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HomeMy WebLinkAboutPACKET SEPT 13 1983 A G E N D A REGULAR SESSION OF THE CITY COUNCIL SEPTEMBER 13, 1983 CITY COUNCIL CHAMBERS 1:15 P.M. * Invocation. * Pledge of Allegiance. * Roll call . * Proclamations. * Consent Agenda. * Public hearing to consider the use of tax exempt financing for ap- proximately 152 units of low and moderate residential rental housing to be located on Park North Drive. 1. A resolution approving the use of tax exempt financing for approxi- mately 152 units of low and moderate residential housing to be located on Park North Drive. 2. An ordinance adopting proposed subdivision regulations. 3. A resolution authorizing the City Manager to execute the 1982 contract with the International Association of Fire Fighters. * Public hearing - dilapidated structures. 4. An ordinance declaring certain dilapidated structures to be public nuisances and requiring their repair or removal . Other business. Hear citizens. Recess. RECONVENE FOR WORK SESSION, 1. September 9, 1983 Council Letter 95 Honorable Mayor and Members of City Council Subject: Tax-exempt Financing The Beaumont Multi-Family Housing Finance Corporation adopted an inducement resolution approving tax-exempt financing for an apartment development con- taining approximately 152 units to be located on Park North Drive. The total financing will be approximately $4,000,000. Under the federal tax law, be- fore the financing can be completed, the City must hold a public hearing and adopt a resolution approving the financing. The project to be financed is similar to the one which you earlier approved and which is now under construction on Folsom Road. The financing is dif- ferent, however, in that these bonds will not be guaranteed by FSLIC in- surance. The developers of the project include Rowan Smith of Houston, Bruce Whitehead of Beaumont, and others. The City Attorney has handled the discussions with the Beaumont Multi-Family Housing Finance Corporation with respect to this project. He will be pre- pared to thoroughly explain the ramifications of this proposal as an opening statement for the public hearing. It is recommended that this resolution be adopted. �� t Karl Nollenberger City Manager NO. / -- RESOLUTION NO. A RESOLUTION APPROVING ISSUANCE BY THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION OF AN ISSUE IN THE AMOUNT OF $4 , 000,000 OF THE BEAUMONT MULTI-FAMILY HOUSING FINANCE CORPORATION (ISSUER) MULTI-FAMILY RESIDENTIAL DEVELOPMENT REVENUE BONDS (CREEKWOOD VILLAGE APARTMENTS PROJECT) ; APPROVING THE RESOLUTION OF THE ISSUER REGARDING THE BONDS, THE ISSUANCE OF THE BONDS AUTHORIZED THEREBY AND THE PLAN OF FINANCING APPROVED THEREBY AND THE BOND DOCUMENTS; AND APPROVING THE PROJECT TO BE FINANCED WITH THE BONDS WHEREAS , the City of Beaumont (the "Unit") has approved and authorized the creation of the Beaumont Multi-Family Housing Finance Corporation (the "Issuer") as a Texas non-profit corporation, pursuant to the Housing Finance Cor- porations Act, as amended, Article 1269L-7 , Vernon' s Anno- tated Civil Statutes (the "Act") , to act on behalf of the Unit to promote the development of multi-family residential developments within the City of Beaumont; and WHEREAS , the Issuer is authorized by the Act to issue its revenue bonds on behalf of the Unit for the purpose of paying all or part of the costs of a "residential develop- ment" , as defined in the Act, and to loan the proceeds thereof to finance all of part of the costs thereof; and WHEREAS , the Issuer, by resolution (the "Inducement Resolution" ) adopted July 18 , 1983 , has declared its intent to authorize the issuance and sale of its $4, 000 ,000 Multi- Family Housing Revenue Bonds (Creekwood Village Apartments Project) (the "Bonds") to finance the construction of approximately 152 rental dwelling units (the "Project") located within the Unit on the north side of Park North Drive just east of U.S . Highway 69 to be owned by an entity wherein P . Rowan Smith, Jr. will be a principal; and WHEREAS , Section 103 (k) of the Internal Revenue Code of 1954 , as amended (the "Code") , requires the Unit' s approval of the issuance of the Bonds and authorizes its approval of a plan of financing related to the Project after a public hearing following reasonable public notice; and WHEREAS, this City Council, after publication of notice in accordance with law and before the adoption of this resolution, conducted a public hearing relative to its approval of the Project; and WHEREAS , this City Council has reviewed the Inducement Resolution and the minutes relative thereto and, by adoption of this Resolution, intends to approve the Inducement Resolution, the issuance of the Bonds, the plan of financing approved by the Inducement Resolution and to approve the Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT, TEXAS : Section 1. The Unit, acting through this City Council, hereby approves : (a) the Project; (b) the Inducement Resolution and the plan of finan- cing approved thereby; (c) the issuance of the Bonds in the amount and for the purposes referred to in the preambles hereof; and Section 2 . This Resolution shall take effect imme- diately from and after its adoption. PASSED AND APPROVED this 1983 . ATTEST: Mayor, City of Beaumont, Texas City Secretary, City of Beaumont, Texas [Seal] APPROVED AS TO FORM: By: City Attorney, City o Beaumont, Texas 81BCSO -2- r September 9, 1983 2. Council Letter 98 Honorable Mayor and Members of City Council Subject: Revision of Subdivision Regulations, Chapter 24, of the Code of Ordinances of the City of Beaumont For the last one-and-one-half years, the City staff has been working with the Joint City/Development Committee (JCDC) and the Planning Commission to revise and update the Subdivision Ordinance for the City of Beaumont which was adopted in 1946. It was agreeded that the ordinance should be completely revised because of the following reasons: - defects in the original ordinance; - inconsistency with state statutes; - the need to ensure that all required improvements would be constructed at the expense of the developer and not become a burden to local taxpayers; to ensure consistency with the new zoning ordinance and to help implement the new comprehensive plan; and, to speed up the subdivision review process and to reduce development costs where possible. On September 28, 1982, the Joint City/Development Committee voted unanimously to recommend adoption of the revised and updated Subdivision Ordinance. The Planning Commission voted unanimously to recommend adoption of the new or- dinance on April 4, 1983. The ordinance was reviewed by the City Council approximately three months ago and the City Attorney was requested to add a provision for the use of letters of credit in order to ensure completion of all required subdivision improvements. The following is a summary of the major differences between the proposed and current ordinances. - A description of the purpose and major goals of the ordinance has been added to help in applying the regulations to specific subdivisions. - A suggestion has been included that a pre-application con- ference with the planning staff should be held by the appli- cant prior to the preparation of a preliminary plat. The number of copies of each plat that must be submitted with an application has been increased to 30 in accordance with current practice. r , Council Letter 98 September 9, 1983 Page 2 Additional information is being requested for the processing of preliminary plats such as drainage calculations and pipe- line information. Approval for preliminary plats shall be valid for only 12 months from the date of approval . - Approval of a final plat by the Planning Commission shall no longer be required. - State statutes regarding public hearing requirements for re- subdivision or replatting of a subdivision without vacating the previous plat have been added to the ordinance. General design principles based on consideration of the neighborhood unit concept, physical conditions, and coordina- tion requirements were added to the ordinance in addition to specific design standards and improvement requirements for streets, alleys, sidewalks, easements, blocks, lots, street lights, street monuments, water and sanitary sewers, and shade trees. It is suggested that residential streets should be designed to be oriented on an east/west alignment so that 80% of the lots in the subdivision can be developed to take advantage of energy conservation and efficiency opportunities. Assurance of completion of all improvements has been added to to the ordinance by requiring use of one of the following options before the Planning Commission will approve and record a final plat: 1. construction of all improvements and acceptance by the City; 2. posting of a payment and performance bond; 3. establishment of an escrow account; 4. sequential approval of up to 50 lots or one-third of the total number of lots, whichever is less; or 5. irrevocable letter of credit. Provision for deferral or waiver of required improvements by the Planning Commission is allowed for specific reasons stated in the ordinance. No requirement has been added to ensure the maintenance of facilities after dedication and acceptance by the City. Council Letter 98 September 9, 1983 Page 3 - An application fee of $25 has -been established for the proces- sing of subdivisions; however, an additional application pro- cessing fee of $100 will be required for resubdivisions involv- ing advertising and notification of surrounding owners. It is recommended that the proposed ordinance be adopted. �zz tl-Ma,-Z, Karl Nollenberger City Manager AGENDA ITEM NO._.___.-- ORDINANCE NO. ENTITLED AN ORDINANCE REPEALING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF BEAUMONT AND ENACTING A NEW CHAPTER 24 PROVIDING SUBDIVISION REGULATIONS AND REPEALING SECTION 23-8 OF THE CODE OF ORDINANCES, PROVIDING GENERAL STANDARDS FOR STREET CONSTRUCTION; PROVIDING FOR REPEAL; AND PROVIDING A PENALTY. Section 1 . Chapter 23 , Section 23-8 of the Code of Ordinances of the City of Beaumont is hereby repealed. Section 2 . Chapter 24 of the Code of Ordinances of the City of Beaumont is hereby repealed and there is hereby enacted a new Chapter 24 to read as follows: 1 SUBDIVISION REGULATIONS ARTICLE I. GENERAL PROVISIONS. Sec. 24-1 . This ordinance shall be known, cited and referred to as the Subdivision -Regulations of the City of Beaumont, Texas. Sec. 24-2 . The statutes of the state authorizing and empowering cities to regulate the platting and recording of subdivisions or additions situated within the corporate limits or within five (5 ) miles of the corporate limits of such city , the same being Chapter 231 , Acts of the Regular Session of the 40th Legislature of Texas, 1927, such statutes being article 974a, Vernon' s Annotated Civil Statutes, are hereby adopted for and on behalf of the city, and the city acting through its duly authorized officials shall have all the rights, powers, privileges and authority authorized and granted by and through such statutes. Sec. 24-3 . Purpose. ( a ) The subdivision of land is the first step in the process of urban development. The arrangement 2 of parcels in the community for residential, commercial and industrial uses and for streets, alleys, schools, parks and other public purposes will determine to a large degree the conditions of health, safety, economy and amenity that prevail in the urban area. The quality of these conditions is of public interest. These regulations and standards for the subdivision and improvement of land for urban use are to make provision for adequate light, air, open space, drainage, transportation, public utilities and other needs, to insure the development and maintenance of a healthy , attractive, planned, orderly and y a efficient community pursuant to the official Comprehensive Plan for the City of Beaumont. ( b) The goals of these regulations are as follows: ( 1 ) To protect and provide for the public health, safety, and general welfare of the municipality . (2 ) To guide the future growth and development of the municipality , in accordance with the Comprehensive Plan. (3 ) To provide for adequate light, air, and privacy , to secure safety from fire, flood, 3 and other danger, and to prevent overcrowding of the land and undue congestion of population. (4 ) To protect the character and the social and economic stability of all parts of the municipality and to encourage the orderly and beneficial development and redevelopment of all parts of the municipality. (5 ) To protect and conserve the value of land throughout the municipality and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings . (6 ) To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, schools , parks, playgrounds, recreation, and other public requirements and facilities. (7 ) To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the municipality, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of 4 land and buildings , and to provide for the proper location and width of streets and building lines. (8 ) To establish reasonable standards of design and procedures for subdivisions and resub- divisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of sub- divided land. (9 ) To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision. ( 10) To prevent the pollution of air, streams , and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources throughout the municipality in order to preserve the integrity , stability , and beauty of the community and the value of the land. ( 11) To preserve the natural beauty and take into account the topography of the municipality and to insure appropriate development with regard to these natural features. ( 12) To provide for open spaces through the most 5 efficient design and -layout of the land, including the use of average density in providing for minimum width and area of lots, while preserving the density of land as established in the zoning ordinance of the municipality. (13) To provide that the cost of improvements which primarily benefit the tract of land being developed be borne by the owners or developers of the tract and that the cost of improvements which primarily benefit the whole community be done by the whole community . ( 14) To ensure that street, utilities, and drainage improvements needed by the subdivi- sion are actually installed . Sec. 24-4 . Jurisdiction. ( a) Except as otherwise provided herein, every owner of land situated within the City of Beaumont or within the extraterritorial jurisdiction thereof, who causes the division of such land into two (2 ) or more lots, building sites, parcels, units, or fractional parts thereof , shall first prepare a plat in accordance with the provisions of this 6 r chapter. The description of such lots, building sites, units or interests by metes and bounds or by other reference in an instrument of transfer shall not exempt the transaction from the provisions of this chapter. However, the addition of two tracts or lots of land into one lot or parcel does not constitute a subdivision under these regulations. (b) No building permit or certificate of occu- pancy shall be issued nor shall connection or service with any City utilities, such as water and sewers, be permitted for any lot, tract, parcel or premises which was created by subdivision after January 22 , 1980 , unless the subdivision was approved by the Planning Commission. (c ) No improvements shall be started until a preliminary plat has been approved by the Planning Commission after which approval, improvements may be started in accordance with the preliminary plat and with the approval of the City Engineer of the final construction plans. 7 Sec. 24-5 . These regulations shall supplement and facilitate the enforcement of the provisions, standards, and specifi- cations contained in the building and housing codes, Zoning Ordinance, Comprehensive Plan, Official Street and Highway Plan and other official plans of the city. Where any provision of this ordinance imposes restrictions different from those imposed by any other provision of any other city ordinance, rule or regulation or any other provisions of law , the more restrictive shall control and be reflected in the plat. No plat showing a violation of a city ordinance, rule or regulation shall be approved. Sec. 24-6 . Definitions. ( a) Usage. Words in the present tense include the future; words in the singular number include the plural number and words in the plural number include the singular number; the word "building" includes the word "structure; " the word "lot" includes the words "parcel, " "plot, " or "tract; " the word "shall" is mandatory and not discretionary . (b) In the interpretation of this ordinance, the following words and terms are to be used and 8 interpretted as defined hereinafter: Block: A tract of land bounded by streets, or a combination of streets, public parks, railroad rights-of-way , shorelines of waterways or corporate limits. Comprehensive Plan: Policies in graphic and textual form adopted by the City Council to govern the future physical development of the city. Such plan may cover the entire city and all of its functions and services, or may consist of a combination of plans governing specific geographic areas which together cover the entire city and all Of its functions and services. Construction Plans: The maps or construction drawings accompanying a subdivision plat that show the specific location and design of all required or proposed improvements to be installed in the subdivision. Cul-de-sac: A local street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the area being subdivided . 9 Final plat: The map or drawing of a subdivision and any accompanying material, as described in these regulations which, if approved by the Planning Commission, may be submitted to the County Clerk for filing . Lot: An undivided tract, plot or parcel, of land intended as a unit for the purpose, whether immediate or future, of transfer of ownership or for building development. Lot orientation: The compass reading for a line drawn from a point midway between the side lot lines at the required front yard setback to a point midway between the side lot lines at the required rear yard setback . Owner: Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided under these regulations. Resubdivision: A change in an approved or recorded subdivision plat if such change affects any street layout or area reserved thereon for public use, or any lot line. Subdivider: Any person who, having an interest in land, causes it, directly or indirectly , to be 10 divided into a subdivision. Subdivision: Any land, vacant or improved, which is divided or proposed to be divided into two (2 ) r o or or more lots parcels, sites, units, plots,► P P interests for the purpose of offer, sale, lease, or development, either on the installment plan or upon any and all other plans, terms , and conditions, including resubdivision. 11 ARTICLE II. PRODECURE AND PLAT REQUIREMENTS. Sec. 24-7. Pre-application conference. The applicant should confer with the Planning staff prior to the preparation of a preliminary plat and discuss the procedure for obtaining approval of a subdivision plat and the requirements as to the general layout and arrangement of lots, blocks and streets, and minimum design and construction requirements for streets, storm drainage, sewerage and water improvements. The Planning staff shall also advise the applicant, where appropriate, to discuss the proposed subdivision with those officials who must eventually approve those aspects of the subdivision plat coming within their jurisdiction. Sec. 24-8 . Preliminary plat. ( a) After the pre-application conference, the applicant shall file an application for approval of a preliminary plat on forms available at the Office of the Secretary to the Planning Commission. The application shall be accompanied by a twenty-five dollar ($25) filing fee and thirty ( 30) copies of the preliminary plat providing the following information: ( 1 ) The title, or name, under which the proposed 12 subdivision is to be recorded, with the name and signature of the owner shown thereon. The title shall not duplicate or be similar to the name of an existing subdivision or property. Written evidence of ownership, acceptable to the City Attorney , shall be required in order to identify ownership and various easements, conditions, restrictions, and covenants pertaining to the use of the land being subdivided. ( 2 ) The meridian or north point. ( 3 ) The scale of the map shall be shown and drawn on a scale of one hundred (100) feet to the inch or larger. (4 ) A key map embracing the area surrounding the proposed subdivision. On this key map the tract to be subdivided shall be indicated in a distinctive manner. (5 ) The location of existing streets, blocks, lots, alleys, easements, building lines, parks, watercourses, ravines, bridges, culverts, present structures, the outline of wooded areas, and other natural features in the area affected, with principal dimensions, and all significant information in regard to 13 property immediately adjacent on all sides. (6 ) The names or designations of existing streets or roads. The names or designations of all adjoining subdivisions and properties. (7 ) Proposed plan of subdivision, showing streets, blocks, lots, alleys, easements, building lines, parks and other such areas, with principal dimensions. The plan shall show how the streets and easements in the subdivision will connect with those in the surrounding subdivisions. (8 ) The names of proposed streets. They shall conform with the names of any existing streets of which they may be or become extensions. They must not duplicate or be similar to the recognized name of any other street located elsewhere in the community . (9 ) The location of existing and proposed sewers, water and gas mains and other public utilities easements and improvements. ( 10) The location of existing and proposed storm drainage easements and improvements. (A copy of all design computations shall be submitted along with the plans. ) (11) Topography is not usually required to be 14 shown; however, if the surface is markedly uneven, the Planning Commission may require a contour map showing contour intervals of not more than two (2 ) feet. Profiles of proposed streets and alleys may be required. (12) The boundaries and flood elevations of all areas located in flood hazard areas as determined by the Flood Insurance Rate Maps (FIRM) provided by the Flood Insurance Administration. (13) The location of all existing pipeline ease- ments and information concerning the size of the pipe, type of product being transported and the pressure in the pipeline. ( 14) The name of the registered surveyor or engineer responsible for preparing the plat. ( 15) A list of the proposed restrictive covenants, conditions, and limitations to govern the nature and use of the property being subdivided . (16) The Planning Commission shall be required to act upon an application completed in accordance with the requirements of this ordinance within thirty ( 30) days from the filing date. If the plat is disapproved, the 15 Planning Commission shall inform the subdivider in writing of the reasons for such action. If said plat be not disapproved within thirty ( 30) days from the filing date, it shall be deemed to have been approved by the Planning Commission. Approval of the preliminary plat by the Planning Commission shall also constitute the conditional approval of the final plat subject to approval by the City Engineer of all proposed improvements plans and a ministerial deter- mination by the Secretary of the Planning Commission that the final plat is consistent with the approved preliminary plat and complies with all the requirements of this Ordinance. (c) Approval or conditional approval of a preliminary plat by the Planning Commission shall be valid for a period of twelve ( 12) months from the date of approval. Failure to prepare a final plat and have it recorded in accordance with the provisions of this Ordinance within twelve ( 12) months from the date of preliminary plat approval shall result in the expiration of the previous approval . 16 (d) ( 1 ) Before the beginning of any construction on the proposed streets or public utilities pertaining to the subdivision, complete final construction plans of such improvements in the form of plats, sketches or other satisfactory written description shall be filed with the City Engineer. These shall show such features as street cross-sections and longitudinal slope for drainage, full description of proposed pavement or street improvements, dimensions and specifications for curbing , complete design and specification data concerning public utilities to be installed showing proposed position on the ground, speci- fications of materials and construction, plan-profile maps of all water and sewerage lines and stormwater sewers or drainageways showing both ground-surface and flow-line, and any other pertinent information of similar nature. If any part of the proposed construction is considered unsatisfactory by the City Engineer and below the standards 17 required, construction operations shall not be started on the affected portion until alterations are made such that the completed work shall conform to the official standard requirements of the city. ( 2 ) Upon the completion of construction of any such utility or improvement, complete "as built" plans in detail, dated, signed and certified by the engineer in charge, shall be filed with the City Engineer showing all features as actually installed, including materials, size, location, depth of elevation, numbers, ends of lines, connections, wyes, valves, storm sewer drains, inlets and other such features. Connections with city utilities will not be allowed unless and until the sub- divider complies with this requirement. Sec. 24-9. Final Plat. ( a) After obtaining approval or conditional approval of the preliminary plat and all construction plans by the City Engineer, the applicant, if wishing to proceed with the subdivision, shall file an 18 application for approval of the final plat on -forms available at the office of the Secretary to the Planning Commission. The application shall be accompanied by a thirty dollar ($30) filing fee with the original linen or mylar copy and twenty- five ( 25) prints of the final plat. Patching and the pasting of paper attachments is not acceptable. All figures and lettering shall be neat and easily legible. For final approval, the final plat must comply in all respects with the approved preliminary plat and provide the following information: ( 1 ) The title, or name, by which the subdivision is to be identified, accompanied by at least a brief general description of the tract embraced; the meridian or north point, and the scale of the map; the name of the surveyor, engineer or other person respon- sible for the surveys and the plat. (2 ) A definite legal description and identifica- tion of the tract being subdivided, sufficient for the requirements of title examination. This may be embodied in the title or shown elsewhere on the plat. 19 (3) The boundaries of the subdivided property indicated on the map in a distinctive manner with complete and accurate field notes of such boundaries; and, the location and designation of all streets, alleys and other areas intended to be dedicated to the public use, with proper dimensions. (4 ) The location of all adjacent streets and alleys, with their names, and the names of adjoining subdivisions. (5 ) All block , lot and street boundary lines. Blocks and lots shall be numbered or lettered. House numbers shall be allocated to lots. Building lines and easements shall be shown and shall be defined by dimensions. The actual width of all streets shall be shown, measured at right angles or radially , where curved. (6 ) All necessary dimensions, including linear, curvilinear and angular, shall be shown, and must be accurate. The linear and curvilinear dimensions shall be expressed in feet and decimals of a foot. The angular dimensions may be shown by bearings . Curved boundaries must be fully described and all essential 20 information given, including the length of tangents, central angle of curve , and the chords and arcs of curve. Block corners, angle points, points of curve and points of intersection of tangents shall be shown as permanently marked on the ground. Complete dimensional data shall be given on fractional lots or tracts. (7 ) Bench mark elevations will be established on at least one block corner of each street intersection and in no case more than one thousand ( 1000) feet from any other bench mark . These elevations shall be clearly shown on the plat. (8 ) The description and location of permanent survey reference monuments shall be shown . These shall be other than, and in addition to, markers set for block or lot corners. They shall be located in suitable places throughout the subdivision and there shall be at least as many of them as there are blocks in the subdivision, but not less than two ( 2 ) in the event there is only one block in the subdivision. The distance between successive monuments along any street or reference line 21 shall not be greater than one thousand (1000) feet. (9 ) A certificate of ownership in fee of all the land embraced in the subdivision or authenticity of the plat and dedication, including all properties intended for public use, signed and acknowledged by all owners of any interest in such land and properties. Acknowledgement shall be in the form required in the conveyance of real estate. Approval and acceptance by all lienholders shall be included. If all block corners have not been staked at the time such final plat is submitted for final approval, the owner' s certificate shall include a declaration and agreement that all such corners have been staked or have been contracted to be staked. (10) A certificate by the responsible surveyor or engineer in charge, duly authenticated, that the plat is drawn to scale, is true and correct and in accordance with the determin- ations of surveys actually made on the ground. If all the block corners in the subdivision have been staked at the time of final approval, the surveyor' s certificate 22 shall so declare. The surveyor' s certificate shall also state whether or not the tract is within five (5 ) miles of the city limits, measured in a straight line between nearest points, unless this information is shown in suitable manner elsewhere on the face of the plat. (11) All legal restrictions and requirements placed on the approval of the preliminary plat shall be indicated on the final plat. ( 12) Certificates of approval to be signed by the Chairman and Secretary of the Planning Commission. (b) It shall be the responsibility of the Secretary to the Planning Commission to promptly file the final plat with the County Clerk . The applicant shall be responsible for paying all recording fees and costs. Sec. 24-10 . Vacation of plats, replats and resubdivisions. ( a ) Any such plan, plat or replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, 23 provided the approval of the Planning Commission shall have been obtained as above provided, and the execution and recordation of the instrument shall operate to destroy the force and effect of the recording of the plan, plat or replat so vacated. In cases where lots have been sold, the plan, plat or replat, or any part thereof, may be vacated upon the application of all the owners of lots in said plat and with the approval, as above provided, of the Planning Commission. The County Clerk of the county in whose office the plan or plat thus vacated has been recorded shall write in plain, legible letters across the plan or plat so vacated the word "Vacated, " and also make a reference on the same to the volume and page in which said instrument of vacation is recorded . ( b) In the event there is not compliance with Subsection ( a ) of this section, a replat or resubdivision of a plat, or a portion thereof, without vacation of the previous plat, is hereby expressly authorized to be recorded and shall be deemed valid and controlling, when approved, after a public hearing by the Planning Commission when: (1 ) it has been signed and acknowledged by only the owners of the particular property which 24 is being resubdivided or replatted; ( 2 ) it has been approved by the Planning Commission or other appropriate governing body , as the case may be, after a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard; (3 ) it does not attempt to alter, amend, or remove any covenants or restrictions; and (4 ) there is compliance, when applicable, with Subsections ( c) and (d) of this section. ( c) The following additional requirements for approval shall apply in any resubdivision or replatting of a subdivision, without vacating the immediate previous plat, if any of the proposed area to be resubdivided or replatted was within the immediately preceding five years limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot. ( 1 ) Notice of such Planning Commission hearing shall be given in advance in the following manner: 25 (A) publication at least 15 days in advance of hearing being published in a paper of general circulation in Beaumont; and, (B) written notice (with a copy of Subdivi- sion Two of this subsection attached thereto) of such public hearing forwarded by the Planning Commission to owners ( as the ownerships appear on the current tax roll of Beaumont) of all lots in the immediately preceding subdivision plat not less than 15 days prior to the date of such hearing; such notice is considered served when it is deposited, properly addressed and postage paid , in a post office or postal depository within the boundaries of Beaumont; provided, however, if such immediately preceding subdivision plat shall contain more than 100 lots, such notice shall be mailed only to those owners of lots which are located within 500 feet of the lot or lots which are sought to be replatted or resubdivided. ( 2 ) The Planning Commission shall require in any resubdivision or replatting to which this 26 subsection applies written approval of 66 2/3 percent of: (A) the owners of .all lots in such plat; or (B) the owners of all lots in such plat within 500 feet of the property sought to be replatted or resubdivided if such immediately preceding plat contains more than 100 lots. The provisions of Subdivision (2 ) of this subsection shall, however, apply only if 20 percent, or more, of the owners, to whom notice is required to be given, of the lots in such plat a portion of which is sought to be replatted or resubdivided file with the Planning Commission written protest of such replatting or resubdivision prior to or at the hearing referred to in the notice of the proposed replatting or re-subdivision. In computing percentages of ownership, each lot in such subdivi-sion shall be considered equal to all other lots regardless of size or number of owners, and the owners of each lot shall be entitled to cast only one vote per lot. 27 ( 3 ) Provided, however, compliance with Subdivision ( 1 ) or ( 2 ) of this subsection shall not be required for approval of a re- platting or resubdividing of a portion of a prior plat if all of the proposed area sought to be replatted or resubdivided was designated or reserved for usage other than for single or duplex family residential usage by notation on the last legally recorded plat or in the legally recorded restrictions applicable to such plat. (d) Notwithstanding any other provision of this section, the Planning Commission is authorized to approve and issue an amending plat which is signed by the applicants only , and which is for one or more of the purposes set forth in the following Subdivisions ( 1 ) through (8 ) , inclusive, and such approval and issuance shall not require notice, hearing, or approval of other lot owners. This subsection shall apply only if the sole purpose of the amending plat is: ( 1 ) to correct an error in any course or distance shown on the prior plat; 28 ( 2 ) to add any course or distance that was omitted on the prior plat; ( 3 ) to correct an error in the description of the real property shown on the prior plat; (4 ) to indicate monuments set after death, disability, or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; (5 ) to show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; (6 ) to correct any other type of scrivener or clerical error or omission as previously approved by the Planning Commission; such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent recorded plats, (7 ) to correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment and neither lot is abolished, provided that such amendment does not attempt 29 to remove recorded covenants or restrictions and does not have a materially adverse effect on the property rights of the other owners in the plat; or (8 ) to relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement. Sec. 24-11 . Acceptance of Dedication Offers. Acceptance of offer of dedication of streets, utilities, public areas and parks shall be by action of the City Council . The approval by the Planning Commission of a subdivision plat shall not be deemed to constitute or imply the acceptance by the city of any street or utility easements or improvements shown on said plat. 30 ARTICLE III. GENERAL DESIGN PRINCIPLES AND SPECIFIC DESIGN STANDARDS AND IMPROVEMENT REQUIREMENTS. Sec. 24-12. General Design Principles. The quality of design of the urban area is dependent on the design quality of the individual subdivisions that compose it. Good community design requires the coordination of the efforts of each subdivider and developer of land within the urban area. Therefore, the design of each subdivision shall be prepared in accordance with the design principles, concepts and standards in the Comprehensive Plan document which includes the Lan Use Element, Transportation Elements, Community Facilities Element and Utilities Element as approved by the city and on file in the office of the City Clerk , and in accordance with the following provisions: (a) Neighborhood Unit Concept. It is intended that the urban area shall be designed as a group of integrated residential neighborhoods with appropriate activity centers and corridors and industrial areas. The following design principles are central to the neighborhood unit concept: (1 ) Arterial streets are routed around the perimeter of the neighborhood. 31 ( 2 ) Collector streets should disperse local traffic to arterial streets without bisecting the neighborhood. Collector streets should be designed so as to discourage their use as crosstown, arterial streets. (3 ) Children can walk to school and play areas through pedestrian ways or open space corridors separated from streets and the hazards of moving automobiles. ( 4 ) Residential streets should provide good access to residential units but should be planned so that they will not be used as through-traffic routes. Cul-de-sacs, curved street layouts, and light-duty surfacing should be used to promote low traffic volumes and preservation of residential character. ( 5 ) The elementary school and neighborhood park and playground should be located in the center of the residential area while major streets are routed along the perimeter. Each family should be within one-half- mile of the neighborhood center. (6 ) Public buildings and multi-family dwellings are located so as to form a buffer between 32 the more intense activity of the shopping center and the quiet atmosphere of the single family residential areas. (7 ) The neighborhood shopping center is located on arterial streets. This gives good access both from within and outside of the neighbor- hood. Residents of other areas can reach the shopping center withou traveling through the neighborhood. (b) Physical conditions. The arrangement of lots and blocks and the street system should be designated to make the most advantageous use of topography, and natural physical features. Tree masses and large individual trees should be preserved. The system of streets and sidewalks, and the layout and arrangement of blocks and lots should be designed to take advantage of the natural and scenic qualities of the area. Land which the Planning Commission finds to be unsuitable for subdivision or development due to flooding, improper drainage, adverse earth formations, utility or pipeline easements or other features which will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision or its 33 surroundings, shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Planning Commission that will solve the problems created by the unsuitable land conditions. (c) The following general design requirements ensure that the proposed subdivision is coordinated with its immediate neighbors with respect to land use, street connections, utilities, drainage facilities, and the possible dedication of parks and open spaces. ( 1 ) When a tract is subdivided into larger than normal building lots, such lots shall be so arranged as to permit the logical location and opening of future streets and possible resubdivision of lots with provision for adequate utility easements and connections. (2 ) When the plat to be submitted includes only part of the contiguous property owned or intended for development by the subdivider, a tentative plan of a proposed future street system for the unsubdivided portion shall be prepared and submitted by the subdivider. ( 3 ) The subdivision plat shall provide for the logical extension of abutting and proposed 34 utilities and drainage easements and improve- ments in order to provide for system continuity and to promote future development of adjacent areas. Sec. 24-13. Streets. The arrangement, classification, character, extent, width, grade and location of all streets shall conform to the Official Street and Highway Plan, the official street construction standards and the official street construction specifications of the City and shall be designed in accordance with the following provisions: ( a) The subdivider shall be required to dedicate appropriate right-of-way for major arterial streets required within or abutting said subdivision in accordance with the Street and Highway Plan. The right-of-way required for major arterial streets shall be from eighty ( 80) feet to one hundred twenty ( 120) feet in width as may be required. The pavement width of arterial streets shall be forty-four ( 44) feet to one hundred ( 100 ) feet from face to face of curb including channel- ization and storage lanes as may be appropriate. ( b) The subdivider shall be required to dedicate appropriate right-of-way for minor arterial streets required within or abutting said 35 subdivision in accordance with the Street and Highway Plan. The right-of-way required for arterial streets shall be from sixty ( 60) feet to ninety ( 90) feet in width as may be required. The pavement width of arterial streets shall be thirty-six (36) feet to sixty ( 60) feet from face to face of curb including channelization and storage lanes as may be appropriate. (c) Industrial streets, as required, shall be con- structed by the subdivider. The right-of-way required for industrial streets shall be a minimum of seventy ( 70) feet in width. The pavement width of industrial streets shall be a minimum of forty (40) feet from face to face of curb. The city will pay the difference in pipe size costs when a larger storm sewer pipe than adequate for a particular subdivision is required by the city. (d ) Collector streets shall be constructed in new sub- divisions by the subdivider. The city will pay all increased costs associated with the construction of said streets to the extent said costs exceed that necessary to build a residential street as defined herein. The right-of-way required for collector streets shall be sixty ( 60) feet in width. The pavement width shall be 36 thirty-six ( 36) feet from face to face of curb. The city will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the City. The increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2 ) . ( e ) Residential streets shall be constructed in new subdivisions by the subdivider. The right-of-way required for residential streets shall be fifty (50) feet in width. Pavement width shall be twenty-six (26 ) feet from face to face of curb. The City will pay the increase in cost when a larger sewer pipe than adequate for a particular subdivision is required by the City. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2 ) . Roll-type curbs are allowed. ( f) Minor residential streets shall be constructed in new subdivisions by the subdivider. The right-of- way required for minor residential streets shall be forty ( 40) feet in width. Pavement width shall be twenty ( 20) feet from face to face of curb. Minor residential streets are either cul-de-sac 37 streets servicing less than fifteen ( 15) dwelling units or one-way loop streets with no on-street parking that service less than twenty ( 20) dwelling units. The city will pay the increase in cost when a larger storm sewer pipe than adequate for a particular subdivision is required by the City. Increase in cost for a larger pipe will be calculated by determining the increase in pipe cost and multiplying by two (2 ) . Roll type curbs are allowed. (g) Offsets in street alignment shall be avoided. When a subdivision street is intersected by two other subdivision streets, the intersecting streets should form a four-leg intersection or two three-leg intersections offset at their centers by at least one-hundred fifty ( 150) feet. In the case of two collector or arterial street intersec- tions, a larger street offset may be required to allow for left turn storage between intersections. Intersections of five ( 5 ) or more approaches shall be avoided. The preferred angle of intersection of intersecting streets is ninety ( 90) degrees. Acute angles between streets in subdivisions at their intersection shall be avoided; provided, that when intersecting angles sharper than eighty 38 (80) degrees are deemed necessary by the City, the property line in the small angle of the intersec- tion shall be rounded, or otherwise located, so as to permit the construction of curbs having a radius of not less than twenty-five ( 25) feet without decreasing the normal width of the side- walk area. ( h) When the Planning Commission determines that the most desirable residential plan required laying out a dead-end street, the street shall terminate in a cul-de-sac with a minimum radius of fifty (50) feet and the dead-end street shall be no more than six hundred (600) feet long, unless topography, density , adequate circulation, or other unusual conditions necessitate a greater length. ( i ) Where a residential subdivision borders on or contains an existing or proposed arterial street, the Planning Commission shall require that access to such streets be limited by: ( 1 ) the subdivision of lots so as to back into the primary arterial and front onto a parallel local street with a nonaccess reservation strip along the rear property line to prevent access from the arterial; 39 ( 2 ) providing a series of cul-de-sacs, U-shaped local streets, or short loops entered from and designed generally at right angles to a parallel street, with the rear lot lines of their terminal lots backing into the arterial street. ( j ) Residential and minor residential streets should be designed so that at least eighty ( 80) percent of the buildings in the subdivision can be oriented on streets parallel to nine (9 ) degrees south of west, with a possible variation to six (6 ) degrees north of west, or to twenty-five ( 25) degrees south of west. Exceptions to this required orientation may be granted when it is shown that strict compliance is infeasible due to the size , configuration, or orientation of the property , the nature of surrounding development, circulation patterns, improved design or existing physical features of the site. Sec. 24-14 . Alleys. The minimum width of any alley shall be twenty ( 20) feet, except that where both sides abut residential property a fifteen ( 15) foot alley may be used, with an easement and building line on both sides of at least 40 two and one-half ( 2 1/2 ) f eet and a f ive ( 5 ) foot cutoff at all acute corners. Sec. 24-15 . Sidewalks. ( a) Sidewalks on at least one side of the public right-of-way shall be installed by the subdivider within two years from the date that the adjacent street is approved and accepted by the City Council along the following routes: ( 1 ) On all "safe school routes. " "Safe school routes" shall be those which have been developed and designated by the Planning and Zoning Commission with necessary assistance from the Transportation Department and appropriate affected school authorities. ( 2 ) On all arterial and collector streets. (b) Where sidewalks are required, the Planning Commission is further authorized to designate and determine, in accordance with established criteria, whether sidewalks are required on both sides or one side of a given street, and shall insure that its decision with reference to side- walks is communicated to the Department of Urban Transportation, Department of Water Utilities and the Building Inspection Department of the City. 41 Sec. 24-16 . Easements. ( a ) Minimum utility easements of between ten ( 10) and twenty ( 20) feet shall be provided along rear and side lot lines when necessary for use by public and private utilities. Provided, however, that the Planning Commission may require easements of greater width for the extension of main storm sewers, water lines or sanitary sewers and other utilities when it is deemed necessary . ( b) Minimum drainage easements shall be required when a subdivision is traversed by a watercourse, drainage channel, stream or underground conduits. Minimum easements shall be adequate to provide for the drainage requirements as determined by the City Engineer or any local drainage districts. Sec. 24-17 . Blocks. The lengths, widths, and shapes of blocks shall be determined with due regard for the following : ( a) Blocks used for residential purposes should be of sufficient width to allow for two (2 ) tiers of lots of appropriate depth. Exceptions to this standard shall be permitted in blocks adjacent to major streets, railroad, or waterways. ( b) Maximum block lengths for residential use should not exceed one thousand two hundred ( 1200) feet. Wherever practical, blocks along arterials should 42 not be less than one thousand ( 1000) feet in length. Sec. 24-18 . Lots. ( a) Lots shall have a minimum width, depth and area of not less than that required by the zoning ordinance for the zoning district in which the lots are located. Provided, however, that corner lots in RS, Residential Single-Family Dwelling Districts, shall have a minimum lot width of 60 feet. All residential lots with minimum lot width requirements shall abut a street. Side lot lines should be approximately at right angles or radial to street lines. (b) The layout and arrangement of residential lots should provide for at least eighty ( 80) percent of the lots to have a north/south lot orientation which permits buildings to be oriented to the south with their long axis running east/west. To ensure maximum solar access opportunities, radial lot line requirements may be modified to permit lot lines to be aligned from north to south on streets which do not have the east/west orientation. 43 ( c) Whenever a residential lot abuts two streets, one of which is an existing or proposed arterial street, the Planning Commission may require access on the nonarterial street and nonaccess reserva- tion along the rear property line. Lots at major street intersections and at all other points where traffic flow may be affected shall be rounded, or otherwise located, so as to permit the construc- tion of curbs having a radius of not less than twenty-five ( 25) feet without decreasing the normal width of the sidewalk area. .Sec. 24-19 . Street lights. ( a) Street lights are required in all subdivisions developed after the effective date of this ordinance, consistent with the following criteria: ( 1 ) The minimum capacity of residential luminaires shall be one hundred (100) watt high pressure sodium (8500 lumens) or an approved equal . (2 ) Street lights shall be installed at all intersections and at additional locations not less than two hundred (200) feet apart. Locations shall be designated so as to pro- vide an average separation of approximately two hundred fifty ( 250) feet. Variations 44 shall occur only where lot widths and/or other conditions necessitate. (3 ) The subdivider, in cooperation with Gulf States Utilities Company , shall designate proposed street light locations on the preliminary plat. ( 4 ) The Director of Transportation shall approve street light locations and may require relo- cation of designated street lights and/or addition or deletion of street lights. (b) All costs associated with the construction and installation of street lights in subdivisions developed after the effective date of this Ordinance shall be paid by the subdivider. Payment of said costs shall be a prerequisite to approval of the final plat of the subdivision. ( c ) Upon installation and acceptance of any public street light at a location established in accordance with the above guidelines, the City shall assume the monthly power and maintenance cost charges set in the current rate schedule. Sec. 24-20. House numbers. House numbers will be allocated to lots. The house numbers will be coordinated with the master plan of house numbering within the city limits; i .e . , one house 45 number to be allocated for each twenty ( 20) foot strip Of lot width, the even numbers on one side of the street beginning with ten ( 10) and the odd numbers on the other side of the street beginning with five (5 ) . Sec. 24-21. Street monuments, survey monuments and lot markers. (a ) Concrete monuments, eight (8 ) inches in diameter by thirty ( 30) inches long, shall be placed at all corners of boundary lines and at curve points and angle points of a subdivision, and in any case, not more than one thousand ( 1000) feet apart. The exact intersection point on the monument shall be marked by a copper pin one-fourth of an inch in diameter embedded at least three (3 ) inches in the monument. The top of the monument shall be placed flush with the natural ground or in the event grading is required it shall be placed flush with the finished grade. (b) The description and location of permanent survey reference monuments shall be shown. These shall be other than, and in addition to, markers set for block or lot corners. They shall be of concrete, of the same type as street monuments, and wherever practical, they shall be set so that the top of the monuments will be not less than twelve ( 12) 46 inches below the ground surface after contemplated improvements are completed. ( c) Lot markers shall be metal, concrete or other reasonably permanent material and shall be placed flush with the ground, or countersunk , if necessary , in order to avoid being disturbed. Sec. 24-22. Water and sanitary sewers. Utility easements and water and sewer facilities shall be provided by the subdivider in accordance with the standards and specifications for minimum water and sanitary sewer requirements on file in the Office of the Water Utilities Director for the City of Beaumont. Sec. 24-23. Drainage and storm sewers. The subdivider shall provide for all storm water easements and improvements in accordance with the plans approved by the city engineer. Such plans shall be identical to the plans which were submitted for purposes of approval of the preliminary and final plat. Sec. 24-24. Shade trees in single-family residential districts. As a requirement of subdivision approval, the subdivider shall plant or retain one ( 1 ) shade tree in the required front yard of each lot. Acceptable shade trees shall include oaks, pines, chinese tallows, elms , 47 ginkgos (male preferred) , sycamore, or other similar native shade tree species. Such trees shall be a minimum of six (6 ) feet in height immediately upon planting and have a two (2 ) inch caliper measured eighteen ( 18) inches from the ground. 48 ARTICLE IV. ASSURANCE FOR COMPLETION OF IMPROVEMENTS. Sec. 24-25 . Completion of improvements. Before the final plat is signed by the Chairman of the Planning Commission and filed by the Secretary of the Planning Commission, the subdivider shall complete, in a manner satisfactory to the City Engineer, all improve- ments required in these regulations as approved by the Planning Commission. Final plat approval and recordation shall not be granted until the subdivider has dedicated by instrument on the plat all public easements, property , and improvements, free and clear of all liens and encumbrances, and they have been accepted by the City Council . Sec. 24-26 . Alternatives to completion of improvements. In lieu of requiring the completion of all improvements prior to the approval and recording of the final plat, the City Council may , at its discretion, enter into a contract with the subdivider whereby the subdivider shall provide one of the following guarantees: - ( a) The applicant shall post cash, a payment and performance bond, or an irrevocable letter of credit payable to the City of Beaumont in an amount equal to 130% of the estimated cost. This amount shall include the City' s cost of 49 . administering the completion of the improvement in the event the subdivider defaults as provided herein. The security shall be deposited with the City or in escrow with a bank at the option of the City. Such bond or letter of credit shall comply with all statutory requirements and shall be satisfactory to the City Attorney as to form, sufficiency , and manner of execution as set forth in these regulations. The period within which required improvements must be completed shall be specified by the Planning Commission and shall be incorporated in the bond or letter of credit. In those cases where a bond or letter of credit has been posted and the required improvements have not been installed within the terms of the bond or letter of credit, the governmental body may there- upon declare the bond or letter of credit to be in default and require that all of the improvements be installed. (b) If a bank escrow is chosen, or if a letter of credit is submitted, the subdivider shall file with the City an agreement between the bank and the subdivider guaranteeing the following: ( 1 ) That the funds of said escrow account shall be held in trust until released by the City 50 and may not be used or pledged by the subdivider as security in any other matter during that period; ( 2 ) And that in the case of a default on the part of the subdivider, the bank shall immediately make the escrowed funds available to the City for use in the completion of the required improvements. ( c ) When a subdivision is to be developed in several sections, the Planning Commission may , at its discretion, waive the use of a guarantee on the initial section and on each subsequent section, one at a time, provided that such sections may not be larger than fifty ( 50) lots or one-third ( 1/3 ) of the total number of lots in the subdivision, whichever is less. Approval and authorization to record the final plat shall be limited to one section at a time, with the approval and recording of the final plat for each succeeding section being contingent upon completion of all contracted improvements in each preceeding section, and acceptance of these improvements by the local governing body . Completion of the improvements in the final section of the subdivision which shall include at least twenty-f ive ( 25) lots or twenty- 51 five ( 25) percent of all the lots in the subdivision, whichever is less, must be guaranteed through the use of one of the other methods detailed in this section of the ordinance. (d) In those cases where improvement guarantees have been made under the provisions of this section of the ordinance, the amount of the required guaran- tee may be reduced by the City Manager upon acceptance of the dedicated portion of the required improvements. The amount of the reduc- tion shall not exceed the percentage which the newly accepted improvements are of all originally required improvements. In no case, however, shall the guarantee be reduced to less than fifteen ( 15) percent of the original amount. Upon acceptance of the dedication of the final portion of improvements, the City shall authorize the release of the remaining portion of the improvement guarantee. Sec. 24-27 . Deferral or waiver of required improvements. - ( a) The Planning Commission may defer, reduce, or waive at the time of plat approval, subject to appropriate conditions, the provision of any or all such improvements as, in its judgment, are not necessary in the interest of the public health, 52 safety , and general welfare, or which are inappro- priate because of inadequacy or lack of connecting facilities. (b) Whenever it is deemed necessary by the Planning Commission to defer the construction of any improvements required herein because of incom- compatible grades, future planning , inadequate or lack of connecting facilities, or for other reasons, the subdivider shall pay his share of the costs of the future improvements prior to approval and recording of the final plat. In lieu of a cash payment, the subdivider may use one of the other improvement guarantees set forth in Section 24-25 of this ordinance. Sec. 24-28 . (Reserved) 53 a � ARTICLE V. ADMINISTRATION. Sec. 24-29 . Enforcement, violations and penalties, and civil remedies. (a) The provisions of this ordinance shall be administered and enforced by the City Manager or his designate. (b) Any person, firm, corporation or entity that violates or assists in the violation of any of the provisions of this ordinance, or fails to comply with any of the requirements thereof, shall be guilty of a misdemeanor and upon conviction shall be punished as provided for in Section 1-8 of the Code of Ordinances of Beaumont, Texas. Each day such a violation exists shall constitute a separate offense. ( c ) In order to enforce the provisions of this ordinance, the City Attorney is authorized to institute any civil action in the appropriate court upon the prior approval of the City Manager. Sec. 24-30. Variances, exceptions and appeals . ( a) (1 ) Where the Planning Commission finds that extraordinary hardships or practical diffi- culties may result from strict compliance with these regulations or that public 54 r � interest may be served by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured provided that such variances shall not have the effect of nullifying the general intent and purpose of these regulations; and further provided that the Planning Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: ( a) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property . (b) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property . (c) Because of the particular physical sur- roundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished 55 from a mere inconvenience, if the strict terms of these regulations are enforced. (d) The variance will not in any significant way vary the provisions of the zoning ordinance, zoning map, or comprehensive plan. (2 ) In approving variances, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or require- ments of these regulations. (3 ) A petition for any such variance shall be submitted in writing by the applicant at the time when the preliminary plat is filed for the consideration of the Planning Commission or when a final plat is filed for consider- ation of the Planning Commission under the terms of Section 24-3 (8 ) of this code. The petition shall state fully the grounds for the application and all of the facts relied upon by the applicant. ( b) (1 ) Exemptions for lot splits: the requirements of this ordinance shall not apply to the resubdivision of industrial lots, commercial lots, multiple family lots (or portions of 56 such lots) , or condominium or "townhouse" regimes in subdivisions legally platted and filed for record in Jefferson County when the resulting lots meet all the minimum lot area, width, and depth requirements of the zoning ordinance. (2 ) Exemptions from preliminary plat requirements: A preliminary plat shall not be required for the subdivision or resubdivision of a tract of land provided the following conditions exist or have been met: ( a) Each block and subdivided lot fronts upon a dedicated street or a private street or drive previously approved by the Planning Commission. (b) Provisions have been made for all utilities, easements, and improvements, required to serve each block and lot in accordance with the requirements of this chapter. (c) The resulting lots meet the minimum lot area, width, depth and yard regulations for the zoning district in which the property is located; and (d) Existing buildings and structures 57 v located on the lots are in compliance with the fire wall regulations of the building code. Applicants using this exemption from the preliminary plat requirements must submit and obtain approval from the Planning Com- mission for the final plat. Final plats accompanied by written evidence from the various utility agencies and departments that all drainage and utilities easements and improvements are satisfactory shall be submitted not less than three ( 3 ) working days prior to the Planning Commission meeting at which consideration is requested. (3 ) Appeals: Any applicant aggrieved by any order, requirement, decision or determi- nation made by the Secretary of the Planning Commission involving the administration, interpretation and enforcement of this ordinance, may appeal the decision to the Planning Commission. Such appeal shall be made by filing an application setting forth that such decision was improper in whole or in part, and specifying the grounds for the alleged impropriety. 58 Sec. 24-31 . -Application fees. An application processing fee of twenty-five dollars ($25) shall be paid at the time of the filing of an application for preliminary or final approval. For resubdivision or replats involving advertising and public notification of surrounding property owners, an additional application processing fee of one hundred dollars ($100) shall be paid at the time of the filing of the application. Section 3 . That if any section, subsection, sentence, clause or phrase of this ordinance, or the application of same to a particular set of persons or circumstances, should for any reason be held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 4 . All ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only . Section 5 . Any person who violates any provision of this ordinance shall, upon confiction, be punished as provided in Section 1-8 of the Code of Ordinances of Beaumont, Texas. 59 3. September 9, 1983 Council Letter 97 Honorable Mayor and Members of City Council Subject: Execution of Contract with International Association of Fire Fighters The recent arbitration settlement with the local International Association of Fire Fighters has made possible the formal signing of the contract with the Union for 1982-83. The only change to be incorporated within the language of the agreement is: "an eight (8%) percent increase across the board for all fire fighters". Our Legal Department is incorporating this change into the agreement. An authorization for signature of the updated document will be required from Council . It is recommended that Council authorize the City Manager to formally execute the contract in conjunction with Union representatives. Karl Nollenberger City Manager AGAL ITEM NO- R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute the 1982-1983 labor agreement between the City of Beaumont and the International Association of Firefighters , Local 399 . PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 Mayor - 4. September 8, 1983 Council Letter 96 Honorable Mayor and Members of City Council Subject: Dilapidated Structures Hearing Dilapidated structures at five locations are scheduled for consideration at Tuesday's condemnation hearing. The addresses are as follows: 1450 Burt 2750 Concord 2060 Liveoak 2510 Southerland 1599 Pine (rear) Four of the buildings are one-story frame dwellings. The fifth, situated at 1599 Pine Street (rear) is a small shed-like building, believed to have been used at one time for a dwelling. All are vacant. Only one, the dwelling at 2510 Southerland, was found by the City inspectors to be repairable. Attached are inspection reports and staff recommendations on the five build- ings. Karl Nollenberger City Manager September- 13, 1983 CONDEMNATION PROGRAM Location Owner RECOMMENDATION 1. 1450 Burt Leroy Clark Raze within 30 days Georgania Johnson 2. ;2750 Concord Carl I. Johnson Raze within 30 days 3. 2060 Liveoak Rose McQueen Raze within 30 days 4. 2510 Southerland Peter Byrd Raze or repair within 30 days 5. 1599 Pine (Rear) D.H. O'Fiel Raze within 30 days 1 DANGEROUS STRUCTURES 1 PHYSICAL DESCRIPTION OF PROPERTY:-- RE: . 1450 Burt PROPERTY OWNER: Leroy Clark Georgania Johnson 1786 Carroll St. 2716 Kitchner Beaumont, Texas 77701 Beaumont, Texas 77703 LEGAL DESCRIPTION OF PROPERTY: Plat H Tract 45 out of 29 D.Brown Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 12 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. -Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroof building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced cei ing foists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash & debris from building. Remove trash, weeds & debris from yard. Replace damage doors. Provi a scuttle hole. Provide x crawl-hole to under floor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: June 15, 1983 and August 16, 1983 ABATEMENT DATE: July 18, 1983 PUBLIC HEARING NOTIFICATION: August 16, 1983 OWNERSHIP VERIFICATION: August 16, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 4 2 DANGEROUS STRUCTURES 1 PHYSICAL DESCRIPTION OF PROPERTY: RE: 2750 Concord ' PROPERTY OWNER: Carl I. Johnson 1071 N. Bowie Jasper, Texas 75951 LEGAL DESCRIPTION OF PROPERTY: Plat D-1 Tract 32 out of T-20 A. Williams Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 18 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. eroo building. R ep ace rotten roof s eathing. Bring building to plum . e lace front-- rear pore es. Replace -front - Year steps. Replace rotten interior walls. ring ceiling to required heights. Header required, opening .Rep ace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace sp11ced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash debris Trom building. Remove trash, weeds 4debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under flo or. emove ire damage. Replace - Repair damaged windows. NOTIFICATIONS: June 23, 1983 and August 16, 1983 ABATEMENT DATE: July 26, 1983 PUBLIC HEARING NOTIFICATION: August 16, 1983 OWNERSHIP VERIFICATION: August 16, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 3 DANGEROUS STRUCTURES 1 PHYSICAL DESCRIPTION-OF-PROPERTY:-- RE: 2060 Liveoak PROPERTY OWNER: Rose McQueen 8133 Chappel Chicago, I11. 60616 LEGAL DESCRIPTION OF PROPERTY: Plat D-11 Tract Pt. T-34 A. Williams Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 25 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct 6V__.1_Spanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned loor foists. Level loors. Re lace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall—d ash exterior openings. Correct roof sag Reroo uilain . Re lace rotten roo s eat 1n . ring uilding to plum Replace ront - rear porc es. Ke lace ront - rear steps. Re lace rotten interior wa s. ........... ring cei ling to require eights. Hea er require , openings. Replace rotten ce: ing. orrect ceiling sa joists. Replace spliced ceiling Fo ists. g g• orrect overspanned ceiling overspanned rafters. Replace spliced rafters.acReplacenrottennrafterss� Furnish Correct required plumbing. Furnish required wiring. Remove tras Remove tras wee s $ e ris ar a ris rom building. hole. Provide 18" x 24" crawl- o e to-under 1floor aRemoveofire damage. scuttl - Repair damaged windows. Replace NOTIFICATIONS: June 2, 1983 and August 16, 1983 ---------IONS ABATEMENT DATE: July 7, 1983 PUBLIC HEARING NOTIFICATION: August 16, 1983 OWNERSHIP VERIFICATION: August 16, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze within 30 days 4 DANGEROUS STRUCTURES 1 PHYSICAL DESCRIPTION OF PROPERTY: RE: 2510 Southerland PROPERTY OWNER: Peter Byrd 5880 Tangledahl Beaumont, Texas 77706 LEGAL DESCRIPTION OF PROPERTY: Lot 1 Block 17 Booker Hts. OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 7 ground. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten-Tloor foists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall Flash exterior openings. Correct roof sag, Keroot building. Replace rotten roof sheathing. Bring building to plumb. Replace front - rear porches. Replace front - rear steps. Replace rotten interior walls. ring ce ling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove trash, weeds $ debris from yard. Replace dam-a—ge-T7oors. Prove e scuttle hole. Provide 18" x 2411 craw - o e to un er floor. Remove ire damage. Replace - Repair damaged windows. NOTIFICATIONS: June 16, 1983 and August 16, 1983 ABATEMENT DATE: July 19, 1983 PUBLIC HEARING NOTIFICATION: July 19, 1983 OWNERSHIP VERIFICATION: August 16, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION: Raze or repair within 30 days 5 DANGEROUS STRUCTURES PHYSICAL DESCRIPTION OF PROPERTY: RE: 1599 -Pine (Rear) PROPERTY OWNER: D.H. O'Fiel P.O. Box 4031 Beaumont, Texas 77704 LEGAL DESCRIPTION OF PROPERTY: Plat - V Tract - 33 J. Drake Survey OCCUPIED BY: Vacant SPECIFIC CODE PROVISION VIOLATED: Article III, Section 14-50 and 14-51 of the Code of Ordinances for the City of Beaumont VIOLATIONS--SPECIFIC DESCRIPTIONS: Provide minimum clearance from floor joists to 19 round. Replace rotten posts. Replace rotten sills. Replace spliced sills. Correct overspanned sills. Replace rotten floor joists. Replace spliced floor joists. Correct overspanned floor joists. Level floors. Replace rotten flooring. Repair holes in floor. Replace rotten material in exterior wall. Flash exterior openings. Correct roof sag. Reroo buil ing. Replace rotten roof sheathing. Bring uilding to plumb. Replace front - rear porches. Replace front - rear steps. dace rotten interior walls. Bring ceiling to required heights. Header required, openings. Replace rotten ceiling. Correct ceiling sag. Correct overspanned ceiling joists. Replace spliced ceiling joists. Replace rotten ceiling joists. Correct overspanned rafters. Replace spliced rafters. Replace rotten rafters. Furnish required plumbing. Furnish required wiring. Remove trash $ debris from building. Remove tras wee s $ debris from yard. Replace damaged doors. Provide scuttle hole. Provide 18" x 24" crawl-hole to under loor. Remove fire damage. Replace - Repair damaged windows. NOTIFICATIONS: June 27, 1983 and August 24, 1983 ABATEMENT DATE: _ July 29, 1983 PUBLIC HEARING NOTIFICATION: August 24, 1983 OWNERSHIP VERIFICATION: August 24, 1983 RECOMMENDATION - URBAN REHABILITATION DIVISION• Raze within 30 days NO ORDINANCE NO. ENTITLED AN ORDINANCE FINDING CERTAIN STRUCTURES TO BE PUBLIC NUISANCES, AND ORDERING REPAIR OR DEMOLITION; PROVIDING A PENALTY ; AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1 . That the City Council of the City of Beaumont hereby finds and declares the building located at: 1450 Burt 2750 Concord 2060 Liveoak 2510 Southerland each to be a public nuisance in that said building violates Chapter 14 , Section 14-50 of the Code of Ordinances of the City of Beaumont and is for want of repairs, or by reason of age or dilapidated condition, likely to cause or promote fires that would endanger persons or property . Section 2 . In accordance with Article XVII, Section 2 , of the Charter of the City of Beaumont, Sections 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described building either repair or demolish and remove said structures within thirty ( 30) days of the date of the passage of this ordinance: 2510 Southerland If such action is not taken, the owners of said buildings shall be deemed guilty of a misdemeanor and said buildings shall be demolished and removed at the expense of the City of Beaumont on the account of the owner thereof and such expense shall be assessed as a special tax against the property upon which said buildings are situated and a lien shall exist for such special tax, which lien shall be foreclosed and said expense be recovered by the City of Beaumont as in the case of any other debt and lien in favor of the City of Beaumont. Section 3 . In accordance with Article XVII, Section 2 , of the Charter of the City of Beaumont, Sections 10-2 and 14-52 of the Code of Ordinances of Beaumont, Texas and Section 103.4 of the Standard Building Code, it is hereby ordered that the owner or owners of the following described buildings demolish and remove said structures within 30 days of the date of the passage of this ordinance: 1450 Burt 2750 Concord 2060 Liveoak If such action is not taken, the owners of said buildings shall be deemed guilty of a misdemeanor and said buildings shall be demolished and removed at the expense of the City of Beaumont on the account of the owner thereof and such expense shall be assessed as a special tax against the property upon which said buildings are situated and a lien shall exist for such special tax, which lien shall be foreclosed and said expense be recovered by the City of Beaumont as in the case of any other debt and lien in favor of the City of Beaumont. Section 4 . 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 2 - invalid , such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. Section 5 . 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 this the day of 19 - Mayor - 3 - CONSENT AGENDA SEPTEMBER 13, 1983 * Approval of Minutes. a. A resolution granting pipeline easements to Big Three Industries and Shell Oil Company. b. A resolution making committee appointments. a. September 7, 1983 Council Letter 93 Honorable Mayor and Members of City Council Subject: Pipeline Crossing Permits , Applications have been filed by Big Three Industries and Shell Oil Company for permits to construct and maintain pipelines across Spindletop Road in the vicinity of the PPG Industries Plant. The Big Three Industries applica- tion is for a 12-inch oxygen pipeline which would cross Spindletop Road at a point about 39.7 feet west of the KCS tracks. The Shell application is for a six-inch ethylene pipeline which would cross at a point about 38 feet west of the tracks. Both lines would be laid to the PPG Industries Plant from existing lines south of Spindletop Road. 'The permit fee would be $24.55 for each line, based on $1 per foot of line within the City's right-of-way. Although the Spindletop Road right-of-way is approximately 50 feet wide, only half belongs to the City - the north half, which lies within the City limits. The half which lies south of the center- line is outside the City and belongs to Jefferson County. Construction would begin on the lines in about one month. It is recommended that the permits be granted. Karl Nollenberger City Manager R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby , authorized to execute a permit to Shell Oil Company for the construction of a pipeline crossing Spindletop Road. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a permit to Big Three Industries for the construction of a pipeline crossing Spindletop Road. PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of , 19 Mayor - b. September 8, 1983 Council Letter 94 Honorable Mayor and Members of City Council Subject: Committee Appointments Mayor Pro Tem Lord has nominated Bill Hale for appointment to the Transit Advisory Committee to serve out the unexpired term of David Strah through ,June 30, 1984. Councilman Turner has nominated Burt Walker for reappointment to the CDBG Citizens Advisory Committee for a term through May 31, 1985. It is recommended that the Council adopt a resolution making the appointment and reappointment. hL Karl Nollenberger City Manager AGEND RTEK Na R E S O L U T I O N BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments and reappointments be made: Expiration Appointments Commission Reappointments of Terms Bill Hale Transit Advisory 6/30/84 CDBG Citizens Burt Walker 5/31/85 Advisory PASSED BY THE CITY COUNCIL of the City of Beaumont this the day of 19 - Mayor - WORK SESSION AGENDA SEPTEMBER 13., 1983 CITY COUNCIL CHAMBERS 1. Discussion of budget. CALENDAR * Saturday, September 10 - Willow Creek Country Club (MAYOR & MRS. NEILD) 12:30 P.M. - Luncheon - Celebrate "Constitution Week" (Mrs. Clare Benckenstein) * Sunday, September 11 - College Street Nursing Center; 4150 College 11:30-1:30 P.M. - Luncheon - "National Grandparents Day" (Diane Hidalgo) * Monday, September 12 - Rockford's (Formerly Rummi 's) 8:00 A.M. - Grand Opening - Ribbon Cutting Ceremonies Sit-down breakfast 3: 15 P.M. - Council Chambers Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) Tuesday, September 13 - Council Chambers 1:15 P.M. - Council Meeting, followed by Work Session * Wednesday, September 14 - CASA Office 4:00 P.M. - "PEP" Meeting * MAYOR CALENDAR Page 2 * Thursday, September 15 - Austin Middle School Office 8:30 A.M. - Speak to American Civics Class (Teacher - Mrs. Washington; Student - Michelle Swain) ** 12:00 Noon - Police Station "Crime Stoppers" Meeting * 4:30 P.M. - Meeting 6:30 P.M. - Gray Library; Lamar University Land Manor Annual Dinner Meeting 6:30 P.M. - Seven Oaks Restaurant; Highway 59 TML Region 16 Meeting (City of Seven Oaks is Host) Friday, September 16 - Upjohn Health Care Services; 2929 Calder 11:00 A.M.-2:00 P.M. - Celebration of first Ida Mae Hebert Award, presented by Texas Association of Home Health Agencies 1:00-3:00 P.M. - Best Years Center Volunteers' Luncheon (Mayor will speak on "Volunteerism" and present Certificates to Volunteers) (Jeanne Harris) 7:00-12:00 Midnight - Old Gladys City (HARVEST CLUB IN CASE OF RAIN) Spindletop Boom Days - "Drillers Stomp" Monday, September 19 - Council Chambers 3: 15 P.M. - Joint Planning & Zoning Public Hearing (COUNCIL QUORUM REQUIRED) * MAYOR ** COUNCILMAN TURNER b. September 14, 1983 Council Letter 99 Honorable Mayor and Members of City Council Subject: Completed Demolition Contract Ace Clark Construction Company has completed a $700 contract for the demoli- tion of a condemned dilapidated structure at 1180 Sherman. Inspections have been made to ascertain that all contract requirements have been met. It is recommended that the Council adopt a resolution accepting the work and authorizing payment in the amount of $700. Karl Nollenberger City Manager R E S O L U T I O N WHEREAS, on August 16, 1983 the City of Beaumont awarded a contract to Ace Clark Construction Co. in the amount of $ 700.00 for demolition of the structure at 1180 Sherman; and, WHEREAS, the project has been completed in accordance with the plans and specifications; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT demolition of the structure at 1180 Sherman is hereby accepted b:y the City of Beaumont and that the City Manager be, and he is hereby , authorized to make final payment to Ace Clark Construction Co . in the amount of $ 700.00. PASSED BY THE CITY COUNCIL of the City of Beaumont this the _ day of 19 Mayor -