preparation by a
person not so registered.
Section 108.2 is amended to read as follows:
Section 108.2 Fee schedule.
TABLE INSET:
Total Valuation
$1,000.00 to$50,000.00 $15.75 for the first$1,000.00 plus$5.25 for each additional thousand or
fraction thereof,to and including$50,000.00.
$50,000.00 to$100,000.00 $273.00 for the first$50,000.00 plus$4.20 for each additional thousand or
fraction thereof,to and including$100,000.00.
$100,000.00 to$500,000.00 $483.00 for the first$100,000.00 plus$3.15 for each additional thousand or
fraction thereof,to and including$500,000.00.
$500,000.00 and up $1,743.00 for the first$500,000.00 plus$2.10 for each additional thousand or
fraction thereof.
Moving fee: For the moving of any building or structure, the fee shall be $150.00.
Demolition fee: For the demolition of any building or structures, the fee shall be
$50.00.
Penalties: Where work for which a permit is required by this code is started or
pFeseded-completed prior to obtaining said permit, the fees herein specified shall
be doubled, but the payment of such double fee shall not relieve any persons
from fully complying with the requirements of this code in the execution of the
work nor from any other penalties prescribed herein.
Plan checking fees: When the valuation of the proposed construction exceeds
one thousand dollars ($1,000.00) and a plan is required to be submitted by
105.1, a plan-checking fee shall be paid to the building official at the time of
submitting plans and specifications for checking. Said plan-checking fee shall be
equal to one-half ( 1/2) of the building permit fee. Such plan-checking is in
addition to the building permit fee.
Section 111.4 is hereby added to read as follows:
Section 111.4 Temporary service. Temporary electrical service may be supplied
to a building that is under construction after the owner of the building and the
general contractor make such request on a form provided by the building official.
The temporary service shall be provided for a period not to exceed three (3)
months. ' f the end of thFee (3) Ten (10) days written notice shall be
provided to the owner or occupant that the electrical service will be disconnected
unless permanent approval or an additional temporary permit has been issued.
The building official shall then issue written instructions to the electricity provider
to disconnect the temporary electrical service. A letter addressed to
11 essUpanGyogg0ant," at the address of the temporary service shall be deemed
as sufficient to notify the owner if the name and address of the owner are not
known.
Section 113.4 of the International Building Code is amended to read as follows:
Section 113.4 Violation and penalties. Any person who shall violate any provision
of the International Building Code, or fail to comply therewith, or with any of the
requirements thereof, or who shall erect, construct, alter, demolish or move any
structure, or who shall cause to be erected, constructed, altered, repaired,
moved, or demolished a building or structure, in violation of a detailed statement
or drawing submitted and approved thereunder, shall be guilty of a misdemeanor.
Each such person shall be deemed guilty of a separate offense for each day or
portion thereof during which any violation of any of the provisions of such code is
committed, or continued, and upon conviction of any such violation such person
shall be punished as provided in section 1-8 of the Code of Ordinances.
Section 113.5 is added to read as follows:
Section 113.5.
(a) A building contractor's bond may be revoked, after notice and hearing
before the city manager or his designee, for either [any] of the following
reasons:
(1) Reoccurring incidents of work performed not in accordance with
the International Building Code and the holder refuses to correct
the violation after being given sufficient notice of said violations; or
(2) The bond or permits were obtained or extended by fraud or
deception; or
(3) That one or more of the terms or conditions imposed by the bond
has not been met or has been violated; or
(4) Failure of the bond holder to comply with the requirements of the
International Building Code.
(b) Prior to revocation of the bond, the city manager or his designee shall
notify the bond holder in writing, stating the reasons for which the bond is
subject to revocation and advising that the bond shall be permanently
revoked at the end of five (5) days following the service of such notice,
unless a request for a hearing is filed with the city manager or his
designee by the bond holder, within such a five-day period. A bond may
be suspended for cause pending its revocation or a hearing relative
thereto. If no request for hearing is filed within the five-day period, the
revocation of the bond becomes final. The bond holder may not perform
any work in the city during the period of suspension pending the outcome
of the hearing.
(c) Service of notices--Notice provided for in this ordinance [code] shall be
deemed to have been properly served when the notice has been
delivered personally to the bond holder, or such notice has been sent by
registered or certified mail, return receipt requested, to the last known
address of the bond holder. A copy of such notice shall be filed with the
records of the city manager or his designee.
(d) Hearings--The hearings provided for in this ordinance shall be conducted
by the city manager or his designee at a time and place designated by
him. Based upon the record of such hearing, the city manager or his
designee shall make a final finding and shall sustain, modify, or rescind
any official notice or order considered in the hearing.
(e) Application after revocation--Whenever a revocation of a bond has
become final, the bond holder of the revoked bond may make written
application for a new bond after a period of six (6) months.
Sections 907.2.1 through 907.2.11 +s- are deleted from the International Building
Code and mare referenced in the International Fire Code.
Section 1803 of the International Building Code is amended by adding thereto
the following subsection:
Section 1803.7 1 Open pit excavations.
(1) Definitions:
(a) Person. As defined in section 1-2 of the Code of Ordinances.
(b) Borrow pit. The pit, hole, or depression created by any excavation
of dirt, sand, stone, or other earth material.
(2) Except as provided in subparagraph (3) hereof, no person shall dig,
excavate, remove, or cause to be dug, excavated, or removed, any dirt,
clay, rock, or other material below the surface of the ground without
having first obtained an excavation permit in accordance with the
provisions of this subsection. Any excavations in violation of this
subsection are hereby declared to be public nuisances.
(3) This subsection shall not be applicable to excavation for foundation
purposes, where a building permit has been properly applied for and
granted in accordance with the International Building Code; provided,
however, if the construction for which a building permit had been granted
should be abandoned or delayed for a period longer than one hundred
eighty (180) days, any pit excavated shall be required to conform to the
provisions of subparagraphs (5), (6) and (10) of this subsection. This
subsection shall not be applicable to excavations of drainage ditches,
canals, or similar facilities.
(4) Each application for an excavation permit shall be in writing, on a form
provided for that purpose by the city engineer, stating the purpose of the
proposed excavation of the land upon which the excavation is to be done,
and the names of all owners of the land upon which the proposed
excavation is to be done, and of all owners of land lying within one
hundred (100) feet of the proposed excavation, and shall be accompanied
by an accurate drawing showing the location of the proposed excavation,
and the dimensions of the borrow pit to be created thereby. Each
application shall be accompanied by a permit fee of twenty-five dollars
($25.00), which shall be refunded to the applicant if the permit is not
granted. The permit fee shall not be required of any governmental
agency, entity, or instrumentality, but all other requirements of this
subsection shall remain applicable to such bodies.
(5) No excavation shall be made within ten (10) feet of any property line,
without the express written consent of the owner of the adjacent property.
Borrow pits shall be sloped no steeper than two (2) feet horizontal for
each one (1) foot vertical measurement. An excavation which is
conducted adjacent to roadways, easements, drainage systems, utility
lines, or other structures, shall be conducted at an adequate distance
from such facilities, as determined by the building official, so as not to
interfere with or cause damage to such facilities.
(6) No excavation may be made upon any dedicated street or highway right-
of-way or any planned or proposed street described in the master street
plan of the city.
(7) Trucks hauling excavated material shall, insofar as possible, use existing
truck routes. Excavated materials shall not be dropped or placed upon
any public street or highway.
(8) Upon proper application as provided in subparagraph (3) hereof, the
building official shall issue an excavation permit if he is satisfied, from
competent evidence presented to him as he may require, that the
proposed excavation is consistent with the public health, safety, and
welfare, that the requirements of this subsection will be met, and that the
excavation operations will be conducted in a manner and at a location
which will supplement existing or proposed drainage facilities of the city.
(9) If an application for an excavation permit is denied by the building official,
the applicant may within ten (10) days appeal such denial to the eily
eeURsii— Building Board of Adjustment.
hGaFiRg, Wh*A-h Shall be held- RQ-:T.m-- I.— -14ty (30) days afteF
PF96entatien of the appeal U-4 the Gity GGWAGil. Following BUG heaF*R@, the
(10) Upon completion of the excavation for which a permit has been granted
hereunder, but not later than one hundred eighty (180) days after
excavation has begun, a substantial fence, at least six (6) feet in height
and otherwise being in accordance with specifications promulgated by
building official, shall be erected completely surrounding the borrow pit.
Such fence shall be kept in good repair as long as the borrow pit exists,
and all gates kept closed except as necessary for excavation and removal
purposes. If any part of a borrow pit is situated within fifty (50) feet of a
residence, the fence surrounding such pit shall be so constructed as to
prevent small children from gaining access to the borrow pit.
Section 1813 of the International Building Code is added to read as follows:
Section 1813.
(a) General.
(1) Foundation repair work on all residential str a -, tructures shall
be accomplished only by a contractor licensed and bonded by the
city to operate as a building contractor, or foundation repair
contractor, within the corporate limits of the city.
(2) A permit for each foundation repair project must be obtained from
the building official prior to beginning any actual repair work. The
fee shall be as that established by the city in accordance with
current fee schedules.
(3) A permit will be issued to the foundation repair contractor, upon
approval by the building official of documents (in three (3) copies)
submitted by the contractor containing the following information,
and payment of the scheduled fee:
a. A drawing of the complete building foundation plan,
indicating the location of the foundation failure and the
proposed corrective work.
b. A detailed description of the proposed corrective work.
C. A copy of the proposal to the property owner with the
owners signature indicating acceptance.
d. A copy of the submittal documents, bearing the approval of
the building official, shall be maintained at the job site for
review by the city building inspector.
e. Prior to the placement of any concrete, the contractor shall
arrange for a job site inspection by the building inspector.
(b) Minimum standards--Reinforced concrete foundation.
(1) Holes in earth for foundation piers and footings must be free of
standing water, loose dirt, or other deleterious matter, prior to
placement of concrete.
(2) Each drilled shaft/(footing) must have as a minimum an eighteen
inch diameter shaft, or a 12-inch diameter shaft with an eighteen
inch diameter footing. In lieu of these minimum size footings, an
engineered design for this particular project may be substituted.
Engineered design repair work shall be documented by drawings
and specifications bearing the seal and signature of a current
Texas-registered professional engineer.
(3) Minimum sized shafts/(footings) shall have a maximum spacing of
eight (8) feet for single story and six (6) feet for two-story
structures. A minimum of two (2) footing diameters clearance shall
be maintained between footings.
(4) Shafts/footings shall be founded at a minimum depth of eight (8)
inches and bearing on a firm soil of constant moisture content.
(5) Each footing/shaft will have a maximum angle of fifteen (15)
degrees from vertical.
(6) Each shaft will contain a minimum of three (3) #5-A36 reinforcing
bars for the full depth of the shaft.
(7) Each shaft (footing) must have a minimum of five (5) days
concrete (min. 2,500 psi at 28 days) curing time before imposing
jacking loads.
(8) A solid concrete block or poured in place concrete (min. 2,500 psi
at 28 days) must be used to transfer the building load to the
footing after jacking.
(9) Minimum size (3"x 6"x 1/4") steel shims set in two (2) rows, a
maximum of three (3) inches high, may be used to transfer the
load to the solid concrete blocks.
(10) Backfill of the excavation may consist of excavated material or low
p.i. (10-20) clay compacted to existing adjacent conditions. Sand
backfill will not be permitted except for the top six (6) inches which
may be used to level the grade.
(c) Minimum standards--Houses on piers.
(1) Minimum size concrete footing pads shall be 16N 16"x 4" solid
concrete with solid concrete block piers.
(2) Maximum height of shims shall be one and one-half (1 1/2)
inches, and shim width must equal the width of sill. Exception:
Shims on existing masonry piers may have a maximum height of
three (3) inches.
(3) All new wood sills must be treated wood, half-lap spliced and
properly nailed with two (2) treated wood splice plates. All joints
must be supported by a pier with pad footing.
Section 3408 is amended to read as follows:
Section 3408.
A. It shall be unlawful to move a building or part of a building through or
across any sidewalk, street, alley or highway within the city if the building
or part of a building was designed for residential purposes and is to be
placed on a lot in the city for residential purposes without obtaining a
residential moving permit from the building official. A building or part of a
building to be used for other than residential purposes may not be moved
through or across any sidewalk, street or alley within the city without first
obtaining a moving permit from the building official. The application for a
residential moving permit shall be accompanied by applications for all
necessary permits required to bring these houses, buildings or structures
into compliance with the applicable building codes. Included with the
building permit application shall be a complete set of plans showing the
changes, if any, of the structure after all contemplated improvements.
B. A residential moving permit may be obtained from the building official if
the residential structure, prior to being moved, meets the following
criteria:
1. The structure must be located in the city.
2. The appraised value of the structure, as set by the Jefferson
County appraisal district, must be a minimum of fifty (50) percent
of the average appraised value of all residential structures on lots
or tracts within four hundred feet of the property line of the lot or
tracts upon which the structure to be moved will be placed.
3. The application for a residential moving permit must be
accompanied by an application for all necessary permits required
to bring the structure into compliance with all applicable codes.
Included with the building permit application shall be a complete
set of plans showing the changes, if any, of the structure after all
contemplated improvements.
C. The building official, as a condition precedent to the issuance of a
residential moving permit, shall require a bond or cashier's check in the
amount of five thousand dollars ($5,000.00). Such bond or cashier's
check shall be made payable to the City of Beaumont and shall be
conditioned upon strict compliance with the terms of this ordinance.
1. The structure will be brought into compliance with all applicable
codes and connected to water, sewer, electricity and gas if
applicable ("utilities") within ninety calendar days after relocation
to the new site. Failure to connect the structure to utilities may
result in forfeiture of the required security and demolition of the
structure. If the security is forfeited for any reason, the city is
hereby authorized to demolish the structure and clear the lot. By
signing an application for a residential moving permit, the owner or
agent for the owner agrees that the structure may be demolished
by the city if it, becomes necessary to forfeit the security required
by this ordinance.
2. Failure or refusal to timely perform any one or more of the
requirements of this ordinance may result in the forfeiture of the
required security.
D. Appeals from the denial er-of a residential moving permit or a decision to
forfeit the required security by the building official shall be made in writing
to the zoning board of adjustment within ten days after the denial of such
permit. The zoning board of adjustment may reverse the decision of the
building official if the board of adjustment finds by the concurrence of four
(4) members of the board that the structure meets the requirements set
out herein for issuance of a residential building permit.
E. Extensions of time as deemed reasonable may be granted by the building
official upon a showing of delay caused by matters beyond the control of
the owner or house mover. One thirty-day extension may be granted by
the building official.
Appendix B, section 8101.2 of the International Building Code is amended to add
a licensed master plumber.
Appendix D101.2 of the International Building Code is amended to read as
follows:
Fire districts:There are hereby created and established within the city two (2) fire
districts which shall be known and designated as the first fire district and the
second fire district, and shall have the following boundaries:
(a) First fire district. The first fire district shall include all the area lying within
the following described boundaries: Beginning at the intersection of the
center line of Magazine Street with the westerly bank of Brakes Bayou;
thence west along the center line of Magazine Street and said center line
of Willow Street; thence south along the center line of Willow Street to its
intersection with the center line of Calder Avenue; thence west along the
center line of Calder Avenue to its intersection with the center line of
Forrest Street; thence south along the center line of Forrest Street and
said center line extended to its intersection with the present main line of
the Texas and New Orleans Railroad track; thence easterly along the
present main line of the Texas and New Orleans Railroad track to its
intersection with the center line of Trinity Street extended northward;
thence in a southerly direction along the said center line of Trinity Street
to its intersection with the center line of Crockett Street; thence westerly
along the center line of Cricket Street to its intersection with the center
line of Holmes Avenue; thence southerly along the center line of Forsythe
Street; thence easterly along the center line of Forsythe Street to its
intersection with the center line of Trinity Street; thence southerly along
the center line of Trinity Street to its intersection with the center line of
College Street; thence easterly along the center line of College Street to
its intersection with the center line of Neches Street; thence southerly
along the center line of Neches Street to its intersection with the center
line of Franklin Street; thence easterly along the center line of Franklin
Street to its intersection with the center line of Park Street; thence
southerly along the center line of Park Street to its intersection with the
center line of Blanchette (formerly Austin) Street; thence easterly along
the center line of Blanchette (formerly Austin) Street to its intersection
with the center line of Main Street; thence northerly along the center line
of Main Street to its intersection with the center line of Gilbert (formerly
Washington) Street; thence easterly along the center line of Gilbert
(formerly Washington) Street to its intersection with the easterly line of the
original townsite of Beaumont; thence northerly along the easterly line of
the original townsite of Beaumont to its intersection with the center line of
College Street; thence westerly along the center line of College Street to
its intersection with the center line of Market Street; thence northerly
along the center line of Market Street to its intersection with the center
line of Forsythe Street; thence easterly along the center line of Forsythe
Street and said center line extended to its intersection with the westerly
bank of the Neches River; thence in a northerly direction along the
westerly bank of the Neches River and Brakes Bayou to the place of
beginning.
(b) Second fire district. The second fire district shall include all of the area of
the city except that which is excluded in the first fire district.
(Code 1958, §§ 8-1.1--8-1.7, 8-3, 8-4, 16-28; Ord. No. 76-124, § 1, 10-19-76; Ord. No.
81-55, § 1, 7-14-81; Ord. No. 83-14, §§ 1, 2, 2-15-83; Ord. No. 83-52, § 1, 5-10-83; Ord.
No. 86-69, § 1, 6-24-86; Ord. No. 87-52, § 2, 7-7-87; Ord. No. 89-62, § 2, 8-22-89; Ord.
No. 91-20, §§ 1, 2, 2-26-91; Ord. No. 91-59, § 1, 7-30-91; Ord. No. 96-57, § 3, 10-15-96;
Ord. No. 97-66, § 1, 12-16-97; Ord. No. 98-67, §2, 11-3-98; Ord. No. 99-5, § 1, 1-19-99;
Ord. No. 99-23, § 1, 3-23-99; Ord. No. 02-074, § 1, 9-17-02; Ord. No. 02-099, § 1, 11-
26-02; Ord. No. 03-080, § 3, 10-14-03; Ord. No. 04-069, § 1, 8-24-04)
Secs. 6-22--6-24. Reserved.
ARTICLE III. FLOOD DAMAGE PREVENTION*
*Editor's note: Ord. No. 02-050, §§ 1, 2, adopted July 9, 2002, repealed article III,
sections 6-30--6-49.1, in its entirety and replaced it with a new article III, sections 6-25--
6-47. Former article III pertained to flood hazard areas and derived from Ord. No. 84-
161, § 1, adopted Dec. 4, 1984; and Ord. No. 87-14, §§ 1--6, adopted March 10, 1987.
Cross references: Subdivisions, Ch. 24; trailers and trailer parks, Ch. 27; zoning, Ch.
30.
DIVISION 1. STATUTORY AUTHORIZATION, FINDINGS OF FACT,
PURPOSE AND METHODS
Sec. 6-25. Statutory authorization.
The state legislature has in sections 16.3145, 16.315 of the Texas Water Code,
delegated the responsibility of local governmental units to adopt regulations designed to
minimize flood losses. Therefore, the city council does ordain as follows.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-26. Findings of fact.
(a) The flood hazard areas of the city are subject to periodic inundation which results
in loss of life and property, health and safety hazards, disruption of commerce
and governmental services, and extraordinary public expenditures for flood
protection and relief, all of which adversely affect the public health, safety and
general welfare.
(b) These flood loses are created by the cumulative effect of obstructions in
floodplains which cause an increase in flood heights and velocities, and by the
occupancy of flood hazards areas by uses vulnerable to floods and hazardous to
other lands because they are inadequately elevated, floodproofed or otherwise
protected from flood damage.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-27. Statement of purpose.
It is the purpose of this article to promote the public health, safety and general
welfare and to minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects;
(3) Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets and bridges located in
floodplains;
(6) Help maintain a stable tax base by providing for the sound use and
development of flood-prone areas in such a manner as to minimize future
flood blight areas; and
(7) Insure that potential buyers are notified that property is in a flood area.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
r
Sec. 6-28. Methods of reducing flood losses.
In order to accomplish its purposes, this article uses the following methods:
(1) Restrict or prohibit uses that are dangerous to health, safety or property in
times of flood, or cause excessive increases in flood heights or velocities;
(2) Require that uses vulnerable to floods, including facilities which serve
such uses, be protected against flood damage at the time of initial
construction;
(3) Control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of flood
waters;
(4) Control filling, grading, dredging and other development which may
increase flood damage;
(5) Prevent or regulate the construction of flood barriers which will
unnaturally divert flood waters or which may increase flood hazards to
other lands.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-29. Definitions.
Unless specifically defined below, words or phrases used in this article shall be
interpreted to give them the meaning they have in common usage and to give this article
its most reasonable application.
Alluvial fan flooding means flooding occurring on the surface of an alluvial fan or
similar landform which originates at the apex and is characterized by high-velocity flows;
active processes of erosion, sediment transport, and deposition; and unpredictable flow
paths.
Apex means a point on an alluvial fan or similar landform below which the flow
path of the major stream that formed the fan becomes unpredictable and alluvial fan
flooding can occur.
Appeal means a request for a review of the floodplain administrator's
interpretation of any provisions of this article or a request for a variance as defined in the
section.
Area of shallow flooding means a designated AO, AH, or VO zone on a
community's flood insurance rate map (FIRM) with a one (1) percent chance or greater
annual chance of flooding to an average depth of one (1) to three (3) feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
Area of special flood hazard is the land in the floodplain within a community
subject to a one (1) percent or greater chance of flooding in any given year. The area
may be designated as zone A on the flood hazard boundary map (FHBM). After detailed
rate making has been completed in preparation for publication of the FIRM, zone a
usually is refined into zones A, AE, AH, AO, Al-99, VO, V1-30, VIE or V.
Base flood means the flood having a one (1) percent chance of being equaled or
M
exceeded in any given year.
Basement means any area of the building having its floor subgrade (below
ground level) on all sides.
Board of Adiustment within this Article III shall refer to the City Zoning Board of
Adjustment.
Critical feature means an integral and readily identifiable part of a flood protection
system, without which the flood protection provided by the entire system would be
compromised.
Development means any man-made change in improved and unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or storage of equipment or materials.
Elevated building means a non-basement building:
(1) Built, in the case of a building in zones Al-30, AE, A, A99, AO, AH, B, C,
X, and D, to have the top of the elevated floor, or in the case of a building
in zones V1-30, VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the ground level by
means of pilings, columns (posts and piers), or shear walls parallel to the
floor of the water; and
(2) Adequately anchored so as not to impair the structural integrity of the
building during a flood of up to the magnitude of the base flood.
In the case of zones Al-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also
includes a building elevated by means of fill or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of flood waters. In the case of
zones V1-30, VE, or V, "elevated building" also includes a building otherwise meeting
the definition of "elevated building," even though the lower area is enclosed by means of
breakaway walls if the breakaway walls met the standards of section 60.3(e)(5) of the
National Flood Insurance Program regulations.
Existing construction means for the purposes of determining rates, structures for
which the "start of construction" commenced before the effective date of the FIRM or
before January 1, 1975, for FIRMs effective before that date. "Existing construction" may
also be referred to as "existing structures."
Existing manufactured home park or subdivision means a manufactured home
park or subdivision for which the construction of facilities for servicing the lots on which
the manufactured homes are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed before the effective date of the floodplain management
regulations adopted by a community.
Expansion to an existing manufactured home park or subdivision means the
preparation of additional sites by the construction of facilities for servicing the lots on
which the manufactured homes are to be affixed (including the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads).
Flood or flooding means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
ti
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any
source.
Flood insurance rate map (FIRM) means an official map of a community, on
which the Federal Emergency Management Agency has delineated both the areas of
special flood hazards and the risk premium zones applicable to the community.
Flood insurance study is the official report provided by the Federal Emergency
Management Agency. The report contains flood profiles, water surface elevation of the
base flood, as well as the flood boundary-floodway map.
Floodplain or flood-prone area means any land area susceptible to being
inundated by water from any source (see definition of flooding).
Floodplain management means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
Floodplain management regulations means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as a
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
Flood protection system means those physical structural works for which funds
have been authorized, appropriated, and expended and which have been constructed
specifically to modify flooding in order to reduce the extent of the areas within a
community subject to a "special flood hazard" and the extent of the depths of associated
flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs,
levees or dikes. These specialized flood modifying works are those constructed in
conformance with sound engineering standards.
Flood proofing means any combination of structural and non-structural additions,
changes, or adjustments to structures which reduce or eliminate flood damage to real
estate or improved real property, water and sanitary facilities, structures and their
contents.
Floodway (regulatory floodway) means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than a
designated height.
Functionally dependent use means a use which cannot perform its intended
purpose unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, but does not include
long-term storage or related manufacturing facilities.
Highest adjacent grade means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
Historic structure means any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by
the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or
a district preliminarily determined by the secretary to qualify as a
registered historic district;
(3) Individually listed on a state inventory of historic places in states with
historic preservation programs which have been approved by the
Secretary of Interior; or
(4) Individually listed on a local inventory or historic places in communities
with historic preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of
the Interior; or
b. Directly by the Secretary of the Interior in states without approved
programs.
Levee means a man-made structure, usually an earthen embankment, designed
and constructed in accordance with sound engineering practices to contain, control, or
divert the flow of water so as to provide protection from temporary flooding.
Levee system means a flood protection system which consists of a levee, or
levees, and associated structures, such as closure and drainage devices, which are
constructed and operated in accordance with sound engineering practices.
Lowest floor means the lowest floor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely for parking or
vehicles, building access or storage in an area other than a basement area is not
considered a building's lowest floor; provided that such enclosure is not built so as to
render the structure in violation of the applicable non-elevation design requirement of
section 60.3 of the National Flood insurance Program regulations.
Manufactured home means a structure transportable in one (1) or more sections,
which is built on a permanent chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The term "manufactured
home" does not include a "recreational vehicle."
Manufactured home park or subdivision means a parcel (or contiguous parcels)
of land divided into two or more manufactured home lots for rent or sale.
Mean sea level means, for purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base
flood elevations shown on a community's flood insurance rate map are referenced.
New construction means, for the purpose of determining insurance rates,
structures for which the "start of construction" commenced on or after the effective date
of an initial FIRM or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
New manufactured home park or subdivision means a manufactured home park
or subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of
utilities, the construction of streets, and either final site grading or the pouring of
concrete pads) is completed on or after the effective date of floodplain management
regulations adopted by a community.
Recreational vehicle means a vehicle which is:
(1) Built on a single chassis;
(2) Four hundred (400) square feet or less when measured at the largest
horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light duty
truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
Start of construction (for other than new construction or substantial
improvements under the Coastal Barrier Resources Act (Pub. L. 97-348)), includes
substantial improvement and means the date the building permit was issued, provided
the actual start of construction, repair, reconstruction, rehabilitation, addition, placement,
or other improvement was within one hundred eighty (180) days of the permit date. The
actual start means either the first placement of permanent construction of a structure on
a site, such as the pouring of slab or footings, the installation of piles, the construction of
columns, or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for basement, footings, piers or
foundations or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part of
a building, whether or not that alteration affects the external dimensions of the building.
Structure means a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
Substantial damage means damage of any origin sustained by a structure
whereby the cost of restoring the structure to its before damaged condition would equal
or exceed fifty (50) percent of the market value of the structure before the damage
occurred.
Substantial improvement means any reconstruction, rehabilitation, addition, or
other improvement of a structure, the cost of which equals or exceeds fifty (50) percent
of the market value of the structure before "start of construction" of the improvement.
This includes structures which have incurred "substantial damage," regardless of the
actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of
state or local health, sanitary, or safety code specifications which have
been identified by the local code enforcement official and which are the
minimum necessary conditions; or
(2) Any alteration of a "historic structure", provided that the alteration will not
preclude the structure's continued designation as a "historic structure."
Variance is a grant of relief to a person from the requirement of this article when
specific enforcement would result in unnecessary hardship. A variance, therefore,
permits construction or development in a manner otherwise prohibited by this article.
(For full requirements see 44 CFR section 60.6 of the National Flood Insurance Program
regulations.)
Violation means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in 44 CRF section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation is provided.
Water surface elevation means the height, in relation to the National Geodetic
Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine areas.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
DIVISION 2. GENERAL PROVISIONS
Sec. 6-30. Lands to which this article applies.
This article shall apply to all areas of special flood hazard within the jurisdiction of
the city.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-31. Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Emergency
Management Agency in a scientific and engineering report entitled, "The Flood
Insurance Study for the City of Beaumont," dated August 6, 2002, with accompanying
flood insurance rate maps and flood boundary-floodway maps (FIRM and FBFM) and
any revisions thereto are hereby adopted by reference and declared to be a part of this
article.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-32. Establishment of development permit.
A development permit shall be required to ensure conformance with the
provisions of this article.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-33. Compliance.
No structure or land shall hereafter be located, altered, or have its use changed
without full compliance with the terms of this article and other applicable regulations.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-34. Abrogation and greater restrictions.
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-35. Interpretation.
In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state
statutes.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-36. Warning and disclaimer of liability.
The degree of flood protection required by this article is considered reasonable
for regulatory purposes and is based on scientific and engineering considerations. On
rare occasions greater floods can and will occur and flood heights may be increased by
man-made or natural causes. This article does not imply that land outside the areas of
special flood hazards or uses permitted within such areas will be free from flooding or
flood damages. This article shall not create liability on the part of the community or any
official or employee thereof for any flood damages that result from reliance on this article
or any administrative decision lawfully made thereunder.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
DIVISION 3. ADMINISTRATION
Sec. 6-37. Designation of the floodplain administrator.
The planning manager, or his appointee, is hereby appointed the floodplain
administrator to administer and implement the provisions of this article and other
appropriate sections of 44 CFR (National Flood Insurance Program Regulations)
pertaining to floodplain management.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-38. Duties and responsibilities of the floodplain administrator.
Duties and responsibilities of the floodplain administrator shall include, but not be
limited to, the following:
(1) Maintain and hold open for public inspection all records pertaining to the
provisions of this article.
(2) Review permit application to determine whether proposed building site,
including the placement of manufactured homes, will be reasonably safe
from flooding.
(3) Review, approve or deny all applications for development permits
required by adoption of this article.
(4) Review permits for proposed development to assure that all necessary
permits have been obtained from those federal, state or local
governmental agencies (including section 404 of the Federal Water
Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which
prior approval is required.
(5) Where interpretation is needed as to the exact location of the boundaries
of the areas of special flood hazards (for example, where there appears
to be a conflict between a mapped boundary and actual field conditions)
the floodplain administrator shall make the necessary interpretation.
(6) Notify, in riverine situations, adjacent communities and the state
department of water resources, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal
Emergency Management Agency.
(7) Assure that the flood carrying capacity within the altered or relocated
portion of any watercourse is maintained.
(8) When base flood elevation data has not been provided in accordance
with division 2, section 6-31, the floodplain administrator shall obtain,
review and reasonably utilize any base flood elevation data and floodway
data available from a federal, state or other source, in order to administer
the provisions of division 4.
(9) When a regulatory floodway has not been designated, the floodplain
administrator must require that no new construction, substantial
improvements, or other development (including fill) shall be permitted
within zones Al-30 and AE on the community's FIRM, unless it is
demonstrated that the cumulative effect of the proposed development,
when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one
foot at any point within the community.
(10) Under the provisions of 44 CFR chapter 1, section 65.12, of the National
Flood Insurance Program regulations, a community may approve certain
development in zones Al-30, AE, AH, on the community's FIRM which
increases the water surface elevation of the base flood by more than one
(1) foot, provided that the community first applies for a conditional FIRM
revision through FEMA.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-39. Permit procedures.
(a) Application for a development permit, in the floodplain, shall be presented to the
floodplain administrator on forms furnished by him/her and may include, but not
be limited to, plans in duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing and proposed
structures, including the placement of manufactured homes, and the location of
the foregoing in relation to areas of special flood hazard. Additionally, the
following information is required:
(1) Elevation (in relation to mean sea level), of the lowest floor (including
basement) of all new and substantially improved structures;
(2) Elevation in relation to mean sea level to which any nonresidential
structure shall be floodproofed;
(3) A certificate from a registered professional engineer or architect that the
nonresidential floodproofed structure shall meet the floodproofing criteria
of division 4, section 6-42(2);
(4) Description of the extent to which any watercourse or natural drainage will
be altered or relocated as a result of proposed development.
(5) Maintain a record of all such information in accordance with division 3,
section 6-38(1).
(b) Approval or denial of a development permit by the floodplain administrator shall
be based on all of the provisions of this article and the following relevant factors:
(1) The danger to life and property due to flooding or erosion damage;
(2) The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
(3) The danger that materials may be swept onto other lands to the injury of
others;
(4) The compatibility of the proposed use with existing and anticipated
development;
(5) The safety of access to the property in times of flood for ordinary and
emergency vehicles;
(6) The costs of providing governmental services during and after flood
conditions including maintenance and repair of streets and bridges, and
public utilities and facilities such as sewer, gas, electrical and water
systems;
(7) The expected heights, velocity, duration, rate of rise and sediment
transport of the flood waters and the effects of wave action, if applicable,
expected at the site;
(8) The necessity to the facility of a waterfront location, where applicable;
(9) The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
(10) The relationship of the proposed use to the comprehensive plan for that
area.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-40. Variance procedures.
(a) The board of adjustment shall hear and render judgement on requests for
variances from the requirements of this article.
(b) The board of adjustment shall hear and render judgement on an appeal only
when it is alleged there is an error in any requirement, decision, or determination
made by the floodplain administrator in the enforcement or administration of this
article.
(c) Any person or persons aggrieved by the decision of the board of adjustment may
appeal such decision in the courts of competent jurisdiction.
(d) The floodplain administrator shall maintain a record of all actions involving an
appeal and shall report variances to the Federal Emergency Management
Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set forth in the remainder of
this article.
(f) Variances may be issued for new construction and substantial improvements to
be erected on a lot of one-half ( 1/2) acre or less in size contiguous to and
surrounded by lots with existing structures constructed below the base flood
level, providing the relevant factors in section 6-39(2) of this article have been
fully considered. As the lot size increases beyond the one-half ( 1/2) acre, the
technical justification required for issuing the variance increases.
(g) Upon consideration of the factors noted above and the intent of this article, the
board of adjustment may attach such conditions to the granting of variances as it
deems necessary to further the purpose and objectives of this article (division 1,
section 6-27).
(h) Variances shall not be issued within any designated floodway if any increase in
flood levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon
a determination that the proposed repair or rehabilitation will not preclude the
structure's continued designation as a historic structure and the variance is the
minimum necessary to preserve the historic character and design of the
structure.
(j) Prerequisites for granting variances:
(1) Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
(2) Variances shall only be issued upon,
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant; and
C. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any application to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with the lowest floor
elevation below the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk resulting from the
reduced lowest floor elevation.
(k) Variances may be issued by a community for new construction and substantial
improvements and for other development necessary for the conduct of a
functionally dependent use provided that:
(1) The criteria outlined in division 3, section 6-40(a)--(i) are met; and
(2) The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to
public safety.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
DIVISION 4. PROVISIONS FOR FLOOD HAZARD REDUCTION
Sec. 6-41. General standards.
In all areas of special flood hazards the following provisions are required for all
new construction and substantial improvements:
(1) All new construction or substantial improvements shall be designed (or
modified) and adequately anchored to prevent flotation, collapse or lateral
movement of the structure resulting from hydrodynamic and hydrostatic
loads, including the effects of buoyancy;
(2) All new construction or substantial improvements shall be constructed by
methods and practices that minimize flood damage;
(3) All new construction or substantial improvements shall be constructed
with materials resistant to flood damage;
(4) All new construction or substantial improvements shall be constructed
with electrical, heating, ventilation, plumbing, and air conditioning
equipment and other service facilities that are designed and/or located a
minimum of one (1) foot six (6) inches above the base flood elevation, so
as to prevent water from entering or accumulating within the components
during conditions of flooding. Tanks shall be vented a minimum of one (1)
foot six (6) inches above the base flood elevation.
(5) All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system;
(6) New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the system and
discharge from the systems into flood waters; and
(7) On-site waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-42. Specific standards.
In all areas of special flood hazards where base flood elevation data has been
provided as set forth in division 2, section 6-31, division 3, section 6-30(8), or division 4,
section 6-43(3), the following provisions are required:
(1) Residential construction. New construction and substantial improvement
of any residential structure shall have the lowest floor (including
basement), elevated a minimum of one (1) foot six (6) inches above the
base flood elevation. A registered professional engineer, architect, or land
surveyor shall submit a certification to the floodplain administrator that the
standard of this subsection as proposed in division 3, section 6-39(a)(1) is
satisfied.
(2) Nonresidential construction. New construction and substantial
improvements of any commercial, industrial or other nonresidential
structure shall either have the lowest floor (including basement) elevated
a minimum of one (1) foot six (6) inches above the base flood level or
together with attendant utility and sanitary facilities, be designed so that a
minimum of one (1) foot six (6) inches above and below the base flood
level the structure is watertight with walls substantially impermeable to the
passage of water and with structural components having the capability of
resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop and/or review
structural design, specifications, and plans for the construction, and shall
certify that the design and methods of construction are in accordance with
accepted standards of practice as outlined in this subsection. A record of
such certification which includes the specific elevation (in relation to mean
sea level) to which such structures are floodproofed shall be maintained
by the floodplain administrator.
(3) Enclosures. New construction and substantial improvements, with fully
enclosed areas below the lowest floor that are usable solely for parking of
vehicles, building access or storage in an area other than a basement
and which are subject to flooding shall be designed to automatically
equalize hydrostatic flood forces on exterior walls by allowing for the entry
and exit of floodwaters. Designs for meeting this requirement must either
be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less
than one (1) square inch for every square foot of enclosed area
subject to flooding shall be provided.
b. The bottom of all openings shall be no higher than one (1) foot
above grade.
C. Openings may be equipped with screens, louvers, valves, or other
coverings or devices provided that they permit the automatic entry
and exit of floodwaters.
(4) Manufactured homes.
a. Require that all manufactured homes to be placed within zone A
on a community's FHBM or FIRM shall be installed using methods
and practices which minimize flood damage. For the purposes of
this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to, use of
over-the-top or frame ties to ground anchors. This requirement is
in addition to applicable state and local anchoring requirements for
resisting wind forces.
b. Require that manufactured homes that are placed or substantially
improved within zones Al-30, AH, and AE on the community's
FIRM on sites:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or
subdivision; or
4. In an existing manufactured home park or subdivision on
which a manufactured home has incurred "substantial
damage" as a result of a flood;
Be elevated on a permanent foundation such that the lowest floor
of the manufactured home is elevated to or above the base flood
elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse, and lateral
movement.
C. Require that manufactured homes be placed or substantially
improved on sites in an existing manufactured home park or
subdivision with zones Al-30, AH and AE on the community's
FIRM that are not subject to the provisions of paragraph (4) of this
section be elevated so that:
1. The lowest floor of the manufactured home is a minimum
of one (1) foot six (6) inches above the base flood
elevation; and
2. The manufactured home chassis is supported by
reinforced piers or other foundation elements of at least
equivalent strength that are no less than thirty-six (36)
inches in height above grade and be securely anchored to
an adequately anchored foundation system to resist
flotation, collapse, and lateral movement.
(5) Recreational vehicles. Require that recreational vehicles placed on sites
within zones Al-30, AH, and AE on the community's FIRM either:
a. Be on the site for fewer than one hundred eighty (180)
consecutive days;
b. Be fully licensed and ready for highway use; or
C. Meet the permit requirements of division 3, section 6-39(a) and
the elevation and anchoring requirements for "manufactured
homes" in paragraph (4) of this section. A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is
attached to the site only by quick disconnect type utilities and
security devices, and has no permanently attached additions.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-43. Standards for subdivision proposals.
(a) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall be consistent with division 1, sections 6-29, 6-27 and 6-28
of this article.
(b) All proposals for the development of subdivisions including the placement of
manufactured home parks and subdivisions shall meet development permit
requirements of division 2, section 6-32; division 3, section 6-29; and the
provisions of division 4 of this article.
(c) Base flood elevation data shall be generated for subdivision proposals and other
proposed development including the placement of manufactured home parks and
subdivisions which is greater than fifty (50) lots or five (5) acres, whichever is
lesser, if not otherwise provided pursuant to division 2, section 6-31 or division 3,
section 6-38(8) of this article.
(d) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have adequate drainage provided to reduce exposure to
flood hazards.
(e) All subdivision proposals including the placement of manufactured home parks
and subdivisions shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize or eliminate
flood damage.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-44. Standards for areas of shallow flooding (AO/AH zones).
Located within the areas of special flood hazard established in division 2, section
6-31, are areas designated as shallow flooding. These areas have special flood hazards
associated with base flood depths of one (1) to three (3) feet where a clearly defined
channel does not exist and where the path of flooding is unpredictable and where
velocity flow may be evident. Such flooding is characterized by ponding or sheet flow;
therefore, the following provisions apply:
(1) All new construction and substantial improvements of residential
structures have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number specified in
feet on the community's FIRM (at least two (2) feet if no depth number is
specified).
(2) All new construction and substantial improvements of non-residential
structures:
a. Have the lowest floor (including basement) elevated above the
highest adjacent grade at least as high as the depth number
specified in feet on the community's FIRM (at least two (2) feet if
no depth number is specified); or
b. Together with attendant utility and sanitary facilities be designed
so that below the base flood level the structure is watertight with
walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall submit a certification
to the floodplain administrator that the standards of this section, as
proposed in division 3, section 6-39(a), are satisfied.
(4) Require within zones AH or AO adequate drainage paths around
structures on slopes, to guide flood waters around and away from
proposed structures.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-45. Floodways.
Floodways located within areas of special flood hazard established in division 2,
section 6-31, are areas designated as floodways. Since the floodway is an extremely
hazardous area due to the velocity of flood waters which carry debris, potential
projectiles and erosion potential, the following provisions shall apply:
(1) Encroachments are prohibited, including fill, new construction, substantial
improvements and other development within the adopted regulatory
floodway unless it has been demonstrated through hydrologic and
hydraulic analyses performed in accordance with standard engineering
practice that the proposed encroachment would not result in any increase
in flood levels within the community during the occurrence of the base
flood discharge.
(2) If division 4, section 6-45(1), above is satisfied, all new construction and
substantial improvements shall comply with all applicable flood hazard
reduction provisions of division 4.
(3) Under the provisions of 44 CFR chapter 1, section 65.12, of the National
Flood Insurance Regulations, a community may permit encroachments
within the adopted regulatory floodway that would result in an increase in
base flood elevations, provided that the community first applies for a
conditional FIRM and floodway revision through FEMA.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-46. Penalties for noncompliance.
No structure or land shall hereafter be constructed, located, extended, converted,
or altered without full compliance with the terms of this article and other applicable
regulations. Violation of the provisions of this article by failure to comply with any of its
requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person who violates
this article or fails to comply with any of its requirements shall upon conviction thereof be
fined not more than five hundred dollars ($500.00), for each violation, and in addition
shall pay all costs and expenses involved in the case. Each day any violation of this
article shall continue shall constitute a separate offense. Nothing herein shall prevent the
city from taking such other lawful action as is necessary to prevent or remedy any
violation.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Sec. 6-47. Conflict of laws.
Within a flood hazard area, the provisions of this article shall take precedence
over any conflicting municipal laws, ordinances, or codes.
(Ord. No. 02-050, §§ 1, 2, 7-9-02)
Secs. 6-48, 6-49. Reserved.
ARTICLE IV. ELECTRICAL CODE*
*Cross references: For regulations governing electric power companies and other
utility companies, see §28-110 et seq.
State law references: For authority to regulate, see VTCS, Art. 1175(18), (19), (23),
(25), (26); as to promulgation of rules by fire insurance commissioner, see Art. 4682a(9).
DIVISION 1. GENERALLY
Sec. 6-50. Short title.
The title of this article shall be "The Beaumont Electrical Code," and may be cited
as such, and may be referred to in this article as "this code."
(Code 1958, § 11-1)
Sec. 6-51. Definitions.
As used in this code the following definitions shall apply:
Approved or approval. Approved by the electrical inspector. National, state, and
city standards shall be the basis of such approval.
i
Conductor. A wire or cable or other form of metal suitable for carrying electrical
current or potential.
Electrical construction: All work and material used in installing, maintaining, or
extending a system of electrical wiring, and all appurtenances, apparatus, and
equipment used in connection therewith, inside of or attached to any building or
structure, lot, or premises.
Electrical contractor. Any person or firm engaged in the business of providing
and selling electrical services. He shall have a permanently established place of
business with a published telephone number. He shall hold aan Fnaster
elestisia 's"electrical contractors certificate or shall employ an individual who does and
carry him on his active payroll. A master electrician may not qualify more than one
contractor. He shall be available to the inspection authority to answer any questions
relating to electrical work coming under the jurisdiction of this electrical inspection
authority.
Equipment: Conductors, materials, fittings, devices, appliances, fixtures, signs,
apparatus, motors, and the like, used as a part of or in connection with any electrical
installation.
Journeyman electrician: Any person who is employed by a person (who is by
training, experience, and education competent to lay out, design and install a system of
wiring for light, heat or power to conform to the National Electrical Code) to do electrical
work for wages and who does not furnish any materials or supplies in the performance of
his work and holds a Journeyman electrician license.
Journeyman sign erector.•Any person who is employed by a limited- master sign
electrician {sigf+}-to install signs for wages and who does not furnish any materials and
supplies in the performance of his work and holds a journeyman sign electrician license.
, ,
eduGatien, G9FAP9t9Rt tO lay out, design, and- install a SyStGFA Of WiFiRg fGF light, heat, 9
Maintenance and repair.The act of keeping in a state of safe operating condition
any conductor or piece of equipment used inside or outside, attached or connected to
any building electrical system, by replacement of units or elements thereof, but shall not
include extensions of or additions to an existing system or branch thereof.
Maintenance electrician:An electrician regularly employed on a permanent basis
by any person and who performs work only in the confines of the building or in or on the
premises where he is regularly employed on a permanent basis, and who does
maintenance work as defined in the paragraph "maintenance and repair..-" and holds a
maintenance electrician license.
Master electrician: Any person who is, by training, experience, and education,
competent to lay out, design, and install a system of wiring for light, heat, or power, and
holds a master electrician license.
Master sign electrician: Any person who is engaged in the business of
manufacturing and/or installing electric signs and holds a master sign electrician license.
Outside electrical work.The installing, maintaining, altering, repairing, or erecting
of any electrical wiring, apparatus, devices, appliances, fixtures, or equipment located
outside of and separate from buildings and on poles, towers, or other structures
designed or constructed to be used exclusively for the support of such electrical wiring,
apparatus, devices, appliances, fixtures, or equipment for which a permit is required
under the terms of this code, except that overhead conductors may be attached to
buildings.
autheFi�
hags Satisfied the bgaFd that he is qualified to de the woFk stated in the appliGatien, tha
hA- h-AA. paid the ReGe66aFy Fegis#atieR fees to date, and that his - .- ----F 0 ed OR the
(Code 1958, § 11-2; Ord. No. 83-34, § 1, 4-5-83; Ord. No. 87-41, § 1, 5-26-87; Ord. No.
88-75, § 1, 8-16-88; Ord. No. 93-35, § 1, 7-6-93; Ord. No. 95-23, § 1, 4-4-95)
Cross references: For definitions of the terms 'outlet", 'outlet addition", 'outlet
extension" and "horsepower grouping", see § 6-102.
Sec. 6-52. Purpose of code.
The purpose of this code is the practical safeguarding of persons, and buildings
and their contents, from electrical hazards arising from the improper use of electricity for
light, heat, power, radio, signaling, or for any other purpose.
(Code 1958, § 11-3)
Sec. 6-53. Scope of code.
(a) The provisions of this code shall apply to all installations of and work done on
electrical conductors, fittings, devices, motors, controls, appliances, fixtures,
electronic devices, signs and gaseous tubing, herein referred to as electrical
equipment, within or on public and private buildings and premises with
exceptions as provided herein.
(b) On all installations of electrical conductors or equipment hereafter made, and all
existing installations which are altered, or for which the use has changed, all
work shall be done in a manner that will conform with the requirements for a
sufficient and safe electrical structure and system under this code.
(c) Repair and maintenance work shall be such that if any electrical conductor or
equipment is removed and later replaced, same shall be replaced in accordance
with the provisions of this code.
(Code 1958, § 11-4)
Sec. 6-54. Applicability of code—Public utilities.
The provisions of this code shall not apply to installations made or used by
agencies in the generation, transmission or distribution of electricity, or for the operation
of railways, signal or transmission of intelligence when located within or on buildings,
enclosures, or premises used exclusively by such agency or on public thoroughfares;
provided, however, such agencies excepted are operating under a valid franchise
agreement with the city.
(Code 1958, § 11-5)
Sec. 6-55. Same--Radio and television stations.
The provisions of this code shall apply to electrical equipment used for supplying
electrical power for radio transmission in amateur radio transmitting stations and shall
apply to all electrical equipment used for power supply to radio transmitting equipment,
but shall not apply to other electrical equipment used for radio or television transmission.
(Code 1958, § 11-6)
Sec. 6-56. Same--Signs and gaseous tubing.
This code shall apply to all forms of electrical signs, gaseous tubing, and outline
lighting conductors and equipment. All sign structures, attachments to buildings and
foundations shall be approved by the building official as set forth in sections covering the
construction and erection of signs in the building code prior to inspection under this
code.
(Code 1958, § 11-7)
Sec. 6-57. Sale of electrical equipment—Prohibited sales.
It shall be unlawful for any person within the city to sell, expose for sale, offer to
sell, dispose of as a premium, offer for rent, or to repair any appliance which has not
been endorsed by the Underwriters' Laboratories, Inc., or other nationally recognized
standards association; or without first obtaining approval from the chief electrical
inspector in absence of such evidence of safety approval.
(Code 1958, § 11-70)
Sec. 6-58. Same—Approval of articles generally.
The chief electrical inspector shall approve for sale at retail such electrical
equipment, material, conductors, apparatus, or appliances as are reasonably safe to
persons and property. Conformity of such equipment and material with the standards of
the Underwriters' Laboratories, Inc., shall be prima facie evidence that such equipment is
reasonably safe to persons and property.
(Code 1958, § 11-71)
Sec. 6-59. Same--Passing upon articles not on approved list.
(a) Should any material or equipment be submitted for approval which is not listed as
approved by the Underwriters' Laboratories, Inc., the chief electrical inspector
shall, within ten (10) days of the receipt of written request for special approval,
approve, provisionally approve, or disapprove such electrical material or
equipment.
(b) Approval shall be based on reasonable safety to persons or property, and
material and equipment shall be considered as adequate for approval if the
standards of the Underwriters' Laboratories Inc., or provisions of this code are
met. When material or equipment is approved by the chief electrical inspector,
such approval shall continue until the material or workmanship on the article
approved is changed. When the material or workmanship is changed, the article
shall be reexamined for approval.
(c) When no applicable standard can be used to determine whether an article is
reasonably safe, the chief electrical inspector may grant provisional approval and
allow its sale until such time as it can be tested or determined whether the article
is safe to persons or property.
(d) When an article is disapproved by the chief electrical inspector the decision may
be appealed for review by the electrical board of review.
(e) The chief electrical inspector shall keep in his office a complete list of electrical
equipment, material, appliances, and devices approved by Underwriters'
Laboratories, Inc., provisionally approved, or disapproved for sale within the city.
This list shall be available to the public during regular working hours.
(Code 1958, § 11-72)
Sec. 6-60. . Reserved.
Secs. 6-61--6-69. Reserved.
DIVISION 2. RESERVED*
*Editor's note: Ord. No. 96-61, § 1, adopted October 15, 1996, amended the Code by
repealing Div. 2, §§ 6-70--6-74. Former Div. 2 pertained to administration of the electrical
code, and derived from the Code of 1958, §§ 11-17--11-20 and 11-22; and Ord. No. 76-
89, adopted August 10, 1976; Ord. No. 83-34, adopted April 5, 1983; Ord. No. 86-72,
adopted July 22, 1986; Ord. No. 87-41, adopted May 26, 1987; and Ord. No. 95-23,
adopted April 4, 1995.
Secs. 6-70--6-79. Reserved.
DIVISION 3. ELECTRICIANS
Sec. 6-80. Registration required; false representations of registration.
9l9GtF*GmaR 9f aRy Gla6s; set forth em „
„ �, „ „ „
A person or business may not perform or offer to perform electrical work unless the
person or business holds an appropriate license issued by the Texas Department of
Licensing and Regulation.
Sec. 6-81. Regi6tFati1GR GlassifiGatien. Reserved
fellows-
(2) Limited master el9GtFiGiaRj
.
Sec. 6-82. . Reserved
GgR 919GtFiGian shall be referred to the Se-witheast
,
v
v
v
• . . . •
MINION
Pilo
• • . . . . . • •. .W Nmm 0 _
-W. ON iiii:
••• .. MINIM
ell-
,
the imieamiRg of this A_Q_d_e;.
Sec. 6-85. . Reserved
(b) The AnR--al reReival fee rohall be twenty five dollaFS ($26 00) f9F the FAaGt8F
,
and jG6lFl; .
,
d.
. ,
Sec. 6-86. . Reserved
,
Sec. 6-87. . Reserved
Sec. 6-88. .Reserved
not an-tually his owF;-.
Sec. 6-89. . Reserved
Sec. 6-90. . Reserved
al pIaGe of bW6iRe66.
Sec. 6-91. Master electrician's office.
Every master electrician, if he qualifies as an electrical contractor, must have and
maintain an established place of business and shall have a person in attendance to
receive messages from the electrical inspector's office of the city or other persons
concerned during regular business hours.
(Code 1958, § 11-22; Ord. No. 87-41, § 4, 5-26-87)
Sec. 6-92. Supervision of work.
In the actual work of installing, maintaining, altering, or repairing of any electrical
conductors or equipment for which a permit is required by this code, there shall be
present and in direct supervision a qualified electrician of the proper classification. It
shall be required that a master or sign electrician, as the case may be, be liable and
responsible for the layout and technical supervision of any work which has required the
securing of permits and a journeyman electrician shall not supervise at the job site more
than three (3) unclassified workers. Should it come to the notice of the chief electrical
inspector or his assistants that such supervision and control are not being maintained,
the inspector may order the work to be discontinued and the person to whom the permit
has been issued shall discontinue further work until proper supervision has been
employed or supplied.
(Code 1958, §§ 11-45, 11-62; Ord. No. 83-34, § 7, 4-5-83)
Secs. 6-93--6-99. Reserved.
DIVISION 4. PERMITS
Sec. 6-100. Required; to whom issued; exemption.
(a) Permits shall be issued to lectrical
contractors qualified to secure permits, as set forth in this code, or to their duly
authorized agent. Qualified FRaGt8F 9F limited masteF eleGtFiGiaRs Electrical
s4a44contractors shall certify their duly authorized agent to the chief electrical
inspector in the form of an affidavit stating that such
e4est#4siaRelectrical contractor assumes all and full responsibility for any permit
taken out or applied for by such agent. This certification shall be kept in the chief
electrical inspector's file after it has been approved by the city attorney on file in
the office of the Building Official
(db) Nothing in this code shall be construed to prevent a person from doing electrical
work himself on his own residence which is owned and occupied by him as such,
so long as he complies with all of the other provisions of this code. This
exception shall be construed to mean an individual owner (not firm, co-
partnership, or corporation who actually does the labor himself). This individual
owner shall be present at the time of any electrical inspection.
88)
(Code 1958, §§ 11-31, 11-32; Ord. No. 79-62, § 1, 8-21-79; Ord. No. 88-75, § 4, 8-16-
Sec. 6-101. Application; scope of permit requirements.
(a) Every person who shall install, cause to be installed, or permit to be installed, any
electrical wiring, fixtures or equipment or shall make any alteration, addition,
change or repair within the scope of this code, shall within forty-eight (48) hours
after the commencement of such work, make application for a permit therefor
with the city electrical inspector.
(b) There shall be one permit for each building for which rough work for electrical
conductors, or electrical equipment is installed. Accessory buildings, tourist
cottages, or group houses shall not be considered separate buildings when the
work is to be installed as one complete project and at one time, except where
separate switches or meter loops are installed thereon.
(c) Application for permits shall be made in writing upon forms provided by the
electrical inspector's office for that purpose. With such application there shall be
filed a diagram or plan showing clearly the character and kind of wiring or
installation of fixtures or equipment work to be done. The plan or diagram shall
show the manner in which the electrical installation is to be made, or the
character of any repairs to any existing electric installation. Such application shall
include the following information:
(1) Street and house number;
(2) Name of the owner;
(3) Kind of buildings; and
(4) A list of electrical fixtures and appliances to be installed.
(d) The diagram or plans, and application, shall be referred to the chief electrical
inspector who shall have the authority to issue or refuse to issue a permit.
(e) Plans for buildings of more than five thousand (5,000) square feet, based on
exterior dimensions or more than two (2) stories in height, shall bear the seal and
signature of a professional electrical engineer licensed in the State of Texas.
(Code 1958, §§ 11-28, 11-30; Ord. No. 88-75, § 5, 8-16-88)
Sec. 6-102. Fees.
Payment of permit fees shall be made prior to the issuance of a certificate of
approval for final inspection, and shall be based on the schedule of fees herein set out:
(1) Outlet. The term "outlet" shall mean and be construed as any point on a
wiring system at which a switch is installed or electricity is taken from a
circuit for light, power, or any other purpose or service.
(2) Outlet addition, outlet extension. The term "outlet addition" or "outlet
extension" shall mean and be construed as any outlet installation made
over and above the number as requested in the permit or as shown on
the plans for new construction, or outlet installation extending from or
added to old existing circuits, respectively.
(3) Horsepower grouping. Permit applications covering the installation of
meters on any job shall specify each motor individually and no grouping
of horsepower shall be permitted.
(4) Fee schedule.
(a) Additional meters . . . $2.75 ea.
(b) Air condition unit . . . 2.20 ea.
(c) Attic/ceiling fan . . . 1.10 ea.
(d) Bells, buzzers and chimes . . . 1.10 ea.
(e) Clean and show . . . 16.50 ea.
(f) Dishwasher . . . 1.10 ea.
(g) Disposal . . . 1.10 ea.
(h) Dryer . . . 2.20 ea.
(i) Elevators, dumbwaiters and escalators . . . 8.25 ea.
(j) Fixtures . . . 0.25 ea.
(k) Floodlight poles . . . 1.10 ea.
(1) Furnace/space heater . . . 5.50 ea.
(m) Gasoline pumps . . . 3.30 ea.
(n) Increase service . . . 11.00 ea.
(o) Light/power panels except at point of service . . . 8.25 ea.
(p) Minimum permit . . . 11.00 ea.
(q) Motor over 5 HP . . . 2.75 ea.
(r) Motor up to 5 HP . . . 2.20 ea.
(s) Move meter . . . 11.00 ea.
(t) Name change . . . 11.00 ea.
(u) Outlets/switches/receptacles . . . 0.25 ea.
(v) Overtime inspection . . . 55.00 ea.
(w) Permanent pole . . . 11.00 ea.
(x) Pre-final service . . . 11.00 ea.
(y) Range . . . 2.20 ea.
(z) Reconnection . . . 11.00 ea.
(aa) Rectifiers/transformers . . . 5.50 ea.
(bb) Reground . . . 11.00 ea.
(cc) Service . . . 11.00 ea.
(dd) Signs/electrical . . . 16.50 ea.
(ee) Swimming pool above ground . . . 11.00 ea.
(ff) Swimming pool in ground . . . 16.50 ea.
(gg) Temporary pole . . . 11.00 ea.
(hh) Water heater . . . 2.20 ea.
(ii) Welding machine outlets . . . 2.20 ea.
Qj) Yard lamps . . . 1.10 ea.
(Code 1958, § 11-29; Ord. No. 75-28, § 1, 4-15-75; Ord. No. 83-40, § 1, 4-19-83; Ord.
No. 03-080, § 4, 10-14-03)
Editor's note: Ord. No. 03-080 is effective Jan. 1, 2004.
Sec. 6-103. Expiration.
If electrical wiring or installation of fixtures or equipment work authorized under a
permit is not started within sixty (60) days after issuance of such permit, or if the work is
started and then discontinued and the work remains discontinued without justifiable
cause for a period of sixty (60) days, the permit shall become void, and no work shall be
done on the premises until a new permit is issued and all necessary fees paid. No
refunds shall be made for permits that have become void.
(Code 1958, § 11-33)
Sec. 6-104. Cancellation.
The chief electrical inspector shall have the right to declare a permit null and void
if there has been misrepresentation of facts or any violation of the provisions of this
code.
(Code 1958, § 11-34)
Secs. 6-105--6-109. Reserved.
DIVISION 5. STANDARDS AND SPECIFICATIONS
Sec. 6-110. Responsibility for safe work, liability of city for damages.
The electrical regulations of this code shall not be construed to relieve from or
lessen the responsibility or liability of any person owning, operating or installing electrical
conductors, devices, appliances, fixtures, apparatus, motors or equipment, for damages
to persons or buildings caused by any defect therein by reason of the inspection herein
authorized or the certificate of approved inspection issued by the electrical inspector's
office as herein provided; nor shall the city be held liable for any damages by reason of
the enforcement of this code.
(Code 1958, § 11-8)
Sec. 6-111. Installation standards generally; adoption of code.
(a) All installations of electrical wiring and equipment shall be reasonably safe to
persons and property and in conformity with the provisions of this code, the
applicable statutes of the state, and any rules or regulations issued by authority
thereof.
(b) Conformity of electrical installations with the applicable standards set forth in the
National Electrical Code shall be prima facia evidence that such installations are
reasonably safe for persons and property; provided that the provisions of this
article shall prevail over the National Electrical Code in case of conflicting
provisions. The current version of the National Electrical Code, as it may from
time to time be amended and approved and adopted by the National Fire
Protection Association, shall be and become the electrical code of the City of
Beaumont on January 1 of the year following the year in which such code is
adopted and approved by the National Fire Protection Association. Such current
code is adopted and made a part of this article as if fully copied herein. One (1)
copy of such current code shall be filed in the office of the city clerk.
(c) Due to the unusual climatic conditions prevailing in and about the city, certain
exceptions to the wiring methods and materials, as set forth in the National
Electrical Code herein adopted, shall be made as set forth in this division.
(Code 1958, § 11-35; Ord. No. 75-28, § 2, 4-15-75; Ord. No. 78-13, § 1, 2-7-78; Ord. No.
81-18, § 2, 3-10-81; Ord. No. 84-73, § 1, 6-12-84; Ord. No. 90-6, § 1, 1-30-90)
Sec. 6-112. Equipment standards generally.
(a) All electrical equipment installed or used shall be reasonably safe to persons and
property in conformity with the provisions of this code, the applicable statutes of
the state and any rules or regulations issued by authority thereof.
(b) Conformity of electrical equipment with the applicable standards of the
Underwriters' Laboratories, Inc., shall be prima facie evidence that such
equipment is reasonably safe to persons and property.
(c) Only standard parts and materials approved by the Underwriters' Laboratories,
Inc., or by the chief electrical inspector, as set forth in sections 6-57 through 6-
59, shall be permitted in electrical repair or maintenance work.
(Code 1958, § 11-36)
Sec. 6-113. Sign standards generally.
(a) All electrically illuminated or electrically powered outdoor and indoor signs and
displays shall be reasonably safe to persons and property and in conformity with
the provisions of this code.
(b) Conformity of all types of electrical signs with applicable standards of the
Underwriters' Laboratories, Inc., and the National Electrical Code shall be prima
facie evidence that such installations are reasonably safe to persons and
property; provided that the provisions of this article shall prevail in case of
conflicting provisions.
(c) Conformity of construction, erection, foundation and means of support of all such
signs with the city building code shall be approved by the city building official
before permits for electrical inspection shall be issued under the authority of this
code.
(d) A permit for an electrical sign must be obtained from the housing code
enforcement division before any sign is installed.
(Code 1958, § 11-37; Ord. No. 87-41, § 6, 5-26-87)
Cross references: Permit fee, § 6-102.
Sec. 6-114. Utility company rules and regulations.
Rules and regulations of the company supplying electricity to the city, regarding
service and meter installations for the kind and character of service to be rendered, as
passed and approved by the governing body of the city from time to time, in accordance
with franchise provisions, are hereby referred to, incorporated herein, and made a part
hereof.
(Code 1958, § 11-38)
Sec. 6-115. Approved wiring methods, use thereof.
Wiring methods approved by the National Electrical Code shall be used with the
exceptions listed below:
(1) Any approved method may be used for temporary work.
(2) In all buildings and on all properties within the first fire district, all
commercial buildings, and all buildings used for commercial purposes, the
following wiring methods are excluded from the approved methods, as
listed in the National Electrical Code:
Article 320--Open wiring on insulators
Article 324--Concealed knob and tube work
*Article 331--Electrical non-metallic tubing
Article 336--Non-metallic sheathed cable
Article 338--Service entrance cable
Article 339--Underground feeder and branch circuit cable
*Cannot be used in first fire district
(3) The following equipment shall be installed on individual circuits:
(a) Attic fan and heating unit.
(b) Dishwasher.
(c) Disposal.
(d) Washing machine.
(e) Dryer.
(f) Water heaters and space heaters.
(g) Ranges, built-in ranges, tops and ovens.
(h) Air conditioning equipment.
(i) Other types of equipment that requires special circuits.
0) Built-in microwave ovens.
(4) Low voltage wiring. All low voltage wiring and devices shall be installed
according to the requirements of the National Electrical Code.
(5) The installation of A.C. or armored cable shall not be permitted in any
place or places designed or intended for assembly occupancy purposes.
(Code 1958, § 11-65; Ord. No. 79-62, § 2, 8-21-79; Ord. No. 83-34, § 8, 4-5-83; Ord. No.
87-41, § 7, 5-26-87; Ord. No. 87-53, § 1, 7-7-87; Ord. No. 91-11, § 1, 2-12-91)
Sec. 6-116. Residential wiring.
(a) In a single-family residence with seven hundred fifty (750) square feet of floor
space, or less, only one receptacle will be required in each room.
(b) Service-entrance cable may be used on all one- and two-family residences
where three (3) number six (6) copper conductors or larger are used.
(Code 1958, § 11-66)
Sec. 6-117. Branch circuit protection.
It shall be unlawful for any person to bridge, tamper with or change from its
original installation, except upon the approval of the chief electrical inspector, and then
only after proper permit for alteration has been issued, any fuse of the plug, cartridge
type or link type, installed in panel boards, main switches or switchboards, or to alter or
change circuit breakers so that the original calibration will be affected, or to tie down or
secure any circuit breaker so that it will not function properly.
(Code 1958, § 11-67(a))
Sec. 6-118. Service clearances.
Service clearances shall comply with the current requirements of "standard
service practices" of the local utility company. Where these clearances are not covered
by this standard, the National Electrical Code shall apply.
(Code 1958, § 11-68; Ord. No. 87-41, § 8, 5-26-87)
Sec. 6-119. Extension cord length.
Extension cords shall be no longer than eight (8) feet except those used for
portable tools and trouble lights.
(Code 1958, § 11-69)
Sec. 6-119.1. Temporary construction poles.
Temporary poles shall comply with the requirements of the local utility company's
standard service practices.
(Ord. No. 76-90, § 1, 8-17-76; Ord. No. 87-41, § 9, 5-26-87)
DIVISION 6. INSPECTIONS
Sec. 6-120. Certificate of approval required before connecting.
It shall be unlawful for any person to make connections from a source of
electrical energy to any electrical wiring, device or equipment on an installation for which
a permit is required, as set forth in this code, until a certificate of approval has been
issued by the electrical inspector authorizing such connection and the use of such
wiring, devices or equipment.
(Code 1958, § 11-55)
Sec. 6-121. Unauthorized connection after disconnection.
It shall be unlawful for any person to make connections from a source of
electrical energy to any electrical wiring, device or equipment which has been
disconnected by order of the electrical inspector, or the use of which has been prohibited
for reasons herein set forth, until a certificate of approval has been issued by him
authorizing the reconnection and use of such wiring, devices or equipment.
Whenever the service wires are once disconnected in any commercial building in
the city limits or any building in the inner fire limits, the service shall not again be
connected until the same has been wired so as to conform to this code.
(Code 1958, § 11-63)
Sec. 6-122. Rough work inspection, correcting faulty work, reinspection.
(a) Notice, time, signing inspection card. When the rough wiring or installation work
is completed on any premises, the person responsible therefor shall notify the
electrical inspector that the job is ready for inspection, giving proper identification
of the work, address and permit number. The electrical inspector shall then make
an inspection of the electric installation within twenty-four (24) hours from the
time of notification (exclusive of Sundays and legal holidays). If the wiring or
installation work has been installed in accordance with the terms and provisions
of this code, the city electrical inspector shall sign the inspection card, noting
thereon the date of approval of the work. More than one rough inspection may be
made without charge when the progress of construction requires such inspection.
(b) Faulty work. If the electric wiring or installation of fixtures or equipment is found
to be faulty, incorrectly or defectively installed, the electrical inspector shall notify
the responsible person who installed such work of the changes necessary to be
made in order that the work may conform to this code.
(c) Rectification of faulty work. The electrical contractor shall, within forty-eight (48)
hours from the time of notification, make or start to make the changes ordered
and shall proceed with the work until the same is completed. Upon completion
thereof and payment of the reinspection fee, he shall notify the electrical
inspector to the effect that faulty work has been corrected. The latter shall then
cause the reinspection to be made and, if such work is found to comply with this
code, he shall sign the inspection card noting thereon the date of approval of the
work. If the electrical inspector shall again find the work incorrectly installed, he
shall notify the responsible electrical contractor of the necessary changes and
shall collect an additional reinspection fee. If the responsible master electrician
does not make the required changes within a reasonable time, the electrical
inspector shall refuse to issue to any such person any further permits until such
work in question is corrected and approved.
(Code 1958, § 11-56; Ord. No. 87-41, § 10, 5-26-87)
Sec. 6-123. Final inspection.
Upon the completion of all electrical wiring or installation of fixtures or equipment
in any building or on any premises, the electrical contractor shall notify the chief
electrical inspector that the work is ready for final inspection, giving the electrical permit
number and street address and the chief electrical inspector shall then cause inspection
to be made within twenty-four (24) hours from the time of receipt of notification
(exclusive of Sundays and legal holidays) and, if any faulty or defective wiring or
equipment is found, the electrical contractor shall be notified of the changes to be made
in order that such work shall conform to this code. If such work is found to be correctly
installed, replaced or repaired, the electrical certificate shall state that the wiring or
installation work has been installed in accordance with the provisions of this code. For
each final inspection requested after the first has been made, the final inspection fee
shall be paid as provided.
(Code 1958, § 11-57; Ord. No. 87-41, § 11, 5-26-87)
Sec. 6-124. Leaving work open.
It shall be unlawful for any person to cover, or cause to be covered, any part of a
wiring installation with flooring, lath, wallboard or other material, until the electrical
inspector shall have approved the wiring installation, in part or as a whole, except as
herein set forth.
(Code 1958, § 11-58)
Sec. 6-125. Removal of dead wires, etc.
It shall be the duty of the electrical inspector to cause all abandoned dead wire,
unused poles or electrical apparatus on the outside of the buildings or in streets or alleys
to be removed at the expense of the owners thereof, by giving the owners written notice.
(Code 1958, § 11-59)
Sec. 6-126. Altering conductors or equipment; when interference with
other work.
It shall be unlawful for any unauthorized person to, in any manner, change or
alter electrical conductors or equipment in or on any building. If, in the course of the
erection of a building or structure, electrical conductors or equipment have previously
been installed in such position as to interfere with the erection or completion of the
structure, notice shall be immediately given the authorized person using the electrical
conductors or equipment, and he shall be required to accomplish this needed change in
accordance with this code.
(Code 1958, § 11-60)
Sec. 6-127. Periodic inspection; remedying defects.
The chief electrical inspector shall inaugurate thorough periodic reinspection of
installation of all electric wiring, electric devices and electric equipment now installed, or
that may hereafter be installed within the city, and within the scope of this code, and
when the inspection of any such wiring, devices or equipment is found to be defective,
dangerous or in an unsafe condition, the person owning, using or operating the same
shall make the necessary repairs or changes required to place such wiring, devices or
equipment in a safe condition within five (5) days or any longer period specified by the
chief electrical inspector in such notice. The chief electrical inspector shall immediately
order the disconnection or discontinuance of electrical service to such wiring, devices or
equipment until same has been made safe, as directed.
(Code 1958, § 11-61)
Secs. 6-128, 6-129. Reserved.
ARTICLE V. GAS CODE*
*Editor's note: Ord. No. 03-080 is effective Jan. 1, 2004.
Sec. 6-130. Adoption of code.
The 2003 Edition of the International Fuel Gas Code is hereby adopted and
declared operative as the gas code of the city, save and except those portions that are
deleted, modified or amended by this Code of Ordinances. A copy of such code is on file
in the office of the city clerk.
(Ord. No. 87-5, §§ 1, 2, 2-10-87; Ord. No. 96-59, § 1, 10-15-96; Ord. No. 98-67, § 3, 11-
3-98; Ord. No. 03-080, § 5, 10-14-03)
Cross references: Duties of plumbing board of review under gas code, § 6-142(d).
Sec. 6-131. Amendments to code.
Section 106.5.2 is amended to read as follows:
Section 106.5.2 Fee schedule.
Minimum permit fee of $11.00, $1.10 additional for each opening over
four (4).
Reinspection--$1 1.00 each.
Overtime inspection--$55.00 each.
(Ord. No. 03-080, § 6, 10-14-03)
Secs. 6-132--6-139. Reserved.
ARTICLE VI. PLUMBING CODE*
*Editor's note: Ord. No. 03-080 is effective Jan. 1, 2004.
Sec. 6-140. Adoption of code.
The 2003 Edition of the International Plumbing Code, except for appendices, is
hereby adopted and declared operative as the plumbing code of the city, save and
except those portions that are deleted, modified or amended by this Code of
Ordinances. A copy of such code is on file in the office of the city clerk.
(Ord. No. 03-080, § 8, 10-14-03)
Sec. 6-141. Reserved.
Sec. 6-142. Amendments to code.
Section 106.6.2 of the 2003 International Plumbing Code is amended to read as
follows:
Section 106.6.2. Fee schedule.
(a) Air conditioning drain . . . $2.75 ea.
(b) Dental chair . . . 5.50 ea.
(c) Dish washer . . . 2.75 ea.
(d) Drinking fountain . . . 2.75 ea.
(e) Floor drain . . . 2.75 ea.
(f) Garbage disposal . . . 2.75 ea.
(g) Grease trap and/or wash rack . . . 4.40 ea.
(h) Laundry tray . . . 2.75 ea.
(i) Lavatories . . . 2.75 ea.
Q) Minimum permit . . . 11.00 ea.
(k) Overtime inspection . . . 55.00 ea.
(1) Reinspection . . . 11.00 ea.
(m) Service sink . . . 2.75 ea.
(n) Sewer line . . . 5.50 ea.
(o) Showers . . . 2.75 ea.
(p) Single sink in restaurant . . . 2.75 ea.
(q) Sink . . . 2.75 ea.
(r) Three compartment sink in restaurant . . . 4.40 ea.
(s) Toilet . . . 2.75 ea.
(t) Tub . . . 2.75 ea.
(u) Two compartment sink in restaurant . . . 3.30 ea.
(v) Urinal . . . 2.75 ea.
w Y
(w) Washing machine . . . $2.75 ea.
(x) Wash room connection . . . 2.75 ea.
(y) Water heater . . . 5.50 ea.
(z) Water line . . . 2.75 ea.
Section 605.4 of the 2003 International Plumbing Code is amended to add a new
section 605.4.1 to read as follows:
Section 605.4.1. Underground inaccessible water distribution piping under a slab
shall be copper water tube minimum type "L".
Section 702 of the 2003 International Plumbing Code is amended to read as
follows:
Section 702.2. All sanitary drainage and vent piping for building drain or building
sewer to be schedule 40 PVC or better, cast iron, or copper tube.
(Ord. No. 03-080, § 8, 10-14-03)
Sec. 6-143. Reserved.
Editor's note: Ord. No. 96-58, § 1, adopted October 15, 1996, amended the Code by
repealing §§ 6-140--6-143. Former§ 6-140 pertained to the plumbing and mechanical
board of review, and derived from the Code of 1958, §28-4, and Ord. No. 77-104,
adopted September 27, 1977. Former§ 6-141 pertained to board members, and derived
from the Code of 1958, §28-5, and Ord. No. 77-104. Former§ 6-142 pertained to board
organization, and the Code of 1958, § 28-6, and Ord. No. 77-104. Former§ 6-143
pertained to appeals to the board, and derived from §28-7 of the Code of 1958, and
Ord. No. 77-104.
Secs. 6-144, 6-145. Reserved.
Editor's note: Ord. No. 03-080, § 7, adopted Oct. 14, 2003 repealed sections 6-144,
6-145 in their entirety, effective Jan. 1, 2004. Former sections 6-144, 6-145 pertained to
adoption and amendments, modifications and deletions of the Standard Plumbing Code,
and derived from the Code of 1958, §§ 28-1--28-3; Ord. No. 75-68, §§ 1--3, adopted Oct.
28, 1975; Ord. No. 83-4, § 3, adopted April 19, 1983; Ord. No. 84-147, § 1, adopted Nov.
13, 1984; Ord. No. 89-60, § 1, adopted Aug. 22, 1989; Ord. No. 96-58, §§ 2, 3, adopted
Oct. 15, 1996; Ord. No. 98-67, §§ 4, 5, adopted Nov. 3, 1998.
Secs. 6-146--6-169. Reserved.
ARTICLE VII. MECHANICAL CODE*
*Editor's note: Ord. No. 78-52, adopted May 9, 1978, was nonamendatory of this
Code; hence inclusion as Art. VII, §§ 6-170, 6-171 was at the editor's discretion. Ord.
No. 03-080 is effective Jan. 1, 2004.
Sec. 6-170. International Mechanical Code adopted; on file.
There is hereby adopted by the city, for the purpose of establishing rules and
regulations for air conditioning, heating and ventilating equipment, refrigeration, ducts
and duct systems, piping, incinerators and electrical requirements for same, that certain
code known as the International Mechanical Code, being particularly the 2003 Edition,
except for appendices, of which one (1) copy has been and now is filed in the office of
the city clerk for the city and the same is hereby adopted and incorporated as fully as if
set out at length herein, and from the date on which this article shall take effect, the
provisions thereof shall be controlling in the construction of air conditioning, heating, and
ventilating equipment, refrigeration equipment, ducts and duct systems, piping,
incinerators and the electrical requirements for same, save and except the portions of
the International Mechanical Code which are hereby deleted, substituted, modified or
amended as set forth in this article.
(Ord. No. 78-52, § 1, 5-9-78; Ord. No. 89-61, § 1, 8-22-89; Ord. No. 96-60, § 1, 10-15-
96; Ord. No. 03-080, § 9, 10-14-03)
Sec. 6-171. Amendments to code.
Section 106.5.2 is amended to read as follows:
Section 106.5.2 Fee schedule. Fee for inspecting heating, ventilating, ductwork,
air conditioning and refrigeration systems shall be eleven dollars ($11.00) for the
first one thousand dollars ($1,000.00), or fraction thereof, of valuation of the
installation plus two dollars and twenty cents ($2.20) for each additional one
thousand dollars ($1,000.00), or fraction thereof. Reinspection fee shall be
eleven dollars ($11.00). Overtime inspection shall be fifty-five dollars ($55.00).
Section 301.7 is amended to read as follows:
Section 301.7 Electrical connections.
Section 301.7.1 General. All electric connections between fuel-fired
appliances, mechanical equipment, etc. and the building wiring shall
conform to N.F.P.A. 70 and the currently adopted National Electrical
Code.
Section 301.7.2 For new construction, a disconnecting means and one
hundred fifteen-volt outlet shall be installed within sight and easy reach in
the ungrounded leads of each power circuit to electrically operated
components. The disconnecting means shall in no case be installed
farther than six (6) feet from the service side of the equipment.
Section 301.7.3 For existing construction, disconnecting means (shall be
installed) within sight, not more than fifty (50) feet distant from the
equipment, and within easy reach in the ungrounded leads of each power
circuit to electrically operated components.
(Ord. No. 78-52, § 1, 5-9-78; Ord. No. 83-40, § 4, 4-19-83; Ord. No. 90-16, §§ 1, 2, 3-13-
90; Ord. No. 92-80, § 1, 11-24-92; Ord. No. 96-60, §2, 10-15-96; Ord. No. 99-46, § 1, 6-
29-99; Ord. No. 03-080, § 9, 10-14-03)
ARTICLE VIII. EXISTING BUILDING CODE
J -
Sec. 6-172. Adoption of code.
The 2003 Edition of the International Existing Building Code is hereby adopted
and declared operative as the existing building code of the city. A copy of such code is
on file in the office of the city clerk.
(Ord. No. 89-63, § 1, 8-22-89; Ord. No. 03-080, § 10, 10-14-03)
ARTICLE IX. RESIDENTIAL BUILDING CODE
Sec. 6-173. Adopted.
The 2000 Edition of the International Residential Code for One and Two Family
Dwellings (IRC), including Appendices G and J is hereby adopted and declared
operative as the residential building code of the city, save and except those portions that
are deleted, modified, or amended by this Code of Ordinances. A copy of such code is
on file in the office of the city clerk.
(Ord. No. 01-100, § 1, 12-18-01)
Sec. 6-174. Code amendments, modifications and deletions.
The 2000 Edition of the International Residential Code for One and Two Family
Dwellings including Appendices G and J adopted herein is hereby amended as follows:
Section R105.2. Delete exemption for permit requirements for detached buildings
less than two hundred (200) square feet, fences not over six (6) feet high, and
sidewalks and driveways.
Section R108.2. Schedule of permit fees is amended to read: Appendix B of the
1997 Standard Building Code is adopted as the permit fee schedule.
Section R112.2.2. Criteria for issuance of a variance for areas prone to flooding
is deleted.
Section R301.2.1.1. Design criteria is amended to read: The Southern Building
Code Congress International Standard for Hurricane Resistant Residential
Construction SSTD 10-99 is adopted for use. Cold-formed steel construction
shall be designed in accordance with the provisions of this code.
Section R403.1.3.2. Slabs-on-ground with turned-down footings is amended to
read: Slabs-on-ground with turned down footings shall have a minimum of two
No. 4 bars at the top and at the bottom of the footing. Exception is deleted.
Section M105.1. General has the following sentence amended to read: Exhaust
ducts shall be constructed of minimum 0.016-inch-thick rigid metal ducts, or
schedule 40 PVC when used in concrete slabs and not exceeding twenty-five
(25) feet, having smooth interior surfaces with joints running in the direction of air
flow.
Section P2903.8.7. Hose bibb bleed is deleted.
Section P2904.5.1. Under concrete slabs is amended to read: Inaccessible water
distribution piping under concrete slabs shall be copper water tube minimum
Type L.
Section P3002.1. Piping within buildings is amended to read: Drain, waste and
vent piping in buildings shall be schedule 40 PVC DWV pipe and fitting, cast iron,
or copper pipe and fitting.
Section P3002.2. Building sewer is amended to read: Building sewer piping shall
be a minimum of four inches and conform to P3002.1. Six-inch and larger sewer
may be SDR 26 or better.
(Ord. No. 01-100, § 1, 12-18-01)
ARTICLE X. PROPERTY MAINTENANCE CODE
Sec. 6-175. Adoption of code.
There is hereby adopted by the city for the purpose of establishing rules and
regulations attendant to the use and occupancy of residential buildings and accessory
structures that certain code known as the 2003 Edition of the International Property
Maintenance Code. One (1) copy of such International Property Maintenance Code has
been and now is filed in the office of the city clerk of the city and the same is hereby
adopted and incorporated as fully as if set out at length herein, and from the date on
which this section shall take effect, the provisions thereof shall be controlling concerning
the matters set out in said code.
(Ord. No. 03-080, § 11, 10-14-03)
ORDINANCE NO.
.ENTITLED AN ORDINANCE AMENDING CHAPTER 6, ARTICLE I,
SECTION 6-4; ARTICLE II, SECTION 6-21; ARTICLE ,III, DIVISION 1,
SECTION 6-29; ARTICLE IV, DIVISION 1, SECTION 6-51, DIVISION 3,
SECTION 6-80, AND DIVISION 4, SUBSECTION 6-100(a); AND
REPEALING CHAPTER 6, ARTICLE I, SECTIONS 6-1 AND 6-2;
ARTICLE IV, DIVISION 1, SECTION 6-60, DIVISION 3, SUBSECTIONS
6-80(a) and (b), SECTIONS 6-81 THROUGH 6-90, AND DIVISION 4,
SUBSECTIONS 6-100(b) and (c); 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 6, Article I, Sections 6-1 and 6-2 be and the same are hereby
repealed.
Section 2.
That Chapter 6, Article I, Section 6-4 be and the same is hereby amended to
read as follows:
Sec. 6-4. Contractor's bond requirements.
No person or corporation acting as a contractor may perform construction
work without first having obtained a bond from the City of Beaumont. Nothing in
this code shall be construed to require a person to obtain a bond or license to do
any work himself on his own residence which is owned and occupied as his
homestead. This individual shall be present for all inspections by the City.
(The contractor's bond requirements shall be as follows:]
Building contractor's bond ...................... .......... $15,000.00
Roofing contractor's bond ...................... .......... 5,000.00
Driveway and sidewalk contractor's bond ......... 2,000.00
Section 3.
That Chapter 6, Article 11, Section 6-21 be and the same is hereby
amended to amend Sections 106.1, 108.2, 111.4, 907.2.1 through 907.2.11,
1803, 1813, and 3408 of the International Building Code to read as follows:
Sec. 6-21. Amendments to code.
Section 106.1 is amended to read as follows:
Section 106.1 Submittal documents. Construction documents, special
inspection and structural observation programs, and other data shall be
submitted in one or more sets with each application for a. permit. The
design professional shall be an architect or engineer legally registered
under the laws of this state regulating the practice of architecture or
engineering and shall affix his official seal to said drawings, specifications
and accompanying data, for the following:
(1) All Group A, E and I occupancies.
(II) Buildings and structures three stories or more high.
(III) Buildings and structures 5,000 square feet or more in area.
For all other buildings and structures, the submittal shall bear the certification of
the applicant that some specific state law exception permits its preparation by a
person not so registered.
Section 108.2 is amended to read as follows:
.3ection 108.2 Fee schedule.
TABLE INSET:
'Total Valuation
$1,000.00 to$50,000.00 $15.75 for the first$1,000.00 plus$5.25 for each additional thousand or
fraction thereof,to and including$50,000.00.
$50,000.00 to$100,000.00 $273.00 for the first$50,000.00 plus$4.20 for each additional thousand or
fraction thereof,to and including$100,000.00.
$100,000.00 to$500,000.00 $483.00 for the first$100,000.00 plus$3.15 for each additional thousand or
fraction thereof,to and including$500,000.00.
$500,000.00 and up $1,743.00 for the first$500,000.00 plus$2.10 for each additional thousand or
fraction thereof.
Moving fee: For the moving of any building or structure, the fee shall be
$150.00.
Demolition fee: For the demolition of any building or structures, the fee
shall be $50.00.
Penalties: Where work for which a permit is required by this code is
started or completed prior to obtaining said permit, the fees herein
specified shall be doubled, but the payment'of such double fee shall not
relieve any persons from fully complying with the requirements of this
code in the execution of the work nor from any other penalties prescribed
herein.
Plan checking fees: When the valuation of the proposed construction
exceeds one thousand dollars ($1,000.00) and a plan is required to be
submitted by 105.1, a plan-checking fee shall be paid to the building
official at the time of submitting plans and specifications for checking. Said
plan-checking fee shall be equal to one-half (1/2) of the building permit
fee. Such plan-checking is in addition to the building permit fee.
Section 111.4 is hereby added to read as follows:
Section 111.4 Temporary service. Temporary electrical service may be
supplied to a building that is under construction after the owner of the
building and the general contractor make such request on a form provided
by the building official. The temporary service shall be provided for a
period not to exceed three (3) months. Ten (10) days written notice shall
be provided to the owner or occupant that the electrical service will.be
disconnected unless permanent approval or an additional temporary
permit has been issued. The building official shall then issue written
instructions to the electricity provider to disconnect the temporary
electrical service. A letter addressed to "occupant," at the address of the
temporary service, shall be deemed as sufficient to notify the owner if the
name and address of the owner are not known.
Sections 907.2.1 through 907.2.11 are deleted from the International
Building Code and are referenced in the International Fire Code.
Section 1803 of the International Building Code is amended by adding
thereto the following subsection:
Section 1803.7.1 Open pit excavations.
(1) Definitions:
(a) Person. As defined in section 1-2 of the Code of Ordinances.
(b) Borrow pit. The pit, hole, or depression created by any
excavation of dirt, sand, stone, or other earth material.
(2) Except as provided in subparagraph (3) hereof, no person shall dig,
excavate, remove, or cause to be dug, excavated, or removed, any
dirt, clay, rock, or other material below the surface of the ground
without having first obtained an excavation permit in accordance
with the provisions of this subsection. Any excavations in violation
of this subsection are hereby declared to be public nuisances.
(3) This subsection shall not be applicable to excavation for foundation
purposes, where a building permit has been properly applied for
and granted in accordance with the International Building Code;
provided, however, if the construction for which a building permit
had been granted should be. abandoned or delayed for a period
longer than one hundred eighty (180) days, any pit excavated shall
be required to conform to the provisions of subparagraphs (5), (6)
and (10) of this subsection. This subsection shall not be applicable
to excavations of drainage ditches, canals, or similar facilities.
(4) Each application for an excavation permit shall be in writing, on a
form provided for that purpose by the city engineer, stating the
purpose of the proposed excavation of the land upon which the
excavation is to be done, and the names of all owners of the land
upon which the proposed excavation is to be done, and of all
owners of land lying within one hundred (100) feet of the proposed
excavation, and shall be accompanied by an accurate drawing
showing the location of the proposed excavation, and the
dimensions of the borrow pit to be created thereby. Each
application shall be accompanied by a permit fee of twenty-five
dollars ($25.00), which shall be refunded to the applicant if the
permit is not granted. The permit fee shall not be required of any
governmental agency, entity, or instrumentality, but all other
requirements of this subsection shall remain applicable to such
bodies.
(5) No excavation shall be made within ten (10) feet of any property
line, without the express written consent of the owner of the
adjacent property. Borrow pits shall be sloped no steeper than two
(2) feet horizontal for each one (1) foot vertical measurement. An
excavation which is conducted adjacent to roadways, easements,
drainage systems, utility lines, or other structures, shall be
conducted at an adequate distance from such facilities, as
determined by the building official, so as not to interfere with or
cause damage to such facilities.
(6) No excavation may be made upon any dedicated street or highway
right-of-way or any planned or proposed street described in the
master street plan of the city.
(7) Trucks hauling excavated material shall, insofar as possible, use
existing truck routes. Excavated materials shall not be dropped or
placed upon any public street or highway.
(8) Upon proper application as provided in subparagraph (3) hereof,
the building official shall issue an excavation permit if he is
satisfied, from competent evidence presented to him as he may
require, that the proposed excavation. is consistent with the public
health, safety, and welfare, that the requirements of this subsection
will be met, and that the excavation operations will be conducted in
a manner and at a location which will supplement existing or
proposed drainage facilities of the city.
(9) If an application for an excavation permit is denied by the building
official, the applicant.may within ten (10) days appeal such denial to
the Building Board of Adjustment.
(10) Upon completion of the excavation for which a permit has been
granted hereunder, but not later than one hundred eighty (180)
days after excavation has begun, a substantial fence, at least six
(6) feet in height and otherwise being in accordance with
.specifications promulgated by building official, shall be erected
completely surrounding the borrow pit. Such fence shall be kept in
good repair as long as the borrow pit exists, and all gates kept
closed except as necessary for excavation and removal purposes.
i
If any part of a borrow pit is situated within fifty (50) feet of a
residence, the fence surrounding such pit shall be so constructed
as to prevent small children from gaining access to the borrow pit.
Section 1813 of the International Building Code is added to read as
follows:
Section 1813.
(a) General
(1) Foundation repair work on all residential structures shall be
accomplished only by a contractor licensed and bonded by
the city to operate as a building contractor, or foundation
repair contractor, within the corporate limits of the city.
(2) A permit for each foundation repair project must be obtained
from the building official prior to beginning any actual repair
work. The fee shall be as that established by the city in
accordance with current fee schedules.
(3) A permit will be issued to the foundation repair contractor,
upon approval by the building official of documents (in three
(3) copies) submitted by the contractor containing the
following information, and payment.of the scheduled fee:
a. A drawing of the complete building foundation plan,
indicating the location of the foundation failure and the
proposed corrective work.
b. A detailed description of the proposed corrective
work.
C. A copy of the proposal to the property owner with the
..owner's signature indicating acceptance.
d. A copy of the submittal documents, bearing the
approval of the building official, shall be maintained at
the job site for review by the city building inspector.
e, Prior to the placement of any concrete, the contractor
shall arrange for a job site inspection by the building
inspector.
(b) Minimum standards--Reinforced concrete foundation.
(1) Holes in earth for foundation piers and footings must be free
of standing water, loose dirt, or other deleterious matter,
prior to placement of concrete.
(2) Each drilled shaft/(footing) must have as a minimum an
eighteen inch diameter shaft, or a 12-inch diameter shaft
with an eighteen inch diameter footing. In lieu of these
minimum size footings, an engineered design for this
particular project may be substituted. Engineered design
repair work shall be documented by drawings and
specifications bearing the seal and signature of a current
Texas-registered professional engineer.
(3) Minimum sized shafts/(footings) shall have a maximum
spacing of eight (8) feet for single story and six (6) feet for
two-story structures. A minimum of two (2) footing diameters
clearance shall be maintained between footings.
(4) Shafts/footings shall be founded at a minimum depth of eight
(8) inches and bearing on a firm soil of constant moisture
content.
(5). Each footing/shaft will have a maximum angle of fifteen (15)
degrees from vertical.
(6) Each shaft will contain a minimum of three (3) #5-A36
reinforcing bars for the full depth of the shaft.
(7) Each shaft (footing) must have a minimum of five (5) days
concrete .(min. 2,500 psi at 28 days) curing time before
imposing jacking loads.
(8) A solid concrete block or poured in place concrete (min.
2,500 psi at 28 days) must.be used to transfer the building
load to the footing after jacking.
(9) Minimum size (3"X 6"x 1/4") steel shims set in two (2) rows,
a maximum of three (3) inches high, may be used to transfer
the load to the solid concrete blocks.
(10) Backfill.of the excavation may consist of excavated material
or low p.i. (10-20) clay compacted to existing adjacent
conditions. Sand backfill will not be permitted except for the
top six (6) inches which may be used to level the grade.
(c) Minimum standards--Houses on piers.
(1) Minimum size concrete footing pads shall be 16"X 16" X 4"
solid concrete with solid concrete block piers.
(2) Maximum height of shims shall be one and one-half (1 1/2)
inches, and shim width must equal the width of sill.
Exception: Shims on existing masonry piers may have a
maximum height of three (3) inches.
(3) All new wood sills must be treated wood, half-lap spliced and
properly nailed with two (2) treated wood splice plates. All
joints must be supported by a pier with pad footing.
Section 3408 is amended to read as follows:
Section 3408.
A. It shall be unlawful to move a building or part of a building through
or across any sidewalk, street, alley or highway within the city if the
building or part of a building was designed for residential purposes
and is to be placed on a lot in the city for residential purposes
without obtaining a residential moving permit from the building
official. A building or part of a building to be used for other than
residential purposes may not be moved through or across any
sidewalk, street or alley within the city without first obtaining a
moving permit from the building official. The application for a
residential moving permit shall be accompanied by applications for
all necessary permits required to bring these houses, buildings or
structures into compliance with the applicable building codes.
Included with the building permit application shall be a complete set
of plans showing the changes, if any, of the structure after all
contemplated improvements.
B. A residential moving permit may be obtained from the building
official if the residential structure, prior to being moved, meets the
following criteria:
1. The structure must be located in the city.
2. The appraised value of the structure, as set by the Jefferson
County appraisal district, must be a minimum of fifty (50)
percent of the average appraised value of all residential
structures on lots or tracts within four hundred feet of the
property line of the lot or tracts upon which the structure to
be moved will be placed.
3. The application for a residential moving permit must be
accompanied by an application for all necessary permits
required to bring the structure into compliance with all
applicable codes. Included with the building permit
application shall be a complete set of plans showing the
changes, if any, of the structure after all contemplated
improvements.
C. The building official, as a condition precedent to the issuance of a
residential moving permit, shall require a bond or cashier's check in
the amount of five thousand dollars ($5,000.00). Such bond or
cashier's check shall be made payable to the City of Beaumont and
shall be conditioned upon strict compliance with the terms of this
ordinance.
1. The structure will be brought into compliance with all
applicable codes and connected to water, sewer, electricity
and gas if applicable ("utilities") within ninety calendar days
after relocation to the new site. Failure to connect the
structure to utilities may result in forfeiture of the required
security and demolition of the structure. If the security is
forfeited for any reason, the city is hereby authorized to
demolish the structure and clear the lot. By signing an
application for a residential moving permit, the owner or
agent for the owner agrees that the structure may be
demolished by the city if it, becomes,necessary to forfeit the
security required by this ordinance.
2. Failure or refusal to timely perform any one or more of the
requirements of this ordinance may result in the forfeiture of
the required security.
D. Appeals from the denial of a residential moving permit or a decision
to forfeit the required security by the building official shall be made
in writing to the zoning board of adjustment within ten days after the
denial of such permit. The zoning board of.adjustment may reverse
the decision of the building official if the board of adjustment finds
by the concurrence of four (4) members of the board that the
structure meets the requirements set out herein for issuance of a
residential building permit.
E. Extensions of time as deemed reasonable may be granted by the
building official upon a showing of delay caused by matters beyond
the control of the owner or house mover. One thirty-day extension
may be granted by the building official.
Section 4.
That Chapter 6, Article III, Division 1, Section 6-29 .be and the same is
(hereby amended by adding and amending the following definitions to read as
follows:
Sec. 6-29.* Definitions.
Board of Adjustment within this Article III shall refer to the City Zoning
Board of Adjustment.
Variance is a grant of relief to a person from the requirement of this article
when specific enforcement would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner otherwise prohibited
by this article. (For full requirements see 44 CFR section 60.6 of the National
Flood Insurance Program regulations.)
Violation means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure
or other development without the elevation certificate, other certifications, or
other evidence of compliance required in 44 CRF section 60.3(b)(5), (c)(4),
(c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such
time as that documentation is provided.
Section 5.
That Chapter 6, Article IV, Division 1, Section 6-51 be and the same is
hereby amended to read as follows:
Sec. 6-51. Definitions.
As used in this code the following definitions shall apply:
Approved or approval. Approved by the electrical inspector. National,
;sate, and city standards shall be the basis of such approval.
Conductor A wire or cable or other form of metal suitable for.carrying
electrical current or potential.
Electrical construction: All work and material used in installing,
maintaining, or extending a system of electrical wiring, and all appurtenances,
apparatus, and equipment used in connection therewith, inside of or attached to
any building or structure, lot, or premises.
Electrical contractor. Any person or firm engaged in the business of
providing and selling electrical services. He shall have a permanently established
place of business with a published telephone number. He shall hold an electrical
contractors certificate or shall employ an individual who does and carry him on
his active payroll. A master electrician may not qualify more than one contractor.
He shall be available to the inspection authority to answer any questions relating
to electrical work coming under the jurisdiction of this electrical inspection
authority.
Equipment: Conductors, materials, fittings, devices, appliances, fixtures,
signs, apparatus, motors, 'and the like, used as a part.of or in connection with any
electrical installation.
Journeyman electrician: Any person who is employed by a person (who is
by training, experience, and education competent to lay out, design and install a
system of wiring for light, heat or power to conform to the .National Electrical
Code) to do electrical work for wages and who does not furnish any materials or
supplies in the performance of his work and holds a Journeyman electrician
license.
Joumeyman sign erector. Any person who is employed by a master sign
electrician to install signs for wages and who does not furnish any materials and
supplies in the performance of his work and holds a journeyman sign electrician
Ilicense.
Maintenance and repair. The act of keeping in a state of safe operating
condition any conductor or piece of equipment used inside or outside, attached
or connected to any building electrical system, by replacement of units or
elements thereof, but shall not include extensions of or additions to an existing
system or branch thereof.
Maintenance electrician: An electrician. regularly employed on a
permanent basis by any person and who performs work only in the confines of
the building or in or on the premises where he is regularly employed on a
permanent basis, and who does maintenance work as defined in the paragraph
"maintenance and repair" and holds a maintenance electrician license.
Master electrician: Any person who is, by training, experience, and
education, competent to lay out, design, and install a system of wiring for light,
heat, or power, and holds a master electrician license.
Master sign electrician: Any person who is engaged in the business of
manufacturing and/or installing electric signs and holds a master sign electrician
license.
Outside electrical work. The installing, maintaining, altering, repairing, or
erecting of any electrical wiring, apparatus, devices, appliances, fixtures, or
equipment located outside of and separate from buildings and on poles, towers,
�or other structures designed or constructed to be used exclusively for the support
of such electrical wiring, apparatus, devices, appliances, fixtures, or equipment
for which a permit is required under the terms of this code, except that overhead
conductors may be attached to buildings.
Section 6.
That Chapter 6, Article IV, Division 1, Section 6-60 be and the same is
hereby repealed.
Section 7.
That Chapter 6, Article IV, Division 3, Section 6-80 be and the same is
hereby amended by repealing Subsections 6-80(a) and (b) and adding new
language to read as follows:
See. 6-80. Registration required; false representations of registration.
A person or business may not perform or offer to perform electrical work unless
the person or business holds an appropriate license issued by the Texas
Department of Licensing and Regulation.
Section 8.
That Chapter 6, Article IV, Division 3, Sections 6-81 through 6-90 be and
the same are hereby repealed.
Section 9.
That Chapter 6, Article IV, Division 4, be and the same is hereby amended
by repealing Subsections 6-100(b) and (c), amending Subsection 100(a) and
renumbering to read as follows:
Sec. 6-100. Required; to whom issued; exemption.
(a) Permits shall be issued to electrical contractors qualified to secure
permits, as set forth in this code, or to their duly authorized agent.
Electrical contractors shall certify their duly authorized agent to the chief
electrical inspector in the form of an affidavit stating that such electrical
contractor assumes all and full responsibility for any permit taken out or
applied for by such agent. This certification shall be kept in the chief
electrical inspector's file after it has been approved by the city attorney on
file in the office of the Building Official.
.(b) Nothing in this code shall be construed to prevent a person from doing
electrical work himself on his own residence which is owned and occupied
by him as such, so long as he complies with all of the other provisions of
this code. This exception shall be construed to mean an individual owner
(not firm, co-partnership, or corporation who actually does the labor
himself). This individual owner shall be present'at the time of any electrical
inspection.
Section 10.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 12.
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
BBeaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the
20th day of February, 2007.
- Mayor Guy N. Goodson -
2
February 20,2007
Consider approving a contract for water leak detection services
t17LJJ1-
City Council Agenda Item
� c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 13, 2007
REQUESTED ACTION: Council consider a contract for water leak detection services.
RECOMMENDATION
Administration recommends the award of a contract for water leak detection services to ADS
Environmental Services of Huntsville, Alabama in the estimated amount of$232,238.
BACKGROUND
The Texas Water Development Board (TWDB)requires water conservation measures throughout
the State. In compliance with these requirements, the City's Water Production Division performs
audits annually that compare the volume of water produced with the volume of water sold.
Diiscrepancies have been found between these amounts in recent audits resulting in the loss of
potential revenue. The City hired Water Company of America two years ago to investigate the
possibility of water theft.There were no major theft detections found.While the Water Utilities staff
has eliminated the known water leaks, the discrepancy between water produced and water sold
remains high. This indicates that the water distribution system contains leaks that have yet to be
detected.
Administration has determined the best way to find leaks citywide is to hire an independent company
experienced in leak detection to survey the City. The cost to have the survey performed can
potentially be recovered by reducing the operating costs incurred during the production of potable
water such as electricity and chemicals while at the same time increasing the volume of water
available for sale. The capture of leaks also achieves the TWDB statewide water conservation
objectives.
Bids were solicited for conducting a leak detection survey on approximately 825 linear miles of the
City's water distribution system.The Contractor will be required to inspect every foot of pipe in the
Leak Detection Services
February 13,2007
Page 2
distribution system and each individual water service connection,as well as distribution valves,fire
hydrants,flush valves,air release valves,and all exposed sections of the water system with acoustic
leak surveyor equipment to ensure a thorough survey of the water system. When a leak is found,the
Contractor will mark the asphalt or concrete and call the Water Utilities' Dispatch line to report the
location of the leak within two(2)hours. The City will be responsible for making repairs. If a leak
is detected on a private property owner's side of a water service connection, the Contractor will
notify the customer.
The City expects the project to be completed in twelve (12)to twenty-four(24)months.
The following bids were received:
Vendor Price per Linear Mile Total Water Distribution System
Approx. 825 Miles
ADS Environmental Services $281.50 $232,238
Huntsville, AL
Wachs Utility Services $289.00 $238,425
Lincolnshire, IL
Samco Leak Detection $375.00 $309,375
Austin, TX
BUDGETARY IMPACT
Fluids are available in the Water Utilities Improvement Fund for the estimated cost of$232,238.
RESOLUTION NO.
WHEREAS, bids were received for a contract for water leak detection services on
approximately 825 linear miles of the City of Beaumont's water distribution system; and,
WHEREAS, ADS Environmental Services, Huntsville, Alabama, submitted a bid in
the amount of$232,238; and,
WHEREAS, City Council is of the opinion that the bid submitted by ADS
Environmental Services, Huntsville, Alabama, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THATthe bid submitted byADS Environmental Services, Huntsville,Alabama,fora contract
for water leak detection services on approximately 825 linear miles of the City of
Beaumont's water distribution system in the amount of$232,238 be accepted by the City
of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
3
February 20,2007
Consider amending General Election Ordinance No. 07-016 to provide for a ballot proposition
authorizing the sale of three vacant surplus park properties
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 15, 2007
REQUESTED ACTION: Council consider adoption of an ordinance amending General
Election Ordinance No. 07-016 to provide for a ballot
proposition authorizing the sale of three vacant surplus park
properties.
RIECOMMENDATION
Administration recommends adoption of an ordinance amending the City's General Election
Ordinance to provide for a ballot proposition authorizing the sale of three vacant surplus park
properties.
BACKGROUND
Al the Council workshop held January 30, 2007, staff provided information concerning the sale of
three vacant park properties. These vacant park properties include Hebert Park located at 2310
Smart Street, Maple/Oakland Park located at 1415 Maple and Pipkin Park located at 1350
Pennsylvania. These former park properties are non functional and have been replaced with other
neighborhood parks.
Hebert Park is a one acre tract zoned both Residential and Light Industrial. The north half of the
property is zoned Residential. The property was obtained in 1866 and dedicated for park use in
1918. All park equipment was removed from this site during the past ten years. In close proximity
to Hebert Park is McLean Park located at 2255 Pecos in Ward I.
Maple/Oakland Park, a .23 acre tract, is zoned Light Industrial. The property was obtained at a
Sheriff's sale in 1967 and dedicated as a park in 1971. New parks in Ward III located near
Maple/Oakland include Babe Zaharias, Magnolia, Cottonwood and Pine Street Parks.
Sale of Surplus Park Properties
February 15, 2007
Page 2
The two acre tract of Pipkin Park is zoned Commercial Manufacturing. The property is part of a five
acre tract purchased in 1918. This section of Pipkin Park was separated by the construction of
Pennsylvania Avenue in 1971 from the main park site that includes Temple of the Brave. The park
had playground equipment but as the area became more commercial,the park became less utilized
and all playground equipment was removed. Charlton-Pollard Park is the most recent neighborhood
park developed in the area. Pipkin Park is located in Ward III.
Prior to the sale of the properties,a zoning study will be conducted to determine the proper zoning
for each area. In addition,an appraisal of each parcel will be conducted. If approved by the voters,
the park properties will be sold by the competitive bid process setting the minimum bid at the
appraised value. As per State statute, proceeds will be used for park improvements.
BUDGETARY IMPACT
Prc)perties will be appraised and the minimum bid set at the appraised value.
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING 07-106, GENERAL
ELECTION ORDINANCE,TO ADD A BALLOT PROPOSITION
AUTHORIZING THE SALE OF THREE VACANT SURPLUS
PARK PROPERTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL AND PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Ordinance No. 07-106, Section 3, is hereby amended to add a ballot proposition
authorizing the sale of three vacant surplus park properties to read as follows:
Section 3.
b) Single ballot forms shall be used which shall contain the Mayor, four(4)Ward
Councilmembers and two (2) Councilmembers-At-Large, two (2) Beaumont
Independent School District Trustee positions, two (2) Port of Beaumont
Commissioners and the sale of Hebert Park, Maple/Oakland Park and a
portion of Pipkin Park
Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
appllication of same to a particular set of persons or circumstances should for any reason
be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance,
and to such end the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
All ordinances or part of ordinances in conflict herewith are repealed to the extent of
the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon conviction,
be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -
4
February 20,2007
Consider approving a financing agreement for a compactor at the landfill
J.. City Council Agenda Item
A K,
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant
MEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 14, 2007
REQUESTED ACTION: Council approval of a bid for a financing agreement.
RECOMMENDATION
Administration recommends award of a bid for a five (5) year financing agreement with a fixed
interest rate of 4.24% to Chase Equipment Leasing of Columbus, Ohio for the purchase of one
(1) Caterpillar 826H Compactor.
BACKGROUND
Two compactors are used at the landfill to compact refuse in order to maximize landfill space. On
August 25, 2006, one (1) 2002 Caterpillar was destroyed by fire while in service. The purchase of
a new compactor to replace the burned unit was approved by Council on September 15,2006,with
Resolution No. 06-288.
Five (5) bids were received for a fixed interest rate financing agreement. The total cost of the
compactor including financing costs will be $602,355. The compactor is expected to be delivered
in mid-March.
Bids were requested for a fixed interest rate to finance the total cost for five(5) years with the first
annual payment in arrears.
The five (5) bids received are as follow:
Financing Agreement
February 9, 2007
Page 2
Financial Institution Location Interest Rate
Chase Equipment Leasing Colombus, OH. 4.24%
Wells Fargo Brokerage Houston, TX 4.34%
Baystone Financial Group Manhattan, KS 4.49%
Wachovia Wayne, PA 4.63%
Lehigh Capital Access Allentown, PA 5.95%
BUDGETARY IMPACT
An amortization schedule indicating the cost of the financing agreement is as follows:
Payment No. Payment Amount Interest Principal Purchase Option
1 $120,471.07 $22,587.28 $97,883.79 $ 452,228.62
2 120,471.07 18,437.01 102,034.06 342,785.18
3 120,471.07 14,110.77 106,360.30 230,969.67
4 120,471.07 9,601.09 110,869.98 116,726.58
5 120,471.07 4,900.20 115,570.87 -0-
TOTAL $602,355.35 $69,636.35 $532,719.00
Financing the total amount of$532,719 through a lease purchase agreement will result in a net
cost of$69,636.36.
The first annual payment of $120,471.07 will be due one (1) year after execution of the
agreement.
INTER—OFFICE MEMORANDUM
City of Beaumont, Texas
� c
Date: February 14, 2007
To: Kyle Hayes, City Manager
From: Max S. Duplant, Chief Financial Officer
Subject: Lease Purchase Financing
COMMENTS
The City has approved the purchase of Caterpillar 826H Compactor for the landfill costing
$532,719 for which lease purchase financing is available. The lowest quoted interest rate is a
fixed rate of 4.24% for 5 Years in arrears which was received from Chase Equipment Leasing
to finance the purchase of the equipment.
If the City invested the purchase price at our current yield we would earn $85,922 over the five
year period. The cost of interest to finance the purchase of the equipment is projected at
$69,636. By financing the equipment, a savings of$16,286 results.
Cost of Financing Savings from financing
(Interest expense) equipment through Lease
Purchase
$69,636 $85,922
It is my recommendation that we finance with Chase Equipment Leasing, which would allow us
the flexibility of keeping adequate cash balances while resulting in a projected savings of
$16,286 on the purchase of the long term fixed asset.
RESOLUTION NO.
WHEREAS, bidswere received for afixed rate financing agreement for the purchase
of one (1) Caterpillar 826H Compactor for use at the Landfill; and,
WHEREAS, Chase Equipment Leasing, Columbus, Ohio, submitted a bid for a five
(5) year financing agreement with a fixed rate of 4.24%; and,
WHEREAS, City Council is of the opinion that the bid submitted by Chase Equipment
Leasing, Columbus, Ohio, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Chase Equipment Leasing, Columbus, Ohio, for a five (5) year
financing agreement with a fixed rate of 4.24% for a total amount of $602,355.35 for the
purchase of one (1) Caterpillar 826H Compactor for use at the Landfill be accepted by the
City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
Mayor Guy N. Goodson -
5
February 20, 2007
Consider authorizing the City Manager to execute an Emergency Work Order for the Sanitary
Sewer Rehabilitation of Small Diameter Mains-Tangledahl Project
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Dr. Hani J. Tohme, Water Utilities Director
NFEETING DATE: February 20, 2007
AGENDA MEMO DATE: February 14, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager
to execute an Emergency Work Order for the Sanitary Sewer
Rehabilitation of Small Diameter Mains-Tangeedahl Project.
RECOMMENDATION
Administration recommends approval of an Emergency Work Order with PM Construction and
Rehab, LP of Houston, Texas in the amount of$91,501 for the Sanitary Sewer Rehabilitation of
Small Diameter Mains-Tangledahl Project.The emergency work order rehabilitated 1276 linear feet
of 10-inch and 245 linear feet of 6-inch sanitary sewer lines, removed and replaced eight manholes,
installed one end of line clean out and replaced 23 service connections.
BACKGROUND
The sanitary sewer line on Tagledahl serves 23 residences that are directly tied to it and 3 5 residences
on Bicentennial Place,Bicentennial Lane, Fang Circle, and Belvedere Drive. In the past 4 years the
Water Utilities Maintenance Section has responded to 40 calls concerning the 1521 linear feet of
sanitary sewer pipe and related services.Investigation of the sewer pipe indicated collapses at several
locations of which some were due to Hurricane Rita, manhole failures and broken service taps that
were resulting in storm water infiltration into the sewer system, sewer back-ups into residences,
overflows in the alleys and sanitary sewer service interruptions,jeopardizing public health and safety.
Patching the problem could no longer protect public health from diseases such as typhoid and cholera.
The service interruptions could have extended for several days if immediate rehabilitation,that could
not be accomplished by City forces, was delayed. Since the line was connected to a main on the
Howell/Yount Project,City staff contacted the U.S.EPA and received a verbal approval committing
to paying 55 percent of the submitted cost.The U.S.EPA approval is now official and a pay request
is being processed. The cost to the City on this Emergency Work Order is$41,175.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Emergency Work
Order with PM Construction and Rehab, LP, Houston, Texas, in the amount of$91,501 for
the Sanitary Sewer Rehabilitation of Small Diameter Mains - Tangledahl Project.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 20th day of
February, 2007.
- Mayor Guy N. Goodson -