HomeMy WebLinkAboutPACKET MAR 6 2007 City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 6, 2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
A) Approve Change Order No. 20 for the Julie Rogers Theatre renovation
B) Authorize the City Manager to adopt the ICMA Retirement Corporation's(ICMA-RC)
amended 457 Deferred Compensation Plan Document
C) Approve a resolution requesting new signatories for the Workers Compensation Claims
Account at Capital One Bank
D) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Kingswood Place Subdivision, Section One
E) Approve a resolution accepting maintenance of the street, storm sewer, water and sanitary
sewer improvements in Pointe' Park
A
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council approval of Change Order No. 20 for the Julie
Rogers Theatre renovation.
RECOMMENDATION
Approval of Change Order No. 20 for furnishing and installing new front entry doors at the Julie
Rogers Theatre in the amount of$29,925 to Bruce's General Construction.
BACKGROUND
Front exterior entry doors were not scheduled to be replaced in the original contract. Currently,
there are three sets of aluminum framed store front entry doors. These doors are worn and do not
close properly nor do they match the architecture of the building.
It is proposed that the doors be replaced with nine foot colonial style doors, thus duplicating the
original doors from the 1927 design. The new aluminum doors will have a baked enamel finish in
a color to coordinate with the building's limestone finish. The doors include new panic hardware,
exterior hardware and removable mullions.
Contract totals to date are as follow:
Base Bid $1,845,000.00 Percentage Change
Change Order No. 1-19 $288,164.11
Change Order No. 20 $ 29,925.00 <2%
Total to Date $2,163,089.11 17.2%
Renovations to the Julie Rogers Theatre
February 28, 2007
Page 2
BUDGETARYIMPACT
Funding will be provided by the Capital Programs Fund.
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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 forthe 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, 2nd floor concession area, and 1"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.
I
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 2"d 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 '/2 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 LaBiche 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
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 1st 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, j
WHEREAS, Change Order Nos. 16 - 18 were required as shown below:
Change Order No. 16 in an amount of($16,366.65) include:
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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 2"d floor corridor lighting from the
control room. Allows staff to remotely flash lights to signify end of intermission;
and,
WHEREAS, Change Order No. 19 in the amount of $7,688.10 was executed on
February 21, 2007 for thirteen (13) new slab doors & four (4) new double units including
jambs, & installation of new doors and frames; and,
WHEREAS, Change Order No. 20 is required to install new front entry doors in the
amount of$29,925 thereby increasing the contract to $2,163,089.11.
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.20 in the amount of$29,925 thereby increasing the contract amount to $2,163,089.11.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
n City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Finance Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 20, 2007
REQUESTED ACTION: Council approval of a resolution authorizing the City Manager to
adopt ICMA Retirement Corporation's (ICMA-RC) amended 457
Deferred Compensation Plan Document.
RECOMMENDATION
Administration recommends the City Manager be authorized to adopt the above named 457 Deferred
Compensation Plan Document.
BACKGROUND
The City of Beaumont offers to employees the option to save for retirement by contributing to
ICMA RC's 457 plan. To offer additional plan flexibility, ICMA-RC has amended the 457 Deferred
Compensation Plan Document. Among the changes included in the amended plan document is a
change clarifying the timing requirements in place for deferrals of accumulated pay upon an
employee's separation from service, added language to protect employees who serve in the military,
and the option of offering in-service distributions to eligible participants.
With the adoption of the amended plan, employees may defer compensation from their final pay
following termination of employment. The Plan may permit employees to defer compensation,
including sick, vacation, and personal leave so long as the agreement to defer such amounts are
entered into prior to the first day of the month in which the amounts otherwise would be paid or made
available in the employee's 457 account. Another provision of the plan amendment will allow an
employee who is on leave of absence for qualified military service to contribute additional amounts
to the 457 deferred compensation plan upon resuming employment.The first optional plan provision
allows the City to offer in-service distributions for actively employed age 70'/2 or older participants
who wish to withdraw all or any portion of their balance at any time. The other optional provision
allows participants who have assets in their account attributable to rollover contributions (money
rolled in from an eligible retirement plan)to elect to receive a distribution of all or any portion of the
rollover assets at any time. The optional provisions provide increased withdrawal options to
employers and their employees.
BUDGETARYIMPACT
None.
ATTACHMENT A
OVERVIEW OF THE 451 DEFERRED COMPENSATION
PLAN DOCUMENT CHANGES
As your 457 deferred compensation plan provider, ICMA-RC will take care of most additional administrative tasks associated with the plan
document changes.Your Client Services Team is available at 1-800-326-7272 to answer any questions you may have.
R � Y
1.Deferral of Timing requirements Pursuant to proposed IRS regulations Section 5.03 To clarify the timing Employers should
Sick„ Vacation and required a participant issued under Section 415 of the Code, requirements in familiarize themselves
Back Pay(Timing to be an employee the Plan may permit deferrals from place for deferrals with the new timing
Requirements) in the month that compensation,including sick,vacation and of accumulated pay requirements.
the election to defer back pay,so long as the amounts are paid upon an employee's
accumulated sick, within 2'/2 months following severance separation from
vacation and back from employment and the other service.
pay was made.This requirements of Sections 457(b)and 415
was modified by of the Code are met.Additionally,the
the proposed IRS agreement to defer such amounts must be
regulations(explained entered into prior to the first day of the
in the"New Document month in which the amounts otherwise
Change"column to the would be paid or made available.
right).
2.Protection of Not available(provision An employee whose employment is Section 5.06 Added language Employers should be aware
Person Who Serves was made available interrupted by qualified military service to the document of this legislative change
in a Uniformed when the final USERRA or who is on leave of absence for to comply with and the potential impact on
Service regulations were issued qualified military service may elect to amended USERRA employees who are serving
on December 19, contribute additional amounts to the regulations issued in the military.
2005.) 457 deferred compensation plan upon on December 19,
resuming employment.The employee 2005.
may contribute an additional amount
equal to what he/she could have elected
to defer during the period of military
service had employment continued
without interruption or leave,reduced
by any deferred compensation actually
made by the employee during the period
of interruption or leave.This right applies
for five years following the resumption
of employment(or for a period equal to
three times the period of the interruption
or leave,if sooner). ent
3.In-Service Not available. Added the ability for the employer to offer Section 7.09 withdrawal increased
lcrease options p.6 Complete Attac
nhmw sh lo
Distributions—Age on
in-service distributions for participants
Distributions 70'/2 or older.This provision is to employers and offer in-service distributions
70 Y2 offered b default.If you do not their employees. to participants who are age
y y 70'/z or older.
wish to offer this option,you will
need to indicate"No"in Section
111.1 of Attachment D(p.6).
4.In-Service Not available. Added the ability for the employer to Section 7.08 Provides increased Complete Attachment D on
Distributions offer in-service distributions for rolled- withdrawal options p.6 if you wish to offer
—Rollover Assets in amounts.This provision is not to employers and in-service distributions of
their employees. rollover assets.
offered by default.If you wish to
offer this option,you will need to
indicate"Yes"in Section 111.2 of
Attachment D(p.6)
ATTACHMENT D
STATEMENT OF INTENT TO AMEND A
GOVERNMENTAL DEFERRED COMPENSATION PLAN
Page 1 (of 2)
Plan Number: 3 c in 7 �', Q
Name of Employer: L t��� � L� �tC State: S
I. Employer Intention(Select one):
dThe employer is amending the ICMA-RC model 457 deferred compensation plan document provisions indicated below.
❑ The employer is amending an individually designed plan document to include the provisions indicated below.
II. Employer Instructions Regarding Plan Administration(Select one):
The employer instructs ICMA-RC to administer this plan in accordance with this Statement of Intent.
❑ The employer instructs ICMA-RC to administer this plan as if the employer is adopting ICMA-RC's amended model plan tic::.1 1 f[lit
If neither alternative is checked,ICMA-RC will administer your plan as if you are using ICMA-RC's amended model plan docum n i'to
III. Please indicate the optional provisions that you would like to add to your 457 deferred compensation plan.See Attachment A
amended model plan document provisions related to these options.
1) Age 70-1/2 in-service distributions are permitted under the Plan.
U Yes (default selection) ❑ No
2) In-service distributions of Rollover Assets are permitted under the Plan.
Yes ❑ No(default selection)
6
RESOLUTION NO.
WHEREAS,The City of Beaumont, hereinafter referred to as"City," has employees
rendering valuable services; and,
WHEREAS, the City has established a deferred compensation plan for such
employees that serves the interest of the City by enabling it to provide reasonable
retirement security for its employees, by providing flexibility in its personnel management
system, and by assisting in the attraction and retention of competent personnel; and,
WHEREAS, the City has determined that the continuance of the deferred
compensation plan will serve these objectives;
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NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the City hereby amends and restates the deferred compensation plan, hereinafter
referred to as "Plan," in the form of the ICMA Retirement Corporation Deferred
Compensation Plan and Trust.
BE IT FURTHER RESOLVED that the assets of the Plan shall be held in trust with
the City serving as trustee, hereinafter referred to as"Trustee,"for the exclusive benefit of
Plan participants and their beneficiaries, and the assets shall not be diverted to any other
purpose. The Trustee's beneficial ownership of Plan assets held in VantageTrust shall be
held for the further exclusive benefit of the Plan participants and their beneficiaries.
BE IT FURTHER RESOLVED that the City hereby agrees to serve as Trustee under
the Plan.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
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City Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 27, 2007
REQUESTED ACTION: Council consider a resolution requesting new signatories for
the Workers Compensation Claims Account at Capital One
Bank.
RECOMMENDATION
The administration requests approval of Kathy Hile, Wanda Browning, Kathy Barthelemy, Nancy
Hopkins and Leslie Himes(AS&G employees) and Kyle Hayes,Max S. Duplant and Kandy Daniel
(City employees)as authorized signatories on the above listed account. Signatories on all other City
of Beaumont accounts for banking or investment purposes shall remain unchanged.
BACKGROUND
AS&G Claims Administration, Inc is the administrator for the City's workers' compensation claims.
Claims are paid from the City of Beaumont Workers Compensation Claims Account which is set up
at Capital One Bank. Both AS&G employees and City employees are authorized to sign on the
account. AS&G employees, Joyce Miller and Jillian McKenzie have been removed and Kathy
Barthelemy and Nancy Hopkins have been added as signatories. City Council previously approved
AS&G signatories for the City's workers compensation claims account on December 13, 2005.
BUDGETARY IMPACT
None.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the following as authorized signatories on the
Workers Compensation Claims Account Number 3620022658 at Capital One Bank:
AS& G Employees City of Beaumont Employees
Kathy Hile Kyle Hayes
Wanda Browning Max S. Duplant
Kathy Barthelemy Kandy Daniel
Nancy Hopkins
Leslie Himes
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
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City of Beaumont
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Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 21, 2007
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer, water and sanitary sewer improvements in Kingswood
Place Subdivision, Section One.
RECOMMENDATION
Administration recommends approval of the following:
• Kingswood Drive approximately 618 linear feet east from Garner Road
to the 3-OM-4P end of roadway markers.
• Brittni Court approximately 371 linear feet south from proposed Kingswood
Drive to and including the cul-de-sac.
• Curtis Court approximately 371 linear feet south from proposed Kingswood
Drive to and including the cul-de-sac.
Also, recommended for approval are the water and sanitary improvements for Lots 1-28, Block 1,
and Lots 1-10, Block 2.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on February 13, 2007.
BUDGETARY IMPACT
None.
EngKingswoodAgenda.wpd
Febniuy 21,2007
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KINGSWOOD PLACE
SUBDIVISION
SECTION ONE
RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in the Kingswood Place Subdivision, Section One, have been
completed as follows:
Street and Storm Sewer Improvements
• Kingswood Drive approximately 618 linear feet east from Garner
Road to the 3-OM-4P end of roadway markers.
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• Brittni Court approximately 371 linear feet south from proposed
Kingswood Drive to and including the cul-de-sac.
• Curtis Court approximately 371 linear feet south from proposed
Kingswood Drive to and including the cul-de-sac.
Water and Sanitary Sewer Improvements:
• Lots 1-28, Block 1
• Lots 1-10, Block 2.
WHEREAS, the developers desire to have these improvements accepted and
maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department
recommends that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in the Kingswood Place Subdivision, Section One, with the exception of streetlights, are
hereby accepted by the City of Beaumont and shall be continuously maintained by the City
contingent upon filing of the final plat, complete with filings of dedication of all rights-of-way
and easements required on the preliminary and final plats and installation of the
streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
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tiCity of Beaumont
79171 Council Agenda Item
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TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 21, 2007
REQUESTED ACTION: Council consider a resolution accepting maintenance of the street,
storm sewer,water and sanitary sewer improvements in Pointe' Park.
RECOMMENDATION
Administration recommends approval of the following:
• Pointe' Park Drive approximately 965 linear feet west from Pointe Parkway
Road to the 3-OM-4P end of roadway markers.
• East Pointe' Drive(Private Street) approximately 296 linear feet south from
proposed Pointe' Park Drive to the proposed private alley.
• Center Pointe' Drive (Private Street) approximately 472 linear feet south
from proposed Pointe' Park Drive to the proposed private alley.
• West Pointe' Drive (Private Street) approximately 296 linear feet south
from proposed Pointe' Park Drive to the proposed private alley.
• Private Alley approximately 428 linear feet west of East Pointe' Drive
(Private Street) to proposed West Pointe' Drive (Private Street).
Also, recommended for approval are the water and sanitary improvements for Lots 1-8, Block 1;
Lots 1-10, Block 2; Lots 1-10 Block 3; Lots 1-5 Block 4 and Lots 1-21, Block 5.
BACKGROUND
The aforementioned improvements in the subdivision passed final inspection from all entities
involved on February 20, 2007.
BUDGETARY IMPACT
None.
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February 21,2007
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RESOLUTION NO.
WHEREAS, construction of the street, storm sewer, water and sanitary sewer
improvements constructed in Pointe' Park have been completed as follows:
Street and Storm Sewer Improvements
• Pointe' Park Drive approximately 965 linear feet west from Pointe
Parkway Road to the 3-OM-4P end of roadway markers.
• East Pointe' Drive(Private Street)approximately 296 linearfeet south
from proposed Pointe' Park Drive to the proposed private alley.
• Center Pointe' Drive (Private Street) approximately 472 linear feet
south from proposed Pointe' Park Drive to the proposed private alley.
• West Pointe' Drive (Private Street) approximately 296 linear feet
south from proposed Pointe' Park Drive to the proposed private
alley.
• Private Alley approximately 428 linear feet west of East Pointe' Drive
(Private Street) to proposed West Pointe' Drive (Private Street).
Water and Sanitary Sewer Improvements:
• Lots 1-8, Block 1
• Lots 1-10, Block 2
• Lots 1-10 Block 3
• Lots 1-5 Block 4
•
Lots 1-21 Block 5
WHEREAS, the developers desire to have these improvements accepted and
maintained by the City; and,
WHEREAS, the director of the Public Works and Engineering Department
recommends that said improvements meet city standards and qualify for acceptance for
permanent maintenance, and the City Council is of the opinion that said improvements
should be accepted and maintained by the City of Beaumont;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the above-referenced street, storm sewer, water and sanitary sewer improvements
in Pointe' Park with the exception of streetlights, are hereby accepted by the City of
Beaumont and shall be continuously maintained by the City contingent upon filing of the
final plat, complete with filings of dedication of all rights-of-way and easements required
on the preliminary and final plats and installation of the streetlights.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
W~
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS MARCH 6,2007 1:30 P.M.
AGENDA
CALL TO ORDER
* Invocation Pledge Roll Call
* Presentations and Recognition
* Public Comment: Persons may speak on scheduled agenda items 1-9/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider approving amendments to Chapter 7 of the Code of Ordinances
2. Consider approving amendments to Chapter 10 of the Code of Ordinances
3. Consider rescinding Ordinance No. 07-009, Ordinance No. 07-015, Ordinance No.
07-016 and Ordinance No. 07-018 and provide a new Ordinance calling the
General Election for May 12, 2007 to elect a Mayor, two(2)Councilmembers-At-
Large, one(1) Councilmember each for Ward I, Ward II, Ward III and Ward IV
4. Consider approving the purchase of law enforcement digital emergency radio
equipment
5. Consider approving the purchase of a 2,000 gallon water truck for use at the
Landfill
6. Consider approving the purchase of playground equipment for Halbouty Park
7. Consider approving a request to abandon a portion of Hospital Drive
8. Consider approving a request to abandon a portion of Iowa Avenue between
Cheek Street and Cunningham
9. Consider approving a request to abandon a portion of Main and Blanchette rights-
of-way
10. PUBLIC HEARING: Receive comments on the Preliminary 2007 HUD
Consolidated Grant Program Budget
WORKSESSION: Discuss the Preliminary 2007 HUD Consolidated Grant
Program Budget
Consider approving the Preliminary 2007 HUD Consolidated Grant Program
Budget
WORKSESSION
Review and discuss operations and future plans related to the Sterling Pruitt Activity
Center
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
Linda GayYoung v City of Beaumont
The City of Beaumont v. International Association of Fire Fighters
Claim of Troy Haskin,Jr., a/n/f of Dominisha T. Haskin, A Minor
Claim of Gloria Martinez a/n/f of Dalahia Martinex, A Minor
Claim of Aurora Hector a/n/f of Ebony Johnson, A Minor
Claim of Elizabeth Wrighting a/n/f of Quentaxia Wrighting, A Minor
Claim of Umeki Coleman a/n/f of Jonathan Coleman, A Minor
Claim of Camille Williams a/n/f of Sade Stevenson, A Minor
Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or
services are requested to contact Lenny Caballero at 880-3716 three days prior to the meeting.
1
March 6, 2007
Consider approving amendments to Chapter 7 of the Code of Ordinances
amo=I-!,..u"P.,-4j.j.
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 26, 2007
REQUESTED ACTION: Council consider amendments to Chapter 7 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 7 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
7, related to business dealings affecting the public interest, were provided to the City Council for
review.
The ordinance being presented today also corrects a typographical error in Section 7-61 that was
found after the review copies were distributed.
Chapter 7, as amended, is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
I Chapter 7 BUSINESS DEALINGS ESPECIALLY AFFECTING THE PUBLIC
INTEREST*
*Cross references: Regulation of trailer parks, Ch. 27; regulation of vehicles for hire,
Ch. 29.
Art. I. Auctions,§§7-1--7-19
Art. 11. Itinerant Vendors;Solicitors,§§7-20--7-49
Div. 1. Itinerant Vendors,§§7-20--7-29
Div.2. Reserved,§§7-30--7-49
Art. III. Junk and Secondhand Dealers
(Reserved),§§7-50--7-60
Art. IV. Dealers in Used Jewelry,and Precious Metals,§§7-61--7-65
Art.V. Commercial Closed Container Garbage Collection Services,§§7-66--7-80
Art.VI. Sexually Oriented Businesses,§§7-81--7-106
ARTICLE I. Reserved AUCTIONS
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DIVISION 2. RESERVED*
*Editor's note: Ord. No. 84-88, § 1, adopted June 26, 1984, amended the Code by
repealing §§ 7-30--7-45, being Div. 2. Charitable solicitations as derived from the 1958
Code, §§ 27-1--27-1.13, 27-3, and Ord. No. 78-108, § 1, 11-7-78.
Secs. 7-30--7-49. Reserved.
ARTICLE III. JUNK AND SECONDHAND DEALERS
(RESERVED)*
*Editor's note: Art. II of ch. 26 of the 1958 Code, regulating this subject, was not
repealed by the adoption of this Code, and the same continues in effect.
Secs. 7-50--7-60. Reserved.
ARTICLE IV. DEALERS IN USED JEWELRY, AND PRECIOUS METALS*
*Editor's note: Former Art. IV, §§ 7-61--7-65, pertained to dealers in used jewelry and
precious metals as derived from Ord. No. 80-68, §§ 1--5, adopted July 22, 1980. Such
article was repealed by Ord. No. 81-8, § 1, adopted Feb. 3, 1981, which also enacted, in
lieu thereof, new provisions relative to the same subject matter as herein set out.
Sec. 7-61. Definitions.
[For the purposes of this article, the following words and phrases shall have the
meanings ascribed thereto:]
Person means any individual, corporation, or partnership and includes the plural.
Business means an activity carried on by any person who buys or exchanges for
used jewelry, money, silverware, or precious metal, as defined in this section, for profit.
The term "business" shall not include occasional purchases, sales or exchanges made
by a hobbyist, nor shall it include activities regulated by the Texas Pawnshop Act (A#.
.Chapter 371, Texas Finance Code).
Used jewelry means previously owned articles made from precious and
semiprecious metal, silver, gold, diamonds, sapphires, rubies, pearls, emeralds, and
gems and includes such personal ornaments as watches, rings, pendants, chains, fobs,
brooches, and necklaces.
Money means money which has numismatic value.
Silverware means silver or silver plated flatware, trays, goblets, dishes or serving
pieces.
Precious metal means gold, silver, or platinum.
Semiprecious gems includes but is not limited to such gems as jade, tanzanite,
tsavorite garnets and aquamarines.
Dealer means any person who buys or exchanges used jewelry, money,
silverware, or precious metal in the course of business, but does not include persons
regulated by the Texas Pawnshop Act (Art. . .Chapter 371,
Texas Finance Code).
Permittee means a dealer who has been issued a permit hereunder.
Temporary location means any place or premise which has not been hired,
rented, or leased for at least thirty (30) days, in, upon or from which business is
conducted.
(Ord. No. 81-8, § 1, 2-3-81)
Sec. 7-62. Permit.
(a) Any dealer who engages in the business of buying or exchanging used jewelry,
money, silverware or precious metal shall possess a valid permit before
engaging in such business within the city issued in accordance with this article.
(b) Any person desiring such a permit shall make application in writing to the chief of
police on a form provided for that purpose. Such form shall be sufficient if it
includes the following information:
(1) Name, address, and telephone number of applicant;
(2) Business address of applicant;
(3) Time period or periods during which business will be conducted;
(4) Location or locations where business will be conducted;
(5) Whether or not the applicant, or any coprincipal or employee, has been
found guilty of any criminal offense defined in Title 7 of the Texas Penal
Code (or their criminal equivalents) by any court of competent jurisdiction
and, if so, the venue of such offense and penalty imposed;
(6) Whether or not the applicant has been or is currently a party to any civil
litigation arising out of sales, purchases or exchanges of any goods or
services and if so, the identity of other parties to the suit, the location of
the suit, and the outcome of the suit;
(7) Whether the applicant has ever before engaged in business under an
assumed name and, if so, the name assumed by such business.
(c) Any permittee who employs any person to engage in business and whose name
does not appear on such permittee's current application on file with the police
department shall, within three (3) business days of such employment, amend
said application in writing to reflect the addition of said employee.
(Ord. No. 81-8, § 1, 2-3-81)
Sec. 7-63. Issuance of permit, fee.
(a) Upon receipt of the application, the chief of police shall issue a permit upon the
payment of a fee of fifty dollars ($50.00); provided,
however, no permit shall be issued to any applicant who has been found guilty by
a court of competent jurisdiction within the preceding ten (10) years of a criminal
offense against property defined in Title 7 of the Texas Penal Code, provided
further that violation of any provision of this article shall be grounds for denial of
such permit. Permits issued hereunder shall be valid for a period of five (5) years.
(b) A permit issued hereunder may be summarily revoked or suspended for up to six
(6) months by the chief of police for violation of any provision of this article or if a
permittee is found guilty of a criminal offense defined in Title 7 of the Texas
Penal Code or their criminal equivalents by a court of competent jurisdiction.
Within ten (10) days of such revocation or suspension by the chief of police, the
permittee shall have the right of appeal to the city council whose decision shall
be final.
(c) Upon receipt of an application, the chief of police may, upon request, issue a
I temporary permit upon the payment of a fee of ten dellaFs enty-five
dollars ($25.00) which shall be issued upon the same terms and conditions as
five-year permits, but which shall be valid for thirty (30) days from the date of
issuance.
(d) Any permit issued hereunder shall be prominently displayed at the place of
business so as to be plainly visible by persons transacting business with a
dealer.
(Ord. No. 81-8, § 1, 2-3-81)
Sec. 7-64. Records of purchases.
(a) Upon the purchase or exchange with any person or persons of any goods
defined in section 7-61, permittees shall record in a well bound book kept
exclusively for such purpose, the following information:
(1) The name, address, and physical description and, if available, drivers
license number of the person or persons selling or exchanging any used
jewelry, money, silverware, or precious metal;
(2) A description of the property purchased and property exchanged for,
including the serial number, if available, and all other identifiable
characteristics.
(b) No permittee shall purchase or exchange any used jewelry, coins, silverware, or
precious metal from any person or persons under the age of eighteen (18) years
unless such seller presents a written statement from such seller's parent or legal
guardian consenting to such sale, which statement shall be retained and
recorded by the permittee.
(c) Permittees purchasing or exchanging used jewelry, coins, silverware or precious
metal shall obtain a signed warranty from the seller that the seller has the right or
authority to sell the property, which statement shall be retained and recorded by
the permittee.
(d) All books and records required to be kept under the terms herein shall be open to
inspection at all reasonable hours by any bona fide peace officer.
(e) All books and records required to be kept under the terms herein shall be kept
continuously for a minimum period of two (2) years.
(Ord. No. 81-8, § 1, 2-3-81)
Sec. 7-65. Purchases at temporary locations.
Any dealer who conducts business from a temporary location within the city and
who does not maintain a permanent location within the city, shall deliver the records of
purchases or exchanges to the chief of police within twenty-four (24) hours of
terminating the temporary location.
(Ord. No. 81-8, § 1, 2-3-81)
ARTICLE V. COMMERCIAL CLOSED CONTAINER GARBAGE COLLECTION
SERVICES
Sec. 7-66. Franchise required; definition.
It shall be unlawful for any person, partnership, association or corporation to
provide commercial container garbage collection services in the city without first
obtaining a franchise from the city. "Commercial container garbage collection services"
is defined as the regular collection of the garbage from mechanically emptied "dumpster
or roll-on"-type containers from locations in the city which are not single-family locations,
and disposal of such material in accordance with law.
(Ord. No. 83-128, § 1, 10-4-83; Ord. No. 87-93, § 1, 12-8-87)
Editor's note: Ord. No. 83-128, § 1, adopted Oct. 4, 1983, amended the Code by
adding provisions designated as Art. V, § 7-66, to read as herein set out. Sec. 5 of such
ordinance provided that any person violating such ordinance shall, upon conviction, be
subject to a fine not to exceed one thousand dollars ($1,000.00) per day. Ord. No. 83-
158, § 1, adopted Dec. 6, 1983, changed the effective date of Ord. No. 83-128(§ 4)from
Jan. 1, 1984, to Feb. 6, 1984.
Secs. 7-67--7-80. Reserved.
ARTICLE VI. SEXUALLY ORIENTED BUSINESSES*
*Editor's note: Ord. No. 00-10, § 1, adopted January 25, 2000, amended the Code by
repealing former art. VI, §§7-81--7-99, and adding a new art. VI, §§ 7-81--7-106 as set
out herein. Former art. VI pertained to similar subject matter, and derived from Ord. No.
98-8, adopted February 3, 1998.
Sec. 7-81. Purpose and findings.
(a) Purpose. It is the purpose of this article to regulate sexually oriented businesses
in order to promote public health, safety, and welfare of the citizens of the city,
and to establish reasonable and uniform regulations. The provisions of this article
have neither the purpose nor effect of imposing a limitation or restriction on the
content of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this article to restrict or deny access by
adults to sexually oriented materials protected by the First Amendment. Neither
is it the intent nor effect of this article to condone or legitimize the distribution of
obscene material.
(b) Findings. Based on evidence concerning the adverse secondary effects of adult
sexually oriented businesses on the community presented in hearings,
workshops and in reports made available to the council and on studies in other
communities including, but not limited to, Phoenix, Arizona; Minneapolis,
Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden
Grove, California; Los Angeles, California; Whittier, California; Austin, Texas;
Seattle, Washington; Oklahoma City, Oklahoma; and Cleveland, Ohio, the
Council finds:
(1) Sexually oriented businesses may lend themselves to ancillary unlawful
and unhealthy activities that presently are sometimes uncontrolled by the
managers of the establishments. Further, there is presently no
mechanism to make the owners of these establishments responsible for
certain activities that occur on their premises.
(2) Certain employees of sexually oriented businesses defined in this article
as adult theaters and cabarets engage in higher incidence of certain
types of illicit sexual behavior than employees of other establishments.
(3) Sexual acts, including masturbation, oral and anal sex, may easily occur
at sexually oriented businesses which provide private or semi-private
booths or cubicles for viewing films, videos, or live sex shows.
(4) Offering and providing such space encourages such activities, which may
create unhealthy conditions.
(5) Many communicable diseases may be spread by activities which may
occur in sexually oriented businesses.
(6) According to the best scientific evidence, AIDS and HIV infection, as well
as syphilis and gonorrhea, are principally transmitted by sexual acts.
(7) The findings noted in paragraphs number (1) through (6) raise substantial
governmental concerns.
(8) Sexually oriented businesses have operational characteristics which
should be reasonably regulated in order to protect those substantial
governmental concerns.
(9) A reasonable licensing procedure is an appropriate mechanism to place
the burden of that reasonable regulation on the owners and the managers
of the sexually oriented businesses. Further, such a licensing procedure
will place a heretofore nonexistent incentive on the managers to see that
the sexually oriented business is run in a manner consistent with the
health, safety and welfare of its patrons and employees, as well as the
citizens of the city.
(10) Removal of doors on adult booths and requiring sufficient lighting on
premises with adult booths advances a substantial governmental interest
in curbing the illegal and unsanitary sexual activity which may occur in
such booths.
(11) Requiring licensees of sexually oriented businesses to keep information
regarding current employees and certain past employees will help reduce
the incidence of certain types of criminal behavior by facilitating the
identification of potential witnesses or suspects and by preventing minors
from working in such establishments.
(12) The disclosure of certain information by those persons ultimately
responsible for the day-to-day operation and maintenance of the sexually
oriented business, where such information is substantially related to the
significant governmental interest in the operation of such uses, may aid in
preventing the spread of sexually transmitted diseases.
(13) It is desirable in the prevention of the spread of communicable diseases
to obtain a limited amount of information regarding certain employees
who may engage in the conduct which this article is designed to prevent
or who are likely to be witnesses to such activity.
(14) The fact that an applicant for a sexually oriented business or sexually
oriented business employee license has been convicted of a sexually
related crime leads to the rational assumption that the applicant may
engage in that conduct in contravention of this article.
(15) The barring of such individuals from the management of or employment in
sexually oriented businesses for a period of years serves as a deterrent
to and prevents conduct which leads to the transmission of sexually
transmitted diseases.
(16) The general welfare, health, and safety of the citizens of the city will be
promoted by the enactment of this article.
(17) That sexually oriented businesses can exert negative influences on
churches, schools and day care centers, and have negative effects on
property values, can contribute to increased criminal activities in
surrounding areas, and can exert the same types of negative community
influences on other forms of land usage, such as public buildings and
parks, that were not previously addressed in the prior ordinance.
(18) That the offenses listed under specified criminal activity which may serve
as grounds for denial, revocation or refusal of a license under this article
are offenses which relate to or bear on the management or operation of a
sexually oriented business or employment in a sexually oriented
business. The specified criminal activity offenses would also be directly
related to the fitness of an individual to receive a license as a sexually
oriented business employee. Accordingly, the specified criminal activity
offenses are directly related to the duties and the responsibilities which
may be authorized by a license issued under this article. Accordingly,
there is a serious need to protect members of the public and fellow
employees of sexually oriented business enterprises from persons who
have committed the specified criminal activity offenses outlined in the
article.
(19) That persons who hold or apply for sexually oriented business or
business employee licenses under this article should be subject to a
verification that they have not either pled guilty or been convicted of any
of the offenses noted under the definition for specified criminal activity.
(20) That the provisions of the prior ordinance were insufficient regarding
"booths" to properly address the issues associated with casual sexual
activity that may facilitate the spread of sexually transmitted diseases,
criminal activities including lewd conduct, indecent exposure, etc., or
other activities detrimental to the health, safety and welfare of the public
and therefore determines that there is a need to provide for the
monitoring of activities in facilities which offer either live entertainment or
films, movies, video cassettes, video reproductions, video laser discs,
slides, or other visual representations which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas and therefore provides in this ordinance provisions
requiring that areas where such activities occur be fully visible to and
monitored by management employees of such sexually oriented
businesses to ensure that the activities in the building are in compliance
with the provisions of this article.
(21) That instituting distance requirements as they address the location of
sexually oriented businesses or the conduct of licensed employees are
reasonable and necessary to provide protection to the community from
the negative secondary effects of sexually oriented business and may be
done without depriving such businesses of adequate opportunities to
locate within the city or licensed employees from engaging in protected
activities.
(22) The city council finds that the provisions of this ordinance as they relate to
signage requirements are proper subjects for city control and that the
failure to control signage related to sexually oriented businesses may
have a negative secondary effect on the community, that the signage
requirements would serve to reduce the negative secondary effects of
sexually oriented businesses upon the community, that the signage
requirements would not deprive such businesses of adequate opportunity
to provide notice to the public of their location and business, and that the
requirement would further act to protect the health, safety and welfare of
the public.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-82. Definitions.
Adult arcade means any place to which the public is permitted or invited wherein
coin-operated, slug-operated, or for any form of consideration, electronically, electrically,
or mechanically controlled still or motion picture machines, projectors, video or laser disc
players, or other image-producing devices are maintained to show images to five (5) or
fewer persons per machine at any one time on the premises, and where the images so
displayed are distinguished or characterized by the depicting or describing of specified
sexual activities or specified anatomical areas.
Adult bookstore means a commercial establishment which, as one of its primary
businesses, offers for sale or rental for any form of consideration any one (1) or more of
the following:
Books, magazines, periodicals or other printed matter, or photographs, which are
characterized by the depiction or description of specified sexual activities or
specified anatomical areas.
Adult cabaret means a nightclub, bar, restaurant, or similar commercial
establishment that features:
(1) Persons who appear in a totally nude or semi-nude condition, or in a state
of nudity; or
(2) Live performances which are characterized by the exposure of specified
anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas.
Adult mini-theatre means any place to which the public is permitted or invited
wherein coin-operated, slug operated, or for any form of consideration, electronically,
electrically, or mechanically controlled still or motion picture machines, projectors, video
or laser disk players, or other image-producing devices are maintained to show images
to more than five (5) but less that one hundred (100) persons per machine at any one
time on the premises, and where the images so displayed are distinguished or
characterized by the depicting or describing of specified sexual activities or specified
anatomical areas. Adult mini-theatre shall not include any conventional motion picture
screen or projection area designed to be viewed in a room containing tiers or rows of
seats with a viewer seating capacity of one hundred (100) or more persons.
Adult motel means a hotel, motel or similar commercial establishment which:
(1) Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films, motion
pictures, video cassettes, slides, or other photographic reproductions
which are characterized by the depiction or description of specified sexual
activities or specified anatomical areas as defined in this article; or
(2) Offers a sleeping room for rent for a period of time that is less than ten
(10) hours; or
(3) Allows a tenant or occupant of a sleeping room to sub-rent the room for a
period of time that is less than ten (10) hours.
Adult motion picture theater means an establishment, containing a room with
tiers or rows of seats facing a screen, or projection area, which offers, as one of its
primary businesses, the exhibition to customers of motion pictures which are intended to
provide sexual stimulation or sexual gratification to such customers and which are
distinguished by or characterized by an emphasis on matter depicting, describing or
relating to specified sexual activities or specified anatomical areas.
Adult novelty store means a commercial establishment which, as one of its
primary businesses, offers for sale or rental for any form of consideration any one or
more of the following:
Instruments, devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or semi-
nude live performances which are characterized by the exposure of specified anatomical
areas or by specified sexual activities.
Adult video store means a commercial establishment which, as one of its primary
businesses, offers for sale or rental for any form of consideration any one (1) or more of
the following:
Films, motion pictures, video cassettes or video reproductions, video or laser
disks, slides, or other visual representations which are characterized by the
depiction or description of specified sexual activities or specified anatomical
areas.
Applicant means the person submitting the application for a sexually oriented
business or sexually oriented business employee license. If applicable, this includes a
designated agent of the applicant and all persons who hold a five (5) per cent or greater
interest in the business.
Child care facility means a facility licensed by the state, whether situated within
the city or not, that provides care, training, education, custody, treatment or supervision
for more than twelve (12) children under fourteen (14) years of age, where such children
are not related by blood, marriage or adoption to the owner or operator of the facility, for
less than twenty-four (24) hours a day, regardless of whether or not the facility is
operated for a profit or charges for the services it offers.
Church means a building, whether situated within the city or not, in which
persons regularly assemble for religious worship intended primarily for purposes
connected with such worship or for propagating a particular form of religious belief.
City council means the elected mayor and council members meeting with a
quorum present after proper notice as required by state law.
City means the City of Beaumont or a person designated to act on behalf of the
city by the city manager.
Conspicuous place means a location within the sexually oriented business, near
its entrance and lighted such that material posted there can be read from a distance of
three (3) feet.
Convicted means and includes a judicial conviction, deferred prosecution,
deferred adjudication, or probation and shall include any of these which are on appeal.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business or any portion of a
sexually oriented business in return for the payment of an admission fee,
membership fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business or any portion of a sexually oriented
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business and purchases, rents or otherwise partakes of any merchandise,
goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business
operating as a private or membership club or a sexually oriented business
that reserves any portion of the premises of the sexually oriented
business as a private or membership club.
Employee means a person who performs any service on the premises of a
sexually oriented business on a full-time, part-time or contract basis, whether or not the
person is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid or receives a salary, wage, tips, or other
compensation by the manager or customers of said business. By way of example, rather
than limitation, the terms includes the operator and other management personnel, clerks,
dancers, models and other entertainers, food and beverage preparation and service
personnel, door persons, bouncers, and cashiers. It is expressly intended that this
definition cover not only conventional employer-employee relationships but also
independent contractor relationships, agency relationships, and any other scheme or
system whereby the "employee" has an expectation of receiving compensation, tips, or
other benefits from the sexually oriented business or its customers in exchange for
services performed. Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or equipment on the premises, or for the delivery
of goods to the premises, and specifically does not include part-time maid services and
lawn services.
Entertainer means any employee of a sexually oriented business who performs
or engages in entertainment.
Entertainment means any act or performance, such as a play, skit, reading,
revue, fashion show, modeling performance, pantomime, role playing, encounter
session, scene, song, dance, musical rendition or striptease that involves the display or
exposure of specified sexual activities or specified anatomical areas. The term
"entertainment" shall include any employee or entertainer exposing any specified
anatomical areas or engaging in any specified sexual activities whenever in the
presence of customers.
Escort means an individual who, for consideration, agrees or offers to privately
model, dance or similarly perform for another person, or to act as a private companion,
guide or date for another person and offers a service intended to provide sexual
stimulation or sexual gratification to the customer.
Escort agency means a business that, for consideration, furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes and
offers a service intended to provide sexual stimulation or sexual gratification to the
customer.
Hearings officer means an attorney licensed by the Supreme Court of the State
of Texas who is not an employee of the city.
Licensee means a person in whose name a license to operate a sexually
oriented business has been issued, as well as every individual listed as an applicant on
the application for a license; and in the case of an employee, a person in whose name a
license has been issued authorizing employment in a sexually oriented business.
Managing/operating means control of the sexually oriented business, i.e., making
operational or management decisions concerning the sexually oriented business. The
person making these decisions may be referred to as an operator or manager.
Nude model studio means any place where a person who appears semi-nude, in
a state of nudity, or who displays specified anatomical areas and is provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration. "Nude model studio" shall
not include a proprietary school licensed by the state or a college, junior college or
university supported entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits are transferable to
a college, junior college, or university supported entirely or partly by taxation; or in a
structure:
(1) That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for
viewing; and
(2) Where in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
(3) Where no more than one (1) nude or semi-nude model is on the premises
at any one time.
Nude, nudity or a state of nudity means the showing of the human male or
female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully
opaque covering, or the showing of the covered male genitals in a discernibly turgid
state.
Person means an individual, proprietorship, partnership, corporation, association,
or other legal entity.
Primary business. A commercial establishment may have other primary business
purposes that do not involve the offering for sale or rental of material depicting or
describing "specified sexual activities" or "specified anatomical areas" and still be
categorized as an adult bookstore, adult novelty store, or adult video store. Such other
business purposes will not serve to exempt such commercial establishments from being
categorized as an adult bookstore, adult novelty store, or adult video store so long as
one (1) of its primary business purposes is the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas. For the purpose of this article, a
primary business purpose is one which would generate at least ten (10) per cent of the
gross revenue of the commercial enterprise from sexually oriented business activities.
Public building means a building used by federal, state, or local government that
is open to the general public.
Public park means a publicly owned or leased tract of land, whether situated in
the city or not, designated, dedicated, controlled, maintained and operated for use by the
general public for active or passive recreational or leisure purposes by the city or any
political subdivision of the state and containing improvements, pathways, access or
facilities intended for public recreational use. The term "public park" shall not include
parkways, public roads, rights-of-way, esplanades, traffic circles, easements or traffic
triangles unless such tracts or areas contain and provide improvements or access to a
recreational or leisure use by the public.
School means a building, whether situated within the city or not, where persons
regularly assemble for the purpose of instruction or education together with the
playgrounds, stadia and other structures or grounds used in conjunction therewith. The
term is limited to:
(1) Public and private schools used for primary or secondary education, in
which any regular kindergarten or grades 1 through 12 classes are
taught; and
(2) Special educational facilities in which students who have physical or
learning disabilities receive specialized education in lieu of attending
regular classes in kindergarten or any of grades 1 through 12.
Semi-nude or in a semi-nude condition means the showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage of the human
female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel provided the areola is not exposed in whole or in part.
Sexual encounter center means a business or commercial enterprise that, as one
of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
(2) Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-nude:
Sexually oriented business means an adult arcade, adult mini-theatre, adult
bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion
picture theater, adult theater, escort agency, nude model studio, sexual encounter
center, or other commercial enterprise, including parking lots and other areas used in the
operation of the sexually oriented business, where one of the primary businesses is the
offering of a service or the selling, renting, or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to the customer.
Sign means any display, design, pictorial, or other representation, which shall be
so constructed, placed, attached, painted, erected, fastened or manufactured in any
manner whatsoever so that the same is visible from the outside of a sexually oriented
business and that is sited to seek the attraction of the public to any goods, services, or
merchandise available at such sexually oriented business, specifically including signs
not located on the premises of the sexually oriented business. The term "sign" shall also
include such representations painted on or otherwise affixed to any exterior portion of a
sexually oriented business as well as such representations painted on or otherwise
affixed to any part of the property upon which such a sexually oriented business is
situated.
Specific anatomical areas means:
(1) The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above the
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top of the areola; or
(3) Any combination of the foregoing.
Specified criminal activity means any of the following offenses:
(1) Prostitution, promotion of prostitution, aggravated promotion of
prostitution, compelling prostitution, obscenity, sale, distribution, or
display of harmful material to a minor, sexual performance by a child, or
possession of child pornography as described in chapter 43 or successor
statutes of the Texas Penal Code;
(2) Public lewdness, indecent exposure, or indecency with a child as
described in chapter 21 or successor statutes of the Texas Penal Code;
(3) Sexual assault or aggravated sexual assault as described in chapter 22
or successor statutes of the Texas Penal Code;
(4) Incest, solicitation of a child or harboring a runaway child as described in
chapter 25 or successor statutes of the Texas Penal Code;
(5) Gambling, gambling promotion, keeping a gambling place,
communicating gambling information, possession of gambling devices or
equipment, or possession of gambling paraphernalia as described in
chapter 47 or successor statutes of the Texas Penal Code;
(6) Forgery, credit card abuse or commercial bribery as described in chapter
32 or bribery as described in chapter 36 or successor statutes of the
Texas Penal Code;
(7) A criminal offense described in chapter 481, subchapter D or chapter 483,
subchapter C, or successor statutes of the Health and Safety Code;
(8) A criminal offense as described in chapter 34 or successor statutes of the
Texas Penal Code;
(9) A criminal offense defined in the Texas Alcoholic Beverage Code which
occurred at any time in the scope of employment at a sexually oriented
business or any offense involving the use of alcohol except minor in
possession and public intoxication convictions which do not exceed one
(1) within a three-year period;
(10) Any misdemeanor or felony offense associated with or related to the
operation of a sexually oriented business or conduct by the holder of a
sexually oriented business employee license in the scope of employment
at a sexually oriented business.
(11) Criminal attempt, conspiracy or solicitation to commit any of the foregoing
offenses; or any other offense in another state or under federal statutes
that, if committed in this state, would have been punishable as one or
more of the aforementioned offenses; or
(12) A violation of the provisions of this article.
Specified sexual activities means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether clothed or nude;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities
set forth in (1) through (2) above; or
(4) Any combination of the foregoing.
Transfer of ownership or control of a sexually oriented business means and
includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of a controlling interest in the business, whether by sale,
exchange, receivership, bankruptcy, or similar means; or
(3) The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person
possessing the ownership or control.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-83. License required.
(a) It is unlawful:
(1) For any person to knowingly or intentionally operate a sexually oriented
business without a valid sexually oriented business license issued by the
city pursuant to this article.
(2) For any person who operates a sexually oriented business to knowingly,
intentionally, or recklessly employ a person to work for the sexually
oriented business who is not licensed as a sexually oriented business
employee by the city pursuant to this article.
(3) For any person to be employed by a sexually oriented business unless
that employee secures a sexually oriented business employee license on
the next business day after becoming employed.
(b) An applicant for a sexually oriented business license issued under this article for
a location not previously licensed shall, not later than the sixtieth day before the
date the application is filed, prominently post an outdoor sign at the location
stating that a sexually oriented business is intended to be located on the
premises and providing the name and business address of the applicant.
The sign must be at least twenty-four (24) by thirty-six (36) inches in size, must be
written in lettering at least two (2) inches in size and located within three (3) feet of the
right-of-way of the street which is the main access to the property. The sign shall be in
both English and Spanish.
(c) An application for a license must be made on a form provided by the city and
submitted to the chief of police or his designee. Each application submitted to the
chief of police must be accompanied by a copy of the receipt issued by the city
establishing that the application and inspection fee have been paid.
(d) All applicants must be qualified according to the provisions of this article. The
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application may request and the applicant(s) shall provide such information as
the city may deem necessary to enable it to determine whether the applicant(s)
meets the qualifications established in this article.
(e) If a person who wishes to operate a sexually oriented business is an individual,
the person must sign the application for a license as applicant. If an applicant
who wishes to operate a sexually oriented business is other than an individual,
each individual who has a five (5) percent or greater interest in the business must
sign the application for a license as applicant. Each applicant(s) must be qualified
under the following section and each applicant(s) shall be considered a licensee
if a license is granted.
(f) The completed application for a sexually oriented business license shall contain,
at a minimum, the following information and shall be accompanied by the
following documents:
(1) If the applicant is:
a. An individual, the individual shall state his/her full legal name and
any aliases or other names they have ever used and submit proof
that he/she is eighteen (18) years of age;
b. If the applicant is a corporation, partnership, joint venture, or other
similar business entity, the applicant shall also include:
1. A Texas corporation, specifically including a limited liability
corporative or nonprofit corporation, shall provide a copy of
the articles of incorporation with amendments, names and
residential addresses of all current officers and directors,
and the name and address of each stockholder holding
more than five (5) percent of any class of stock of the
corporation at the time of the application or thereafter;
2. A foreign corporation shall provide a copy of the certificate
of authority to transact business in the state with all
amendments, names and residential addresses of current
officers and directors; and names and addresses of each
stockholder holding more than five (5) per cent of any class
of stock of the corporation at the time of the application;
3. A general or limited partnership shall provide the full legal
name and residential address of each of the partners,
including limited partners; if the applicant is a limited
partnership formed under the laws of the state, a copy of
the certificate of limited partnership filed with the office of
the secretary of state, and amendments included; if one or
more of the partners is a corporation, the information
required of corporate applicants shall be included in the
application in addition to these requirements;
4. If the applicant is a joint venture or other similar entity, the
full legal names and residential addresses of the
participants and their valid drivers license numbers or
Texas Department of Public Safety identification card
numbers are required if the participants are individuals; if
any participant is a corporation or partnership, the
applicable information required in items (1), (2), or (3)
above shall be provided; and
5. As to each person required to be identified in this section,
the application shall also contain: a statement as to any
ownership interest that person has in any other sexually
oriented business in the city and/or the county; a
description as to any management, supervisory, or
oversight responsibility that person will have in the sexually
oriented business; a valid driver's license number or Texas
Department of Public Safety identification card number;
and a certification as to each officer, director, partner or
participant that she/he has not been convicted of any of
the crimes listed as specified criminal activity.
(2) If the applicant intends to operate the sexually oriented business under an
assumed name, a copy of the assumed name certificate filed in
compliance with chapter 36 of the Texas Business and Commerce Code.
If the sexually oriented business is licensed under the Texas Alcoholic
Beverage Code, the application shall be filed and the sexually oriented
business shall conduct business under the name shown on the liquor
license.
(3) If the applicant, or a person residing with the applicant, has been
convicted of a specified criminal activity as defined in this article, the
application shall include documentation stating the specific criminal
activity involved, the date, place, and jurisdiction of each activity.
(4) If the applicant, or a person residing with the applicant, has had a
previous license under this article or other similar sexually oriented
business ordinances from another city or county denied, suspended or
revoked, the application shall include documentation stating the name
and location of the sexually oriented business for which the permit was
denied, suspended or revoked, as well as the date of the denial,
suspension or revocation. If the applicant or a person residing with the
applicant has been a partner in a partnership or an officer, director or five
(5) percent or larger stockholder of a corporation that is licensed under
this article or other similar sexually oriented business ordinances whose
license has previously been denied, suspended or revoked, the
application shall include documentation stating the name and location of
the sexually oriented business for which the permit was denied,
suspended or revoked as well as the date of denial, suspension or
revocation.
(5) If the applicant or a person residing with the applicant holds any other
licenses under this article or other similar sexually oriented business
ordinance from another city or county, then the applicant shall provide the
names and locations of such other licensed business and copies of those
licenses.
(6) A designation of which single classification of license the applicant is
applying for. The classifications of licenses are:
a. Adult arcade.
b. Adult bookstore.
C. Adult novelty store.
d. Adult video store.
e. Adult cabaret.
f. Adult motel.
g. Adult motion picture theatre.
h. Adult theatre.
L Adult mini-theatre.
j. Nude model studio.
k. Sexual encounter center.
A separate application, application fee, and license fee shall be submitted
for each classification.
(7) The location of the proposed sexually oriented business, including a legal
description and ownership of the property, street address, and telephone
number(s), if any, and a copy of any lease or rental agreement.
(8) The mailing address and residential address of all applicants.
(9) A recent photograph of the applicant(s).
(10) The applicant's driver's license number, Social Security number, and
state or federally issued tax identification number.
(11) A reliable estimate of the number of employees, including a description of
the capacities in which they will be employed; a general description of the
management structure for the enterprise. A sketch or diagram showing
the configuration of the premises, including a statement of total floor
space occupied by the business. The sketch or diagram need not be
professionally prepared, but must be drawn to a designated scale or
drawn with marked dimensions of the interior of the premises to an
accuracy of plus or minus six (6) inches.
(12) If an applicant wishes to operate a sexually oriented business, other than
an adult motel, which shall exhibit on the premises films, video cassettes,
laser disks, other video reproductions, or live entertainment which depicts
specified sexual activities or specified anatomical areas, then the
applicant shall comply with the application requirements set forth in
section 7-92.
(13) A certification that the proposed sexually oriented business will be
located:
a. A minimum of one thousand five hundred (1,500) feet from any
church, child care facility, school, hospital, public building, public
park or single family dwelling zoning district boundary.
b. Where not more than two (2) other sexually oriented business are
located within a distance of two thousand (2,000) feet of the
proposed location. This restriction shall not apply to permitted
sexually oriented businesses in existence on the effective date of
these regulations.
C. This subsection shall apply only to property uses in existence at
that location at least thirty (30) days prior to the date of
application.
d. For the purposes of this subsection, measurements shall be made
in a straight line from the nearest portion of the building or
appurtenance used by the sexually oriented business to the
nearest portion of the building or appurtenance that is used for the
purposes identified in subsections (a) or (b) above. These
distance restrictions apply to an identified purpose whether or not
the building or appurtenance used for an identified purpose is
located within the city or the unincorporated area of the county.
e. The distance requirements set out in this subsection shall not
apply to a business which holds a valid sexually oriented business
license on the date this ordinance becomes effective or the sale or
subsequent sales of such business or transfer of such license, but
shall apply to all other new applications.
(14) The applicant's complete business license or permit history including any
permit or license which has been issued to the applicant(s) by any
agency, board, city, county or state, and any professional or vocational
license or permit. This shall include those which have expired or are
currently in effect and shall include any license or permit that has been
denied, or was issued to the applicant and subsequently revoked or
suspended. If there have been licenses or permits which were denied,
revoked or suspended, the permit history shall include the reason for that
action.
(g) Before any applicant may be issued a sexually oriented business employee
license, the applicant shall submit on a form to be provided by the city the
following information which shall be deemed confidential pursuant to Texas Local
Government Code § 552.101:
(1) The applicant's full legal name or any other names (including "stage"
names) or aliases used by the individual;
(2) Age, date, and place of birth;
(3) Height, weight, hair and eye color;
(4) Present residence address and telephone number, unless the applicant
wishes the information to remain confidential. In such a case, the
information must be provided to the person managing the business for
whom they work and it must be available at that location to any
authorized employee of the city;
(5) Present business address and telephone number;
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(6) Date, issuing state and number of driver's permit, United States military
identification or other state identification card information;
(7) Social Security number; and
(8) Proof that the individual is at least eighteen (18) years of age.
(h) Attached to the application form for a sexually oriented business employee
license as provided above, shall be the following:
(1) Three (3) color photographs, including a color photograph of the applicant
clearly showing the applicant's face, on a form provided by the police
department. Any fees for the photographs shall be paid by the applicant.
(2) A statement detailing the work history of the applicant for the five (5)
years immediately preceding the date of the filing of the application. The
statement must include whether such applicant previously operated or is
seeking to operate, in this or any other county, city, state, or country a
sexually oriented business and whether the applicant has ever had a
license, permit, or authorization to do business denied, revoked, or
suspended, or had any professional, vocational or sexually oriented
business employee license or permit denied, revoked, or suspended. In
the event of any such denial, revocation, or suspension, the applicant
shall state the name of the issuing or denying jurisdiction, and describe in
full the reason for the denial, revocation, or suspension. A copy of any
order of denial, revocation or suspension and, if applicable, any
reinstatement shall be attached to the application.
(3) A statement whether the applicant has been convicted of a specified
criminal activity as defined in this article and, if so, the specified criminal
activity involved, the date, place and jurisdiction of each conviction.
(4) A statement as to whether the applicant has had or now has a sexually
oriented business employee license. If the applicant had or has such a
license, list the agency which issued the license, date or issuance and
license number.
(i) The application shall contain a statement by each applicant under oath that:
(1) The applicant has personal knowledge of the information contained in the
application and that the information contained therein and furnished
therewith is true and correct; and
(2) The applicant has read the provisions of this article.
(j) An applicant may be required to provide fingerprints to be used to verify the
applicant's identity and criminal history information. Each applicant shall sign a
waiver and authorization form authorizing the chief of police or his designee to
request on behalf of the applicant criminal history reports from the Texas
Department of Public Safety and any appropriate federal agency.
(k) A separate application and permit shall be required for each single classification
of license at each sexually oriented business.
(1) The applicant/licensee shall be under a continuing affirmative duty while the
application is pending and during the effective dates of any license to notify the
chief of police or his designee of any of the following events. Notice shall be
provided in writing and delivered no later than seven (7) days after the
occurrence of:
(1) Any address and/or name change of the individual applicant or licensee;
(2) Revocation or suspension of any permit or license listed in the
application;
(3) A licensee being charged in a court of law with any specified criminal
activity; or
(4) A sexually oriented business licensee becoming aware of any of their
licensed employees being charged with any specified criminal activity;
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-84. License—Issuance or denial.
(a) Within thirty (30) business days of receipt of an application, either original or
renewal, for a sexually oriented business, the city shall inspect the premises of a
sexually oriented business and the city shall grant or deny the requested license
and give written notice to the applicant as to the decision, unless such time
period is extended at the request of the applicant. The applicant may request, in
writing, that such period be extended for an additional period of not more than
ten (10) business days. Written request must be delivered to the city clerk and
chief of police.
(b) Upon receipt of any application, either original or renewal, for a sexually oriented
business employee license, the city shall issue a ten-day temporary license and
shall grant or deny the requested license and give written notice to the applicant
as to the decision within such time period. The time period may be extended for a
maximum of ten (10) additional business days based upon a need to conduct an
additional investigation by the police department. The issuance of a temporary
license shall not create any property right in securing a license and shall not be
any indication that the applicant will receive or is entitled to a license.
(c) Time periods noted in (a) and (b) shall start to run the day the application is
submitted and payment in full for the application and investigation is received by
the city as required in this article.
(d) The city shall defer the determination whether to approve a sexually oriented
business or sexually oriented business employee application and license until
final disposition of any pending specified criminal activity or action regarding a
violation of this article. No license shall be issued before there is a final
disposition of any specified criminal activity.
(e) The sexually oriented business or sexually oriented business employee license
shall be denied upon a finding by the city of any of the following facts:
(1) The applicant failed to supply all the information requested on the
application or information reasonably necessary to make a determination
as to whether the applicant meets the qualifications for a license;
(2) The applicant gave materially false, fraudulent or untrue information on
the application;
(3) The applicant has been convicted of a specified criminal activity as
defined in this article, to wit: a felony specified criminal activity at any time
or a misdemeanor specified criminal activity within the five-year period
prior to the date of the application;
(4) The applicant is under the age of eighteen (18) years;
(5) The applicant's proposed sexually oriented business is located within one
thousand five hundred (1,500) feet from any church, child care facility,
school, dwelling, hospital, public building or public park;
(6) The proposed sexually oriented business would be located where more
than two (2) other sexually oriented businesses would be located within
the distance of two thousand (2,000) feet of the proposed location;
(7) The proposed sexually oriented business does not meet all the
requirements of this article: or the sexually oriented business is otherwise
prohibited by city ordinance, state or federal law;
(8) The applicant has had a sexually oriented business employee license or
sexually oriented business license revoked by the city within two (2) years
prior to the current application;
(9) The sexually oriented business employee license is to be used for
employment in a business prohibited by local or state law, statute, rule or
regulation, or prohibited by a particular provision of this article;
(10) The applicant is overdue in payment to any governmental agency of
taxes, fees, fines or other penalties assessed against or imposed upon
him/her in relation to any business or property;
(11) The applicant or a person with whom the applicant is residing has been
denied a license by the city to operate a sexually oriented business within
the preceding twelve (12) months or whose license to operate a sexually
oriented business has been revoked within the preceding twelve (12)
months;
(12) The applicant or a person with whom the applicant is residing has been
convicted of a specified criminal activity defined in this article;
(13) The premises to be used for the sexually oriented business has not been
approved by the city health department, fire department, police
department and the building officials as being in compliance with
applicable laws and ordinances; or
(14) The applicant failed to post the notice sign as required in section 7-83(B).
The distance requirements set out in subsections (e)(5) and (6) shall not apply to an
application for renewal of a sexually oriented business license which was valid and the
business was in operation on the date this ordinance became effective.
(f) A license granted pursuant to this section shall be subject to annual renewal
upon the written application of the applicant and a finding by the city that the
applicant has not been convicted of any specified criminal activity as defined in
this article or has not committed any act during the existence of the previous
license which would be grounds to deny the initial license application. The
renewal of the license shall be subject to the payment of the fee as set forth in
section 7-85.
(g) A license, if granted, shall state on its face the name of the person or persons to
whom it is granted, the expiration date, the address of the sexually oriented
business, and the single classification for which the license is issued pursuant to
section 7-83. The license issued to the sexually oriented business shall be
posted in a conspicuous place at or near the entrance to the sexually oriented
business so that it may be easily read at any time. The license issued to the
employee shall be available for inspection by the police at any time the employee
is present on the premises of a sexually oriented business.
(h) Any application for renewal of a license shall be filed not more than sixty (60)
days nor less than thirty (30) days prior to the expiration of the date of the
license.
(i) The written notice provided by the city as to the denial of any application does
not prohibit the city, in litigation on any appeal, from presenting evidence of
additional or alternative facts that support the denial of the license.
(i) Upon denial of a license, the applicant shall have the opportunity to appear
before a hearings officer appointed by the city manager upon written request
submitted to the city manager within ten (10) business days of delivery of the
notice of denial. The hearing shall be held within fourteen (14) business days of
receipt of the request for a hearing on the application and the applicant and the
city attorney or his designee shall be provided an opportunity to present evidence
and cross-examine witnesses.
(k) Upon a finding from a preponderance of the evidence presented at the hearing
that cause exists for denial of the license, the hearings officer shall order the
application be denied. The applicant may not reapply for a period of one (1)
year. The hearings officer shall issue a written order to the applicant pursuant to
this article.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-85. Fees.
(a) Every application for each classification of a sexually oriented business license
(whether for a new license or for renewal of an existing license) shall be
accompanied by a five hundred dollar ($500.00) nonrefundable application and
investigation fee.
(b) In addition to the application and investigation fee required above, for each
classification of sexually oriented business license granted (new or renewal), the
licensee shall pay to the city an annual nonrefundable license fee of three
hundred dollars ($300.00) at the time of issuance of license or renewal.
(c) Every original application for a sexually oriented business employee license
(whether for a new license or for renewal of an existing license) shall be
accompanied by a twenty-five dollar ($25.00) nonrefundable application,
investigation, and license fee. Thereafter the renewal fee shall be fifteen dollars
($15.00) per year.
(d) All license and application fees shall be submitted to the central collections
division of the city in the form of a certified check, cashier's check, money order,
or cash. If payment thereon is not honored, the city may suspend the license by
written notice to the applicant until full payment is received.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-86. Inspection.
(a) An applicant or licensee shall permit representatives of the police department,
health department, fire department, zoning division, or other city department or
agency to inspect the premises of a sexually oriented business for the purpose of
insuring compliance with federal, state or city statutes, codes, ordinances, or
regulations, at any time it is occupied by the person managing the premises or
open for business, and shall provide the address and phone number of any
employee of the business to such city representative.
(b) A person who operates a sexually oriented business or his/her agent or
employee commits a misdemeanor if he/she intentionally or knowingly refuses to
permit such lawful inspection of the premises at any time the sexually oriented
business is open.
(c) By accepting a sexually oriented business license under this article, the licensee
gives consent to representative of the city as noted in (a) above to inspect the
premises for compliance with federal, state or city statutes, codes, ordinances, or
regulations.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-87. Expiration of license.
(a) Each license shall expire one year from the date of issuance and may be
renewed only by making application as provided in section 7-83. Application for
renewal shall be made at least thirty (30) days before the expiration date, and
when made less than thirty (30) days before the expiration date, the expiration of
the license will not be affected but the application will be considered an
application for a new license and not as a renewal of an existing license and be
subject to the fees and regulations concerning issuance of a new license.
(b) When the city denies renewal of a license, the applicant shall not be issued a
license for one (1) year from the date of denial. If subsequent to denial, the city
finds that the basis for denial of the renewal license has been corrected or
abated, the applicant may be granted a license if at least forty-five (45) days
have elapsed since the date denial became final.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-88. Suspension
(a) The police chief and the city attorney shall have the authority and power to
initiate, by request to the city manager, a proceeding to suspend a license issued
pursuant to this article if there is probable cause to believe that a violation of this
article has occurred.
(b) If the city manager finds that probable cause exists to believe that a violation of
this article has occurred, the city manager shall forward to the license holder or
the holder's designated agent a written notice setting forth the reasons for the
action. Subject to a request for a hearing pursuant to this article, the suspension
shall become final on the tenth day following notice to the licensee as provided in
this article.
(c) The licensee shall have the opportunity to appeal pursuant to section 7-105 upon
written request submitted to the city manager within ten (10) business days of
delivery of the notice of suspension. The hearing shall be held within fourteen
(14) business days of receipt of the request for a hearing on the license, and the
licensee and the city attorney or his designee shall be provided an opportunity to
present evidence and cross-examine witnesses.
(d) Upon finding from a preponderance of the evidence presented at the hearing that
cause exists for suspending the license, the heaFing-e#ashearings officer shall
suspend the license for a period not to exceed sixty (60) days. The hear
effishearinas officer shall issue a written order suspending the license effective
upon notice to the licensee pursuant to this article.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-89. Revocation.
(a) The police chief and the city attorney shall have the authority and power to
initiate, by request to the city manager, a proceeding to revoke a license issued
pursuant to this article if there is probable cause to believe a violation of this
article as set out herein has occurred:
(1) A licensee gave false or misleading information in the material submitted
during the application process;
(2) A licensee or an employee managing a sexually oriented business has
knowingly or recklessly allowed the possession, use or sale of controlled
substances as defined in Texas Health and Safety Code, chapter
481.002, or dangerous drugs as defined in Texas Health and Safety
Code, chapter 483.001 (or their successor statutes) to occur on the
license premise;
(3) A licensee or employee managing a sexually oriented business has
knowingly or recklessly allowed any criminal activity to occur on the
licensed premises;
(4) A licensee or any employee managing the sexually oriented business has
knowingly operated the sexually oriented business during a period of time
when the licensee's license was suspended;
(5) Except in the case of an adult motel, a licensee or any employee
managing the sexually oriented business has knowingly or recklessly
allowed any act of sexual intercourse, sodomy, oral copulation,
masturbation, or other sex act to occur in or on the licensed premises;
(6) A licensee or an employee managing the sexually oriented business has
been convicted of any specified sexual activity during the time the license
was issued;
(7) The sexually oriented business license should not have been issued
pursuant to this article;
(8) The sexually oriented business has been closed for business for a period
of thirty (30) consecutive days, unless the closure is due to circumstances
beyond the control of the licensee and the licensee is proceeding with
due diligence to reopen the sexually oriented business;
(9) The sexually oriented business license has been suspended within the
preceding twelve (12) months; or
(10) A licensee or the employee managing the sexually oriented business is
delinquent in payment to any governmental agency of any taxes or fees
owed.
(b) When a license has been revoked, the revocation shall continue for one (1) year,
and the licensee and anyone residing with him shall not be issued a sexually
oriented business license for one (1) year from the date the revocation becomes
effective. If, subsequent to revocation, the city finds that the basis for the
revocation has been corrected or abated, the licensee may be granted a license
if at least forty-five (45) days have elapsed since the date the revocation became
effective.
(c) If the city manager finds that probable cause exists to believe that a violation of
any of the violations set out in this section has occurred, the city manager shall
forward to the license holder or the holder's designated agent a written notice
setting forth the reasons for the action. Subject to a request for a hearing
pursuant to section 7-105, the revocation shall become final on the tenth day
following notice to the licensee as provided in this article.
I (d) The licensee shall have the opportunity to appear before a hearings officer
appointed by the city manager upon written request submitted to the city
manager within ten (10) business days of delivery of the notice of revocation. The
hearing shall be held within fourteen (14) business days of receipt of the request
for a hearing on the license and the licensee and the city attorney or his designee
shall be provided an opportunity to present evidence and cross-examine
witnesses.
(e) Upon a finding from a preponderance of the evidence presented at the hearing
I that cause exists for revocation of the license, the hearings officer shall order the
license to be revoked for a period of one (1) year. The hearings officer shall issue
a written order revoking the license effective upon notice to the licensee pursuant
to this article.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-90. Transfer of license.
A license issued under this article is personal to the licensee or licensees and
may not be transferred to another, nor shall a licensee operate a sexually oriented
business under the authority of a license at any place other than the address designated
in the application.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-91. Additional regulations for adult motels.
(a) Evidence that a sleeping room in a hotel, motel, or a similar commercial
establishment has been rented and vacated two (2) or more times in a period of
time that is less than ten (10) hours creates a rebuttable presumption that the
establishment is an adult motel as that term is defined in this article.
(b) A person commits a misdemeanor if, as the person in control of a sleeping room
in a hotel, motel, or similar commercial establishment that does not have a
sexually oriented business license, he/she rents or subrents a sleeping room to a
person and, within ten (10) hours from the time the room is rented, he/she rents
or sub-rents the same sleeping room again.
(c) For purposes of subsection (b) of this section, the terms "rent" or "sub-rent" mean
the act of permitting a room to be occupied for any form of consideration.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-92. Regulations pertaining to exhibition of sexually explicit films,
videos or live entertainment in sexually oriented businesses.
(a) A person who operates or causes to be operated a sexually oriented business,
other than an adult motel, which exhibits on the premises films, motion pictures,
slides, video cassettes, live entertainment, or other video or visual reproductions
which depict specified sexual activities or specified anatomical areas, shall
comply with the following requirements:
(1) Upon application for a sexually oriented business license, the application
shall be accompanied by a diagram of the premises showing the location
of the manager's station(s), the location of all overhead lighting fixtures
and the designation of any portion of the premises in which patrons will
not be permitted. A manager's station may not exceed sixty-four (64)
square feet of floor space. The manager's station may not be less than
four (4) feet wide in any one (1) dimension. The diagram shall also
designate the place at which the permit will be conspicuously posted, if
granted. A professionally prepared diagram in the nature of an engineer's
or architect's blueprint shall not be required; however, each diagram
should be oriented to the north or to some designated street or object and
should be drawn to a designated scale or with marked dimensions
sufficient to show the various internal dimensions of all areas of the
interior of the premises to an accuracy of plus or minus six (6) inches.
The diagram shall also include all locations where live entertainment will
occur noting the marked six-foot zone required in section 7-96. The city
may waive the foregoing diagram for renewal applications if the applicant
adopts a diagram that was previously submitted and certifies that the
configuration of the premises has not been altered since it was prepared.
(2) The application shall be sworn to be true and correct by the applicant(s).
(3) If the sexually oriented business has one (1) manager's station
designated pursuant to section 7-92(a)(1) of this article, then the interior
of the sexually oriented business shall be configured in such a manner
that there is an unobstructed view of every area of the sexually oriented
business to which any patron is permitted access for any purpose, except
designated restrooms, from that manager's station. If the sexually
oriented business has two (2) or more manager's stations designated
pursuant to section 7-92(a)(1) of this article, then the interior of the
premises shall be configured in such a manner that there is an
unobstructed view of each area of the premises to which any patron is
permitted access for any purpose, except for designated restrooms, from
at least one (1) of the manager's stations. The view required in this
subsection must be by direct line of sight from the manager's station.
(4) It shall be the duty of the licensee and operator, and it shall also be the
duty of any agents and employees present in a sexually oriented
business, to ensure that the view area specified in subsection (3) remains
unobstructed by any doors, partitions, screens, merchandise, display
racks, tinted glass or other materials at all times that any patron is present
in the sexually oriented business, and to ensure that no patron is
permitted access to any area of the premises which has been designated
as an area in which patrons will not be permitted in the plan filed pursuant
to section 7-92 of this article.
(5) The premises shall be equipped with overhead lighting fixtures of
sufficient intensity to illuminate every place to which patrons are permitted
access at an illumination of not less than three (3.0) foot candles as
measured three (3)feet above floor level.
(6) It shall be the duty of the licensee and operator to ensure that the
illumination described is maintained at all times that any patron is present
in the premises.
(7) In addition to any other requirements of this article, no adult arcade or
adult mini-theatre shall be configured in such a manner as not to have
any opening in any partition, screen, wall or other barrier that separates
viewing areas for arcade devices or adult mini-theatre devices from other
viewing areas for arcade devices or adult mini-theatre devices. This
provision shall not apply to conduits for plumbing, heating, air
conditioning, ventilation or electrical service, provided that such conduits
shall be so screened or otherwise configured as to prevent their use as
openings that would permit any portion of a human body to penetrate the
wall or barrier separating viewing areas.
(8) It shall be the duty of the licensee and operator and it shall also be the
duty of any agents and employees present in an adult arcade or adult
mini-theatre to ensure that the premises is monitored to assure that no
openings are allowed to exist in violation of subsection (7), above, and to
ensure that no patron is allowed access to any portion of the premises
where any opening exists in violation of subsection (7), above, until the
opening has been repaired.
(9) It shall be unlawful for a person to make or attempt to make an opening of
any kind in the walls in an adult arcade or adult mini-theatre.
(10) The licensee and operator shall, during each business day, ensure that
the walls in an adult arcade or adult mini-theatre are regularly inspected
to determine if any openings or holes exist.
(11) The licensee and operator shall cause all floor coverings in adult arcades
or adult mini-theatres to be nonporous, easily cleanable surfaces, with no
rugs or carpeting.
(12) The licensee and operator shall cause all wall surfaces and ceiling
surfaces in all adult arcades and adult mini-theatres to be constructed of,
or permanently covered by, nonporous, easily cleanable material. No
wood, plywood, composition board or other porous material shall be used
within forty-eight (48) inches of the floor.
(13) The licensee and operator shall cause all areas open to patron use to be
maintained in a clean manner, free from human waste products, semen,
needles and trash.
(14) Employees of the city shall have access to any part of the premises at
any time the business is open.
(15) It shall be the duty of the licensee and operator of each sexually oriented
business licensed and operated under section 7-92 to ensure that at least
one (1) person who is charged with the responsibility for the operation of
the premises is on duty and situated in each manager's station
designated pursuant to section 7-92(a)(1) of this article at all times that
any patron is present in the sexually oriented business or, in the instance
of an adult cabaret, at all times that an entertainer is present on the
premises.
(b) A person having a duty or responsibility under subsection (1) through (15) of
subsection (a) above commits a misdemeanor if he or she intentionally,
knowingly, or recklessly fails to fulfill that duty or responsibility.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-93. Additional regulations for escort agencies.
(a) An escort agency shall not employ any person under the age of eighteen (18)
years.
(b) A person commits an offense if any person under the age of eighteen (18) years
acts as an escort or agrees to act as an escort for any person.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-94. Additional regulations for nude model studios.
(a) A nude model studio shall not employ any person under the age of eighteen (18)
years.
(b) A person under the age of eighteen (18) years commits an offense if the person
appears semi-nude or in a state of nudity in or on the premises of a nude model
studio. It is a defense to prosecution under this subsection if the person under
eighteen (18) years was in a restroom not open to public view or visible to any
other person.
(c) A person commits an offense if the person appears in a state of nudity, or
knowingly allows another to appear in a state of nudity in an area of a nude
model studio premises which can be viewed from the public right of way.
(d) A nude model studio shall not place or permit a bed, sofa, mattress or similar
item used for sleep or rest in any room on the premises, except that a sofa may
be placed in a reception room open to the public.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-95. Prohibition against persons younger than twenty-one in a
sexually oriented business.
(a) A person commits a misdemeanor if the person intentionally, knowingly,
recklessly or negligently allows a customer under the age of twenty-one (21)
years on the premises of a sexually oriented business during the hours of
operation.
(b) It shall be the duty of the licensee and operator of each sexually oriented
business to ensure that an attendant is stationed at each public entrance to the
sexually oriented business at all times during such sexually oriented business'
regular business hours. It shall be the duty of the attendant to not allow any
customer under the age of twenty-one (21) years to enter the sexually oriented
business. It shall be presumed that an attendant knew a customer was under the
age of twenty-one (21) unless such attendant asked for and was furnished:
(1) A valid operator's, commercial operator's, or chauffeur's drivers license;
(2) A valid personal identification certificate issued by the Texas Department
of Public Safety reflecting that such person is twenty-one (21) years of
age or older; or
(3) Identification card issued by the State of Texas, the military or the United
States or a foreign country.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-96. Operating requirements.
(a) The following shall be unlawful at a sexually oriented business:
(1) For any person to be nude in a premises licensed hereunder, unless
performing in accordance with (5) below. Private rooms at adult motels,
public restrooms, and employees' designated dressing rooms that are not
visible or accessible to patrons are excepted from this prohibition;
(2) For any employee, licensee, operator, or manager to allow any patron, to
be in a state of nudity or a semi-nude condition at a premises licensed
hereunder;
(3) For any person to counterfeit, forge, change, deface, duplicate or alter a
license issued hereunder;
(4) For any person to offer or accept any gratuity at a sexually oriented
business unless it is done pursuant to this subsection: specifically,
gratuities being offered to any person performing nude or semi-nude must
be placed in a receptacle provided for receipt of gratuities or delivered
hand-to-hand. If the gratuity is delivered hand-to-hand, the entertainer
and the customer may not touch and the hand of each shall be extended
at least one foot (1) from their torsos. A receptacle may not be located on
any person or their clothing;
(5) For any person performing nude at an enterprise to do so less than six (6)
feet from the nearest patron and on a stage less than eighteen (18)
inches above floor level;
(6) For the licensee or operator of a premise licensed hereunder to allow any
location within the sexually oriented business to be used for the purpose
of nude live exhibitions unless it is marked with clear indications of the
six-foot zone. The absence of this demarcation will create a presumption
that there have been violations of these regulations during performances
in unmarked areas;
(7) For any person to possess or consume any alcoholic beverage on the
premises licensed hereunder unless such possession and/or
consumption is authorized by a permit or license issued pursuant to the
Texas Alcoholic Beverage Code;
(8) For the intensity of illumination at every place that patrons are permitted
access to be less than three (3) foot candies as measured at three (3)
feet above floor level;
(9) For any touching or contact to occur between an entertainer and a
customer while engaging in entertainment or while exposing any specified
anatomical areas or engaging in any specified sexual activities. It shall be
unlawful for any entertainer or customer to knowingly or recklessly cause
any contact between such entertainer or customer;
(10) For a sexually oriented business licensee to fail to post and maintain a
sign at each entrance to said business, with a white background and
block letters of at least one (1) inch in height stating the provisions of
subsection (9) of this section;
(11) For any entertainer or customer to be within one (1) foot of each other
while the entertainer is engaging in entertainment or while exposing any
specified anatomical areas or engaging in any specified sexual activities,
except for providing gratuities in accordance with (a)(4) above;
(12) For any employee to engage in entertainment or to expose any specified
anatomical areas or engage in any specified sexual activities in the
presence of a customer in any separate area within a sexually oriented
business to which viewing entry or access is blocked or obscured by any
door, curtain or other barrier separating entry to or viewing of such area
from any other area of the sexually oriented business;
(13) For the licensee, operator, or any agent or employee present in an adult
arcade or adult mini-theatre to knowingly or recklessly allow or permit any
act of sexual intercourse, sodomy, oral copulation, indecent exposure,
lewd conduct or masturbation to occur in the adult arcade or adult mini-
theatre or to knowingly or recklessly allow or permit the adult arcade or
adult mini-theatre to be used as a place in which solicitation for sexual
intercourse, sodomy, oral copulation, lewd conduct or masturbation occur;
(14) For any licensee, operator, or manager in any sexually oriented business
to permit any employee to provide any entertainment to any customer in
any separate area within a sexually oriented business to which viewing
entry or access is blocked or obscured by any door, curtain or other
barrier, regardless of whether entry to such separate area is by invitation,
admission fee, club membership fee or any form of gratuity or
consideration;
(15) For any licensee, operator or manager of a sexually oriented business to
fail or refuse to grant immediate access by any police officer, city fire
department official or health officer to any portion of the premises of the
sexually oriented business, upon request, for purpose of inspection of
such premises for compliance with this article, or any other applicable
law;
(16) For any licensee, operator or manager of a sexually oriented business to
fail to ensure that at least one on-site manager for each manager station
is on duty on the premises at all times during which the sexually oriented
business is open for business or during which customers are on the
premises, except in the instance of adult cabarets as provided in 7-
92(a)(15);
(17) For any licensee, operator or manager of a sexually oriented business to
fail to ensure that all persons acting as managers or employees on the
premises hold licenses under section 7-83 of this article, that entertainers
comply with section 7-96 of this article, and that managers have their
employee license on their person at all times and conspicuously display
identification as a manager; or
(18) For any licensee, operator or manager to fail to maintain a complete list of
all persons, including names and addresses, who both conduct any
business on the premises and are required to obtain a license under
section 7-83 of this article.
(b) A person commits a misdemeanor if the person intentionally, knowingly or
recklessly violates any of the provisions of section 7-96.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-97. Hours of operation.
No sexually oriented business, except for an adult motel or escort services, may
remain open at any time between the hours of 2:00 a.m. and 8:00 a.m. on weekdays and
Saturdays, and 2:00 a.m. and 3:00 p.m. on Sundays.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-98. Discrimination.
No sexually oriented business shall prohibit entry to the licensed premises based
on race, sex, religion or national origin.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-99. Injunction.
A person who operates or causes to be operated a sexually oriented business
without a valid license or in violation of this article is subject to a suit for any injunction as
well as prosecution for criminal violations.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-100. Penalty for article violations.
(a) The intentional, knowing, or reckless violation of any provision of this article,
including the doing of anything which is herein prohibited or declared to be
unlawful or the failure to do anything or perform any duty which is required
herein, shall be punishable as provided by section 243.010(b) of the Local
Government Code or any successor statute. Each day that any violation shall
continue shall constitute and be punishable as provided by section 243.01(b) of
the Local Government Code. Each day that any violation shall continue shall
constitute and be punishable as a separate offense.
(b) The revocation or suspension of any permit shall not prohibit the imposition of a
criminal penalty, and the imposition of a criminal penalty shall not prevent the
revocation or suspension of a permit.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-101. Notice.
(a) Any notice required to be given by the city or any agent/employee of the city
under these regulations to any application or sexually oriented business
applicant, licensee, operator or employee may be given by personal delivery or
by United States mail, postage prepaid, addressed to the most recent address as
specified in the application for the sexually oriented business or sexually oriented
business employee application or the most recent notice of address change.
(b) Mailed notice shall be deemed served three (3) days after deposit in the United
States mail.
(c) In the event that notice given by mail is returned by the postal service as
undeliverable, it shall be presumed that the sexually oriented business or
employee did not comply with the affirmative duty to notify the city clerk and
police chief of any change of address, unless the sexually oriented business or
employee can show there was error on the part of the post office, and:
(1) In the case of notice in connection with a sexually oriented business, the
police chief may have the notice posted at the entrance to the sexually
oriented business; or
(2) In the case of notice in connection with a sexually oriented business
employee license, the police chief shall suspend the sexually oriented
business employee license until the applicant/holder contacts the city
clerk and police chief with a current address. A licensee that conducts
business or acts as an employee under a suspended license pursuant to
this section shall be in violation each and every day that she/he conducts
business in the city.
(d) When notice is required to the city, city clerk, or police chief, such notice may be
delivered and provided in person or by certified mail.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-102. Sexually oriented business employee records.
(a) A sexually oriented business has the duty to keep the following information on file
on site for each person employed at the sexually oriented business:
(1) The full legal name, professional or performing names and any other
names used by the employee;
(2) A photocopy of the employee's valid driver's license or Texas Department
of Public Safety identification card and their sexually oriented business
employee license;
(3) The current address and telephone number of the employee;
(4) Employee's height, weight, eye color and natural hair color;
(5) A photograph of the employee taken within one (1) month immediately
preceding the date of employment and updated every year; and
(6) A description of the capacity in which the employee is employed.
(b) The sexually oriented business has the duty to maintain and make available
these records for inspection by the police, city attorney, or their designees. The
city attorney shall prepare and the city clerk shall provide a standard format for
these records. These records shall include a time record reflecting the times and
dates each employee worked. Time records shall be available for inspection by
the police, city attorney, or their designees on-site during the hours of operation
of the sexually oriented business for thirty (30) days. These records shall be
retained for at least a period of two (2) years from creation. Upon written request,
the sexually oriented business has a duty to provide a copy of the records to the
police, the city clerk, the city attorney or the city manager within seven (7)
business days of the request.
(c) Any employee who provides false information to any sexually oriented business
pursuant to this section violates these regulations.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-103. Signage.
(a) Notwithstanding section 30-28 of the Code of Ordinances or any other city
ordinance, code or regulation to the contrary, it shall be unlawful for the licensee
or operator of any sexually oriented business or any other person to erect,
construct, or maintain any sign for the sexually oriented business other than one
(1) primary sign and one (1) secondary sign, as provided herein.
(b) Primary signs shall have no more than two (2) display surfaces. Each such
display surface shall:
(1) Not contain any flashing lights;
(2) Be a flat plane, rectangular in shape;
(3) Not exceed fifty (50) square feet in area; and
(4) Not exceed ten (10) feet in height or ten (10)feet in length.
(c) Primary signs shall contain no photographs, silhouettes, drawings or pictorial
representations of any manner, and may contain only:
(1) The name of the sexually oriented business; and/or
(2) One (1) or more of the following phrases:
a. "Adult bookstore;"
b. "Adult motion picture theatre;"
C. "Adult video store;"
d. "Adult cabaret;"
e. "Adult motel;"
f. "Adult novelty store;"
g. "Adult theatre;"
h. "Adult arcade;"
i. "Adult mini-theater;"
j. "Nude model studio;"
k. "Sexual encounter center;" or
I. "Gentlemen's club."
(3) Primary signs for adult motion picture theatres may contain the additional
phrase, "Movie Titles Posted on Premises."
(d) Each letter forming a word on a primary sign shall be of a solid color, and each
such letter shall be the same print-type, size and color. The background behind
such lettering on the display surface of a primary sign shall be of a uniform and
solid color.
(e) Secondary signs shall have only one (1) display surface. Such display surface
shall:
(1) Be a flat plane, rectangular in shape;
(2) Not exceed twenty (20) square feet in area;
(3) Not exceed five (5) feet in height and four (4)feet in width; and
(4) Be affixed or attached to any wall or door of the sexually oriented
business.
(f) The provisions of item (1) of subsection (b) and subsections (c) and (d) shall also
apply to secondary signs.
(g) Any sign located on the premises of a commercial multi-unit center containing a
sexually oriented business that displays the name, or any portion of the name of
the sexually oriented business, any name under which any sexually oriented
business was formerly operated on the premises, or that contains any of the
terms set forth in item (2) of subsection (c) or any other terminology that is
commonly used to identify, or is associated with the presence of a sexually
oriented business, shall comply with all restrictions of this section. The intent of
this subsection is to prevent the use of signage identifying the commercial multi-
tenant center itself from being used as a subterfuge to evade the restrictions on
sexually oriented business signs set forth in this section.
(h) The signage requirements and restrictions set forth in this section shall not apply
to fixed and permanent signs in place at licensed sexually oriented businesses
on the date this ordinance is adopted. If a sign is destroyed, it may be replaced.
Any new signs or modifications of signs in place on the date this ordinance is
adopted shall meet the requirements of this section.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-104. Judicial review.
(a) Any licensee, operator or applicant of a sexually oriented business who is
aggrieved by a decision that denies, suspends, or revokes a license and who has
complied fully and timely with all applicable provisions pertaining to appeals of
decisions in this article may seek appropriate judicial relief by writ of mandamus
or other available remedy in a court of competent jurisdiction.
(b) The person aggrieved by the decision of the city may seek judicial review of such
decision immediately following the decision.
(c) The decision of the hearings official suspending or revoking a license under this
article shall be final as of the date written notice of the hearings official's decision
is given pursuant to section 7-101 to the licensee or operator of the sexually
oriented business, but, in order to afford the license holder an opportunity to seek
judicial review, shall not be effective for purposes of enforcement of the decision
by the hearings officer or city until the tenth day following such notice. If the
license holder initiates litigation for the purpose of seeking judicial review within
the ten-day period, then the decision shall not be effective for purposes of
enforcement prior to the thirtieth day following such notice. This subsection shall
apply only to a decision sustaining the suspension or revocation of a license for
an existing sexually oriented business and shall not apply to a decision
sustaining the denial of an initial application for a proposed sexually oriented
business.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-105. Hearing.
(a) When the city manager receives a written request for a hearing concerning the
denial of a license or the suspension or revocation of a license, the city manager
shall forward the written request to the city attorney for review. The city attorney
shall review the request and determine whether the written request complies with
the requirements of this article. Upon notification by the city attorney that the
request is in compliance with this article, the city manager shall initiate the public
hearing procedure, as follows:
I (1) The city manager shall appoint a heaF*R6-e#+ehearings officer and a date
and location shall be set for the public hearing.
(2) The city clerk or his/her designee shall send the person requesting the
hearing and/or licensee a written notice at least ten (10) days in advance
and shall make a copy of the notice of hearing available to the public.
(3) The h9aF+ag-e€fiehearings officer may reschedule the hearing for good
cause. If rescheduled, new notice of hearing shall be posted as provided
herein.
(4) The person requesting the hearing may request that a court reporter
make a record of the hearing. This request must be made at least two (2)
days prior to the hearing and all costs associated with the court reporter
and the cost of making an official record and one (1) transcript for the city
I shall be borne by the person requesting the hearing. The heaFii;g
ef#ishearinas officer shall arrange for a court reporter to make a record of
the hearing, including exhibits and testimony.
(b) The hearing shall be conducted by the hearings officer under the following
guidelines. The heaFiRg-e#+shearings officer shall liberally construe these
guidelines.
(1) Parties may be assisted by counsel;
(2) Parties may expressly waive the right to counsel;
I (3) The heaFiRg-e#ishearings official shall, upon proper request, provide for
appropriate facilities for any disabled person to be able to participate in
the hearing. This shall include, but not be limited to: interpreters for deaf
or hearing impaired participants, wheelchair access and special seating
arrangements;
(4) Participants in the proceeding may supply interpreters for language
translation and the heariRg e#ishearings officer shall accommodate the
translation of proceedings;
(5) The h9aFiag Oishearings officer may exclude evidence that is irrelevant,
immaterial, or unduly repetitious. Relevancy and materiality shall be
evaluated by the relation of the evidence to the nature of the hearing, i.e.
initial application, renewal, or revocation, etc.;
(6) If no request is made for an official record, any person may record, video
tape or transcribe the hearing providing there is no interference with the
proceeding. The heaF*R@ AiGhearings officer shall have the power to limit
any interference with the proceeding.
(c) The #eat-e##ishearings officer may continue a hearing to a date not later than
ten (10) days after the initial hearing if:
(1) The hearing has lasted at least two and one-half (2 1/2) hours and it
appears to the #yea -Aishearings officer that a significant amount of
time is required to fully present the public concerns and/or matters related
to the issue before the heaFiR9 O ishearings official; or
(2) The parties need additional time to develop a solution to issues identified
at the hearing.
(3) A continuation shall not be for the purpose of delay or developing new
evidence.
(d) After the conclusion of the public hearing, the heaFiRg e##+shearings officer shall,
within five (5) business days after the conclusion of the hearing, produce a
written statement containing the heaFeRg Aishearings officer's findings of fact,
conclusions of law, and/or recommendations as they would relate to the issue(s)
pending before the heaFiag-e#ishearings officer. This written statement shall be
forwarded to the city attorney, the applicant or licensee, and the party who
requested the hearing (if appropriate). If no official record of the hearing has
been requested, the hearef#ishearings officer's statement shall be the official
record of the public hearing. The written decision of the flea Air.hearings
officer shall be final, subject to judicial review.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-106. Lost or stolen license.
(a) If a sexually oriented business or business employee license is lost, stolen, or
destroyed, a replacement may be obtained by filing a lost license application with
the police chief or his designee and paying a replacement fee.
(b) A replacement license shall be issued upon confirmation of the identity of the
applicant and status of the license through the records of the city clerk and police
department.
(1) A replacement license will expire on the same date as the original license.
(2) A replacement license for a sexually oriented business employee will be
assigned a new license number.
(c) The claim that a license was lost or stolen shall not be a defense to prosecution
for conducting business or engaging in employment if the business operates or
the employee works without a valid license being displayed as required in this
article.
(d) A license issued pursuant to this article which is found in the possession of any
person other than the authorized license holder may be immediately seized by
any law enforcement officer who shall then forward the license to the chief of
police.
t •
(e) It shall be a misdemeanor for any person, other than the authorized licensee, to
display or use any license issued pursuant to this article.
(Ord. No. 00-10, § 1, 1-25-00)
ARTICLE VII. PAWN SHOPS AND PAWNBROKERS
Sec. 7-121. Electronic recordkeeping required.
(a) Any and all pawn shops and pawnbrokers doing business within the city shall,
beginning on the effective date of the ordinance from which this section derived,
register with leadsonline at www.leadsonline.com and shall upload on at least a
daily basis, all information relating to personal property purchased, received or
otherwise acquired by such pawn shop or pawnbroker to the database
maintained by leadsonline.
(b) There shall be no direct cost to the pawn shop or pawn broker associated with
registration with leadsonline or with the uploading of the information required by
this ordinance, other than the cost of computers and internet service.
(c) All costs charged for the use of the leadsonline service shall be borne by the
police department of the city from its current budget.
(d) It shall be a defense to compliance with this section if the pawn shop or
pawnbroker is able to prove that a power failure or a computer system
malfunction prohibited timely entry of the required data into leadsonline and the
pawn shop or pawnbroker promptly uploaded the required data within 24 hours of
computer system restoration.
Should a pawn shop or pawnbroker fail to maintain an operable computer system so as
to prohibit the pawnshop or pawn broker from complying with this section, then the pawn
shop or pawnbroker may be cited for failure to comply with this section.
(e) The failure of any pawn shop or pawnbroker to strictly comply with the provisions
of this section shall be deemed a misdemeanor and shall be punishable by a fine
not to exceed five hundred dollars ($500.00) per violation. A separate offense
shall be deemed committed upon each day during or on which a violation occurs
or continues.
(Ord. No. 06-027, §§ 1--5, 5-9-06)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 7, ARTICLE
IV, SECTION 7-61, SUBSECTIONS 7-63(a) AND (c), ARTICLE VI,
SECTIONS 7-82 AND 7-84, SUBSECTIONS 7-88(d), 7-89(d) AND
(e) AND 7-104(c) AND SECTION 105; AND REPEALING
CHAPTER 7, ARTICLE I, SECTIONS 7-1 THROUGH 7-12 AND
ARTICLE II, DIVISION 1, SECTIONS 7-20 THROUGH 7-26 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 7, Article I, Sections 7-1 through 7-12 and Article ll, Division
1, Sections 7-20 through 7-26, be and the same are hereby repealed.
Section 2.
That Chapter 7, Article IV, Section 7-61, be and the same is hereby
amended to amend the following definitions to read as follows:
Sec. 7-61. Definitions.
Business means an activity carried on by any person who buys or
exchanges for used jewelry, money, silverware, or precious metal, as defined in
this section, for profit. The term "business" shall not include occasional
purchases, sales or exchanges made by a hobbyist, nor shall it include activities
regulated by the Texas Pawnshop Act (Chapter 371, Texas Finance Code).
Dealer means any person who buys or exchanges used jewelry, money,
silverware, or precious metal in the course of business, but does not include
persons regulated by the Texas Pawnshop Act (Chapter 371, Texas Finance
Code).
Section 3.
That Chapter 7, Subsections 7-63(a) and (c) be and the same are hereby
amended to read as follows:
Sec. 7-63. Issuance of permit, fee.
(a) Upon receipt of the application, the chief of police shall issue a permit
upon the payment of a fee of fifty dollars ($50.00); provided, however, no
permit shall be issued to any applicant who has been found guilty by a
court of competent jurisdiction within the preceding ten (10) years of a
criminal offense against property defined in Title 7 of the Texas Penal
Code, provided further that violation of any provision of this article shall be
grounds for denial of such permit. Permits issued hereunder shall be valid
for a period of five (5) years.
(c) Upon receipt of an application, the chief of police may, upon request,
issue a temporary permit upon the payment of a fee of twenty-five dollars
($25.00) which shall be issued upon the same terms and conditions as
five-year permits, but which shall be valid for thirty (30) days from the date
of issuance.
Section 4.
That Chapter 7, Article VI, Section 7-82 be and the same is hereby
amended to amend the following definition to read as follows:
Sec. 7-82. Definitions.
Hearings officer means an attorney licensed by the Supreme Court of the
State of Texas who is not an employee of the city.
Section 5.
That Chapter 7, Article VI, Section 7-84 be and the same is hereby
amended by adding subsections 0) and (k) to read as follows:
Sec. 7-84. License--Issuance or denial.
Q) Upon denial of a license, the applicant shall have the opportunity to
appear before a hearings officer appointed by the city manager upon
written request submitted to the city manager within ten (10) business
days of delivery of the notice of denial. The hearing shall be held within
fourteen (14) business days of receipt of the request for a hearing on the
application and the applicant and the city attorney or his designee shall be
provided an opportunity to present evidence and cross-examine
witnesses.
(k) Upon a finding from a preponderance of the evidence presented at the
hearing that cause exists for denial of the license, the hearings officer
shall order the application be denied. The applicant may not reapply for a
period of one (1) year. The hearings officer shall issue a written order to
the applicant pursuant to this article.
Section 6.
That Chapter 7, Article VI, Subsection 7-88(d) be and the same is hereby
amended to read as follows:
(d) Upon finding from a preponderance of the evidence presented at the
hearing that cause exists for suspending the license, the hearings officer
shall suspend the license for a period not to exceed sixty (60) days. The
hearings officer shall issue a written order suspending the license effective
upon notice to the licensee pursuant to this article.
Section 7.
That Chapter 7, Article VI, Subsections 7-89(d) and (e) be and the same
are hereby amended to read as follows:
Sec. 7-89. Revocation.
(d) The licensee shall have the opportunity to appear before a hearings officer
appointed by the city manager upon written request submitted to the city
manager within ten (10) business days of delivery of the notice of
revocation. The hearing shall be held within fourteen (14) business days of
receipt of the request for a hearing on the license and the licensee and the
city attorney or his designee shall be provided an opportunity to present
evidence and cross-examine witnesses.
(e) Upon a finding from a preponderance of the evidence presented at the
hearing that cause exists for revocation of the license, the hearings officer
shall order the license to be revoked for a period of one (1) year. The
hearings officer shall issue a written order revoking the license effective
upon notice to the licensee pursuant to this article.
Section 8.
That Chapter 7, Article VI, Subsection 7-104(c) be and the same is hereby
amended to read as follows:
Sec. 7-104. Judicial review.
(c) The decision of the hearings official suspending or revoking a license
under this article shall be final as of the date written notice of the hearings
official's decision is given pursuant to section 7-101 to the licensee or
operator of the sexually oriented business, but, in order to afford the
license holder an opportunity to seek judicial review, shall not be effective
for purposes of enforcement of the decision by the hearings officer or city
until the tenth day following such notice. If the license holder initiates
litigation for the purpose of seeking judicial review within the ten-day
period, then the decision shall not be effective for purposes of
enforcement prior to the thirtieth day following such notice. This
subsection shall apply only to a decision sustaining the suspension or
revocation of a license for an existing sexually oriented business and shall
not apply to a decision sustaining the denial of an initial application for a
proposed sexually oriented business.
Section 9.
That Chapter 7, Article VI, Section 7-105 be and the same is hereby
amended to amend to read as follows:
Sec. 7-105. Hearing.
(a) When the city manager receives a written request for a hearing
concerning the denial of a license or the suspension or revocation of a
license, the city manager shall forward the written request to the city
attorney for review. The city attorney shall review the request and
determine whether the written request complies with the requirements of
this article. Upon notification by the city attorney that the request is in
compliance with this article, the city manager shall initiate the public
hearing procedure, as follows:
(1) The city manager shall appoint a hearings officer and a date and
location shall be set for the public hearing.
(2) The city clerk or his/her designee shall send the person requesting
the hearing and/or licensee a written notice at least ten (10) days in
advance and shall make a copy of the notice of hearing available to
the public.
(3) The hearings officer may reschedule the hearing for good cause. If
rescheduled, new notice of hearing shall be posted as provided
herein.
(4) The person requesting the hearing may request that a court
reporter make a record of the hearing. This request must be made
at least two (2) days prior to the hearing and all costs associated
with the court reporter and the cost of making an official record and
one (1) transcript for the city shall be borne by the person
requesting the hearing. The hearings officer shall arrange for a
court reporter to make a record of the hearing, including exhibits
and testimony.
(b) The hearing shall be conducted by the hearings officer under the following
guidelines. The hearings officer shall liberally construe these guidelines.
(1) Parties may be assisted by counsel;
(2) Parties may expressly waive the right to counsel;
(3) The hearings official shall, upon proper request, provide for
appropriate facilities for any disabled person to be able to
participate in the hearing. This shall include, but not be limited to:
interpreters for deaf or hearing impaired participants, wheelchair
access and special seating arrangements;
(4) Participants in the proceeding may supply interpreters for language
translation and the hearings officer shall accommodate the
translation of proceedings;
(5) The hearings officer may exclude evidence that is irrelevant,
immaterial, or unduly repetitious. Relevancy and materiality shall be
evaluated by the relation of the evidence to the nature of the
hearing, i.e. initial application, renewal, or revocation, etc.;
(6) If no request is made for an official record, any person may record,
video tape or transcribe the hearing providing there is no
interference with the proceeding. The hearings officer shall have
the power to limit any interference with the proceeding.
(c) The hearings officer may continue a hearing to a date not later than ten
(10) days after the initial hearing if:
(1) The hearing has lasted at least two and one-half (2 1/2) hours and
it appears to the hearings officer that a significant amount of time is
required to fully present the public concerns and/or matters related
to the issue before the hearings official; or
(2) The parties need additional time to develop a solution to issues
identified at the hearing.
(3) A continuation shall not be for the purpose of delay or developing
new evidence.
(d) After the conclusion of the public hearing, the hearings officer shall,
within five (5) business days after the conclusion of the hearing,
produce a written statement containing the hearings officer's
findings of fact, conclusions of law, and/or recommendations as
they would relate to the issue(s) pending before the hearings
officer. This written statement shall be forwarded to the city
attorney, the applicant or licensee, and the party who requested the
hearing (if appropriate). If no official record of the hearing has been
requested, the hearings officer's statement shall be the official
record of the public hearing. The written decision of the hearings
officer shall be final, subject to judicial review.
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
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 11.
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
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 6th
day of March, 2007.
- Mayor Guy N. Goodson -
2
March 6, 2007
Consider approving amendments to Chapter 10 of the Code of Ordinances
City Council Agenda Item
A ` OL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 26, 2007
REQUESTED ACTION: Council consider amendments to Chapter 10 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 10 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
10, related to fire protection and prevention, were provided to the City Council for review.
Following the plan, Chapter 10 is being brought forward for consideration and approval.
Additional chapters will be brought forward in subsequent weeks until the full review is complete.
BUDGETARYIMPACT
The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating
Budget.
Chapter 10 FIRE PROTECTION AND PREVENTION*
*Editor's note: Ord. No. 96-66, § 2, adopted November 5, 1996, amended the Code
by repealing Ch. 10, §§ 10-1--10-3 and 10-20--10-27, in its entirety, and adding a new
Ch. 10, §§ 10-1 and 10-2. Former Ch. 10 pertained to similar subject matter, and derived
from the Code of 1958, §§ 13-1(a), 13-2, 13-3, 13-4.1, 13-18, 13-20 and 23-2.1 and the
following ordinances:
TABLE INSET:
Ord.No.
76-3 1-6-76
81-69 9-8-81
83-04 1-18-83
83-40 4-19-83
83-60 6-7-83
86-3 1-14-86
TABLE INSET:
Ord.No.
89-15 3-7-89
89-64 8-22-89
91-18 2-26-91
91-19 2-26-91
96-17 3-5-96
Cross references: Heliports and helistops, § 2 1/4-21 et seq.; adoption of building
code regulating construction of buildings, § 6-20; city electrical code, § 6-50 et seq.;
prohibitions and restrictions on the sale or discharge of fireworks within the city, § 18-1
et seq.; civil service for fire department, § 21-71.
State law references: City powers relevant to fire prevention, VTCS, Arts. 1067--
1070a, 1175(27).
Sec. 10-1. International Fire Code adopted.
The International Fire Code, 2003 Edition, including appendix chapters A through
G, as published by the International Code Council, Inc., is hereby adopted as the fire
prevention code of the city, a copy of which code is on file in the city clerk's office.
(Ord. No. 96-66, § 2, 11-5-96; Ord. No. 98-68, § 1, 11-3-98; Ord. No. 03-078, § 1, 10-7-
03)
Sec. 10-2. Amendments to code.
Section 101.1 shall be amended to read as follows:
Section 101.1 These regulations shall be known as the Fire Code of the City of
Beaumont, hereinafter referred to as 'this code.'
Section 108.1 of the International Fire Code is amended such that the "board of
adjustments and appeals as established by section 108 shall be the construction board
of adjustments and appeals" as established by chapter 6 of the Code of Ordinances of
the City of Beaumont.
Section 109.3 shall be amended to read as follows:
Section 109.3 Persons who shall violate a provision of this code or shall failed
{#ail-to comply with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation of the approved construction documents or
directive of the fire code official, or of a permit ef- or certificate used under
provisions of this code, shall be guilty of a Class C Misdemeanor, punishable by
a fine of not more than $2,000. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
Section 111.4 shall be amended to read as follows:
Section 111.4 Any person who shall continue any work after having been served
with a stop work order, except such work as that person is directed to perform to
remove a violation or unsafe condition, shall be liable to a fine of not more than
$2,000.
A new Section 901.5.2 shall be added to read as follows:
Section 901.5.2. Any company installing a fire detection and alarm system, a fire-
extinguishing system, a fire sprinkler system, a fire standpipe system, or any
other fire protection system, shall test the installation for proper operation and
code compliance prior to scheduling an acceptance test with the fire marshal's
office. Failure to meet these requirements will result in a reinspection fee of
$100.00.
Section 903.4 shall be amended to add the following language:
The sprinkler system shall be supervised by a fire alarm panel separate from any
other fire alarm panel unless otherwise approved by the fire code official.
Section 907.2 shall be amended as follows:
Section 907.2.1 through 907.2.11 shall be replaced with the following wording:
Section 907.2.1. An approved, automatic, total coverage fire alarm
system meeting the requirements of NFPA 72 shall be installed in the
following buildings:
(a) Group A - In all buildings exceeding two thousand (2,000) square
feet.
(b) Group B - In all buildings exceeding two thousand (2,000) square
feet.
(c) Group E - In all buildings.
(d) Group H - In all buildings.
(e) Group I
(1) Unrestrained - In all buildings exceeding two thousand
(2,000) square feet.
(2) Restrained - In all buildings.
(f) Group M - In all buildings exceeding two thousand (2,000) square
feet.
(g) Group R - In all buildings exceeding two thousand (2,000) square
feet (except single-family dwellings or dwelling units within an
apartment house, condominium or townhouse having exterior
entrances to each unit).
(h) Group S - In all buildings exceeding two thousand (2,000) square
feet.
(i) In buildings with multiple tenants, each tenant space shall have it's
own fire alarm system unless otherwise approved by the fire code
official.
(j) With fire marshal approval, buildings protected throughout by an
approved sprinkler system meeting the requirements of NFPA 13
may install a fire alarm system meeting the requirements of NFPA
Life Safety Code 101. Additional coverage, equipment, and its
placement may be required by the fire marshal.
(k) After receiving notification of a fire or a fire alarm, a business
owner or his designated representative shall respond and arrive at
the alarm location within thirty (30) minutes.
Section 2204.3.3 shall be amended to add the following language:
The emergency control shall be connected to an approved alarm system which
will automatically transfer the alarm to an U.L. listed monitoring company.
A new Section 2204.3.8 shall be added to read as follows:
Section 2204.3.8 Unattended self-service stations shall be subjected to an
annual operating permit fee.
Section 2702 shall be amended to add the following definitions:
BEAUMONT TERMINAL - A freight terminal of a porter or motor carrier that
handles shipments of materials destined to or from the City of Beaumont so long
as the terminal is within the city limits.
REQUIRING PLACARDS - Any vehicle transporting hazardous materials in
sufficient quantity to require placarding as set forth in the Department of
Transportation Hazardous Materials Regulations.
HAZARDOUS MATERIALS ROUTE - The following streets and highways and
segments of streets and highways:
(1) Cardinal Drive (US Hwys 69, 96, 287) from IH-10 to east city limits.
(2) IH-10 from west city limits to east city limits.
(3) Eastex Freeway (US Hwys 69, 96, 287) from IH-10 to north city limits.
(4) Martin Luther King Parkway (Spur 380)from Cardinal Drive to IH-10 East.
(5) State Highway 105 from Eastex Freeway to west city limits.
(6) College Street (Hwy 90) from IH-10 to west city limits.
(7) From City Limits West to Hwy 124 to Cardinal Drive
(8) Maior Drive (Hwy 364) from Hwy 124 to Hwy 105
(9) In other areas specifically designated by the fire official.
A new Section 2704.14 shall be added to read as follows:
Section 2704.14. The storage of plastic and rubber material within the city limits
shall meet the following conditions:
(1) Such storage shall be accordance with the zoning laws of the city.
(2) The location of such storage shall be equipped with a fire sprinkler
system meeting the requirements of NFPA 13 for hazardous occupancy.
(3) The location of such storage shall be equipped with an automatic fire
alarm system meeting the requirements of NFPA 72.
(4) All offices, mechanical, maintenance and electrical rooms shall be
separated from the location of such storage by at least a one-hour fire
separation.
(5) A one-hour fire and smoke partition shall be in place dividing all open
areas of such storage into sections no larger than twenty-five thousand
(25,000) square feet.
(6) Such storage shall only be allowed in type I, II, III, or IV structures as the
same are defined by the International Building Code.
Chapter 27 shall be amended to add a new Section 2706 to read as follows:
Section 2706.1 No person shall haul or transport any hazardous materials as
defined in this chapter in a tank vehicle as defined in this chapter, except upon
the streets or highways designated in the Hazardous Materials Route as defined
in this chapter.
(1) When it becomes necessary to leave the Hazardous Material Route for
the purpose of going directly to or from a commercial or industrial
establishment, said vehicle shall:
(a) Take the shortest route between the Hazardous Material Route
and the point of pickup and/or delivery.
(b) Use the established "truck routes" as defined in section 26-13 of
the Code of Ordinances of the City of Beaumont to the maximum
extent possible.
Section 2706.2 The operator of a vehicle used to transport hazardous materials
requiring placards shall:
(1) Apply and display appropriate placards meeting Department of
Transportation specifications on each end and each side of the vehicle;
and
(2) Before operation, inspect the vehicle and determine that:
(a) The brakes are in good working condition;
(b) The steering mechanism is in good working condition;
(c) The electrical wiring is well insulated and firmly secured; and
(d) The vehicle is in a condition adequate to safely transport
hazardous materials.
Section 2706.3 No operator of a motor vehicle transporting hazardous materials
as defined in the chapter shall transport those materials on any street or highway, or
segment of a street or highway, now or hereafter designated as a "prohibited hazardous
materials area."
Section 3204.3.1.1 shall be amended to read as follows:
Section 3204.3.1.1.
(A) Storage of flammable and combustible cryogenic liquids in tanks of ten
thousand (10,000) gallons or less may be established within the zoning
districts designated Heavy Industrial (H-1), Light Industrial (L-1) and
Commercial Manufacturing (C-M) as defined in Chapter 30 of the Code of
Ordinances and as found in the zoning map of the City of Beaumont, and
in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible cryogenic liquids in tanks
larger than ten thousand (10,000) gallons or as bulk storage in which the
materials are distributed either at wholesale or retail to customers may be
established within the zoning districts designated Heavy Industrial (H-1)
and Light Industrial (L-1) only after the issuance of a specific use permit as
provided in the zoning ordinance of the City of Beaumont and in
accordance with NFPA 30.
(C) The storage of flammable and combustible cryogenic liquids in tanks of
six-hundred sixty (660) gallons or less may be established within the
zoning districts designated General Commercial, Manufacturing Districts
(GC-MD) providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of
any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect
tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high.
The enclosed area must be secured, i.e.; gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3404.2.9.5.1 shall be amended to read as follows:
Section 3404.2.9.5.1.
(A) Storage of flammable and combustible liquids, liquified petroleum gas and
propane in tanks of ten thousand (10,000) gallons or less may be
established within the zoning districts designated Heavy Industrial (H-1),
Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in
Chapter 30 of the Code of Ordinances and as found in the zoning map of
the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas and
propane in tanks larger than ten thousand (10,000) gallons or as bulk
storage in which the materials are distributed either at wholesale or retail
to customers may be established within the zoning districts designated
Heavy Industrial (H-1) and Light industrial (L-1) only after the issuance of a
specific use permit as provided in the zoning ordinance of the City of
Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six-hundred
sixty (660) gallons or less may be established within the zoning districts
designated General Commercial, Manufacturing Districts (GC-MD)
providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of
any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect
tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high.
The enclosed area must be secured, i.e.: gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
A new Section 3404.2.11.3.1 shall be added to read as follows:
Section 3404.2.11.3.1. Underground storage tanks with a capacity of ten
thousand (10,000) gallons or more shall be installed on a twelve-inch thick, firm
concrete foundation and attached by means of not less than three (3) steel
anchor straps, each of which having a minimum dimension of one-quarter inch
thickness and two (2) inches width, or by means of other approved straps and
strapping methods, and fastened taut around the tank by turnbuckles or other
adjustable fittings which are capable of withstanding at least as much stress as
the straps.
Section 3406.2.4.4 shall be amended to read as follows:
Section 3406.2.4.4.
(A) Storage of flammable and combustible liquids, liquified petroleum gas and
propane in tanks of ten thousand (10,000) gallons or less may be
established within the zoning districts designated Heavy Industrial (H-1),
Light Industrial (L-1) and Commercial Manufacturing (C-M) as defined in
Chapter 30 of the Code of Ordinances and as found in the zoning map of
the City of Beaumont, and in accordance with NFPA 30.
(B) Bulk storage of flammable and combustible liquids, petroleum gas and
propane in tanks larger than ten thousand (10,000) gallons or as bulk
storage in which the materials are distributed either at wholesale or retail
to customers may be established within the zoning districts designated
Heavy Industrial (H-1) and Light Industrial (L-1) only after the issuance of a
specific use permit as provided in the zoning ordinance of the City of
Beaumont and in accordance with NFPA 30.
(C) The storage of flammable and combustible liquids in tanks of six-hundred
sixty (660) gallons or less may be established within the zoning districts
designated General Commercial, Manufacturing Districts (GC-MD)
providing that the following requirements are met:
(1) All tanks must be labeled.
(2) Tanks shall be double walled, installed at grade level.
(3) Tanks shall not be installed within 100 feet of the property line of
any established school, hospital, nursing home, day care center,
nursery school, or residential property.
(4) Guard posts or other approved means must be provided to protect
tanks from motor vehicle damage.
(a) Posts must be at least 4 inches in diameter and filled with
concrete.
(b) Posts must be at least 3 feet from the tank and spaced not
more than 4 feet apart.
(c) Posts must be at least 30 inches above grade and 33
inches below grade.
(5) Tanks must be enclosed in a chain link fence at least 6 feet high.
The enclosed area must be secured, i.e.; gates locked.
(Exception: Tanks in vaults or located on property with a perimeter
security fence.)
(6) Tanks, accessories and installation shall comply with the fire
prevention code including amendments, NFPA codes, ANSI
publications, ASTM and other applicable codes.
Section 3804.2 shall be amended to read as follows:
Section 3804.2. Within the limits established by law restricting the storage of
liquified petroleum gas for the protection of heavily populated or congested
areas, the aggregate capacity of any one installation shall not exceed a water
capacity of 2,000 gallons and may only be established within the zoning districts
designated Heavy Industrial (H-1), Light Industrial (L-1) and Commercial
Manufacturing (C-M) as defined in Chapter 30 of the Code of Ordinances and as
found in the zoning map of the City of Beaumont, and in accordance with NFPA
30.
In Appendix D:
Appendix D is amended to amend the minimum pavement width in cul-de-sacs to
reflect the current requirements in the Subdivision Regulations of sixty-six (66)
feet.
Section D103.6 The following language shall be added:
Approved signs are to be spaced at twenty-five foot intervals.
A new section D103.6.3 is hereby added to read as follows:
Section D103.6.3. As an alternative to signs, where the premises have
curbs, the words "FIRE LANE NO PARKING" may be painted:
(1) in four-inch white letters;
(11) on a red background;
(III) at twenty-five foot intervals.
(Ord. No. 96-66, § 2, 11-5-96; Ord. No. 98-68, § 2, 11-3-98; Ord. No. 00-66, § 1, 8-29-
00; Ord. No. 00-66, § 1, 8-29-00; Ord. No. 00-67, § 1, 8-29-00; Ord. No. 03-078, § 2, 10-
7-03; Ord. No. 04-002, § 1, 1-20-04)
Sec. 10-3. Fire service fees.
(a) The fire chief is hereby authorized to calculate fees for the following fire related
services based on the equipment, materials and labor necessary in each
instance to provide the fire service. The person in control of the property or the
person owning the property, real or personal, involved shall be responsible to pay
the amount charged for such services upon receipt of a bill.
(1) Response to and mitigation of a spill or release into the environment of a
hazardous material as defined in chapter 27 of the International Fire
Code.
(2) Response to and standby exceeding one (1) hour at the scene of a
potential release of a hazardous material as defined in chapter 27 of the
International Fire Code.
(3) Response to and mitigation of an unauthorized open burning associated
with land clearing or demolition activities.
(b) The following fees are hereby set for the following fire services or occurrence:
TABLE INSET:
Service Fees
(1) Annual inspection fee required for target hazards including but not limited
to hospitals, nursing homes, assisted living centers, and other such
properties which require multiple yearly inspection . . . $250.00
(2) Annual inspection fee required for state licensed properties which require
a annual inspection . . . 50.00
(3) Fee schedule for installation and/or removal of fuel storage tanks and
dispensing units:
First tank . . . 200.00
Each additional tank . . . 75.00
Each dispensing unit . . . 50.00
(4) Failure to immediately notify fire official of any disconnection and/or
interruption of any fire protection system. This shall also include any fire
protection system found to be unsafe, impaired, or inoperable . . . 500.00
(5) Annual inspection of an unattended self-service station as described in
chapter 9 of the Fire Code . . . 100.00
(Ord. No. 00-68, § 1, 8-29-00; Ord. No. 03-078, § 3, 10-7-03; Ord. No. 03-099, § 1, 12-9-
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 10, SECTION
10-2, 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 10, Section 10-2, be and the same is hereby amended to
amend Sections 109.3, 907.2, 1004.1.4, and 2702 of the International Fire Code
as follows:
Sec. 10-2. Amendments to code.
Section 109.3 shall be amended to read as follows:
Section 109.3 Persons who shall violate a provision of this code or shall
fail to comply with any of the requirements thereof or who shall erect,
install, alter, repair or do work in violation of the approved construction
documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a Class C
Misdemeanor, punishable by a fine of not more than $2,000. Each day
that a violation continues after due notice has been served shall be
deemed a separate offense.
Sections 907.2.1 through 907.2.11 be and the same are hereby repealed
and a new Section 907.2.1 is added to read as follows:
Section 907.2.1. An approved, automatic, total coverage fire alarm
system meeting the requirements of NFPA 72 shall be installed in
the following buildings:
(a) Group A - In all buildings exceeding two thousand (2,000)
square feet.
(b) Group B - In all buildings exceeding two thousand (2,000)
square feet.
(c) Group E - In all buildings.
(d) Group H - In all buildings.
(e) Group I
(1) Unrestrained - In all buildings exceeding two
thousand (2,000) square feet.
(2) Restrained - In all buildings.
(f) Group M - In all buildings exceeding two thousand (2,000)
square;feet.
(g) Group R - In all buildings exceeding two thousand (2,000)
square feet (except single-family dwellings or dwelling units
within an apartment house, condominium or townhouse
having exterior entrances to each unit).
(h) Group S - In all buildings exceeding two thousand (2,000)
square feet.
(i) In buildings with multiple tenants, each tenant space shall
have it's own fire alarm system unless otherwise approved
by the fire code official.
Q) With fire marshal approval, buildings protected throughout by
an approved sprinkler system meeting the requirements of
NFPA 13 may install a fire alarm system meeting the
requirements of NFPA Life Safety Code 101. Additional
coverage, equipment, and its placement may be required by
the fire marshal.
(k) After receiving notification of a fire or a fire alarm, a business
owner or his designated representative shall respond and
arrive at the alarm location within thirty (30) minutes.
Section 1001.1,4 be and the same is hereby repealed.
Section 2702 shall be amended to amend the following definition to read
as follows:
HAZARDOUS MATERIALS ROUTE - The following streets and highways
and segments of streets and highways:
(1) Cardinal Drive (US Hwys 69, 96, 287) from IH-10 to east city limits.
(2) IH-10 from west city limits to east city limits.
(3) Eastex Freeway (US Hwys 69, 96, 287) from IH-10 to north city
limits.
(4) Martin Luther King Parkway (Spur 380) from Cardinal Drive to IH-
10 East.
(5) State Highway 105 from Eastex Freeway to west city limits.
(6) College Street (Hwy 90) from IH-10 to west city limits.
(7) From City Limits West to Hwy 124 to Cardinal Drive.
(8) Major Drive (Hwy 364) from Hwy 124 to Hwy 105.
(9) In other areas specifically designated by the fire official.
Section 2.
That if any section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to a particular set of persons or
circumstances should for any reason be held to be invalid, such invalidity shall
not affect the remaining portions of this ordinance, and to such end the various
portions and provisions of this ordinance are declared to be severable.
Section 3.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 4.
That any person who violates any provision of this ordinance shall, upon
conviction be punished, as provided in Section 1-8 of the Code of Ordinances of
Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 6th
day of March, 2007.
- Mayor Guy N. Goodson -
3
March 6, 2007
Consider rescinding Ordinance No. 07-009, Ordinance No. 07-015, Ordinance No. 07-016 and
Ordinance No. 07-018 and provide a new Ordinance calling the General Election for May 12,
2007 to elect a Mayor, two (2) Councilmembers-At-Large, one(1) Councilmember each for
Ward I, Ward II, Ward III and Ward IV
I
City Council Agenda Item
' `
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tina Broussard, Interim City Clerk
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council to approve rescinding Ordinance No. 07-009,
Ordinance No.07-015,Ordinance No.07-016 and Ordinance
No. 07-018 and provide a new Ordinance calling the General
Election for May 12, 2007 to elect a Mayor, two (2)
Councilmembers-At-Large, one(1)Councilmember each for
Ward I, Ward II, Ward III and Ward IV
RECOMMENDATION
Approve rescinding the ordinances stated above and approve a new Ordinance calling the General
Election for May 12, 2007 and a Runoff Election, if necessary.
BACKGROUND
On February 23,2007,the County Clerk's office was notified by the Secretary of State of Texas that
a statewide constitutional amendment election would occur on May 12, 2007. This development
imposed that the County Clerk would become the Election Clerk and the Municipalities would then
hold a joint election with Jefferson County. The Commissioners' Court will approve the polling
locations and early voting location changes in accordance with the Election Code for county
elections. The County Clerk's office will be responsible for securing poll workers, delivering all
Ivotronic machines and the handling of mail ballots.
BUDGETARY IMPACT
Funds were budgeted in the FY 2007 Budget for the election. The City of Beaumont will be billed
by the County Clerk's Office for the City's portion of the election.
Early Voting Locations
The early voting locations approved by the Commissioners' Court are listed below:
Beaumont Court House Theodore R. Johns Library
1001 Pearl Street 4255 Fannett Road
Beaumont TX Beaumont TX
Rogers Park Community Center Sterling Pruitt Activity Center
1455 Dowlen Road 1930 Gulf Street
Beaumont TX Beaumont TX
Early Voting Dates and Times
Monday, April 30, 2007 8:00 a.m. to 5:00 p.m.
Tuesday, May 1, 2007 8:00 a.m. to 5:00 p.m.
Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m.
Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m.
Friday, May 4, 2007 8:00 a.m. to 5:00 p.m.
Saturday, May 5, 2007 7:00 a.m. to 7:00 p.m.
Sunday, May 6, 2007 12:00 p.m. to 5:00 p.m.
Monday, May 7, 2007 7:00 a.m. to 7:00 p.m.
Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m.
ORDINANCE NO. 07-
AN ORDINANCE REPEALING ORDINANCE NO. 07-016, ORDINANCE NO. 07-
018, ORDINANCE NO. 07-009, ORDINANCE 07-015; AND ADOPTING A NEW
ORDINANCE PROVIDING FOR A GENERAL ELECTION TO BE HELD ON THE
12TH DAY OF MAY, 2007 FOR THE PURPOSE OF ELECTING A MAYOR, FOUR
(4) COUNCILMEMBERS (WARD I, ll, III AND IV) AND TWO (2)
COUNCILMEMBERS-AT-LARGE AND A PROPOSITION AUTHORIZING THE
SALE OF HEBERT PARK, MAPLE/OAKLAND PARKAND A PORTION OF PIPKIN
PARK; PROVIDING FOR EARLY VOTING; DESIGNATING POLLING PLACES
AND ADOPTING ELECTION OFFICIALS FOR SUCH ELECTION; PROVIDING
THE FORM OF THE BALLOTAT SUCH ELECTION; DIRECTING THE GIVING OF
NOTICE OF SUCH ELECTION; PROVIDING FOR A JOINT ELECTION WITH
JEFFERSON COUNTY;AND CONTAINING OTHER PROVISIONS RELATED TO
THE SUBJECT.
WHEREAS, the City of Beaumont passed Ordinance No.'s 07-016 as amended by
Ordinance No. 07-018 calling a general election for May 12, 2007 to elect a Mayor,four(4)
Councilmembers, three (3) in Wards I, Il, III and IV and two (2) Councilmembers-at-Large
and a ballot proposition authorizing the sale of Hebert Park, Maple/Oakland Park and a
portion of Pipkin Park; and,
WHEREAS, the City of Beaumont also passed Ordinance No. 07-009 as amended
by Ordinance No. 07-015 establishing early voting locations and times; and,
WHEREAS,the City has been notified by the County Clerk of Jefferson County that
a state-wide constitutional amendment has been added as a ballot proposition for the May
12, 2007 election which will result in the election being conducted as a joint election with
Jefferson County with the County Clerk being responsible for the administering of the
election;
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
Section 1.
THAT Ordinance No.'s 07-016, 07-018, 07-009 and 07-015 be and the same are hereby
repealed.
Section 2.
In accordance with the City Charter,the Constitution, and general laws of the State
of Texas, a general municipal election is hereby called and ordered for the second
Saturday in May, 2007, the same being the 12th day of said month, at which election all
legally qualified voters residing within the corporate limits of the City may vote for the
purpose of electing a Mayor, Councilmembers to Wards I, II, III and IV and two (2)
Councilmembers-At-Large for full term and for or against a proposition authorizing the sale
of Hebert Park, Maple/Oakland Park and a portion of Pipkin Park.
Section 3.
No person's name shall be placed upon the official ballot as a candidate for any of
the above-mentioned positions unless such person has filed his or her sworn application,
as provided by Section 141.031, Section 143.004, and Section 143.007 of the Texas
Election Code, and Article IV, Section 5 of the Charter of the City of Beaumont, with the
City Clerk, not later than five o'clock (5:00) p.m. on the sixty-second (62nd) day before the
date of such election. The City Clerk shall note on the face of each such application the
date and time of its filing. A declaration of write-in candidacy must be filed with the City
Clerk as provided by Section 146.054 of the Texas Election Code, not later than five
o'clock (5:00) p.m. on the fifth (5th) day after the date an application for a place on the
ballot is required to be filed, except as otherwise provided in the case of a deceased or
ineligible candidate.
Section 4.
Said election shall be held jointly with Jefferson County in accordance with Chapter
271 of the Texas Election Code and as outlined in the terms of an agreement to be entered
into with Jefferson County.
Section 5.
That for the general election called and ordered for the purpose of electing a Mayor,
four(4)Councilmembers(Ward 1, ll, III and IV) and two(2) Councilmembers-at-Large and
for or against a proposition authorizing the sale of surplus City parks, the Jefferson County
Clerk shall act as Contracting Officer. The election officials for each City of Beaumont
precinct in Jefferson County shall be designated by the County Clerk of Jefferson County;
and such election officials shall conduct the City's general election in accordance with a
"Joint Election Agreement and Contract" to be approved and entered into at a later date.
The County Clerk of Jefferson County is hereby authorized and instructed to provide and
furnish all necessary election supplies for all City of Beaumont precincts. The official
mailing address of the County Clerk is P. O. Box 1151, Beaumont, Texas 77704, and the
physical address is 1001 Pearl, Beaumont, Texas 77701.
Section 6.
That said general election shall be held in the City of Beaumont between the hours
of 7:00 a.m. and 7:00 p.m. at the places listed in Exhibit"A" attached hereto and made
a part hereof for all purposes. The persons whose names appear in the Exhibit "A" are
appointed presiding judges and alternates for the respective polling places with authority
to select and appoint clerks. Pursuant to Sections 32.032 and 32.033 of the Texas Election
Code, the presiding judge for each election precinct shall appoint a minimum of one (1)
Clerk, and the Clerk may authorize as many additional clerks as are deemed necessary
for the proper conduct of the election.
Section 7.
The notice and order of said election shall be given by posting and publishing said
notice and order as provided by the Texas Election Code.
Section 8.
That an electronic voting system, as described by Title 8 of the Texas Election
Code, shall be used for said election.
Section 9.
That the following are hereby appointed officers of said election to serve at the
Central Counting Station, which is hereby established at the Mid-County Office Building,
2748 Viterbro Road, Nederland, Texas: Manager of the Central Counting Station,
Christopher Mouton; Tabulation Supervisors, Paul Helejda and Ken Seholm; Presiding
Judge of the Central Counting Station, Pat Anderson; Alternate Judge, Donna Ferchak.
Section 10.
All ballots shall be prepared in accordance with Texas Election Code. Electronic
and optical Scan ballots shall be used for early voting by mail and for provisional ballots.
The iVotronic Voting System v8.0.1.0 (Direct Recording Electronic) shall be used for early
voting by personal appearance and voting on Election Day. The City Council hereby
adopts for use in early voting and Election Day voting the iVotronic Voting System v8.0.1.0
(DRE) as approved by the Secretary of State.
Section 11.
That the County Clerk,whose mailing address is P. O. Box 1151, Beaumont,Texas
77704, is hereby appointed clerk for early voting; and pursuant to Sec. 83.034 of the Texas
Election Code, the appointment of Theresa Goodness as Deputy Early Voting Clerk is
approved, said appointment being without additional compensation. The Clerk may
authorize as many additional clerks as are deemed necessary for the proper conducting
of the election. Early voting by personal appearance shall be conducted at the main early
voting location at Jefferson County Courthouse, 1001 Pearl Street, Beaumont, Texas,
77701 or at one of the following branch early voting locations: Rogers Park Community
Center, 1465 Dowlen Road, Beaumont, Texas 77706; Sterling Pruitt Activity Center, 2930
Gulf Street, Beaumont, Texas 77703; or Theodore R. Johns Library, 4255 Fannett Road,
Beaumont, Texas 77705. The dates and times early voting is to be conducted is as
follows:
Monday, April 30, 2007 8:00 a.m. to 5:00 p.m.
Tuesday, May 1, 2007 7:00 a.m. to 7.00 p.m.
Wednesday, May 2, 2007 8:00 a.m. to 5:00 p.m.
Thursday, May 3, 2007 8:00 a.m. to 5:00 p.m.
Friday, May 4, 2007 8:00 a.m. to 5:00 p.m.
Saturday, May 5, 2007 7:00 a.m. to 7:00 p.m.
Sunday, May 6, 2007 12:00 p.m. to 5:00 p.m.
Monday, May 7, 2007 7:00 a.m. to 7:00 p.m.
Tuesday, May 8, 2007 7:00 a.m. to 7:00 p.m.
Early voting ballot applications and ballots voted by mail shall be sent to the County
Clerk's Office, P. O. Box 1151, Beaumont, Texas, 77704.
Section 12.
That early votes by personal appearance and by mail shall be counted by an early
voting ballot board consisting of a presiding judge and one clerk, and the City Clerk may
authorize as many additional clerks as are deemed necessary. Joe B. Wilson is hereby
appointed Presiding Judge of the Early. Voting Ballot Board. Early votes shall be
canvassed and returned by the Early Voting Ballot Board to the Central Counting Station
by 7:00 p.m. on election day.
Section 13.
The order in which the names of the candidates are to be printed on the ballot shall
be determined by a drawing by the City Clerk, as provided by Section 52.094 of the Texas
Election Code. The City Clerk shall post a notice in the office, at least seventy-two (72)
hours prior to the date on which the drawing is to be held, of the time and place of the
drawing, and shall also give personal notice to any candidate who makes written request
for such notice and furnishes to the City Clerk a self-addressed, stamped envelope. Each
candidate involved in the drawing, or a representative designated by the candidate, shall
have a right to be present and observe the drawing.
Section 14.
That if any section, subsection, sentence, clause, or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances, should for any reason
be held to be invalid or adjudged unconstitutional by a court of competent jurisdiction, 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; and the City
Council of the City of Beaumont, Texas, declares it would have passed each and every
part of the same notwithstanding the omission of any such part thus declared to be invalid
or unconstitutional, or whether there be one or more parts.
Section 15.
That all ordinances or parts of ordinances inconsistent or in conflict herewith are,
to the extent of such inconsistency or conflict, hereby repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
PRECINCT LOCATIONS AND JUDGES FOR 2007
PCT LOCATION JUDGE ALTERNATE JUDGE #OF
CLERKS
French Elementary Brenda Greene Richard A. Hooks
1 3525 Cleveland Ave. 1825 Brooklyn St. 4482 Dallas St. 4
Beaumont, TX 77703 Beaumont,TX 77701 Beaumont,TX 77703
832-6631 835-1777 892-6966
791-8024
Smith Middle School Jerrie Mathis Jim Doane
2 4415 Concord 3730 Acorn Circuit 3460 Minglewood 3
Beaumont, TX 77703 Beaumont,TX 77703 Beaumont,TX 77703
892-3811 892-4164 898-8196
Brown Alternative Center Thelma Fielder Etta Harris
3 1900 Pope 2975 Grand 1135 Skipwith St 4
Beaumont,TX 77703 Beaumont, TX 77703 Beaumont,TX 77701
785-4225 892-4164
BISD Administration Bldg. Dick Foulk Shirley Laday
4 3395 Harrison 3670 Crestwood 23750 Vincent Rd 3
Beaumont,TX 77702 Beaumont,TX 77706 Winnie, TX 77665
899-9972 898-0741
Caldwood Elementary Norma Conner Louise Williams
5 102 Berkshire Lane 232 W. Caldwood Dr 14 Bayou Bend PI 3
Beaumont,TX 77707 Beaumont,TX 77707 Beaumont,TX 77706
835-3818 866-3357 892-8951
673-1801
Central Sr. High School Celeste Johnson Greg Cottington
6 88 Jaguar 2560 Rusk St. 3775 Seminole 3
Beaumont, TX 77702 Beaumont, TX 77702 Beaumont, TX 77707
981-7100 833-3338 843-3458
O.C. "Mike"Taylor Career Barbara Bradley M.Thomas Brent
Center 2165 North St 2490 Louisiana 3
7 2330 North St. Beaumont, TX 77701 Beaumont, TX 77702
Beaumont, TX 77701 835-3808 832-7392
835-0153
Magnolia Baptist Church Katherine A. Campbell Sheila Hebert
8 2830 Pine Street 1067 Weiss St. 2555 Gulf St. 3
Beaumont, TX 77703 Beaumont,TX 77703 Beaumont, TX 77703
832-2258 832-9642 838-2728
455-3451
EXHIBIT "A"
Scott Olive Baptist Church Nanette Cantue Chiquitia Mitchell
1050 Ewing 1075 Long St. 1075 Long St., 3
10 Beaumont,TX 77701 Beaumont, TX 77701 Beaumont,TX 77701
832-0687 833-0848 833-0848
Jefferson County Courthouse Rose Marie Solomon Chris McKinney
11 1001 Pearl Street 1835 Pennsylvania PO Box 1751 1
Beaumont, TX 77701 Beaumont,TX 77701 Beaumont,TX 77704
835-8400 838-5565 838-6412
Dunbar Elementary Doris Decuir Chris Busch
12/13 825 Jackson 4905 Wyatt,Apt 19 4610 Monticello 3
Beaumont, TX 77701 Beaumont, TX 77705 Beaumont,TX 77706
832-7617 899-3632
Dunbar Elementary (with PCT12) (with PCT12)
13/12 825 Jackson
Beaumont,TX 77701
832-7617
Ogden Elementary Kimberly Lewis Lillian Frye
14 2300 Victoria 2335 Roberts 1819 Roberts 3
Beaumont, TX 77701 Beaumont,TX 77701 Beaumont, TX 77701
833-2313 833-8104 835-0220
MLK Middle School Merdle Hanes Wade Billingsley
15 1400 Avenue A 805 Amarillo St. 2562 Westbury Rd. 3
Beaumont, TX 77701 Beaumont, TX 77701 Beaumont, TX 77713
838-4431 832-4143 722-5721
504-8319
(Dem) (Rep)
Fletcher Elementary Gwen Johnston
16 1050 Ave F 2145 Bourbon 1
Beaumont,TX 77701 Beaumont,TX 77705 Beaumont, TX 77706
833-3831 842-4214
Municipal Airport Steven Randall Melynia Revia
17/26/90 455 Keith Rd., Hwy. 90 1135 Sunmeadow 7279 Shady Ln. 4
Beaumont, TX 77707 Beaumont,TX 77706 Beaumont, TX 77713
866-2700 866-7749 866-1340
351-9362
(Dem) (Rep)
Ozen High School David Harper Margaret Bostic
18 3443 Fannett Rd. 4375 Winston P.O. Box 6621 3
Beaumont,TX 77705 Beaumont,TX 77705 Beaumont,TX 77725
981-7500 842-6966
331-4586
BISD Administration Annex Pauline Mouton Wesley Lee
19 1025 Woodrow 4275 Cadillac Ln 7655 Park North Dr., Apt 3
Beaumont,TX 77705 Beaumont,TX 77705 711
833-3762 842-2157 Beaumont,TX 77708
832-1279
Pietzsch Elementary Grace Demary Sam Jernigan
20 4301 Highland 430 E. Elgie 5910 Meadow Way 3
Beaumont,TX 77705 Beaumont,TX 77705 Beaumont,TX 77707
835-2505 833-2056 866-7369
673-4659
Precinct 4 Barn Wilmeretta Lowe
W. Port Arthur Rd., 2202 Sonja Pickens 1
21 Hebert Rd. 2015 on ,randt TX 77705 830 Church St
Guffey-Beaumont,TX 77705 Beaumont, Beaumont, Tx 77705
Judges use cell phones 838-3342
246-5213
Roy Guess Elementary Janet Dietz J.W.Albert
22 8055 Voth Rd. 7750 Homer Dr. 1915 Griffing Rd. 4
Beaumont,TX 77708 Beaumont,TX 77708 Beaumont,TX 77708
892-9702 892-2731 898-8861
790-2144
Rosedale Baptist Lucille Bryan James Boykin
23 7110 Concord Rd. 6910 Concord 5415 Linda Lane 3
Beaumont, TX 77708 Beaumont,TX 77708 Beaumont,TX 77708
892-2548 892-4395 892-8422
Municipal Airport (with PCT 17/90) (with PCT 17/90)
26/17/90 455 Keith Rd., Hwy. 90
Beaumont, TX 77707
866-2700
'Vincent Middle School Jon Tritsch Wilburean Benard
27/78/86 350 Eldridge 1007 Park Meadow 5015 Pine St#101 5
Beaumont, TX 77707 Beaumont, TX 77706 Beaumont,TX 77703
866-1491 861-1761
Pct 4 Service Center Ezora Mae Bassett Shirley
28 7780 Boyt Rd 6852 Boyt Rd. 6574 Boyt Rd n 2
Beaumont, TX 77713 Beaumont, TX 77713 Beaumont,Tx 77713
794-2444 794-2281 794-2142
Fannett Elementary Belinda Breaux Liz Wenner
30/91 23395 Burrell Wingate 20768 Hwy 365 10810 Kolemay 3
Beaumont, TX 77705 Beaumont, TX 77705 Beaumont, TX 77705
794-1412 794-2064 794-2530
Labelle-Fannett VFD J. Tom Fox Virginia Ferguson
31/101/1 ,3473 Pine Tree Rd. 201 Greenwood 14995 Labelle Dr. 3
08 Beaumont,TX 77705 Beaumont, TX 77705 Beaumont, TX 77705
796-1529 796-1119 796-2474
Blanchette Elementary Maudry Plummer Preston Frank
39 2400 Lela 4165 Bob St. 3615 S. 4th St. 4
Beaumont,TX 77705 Beaumont, TX 77705 Beaumont,TX 77705
842-1230 842-0588 842-6666
382-0507
Sallie Curtis Elementary Temple Looney Georgine Guillory
62 6225 N. Circuit Dr. 590 Goodhue 3670 South 11 th St. 4
Beaumont, TX 77706 Beaumont,TX 77706 Beaumont,TX 77705
866-4134 866-2910 842-1577
658-8390
Lucas Elementary Thelma Nobles Karen Arrington
63 1 750 E. Lucas 2105 Fillmore 1904 Moore Rd. 4
Beaumont,TX 77703 Beaumont,TX 77703 Beaumont,TX 77713
892-9683 833-9672 866-3885
553-2924
Beaumont Community Players Mary B. Francis Joe Byerly
64 5515 Phelps Rd. 5990 Tyrrell Park 5745 Erie 2
Beaumont, TX 77705 Beaumont,TX 77705 Beaumont,TX 77705
842-4664 842-0507 842-4275
Regina Howell Elementary Mary Stimek Doris A. Campbell
65 5850 Regina Lane 6255 West Bend 4420 Beale St. 4
Beaumont, TX 77706 Beaumont, TX 77706 Beaumont,TX 77705
892-5045 860-5765 842-2334
504-8190
Bevil Oaks Civic Center Deborah Olson Juinez Jones
66 7390 Sweetgum 13355 Davida Dr. 13560 Wayside 3
Bevil Oaks, TX 77713 Beaumont,TX 77713 Beaumont,TX 77713
753-1475 753-3116 753-2241
South Park Middle School Garcia Middleton Kevin Larousee
67 4500 Highland 1585 Auburn Dr. 4090 Wyatt St. 4
Beaumont, TX 77705 Beaumont,TX 77705 Beaumont,TX 77705
838-3941 842-4450 838-4232
Austin Jr. High School Robert Thompson Margaret Carter
68 3410 Austin 4855 Dellwood Lane 1220 Rikisha 4
Beaumont,TX 77706 Beaumont, TX 77706 Beaumont, TX 77706
892-0193 892-5104 782-2341
Wesley United Methodist Elizabeth Gibbs Barbara Loden
Church 830 Stacewood 7730 Spurlock Rd 3
72 3810 N. Major Drive Beaumont,TX 77706 Beaumont,TX 77713
Beaumont,TX 77713 673-1234 899-1069
892-7012
George Marshall Jr. High Jennifer Pate Herman Granger
School 6645 Windwood Ln. 3760 Robinson 4
73 6455 Gladys Beaumont,TX 77706 Beaumont,TX 77708
Beaumont, TX 77706 866-3592 892-0186
866-4174
Lamar- Health & Human
Performance Complex A Diane Dennis Leni Carothers
75 East Lavacca at University 4975 Tupelo 3189 Williamsburg Ln 2
Drive Beaumont,TX 77708 Pt. Neches,TX 77651
Beaumont,TX 77705 924-8498 729-8105
880-7011 338-5339
St. Pius X School Julia Roberts
77 3355 McHale 890 Prairie St. 3
Beaumont,TX 77708 Beaumont,TX 77701
892-3316 835-4842
Vincent Middle School (with PCT 27/86) (with PCT 27/86)
78/27/86 350 Eldridge
Beaumont, TX 77707
866-1491
Tennis Center John Mistrot Edwin Bearb
79/100 6455 College 367 Georgetown 7455 Prestwick Cir. 3
Beaumont,TX 77707 Beaumont,TX 77707 Beaumont,TX 77707
866-2833 866-4378 842-6789
893-7870
Fehl Elementary Clara Bell Oliver Connie Teuscher
84 3350 Blanchette 1180 Skipwith 825 Thomas Rd. 3
Beaumont,TX 77701 Beaumont,TX 77701 Beaumont,TX 77706
835-3871 832-3028 899-4001
PACE Union Hall Alice M. Dyes Mary Randall
85 2490 S. 11 th St. 4665 Corley 4255 Corley 3
Beaumont, TX 77701 Beaumont, TX 77707 Beaumont,TX 77707
842-3952 842-0953 842-8204
Vincent Middle School (with PCT 27/78) (with PCT 27/78)
86/27/78 350 Eldridge
Beaumont, TX 77707
866-1491
Pine Burr Baptist Church Jackie Duriso Wallce Domingue
87/88/99 5095 Pine Burr Blvd. 5550 Folsum#166 5620 Concord Rd. 3
Beaumont, TX 77708 Beaumont, TX 77706 Beaumont, TX 77708
892-4974 767-5107 898-0976
656-0803
Pine Burr Baptist Church (with PCT 87/99) (with PCT 87/99)
88/87/99 5095 Pine Burr Blvd.
Beaumont, TX 77708
892-4974
Ridgewood Retirement Center Darlyne Dorsey Debra Holmes
89 2520 IH 10 East 1250 Condon 128 Fir Ln 2
Beaumont, TX 77705 Beaumont, TX 77701 Beaumont,Tx 77713
899-2531 835-9908
753-3365
Municipal Airport (with PCT 17/26) (with PCT 17/26)
90/17/26 455 Keith Rd., Hwy. 90
Beaumont, TX 77707
866-2700
Fannett Elementary (with PCT 30) (with PCT 30)
91/30 23395 Burrell Wingate
Beaumont, TX 77705
794-1412
Pine Burr Baptist Church (with PCT 87/88) (with PCT 87/88)
99/87/88 5095 Pine Burr Blvd.
Beaumont, TX 77708
892-4974
Tennis Center (with PCT 79) (with PCT 79)
100/79 6455 College
Beaumont, TX 77707
866-2833
Labelle-Fannett VFD (with PCT 31/108) (with PCT 31/108)
101/31/1 3473 Pine Tree Rd.
08 Beaumont, TX 77705
796-1529
Calvary Baptist Church Frank Thomas Helen Stone
104/116 3650 Dowlen Rd. 3599 Briar Creek Dr. 2260 21 st St 5
Beaumont, TX 77706 Beaumont,TX 77706 Beaumont, TX 77706
898-7074 347-1623 898-4633
Labelle-Fannett VFD (with PCT 31/101) (with PCT 31/101)
108/31/1 3473 Pine Tree Rd.
01 Beaumont, TX 77705
796-1529
Calvary Baptist Church (with PCT 104) (with PCT 104)
116/104 3650 Dowlen Rd.
Beaumont, TX 77706
898-7074
4
March 6, 2007
Consider approving the purchase of law enforcement digital emergency radio equipment
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 28, 2007
REQUESTED ACTION: Council approval to purchase law enforcement digital
emergency radio equipment.
RECOMMENDATION
Administration recommends the purchase of radio equipment through the Houston-Galveston Area
Council (H-GAC) Cooperative Purchasing Program at a total cost of $771,998.49, with the
equipment to be ordered from Motorola.
BACKGROUND
The radio equipment being purchased is in conjunction with other law enforcement equipment to
facilitate crime prevention and emergency response in ports under an initiative by the Department
of Homeland Security. The purchase will allow the Beaumont Police Department to complete the
migration from analog radios to digital radios. The digital technology allows for clearer reception
and transmission on the 800 MHZ frequency than the analog. In addition,radio manufacturers are
forcing the migration from analog to digital. The analog units will be distributed to other divisions
throughout the City.
The equipment to be purchased includes one hundred fifty-seven(15 7)XTS 2500 Digital Portable
Units and eighty-five (85) XTL 2500 Digital Mobile Units with related support devices.
The purchase price will include a three (3) year full warranty on all equipment. Warranty service
will be provided by Motorola. Motorola is currently offering a promotional discount that is
providing a substantial savings on the equipment. As required by the promotional offering, the
equipment must be ordered by March 15, 2007 and must be shipped by March 30, 2007.
A detailed breakdown of the cost is as follows:
Purchase of Radio Equipment
February 28, 2007
Page 2
Schedule of Proposed Radio Equipment Purchase:
Model Quantity Extended Price
Motorola XTS2500 157 $566,599.89
Motorola XTL5000 85 266,589.77
Motorola Discount (72,600.00)
11-GAC fee 11,408.83
Total Cost $771,998.49
BUDGETARY IMPACT
The City was awarded the 2006 Port Security Grant by the Department of Homeland Security which
will provide seventy-five percent (75%) or $578,998.87 of the funding for this purchase. This
funding is on a reimbursement-basis. As required by the grant, the City will match twenty-five
percent(25%)or$192,999.62 of the purchase. Sufficient funds are available in the Capital Reserve
Fund for this match.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of law enforcement digital
emergency radio equipment from Motorola through the Houston-Galveston Area Council
(H-GAC) in the amount of$771,998.49 as shown below:
doe
Motorola XTS2500 157 $3,608.92 $566,599.89
Motorola XTL5000 85 $3,136.35 266,589.77
Motorola Discount (72,600.00)
H-GAC fee 11,408.83-T Total Cost $771,998.49
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Pro Tem Nancy Beaulieu -
S
March 6,2007
Consider approving the purchase of a 2,000 gallon water truck for use at the Landfill
79ijti City Council Agenda Item
�uWal I M Lei 0 1 N I c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max Duplant, Chief Financial Officer
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 27, 2007
REQUESTED ACTION: Council consider the purchase of a 2,000 gallon water truck.
RECOMMENDATION
Administration recommends the purchase of a 2007 Ford F750XL truck equipped with a 2,000
gallon water tank from United Truck and Equipment of Phoenix,Arizona in the amount of$79,500.
BACKGROUND
B ids were solicited from eleven(11)vendors for furnishing a 2,000 gallon water truck for the Public
Works Department, Solid Waste Landfill Division. The water truck, equipped with spray nozzles,
will be used on the working face and compost site of the Landfill to control dust and as a fire
prevention tool as required by the Texas Commission on Environmental Quality.
The new water truck will replace Unit 3111,a 1980 Ford that has exceeded its life expectancy.This
truck will be disposed of according to the City's surplus property policies.
The following bids were received:
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Grande Ford, San Antonio, TX 2008 Ford F750 $65,793.00
Texas Truck Centers, Houston, TX 2008 International 4300 $70,087.12
Beaumont Freightliner, Inc., Beaumont, TX 2008 Freightliner M2-106 $77,576.00
United Truck& Equipment, Phoenix, AZ 2007 Ford F750 $79,500.00
Philpott Ford, Nederland, TX 2008 Ford F750 $85,302.00
Purchase Water Truck
February 27, 2007
Page 2
The water tank proposed by the apparent lowest three (3) bidders failed to meet minimum
specifications of an epoxy lined water tank and a five-year warranty. It is recommended that the bid
be awarded to United Truck and Equipment for the purchase of a 2007 Ford F750XL truck equipped
with a 2,000 gallon United brand water tank.
Warranty service is provided through Kinsel Ford of Beaumont for two(2)years on the truck. The
water tank is covered by a five (5) year manufacturer's warranty.
Delivery of the water truck is expected in approximately 60 days.
BUDGETARY IMPACT
Funds are budgeted in the Solid Waste Management Fund for this expenditure in the amount of
$65,000, however, sufficient funds are available in the fund to cover the additional amount of
$14,900. The increase in the cost of the truck over what was budgeted is due to the new 2007 EPA
engine requirements and the extremely elevated price of steel.
RESOLUTION NO.
WHEREAS, bids were received for the purchase of a 2,000 gallon water truck for
the Public Works Department, Solid Waste Landfill Division; and,
WHEREAS, United Truck & Equipment of Phoenix, Arizona, submitted a bid in the
amount of $79,500.00 for a 2007 Ford F750XL truck equipped with a 2,000 gallon water
tank; and,
WHEREAS, City Council is of the opinion that the bid submitted by United Truck &
Equipment should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by United Truck& Equipment of Phoenix,Arizona, for a 2007 Ford
F750XL truck equipped with a 2,000 gallon water tank in the amount of $79,500.00 be
accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
6
March 6, 2007
Consider approving the purchase of playground equipment for Halbouty Park
��
L4
o EL City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 16, 2007
REQUESTED ACTION: Council consider the purchase of playground equipment for
Halbouty Park.
RECOMMENDATION
Administration recommends the purchase of new playground equipment from Total Recreation
Products, Inc. in the amount of $60,166.01 through the Texas Local Government Purchasing
Cooperative's BuyBoard.
BACKGROUND
BuyBoard,a government purchasing cooperative,is administered by the Texas Association of School
Boards. Its membership is open to cities,counties,school districts and nonprofits throughout Texas.
The BuyBoard offers products and services that have been submitted for competitive bidding in
accordance with state statutes.
Total Recreation Products,Inc.,a distributor of Game Time Playground products and equipment,is
a contracted BuyBoard vendor. The proposed system includes furnishing and installing a 24 ft.ADA
compliant ramp, a custom PowerScape play unit, geotextile playground fabric base and new water
fountains.
The playground equipment was removed after it was destroyed by felled trees during Hurricane Rita.
BUDGETARY IMPACT
Federal Emergency Management Agency (FEMA) will reimburse the City $47,000 towards the
replacement of the playground equipment. The balance of$13,166.01 will be funded by the Capital
Reserve Fund.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of new playground equipment for
Halbouty Park from Total Recreation Products, Inc. in the amount of$60,166.01 through
the Texas Local Government Purchasing Cooperative's BuyBoard.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
7
March 6,2007
Consider approving a request to abandon a portion of Hospital Drive
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 27, 2007
REQUESTED ACTION: Council consider a request to abandon a portion of Hospital Drive.
RECOMMENDATION
The Administration recommends approval of a request to abandon a portion ofHospital Drive subject
to the following conditions:
• Retain the existing right-of-way as a 60'wide general utility and access easement.
• Prepare an indemnification clause stating that the City of Beaumont shall not be held
responsible for the structure if the concrete should fail or the water line should rupture.
BACKGROUND
The City of Beaumont is requesting the abandonment of a 60'x 316.82'portion of Hospital Drive.
Hermann Memorial Baptist Hospital recently applied for and was granted a License-to-Encroach for
an aerial pedestrian cross walk over a portion of Hospital Drive. After review by the hospital's legal
department,it was determined that the license-to-encroach would not suffice as per the requirements
of the federal funding the hospital is eligible for. The only solution would be to abandon a portion
of the street right-of-way.
This item was sent to all interested parties. The Fire Department states that it does not object to the
abandonment as long as the drive remains open to fire access. Water Utilities states that it does not
object as long as a utility easement is retained and the City is indemnified of any damage due to its
water and sewer lines. Time Warner Cable states that it does not object subject to retention of the
abandoned right-of-way as a utility easement.
At a Regular Meeting held February 26, 2007, the Planning Commission voted 7:0 to approve a
request to abandon a portion of Hospital Drive subject to the following conditions:
• Retain the existing right-of-way as a 60' wide general utility and access easement.
• Prepare an indemnification clause stating that the City of Beaumont shall not be held
responsible for the structure if the concrete should fail or the water line should rupture.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A 60' x 316.82'
PORTION OF HOSPITAL DRIVE IN THE CITY OF
BEAUMONT, JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a portion of Hospital Drive, being a 60'x 316.82' portion of Hospital Drive beginning
at the north right-of-way line of Medical Center Drive which is also the southeast corner of
Lot 2, Block 2, Beaumont Medical Plaza and extending 316.82' north to a point
perpendicular to and parallel with the northeast corner of Lot 1, Block 2, Beaumont Medical
Plaza, City of Beaumont, Jefferson County,Texas, containing 0.43 acres, more or less, as
described on Exhibit"A" attached hereto, be and the same is hereby vacated and
abandoned subject to the following conditions:
• Retention of the existing right-of-way as a 60'wide general utility and
access easement
• In consideration for this abandonment, Hermann Memorial Hospital
shall execute an indemnification agreement acknowledging that the
City of Beaumont shall not be held responsible for the structure if the
concrete should fail or the water line should repture.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
it 71 Z- B: Request to abandon a portion of Hospital Drive. N
cation: North of Medical Center Drive.
pplimnt: City of Beaumont for Memorial Hermann Baptist"Hospital
N.T.S.
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EXHIBIT "A"
8
March 6, 2007
Consider approving a request to abandon a portion of Iowa Avenue between Cheek Street and
Cunningham
J•�• City Council Agenda Item
M c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 27, 2007
REQUESTED ACTION: Council consider a request to abandon a portion of Iowa Avenue
between Cheek Street and Cunningham.
RECOMMENDATION
The Administration recommends approval of a request to abandon a portion of Iowa Avenue between
Cheek Street and Cunningham subject to the following conditions:
• Retain the street right-of-way as a general utility easement and a fire access easement.
• No structures shall be placed within the easement.
• The City shall not be held responsible for any surface restoration when water or sewer
main repairs are necessary.
BACKGROUND
Mark W.Whiteley&Associates,Inc.is requesting the abandonment of that portion of Iowa Avenue
that lies between Cheek Street and Cunningham Street. Lamar University is in the process of building
additional student housing. To accomplish this goal, the University would like to have this portion
of Iowa Avenue abandoned.
This item was sent to all interested parties. Water Utilities agreed to the abandonment subject to
retaining the right-of-way as a utility easement, not allowing any structures or appurtenances to be
placed within the easement and not holding the City responsible for any surface restoration when
water or sewer main repairs are necessary. Centerpoint Energy agreed to the abandonment subject
to the retention of a utility easement. The Fire Department agreed to the abandonment subject to the
retention of a fire access easement.
At a Regular Meeting held February 26, 2007, the Planning Commission voted 7:0 to approve a
request to abandon a portion of Iowa Avenue between Cheek Street and Cunningham subject to the
following conditions:
• Retain the street right-of-way as a general utility easement and a fire access easement.
• No structures shall be placed within the easement.
• The City shall not be held responsible for any surface restoration when water or
sewer main repairs are necessary.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A PORTION OF
IOWA AVENUE BETWEEN CHEEK AND CUNNINGHAM
STREETS IN THE CITY OF BEAUMONT, JEFFERSON
COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a portion of Iowa Avenue between Cheek Street and Cunningham, being a 60'x 600'
portion of Iowa Avenue beginning at the east right-of-way line of Cheek Street and ending
at the west right-of-way line of Cunningham Street, City of Beaumont, Jefferson County,
Texas, containing 0.82 acres, more or less, as shown on Exhibit"A" attached hereto, be
and the same are hereby vacated and abandoned subject to the following conditions:
• Retain the street right-of-way as a general utility easement and a fire
access easement.
• No structures shall be placed within the easement.
• The City shall not be held responsible for any surface restoration
when water, sewer main or other repairs are necessary.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
File 711- B: Request to abandon a port ion of Iowa Avenue. N
Location: East of Cheek and west of Cunningham Street Legend
Applicant: Mark Whiteley& Associates, Inc.
Subject Prope
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EXHIBIT "A"
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March 6, 2007
Consider approving a request to abandon a portion of Main and Blanchette rights-of-way
M 1 1 City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: March 6, 2007
AGENDA MEMO DATE: February 27, 2007
REQUESTED ACTION: Council consider a request to abandon a portion of Main and
Blanchette rights-of-way.
RECOMMENDATION
The Administration recommends approval of a request to abandon a portion of Main and Blanchette
rights-of-way subject to the retention of the abandoned right-of-way for a general utility and drainage
easement.
BACKGROUND
Ronnie Pullin, City of Beaumont Real Property Coordinator, is requesting approval of the
abandonment of a 0.5466 acre portion of Main and Blanchette street right-of-way.
Mr. Pullin states that the Port of Beaumont recently donated the southeast corner of Block 8,
Beaumont Townsite to the City for the purpose of improving the intersection ofMain and Blanchette.
In exchange, the City agreed to abandon a portion of Main and Blanchette so that the Port could
extend its existing fence on the south side of Blanchette to connect to its existing fence on the east
side of Main to close the gap for security purposes.
This item was sent to all interested parties. Water Utilities states that the City has a 12"water main
on the east side of the Main Street right-of-way and an 8" water main on the south side of the
Blanchette Street right-of-way. Water Utilities has asked for an easement and that no structures or
appurtenances be placed within the proposed easements. Streets and Drainage states that the City
has drainage systems within the proposed abandonment area that need to remain. With the retained
easements, the City will have the authority to remove the fence to make any repairs on the water
lines and drainage systems.
At a Regular Meeting held February 26, 2007, the Planning Commission voted 7:0 to approve a
request to abandon a portion of Main and Blanchette rights-of-way subject to the retention of the
abandoned right-of-way for a general utility and drainage easement.
Recommended by Planning Commission, City Manager, Public Works Director and the Planning
Manager.
BUDGETARY IMPACT
None.
ORDINANCE NO.
ENTITLED AN ORDINANCE ABANDONING A SOUTHEAST
0.5466 ACRE PORTION OF MAIN AND BLANCHETTE
RIGHTS-OF-WAY IN THE CITY OF BEAUMONT,
JEFFERSON COUNTY, TEXAS.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
THAT a southeast 0.5466 acre portion of Main and Blanchette rights-of-way, City of
Beaumont, Jefferson County,Texas, as described in Exhibit"A"and shown on Exhibits"B"
and"`C"attached hereto, be and the same is hereby vacated and abandoned subject to the
retention of the abandoned right-of-way for a general utility drainage easement.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of
March, 2007.
- Mayor Guy N. Goodson -
LEGAL DESCRIPTION FOR ORDINANCE PURPOSES
TRACT ONE -
BEING a 0.1538 acre tract or parcel of land situated in the Noah Tevis Survey,Abstract No.
52,Jefferson County,Texas and being out of and part of the right-of-way of Main Street(based
on a width of 61.11 feet)and Blanchette Street(called Austin Street per plat)(based on a width
of 61.11 feet)according to the plat of the Original Town Site of Beaumont, Texas as recorded
in Volume 448,Page 249,Deed Records,Jefferson County,Texas,said 0.153 8 acre tract being
more particularly described as follows:
NOTE: All bearings are based on the assumed bearing of SOUTH 43° 42' 53" EAST for the
Northeasterly line of Block 8 of the said Town Site of Beaumont, Texas,the same being the
Southwesterly right-of-way line of Main Street.
COMMENCING at a brass pin in concrete found for the intersection of the Northeasterly right-
of-way line of Orleans Street(based on a width of 61.11 feet)and the Southwesterly right-of-
way line of Blanchette Street, said corner also being the most Westerly corner of Lot 734,
Block 72 of the said Original Town Site of Beaumont,Texas and also being the most Westerly
corner of that certain tract being identified as Tract No.4 as described in a deed from The City
of Beaumont to the Port of Beaumont Navigation District of Jefferson County, Texas as
recorded in Volume 769, Page 361,Deed Records, Jefferson County, Texas;
THENCE NORTH 460 23' 11" EAST, along and with the Southeasterly right-of-way line of
Blanchette Street, for a distance of 567.68 feet to a 5/8" iron rod set for the most Southerly
corner and POINT OF BEGINNING of the tract herein described, said corner also being the
beginning of a curve turning to the left having a radius of 179.96 feet and being subtended by
a chord bearing NORTH 03° 13'28" WEST with a chord length of 240.05 feet;
THENCE NORTHERLY,along and with the said curve and over and across the right-of-ways
of Blanchette Street and Main Street, for an arc length of 262.78 feet to a 5/8" iron rod set for
corner, said corner being in the Northeasterly right-of-way line of Main Street and in the
Southwesterly line of Block 1 of the said Original Town Site of Beaumont,Texas;
THENCE SOUTH 430 42'53"EAST,along and with the Southwesterly line of the said Block
1 and the Northeasterly right-of-way line of Main Street,for a distance of 182.83 feet to a 5/8"
iron rod set for corner,said corner being the intersection of the Northeasterly right-of-way line
of Main Street and the Southeasterly right-of-way line of Blanchette Street;
THENCE SOUTH 460 23' 11" WEST, along and with the Southeasterly right-of-way line of
Blanchette Street, for a distance of 155.87 feet the POINT OF BEGINNING and containing
0.1538 ACRES,more or less.
EXHIBIT "A"
LEGAL DESCRIPTION FOR ORDINANCES PURPOSES continued
TRACT TWO -
BEING a 61.11'x 280'portion of Blanchette Street,beginning at the east right-of-way line of
Main Street and extending 280' in an easterly direction to a dead-end and containing 0.3928
acres, more or less.
File 710--: Request to abandon a portion of Main and Blanchette rights-of-way. N
Location: Comer of Main and Blanchette
Applicant: City of Beaumont for the Port of Beaumont Legend
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Adult novelty store means a commercial establishment which, as one of its
primary businesses, offers for sale or rental for any form of consideration any one or
more of the following:
Instruments, devices, or paraphernalia which are designed for use in connection
with specified sexual activities.
Adult theater means a theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state of nudity or semi-
nude live performances which are characterized by the exposure of specified anatomical
areas or by specified sexual activities.
Adult video store means a commercial establishment which, as one of its primary
businesses, offers for sale or rental for any form of consideration any one (1) or more of
the following:
Films, motion pictures, video cassettes or video reproductions, video or laser
disks, slides, or other visual representations which are characterized by the
depiction or description of specified sexual activities or specified anatomical
areas.
Applicant means the person submitting the application for a sexually oriented
business or sexually oriented business employee license. If applicable, this includes a
designated agent of the applicant and all persons who hold a five (5) per cent or greater
interest in the business.
Child care facility means a facility licensed by the state, whether situated within
the city or not, that provides care, training, education, custody, treatment or supervision
for more than twelve (12) children under fourteen (14) years of age, where such children
are not related by blood, marriage or adoption to the owner or operator of the facility, for
less than twenty-four (24) hours a day, regardless of whether or not the facility is
operated for a profit or charges for the services it offers.
Church means a building, whether situated within the city or not, in which
persons regularly assemble for religious worship intended primarily for purposes
connected with such worship or for propagating a particular form of religious belief.
City council means the elected mayor and council members meeting with a
quorum present after proper notice as required by state law.
City means the City of Beaumont or a person designated to act on behalf of the
city by the city manager.
Conspicuous place means a location within the sexually oriented business, near
its entrance and lighted such that material posted there can be read from a distance of
three (3) feet.
Convicted means and includes a judicial conviction, deferred prosecution,
deferred adjudication, or probation and shall include any of these which are on appeal.
Customer means any person who:
(1) Is allowed to enter a sexually oriented business or any portion of a
sexually oriented business in return for the payment of an admission fee,
membership fee or any other form of consideration or gratuity;
(2) Enters a sexually oriented business or any portion of a sexually oriented
r
business and purchases, rents or otherwise partakes of any merchandise,
goods, entertainment or other services offered therein; or
(3) Is a member of and on the premises of a sexually oriented business
operating as a private or membership club or a sexually oriented business
that reserves any portion of the premises of the sexually oriented
business as a private or membership club.
Employee means a person who performs any service on the premises of a
sexually oriented business on a full-time, part-time or contract basis, whether or not the
person is denominated an employee, independent contractor, agent or otherwise and
whether or not said person is paid or receives a salary, wage, tips, or other
compensation by the manager or customers of said business. By way of example, rather
than limitation, the terms includes the operator and other management personnel, clerks,
dancers, models and other entertainers, food and beverage preparation and service
personnel, door persons, bouncers, and cashiers. It is expressly intended that this
definition cover not only conventional employer-employee relationships but also
independent contractor relationships, agency relationships, and any other scheme or
system whereby the "employee" has an expectation of receiving compensation, tips, or
other benefits from the sexually oriented business or its customers in exchange for
services performed. Employee does not include a person exclusively on the premises for
repair or maintenance of the premises or equipment on the premises, or for the delivery
of goods to the premises, and specifically does not include part-time maid services and
lawn services.
Entertainer means any employee of a sexually oriented business who performs
or engages in entertainment.
Entertainment means any act or performance, such as a play, skit, reading,
revue, fashion show, modeling performance, pantomime, role playing, encounter
session, scene, song, dance, musical rendition or striptease that involves the display or
exposure of specified sexual activities or specified anatomical areas. The term
"entertainment" shall include any employee or entertainer exposing any specified
anatomical areas or engaging in any specified sexual activities whenever in the
presence of customers.
Escort means an individual who, for consideration, agrees or offers to privately
model, dance or similarly perform for another person, or to act as a private companion,
guide or date for another person and offers a service intended to provide sexual
stimulation or sexual gratification to the customer.
Escort agency means a business that, for consideration, furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business purposes and
offers a service intended to provide sexual stimulation or sexual gratification to the
customer.
Hearings officer means an attorney licensed by the Supreme Court of the State
of Texas who is not an employee of the city.
Licensee means a person in whose name a license to operate a sexually
oriented business has been issued, as well as every individual listed as an applicant on
the application for a license; and in the case of an employee, a person in whose name a
license has been issued authorizing employment in a sexually oriented business.
Managing/operating means control of the sexually oriented business, i.e., making
operational or management decisions concerning the sexually oriented business. The
person making these decisions may be referred to as an operator or manager.
Nude model studio means any place where a person who appears semi-nude, in
a state of nudity, or who displays specified anatomical areas and is provided to be
observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by
other persons who pay money or any form of consideration. "Nude model studio" shall
not include a proprietary school licensed by the state or a college, junior college or
university supported entirely or in part by public taxation; a private college or university
which maintains and operates educational programs in which credits are transferable to
a college, junior college, or university supported entirely or partly by taxation; or in a
structure:
(1) That has no sign visible from the exterior of the structure and no other
advertising that indicates a nude or semi-nude person is available for
viewing; and
(2) Where in order to participate in a class a student must enroll at least three
(3) days in advance of the class; and
(3) Where no more than one (1) nude or semi-nude model is on the premises
at any one time.
Nude, nudity or a state of nudity means the showing of the human male or
female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully
opaque covering, or the showing of the covered male genitals in a discernibly turgid
state.
Person means an individual, proprietorship, partnership, corporation, association,
or other legal entity.
Primary business. A commercial establishment may have other primary business
purposes that do not involve the offering for sale or rental of material depicting or
describing "specified sexual activities" or "specified anatomical areas" and still be
categorized as an adult bookstore, adult novelty store, or adult video store. Such other
business purposes will not serve to exempt such commercial establishments from being
categorized as an adult bookstore, adult novelty store, or adult video store so long as
one (1) of its primary business purposes is the offering for sale or rental for consideration
the specified materials which are characterized by the depiction or description of
specified sexual activities or specified anatomical areas. For the purpose of this article, a
primary business purpose is one which would generate at least ten (10) per cent of the
gross revenue of the commercial enterprise from sexually oriented business activities.
Public building means a building used by federal, state, or local government that
is open to the general public.
Public park means a publicly owned or leased tract of land, whether situated in
the city or not, designated, dedicated, controlled, maintained and operated for use by the
general public for active or passive recreational or leisure purposes by the city or any
political subdivision of the state and containing improvements, pathways, access or
facilities intended for public recreational use. The term "public park" shall not include
parkways, public roads, rights-of-way, esplanades, traffic circles, easements or traffic
triangles unless such tracts or areas contain and provide improvements or access to a
recreational or leisure use by the public.
School means a building, whether situated within the city or not, where persons
regularly assemble for the purpose of instruction or education together with the
playgrounds, stadia and other structures or grounds used in conjunction therewith. The
term is limited to:
(1) Public and private schools used for primary or secondary education, in
which any regular kindergarten or grades 1 through 12 classes are
taught; and
(2) Special educational facilities in which students who have physical or
learning disabilities receive specialized education in lieu of attending
regular classes in kindergarten or any of grades 1 through 12.
Semi-nude or in a semi-nude condition means the showing of the female breast
below a horizontal line across the top of the areola at its highest point or the showing of
the male or female buttocks. This definition shall include the entire lower portion of the
human female breast, but shall not include any portion of the cleavage of the human
female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing
apparel provided the areola is not exposed in whole or in part.
Sexual encounter center means a business or commercial enterprise that, as one
of its principal business purposes, offers for any form of consideration:
(1) Physical contact in the form of wrestling or tumbling between persons of
the opposite sex; or
(2) Activities between male and female persons and/or persons of the same
sex when one or more of the persons is in a state of nudity or semi-nude:
Sexually oriented business means an adult arcade, adult mini-theatre, adult
bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion
picture theater, adult theater, escort agency, nude model studio, sexual encounter
center, or other commercial enterprise, including parking lots and other areas used in the
operation of the sexually oriented business, where one of the primary businesses is the
offering of a service or the selling, renting, or exhibiting of devices or any other items
intended to provide sexual stimulation or sexual gratification to the customer.
Sign means any display, design, pictorial, or other representation, which shall be
so constructed, placed, attached, painted, erected, fastened or manufactured in any
manner whatsoever so that the same is visible from the outside of a sexually oriented
business and that is sited to seek the attraction of the public to any goods, services, or
merchandise available at such sexually oriented business, specifically including signs
not located on the premises of the sexually oriented business. The term "sign" shall also
include such representations painted on or otherwise affixed to any exterior portion of a
sexually oriented business as well as such representations painted on or otherwise
affixed to any part of the property upon which such a sexually oriented business is
situated.
Specific anatomical areas means:
(1) The human male genitals in a discernibly turgid state, even if completely
and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic
region, buttocks or a female breast below a point immediately above the
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top of the areola; or
(3) Any combination of the foregoing.
Specified criminal activity means any of the following offenses:
(1) Prostitution, promotion of prostitution, aggravated promotion of
prostitution, compelling prostitution, obscenity, sale, distribution, or
display of harmful material to a minor, sexual performance by a child, or
possession of child pornography as described in chapter 43 or successor
statutes of the Texas Penal Code;
(2) Public lewdness, indecent exposure, or indecency with a child as
described in chapter 21 or successor statutes of the Texas Penal Code;
(3) Sexual assault or aggravated sexual assault as described in chapter 22
or successor statutes of the Texas Penal Code;
(4) Incest, solicitation of a child or harboring a runaway child as described in
chapter 25 or successor statutes of the Texas Penal Code;
(5) Gambling, gambling promotion, keeping a gambling place,
communicating gambling information, possession of gambling devices or
equipment, or possession of gambling paraphernalia as described in
chapter 47 or successor statutes of the Texas Penal Code;
(6) Forgery, credit card abuse or commercial bribery as described in chapter
32 or bribery as described in chapter 36 or successor statutes of the
Texas Penal Code;
(7) A criminal offense described in chapter 481, subchapter D or chapter 483,
subchapter C, or successor statutes of the Health and Safety Code;
(8) A criminal offense as described in chapter 34 or successor statutes of the
Texas Penal Code;
(9) A criminal offense defined in the Texas Alcoholic Beverage Code which
occurred at any time in the scope of employment at a sexually oriented
business or any offense involving the use of alcohol except minor in
possession and public intoxication convictions which do not exceed one
(1) within a three-year period;
(10) Any misdemeanor or felony offense associated with or related to the
operation of a sexually oriented business or conduct by the holder of a
sexually oriented business employee license in the scope of employment
at a sexually oriented business.
(11) Criminal attempt, conspiracy or solicitation to commit any of the foregoing
offenses; or any other offense in another state or under federal statutes
that, if committed in this state, would have been punishable as one or
more of the aforementioned offenses; or
(12) A violation of the provisions of this article.
Specified sexual activities means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region,
buttocks, anus, or female breasts, whether clothed or nude;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse,
oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of or in connection with any of the activities
set forth in (1) through (2) above; or
(4) Any combination of the foregoing.
Transfer of ownership or control of a sexually oriented business means and
includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of a controlling interest in the business, whether by sale,
exchange, receivership, bankruptcy, or similar means; or
(3) The establishment of a trust, gift or other similar legal device which
transfers the ownership or control of the business, except for transfer by
bequest or other operation of law upon the death of the person
possessing the ownership or control.
(Ord. No. 00-10, § 1, 1-25-00)
Sec. 7-83. License required.
(a) It is unlawful:
(1) For any person to knowingly or intentionally operate a sexually oriented
business without a valid sexually oriented business license issued by the
city pursuant to this article.
(2) For any person who operates a sexually oriented business to knowingly,
intentionally, or recklessly employ a person to work for the sexually
oriented business who is not licensed as a sexually oriented business
employee by the city pursuant to this article.
(3) For any person to be employed by a sexually oriented business unless
that employee secures a sexually oriented business employee license on
the next business day after becoming employed.
(b) An applicant for a sexually oriented business license issued under this article for
a location not previously licensed shall, not later than the sixtieth day before the
date the application is filed, prominently post an outdoor sign at the location
stating that a sexually oriented business is intended to be located on the
premises and providing the name and business address of the applicant.
The sign must be at least twenty-four (24) by thirty-six (36) inches in size, must be
written in lettering at least two (2) inches in size and located within three (3) feet of the
right-of-way of the street which is the main access to the property. The sign shall be in
both English and Spanish.
(c) An application for a license must be made on a form provided by the city and
submitted to the chief of police or his designee. Each application submitted to the
chief of police must be accompanied by a copy of the receipt issued by the city
establishing that the application and inspection fee have been paid.
(d) All applicants must be qualified according to the provisions of this article. The