HomeMy WebLinkAboutPACKET APR 17 2007 �lu
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 17,2007 1:30 P.M.
CONSENT AGENDA
* Approval of minutes
* Confirmation of committee appointments
Isaac Cheatham would be appointed to the Convention and Tourism Advisory Board. The term
would commence April 17, 2007 and expire April 16, 2009. (Councilmember Bobbie J. Patterson)
A) Approve the purchase of a truck cab and chassis for the Parks Division
B) Authorize the acceptance of a fifteen(15) foot wide water line easement for fire hydrants
across from Dowlen Green Condominiums, Unit One property to serve a portion of The
Sanctuary Subdivision on Bell Pointe Drive
C) Authorize the City Manager to apply for and receive funding through the Target Law
Enforcement Grant Program
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the following appointment be made:
Beginning Expiration
Appointment Commission of Term of Term
Isaac Cheatham Convention & Tourism Advisory Board 04/17/07 04/16/09
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
- Mayor Guy N. Goodson -
A
City Council Agenda Item
IL
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 12, 2007
REQUESTED ACTION: Council consider the purchase of a truck cab and chassis for
the Parks Division.
RECOMMENDATION
Administration recommends authorization for the purchase of a 2007 GMC truck cab and chassis
from Rush Truck Center through the Houston-Galveston Area Council (H-GAC) cooperative
purchasing program for$35,241. The total cost includes a$600 H-GAC administration fee.
BACKGROUND
The 2007 GMC 2-ton cab and chassis will be purchased for use by the Parks Division as part of a
cab-over spray truck used to spray herbicides on roadsides,ditches,rights-of-way,and medians.The
new unit will be mounted with a roadside vegetation spraying system that includes front spray booms
and a 725 gallon water tank. Bids will be solicited for the spraying system following the purchase
of the cab and chassis.
The new spray truck will replace Unit 3218, a 1991 Ford 476 spray truck which has exceeded its
useful life and will be disposed of according to the City's surplus property disposal policies.
Standard warranties of 36,000 miles or three (3) years are provided for each new vehicle. The
warranty service is provided by the local authorized dealership. Delivery is expected in
approximately sixty (60) days.
BUDGETARY IMPACT
Funds are budgeted in the Capital Reserve Fund in the amount of$90,000 for the purchase of both
the cab and chassis and the spraying system.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the purchase of a 2007 GMC truck cab and
chassis for the Parks Division from Rush Truck Center through the Houston Area Council
(H-GAC) in the amount of$35,241.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
April, 2007.
- Mayor Guy N. Goodson -
B
......�
City Council Agenda Item
Im c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 10, 2007
REQUESTED ACTION: Council consider a resolution authorizing the acceptance of a fifteen
(15) foot wide water line easement for fire hydrants across Dowlen
Green Condominiums, Unit One property to serve portion of The
Sanctuary Subdivision on Bell Pointe Drive.
RECOMMENDATION
Administration recommends acceptance of the above named easement.
BACKGROUND
Sam C. Parigi,Jr.,President,Board of Managers of Dowlen Green Condominiums Unit 1 Property
Owners Association, has agreed to convey a fifteen(15) foot wide water line easement to the City
of Beaumont. The Water Line Easement will provide access to the water lines and fire hydrants
for The Sanctuary Subdivision on Bell Pointe Drive [0.0906 acre of land out of the H. Williams
League]. It would also allow for the construction, alteration, operation and maintenance of the
said water lines and appurtenances.
BUDGETARYIMPACT
None.
engdowlen_green-ibmpd
10 April 2007
RESOLUTION NO.
WHEREAS, Sam C. Parigi, Jr., President, Board of Managers of Dowlen Green
Condominiums Unit I Property Owners Association, has agreed to convey to the City of
Beaumont a fifteen-foot (15')wide Water Line Easement, being a 0.0906 acre of land out
of Dowlen Green Condominiums, Unit I, Jefferson County, Texas, as described on Exhibit
"A" attached hereto, for the purpose of providing access for fire prevention services; and,
WHEREAS, the City Council has considered the purpose of said conveyance and
is of the opinion that the acceptance of said conveyance is necessary and desirable and
that same should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the easement conveyed by Sam C. Parigi, Jr., President, Board of Managers of
Dowlen Green Condominiums, Unit I Property Owners Association,as described on Exhibit
"A," be and the same is hereby, in all things, accepted.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
- Mayor Guy N. Goodson -
EXHIBIT"A",PAGE 1 OF 3
FIELD NOTE DESCRIPTION
FOR A
0.0906 ACRE TRACT
FOR A 15' WIDE WATER LINE EASEMENT
OUT OF
DOWLEN GREEN CONDONIINIUMS,UNIT I
JEFFERSON COUNTY, TEXAS
MARCH 30, 2007
That certain 0.0906 acre tract for a 15'wide water line easement, out of Dowlen Green
Condominiums, Unit I, a plat recorded in Volume 2, Page 180 and 181 of the Condominium
Records of Jefferson County, Texas, said 0.0906 acres being more particularly described by
metes and bounds as follows:
NOTE. The Basis of Bearing is a northerly line of Lot 2 of Bell Pointe, a plat recorded in Volume
16, Page 379 of the Map Records of Jefferson County, Texas having been called North
72°40'25" West 375.42 feet.
BEGINNING at a aluminum disk found in a northerly line of said Lot 2 for an exterior comer of a
tract conveyed to Amoco Production Company as recorded in Volume 2238, Page 101 of the
Deed Records of Jefferson County, Texas and the southwest corner of said Dowlen Green
Condominiums, Unit I and the said 0.0906 acre tract from which a found Amoco concrete
monument bears North 72 040'25"West 71.61 feet(called North 72 040'25"West);
THENCE North 15 043'05" East along an east line of the said Amoco tract and the west line of
said Dowlen Green Condominiums, Unit I a distance of 210.00 feet (called North 15043'36" East
210.00 feet) to a point for the southwest comer of Dowlen Green Condominiums, Unit II, a plat
recorded in Volume 2, Page 182 and 183 of the Condominium Records of Jefferson County,
Texas and the northwest comer of said Unit I and the 0.0906 acre tract;
THENCE South 69°31'59" East along the southerly line of said Unit II and the northerly line of
said Unit I a distance of 69.21 feet to a point for the northeast corner of the said 0.0906 acre
tract;
THENCE South 20°28'01"West a distance of 15.00 feet to a point for comer,
THENCE North 69 031'59"West a distance of 52.91 feet to a point for comer,
THENCE South 15°43'05"West a distance of 194.12 feet to a point in the said northerly line of
Lot 2 and the southerly line of said Unit I for the southeast comer of the said 0.0906 acre tract
from which a capped iron rod found for the northeast corner of said Lot 2 bears South 72°40'25"
East 278.64 feet (called South 72°40'25" East);
Fittz&Shipman,Inc
Page 1 of 3
Project No. 06873 WtrEsmt
Plat&Description
EXHIBIT "A", PAGE 2 OF 3
THENCE North 72 040'25"West along the said northerly line of Lot 2 and said southerly line of
Unit I a distance of 15.01 feet (called North 72°40'25"West) to the POINT OF BEGINNING and
containing 0.0906 acres of land, more or less.
This Field Note Description is based on a survey performed by Fittz&Shipman, Inc. during
January and February 2007.
G$�
Walter J. Ksiazek
Registered Professional Land Su eyor No. 5321 *�:•�EGI*FRFO•��.� 1
WALTER,1. K I
ZEK
...........
0'O9 5321 "..-. '
1 g�yNOSFSS.OV Q
URVE
Fittz&Shipman,Inc
Page 2 of 3
Project No. 06873 WtrEsmt
Plat&Description
EXHIBIT W, PAGE 3 OF 3
DOWLEN GREEN
UNIT II
VOL. 2, PG. 182 & 183, C.R.J.C.
WATER LINE /93oS9 f'3'"ej u�Y eyc��
EASEMENT ` 6� � M�vr
0.0906 ACRE r_l �'
1 , J o
�15' pqK �
N 69•RaL F T
3�3g� W J
5?9�
S 20'28'01' W
15.00
r
00
S A L E �e /
W N •.
I o o �3
o='h .,'d •� ••.CONCRQZr.
PARKANfi
NOW OR FORMERLY
AMOCO PRODUCTION COMPANY
VOL. 2238, PG. 101, O.R.J.C. '" • �
/20. OAK / DOWLEN GREEN
FOUND AMOCO_ 120 DRIP 0 .,/. .�•.. y.. : UNIT I
CONCRETE I .
MONUMENT /' : ... COL. 2. PC. 180&181, C.R.J.C.
POINT OF
BEGINNING
FOUND
ALUM
DISK
FOUND
LOT 2 (cq ro ;2-40, CAPPED
BELL POINTE � bNO25• W e64 IRON ROD
fe4s�s 3BS
VOL 16, PG. 379, M.R.J.C. �@fAR/,VGS�s46
SURVEYOR'S CERTIFICATE:
1 00 HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND
BELIEF, THAT THIS IS AN ACCURATE PLAT OF A SURVEY MADE
ON THE GROUND UNDER MY SUPERVISION DURING JANUARY (�OF tF
AND FEBRUARY 2007.
TE
WALTER J. KSIAZEk v
5321
WALTER J. KSIAZEK `•�OFE$$10�P
REGISTERED PROFESSIONAL LAND SURVE R NO. 5321 9N ••••°.10
URV
Q:\PROJECTS\06873\8730wtreamt.dwg Mar 30, 2007 02:49pm
Fittz&Shipman SITE PLAN FOR A WATER LINE EASEMENT SHEET N0.
CO SE^8�•�w+dLartdSurnynrs INC. PROJECT NAME; THE LEYENDECKER GROUP 3
1405 CORNERSTONE COURT, BEAUMONT, TEXAS BEAUMONT
(409)832-7238 FAX (409) B32-7303 JEFFERSON COUNTY, TEXAS PROJECT NO.
)ATE:3/30/07 06873
c
....,, City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin, Jr., Chief of Police
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 9, 2007
REQUESTED ACTION: Council consider authorizing the City Manager to apply for
and receive funding not to exceed $2,000 through the Target
Law Enforcement Grant Program.
RECOMMENDATION
Administration recommends authorizing the City Manager to apply for and receive funding through
the Target Law Enforcement Grant Program.
BACKGROUND
In 1990, Target established the Law Enforcement Grant Program to supplement the financial
resources of law enforcement agencies. Since its inception, the Law Enforcement Grant Program
has awarded millions of dollars to other law enforcement agencies. The grant funding would be used
to purchase digital cameras to assist detectives in their investigations.
BUDGETARY IMPACT
City would receive up to $2,000 without a requirement of any city"match" funding.
Overview
Target has given 5% of its income to communities since 1946. This year, we'll
give more than $3 million every week and part of this funding will support
Target & BLUE law enforcement partnership initiatives. One example of this is
our Law Enforcement Grant Program which focuses on two areas:
Preventing, deterring, and detecting crime
Creating and supporting safe communities
In 1990, Target established the Law Enforcement Grant Program to supplement
the financial resources of law enforcement agencies. Our grant program
supports Target and law enforcement efforts to provide safe environments for
guests and team members, eliminate theft and fraud in the retail community,
and reduce crime in the neighborhoods where our guests and team members live
and work. Since its inception, the Law Enforcement Grant Program has awarded
millions of dollars to local law enforcement.
The grant program may fund items such as bicycles for patrols, child
identification kits, steering wheel locks to address auto theft issues,
engravers for identification programs to address community burglary incidents,
crime prevention literature, binoculars and night-vision scopes, computers and
digital cameras.
Program Specifics
Target provides law enforcement grants to agencies serving a community in
which a Target store or distribution center operates. Most grants average
between $250 and $2, 000.
Target accepts grant applications electronically between March 1 and May 31.
Law enforcement agencies will receive communication regarding the status of
their request by Sept. 30.
Priority is given to law enforcement agencies that:
are unable or find it difficult to purchase needed
equipment or supplies due to budget constraints.
will be better equipped to contribute to the safeness
of the community once the item(s) is purchased.
support programs that meet an identified community
need.
will use the funds to increase or improve community
outreach, or positively impact reported crime incidents in their communities.
Target does not make grants to:
Individuals
Capital campaigns and endowment fund drives
Religious organizations for religious purposes
abuse) Treatment programs (such as alcohol and substance
Athletic teams or events
Advocacy or research groups
Fund salaries
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to apply for and receive funding
not to exceed $2,000 through the Target Law Enforcement Grant Program.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
Mayor Guy N. Goodson -
City of Beaumont
REGULAR MEETING OF THE CITY COUNCIL
COUNCIL CHAMBERS APRIL 17, 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 1-4/Consent
Agenda
* Consent Agenda
GENERAL BUSINESS
1. Consider amending Chapter 19 of the Code of Ordinances related to oil and gas
wells
2. Consider approving a request for a historic preservation loan for repairs to a house
at 1822 Broadway
3. Consider approving a contract for the purchase of cement liner materials for
manhole rehabilitation for use by the Water Utilities Department
4. Consider authorizing an application for, and acceptance of new funding for the
Southeast Texas Auto Theft Task Force
WORKSESSION
* Review and discuss proposed budget allocations for the Public Services, which
includes the Emergency Shelter Set-Aside, and the Public Facilities and
Improvements line items of the 2007 Consolidated Block Grant Program
5. Consider approving a resolution adopting the 2007 Consolidated Block Grant
Program
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:
Elma Ardoin v City of Beaumont, et al
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
April 17,2007
Consider amending Chapter 19 of the Code of Ordinances related to oil and gas wells
.,..,, City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Jim Thompson, Parks and Recreation Director
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 11, 2007
REQUESTED ACTION: Council consider amendments to Chapter 19 of the Code of
Ordinances.
RECOMMENDATION
Administration recommends approval of the amendments proposed for Chapter 19 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
19, related to oil and gas wells, were provided to the City Council for review.
Following the plan, Chapter 19 is being brought forward for consideration and approval. The
language related to seismographic testing permits in Section 19-2 was previously located in Chapter
18. The notification requirements added to Section 19-5 codify the city's existing procedures.
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 19 OIL AND GAS WELLS*
*Cross references: Seismographic surveys, § 18-13.1; zoning, ch. 30.
State law references: For state law on the subject, see VTCS, Art. 6029 et seq.
Sec. 19-1. Definitions.
For the purpose of this chapter, all technical or oil and gas industry words or
phrases used herein and not specifically defined herein shall have that meaning
customarily attributed to them by the oil and gas industry. The following words and terms
wherever and whenever used or appearing in this chapter shall have the scope and
meaning hereinafter defined and set out in connection with each:
Applicant.Any person who applies for a drilling permit hereunder.
Approved, approved type, or approved design: Improvements, equipment or
facilities of a type or design approved by the uilding
official.
Building code:The portion of this Code or any ordinance of the city known by that
title and all amendments thereto.
Building permit.The permit required by the building code.
Completion of drilling. A well is completed, for the purpose of these regulations,
thirty (30) days after the drilling crew has been released. The drilling crew is released
within the meaning of this paragraph when work at the wellsite for drilling or completing
the well is suspended, either temporarily or permanently.
Derrick. Any structure, improvement, equipment, or facility, and each and every
part thereof, whether completed or not, and which is required, or used or useful for or in
connection with drilling, operating, or maintaining a well for the production of oil, gas or
other hydrocarbons from the earth, together with all parts of and appurtenances to such
structure, improvement, equipment, or facility, including, but not limited to, foundations
and sills therefor, pumphouses, engine-houses, or housings, pipe-racks, postings,
walkways, mud-ditches, and crown block.
Designated agent:The designated agent of applicant or permittee.
Diligence: That the drilling derrick is in its operating position over the well,
properly anchored and supported and that an operating crew is on duty at the drill site at
all reasonable times.
Drill site: The premises used during the drilling and subsequent life of a well or
wells, which is necessary for the safe operations thereof.
Drilling. Entry onto the site with equipment and/or personnel for the specific
purpose of actually opening a well hole intended to produce oil or gas.
Erect. To build, construct, install, assemble, put together, improve, alter, move,
reconstruct, restore, renovate, renew or repair any building, structure, improvement or
facility, or any part or portion thereof or foundations therefor, or appurtenance thereto,
whether or not such building, structure, improvement or facility is completed, or to work
upon, or in any way assist in such erection.
Flammable liquids: Oil and other fluid hydrocarbons, including liquefied gases or
other flammable liquids, having a flash point below two hundred (200) degrees
Fahrenheit. The flash point of all commodities shall be determined by the Elliot, Abel,
Abel-Pensky, or Tag closed cap testers, but the Tag closed cap tester, standardized by
the Wnited States Bum National Institute of Standards and Technology, shall be
authoritative in case of dispute. All tests shall be in accordance with the methods
adopted by the American Society for Testing Materials, and approved by the American
National Standards-Assesiatee Institute, or their successors.
Gas:The gaseous components or vapors occurring in or derived from petroleum
or natural gas.
Lessee: The possessor of the right to explore and recover minerals from the
premises.
Lessor.•The owner of mineral rights.
Maintain: To repair, or otherwise keep or place in working condition, and also to
permit, or authorize to exist, regardless of whether any actual maintenance work is done.
For the purposes of this chapter, an oil well, well-hole, derrick and production equipment,
shall be deemed to be "maintained" upon the premises in and upon which the same
were or are being drilled, erected or installed, until the following tasks are accomplished:
(1) Every part of such derrick and production equipment shall be removed
from the drill site.
(2) All requirements for abandonment established by the state and any other
regulatory authority having jurisdiction must be met.
(3) All sumps, cellars, rotary mud, concrete, oil and rubbish must be removed
and the drill site cleaned and all ditches must be leveled.
(4) All property of the city which may have been disturbed or damaged by the
operations at the drill site shall be repaired and cleaned as needed and
restored to substantially the same condition as existed at the time of the
issuance of the permit.
Maintenance:The repair and replacement of parts of a structure when the repair
or replacement does not alter or lessen the strength or stability of the structure.
Non-urbanized drilling site: A drill site shall be considered non-urbanized if no
occupied commercial, residential or industrial structure exists in use within one thousand
(1,000) feet of the proposed well-hole.
Occupied structure:Only those structures that are regularly occupied by persons
at least twenty (20) hours per week.
Oil. Petroleum and other fluid hydrocarbons obtained from the earth.
Operate: To work or act upon, or to cause or permit natural or artificial forces to
function in connection with any structure, plant, equipment, machinery, or facility with the
purpose of utilizing the same for the purpose for which it was or is erected or maintained,
or for any other purpose, and when used with reference to a well, well-hole, derrick or
production equipment, means and includes any acts or functions performed or permitted
to occur in connection with such well, well-hole, derrick or production equipment from
and after the completion of the drilling of the well, for the purpose of producing or
obtaining oil, gas, or other hydrocarbons from the ground, and for the purpose of
collecting and handling the same and making deliveries thereof at the well or from the
shipping tanks or lease tanks in the vicinity of the well. "Operate" includes all functions
performed or permitted to occur in connection with such production, collection, handling
and delivery, including the repair, reconditioning, restoration, perforating, redrilling or
deepening of said well or well-hole, and the dehydration or cleaning of said oil prior to
making such deliveries as aforesaid.
Operator.• The person, whether owner, lessee, or independent contractor,
actually in charge and in control of the drilling, maintenance, operation or pumping of a
well or lease.
Owner.•A person who has legal or equitable title to the surface of the drill site.
Permit or drilling permit. The written, typed or printed permission issued to
applicant by the GGG19 9AfGFG9FAent adminis#atoF gilding official under the authority of
this chapter.
Permittee:Any person to whom a permit has been granted and issued under and
pursuant to the terms of this chapter by the building
official.
Person: An individual; a receiver; a trustee; a partnership; a joint adventure; a
firm; an unincorporated association; a syndicate; a club; a society; a trust; a private
corporation; a public corporation; a municipal corporation; a county, a state, or national
government; a commission; a water district; a utility district; a political subdivision; and a
drainage, irrigation, levee, reclamation, flood control, or water conservation district,
whether acting for himself or itself or in any representative capacity.
Production equipment. Pumping equipment, tubing, pipes, gauges, meters,
valves, oil and gas separators, sumps, flow tanks, production tanks, shipping tanks,
lease tanks, shipping pumps, loading racks and all other structures, machinery,
equipment and facilities, and each and every part thereof, whether completed or not,
required for or used or useful in connection with the operation, repair, reconditioning,
redrilling or maintenance of a well or well-hole, and the collection, handling and delivery
of oil, gas or other hydrocarbons therefrom, and which structures, machinery, equipment
and facilities are not included in the "derrick", "well', or "well-hole", as heretofore defined.
"Production equipment" also includes any wash tanks, dehydration plant or other
equipment or facility operated or maintained by or in behalf of the operator of said well
for the purpose of separating sand, water and other foreign substances from the oil, gas
or other hydrocarbons produced or obtained by said operator, prior to shipping or
delivering said oil from the shipping tanks or lease tanks at the well, or in the vicinity
thereof.
Redrilling: The deepening of an existing oil well or otherwise drilling beyond the
extremities (to the side) of the existing well casing. The provisions of this chapter relating
to drilling shall be equally applicable to redrilling.
Structure: That which is built or constructed; a tank, edifice, or building of any
kind.
Suspended operations: The approved temporary suspension of drilling or
redrilling operations pending a resumption of operations or abandonment.
Tank: A container, covered or uncovered, used in conjunction with the drilling or
production of an oil well, for holding or storing liquids at or near atmospheric pressure.
Urbanized drilling site: A drill site shall be considered urbanized where an
occupied commercial, residential or industrial structure exists within one thousand
(1,000) feet of the proposed well-hole.
Well head.• A well head is composed of the bradenheadcasinghead, Christmas
tree and all well connections.
(Code 1958, §24-1; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-2. Permit required (drilling or seismographic testing); acts
constituting nuisances.
(a) No person shall conduct any drilling or redrilling within the corporate limits of the
City of Beaumont without having obtained a permit for said drilling or redrilling
under this chapter.
(b) It is hereby declared a nuisance for any person to conduct any drilling operations
within one thousand (1,000) feet of the property line of any school of the
Beaumont Independent School District
8is#ist-without the prior written consent of the board of trustees of said districts,
Fespes , or within one thousand (1,000) feet of the property line of any
parochial or charter school without the prior written consent of the board of
trustees or other governing body of said pareshiaI_-schools. It is hereby declared
a nuisance for any person to conduct any drilling operations within one thousand
(1,000) feet of a property line of any hospital, convalescent home, orphanage or
nursing home located within the city limits of the City of Beaumont without the
prior written consent of the owner or owners thereof. It is hereby declared a
nuisance for any person to conduct any drilling or redrilling operation outside the
city limits of the City of Beaumont closer than one thousand (1,000) feet to any
occupied structure other than a school, hospital, convalescent home, orphanage,
or nursing home located within such city limits without obtaining a permit for said
drilling or redrilling under this chapter.
(c) It is hereby declared a nuisance for any person to construct any storage tank or
tanks within one thousand (1,000) feet of the property line of any school of the
Beaumont Independent School
Oist�without the prior written consent of its #te-board of trustees ef said
districts,s, espesti ely, or within one thousand (1,000) feet of the property line of
any parochial or charter school without the prior written consent of the board of
trustees or the governing body of said parochial-schools or within one thousand
(1,000) feet of any hospital, convalescent home, orphanage or nursing home
located either within or outside the city limits of Beaumont without the prior
written consent of the owner or owners thereof.
(d) It shall be unlawful for any person to conduct seismographic testing within the
city without a permit, as set out below:
(1) Seismographic permits (within the city) $ 50.00
Plus. (2) or (3) if applicable
(2) Per shot hole on city property or rights-of-way $100.00
(3) Mobile vibratory units on city property or rights-of-way per mile or portion
of a mile . . . $1,200.00
(Code 1958, §24-2; Ord. No. 76-38, § 1, 3-23-76; Ord. No. 78-78, § 1, 7-18-78)
Sec. 19-3. Review and action on permit application; approval or
disapproval of operations.
IIt shall be the responsibility of the GGde enfaFGement admiRiStFatw gilding official
to review impartially and to approve or disapprove all applications for drilling permits.
The Gede eRfaFGement administFatwbuilding official, based upon the criteria established
herein, may require the applicant for a permit hereunder to do those things necessary to
insure the health, safety, and welfare of the citizens of the city. Items required shall be
Iclearly stated in the permit issued hereunder. The
Ad_1M11i1M11GtFatGFbuiIdinQ official is hereby authorized to approve or disapprove the actions of
the permittee not otherwise covered by the permit application during the drilling and
I post-drilling operations in accordance with the terms of this chapter only. The cede
buildinq official shall issue or deny a permit within ten (10)
days of receipt of a properly completed application for drilling at a non-urbanized drilling
site. The GGG19 9RfGFG9FAent adminiStFatGFbuilding official shall issue or deny a permit
within thirty (30) days of the receipt of a properly completed application for drilling at an
urbanized drilling site.
I (1) If the Gede 8AfGFGeFn9A1 adR444s#a4GFbuiIdin_q official denies a drilling
permit, he shall notify the applicant in writing of such denial and the
reasons therefor.
(2) If the uildinq official grants a drilling
permit, the permit, in a form as determined by the
administFatef building official, shall be mailed to the applicant.
(Code 1958, § 24-3; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-4. Form of permit application; permit fee.
(a) Applications for permits to drill or redrill any oil or gas well shall be made in
writing to the Gode eRfGFGeFA9Rt adMiRi6tFatGF_uiIdinq official and shall include the
following:
(1) The legal description of the proposed drill site and the legal description of
the real property in the city which the applicant proposes to explore for oil
and gas purposes. A map shall be attached to the application, which map
shall clearly show and outline the proposed drill site with reference to
existing city street or city limits.
(2) A statement of what property the applicant has the right, by reason of
ownership or permission of the owner, to pass through and enter for
drilling purposes and a further statement that the applicant agrees, in
finally locating the well, not to pass through or enter any property where
he does not have such right.
(3) The proposed location, type, kinds, size, and amount of major equipment
and a general description and the method of operation of the proposed
well.
(4) The proposed method of handling and using any product proposed to be
developed at the well site and the proposed method of disposing of all
waste products anticipated.
(5) A statement from a licensed surveyor or registered professional engineer
verifying the drill site as being either an urbanized or a non-urbanized
drilling site as defined herein.
(b) Each application shall state the maximum depth to which the applicant desires to
drill, and each application shall be accompanied by an application fee of ten
cents ($0.10) per foot of depth. The maximum fee for any one well shall be one
thousand dollars ($1,000.00). Should the applicant drill to a greater depth than
that stated in his application, a supplemental fee shall be required based upon
the increased depth.
(Code 1958, §24-4; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-5. Notification.
(a) Permittee shall publish notices in the local newspaper in the manner and
order set forth below:
1st Notice - to be published at least three (3) days prior to the start of any
drilling, blasting, and/or vibratory testing Running time - one (1) day.
2nd Notice - to be published on the day which drilling blasting and/or
vibratory first begins. Running time - one (1) day.
Such work may continue no more than three (3) consecutive
working days of non-production. If drilling blasting and/or
vibratory testing does not occur during this time another
notice must be published on the day such work will restart
Additional notices must be republished to coincide with
intermittent work. Running time - one (1) day each
occurrence.
Final Notice - to
be published when any such drilling blasting and/or
vibratory testing is approximately fifty percent (50%) complete Running
time - one (1) day.
Aforementioned notices shall appear in the classified section under legal
notices. The notice shall indicate the scope of operations to be performed and
will detail the approximate dates and time (starting and ending) and general
location of work to be performed.
The City of Beaumont Engineering Division shall be notified when the
notice has been placed with the newspaper and what dates it will be published
(b) Permittee is required to notify the following entities twenty-four (24) hours
prior to the start of any drilling, blasting or vibrancy testing:
Fire Department - Fire Marshal (409-880-3905) BLASTING WORK
ONLY;
Engineering Division (409-880-3725)• and
All residents abutting test route.
If more than three (3) consecutive working days of non-production occur,
Permittee must contact the Fire Department twenty-four (24) hours in advance of
any blasting to be done after a period of intermittent work
In addition, Permittee is required to notify any and all other entities
directly or indirectly, involved through other permits or agreements
Sec. 19-6. Bond required; amounts, conditions.
Prior to the issuance of any permit hereunder, the applicant shall furnish the cede
building official with a bond in the principal sum of tweRty five
seventy-five thousand dollars ($75,000) per drill site.
Such bond shall be executed by an insurance company authorized to do business in the
state, as surety, and with applicant as principal, naming the city for the benefit of the city
conditioned that the permittee will comply with the terms and conditions of this chapter.
In addition, the bond will be conditioned that the applicant will promptly pay fines,
penalties and other assessments imposed upon applicant by reason of the breach of any
of the terms, provisions and conditions of this chapter, and that the applicant will
promptly restore to their former condition streets, sidewalks, and other public property
which may be damaged in drilling operations; and that the applicant will comply with all
fencing, screening and site restoration requirements of this chapter. If at any time the
building official should find the applicant's bond to be
insufficient for any reason, he may require the applicant to file a new bond.
(Code 1958, §24-6; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-7. Reduction of amount of bond.
Upon written request from a permittee, who has complied with all provisions of
this chapter, the gilding official may permit a reduction
of the permittee's bond to a sum of not less than ten thousand dollars ($10,000.00) per
drill site for the remainder of the time such well produces.
(Code 1958, §24-7; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-8. Insurance required; types, amounts.
Prior to issuance of any permit hereunder, applicant shall furnish the sede
gilding official with a certificate of insurance showing a valid
policy or policies of public liability insurance, covering bodily injuries and property
damage. Said insurance shall be written by a company authorized to do business in this
state. Such policies shall provide for the following minimum coverage:
(1) Bodily injuries and general liability one occurrence:
5 000 000 in an urbanized area.
(2) Property damage: 2,500.000 in an urbanized area.
(3) Bodily injuries and general liability one occurrence: $1,000,990
$2,500,000 in an non-urbanized area.
(4) Property damage: 1 000 000 in a non-urbanized area.
(Code 1958, §24-8; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-9. Waiver of bond and insurance to financially responsible person.
IThe Gode 9Rf9FG9FR9Rt adFniAistFatGFbuiIdinq official may waive the requirements
for surety bond and policies of insurance as required herein as to any permittee who is
financially responsible and capable of meeting obligations for amounts in excess of We
ten million dollars ($10,000.000) upon permittee filing with
the building official in lieu of any such surety bond or
insurance policies a letter of acceptance and indemnity approved by the city attorney,
binding and obligating such permittee to abide by the conditions for which surety bond
and insurance policies are required as prescribed herein, and agreeing to indemnify and
hold the city harmless from any and all liability growing out of or attributable to the
granting of any and all permits to such permittee including acts or omissions of the city,
its officers, agents, and employees in connection with said drilling permit.
(Code 1958, §24-9; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-10. Minimum distance of well hole from occupied structure.
In each case of drilling or redrilling, the distance from any well-hole to any
occupied structure shall be a minimum of three hundred (300) feet, unless permittee
obtains written consent from the owners and tenants of said occupied structure and
furnishes said written consent to the building official prior
to issuance of said permit.
(Code 1958, §24-10; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-11. Minimum distance of storage tank in conjunction with well from
occupied structure.
In each case the distance from any storage tank or tanks in conjunction with any
well to any occupied structure shall be a minimum of three hundred (300)feet.
(Code 1958, §24-11; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-12. Minimum distance of well-hole and tanks from streets.
In each case the distance from the center of a well-hole drilled under a permit
issued under this chapter and from all storage tanks installed after the effective date of
Ordinance Number 76-38 (from which this chapter is derived) to the nearest traveled
public or private street right-of-way shall be a minimum of one hundred fifty (150) feet.
(Code 1958, §24-12; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-13. Vehicular access route to site.
A vehicular access route to the site may be established at the discretion of the
uilding official after consideration of all of the
circumstances including but not limited to the existing width, load-bearing capability, and
composition of all streets proposed to be included in the access route; residential
densities; potential interference with pedestrian and bicycle traffic; the presence of
effective traffic control; and the general character of the areas through which the
proposed access route would pass.
(Code 1958, §24-13; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-14. Compliance with permit as to drilling location and as to
operations.
The oil or gas well drilled pursuant to any drilling permit shall be drilled only
within the properties which the permittee set forth in its application as the properties
through which such well was proposed to pass unless the permittee secures approval of
the uilding official to cause such well to pass through
other properties.
No ermittee shall drill operate, or maintain an oil or as well except in
P P
Y 9 P
conformity with the terms and conditions of a permit issued under this chapter.
(Code 1958, § 24-14; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-15. Representative operations supervisor.
The applicant or permittee shall designate a competent representative who shall
be responsible for the supervision of drilling operations and the carrying out of the
conditions of any permit. Such representative shall be available at all times during drilling
operations and shall be the responsible contact agent of the applicant or the permittee
whom the Gede eI#9FGGFReRt adminiStFate building official may require to carry out the
provisions of the permit.
(Code 1958, § 24-15; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-16. Marking well location; road and ground surfacing.
(a) The well location shall be clearly marked by staking or other suitable means and
identified as the "drill site".
(b) Prior to commencement of any drilling operations all private roads used for
access to the drill site and the drill site itself shall be surfaced so as to prevent
excessive dust and mud and in a manner adequate to support the weight of
mobile fire-fighting equipment. Surfacing may be by boards, rock, gravel, shell, or
any other material that is oiled and maintained so as to prevent excessive dust
and mud.
(Code 1958, §24-16; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-17. Permit transfer approval.
All permits granted under this chapter shall be transferable upon approval of the
uildinq official, after a determination that all
requirements of this chapter are met by the transferee.
(Code 1958, §24-17; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-18. Lapse of permit—Time; work without permit prohibited.
The drilling permit shall become null and void unless the permit is accepted by
Ithe applicant in its entirety in writing, filed with the
adIifli6#Fat9Fbuilding official within thirty (30) days from the effective date thereof, and no
work on such drill site shall be commenced until such permit is issued and accepted.
The drilling permit shall become null and void unless drilling is commenced within one
hundred eighty (180) days of the effective date of the permit.
(Code 1958, §24-18; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-19. Same--Extension of time.
Whenever a person holding a permit pursuant to the provisions of this chapter
wishes to request an extension of the time within which drilling operations are required to
be commenced to a period beyond one hundred eighty (180) days after the effective
date of the permit, a request for such extension shall be filed with the
admipistrate building official in writing and be accompanied by a fee in the amount of
one hundred twenty-five dollars ($125.00) for each well for which an extension is
requested.
Such request for an extension shall set forth facts showing good cause for the
uildinq official to allow additional time for the
commencement of the well. When good cause is shown, the
admieir*ate building official shall grant an extension not to exceed an additional one
hundred eighty (180) days.
(Code 1958, § 24-20; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-20. Indemnification of city for damages.
The permittee shall indemnify and save harmless the city, its officers, agents and
employees from any and all claims, causes of action and damages of every kind, for
injury to or death to any person and damages to property arising out of the operation
under any drilling permit and including acts or omissions of the city, its officers, agents,
and employees in connection with said drilling permit.
(Code 1958, § 24-19; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-21. Filing of "Potential" or "Plug and Abandon" report.
A copy of the "Potential" or "Plug and Abandon" report of any well furnished to
the Texas Railroad Commission shall be concurrently filed by the permittee with the
Gode uilding official.
(Code 1958, § 24-21; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-22. Storage of equipment and materials restricted.
(a) No equipment shall be stored on the site which is not essential to the everyday
operation of the oil well located thereon.
(b) Lumber, pipes, and casing shall not be left on the site, except when drilling
operations are being conducted on the site.
(c) No equipment shall be stored except within the fenced areas of the site.
(Code 1958, § 24-22; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-23. Compliance with regulations as to slush pits.
The slush pit or pits at each drilling site shall at all times be in compliance with all
state and federal requirements.
(Code 1958, §24-23; Ord. No. 76-38, § 1; 3-23-76)
Sec. 19-24. Fencing of site.
(a) Within thirty (30) days after production has been established, the permittee shall
enclose the well, together with its surface facilities and storage tanks by a
substantial, smooth eleven (11) gauge or heavier galvanized steel net wire fence
a minimum of six (6) feet in height and provided with barbed wired supporting
arms and a minimum of three (3) strands of barbed wire installed at the top of
each post and properly built so as ordinarily to prevent the entry of unauthorized
persons into the enclosure, with all gates thereto to be kept locked when the
permittee or his employees are not within the enclosure. This applies also to
each existing producing drill site in the city together with its surface facilities and
storage tanks.
I
(b) Wells which when in operation have no externally moving parts are excepted
from the fencing requirements of this section; however, all storage tanks and
surface facilities must be fenced as required herein.
(Code 1958, § 24-24; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-25. Landscaping or screening of site.
Within ninety (90) days after production has been established on an urbanized
drill site containing a well which when in operation has externally moving parts, the
permittee shall have completed either adequate landscaping or screening composed of
shrubbery a minimum of six (6) feet in height, but in any event tall and thick enough to
shield the drilling site from public view or physical fencing and screening which
effectively shields the drilling site from public view. Such required landscaping or
screening is subject to the approval of the enforcement administrator concerning its
adequacy in meeting the requirements of this section. Said landscaping or screening
must be maintained so as to shield the drill site from public view so long as production
continues on the drill site. This applies also each existing producing urbanized drill site in
the city containing a well which when in operation has externally moving parts.
(b) Wells which when in operation have no externally moving parts are excepted
from the fencing requirements of this section; however, all storage tanks and
surface facilities must be fenced as required herein.
(Code 1958, § 24-25; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-26. Noise, vibration, odor, etc., restricted.
(a) All drilling and production equipment installed or operated upon any drill site shall
be so constructed, operated, and maintained that no noise, vibration, odor, or
other harmful or annoying substances or effects therefrom which can be
eliminated or diminished by the use of modern and approved types of equipment,
silencers, or greater care shall ever be permitted to result from operations on any
drill site to the injury or annoyance of persons in the vicinity of such drill site.
Proven technological and mechanical improvements in methods of drilling and
production and in the type of equipment used therefor shall be adopted from time
to time, as the same become available, if the use of such equipment,
improvements, and methods will reduce noise, vibration, odors, or the harmful
effects of annoying substances.
(b) The engines used in connection with the drilling of any oil well or any production
equipment shall be equipped with an exhaust muffler or mufflers, or an exhaust
muffler box, sufficient to suppress noise and to prevent the escape of obnoxious
gases, fumes, sparks, ignited carbon, or soot. The type and design of any muffler
I or muffler box shall be approved by the G9de BRfGFGeFneRt adR444skatGrbuilding
official and by the fire chief or his authorized representative.
(c) At an urbanized drilling site, the operation of oil field production equipment shall
not increase the ambient noise level at any given time by more than three (3)
decibels in any octave band, when measured at a distance of one hundred fifty
(150) feet from the oil field production equipment in question. The ambient noise
level, for the purpose of this section, shall be the average of sound level meter
readings taken consecutively at any given time from four (4) or more
diametrically opposite positions within an area of not more than five hundred
(500) feet nor less than two hundred (200) feet from the oil field production
equipment in question; all such readings to be taken at a distance and in such a
manner so as to obtain the surrounding noise level as distinguished from the
noise level produced by the oil field production equipment. However, if the
ambient noise level is less than seventy (70) decibels, the production equipment
shall not generate a noise level in excess of seventy (70) decibels measured at a
distance of one hundred fifty (150) feet from such equipment.
(d) At a non-urbanized drilling site, the operation of oil field production equipment
shall not generate a noise level in excess of eighty (80) decibels at a distance of
one hundred fifty (150) feet from said production equipment.
(Code 1958, §24-26; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-27. Neatness, cleanliness, order; fire-fighting equipment.
(a) All of the operations at the drill site shall be conducted in a careful and orderly
manner, and the premises shall at all times be maintained in a neat, clean, and
orderly manner.
(b) All fire-fighting equipment as required and approved by federal statutes shall be
installed and maintained on the drill site at all times during drilling operations. In
addition, each drill site shall, during drilling operations, be equipped with two (2)
one hundred fifty (150) pound dry chemical fire extinguishers equipped with
wheels and also equipped with fifty (50) feet of hose on each unit.
(Code 1958, §24-27; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-28. Watchmen.
At all times during the drilling process until the well is abandoned and plugged or
completed as a producer and enclosed with a fence as herein provided, the permittee
shall keep a watchman on duty on the premises; provided, however, it shall not be
necessary to keep a watchman on duty on the premises when other workmen of
permittee are on such premises.
(Code 1958, §24-28; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-29. Casing quality.
(a) All casing, including surface protection and production strings, shall be either
seamless steel or equivalent quality oil well casing. Each production string of
casing must meet or exceed the minimum internal pressure yield strength
established under American Petroleum Institute standards.
(b) Each joint and length of each particular casing string shall have prior to setting
I unconditionally passed a complete cold water test and the
admiRi6tFatGF building official shall be furnished a copy of said test results.
(Code 1958, §24-29; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-30. Minimum depth of surface casing; cementing of casing.
No well shall be drilled within the city limits without properly setting surface
casing to a minimum depth of eight hundred (800) feet. No well shall be drilled within the
city limits without cementing the surface casing by the pump and plug method with
sufficient cement to completely fill all of the annular space behind such casing to the
surface of the ground; and without cementing the production string by the pump and plug
method with sufficient cement to completely fill all of the annular space behind the
production string to at least five hundred (500) feet above the highest oil and/or gas
bearing horizon. In the event a protection string of casing be required under the terms of
this chapter, said protection string shall not be installed without cementing the protection
string by the pump and plug method with sufficient cement to completely fill all the
annular space behind the protection string to at least five hundred (500) feet above the
highest oil and/or gas bearing horizon.
(Code 1958, § 24-30; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-31. Master valves, valve cocks, blow-out preventers.
No well shall be drilled within the city limits without properly equipping the surface
casing when set with at least one master valve, and without property equipping the
protection casing when set with at least one master valve and one fluid-operated ram
type blow-out preventer, and without properly equipping the production casing during
completion operations and workover operations with at least one master valve and at
least one fluid-operated ram type blow-out preventer. On each well drilled a valve cock
or kelly cock shall be installed on the kelly used. Each blow-out preventer shall test a
minimum of three thousand (3,000) pounds and its mechanical operation shall be tested
at least once every twenty-four (24) hour period. All control equipment shall be in good
working condition and order at all times.
(Code 1958, §24-31; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-32. Drilling fluid.
No well shall be drilled within the city limits without using mud as the drilling fluid
after the setting of surface casing as provided in section 19-30 hereof. Prior to the time
the well reaches a total depth of five thousand (5,000) feet or the depth of the first known
or encountered oil or gas bearing horizon whichever is the lesser depth, the weight of
the mud laden drilling fluid shall be at all times maintained at a weight sufficient to
contain the formation pressure. After the well reaches a total depth of five thousand
(5,000) feet or the depth of the first known or encountered oil or gas bearing horizon,
whichever is the lesser depth, the weight of the drilling fluid shall be maintained to
provide a hydrostatic head necessary to contain the formation pressure. In reworking a
well the drilling fluid shall be at all times maintained at a weight that will provide a
hydrostatic head necessary to contain the formation pressure.
(Code 1958, § 24-32; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-33. Testing restrictions.
It shall be unlawful for any person in connection with the drilling or reworking
operations of any well within the city limits to complete any drill stem test or tests except
during daylight hours and then only if the well effluent during the test is produced
through an adequate oil and gas separator to storage tanks, and the effluent remaining
in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling
fluid down the annulus and up the drill pipe.
(Code 1958, § 24-33; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-34. Tubing quality.
All tubing used in any well within the city limits shall be seamless steel tubing
meeting American Petroleum Institute standards for minimum internal pressure yield
strength.
(Code 1958, §24-34; Ord, No. 76-38, § 1, 3-23-76)
Sec. 19-35. BradenheadCasingheads.
Each well drilled within the city limits shall be equipped with a
braderheadcasinghead with a working pressure sufficient to contain the formation
pressure. Rradeak+eads-Casingheads shall not be welded. The bradeM#eadcasinghead
pressure shall be checked at two (2) or more times each calendar year and if pressure is
found to exist, proper remedial measures shall be immediately taken to eliminate the
source and the existence of the pressure.
(Code 1958, §24-35; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-36. Christmas tree and well head connection maintenance; safety
valve.
The Christmas tree and all well head connections on each well existing within the
city limits and on each well drilled pursuant to a permit under this section shall be
maintained so as to operate safely. If a Christmas tree or a well connection is found to
be leaking or otherwise defective, the gilding official
may immediately revoke the permit. In the event the surface shut-in pressure of any well
in the city limits exceeds two thousand (2,000) pounds per square inch, the flow wing of
the Christmas tree shall be equipped with an automatic closing safety valve in addition to
the regular control valves.
(Code 1958, § 24-36; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-37. Compressor station shutdown devices and other precautionary
measures.
The compressor station on each well existing within the city limits and on each
well drilled pursuant to a permit under this section shall be equipped with an automatic
shutdown device which shall be clearly marked and visible at all times. The compressor
station and all pipes and valves connected thereto must meet or exceed the minimum
internal pressure yield strength established under American Petroleum Institute
standards and shall have prior to installation unconditionally passed a complete cold
water test. All compressor stations shall be checked a minimum of once each three (3)
months and the result of said check shall be sent to the
administraterbuilding official upon request. Failure to comply with this section shall result
in immediate cancellation of the drilling permit issued hereunder.
(Code 1958, §24-37; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-38. Tank restrictions and requirements.
Except as provided in section 19-11 herein, within one thousand (1,000) feet of
any occupied structure a maximum of two (2) five hundred (500) barrel tanks for crude
oil storage may be constructed in connection with any one producing well within the city
limits. There shall be no limitation on the size or number of storage tanks that may be
constructed in the area more than one thousand (1,000) feet from any occupied
structure. Each tank shall be equipped with flame arrestors and shall be so constructed
and maintained as to be vaportight. Each tank or tank battery shall also be surrounded
with an earthen fire wall which shall at all times be free of vegetation and which shall be
at such distance from the tank as will under any circumstances hold and retain at least
one and one-half (1 1/2) times the maximum capacity of such tank. The area outside
each tank but contained within the earthen fire wall shall be properly drained at all times.
A permittee may use, construct, and operate a steel conventional separator, and such
other steel tanks and appurtenances as are necessary for treating oil, with each of such
facilities to be so constructed and maintained as to be vaportight. Each oil gas separator
shall be equipped with both a regulation pressure relief safety valve and a bursting head.
(Code 1958, §24-38; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-39. Plugging of abandoned wells.
When a well is abandoned it shall be the obligation of the permittee and the
operator of the well to plug said well in accordance with the requirements of the Texas
Railroad Commission.
(Code 1958, § 24-39; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-40. Disposal of salt water.
The permittee shall make adequate provision for the disposal of all salt water or
other impurities which he may bring to the surface. Disposal shall be made in a manner
that will not contaminate the water supply, present or prospective, or injure surface
vegetation.
(Code 1958, §24-40; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-42. Time restriction on delivery of equipment and supplies.
Whenever practicable on an urbanized drilling site all delivery of equipment and
supplies to the drill site shall be made only on Monday through Saturday between the
hours of 8:00 a.m. and 6:00 p.m. This requirement shall not apply to drilling operations
being conducted in a non-urbanized area.
(Code 1958, §24-42; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-43. Transportation of oil and gas restricted.
When production has been established in any new well, the construction of a
pipeline shall be started as soon as practical and economically feasible and thereon
diligently prosecuted until such pipeline is completed in order to eliminate the trucking of
oil. All oil and gas shall be shipped and transported through pipelines after those
pipelines have been completed, except in cases in which such a method of
transportation is found by the G9G18 eRfGFGeFRGRt adwARistFatoFbuiIdinq official to be
unfeasible. In such cases the shipping and transportation of oil by truck may be
permitted at the discretion of the Gode eRf9FGeFneRt administFateit uildinq official after
consideration of all the circumstances including but not limited to the proximity of the well
to existing and available pipelines, the availability of acceptable access routes to the drill
site, and the frequency and size of transportation vehicles required to serve the well. In
the instance of an oil spill, permittee may bring in a vacuum truck to clean said spill
I without the necessity of obtaining permission from the
building official.
(Code 1958, § 24-43; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-44. Producing or nonproducing status of well.
If a well is placed in production, it shall be inspected periodically by the sede
building official in accordance with the requirements of this
chapter. A notification of status change from producing well to abandoned well shall
become necessary for any well which has not produced, or which has not been used for
subsurface injection into the earth of oil, gas, salt water, or oil field waste for a period of
nine (9) months, unless permission to hold said well for a longer period of time is
obtained from the Texas Railroad Commission. The operator shall upon request of the
uildinq official furnish verification of production for the
purposes of this section.
(Code 1958, § 24-44; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-45. Well abandonment requirements; removal of derricks when
production started.
If a well is to be abandoned, the following requirements are applicable:
(1) Within ninety (90) days after the completion of drilling operations or
abandonment of further drilling, the derrick and all drilling equipment,
including temporary tanks, shall be removed from the drill site. Well
abandonment shall be in accordance with the requirements of all
applicable laws and ordinances. Upon such well abandonment, the
permittee shall restore the property as nearly as possible to its original
condition and shall remove all concrete foundations, oil-soaked soil, and
debris. All holes or depressions shall be filled to the natural surface.
(2) Drilling operations shall be prosecuted in a workmanlike manner until the
well is completed or abandoned. Once a well is a producing well, it shall
not be serviced with a permanent derrick.
(3) The Gode enfeFGemeRt adFnini6tFat9F gilding official shall determine that
the drill site and all facilities pertinent thereto have been restored to their
original condition as nearly as practicable and that all requirements of this
section have been satisfied.
(4) After abandonment of a well by the operator, the drilling permit will be
I terminated if, to the satisfaction of the
building official, all the conditions stated in this chapter have
been fulfilled.
(Code 1958, § 24-45; Ord. No. 76-38, § 1, 3-23-76)
Sec. 19-46. Violations; suspension or revocation of permit, appeals.
Any drilling permit may be suspended or revoked for any material violation of the
conditions of the permit by the permittee or for persistent violation of any law by the
permittee in the operation of any such well. The GGde GRfGFG9MeRt administFatGFbuilding
official shall not revoke any permit without first giving the permittee ten (10) days' written
notice of the nature of the violations and of the intention to revoke such permit. Permittee
shall at once cease drilling operations after receipt of notice of intent to revoke this
permit. If, within such ten (10) day period, the permittee requests a hearing before the
uildinq official, the
ad.MiRi6tFatGFbuilding official shall grant such hearing within fifteen (15) days after the
date of such request. At such hearing, evidence shall be presented to establish to the
satisfaction of the GGde 9Rf9FGGFPeRt admffiRistFat9FbuiIdinQ_ official the extent and nature
of the violation which constitutes grounds for the revocation, and permittee shall be
given an opportunity to cross-examine all witnesses testifying at such hearing. The
permittee shall thereafter be permitted at that hearing, or at a continued hearing, if a
continuance is requested by the permittee, to present evidence to disprove or explain
such alleged violations. The Gede MfGFG9ment admiRistFateit uildinq official shall
thereupon, after hearing all the evidence, determine whether or not the permit should be
revoked, and his determination thereon shall be final. If the
building official determines that the permit should be revoked, permittee
may appeal the decision of the GGde eRfGFG9FRGRt adFRiRistFat9fb uildinq official to the
onstruction board of adjustment and appeals in
accordance with the ordinances of the city. In the event the
ate-construction board of adjustment and appeals determines that said permit should be
revoked, permittee shall have recourse to the appropriate courts of this state to review
Isuch action by said _onstruction board of adjustment
and appeals and the substantial evidence rule shall apply.
(Code 1958, § 24-46; Ord. No. 76-38, § 1, 3-23-76)
ORDINANCE NO.
ENTITLED AN ORDINANCE AMENDING CHAPTER 19,
SECTIONS 19-1, 19-2, 19-3, SUBSECTION 19-4(a), SECTIONS
19-5, 19-6, 19-7, 19-8, 19-9, 19-10, 19-13, 19-14, 19-15, 19-17, 19-
18, 19-19, 19-21, SUBSECTIONS 19-26(b) AND 19-29(b),
SECTIONS 19-35, 19-36, 19-37, 19-43, 19-44, SUBSECTIONS 19-
45(3) AND (4), AND SECTION 19-46, AND REPEALING
CHAPTER 19, SECTION 19-41, 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 19, Section 19-1, be and the same is hereby amended to
read as follows:
Sec. 19-1. Definitions.
For the purpose of this chapter, all technical or oil and gas industry words
or phrases used herein and not specifically defined herein shall have that
meaning customarily attributed to them by the oil and gas industry. The following
words and terms wherever and whenever used or appearing in this chapter shall
have the scope and meaning hereinafter defined and set out in connection with
each:
Applicant:Any person who applies for a drilling permit hereunder.
Approved, approved type, or approved design: Improvements, equipment
or facilities of a type or design approved by the building official.
Building code: The portion of this Code or any ordinance of the city known
by that title and all amendments thereto.
Building permit: The permit required by the building code.
Completion of drilling: A well is completed, for the purpose of these
regulations, thirty (30) days after the drilling crew has been released. The drilling
crew is released within the meaning of this paragraph when work at the wellsite
for drilling or completing the well is suspended, either temporarily or permanently.
Derrick: Any structure, improvement, equipment, or facility, and each and
every part thereof, whether completed or not, and which is required, or used or
useful for or in connection with drilling, operating, or maintaining a well for the
production of oil, gas or other hydrocarbons from the earth, together with all parts
of and appurtenances to such structure, improvement, equipment, or facility,
including, but not limited to, foundations and sills therefor, pumphouses, engine-
houses, or housings, pipe-racks, postings, walkways, mud-ditches, and crown
block.
Designated agent: The designated agent of applicant or permittee.
Diligence: That the drilling derrick is in its operating position over the well,
properly anchored and supported and that an operating crew is on duty at the
drill site at all reasonable times.
Drill site: The premises used during the drilling and subsequent life of a
well or wells, which is necessary for the safe operations thereof.
Drilling: Entry onto the site with equipment and/or personnel for the
specific purpose of actually opening a well hole intended to produce oil or gas.
Erect: To build, construct, install, assemble, put together, improve, alter,
move, reconstruct, restore, renovate, renew or repair any building, structure,
improvement or facility, or any part or portion thereof or foundations therefor, or
appurtenance thereto, whether or not such building, structure, improvement or
facility is completed, or to work upon, or in any way assist in such erection.
Flammable liquids: Oil and other fluid hydrocarbons, including liquefied
gases or other flammable liquids, having a flash point below two hundred (200)
degrees Fahrenheit. The flash point of all commodities shall be determined by
the Elliot, Abel, Abel-Pensky, or Tag closed cap testers, but the Tag closed cap
tester, standardized by the National Institute of Standards and Technology, shall
be authoritative in case of dispute. All tests shall be in accordance with the
methods adopted by the American Society for Testing Materials, and approved
by the American National Standards Institute, or their successors.
Gas: The gaseous components or vapors occurring in or derived from
petroleum or natural gas.
Lessee: The possessor of the right to explore and recover minerals from
the premises.
Lessor: The owner of mineral rights.
Maintain: To repair, or otherwise keep or place in working condition, and
also to permit, or authorize to exist, regardless of whether any actual
maintenance work is done. For the purposes of this chapter, an oil well, well-
hole, derrick and production equipment, shall be deemed to be "maintained"
upon the premises in and upon which the same were or are being rill
or installed, until the following tasks are accomplished: g ed, erected
(1) Every part of such derrick and production equipment
shall be
removed from the drill site.
(2) All requirements for abandonment established by the state and any
other regulatory authority having jurisdiction must be met.
(3) All sumps, cellars, rotary mud, concrete, oil and rubbish must be
removed and the drill site cleaned and all ditches must be leveled.
(4) All property of the city which may have been disturbed
or damaged
by the operations at the drill site shall be repaired and cleaned as
needed and restored to substantially the same condition as existed
at the time of the issuance of the permit.
Maintenance: The repair and replacement of parts of a structure
repair or replacement does not alter or lessen the when the
strength or stability of the
structure.
Non-urbanized drilling site:A drill site shall be considered non-urbanized
no occupied commercial, residential or industrial structure if
one thousand (1,000) feet of the Proposed ucture exists in use within
p p ed well-hole.
Occupied structure: Only those structures that are regularly Occupied by
persons at least twenty (20) hours per week.
Oil., Petroleum and other fluid hydrocarbons obtained from the earth.
Operate: To work or act upon, or to cause or permit natural
or artificial
forces to function in connection with any structure, plant, equipment, machinery,
or facility with the purpose of utilizing the same for the purpose for which it was or
is erected or maintained, or for any other purpose, and when used with reference
to a well, well-hole, derrick or production equipment, means and includes any
acts or functions performed or permitted to occur in connection with such well,
well-hole, derrick or production equipment from and after the completion of the
drilling of the well, for the purpose of producing or obtaining oil, gas, or other
hydrocarbons from the ground, and for the purpose of collecting and handling the
same and making deliveries thereof at the well or from the shipping tanks or
lease tanks in the vicinity of the well. "Operate" includes all functions performed
or permitted to occur in connection with such production, collection, handling and
delivery, including the repair, reconditioning, restoration, perforating, redrilling or
deepening of said well or well-hole, and the dehydration or cleaning of said oil
prior to making such deliveries as aforesaid.
Operator: The person, whether owner, lessee, or independent contractor,
actually in charge and in control of the drilling, maintenance, operation or
pumping of a well or lease.
Owner. A person who has legal or equitable title to the surface of the drill
site.
Permit or drilling permit: The written, typed or printed permission issued to
applicant by the building official under the authority of this chapter.
Permittee: Any person to whom a permit has been granted and issued
under and pursuant to the terms of this chapter by the building official.
Person: An individual; a receiver; a trustee; a partnership; a joint
adventure; a firm; an unincorporated association; a syndicate; a club; a society; a
trust; a private corporation; a public corporation; a municipal corporation; a
county, a state, or national government; a commission; a water district; a utility
district; a political subdivision; and a drainage, irrigation, levee, reclamation, flood
control, or water conservation district, whether acting for himself or itself or in any
representative capacity.
Production equipment: Pumping equipment, tubing, pipes, gauges,
meters, valves, oil and gas separators, sumps, flow tanks, production tanks,
shipping tanks, lease tanks, shipping pumps, loading racks and all other
structures, machinery, equipment and facilities, and each and every part thereof,
whether completed or not, required for or used or useful in connection with the
operation, repair, reconditioning, redrilling or maintenance of a well or well-hole,
and the collection, handling and delivery of oil, gas or other hydrocarbons
therefrom, and which structures, machinery, equipment and facilities are not
included in the "derrick", "well', or "well-hole", as heretofore defined. "Production
equipment" also includes any wash tanks, dehydration plant or other equipment
or facility operated or maintained by or in behalf of the operator of said well for
the purpose of separating sand, water and other foreign substances from the oil,
gas or other hydrocarbons produced or obtained by said operator, prior to
shipping or delivering said oil from the shipping tanks or lease tanks at the well,
or in the vicinity thereof.
Redrilling: The deepening of an existing oil well or otherwise drilling
beyond the extremities (to the side) of the existing well casing. The provisions of
this chapter relating to drilling shall be equally applicable to redrilling.
Structure: That which is built or constructed; a tank, edifice, or building of
any kind.
Suspended operations: The approved temporary suspension of drilling or
redrilling operations pending a resumption of operations or abandonment.
Tank: A container, covered or uncovered, used in conjunction with the
drilling or production of an oil well, for holding or storing liquids at or near
atmospheric pressure.
Urbanized drilling ite: A drill site shall
g be considered urbanized where an
occupied commercial, residential or industrial structure exists within one
thousand (1,000) feet of the proposed well-hole.
Well head: A well head is composed of the casinghead, Christmas tree
and all well connections.
Section 2.
That Chapter 19, Section 19-2, be and the same is hereby amended to
read as follows:
Sec. 19-2. Permit required (drilling or seismographic testing); acts constituting
nuisances.
(a) No person shall conduct any drilling or redrilling within the corporate limits
of the City of Beaumont without having obtained a permit for said drilling
or redrilling under this chapter.
(b) It is hereby declared a nuisance for any person to conduct any drilling
operations within one thousand (1,000) feet of the property line of any
school of the Beaumont Independent School District without the prior
written consent of the board of trustees of said district, or within one
thousand (1,000) feet of the property line of any parochial or charter
school without the prior written consent of the board of trustees or other
governing body of said schools. It is hereby declared a nuisance for any
person to conduct any drilling operations within one thousand (1,000) feet
of a property line of any hospital, convalescent home, orphanage or
nursing home located within the city limits of the City of Beaumont without
the prior written consent of the owner or owners thereof. It is hereby
declared a nuisance for any person to conduct any drilling or redrilling
operation outside the city limits of the City of Beaumont closer than one
thousand (1,000) feet to any occupied structure other than a school,
hospital, convalescent home, orphanage, or nursing home located within
such city limits without obtaining a permit for said drilling or redrilling under
this chapter.
(c) It is hereby declared a nuisance for any person to construct any storage
tank or tanks within one thousand (1,000) feet of the property line of any
school of the Beaumont Independent School District without the prior
written consent of its board of trustees, or within one thousand (1,000) feet
of the property line of any parochial or charter school without the prior
written consent of the board of trustees or the governing body of said
schools or within one thousand (1,000) feet of any hospital, convalescent
home, orphanage or nursing home located either within or outside the city
limits of Beaumont without the prior written consent of the owner or
owners thereof.
(d) It shall be unlawful for any person to conduct seismographic testing within
the city without a permit, as set out below:
(1) Seismographic permits (within the city) ....................... $50.00
Plus (2) or (3) if applicable
(2) Per shot hole on city property or rights-of-way .......... $100.00
(3) Mobile vibratory units on city property or rights-of-way,
per mile or portion of a mile.................................... $1,200.00
Section 3.
That Chapter 19, Section 19-3, be and the same is hereby amended to
read as follows:
Sec. 19-3. Review and action on permit application; approval or
disapproval of operations.
It shall be the responsibility of the building official to review impartially and
to approve or disapprove all applications for drilling permits. The building official,
based upon the criteria established herein, may require the applicant for a permit
hereunder to do those things necessary to insure the health, safety, and welfare
of the citizens of the city. Items required shall be clearly stated in the permit
issued hereunder. The building official is hereby authorized to approve or
disapprove the actions of the permittee not otherwise covered by the permit
application during the drilling and post-drilling operations in accordance with the
terms of this chapter only. The building official shall issue or deny a permit within
ten (10) days of receipt of a properly completed application for drilling at a non-
urbanized drilling site. The building official shall issue or deny a permit within
thirty (30) days of the receipt of a properly completed application for drilling at an
urbanized drilling site.
(1) If the building official denies a drilling permit, he shall notify the
applicant in writing of such denial and the reasons therefor.
(2) If the building official grants a drilling permit, the permit, in a form as
determined by the building official, shall be mailed to the applicant.
Section 4.
That Chapter 19, Subsection 194(a), be and the same is hereby
amended to read as follows:
Sec. 19-4. Form of permit application; permit fee.
(a) Applications for permits to drill or redrill any oil or gas well shall be made
in writing to the building official and shall include the following:
(1) The legal description of the proposed drill site and the legal
description of the real property in the city which the applicant
proposes to explore for oil and gas purposes. A map shall be
attached to the application, which map shall clearly show and
outline the proposed drill site with reference to existing city street or
city limits.
(2) A statement of what property the applicant has the right, by reason
of ownership or permission of the owner, to pass through and enter
for drilling purposes and a further statement that the applicant
agrees, in finally locating the well, not to pass through or enter any
property where he does not have such right.
(3) The proposed location, type, kinds, size, and amount of major
equipment and a general description and the method of operation
of the proposed well.
(4) The proposed method of handling and using any product proposed
to be developed at the well site and the proposed method of
disposing of all waste products anticipated.
(5) A statement from a licensed surveyor or registered professional
engineer verifying the drill site as being either an urbanized or a
non-urbanized drilling site as defined herein.
Section 5.
That Chapter 19, Section 19-5, be and the same is hereby amended to
read as follows:
Sec. 19-5. Notification.
(a) Permittee shall publish notices in the local newspaper in the manner and
order set forth below:
1st Notice - to be published at least three (3) days prior to the start of any
drilling, blasting, and/or vibratory testing. Running time - one (1) day.
2nd Notice - to be published on the day which drilling, blasting, and/or
vibratory first begins. Running time - one (1) day.
Such work may continue no more than three (3) consecutive
working days of non-production. If drilling, blasting, and/or
vibratory testing does not occur during this time, another
notice must be published on the day such work will restart.
Additional notices must be republished to coincide with
intermittent work. Running time one (1) day each
occurrence.
Final Notice - to be published when any such drilling, blasting, and/or
vibratory testing is approximately fifty percent (50%) complete. Running
time - one (1) day.
Aforementioned notices shall appear in the classified section under legal
notices. The notice shall indicate the scope of operations to be performed and
will detail the approximate dates and time (starting and ending) and general
location of work to be performed.
The City of Beaumont, Engineering Division, shall be notified when the
notice has been placed with the newspaper and what dates it will be published.
(b) Permittee is required to notify the following entities twenty-four (24) hours
prior to the start of any drilling, blasting, or vibrancy testing:
Fire Department - Fire Marshal (409-880-3905)
BLASTING WORK ONLY;
Engineering Division (409-880-3725); and
All residents abutting test route.
If more than three (3) consecutive working days of non-production occur,
Permittee must contact the Fire Department twenty-four (24) hours in advance of
any blasting to be done after a period of intermittent work.
In addition, Permittee is required to notify any and all other entities,
directly or indirectly, involved through other permits or agreements.
Section 6.
That Chapter 19, Section 19-6, be and the same is hereby amended to
read as follows:
Sec. 19-6. Bond required; amounts, conditions.
Prior to the issuance of any permit hereunder, the applicant shall furnish
the building official with a bond in the principal sum of seventy-five thousand
dollars ($75,000) per drill site. Such bond shall be executed by an insurance
company authorized to do business in the state, as surety, and with applicant as
principal, naming the city for the benefit of the city conditioned that the permittee
will comply with the terms and conditions of this chapter. In addition, the bond will
be conditioned that the applicant will promptly pay fines, penalties and other
assessments imposed upon applicant by reason of the breach of any of the
terms, provisions and conditions of this chapter, and that the applicant will
promptly restore to their former condition streets, sidewalks, and other public
property which may be damaged in drilling operations; and that the applicant will
comply with all fencing, screening and site restoration requirements of this
chapter. If at any time the building official should find the applicant's bond to be
insufficient for any reason, he may require the applicant to file a new bond.
Section 7.
That Chapter 19, Section 19-7, be and the same is hereby amended to
read as follows:
Sec. 19-7. Reduction of amount of bond.
Upon written request from a permittee, who has complied with all
provisions of this chapter, the building official may permit a reduction of the
permittee's bond to a sum of not less than ten thousand dollars ($10,000.00) per
drill site for the remainder of the time such well produces.
Section 8.
That Chapter 19, Section 19-8, be and the same is hereby amended to
read as follows:
Sec. 19-8. Insurance required; types, amounts.
Prior to issuance of any permit hereunder, applicant shall furnish the
building official with a certificate of insurance showing a valid policy or policies of
public liability insurance, covering bodily injuries and property damage. Said
insurance shall be written by a company authorized to do business in this state.
Such policies shall provide for the following minimum coverage:
(1) Bodily injuries and general liability one occurrence: $5,000,000 in
an urbanized area.
(2) Property damage: $2,500,000 in an urbanized area.
(3) Bodily injuries and general liability one occurrence: $2,500,000 in
an non-urbanized area.
(4) Property damage: $1,000,000 in a non-urbanized area.
Section 9.
That Chapter 19, Section 19-9, be and the same is hereby amended to
read as follows:
Sec. 19-9. Waiver of bond and insurance to financially responsible person.
The building official may waive the requirements for surety bond and
policies of insurance as required herein as to any permittee who is financially
responsible and capable of meeting obligations for amounts in excess of ten
million dollars ($10,000,000) upon permittee filing with the building official in lieu
of any such surety bond or insurance policies a letter of acceptance and
indemnity approved by the city attorney, binding and obligating such permittee to
abide by the conditions for which surety bond and insurance policies are required
as prescribed herein, and agreeing to indemnify and hold the city harmless from
any and all liability growing out of or attributable to the granting of any and all
permits to such permittee including acts or omissions of the city, its officers,
agents, and employees in connection with said drilling permit.
Section 10.
That Chapter 19, Section 19-10, be and the same is hereby amended to
read as follows:
Sec. 19-10. Minimum distance of well hole from occupied structure.
In each case of drilling or redrilling, the distance from any well-hole to any
occupied structure shall be a minimum of three hundred (300) feet, unless
permittee obtains written consent from the owners and tenants of said occupied
structure and furnishes said written consent to the building official prior to
issuance of said permit.
Section 11.
That Chapter 19, Section 19-13, be and the same is hereby amended to
read as follows:
Sec. 19-13. Vehicular access route to site.
A vehicular access route to the site may be established at the discretion of
the building official after consideration of all of the circumstances including but
not limited to the existing width, load-bearing capability, and composition of all
streets proposed to be included in the access route; residential densities;
potential interference with pedestrian and bicycle traffic; the presence of effective
traffic control; and the general character of the areas through which the proposed
access route would pass.
Section 12.
That Chapter 19, Section 19-14, be and the same is hereby amended to
read as follows:
Sec. 19-14. Compliance with permit as to drilling location and as to
operations.
The oil or gas well drilled pursuant to any drilling permit shall be drilled
only within the properties which the permittee set forth in its application as the
properties through which such well was proposed to pass unless the permittee
secures approval of the building official to cause such well to pass through other
properties.
No permittee shall drill, operate, or maintain any oil or gas well except in
conformity with the terms and conditions of a permit issued under this chapter.
Section 13.
That Chapter 19, Section 19-15, be and the same is hereby amended to
read as follows:
Sec. 19-15. Representative operations supervisor.
The applicant or permittee shall designate a competent representative
who shall be responsible for the supervision of drilling operations and the
carrying out of the conditions of any permit. Such representative shall be
available at all times during drilling operations and shall be the responsible
contact agent of the applicant or the permittee whom the building official may
require to carry out the provisions of the permit.
Section 14.
That Chapter 19, Section 19-17, be and the same is hereby amended to
read as follows:
Sec. 19-17. Permit transfer approval.
All permits granted under this chapter shall be transferable upon approval
of the building official, after a determination that all requirements of this chapter
are met by the transferee.
Section 15.
That Chapter 19, Section 19-18, be and the same is hereby amended to
read as follows:
Sec. 19-18. Lapse of permit--Time; work without permit prohibited.
The drilling permit shall become null and void unless the permit is
accepted by the applicant in its entirety in writing, filed with the building official
within thirty (30) days from the effective date thereof, and no work on such drill
site shall be commenced until such permit is issued and accepted. The drilling
permit shall become null and void unless drilling is commenced within one
hundred eighty (180) days of the effective date of the permit.
Section 16.
That Chapter 19, Section 19-19, be and the same is hereby amended to
read as follows:
Sec. 19-19. Same--Extension of time.
Whenever a person holding a permit pursuant to the provisions of this
chapter wishes to request an extension of the time within which drilling
operations are required to be commenced to a period beyond one hundred eighty
(180) days after the effective date of the permit, a request for such extension
shall be filed with the building official in writing and be accompanied by a fee in
the amount of one hundred twenty-five dollars ($125.00) for each well for which
an extension is requested.
Such request for an extension shall set forth facts showing good cause for
the building official to allow additional time for the commencement of the well.
When good cause is shown, the building official shall grant an extension not to
exceed an additional one hundred eighty (180) days.
Section 17.
That Chapter 19, Section 19-21, be and the same is hereby amended to
read as follows:
Sec. 19-21. Filing of"Potential" or "Plug and Abandon" report.
A copy of the "Potential" or "Plug and Abandon" report of any well
furnished to the Texas Railroad Commission shall be concurrently filed by the
permittee with the building official.
Section 18.
That Chapter 19, Subsection 19-26(b), be and the same is hereby
amended to read as follows:
Sec. 19-26. Noise, vibration, odor, etc., restricted.
(b) The engines used in connection with the drilling of any oil well or any
production equipment shall be equipped with an exhaust muffler or
mufflers, or an exhaust muffler box, sufficient to suppress noise and to
prevent the escape of obnoxious gases, fumes, sparks, ignited carbon, or
soot. The type and design of any muffler or muffler box shall be approved
by the building official and by the fire chief or his authorized
representative.
Section 19.
That Chapter 19, Subsection 19-29(b), be and the same is hereby
amended to read as follows:
Sec. 19-29. Casing quality.
(b) Each joint and length of each particular casing string shall have prior to
setting unconditionally passed a complete cold water test and the building
official shall be furnished a copy of said test results.
Section 20.
That Chapter 19, Section 19-35, be and the same is hereby amended to
read as follows:
Sec. 19-35. Casingheads.
Each well drilled within the city limits shall be equipped with a casinghead
with a working pressure sufficient to contain the formation pressure.
Casingheads shall not be welded. The casinghead pressure shall be checked at
two (2) or more times each calendar year and if pressure is found to exist, proper
remedial measures shall be immediately taken to eliminate the source and the
existence of the pressure.
Section 21.
That Chapter 19, Section 19-36, be and the same is hereby amended to
read as follows:
Sec. 19-36. Christmas tree and well head connection maintenance; safety
valve.
The Christmas tree and all well head connections on each well existing
within the city limits and on each well drilled pursuant to a permit under this
section shall be maintained so as to operate safely. If a Christmas tree or a well
connection is found to be leaking or otherwise defective, the building official may
immediately revoke the permit. In the event the surface shut-in pressure of any
well in the city limits exceeds two thousand (2,000) pounds per square inch, the
flow wing of the Christmas tree shall be equipped with an automatic closing
safety valve in addition to the regular control valves.
Section 22.
That Chapter 19, Section 19-37, be and the same is hereby amended to
read as follows:
Sec. 19-37. Compressor station shutdown devices and other precautionary
measures.
The compressor station on each well existing within the city limits and on
each well drilled pursuant to a permit under this section shall be equipped with an
automatic shutdown device which shall be clearly marked and visible at all times.
The compressor station and all pipes and valves connected thereto must meet or
exceed the minimum internal pressure yield strength established under American
Petroleum Institute standards and shall have prior to installation unconditionally
passed a complete cold water test. All compressor stations shall be checked a
minimum of once each three (3) months and the result of said check shall be
sent to the building official upon request. Failure to comply with this section shall
result in immediate cancellation of the drilling permit issued hereunder.
Section 23.
That Chapter 19, Section 19-41, be and the same is hereby repealed.
Section 24.
That Chapter 19, Section 19-43, be and the same is hereby amended to
read as follows:
Sec. 19-43. Transportation of oil and gas restricted.
When production has been established in any new well, the construction
of a pipeline shall be started as soon as practical and economically feasible and
thereon diligently prosecuted until such pipeline is completed in order to eliminate
the trucking of oil. All oil and gas shall be shipped and transported through
pipelines after those pipelines have been completed, except in cases in which
such a method of transportation is found by the building official to be unfeasible.
In such cases the shipping and transportation of oil by truck may be permitted at
the discretion of the building official after consideration of all the circumstances
including but not limited to the proximity of the well to existing and available
pipelines, the availability of acceptable access routes to the drill site, and the
frequency and size of transportation vehicles required to serve the well. In the
instance of an oil spill, permittee may bring in a vacuum truck to clean said spill
without the necessity of obtaining permission from the building official.
Section 25.
That Chapter 19, Section 19-44, be and the same is hereby amended to
read as follows:
Sec. 19-44. Producing or nonproducing status of well.
If a well is placed in production, it shall be inspected periodically by the
building official in accordance with the requirements of this chapter. A notification
of status change from producing well to abandoned well shall become necessary
for any well which has not produced, or which has not been used for subsurface
injection into the earth of oil, gas, salt water, or oil field waste for a period of nine
(9) months, unless permission to hold said well for a longer period of time is
obtained from the Texas Railroad Commission. The operator shall upon request
of the building official furnish verification of production for the purposes of this
section.
Section 26.
That Chapter 19, Subsections 19-45 (3) and (4), be and the same are
hereby amended to read as follows:
Sec. 19-45. Well abandonment requirements; removal of derricks when
production started.
(3) The building official shall determine that the drill site and all facilities
pertinent thereto have been restored to their original condition as
nearly as practicable and that all requirements of this section have
been satisfied.
(4) After abandonment of a well by the operator, the drilling permit will
be terminated if, to the satisfaction of the building official, all the
conditions stated in this chapter have been fulfilled.
Section 27.
That Chapter 19, Section 19-46, be and the same is hereby amended to
read as follows:
Sec. 19-46. Violations; suspension or revocation of permit, appeals.
Any drilling permit may be suspended or revoked for any material violation
of the conditions of the permit by the permittee or for persistent violation of any
law by the permittee in the operation of any such well. The building official shall
not revoke any permit without first giving the permittee ten (10) days' written
notice of the nature of the violations and of the intention to revoke such permit.
Permittee shall at once cease drilling operations after receipt of notice of intent to
revoke this permit. If, within such ten (10) day period, the permittee requests a
hearing before the building official, the building official shall grant such hearing
within fifteen (15) days after the date of such request. At such hearing, evidence
shall be presented to establish to the satisfaction of the building official the extent
and nature of the violation which constitutes grounds for the revocation, and
permittee shall be given an opportunity to cross-examine all witnesses testifying
at such hearing. The permittee shall thereafter be permitted at that hearing, or at
a continued hearing, if a continuance is requested by the permittee, to present
evidence to disprove or explain such alleged violations. The building official shall
thereupon, after hearing all the evidence, determine whether or not the permit
should be revoked, and his determination thereon shall be final. If the building
official determines that the permit should be revoked, permittee may appeal the
decision of the building official to the construction board of adjustment and
appeals in accordance with the ordinances of the city. In the event the
construction board of adjustment and appeals determines that said permit should
be revoked, permittee shall have recourse to the appropriate courts of this state
to review such action by said construction board of adjustment and appeals and
the substantial evidence rule shall apply.
Section 28.
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 29.
That all ordinances or parts of ordinances in conflict herewith are repealed
to the extent of the conflict only.
Section 30.
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
17th day of April, 2007.
- Mayor Guy N. Goodson -
2
April 17,2007
Consider approving a request for a historic preservation loan for repairs to a house at 1822
Broadway
A.. Cit of Beaumont
y
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Public Works Director
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 10, 2007
REQUESTED ACTION: Council consider a request for a historic preservation loan for repairs
to a house at 1822 Broadway.
RECOMMENDATION
The Administration recommends approval of the request for a historic preservation loan for repairs
to a house at 1822 Broadway.
BACKGROUND
George and Sandra Bullington are requesting historic preservation loan monies in the amount of
$15,000. Work to be done on the house includes general repairs to the exterior of the house and
painting. The cost of the work far exceeds the loan amount. Mr. Bullington states that they are
making the repairs one step at a time.
The terms of the loan will be $250 per month for 60 months.
BUDGETARYIMPACT
The Historic Preservation Loan program is funded with CDBG money. Currently, there is
$80,947.93 in the Preservation Loan Account.
PREVIOUS ACTION
At a Regular Meeting held April 9,2007,the Historic Landmark Commission voted 8:0 to approve
the historic preservation loan for repairs to a house at 1822 Broadway.
SUBSEQUENT ACTION
None.
RECOMMENDED BY
City Manager, Public Works Director, Finance Officer, Planning Manager.
2525 North St
Beaumont, TX 77702
409-673-3734 ph
409-832-0755 fax
BID QUOTATION
Customer Info Date: 11/16/2006
Name: George Bullington
Address: 1822 Broadway
City: Beaumont
State: TX
Lip Code: 77702 Bid Quote: $25,179.00
Telephone: 409-835-3396
Fax.
Cell Phone:
Job Description
Exterior Painting- Residential
Complete Preparation of exterior specifically includes:
—Pressure washing includes porch,walk ways,driveways,and fence.
-Scrape old paint where necessary.
—Spaclde,Sanding,and Caulldnci in all areas needed. his includes Windows and Door Frames
ce preparation is complete,the entire exterior will be painted which also includes:
NAZI custom painting spindles and other detailed areas.
—The fence that surrounds the house will be painted.
—Customer has requested original colors to use.
Duration of Job will vary with weather. Estimated time frame of completion is 4 weeks.
Sherwin W!//lams Palnts and Produc&w/!/only be used for this site.
Total Cost Includes all Materials Labor,and All Appikable Taxes: $25179.00
Customer Signature Contractor Signature
Anthony D.Harness
BID AND DESCRIPTION
FOR CONTINUED RESTORATION
AT 1822 BROADWAY
BEAUMONT, TEXAS
GEORGE AND SANDRA BULLINGTON
THE FOLLOWING INFORMATION IS BEING PROVIDED BY RICK KELLEY,
OWNER OF O'CEALLAIGH DESIGNS,REGISTERED CONTRACTOR WITH THE
CITY OF BEAUMONT.
PORCH AT FRONT ENTRANCE OF HOME:
1. Temporary removal of 12 columns,Roman Corinthian capitals and pedestals
2. Repair,re-establish original look,secure proper supports, strengthen piers and,
strengthen structure under and above all of front porch
3. Materials to be used include,cinder blocks, 8x8 wood ceils,flashing;tar,variety of
lumber as needed
4. Re-establish..original 12 columns,Roman Corinthian capitals and pedestals
COMPLETION OF ROOF ON HOME INCLUDING PORT COCHERE,ROOF
OF FRONT WRAP AROUND PORCH AND BACK PORCH AND CHIMNEYS:
1. Approximately 25 squares of architect shingles,matching the roof on the home at this
time,will be needed to finish all roof repairs
2. Roof rafters will be installed for a 4/12 pitch(rake)for proper.drainage of the front
wrap around porch roof and port cochere,to avoid future runoff problems, causing wood
rot
3. Reinstall and replace the railing that was around.the 2nd story wrap around veranda
and the 2nd story port cochere.
PORT COCHERE:
1. Removal and replacement of 4 columns, damaged by wood rot from improper
water drainage from port cochere roof area
TOTAL HOME APPEARANCE:
1. Due to some wood rot from.water,it will be necessary to replace some areas of
siding;trims and-fascia to-bring-the-homes back-to-its original appearance
2. Painting of the entire home,including all trim will be necessary to restore the
home to its original appearance
TOTAL ESTIMATED COST OF REPAIRS (hoping for no further hidden
problems):
$67,500.00
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to approve an historic preservation
loan from the Historic Preservation Loan Fund in the amount of $15,000 to George and
Sandra Bullington for repairs and painting of the exterior of the house at 1822 Broadway,
Oaks Historic District, Beaumont, Texas.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
- Mayor Guy N. Goodson -
3
April 17, 2007
Consider Consider approving a contract for the purchase of cement liner materials for manhole
rehabilitation for use by the Water Utilities Department
UAW
City Council Agenda Item
c
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Max S. Duplant, Chief Financial Officer
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 9, 2007
REQUESTED ACTION: Council consider a contract for the purchase of cement liner
materials for manhole rehabilitation.
RECOMMENDATION
Administration recommends award of a six (6) month contract to Standard Cement Materials of
Houston for the purchase of cement liner materials for manhole rehabilitation for use by the Water
Utilities Department for the unit price of$23.50 per bag. The estimated total cost over the term of
the contract is $126,900.
BACKGROUND
The City sanitary sewer system utilizes thousands of brick and mortar manholes. Over time,mortar
deteriorates and gives way, creating voids which can allow the infiltration of storm water into the
sanitary sewer system. This infiltration creates the potential for sanitary sewer overflows,which are
public health risks, and are subject to fines by the Texas Commission on Environmental Quality
(TCEQ).
The Water Utilities Department has developed a Sanitary Sewer Overflow Initiative(SSOI)with the
TCEQ which removes the threat of fines for overflows during a five(5)year period,providing the
Department adheres to the action plan. A component of this plan is the rehabilitation of damaged
manholes by spray applying a cement liner material to the interior of the manhole,and thereby filling
the voids caused by deteriorated mortar. The SSOI requires rehabilitation of 600 linear feet of
manholes per month in order to avoid an administrative order or fine.
In October 2006, Council approved the purchase of a sanitary sewer manhole rehabilitation trailer
equipped with a diesel engine,hydraulic pump,water system,mortar mixer,mortar delivery pump,
air compressor,mortar spraying system, winch, and a tripod for setup above the subject manhole.
The trailer cost$64,250 and is used to spray apply the cement liner materials subject to this contract.
Cement Liner Materials for Manhole Rehabilitation
April 9,2007
Page 2
Four(4)bids were received for providing cement liner materials as indicated below. Specifications
required a high strength dry cement product that would be mixed with water and spray applied one
(1)inch thick that met certain strength,adhesion,shrinkage,and corrosion requirements.Bids were
evaluated based on their compliance with bid specifications,product coverage, and cost.
Administration recommends the contract be awarded to Standard Cement Materials of Houston.
Their bid of$23.50 per bag for the Reliner MSP Cement is the lowest qualified bid and meets all
required specifications.
The product proposed by the apparent lowest bidder,Madewell Products,fails to meet the minimum
compressive strength standard set forth in the specifications.The proposed material also requires the
application of a second product to meet the corrosion resistance standard specified.The purchase and
application of the second product would require additional labor and equipment eliminating any
potential cost savings.
Vendor Coverage Unit Price #of Bags Approx. Approx.
and when per month Monthly Six-Month
Product applied to cover Cost Contract
1"thick 8,550 Sq.Ft.
Madewell Products 7.5 sq. ft. $16.90/bag 1,140 $19,266 $115,596
Alpharetta,GA
75 lbs. bag
Mainstay ML-72
Standard Cement Materials 9.5 sq.ft. $23.50/bag 900 $21,150 $126,900
Houston,TX
75 lbs. bag
Reliner MSP Cement
Hartmann Building Specialties 5.4 sq. ft. $15.50/bag 1584 $24,552 $147,312
Beaumont, TX
55 lbs. bag
Master Builders S88CI
National Works,Inc. 9.5 sq. ft. $39.35 /bag 900 $35,415 $212,490
New Braunfels, TX (estimated) (estimated)
65 lbs. bag
SewperCoat PG
BUDGETARYIMPACT
Funds are available for this estimated expense of$126,900 in the Water Utilities Fund.
RESOLUTION NO.
WHEREAS, bids were received for a contract to purchase cement liner materials
for manhole rehabilitation for use by the Water Utilities Department; and,
WHEREAS, Standard Cement Materials, Houston,Texas,submitted a bid in the unit
amount of$23.50 per bag for an estimated cost of$126,900 for a six-month contract; and,
WHEREAS, City Council is of the opinion that the bid submitted by Standard
Cement Materials, Houston, Texas, should be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the bid submitted by Standard Cement Materials, Houston, Texas, for a
six-month contract to purchase cement liner materials for manhole rehabilitation for use
by the Water Utilities Department in the unit amount of $23.50 per bag for an estimated
cost of$126,900 be accepted by the City of Beaumont.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
Mayor Guy N. Goodson -
4
April 17,2007
Consider authorizing an application for, and acceptance of new funding for the Southeast Texas
Auto Theft Task Force
cusi City of Beaumont
�Z c g
Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Frank C. Coffin Jr., Chief of Police
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 11, 2007
REQUESTED ACTION: Council consider authorizing an application for, and acceptance of,
new funding for the Southeast Texas Auto Theft Task Force
RECOMMENDATION
Administration recommends approval of an application for, and acceptance of, new funding for the
Southeast Texas Auto Theft Task Force.
BACKGROUND
As a result of Title 43, Part III, Chapter 57 of the Texas Administrative Code, local government
agencies may apply for one year funding for a State Grant through the Texas Automobile Theft
Prevention Authority. The City of Beaumont has been the grantee of the Southeast Texas Auto Theft
Task Force since 1993. The Task Force is presently operating on $557,282 funded by the Texas
Automobile Theft Prevention Authority. Participating agencies are also providing$138,501 in cash
match, and $274,037 in"in-kind" match.
BUDGETARY IMPACT
The Southeast Texas Auto Theft Task Force is a multi jurisdiction agency comprised of seven
personnel from the Beaumont Police Department, and one each from Jefferson County Sheriff's
Office,Pt. Arthur Police Department and the Hardin County Sheriff's Office. Since the inception of
the Task Force, motor vehicle thefts have decreased in Beaumont by 68%from 1721 in 1992 to 550
in 2006. The Task Force currently covers Jefferson,Orange,Hardin,and Jasper Counties. The Task
Force focuses efforts in two areas: investigations, which target thefts for profit, street gang related
thefts, and repeat offenders;and public awareness,which uses media campaigns,training and public
presentations to promote prevention techniques and awareness.
The application for FY2008 is in the amount of$934,594. State funds in the amount of$520,432
are being requested from the Automobile Theft Prevention Authority. The Beaumont Police
Department will provide $113,740 on a cash match in the form of personnel benefits, fuel, oil, and
maintenance for vehicles,while other agencies will provide an additional$30,888 in cash match. An
"in-kind" match of$269,534 will also be provided in the form of salaries for personnel.
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby authorizes the City Manager to apply for funding for FY 2008
operations of the Southeast Texas Auto Theft Task Force; and,
BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized
to execute necessary documents for acceptance of the funding and to receive and
disburse funds related to the operation of the Southeast Texas Auto Theft Task Force.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
Mayor Guy N. Goodson -
5
April 17, 2007
Consider approving a resolution adopting the 2007 Consolidated Block Grant Program
City Council Agenda Item
TO: City Council
FROM: Kyle Hayes, City Manager
PREPARED BY: Tom Warner, Director of Public Works
MEETING DATE: April 17, 2007
AGENDA MEMO DATE: April 4, 2007
REQUESTED ACTION: Council conduct a workshop to decide budget allocations for
Public Services, which includes the Public Facilities and
Improvements and the Emergency Shelter Set-Aside line items
of the 2007 Annual Action Plan and issue a resolution to
adopt the Proposed 2007 HUD Consolidated Grant Program.
RECOMMENDATION:
Administration recommends Council conduct a workshop to decide budget allocations for Public
Services,which includes the Public Facilities and Improvements and the Emergency Shelter Set-Aside
line items of the 2007 Annual Action Plan and issue a resolution to adopt the Proposed 2007 HUD
Consolidated Grant Program.
BACKGROUND:
As mandated by the U. S.Department of Housing and Urban Development(HUD),City Council has
conducted public hearings and work sessions in previous years prior to adopting the City's Annual
Action Plan. Council conducted a Public Hearing and work session to discuss and adopt the
Preliminary Budget on March 6,2007. The Community Development Advisory Committee and City
of Beaumont's Staff have presented their recommendations for the budget allocations for the Public
Services line items. Council conducted a Public Hearing to receive comments from Community
Development Block Grant applicants on April 10, 2007. Allocations for 2007 Community
Development Block Grant and HOME program funds have been posted by the US Department of
Housing and Urban Development.
BUDGETARY IMPACT:
The proposed 2007 budget is comprised of federal allocations of $1,826,075 in Community
Development Block Grant funds, $755,215 in HOME funds and $150,000 of estimated program
income. The Public Services line item is comprised of$125,000 for Public Services and Public
Facilities and Improvements and $85,00 for Emergency Shelter Set-Aside.
2007 HUD CONSOLIDATED GRANT PROGRAM
COMMUNITY DEVELOPMENT BLOCK GRANT(CDBG) 2007
Proprosed
Budget
HOUSING
Minor Repair $ 66,000
Funds will be used to repair approximately 4 homes at$16,500
Infrastructure 30,000
Funds will be used for infrastructure in the CDBG strategy area.
Elderly/Disabled Housing Assistance 58,075
Funds will be used to assist in sewer repair,tree and shrub removal and other activities
associated with code enforcement for primarily low/mod income elderly/disabled citizens.
CLEARANCE AND DEMOLITION
Clearance and Demolition Activities
Funds will be used to demolish unsafe and residential and commercial structures. 382,000
Funds will also be used for project delivery costs and for clearance on a spot basis.
PUBLIC FACILITY &IMPROVEMENT 830,000
Section 108 ** Debt Service
Hotel Beaumont(Section 108 payment)-rehabilitation
Crockett Street(Section 108 payment)-rehabilitation
Jefferson Theater(Section 108 payment)- rehabilitation
Theodore R.Johns,Jr. Library(Section 108 payment)-new construction
L L Melton YMCA(Section 108 payment)-rehabilitation
PUBLIC SERVICES
Public Services Organizations 125,000
Funds will be used for administrative and operating costs for various non-profit organizations.
Child Abuse and Forensic Services($20,000)
Christian Women's Job Corp. (18,600)
IEA-Inspire,Encourage,Achieve($7,380)
Nutrition and Services for Seniors($16,275)
Southeast Texas Family Resource Center($20,000)
Southeast Texas Police Activities League($20,000)
Spindletop MHMR Services($10,000)
YMCA-L. L. Melton Branch($12,745)
EMERGENCY SHELTER SET-ASIDE 85,000
Funds will be used to provide Homeless Provider Grant Funds to assist with operation management,
essential services,homeless prevention and administration of facilities that house and provide services
to the homeless population.
Family Services of South East Texas($16,000)
Henry's Place($31,480)
The Salvation Army of Beaumont($16,000)
Watt's Home Inc. ($21,520)
ADMINISTRATION 250,000
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution,and regulatory requirements of the HUD Consolidated Grant Program.
TOTAL CDBG _,g�75
REVOLVING FUNDS(Funded with Program Income*)
Small Business Loan Fund 125,000
Historic Preservation Loan Fund 20,000
Clearance and Demolition 5,000
*Program Income is Estimated
TOTAL REVOLVING FUNDS 1_ 50=
HOME
AFFORDABLE HOUSING PROGRAM 679,694
Funds will be used to assist non-profit housing development organizations with the development
of affordable housing that will be sold to low to moderate income families,including associated eligible
project delivert costs such as downpayment assistance,closing costs and principal mortgage buy downs.
Funds will also be used for eligible project costs associated with the development of multi-family
housing units.
HOME ADMINISTRATION 75,521
Funds will be used for personnel and operating expenses necessary for compliance with the planning,
execution,and regulatory requirements of the HUD HOME Program.
TOTAL HOME 755,215
TOTAL 2007 PROPOSED BUDGET $ 2,731,290
RESOLUTION NO.
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the Preliminary 2007 HUD Consolidated Grant
Program Budget. The approved Budget is substantially in the form attached hereto as
Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of April,
2007.
Mayor Guy N. Goodson -
2007 CONSOLIDATED BLOCK GRANT PROGRAM APPLICATIONS
Public Services/Public Facilities & Improvements/Emergency Shelter Set-Aside
AMOUNT CDAC ADMINISTRATION CITY COUNCIL
ORGANIZATION REQUESTED RECOMMENDATIONS RECOMMENDATIONS RECOMMENDATIONS
PUBLIC SERVICES
1. Angel of Mercy Ministries $20,000.00 $0.00 $0.00
2. Child Abuse and Forensic Services $20,000.00 $20,000.00 $20,000.00
3. BCHDO $20,000.00 $0.00 $0.00
4. Christian Women's Job Corp. $24,030.00 $18,600.00 $18,600.00
5. The Evergreen Cemetery Foundation $13,855.00 $0.00 $0.00
6. IEA-Inspire, Encourage,Achieve $7,380.00 $7,380.00 $7,380.00
7. Lamar University Community Outreach $18,450.00 $0.00 $0.00
8. Nutrition and Services for Seniors $16,275.00 $16,275.00 $16,275.00
9. Power of Praise Christian Center $20,000.00 $0.00 $0.00
10. Salvation Army-Boys and Girls Club $17,500.00 $0.00 $0.00
11. Southeast Texas Family Resource Center $20,000.00 $20,000.00 $20,000.00
12. YMCA-L. L. Melton $20,000.00 $12,745.00 $12,745.00
Total Public Services $217,490.00 $95,000.00 $95,000.00
PUBLIC FACILITIES AND IMPROVEMENTS
13. Beaumont Habitat for Humanity $20,000.00 $0.00 $0.00
14. Clovieres Affordable Housing $17,500.00 $0.00 $0.00
15. Power of Praise Christian Center $20,000.00 $0.00 $0.00
16. Spindletop MHMR $10,000.00 $10,000.00 $10,000.00
17. SE TX Police Activities League, Inc. $20,000.00 $20,000.00 $20,000.00
Total Public Facilities and Improvements $87,500.00 $30,000.00 $30,000.00
TOTALS REQUESTED/AWARDED $304,990.00 $125,000.00 $125,000.00 $0.00
PUBLIC SERVICES(EMERGENCY SHELTER SET-ASIDE)
18. Family Services of Southeast Texas * $33,000.00 $16,000.00 $16,000.00
19. Henry's Place $49,750.00 $31,480.00 $31,480.00
20. Salvation Army of Beaumont $20,000.00 $16,000.00 $16,000.00
21. Watt's Home Inc. $21,521.00 $21,520.00 $21,520.00
TOTALS REQUESTED/AWARDED $124,271.00 $85,000.00 $85,000.00 $0.00
* CDAC recommends food and maintenance
only-no liability insurance
M
X
D