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HomeMy WebLinkAboutPACKET JUN 05 2007 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 5, 2007 1:30 P.M. CONSENT AGENDA * Approval of minutes * Confirmation of committee appointments A) Authorize the City of Beaumont to enter into an agreement with The Beaumont Enterprise for production of the 2007-2008 regional visitor's guide B) Approve the purchase and installation of a security card access system upgrade at the Police Department C) Approve the sale of City-owned surplus property D) Authorize the settlement of the claim of Glenn McNeel vs. The City of Beaumont E) Authorize the settlement of the claim of Beaumont Independent School District A u7t! City Council Agenda Item M TO: City Council FROM: Kyle Hayes, City Manager '� r PREPARED BY: Dean Conwell, Executive Directorlr Beaumont Convention&Visitor's Bureau MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 30, 2007 REQUESTED ACTION: Consider authorizing the City of Beaumont to enter into an agreement with The Beaumont Enterprise for production of the 2007-2008 regional visitor's guide. RECOMMENDATION Administration recommends approval for the City of Beaumont to enter into an agreement with The Beaumont Enterprise for production of the 2007-2008 regional visitor's guide. BACKGROUND The Convention&Visitor's Bureaus of Beaumont,Port Arthur,Nederland,Port Neches and Groves, along with the Beaumont Enterprise,have collaborated together to promote tourism in the area,by developing the regional visitor's guide. The magazine is distributed throughout the state,region and cities, in an effort to promote tourism in Jefferson County. The 88 page visitor's guide is a free publication, consisting of information on museums, attractions, lodging, dining, shopping, and annual events in our area. The Jefferson County Tourism Council has agreed to provide grant monies in the sum of $90,000, to offset production costs for 150,000 magazines. City Council authorized approval to receive those grant monies during the May 29, 2007 meeting in Council Chambers. The Beaumont Enterprise is responsible for advertising content, original articles, fact- checking lists, copy editing, proofreading, design and photography. BUDGETARYIMPACT None. MAY-31-2007 09 :59 AM BEACH*FAX P. 02 Visitor's Guide Magazine Agreement This is an agreement entered into this 2nd day of March 2007,between The Beaumont Enterprise and The City of Beaumont. The terms of this agreement am as follows: The Beaumont Enterprise agrees to provide the Beaumont and Port Arthur Convention and Visitors Bureaus with the 2007-2008 issue of"The Official Regional Visitors' Guide of Southeast Texas"magazine to publish June,2007. The Beaumont Enterprise is responsible for: A. Production of the magazine • Dedicated project leader • Original articles,update existing content,information lists,edit and proofreading • Arrange staged and stock photography(may require releases) • Appealing graphic design • Advertising content • Print management with status reports • Online presence The Convention and Visitor's Bureau will be responsible for: A. Current event schedule B. Selection of feature stories C. Selection of attraction content D. Online link from www.beaum_ordcv_b.com directing visitors to the Beaumont Enterprise's website. The two entities will work together on graphic design, photography options, and overall appeal of the piece. The Beaumont & Port Arthur CVB will have final approval of all content that will appear in the regional visitor's guide. The Beaumont & Port Arthur CVB will be granted non- transferable rights indefinitely to use stories, photography(possible releases required) and maps with proper credits from the Regional Visitors' Guide for in-house printed materials. There will be 150,000 pieces printed with an ad to editorial ratio not to exceed 40%and pages not to exceed 88 total pages for the magazine. The City of Beaumont agrees to the above services for$89,000. The price may vary if quantity, page count, freight, or proofing charges occur beyond expectation. The prices are based on current paper cost and availability as of this date and are subject to change. The Beaumont Enterprise CITY OF BEAUMONT alas The Beaumont Enterprise RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement between the City of Beaumont and The Beaumont Enterprise for production of the 2007 - 2008 regional visitor's guide. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - B City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Office(/ MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 30, 2007 REQUESTED ACTION: Council consider the purchase and installation of a security card access system upgrade at the Police Department. RECOMMENDATION Administration recommends the purchase and installation of a security card access system upgrade at the Police Department from SecureNet, Inc. of Houston in the amount of$41,907.92. BACKGROUND In August of 2005,the Police Department's closed circuit surveillance camera and recording system was replaced with an Open Options security management system. The Open Options system is a fully upgradable system that utilizes photo ID card readers and Windows-based access control software. SecureNet, Inc. of Houston installed the system which included the control access software, sub-controllers, card readers, a photo badging ID system, and upgraded door locks. The system upgrade under consideration includes the installation of twelve (12) new card readers located at doors throughout the main Police facility that are in addition to the card readers installed in 2005. The total cost of $41,907.92 includes all the associated door hardware and controller components to fully upgrade the system. This upgrade is exempt from competitive bidding since it is available from only one (1) source having exclusive rights to maintain or modify the Open Options system previously installed. BUDGETARYIMPACT Funding in the amount of$41,907.92 is available from the Department of Homeland Security Law Enforcement Terrorism Prevention Program (LETPP) Grant which requires no matching funds. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the purchase and installation of a security card access system upgrade at the Police Department from SecureNet, Inc., Houston, Texas, in the amount of$41,907.92. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - c City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Max S. Duplant, Chief Financial Officer MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 30, 2007 REQUESTED ACTION: Consider approving the sale of City-owned surplus property. RECOMMENDATION Administration recommends the sale of two (2) parcels of City-owned surplus property, located at 740 Jackson Street and 2270 Gulf Street, to Lisa Spencer for $400 and Lee and Geneva Coleman for $1,500, respectively. BACKGROUND Bids were received Thursday, May 17, 2007 for the sale of City-owned surplus property. The apparent high bidder withdrew his bid on 740 Jackson Street. The description and the bidders for the properties are listed below: Parcel No. 1 Address: 740 Jackson Street Legal: City Plat F, Tract 12 West 14 feet, D. Brown Survey Zoning: RM-H Residential Multi-Family Dwelling Acreage: 0.0383 acre (14' X 119.35') The bids received are listed below: Bidder Amount Bid Exxon Mobil Oil Corporation $10,150.00 Lisa Spencer $400.00 Clinon Kyle & Shirley M. Cathey $10.00 Sale of Surplus Property May 30, 2007 Page 2 Parcel No. 2 Address: 2270 Gulf Street Legal: Remainder of Lots 3 & 4, Block 27, McFaddin Heights Addition Zoning: GC-MD General Commercial Multi-Family Dwelling Acreage: 0.201 acre "RETAIN EXCLUSIVE 10' WATER LINE EASEMENT, NO STRUCTURES WITHIN EASEMENT" Bidder Amount Bid Lee & Geneva Coleman $1,500.00 Perry Gregory $509.00 Shirley M. Cathey & Clinon Kyle $300.00 Both parcels were acquired through right-of-way acquisition. They became surplus property after being left over from street projects. BUDGETARY IMPACT Payments to the City for this property totaling $1,900 will be deposited in the General Fund. RESOLUTION NO. WHEREAS, on May 17, 2007, the City of Beaumont received bids for the sale of City-owned surplus property; and WHEREAS, the City of Beaumont received bids from the following bidders in the amounts shown: PURCHASER: Lisa Spencer AMOUNT: $400.00 Parcel No. 1 Address: 740 Jackson Street Legal: City Plat F, Tract 12 West 14 feet, D. Brown Survey Zoning: RM-H Residential Multi-Family Dwelling PURCHASER: Lee and Geneva Coleman AMOUNT: $1,500.00 Parcel No. 2 Address: 2270 Gulf Street Legal: Remainder of Lots 3 & 4, Block 27, McFaddin Heights Addition Zoning: GC-MD General Commercial Multi-Family Dwelling **RETAIN EXCLUSIVE 10'WATER LINE EASEMENT,NO STRUCTURES WITHIN EASEMENT** and, WHEREAS, the land is no longer needed for the use of citizens as a road, nor does it have a potential for park, conservation, recreation or similar purposes; and, WHEREAS, the City of Beaumont wishes to sell the above properties as shown; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Special Warranty Deeds for the sale of the above-described properties as shown. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007 - Mayor Becky Ames - D City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Kyle Thomas, Senior Assistant City Attorney MEETING DATE: June 5, 2007 AGENDA MEMO DATE: June 1, 2007 REQUESTED ACTION: Consider a resolution authorizing the settlement of the claim of Glenn McNeel vs. The City of Beaumont. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim brought in the lawsuit Glenn McNeel v. City of Beaumont, in the amount of$75,000. BACKGROUND Council discussed this lawsuit in an Executive Session held on March 20, 2007. BUDGETARY IMPACT There are sufficient funds in the General Liability Fund to pay the sum above. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Attorney. RESOLUTION NO. WHEREAS, the claim of Glenn McNeel vs. The City of Beaumont, was discussed in an Executive Session properly called and held Tuesday, March 20, 2007; and, WHEREAS, the Council desires to authorize the settlement of the claim in the lawsuit styled Glenn McNeel vs. The City of Beaumont; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the claim in the lawsuit styled Glenn McNeel vs. The City of Beaumont for the sum of$75,000. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - E City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Matt Martin, Liability Administrator MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 30, 2007 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the claim of Beaumont Independent School District. RECOMMENDATION Council approval of a resolution authorizing the settlement of the claim of Beaumont Independent School District. BACKGROUND Council discussed the settlement of this claim in Executive Session on May 29, 2007. Recommended by City Manager and City Attorney. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount as shown: TASB Risk Management Fund, as Subrogee of Insured, Beaumont Independent School District $30,330.33 RESOLUTION NO. WHEREAS,the claim of Beaumont Independent School District has been discussed in an Executive Session properly called and held Tuesday, May 29, 2007; and,. WHEREAS, the Council desires to authorize the settlement of the claim;. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be and he is hereby authorized to settle the claim of Beaumont Independent School District in the amount of Thirty-Thousand Three-Hundred Thirty and 33/100 Dollars ($30,330.33). PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - �r L U City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS JUNE 5, 2007 1:30 P.M. AGENDA CALL TO ORDER * Invocation Pledge Roll Call RE-CANVASSING THE RESULTS OF THE MAY 12, 2007 CITY GENERAL ELECTION AND RECOUNT * Consider approval of an ordinance re-canvassing the results of the May 12, 2007 City General Election and canvassing the recount held May 29, 2007 relating to the Ward IV Election * Administration of the oath of office * Recess RECONVENE MEETING * Presentations and Recognition * Public Comment: Persons may speak on scheduled agenda items 1 and 2/Consent Agenda * Consent Agenda GENERAL BUSINESS 1. Consider amending Chapter 23 of the Code of Ordinances related to streets and sidewalks 2. Consider amending Chapter 25 of the Code of Ordinances related to taxation and finance 3. Consider approving a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line on Cunningham Street 4. Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial)District at 145 E. Alma and 3280 Shannon 5. Consider approving a request for a zone change from A-R(Agricultural- Residential)District to RS (Residential Single Family Dwelling)District for property located west of Dowlen Road, north of Barrington Heights Addition 6. Consider approving a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial)District at 3655 Highland 7. Consider approving a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization)District at 1619 Park 8. Consider approving a request for the removal of a lot out of the Oaks Historic District at 2335 Calder COMMENTS * Councilmembers/City Manager comment on various matters * Public Comment (Persons are limited to 3 minutes) 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. June 5, 2007 Consider approval of an ordinance re-canvassing the results of the May 12, 2007 City General Election and canvassing the recount held May 29, 2007 relating to the Ward IV Election ...... City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tina Broussard, Interim City Clerk MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 30, 2007 REQUESTED ACTION: Council consider approving an Ordinance amending Ordinance No.07-056 to re-canvass the results of the General Election of the City of Beaumont held jointly with Jefferson County, on the 12`'' day of May, 2007, and to canvass the recount of votes cast for Ward IV Councilmember RECOMMENDATION Administration recommends amending Ordinance No. 07-056 to re-canvass the results of the May 12,2007 General Election held jointly with Jefferson County,for Mayor,two(2)Councilmembers- At-Large, four(4)Councilmembers for Wards I,II, III and IV, a proposition authorizing the sale of Hebert Park, Maple/Oakland Park and a Portion of Pipkin Park and to canvass the results of the recount of votes cast for Ward IV Councilmember. BACKGROUND A manual count of the constitutional amendment elections from three precincts revealed that test votes were not deleted from the voting machines before the election began. The test votes were removed from the final totals given on election night causing the final votes to change;however this did not affect any of the election outcomes. The change in vote totals does require the election results to be re-canvassed. The Election Code, Section 213.033, states that as soon as practical after completion of a recount that changes the number of votes received for a particular candidate or for or against a measure,the canvassing authority shall conduct a canvass for the office or measure involved using the recount committee's report, instead of the original precinct election results, for each precinct in which a recount was conducted. The recount of the votes cast in Ward IV resulted in a change of four(4)votes making it necessary to conduct a new canvass of votes for the office of Ward IV Councilmember. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING ORDINANCE NO. 07-056 CANVASSING THE RESULTS OF THE GENERAL ELECTION OF THE CITY OF BEAUMONT HELD JOINTLY WITH JEFFERSON COUNTY, ON THE 12TH DAY OF MAY, 2007, FOR THE PURPOSE OF ELECTING A MAYOR, TWO COUNCILMEMBERS-AT-LARGE, COUNCILMEMBERS WARDS I, II, III AND IV; A PARK PROPOSITION AUTHORIZING THE SALE OF HEBERT PARK,MAPLE/OAKLAND PARKAND A PORTION OF PIPKIN PARK; AND TO CANVASS A RECOUNT OF VOTES CAST FOR WARD IV COUNCILMEMBER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR REPEAL. WHEREAS, the City Council by Ordinance No. 07-056 dated May 22, 2007 duly canvassed the votes of the General Election held on May 12, 2007 for the City officials for the office of Mayor; Officials for the offices of Councilmember-At-Large, Officials for the offices of Councilmember Wards I, II, III and IV; and WHEREAS, a manual count of the votes cast revealed that the election returns of the votes canvassed included test votes which were not deleted before the election began; and WHEREAS,the removal of the test votes resulted in a change to the final vote totals canvassed on May 22, 2007 which necessitates an amendment to the canvassing ordinance to reflect the corrected totals; and WHEREAS, after duly re-canvassing said returns, the City Council finds that Ordinance 07-056 should be amended to reflect that the votes cast at said election for the candidates for said offices are as follows: Office of Mayor: Votes Percentage Becky Ames 7,314 51.65% Fanniece Hawkins 6,615 46.71% Charlie Bennett, Jr. 233 1.65% Office of Councilmember at Large: Charlie Foxworth 6,017 27.11% Gethrel "Get" Williams Wright 6,152 27.72% Allen Lee 1,408 6.34% Delores Davis 717 3.23% Leroy Lewis III 426 1.92% Dean L. Tucker 282 1.27% Ernest "Bruce" Hendrix, Jr. 946 4.26% W.L. Pate, Jr. 6,244 28.14% Councilmember Ward I: Martha "Marty" Craig 1,270 31.53% Alan Coleman 1,871 46.45% Randall D. Collins 887 22.02% Councilmember Ward ll: Nancy Beaulieu 4,317 100.00% Councilmember Ward III: Celestine Harris 265 14.50% Audwin Samuel 1,563 85.50% Councilmember Ward IV: Jamie Smith 1,583 59.87% Bobbie J. Patterson 1,061 40.13% Park Propositions for the Sale of: Hebert Park For the Sale 8,438 68.22% Against the Sale 3,930 31.78% Oakland/Maple Park For the Sale 8,539 70.41% Against the Sale 3,588 29.59% Pipkin Park For the Sale 7,840 63.23% Against the Sale 4,559 36.77% WHEREAS, no candidate for Councilmember Ward I received the necessary votes required by Charter to be elected, a run-off election is required. WHEREAS, a recount of the vote count of the Ward IV election had been requested and conducted, the City Council finds after duly canvassing the recounted votes, that the recounted votes cast at said election for the candidates for said office are as follows: Counncilmember Ward IV Jamie Smith 1,583 59.87% Bobbie J. Patterson 1,061 40.13% NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance No. 07-056 shall be amended to reflect that the votes shall be amended to reflect that the votes cast at the May 12, 2007 general election as are as stated herein above. Section 2. That the new canvass of the results of the said General City election be and the same are hereby declared to have been as set out herein, and the following named persons were elected to the respective positions subject to the taking of their oaths of office as provided by the laws of the State of Texas and further, that the results for the authorization of the sale of the various parks is as follows: For Mayor: Becky Ames For Councilmember-At-Large: Gethrel `Get' Williams-Wright For Councilmember-At-Large: W.L. Pate, Jr. For Councilmember Ward II: Nancy Beaulieu For Councilmember Ward III: Audwin M. Samuel For Councilmember Ward IV: Jamie Smith Park Sale Proposition Hebert Park - Authorized Oakland/Maple Park - Authorized Pipkin Park - Authorized 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 or adjudged unconstitutional by a court of competent jurisdiction, such invalidity shall not affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable;and the City Council of the City of Beaumont, Texas, declares it would have passed each and every part of the same notwithstanding the omission of any such part thus declared to be invalid or unconstitutional, or whether there by one or more parts. Section 4. That all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - 1 June 5, 2007 Consider amending Chapter 23 of the Code of Ordinances related to streets and sidewalks m City Council Agenda Item S c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 29, 2007 REQUESTED ACTION: Council consider amendments to Chapter 23 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 23 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 23, related to streets and sidewalks, were provided to the City Council for review. Following the plan, Chapter 23 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 23 STREETS AND SIDEWALKS* *Cross references: Heliports and helistops, § 2 1/4-21 et seq.; prohibition against accumulating garbage, trash and refuse on the streets, § 13-2 et seq.; lighting of streets and railroad crossings, §22-40; maintenance and repair of streets by railroad companies, § 22-41 et seq.; construction and reconstruction of streets by railroad companies, § 22-47 et seq.; traffic regulations, Ch. 26; zoning, Ch. 30. State law references: For authority relevant to streets, see VTCS, Arts. 1105a, 1107, 1109b, 1175 (12, 16, 18), 6556. Art. 1. In General,§§23-1--23-39 Art. II. Sidewalk and Driveway Construction and Maintenance,§§23-40--23-56 Art. III. Excavations,Cuttings or Tunnelings, §§23-57--23-82 Art. IV. Reserved,§§23-83,23-84 Art.V. Skating and Skateboarding upon Certain Municipally Owned Property,§23-85 ARTICLE 1. IN GENERAL Sec. 23-1. Street map adopted. The map of the city heretofore prepared by the engineering office of the city and presented to the city council for its approval and adoption, is hereby adopted as the official map of the city; and the streets shall henceforth be named as reflected in such map until otherwise changed by the city council. (Code 1958, § 33-1) Sec. 23-2. Building numbering--Prohibiting unmarked or incorrect number. It shall be unlawful for any person who owns a residence, business, house or other building in this city, or for any person who resides in a residence in this city, to fail to number such building with a plain and visible house number, or to fail to number such building correctly, so that the number of the same conforms to the plan adopted by the city. Proof of a culpable mental state, as defined in Chapter 6 of the Texas Penal Code, is not required to prove a violation of this section. (Code 1958, § 33-39; Ord. No. 92-42, § 1, 5-5-92) Sec. 23-3. Same--Violation; penalty. Every person who violates the provisions of section 23-2 shall be guilty of a misdemeanor and shall be punished as provided in section 1-8 of this Code, provided, however, that the court in its discretion may dismiss said violation if the defendant presents the court photographic or other compelling evidence that the building has subsequently been brought into compliance with section 23-2. For each dismissal under this section, the court may assess a fee not to exceed ten dollars ($10.00). (Code 1958, § 33-40; Ord. No. 92-42, § 1, 5-5-92) Sec. 23-4. Laying out streets and fixing bounds by city engineer. It shall be the duty of the city engineer to survey and lay off the several streets of the city, and fix the bounds and limits between the sidewalks and the streets. (Code 1958, § 33-3) Sec. 23-5. Official street and highway plan. The official street and highway plan for the adequate development of arterial and collector streets in the city , is hereby incorporated into and made a part of this section by reference, and shall be on file in the office of the city clerk; provided, however, that nothing herein shall be construed to affect the adoption of the official map of the city, which ordinance of adoption is codified in section 23-1, or to affect the incorporation of the zoning map of the city, which adoption of said zoning map is codified in section 30-4. (Code 1958, § 42-43) Sec. 23-6. Street lines not to be changed. In no case shall the existing lines of streets and sidewalks be changed or altered, except upon survey by the city engineer. (Code 1958, § 33-11) GGRr,tFWGti9n sperifiGations dated F919FUaFy 4, 1972, with ameRdMeRW dated Fm9bFUaFy Sec. 23-8. Reserved. Editor's note: Ord. No. 83-95, § 1, adopted Sept. 13, 1983, repealed former§23-8 relative to general standards for street construction as derived from the 1958 Code, § 42-45 and Ord. No. 82-74, § 1, adopted July 20, 1982. Sec. 23-9. Conformance to plan and standards in construction of streets. All streets within the city and those within the extraterritorial jurisdiction of the city shall be constructed or reconstructed in accordance with the official street and highway plan of the city, the official street construction standards of the city, and the official street construction specifications of the city. However, reduction in the right-of-way widths as established by the official street and highway plan of the city may be approved by the city manager based on engineering considerations related to existing structures and land development. (Code 1958, § 42-46; Ord. No. 82-74, § 2, 7-20-82; Ord. No. 84-142, § 1, 10-23-84) an"Antor r,,#99t6shall be roffixty (69) feet in width. The pavemen ;.Aiudth of lon I stFeets shall be tweRty eight (28) feet fre.m. f-ma-e- tefiaw of (GFd Ne 77_28 RR i O 4_5_774 Secs. 23-10, 23-10.1. Reserved. Editor's note: Sections 23-10 and 23-10.1 have been deleted from the Code as being superseded by the provisions in §24-19, which derived from Ord. No. 93-95, §2, adopted September 13, 1983. Former§23-10 pertained to street light requirements and specifications and derived from the Code of 1958, §§ 42-47, 42-48; Ord. No. 75-66, adopted October 21, 1975, and Ord. No. 77-9, adopted January 18, 1977. Former §23- 10.1 pertained to payment of costs and charges for streetlights and derived from the Code of 1958, § 42-49; and Ord. No. 77-9, adopted January 18, 1977. Sec. 23-11. Reserved. Editor's note: Ord. No. 82-124, § 1, adopted Oct. 12, 1982, amended the Code by repealing §23-11 which pertained to the general program and policy of the residential paving assessment. Such section had been derived from Ord. No. 73-72, § 1, adopted Dec. 10, 1973; Ord. No. 75-39, §§ 1, 2, adopted June 3, 1975; Ord. No. 77-18, §§ 1, 2, adopted Feb. 22, 1977; and Ord. No. 80-7, § 1, adopted Jan. 29, 1980. Sec. 23-12. Interference with pavement. It shall be unlawful for any person to interfere with, or alter in any manner, any public sidewalk or street pavement, unless he shall have first obtained a permit from the city engineer. (Code 1958, § 33-31) Sec. 23-13. Removal of material from street. It shall be unlawful for any person to remove any street construction materials, articles or substances placed on any street of the city. It shall be unlawful for any person to remove any sand, earth or paving material from any street, alley or public grounds in the city except when the same is done under contract with the city or by special permit. (Code 1958, § 33-38) Sec. 23-14. Malicious injury to sidewalk or driveway. It shall be unlawful for any person to willfully or maliciously tear up, injure, deface or destroy any sidewalk or driveway or any portion thereof in the public right-of-way. (Code 1958, § 33-32) Sec. 23-15. Cutting surface of street—Restoration required. When any part of any street, avenue or alley, or other public place, in this city, shall be torn, dug up or taken up for any purpose, the person doing the same shall, upon completion of the work, and as fast as practicable during the accomplishment thereof, return the earth and ram and puddle the same to a firm and solid bearing, and in such manner as will entirely prevent settling of such earth, and leave the street in as good condition as he found it, and to the entire satisfaction of the city engineer. (Code 1958, § 33-5) Sec. 23-16. Same--Restoration after excavation. Parties taking up any pavement or making any excavation, as provided in section 23-15 shall do so in a careful manner, and on paved streets, shall preserve every part thereof, and in case of any excavation made, shall refill the same and thoroughly tamp and leave the same in first-class condition for relaying the pavement, and on unpaved streets the excavation shall be refilled in the same manner to a height level with the street, and should any depression afterwards occur in any line of trench, it shall be refilled until it is permanently settled and flush with the street, and in all cases the street shall be left in as good condition as found. (Code 1958, § 33-6) Sec. 23-17. Same—Permit. It shall be unlawful for any person to in any manner disturb or take up any portion of any street, paved or unpaved, in the city, without first having applied to the proper authority of the city and obtained a permit to do so, after stating the amount of pavement necessary to be taken up. (Code 1958, § 33-7) Sec. 23-18. Same--Digging holes prohibited. It shall be unlawful for any person to pick or dig holes in the streets or drive any sharp instrument therein that will make a hole. (Code 1958, § 33-8) Sec. 23-19. Barricades—Placing during street construction. When any street or sidewalk in the city is being paved, constructed or repaired, the same shall be properly barricaded and lighted in accordance with the -guidelines established in the Texas Manual On Uniform Traff ic Control Devices by the person engaged in the performance of such work. Such barricades and lights shall remain until such time as the city engineer shall declare the street or sidewalk ready for travel. It shall be unlawful for any person to remove or disturb any such barricade or light without permission of the city engineer. (Code 1958, § 33-9) Sec. 23-20. Same--Erecting detour and barricade signs during building operations. Contractors or other persons authorized to erect detour signs on streets before doing or after construction work shall, before erecting such detour or barricade signs, obtain the written permission of the #a##ie-cit engineer to do so, who shall notify the RhtJ he fire department, the Ghief ef pelffiGe-police department, and the public works department immediately upon granting such permission. (Code 1958, § 37-31) Sec. 23-21. Same--Disregarding. It shall be unlawful for any person to ride or drive any horse or other animal or vehicle of any description over, along or upon any street of the city while the street is being paved or repaired before the same shall be declared ready for travel by the city engineer, or to disregard any legally placed barricades. (Code 1958, § 33-10) Sec. 23-22. Obstructing sidewalks--Permission to place objects thereon. It shall be unlawful for any person, in any manner, to obstruct the use by pedestrians of any sidewalk in the city by placing thereon any boxes, material, vehicles or other objects whatever; provided, however, when it may appear to be to the best interest of the public generally, the city manager may, by written permission, authorize the placing of certain objects on the city sidewalks. (Code 1958, § 33-14) Sec. 23-23. Same—Handling of goods thereon. All merchants shall have the right to occupy one-half of the sidewalks in receiving and forwarding goods, wares and merchandise; provided, however, such space shall not be occupied longer than five (5) minutes at a time. (Code 1958, § 33-15) Cross references: For prohibition against conducting auctions on sidewalks or in public places, see § 7-12. Sec. 23-24. Same--Exhibiting goods thereon. It shall be unlawful for any merchant doing business in this city to occupy and use any part of the sidewalks for the purpose of exhibiting, displaying and advertising goods, wares and merchandise. (Code 1958, § 33-16) Sec. 23-25. Same—Passages into and out of certain places. It shall be unlawful for any person to in any way obstruct the passage in or out of any church, theater or other public place, or any place of business. (Code 1958, § 33-17) Sec. 23-26. Same—Sales thereon. It shall be unlawful for anyone to sell or offer for sale at auction or otherwise any goods, wares or merchandise on such sidewalks. (Code 1958, § 33-18) Cross references: As to prohibition on conducting auction sales on the streets, see § 7-12; as to prohibition on peddling on certain streets in the city, see § 7-25. Sec. 23-27. Advertising--By handbills, etc. It shall be unlawful for any person to carry or hold by hand or otherwise any billboard, showcard, placard or advertisement, or sign of any description for the purpose of advertising; or to scatter or throw any handbills, circulars, cards, newspapers or any advertising device of any description, along or upon any street or sidewalk in the city; or to place in or attach to any automobile any handbill, circular, card, newspaper, placard or other advertising device, without receiving permission from the owner of such automobile. (Code 1958, § 33-20) Sec. 23-28. Same--Posters, placards, handbills, signs prohibited; exceptions. It shall be unlawful for any person to place or cause to be placed upon any public street or sidewalk within the city's right-of-way or on or against any pole, post, tree, fireplug, trash receptacle or other property located in a public street or sidewalk, any poster, placard, handbill or sign; provided, however, this section shall not apply to signs placed by officers or employees of the city, state or the United States, in the performance of their official duties and functions. (Code 1958, § 33-20.1) Sec. 23-29. Same—Painting signs. It shall be unlawful for any person to paint or write signs or advertisements upon the sidewalks or the streets of the city; provided, however, it shall not be unlawful for persons to paint residence, business or other building numbers on curbs. (Code 1958, § 33-21; Ord. No. 81-101, § 1, 12-15-81) Sec. 23-30. Trees and shrubbery; overhanging and protruding, distance requirements. It shall be unlawful for any person to allow any tree, shrub, vine, or other plant to be grown, maintained or cultivated in such a manner that any portion of plant may overhang or protrude upon or over any sidewalk, unless there shall be a full ten (10) foot clearance between the surface of all portions of such sidewalk and the overhanging plant; over any street or highway in the city unless there shall be a full twelve (12) foot clearance between the surface of all portions of such street or highway at a lesser distance than seven and one-half (7 1/2) feet from any fireplug in the city; provided, however, all shade trees now growing between the sidewalk and the curb on any public street or highway in the city, less than seven and one-half (7 1/2) feet from any such fireplug, shall not be affected by the terms of this section. It shall also be unlawful for any person to allow any tree, shrub, vine, palm or other plant to be planted, maintained or cultivated, between the sidewalk and the curb on any public street or highway in the city at a lesser distance than thirty (30) feet from the corner of any block on any such public street or highway, such measurements to be computed at the point of the intersection of the curb lines extended. (Code 1958, § 33-29) Sec. 23-32. Playing ball on streets. It shall be unlawful for any person to play at a game of ball in any manner upon any public highway, street or alley in the city. (Code 1958, § 33-36) Sec. 23-33. Removing landmarks or signs. It shall be unlawful for any person to remove any post, stake or other mark indicating the lines of any street or alley. (Code 1958, § 33-37) Secs. 23-34--23-39. Reserved. ARTICLE II. SIDEWALK AND DRIVEWAY CONSTRUCTION AND MAINTENANCE* *Cross references: Construction of off-street parking facilities, § 6-2. Sec. 23-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Abandoned driveway.A driveway shall be considered to be abandoned when the following exist: (1) When the parking or land use has been so situated as to make the driveway not usable or not needed, or (2) When the buildings or other structures have been remodeled or situated on the adjacent property in such manner as to prevent a vehicle from parking completely on the adjacent private property. Alley: A public or private right-of-way which is used only for secondary access to individual properties which would otherwise have their primary access form an adjacent public street. Commercial driveway. Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area outside the street which is designed or intended for the parking of any commercial vehicle, or for the parking of any vehicles to serve land other than a single-family residence. Curb return or curb radius: That part of the curbing at an intersection or at a driveway which is curved to form the connection between intersecting curb lines. Frontage:That portion of adjacent property contiguous to a single street property line. For the purpose of this article, frontage shall be measured as the total distance over which the street right-of-way line and the lot or property lines are congruent, and shall include all lots or properties under the legal control of the applicant. Residential driveway. Any passageway designed or intended for vehicular movements between the roadway and any point outside the street right-of-way, when such passageway leads to any public or private area designed or intended for parking to serve land used for a single-family residence. Right-of-Way: A strip of land taken or dedicated for use as a public way or such use as set forth in the instrument establishing the right-of-way. Roadway. That section of street lying between the face of curbs or edge of driving surface if noncurbed. Safety zone: That portion of the frontage right-of-way between any two (2) driveways. Whenever any term used herein is not defined herein, but is defined in any other ordinance or state law, such definition shall be deemed to apply to such term used herein. (Code 1958, §§ 33-41, 33-42) Sec. 23-41. Persons responsible for maintenance of sidewalks, etc.; liability in damages; declaration of nuisance. It shall be the duty of the owner, agent in charge or tenant of property abutting on any sidewalk or parkway to keep such sidewalk or parkway in good and safe condition and free from any defects of whatever kind or character; and any such party who shall fail to comply herewith shall be primarily liable in damages for any injuries (including death), loss or damage sustained as a result of such unsafe and defective condition. In this connection, any sidewalk or parkway which has become or is defective, unsafe or hazardous is hereby declared to be a nuisance, and the failure of any owner, agent in charge or tenant, to construct, reconstruct or repair any such sidewalk or parkway ordered to be constructed, reconstructed or repaired by the city engineer, shall constitute a misdemeanor. (Code 1958, § 33-4; Ord. No. 79-71, § 1, 9-25-79) Sec. 23-42. Permit—Required; bond to be filed; voiding of permit. Before constructing, reconstructing, repairing or altering any driveway or sidewalk, a permit, in addition to any other permits, shall be obtained from building inspections division; provided, however, no such permit shall be required for the construction of any driveways or sidewalks installed as a part of the paving or widening of any street in accordance with plans approved by the departments of public works and traffic and transportation and installed as a part of a contract of the city. No permit shall be issued to any person until that person has filed the bond as required in section 23-45. If the driveway or sidewalk is not constructed within six (6) months of date of issuance of permit, said permit becomes null and void. (Code 1958, § 33-43) Sec. 23-43. Same—Application; requests to establish pipe sizes and grades. Application for such permit shall be made to the building inspections division on forms prescribed by the city. Each such application shall be submitted with a scaled drawing showing the address and lot and block number, if platted, of the property where the driveway or sidewalk is to be located, the width of the driveway requested, the location of the driveway or sidewalk requested with respect to private property lines, the location of existing driveways on either side of the proposed driveway serving same property or adjacent property, if any, and such other information as may be requested by the city. Before the permit is issued, it shall be approved as to location and design by the ity engineer and the driveway construction approved by the department of public works. After the issuance of a permit, the applicant shall request the public works department to establish pipe sizes and grades, if needed, prior to the beginning of construction. Such request shall be made twenty-four (24) hours in advance to allow proper scheduling. Applications for driveway or sidewalk permits shall be made by the owner or lessee of the abutting property, or by a contractor representing the owner or lessee. No driveway or sidewalk shall be relocated or structurally altered, nor any dimensions altered without a duly executed permit as set forth herein. (Code 1958, § 33-44) Sec. 23-44. Same—Fees. The following fees shall be applicable for the issuance of a permit for a driveway or sidewalk as an additional fee to that for building permits is set out in section 23-42: Residential driveways . . . $40-0035.00 Commercial driveways . . . &q&.AA50.00 Driveways not within the city limits . . .13<&9A75.00 (Code 1958, § 33-45; Ord. No. 83-126, § 1, 9-27-83) Sec. 23-45. Contractor's bond; construction. Any person engaging in the business of contracting for, making, constructing and laying cement oncrete or other permanent type sidewalks and curbs and driveways or pipes in the city shall be required to execute a good and sufficient bond in the sum of tAFG-ten thousand dollars ($2,000-- A10,000.00); said bond having a corporate surety, which corporation must be an insurance company licensed to do business in the state, payable to the city and providing that any person having any cause of action secured by such bond is hereby authorized to sue on such bond without impleading the city, and such bond shall not be exhausted by the first recovery, but shall be subject to successive recoveries for damages accruing to any person by reason of any defective or faulty workmanship thereon; provided further, that any person contracting for the construction and laying of any sidewalk, Gw-driveway or pipes in the city shall first obtain the permit and then construct and lay the sidewalk, ate-driveway or pipes according to plans, specifications and grades to be furnished by the city engineer, or such plans and specifications as may be hereafter prescribed and adopted by the city council. The person contracting to construct and lay such sidewalks, driveways or pipes in the city, shall keep and maintain the sidewalk, driveway or pipes when so constructed or laid, for a period of two (2) years, free of any cost or charge to the owner thereof caused by reason of any defective or faulty material used therein, or by reason of any defective or faulty workmanship thereon, or in the event that the sidewalk, driveway or pipes as made, constructed and laid shall fail to comply with the specifications as herein provided. Such bond, herein provided for, shall be approved by the city engineer and deposited with the city clerk before any such person shall engage in the business of making, constructing and laying such sidewalks and driveways or pipes in the city. (Code 1958, § 33-13) Sec. 23-46. Indemnification. The grantee of any driveway,-Gr sidewalk or pipes permit shall hold harmless the city and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. (Code 1958, § 33-54) Sec. 23-47. Right to inspect driveways,or-sidewalks or pipes and require conformance with standards and specifications reserved; costs of repair or maintenance. The city reserves the right to inspect driveways,or--sidewalks or pipes at any time during construction and to require such changes as may be necessary to make the construction conform to city street standards and specifications. At any time after the construction of any driveway, er-sidewalk or pipes, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the owner or lessee of abutting property. (Code 1958, § 33-47) Sec. 23-48. Driveway construction required; grade; curb cuts. It is the duty of all persons owning property abutting on paved streets in the city, to construct or cause to be constructed at their own cost and expense, driveways leading from the curb line to the property line on such lots as may be necessary to enter with any vehicle from the street, on such grade as may be furnished by the city engineer, and in doing such work, property owners shall have the right to cut down the curb wall, but only as may be directed by the city engineer. It shall be the duty of the city engineer, on the application of property owners, to furnish the correct grade for such proposed driveways free of cost, and the work of constructing such driveways shall be done under his supervision. (Code 1958, § 33-12) Sec. 23-49. Materials and labor for construction of driveways and sidewalks. All materials and labor necessary for the construction of the driveways and sidewalks authorized in the permit shall be furnished by the owner. All materials shall meet city street construction standards and specifications. (Code 1958, § 33-48) . Sec. 23-50. Driveway approaches. (a) Section intent. It is the intent of this section that the location and angle of a driveway approach in relation to the street or intersection shall be such that a vehicle leaving the abutting property may turn into the lane of traffic moving in the desired direction and be channeled within such lane before crossing the intersection or proceeding along the street, and that a vehicle entering the abutting property may turn out of the nearest lane of traffic without interfering with other traffic. (b) Location and angle of intersection. (1) No driveway approach shall be permitted to encroach upon any municipal facility. However, the relocation of municipal facilities may be authorized by the city engineer if it is in the public's interest and provided that such relocation shall be completed by and at the expense of the applicant and in accordance with specifications provided by the city engineer in the permit issued therefor. (2) At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curb line or the edge of pavement. {See-plate-A!4 (3) Where sidewalks exist or are to be constructed, the beginning of the driveway approach shall not commence nearer the corner of a street intersection than the inside edge of the sidewalk along the intersecting street. (4) The interior angle formed by the extension of the axis of the driveway approach and the center line of the street shall fall between forty-five (45) degrees and ninety (90) degrees. (5) Adjacent driveway approaches shall be separated by a safety island of twenty (20) feet minimum width as shown on plate A. (6) On interior lots, the tangent point of the driveway curb at the street curb line shall not extend beyond a property line on any commercial driveway. (7) A residential driveway shall not be located nearer than two (2) feet to an interior property line. The minimum width of the driveway shall be ten (10) feet. (c) Driveway approach width. (1) Where adjacent owners are, or will, use off-street parking as a common parking lot, or where there are no physical barriers to prevent the use of the parking area as a common parking lot, then the area in question shall be deemed to be one tract and a common driveway may be permitted if the total driveway width does not exceed thirty-five (35) feet. (2) The width or throat of a driveway approach shall not be greater than thirty-five (35) feet for commercial or public establishments, measured at right angles to the axis of the driveway approach. (3) Driveway approaches for motor vehicle docks and buildings with vehicle doorways may be as wide as sixty (60) feet. Where more dock space is required, the driveway approach shall be separated by a safety island. (4) When the area immediately behind and adjacent to the street right-of-way is to be used as a vehicle parking area, curbs and other barriers shall be installed as required by the #ra#iciengineer to prohibit such parked vehicles from extending into the right-of-way. (d) Number of driveway approaches allowed. (1) Not more than two (2) driveway approaches shall be permitted on any tract with a frontage of one hundred (100) feet or less. (2) Not more than three (3) driveway approaches shall be permitted on any tract with frontage of more than one hundred (100) feet but less than three hundred (300) feet. (3) Not more than four (4) driveway approaches shall be allowed for any tract with more than three hundred (300) feet but less than six hundred (600) feet. (4) For tracts with frontage in excess of six hundred (600) feet one additional approach may be allowed for each additional three hundred (300) feet of frontage in excess of six hundred (600)feet. (e) Angle or recessed parking prohibited. Driveway approaches shall not be constructed or used for angle or recessed parking. To qualify for a driveway approach, the approach must provide access to a vehicle doorway, dock or an off-street parking lot with sufficient room for the vehicle to maneuver and reenter the street front first from said parking lot. This provision shall apply only to commercial driveways. (Code 1958, § 33-49) Sec. 23-51. Driveway abandonment. When a driveway has been abandoned within the meaning of this article, the tmattin- city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveways are to be closed for the reasons set forth above, the #a#is-ciengineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveway is to be closed for the reasons set forth above, the #a#ae-cif engineer shall notify the property owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. If within thirty (30) days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the notification, such work may be done by the city and all costs, plus 25%. thereof assessed as a lien against the property, and shall be a personal liability of the owner or lessee of the abutting property. (Code 1958, § 33-50) Sec. 23-52. Exceptions to requirements. It is the intent of this article that exceptions to the above provisions be granted only for extreme circumstances and only in those cases where the public interest would be served by such exceptions. The #a#+e--ci_engineer is authorized to permit those exceptions which meet the above requirements. (Code 1958, §33-51) Sec. 23-53. Maintenance of driveway,,or-sidewalk,.or all owner or lessee. The maintenance of any driveway.,of-sidewalk or alley shall be the responsibility of the owner or lessee of the property served by the driveway, sidewalk or alley. (Code 1958, § 33-46) Sec. 23-54. Same--Repair by city; maintenance by owner or lessee. Any existing driveway which is destroyed, altered or removed as a part of the construction or reconstruction of any roadway will be replaced by the city to a design within these regulations. The maintenance of any driveway so replaced by the city shall be the responsibility of the owner or lessee of property served by the driveway. (Code 1958, § 33-55) Sec. 23-55. Appeals. If the applicant is dissatisfied with the decision of the#a#iGCiengineer, he may appeal such decision to the city council. All such appeals shall be made in writing to the city manager. The city council shall consider all evidence submitted by the applicant and the #a#iG epQieeercity engineer and shall make a final decision as to whether or not an exception shall be granted. (Code 1958, § 33-52) Sec. 23-56. Effect of noncompliance. IIf the applicant shall refuse to obey the final decision of the#a#iG-ciengineer or the city council, the building official shall refuse to issue said applicant a building permit. (Code 1958, § 33-53) ARTICLE III. EXCAVATIONS, CUTTINGS OR TUNNELINGS* *Editor's note: Ord. No. 81-37, § 1, adopted May 19, 1981, amended the Code by adding provisions designated as Art. III, §§23-57--23-82, to read as herein set forth. Sec. 23-57. Definitions. For purposes of this article, the following terms shall have the respective meanings ascribed to them: Barricade shall be used to designate barricades, signs, traffic cones, signals, flags, flares, and all other traffic control and warning devices and procedures as outlined in the Texas Manual on Uniform Traffic Control Devices. Blockage shall mean any obstruction of the street, sidewalk, or right-of-way. Bore hole is defined as a hole that is drilled under a street, highway, roadway, alley, or sidewalk. City shall mean the City of Beaumont. City engineer is defined as the City Engineer of the City of Beaumont or his authorized representative. Contractor shall mean any person or group of persons entering into an agreement with the City of Beaumont. Director or director of #raRssegatien-public works shall mean the director of tFaRsp9FtatieA-pgbIic works of the City of Beaumont or his appointed representative. Emergency is defined as a situation in which life, health, or property is in danger or may be in danger. Failure of utility service is an emergency. Manual shall mean the "Texas Manual on Uniform Traffic Control Devices." Permit shall mean written approval. Person is defined as an individual, firm, partnership, corporation or governmental entity. Right-of-way is defined as all that property held by the City of Beaumont for street, highway, roadway, or sidewalk purposes, but shall not include easements and publicly held property commonly known as alleys located at the rear of lots and used for utilities and utility access. Shall, should and may. The word "shall" indicates a mandatory condition; the word "should" indicates an advisory condition to insure safe operation conditions; the word "may" indicates a permissive condition. Street shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public highways in the city. Arterial, collector, and local streets shall be as designated on the city's official street and highway plan, as amended from time to time. A copy of this plan shall be on file in the office of the city clerk. Street cut is defined to be any excavation, cutting or tunneling of, or placing any earth or excavation material upon any right-of-way. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-58. Street cuts; permit required; exceptions. (a) It shall be unlawful for any person, except the City of Beaumont, to make a street cut unless such person shall first obtain a street cut permit from the city engineer, except in the following cases: (1) A street cut permit shall not be required for the installation of a utility pole which is installed without disturbing existing pavement or paved sidewalks; (2) A street cut permit shall not be required of contractors performing work for the City of Beaumont; (3) A street cut permit shall not be required of the State Department of Highways and Public Transportation if work is to be performed on a street under the jurisdiction and control of the State Department of Highways and Public Transportation; (4) A street cut permit shall not be required as a prerequisite to a street cut in an emergency; (5) A street cut permit shall not be required for construction of a driveway or sidewalk if permits under other applicable codes for such construction have been obtained. (b) All other provisions of the code shall apply to each of the above exceptions. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-59. Blockage; barricades required. Any person who undertakes to perform work or other activity upon, in, under, or above any public right-of-way which requires that the right-of-way be partially or completely closed shall use barricades, signals, signs, flags, flares, and other traffic control warning devices and procedures during the duration of the activity in the manner Fegeired-outlined by the "Texas Manual on Uniform BaRiGading gtandaf&�Traff ic Control Devices" adopted herein below. Any such person shall also be required to obtain a permit from the director of tFaRspertatiGp,- blic works unless specifically exempted by section 23-61. The permit must be acquired before activity is begun. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-60. "Texas Manual on Traffic Control Devices" adopted by reference. The current "Texas Manual on Uniform RaKiGadiRg StandardsTraffic Control Devices" is hereby incorporated into and made part of this section by reference and shall be on file in the office of the city clerk. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-61. Permit required for barricading, exceptions. (a) A barricading permit shall be required of any person, except the City of Beaumont, who undertakes to perform work or other activity upon, in, under or above any public right-of-way which requires that the right-of-way be partially or completely closed, except in the following cases: (1) A barricading permit shall not be required for minor construction work performed by utility companies. Utility work shall be considered minor if a collector or arterial street is not blocked between the hours of 7:00 a.m. and 9:00 a.m., and the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday, and if the blockage does not exceed two (2) hours during a twenty-four-hour period. Subject to the above limitations, usage of manholes shall be considered minor utility work. At any time, blockage of more than one traveled lane, or blockage of a single lane when that lane is the only lane of travel for a direction, on any arterial or collector street shall not be considered minor. (2) A barricading permit shall not be required for work when no portion of the street is to be blocked and pedestrian movement can be maintained without using the street. (3) A barricading permit shall not be required of contractors performing work for the City of Beaumont. (4) A barricading permit shall not be required of the State Department of Highways and Public Transportation if work is to be performed on a street under the jurisdiction and control of the State Department of Highways and Public Transportation. (5) A barricading permit shall not be required as a prerequisite to a street cut in an emergency. (6) A barricading permit shall not be required for construction of a driveway or sidewalk if permits under other applicable codes for such construction have been obtained. (b) All other provisions of the code and manual shall apply in paragraphs (a) through (f) above. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-62. Street cut/barricading permit application; fee. (a) Application for a street cut and/or barricading permit shall be made in writing on a combined form provided by the city. The form shall be obtained from the city engineer . The application form shall be completed and accompanied by plans showing the location of the proposed street cut or proposed barricades. In each instance in which a street cut permit is obtained for a utility company, the utility company shall be the applicant and shall be responsible for compliance with the terms of this article. (b) The fee for a street cut and/or barricading permit shall be ten dollars ($10.00) per permit with an additional charge of five dollars ($5.00) per day or portion of a day during which the right-of-way is occupied by the applicant. (c) The city engineer may require revisions to street cut plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Street cuts shall be made in strict compliance with the approved plans, and the city engineer or his designee shall have the right of inspection at all times. I (d) The itv engineer may require revisions to barricading plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Barricading shall be in strict compliance with the approved plans and the C engineer or his designee shall have the right of inspection at all times. (Ord. No. 81-37, § 1, 5-19-81; Ord. No. 83-125, § 1, 9-27-83) Sec. 23-63. Submission of application prior to action. (a) Application for a street cut and/or barricading permit shall be made not less than two (2) business days prior to the proposed work or blockage. If an application is not approved, reasons for the disapproval shall be stated in writing. (b) Failure to comply with provisions of a prior street cut or barricading permit shall be a satisfactory reason for disapproval of subsequent applications. (Ord. No. 81-37, § 1, 5-19-81) Sea— 23-64. Appeah AR appliGai;t shall have the Fight te appeal to the Gity raquRn-il frorn any adverse teR (40) days den-isieR appealed frelml. The Guty GOURG01 shall held- Wetir-,e shall be 6-UffiGuent Of deposited OR the 1-1nott4d StAt Pe With Sec. 23-65. Permit to be available at site. The street cut/barricading permit shall be kept at the location of the street cut/blockage at all times that work or a blockage is occurring. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-66. Emergency situations. (a) In the event of an emergency occurring between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except city holidays, immediate notice shall be given the director of ertafien—public works and application for a street cut/barricading permit shall be made on the next business day following the emergency street cut. (b) In the event of an emergency occurring between the hours of 5:00 p.m. and 8:00 a.m. or on weekends or city holidays, application shall be made on the next business day, and immediate notification shall be given to the Beaumont police department. In emergency situations, all basic barricading and street cut standards outlined in the manual or this article shall apply. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-67. Times streets not to be blocked. (a) Except in an emergency, or unless approved in advance by the director of UanspeFtatien public works, no street blockage shall occur on an arterial or collector street between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday. (b) All traffic lanes of arterial and collector streets and all sidewalks along such streets shall be opened and all street cuts shall be paved, covered by steel plates, or backfilled at the conclusion of each days work to the satisfaction of the city engineer. Street cuts which would be impractical to close at the conclusion of each day's work shall be left open only if prior approval has been obtained from the city engineer and director of tFaR6P9FtatiGApgblic works. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-68. Additional permit requirements. At any time after the issuance of a permit, the city engineer er—digester--e# tFaRSPOARNAM may impose additional permit requirements when deemed necessary in the interest of public safety, to avoid traffic congestion, or otherwise protect the best interests of the city. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-69. Revocation of permit. (a) The ity engineer, or their his authorized representatives may stop work related to a permit issued hereunder in an emergency situation or if any requirement of the permit is not met. (b) The permit holder, or the person named as responsible for or in charge of work or action, shall be notified of violation of any requirement of the permit and be given a reasonable time to correct the deficiency. The length of time shall be determined by the city engineer for deficiencies related to street cuts and by barricading. The maximum time to correct deficiencies shall be twenty-four (24) hours. After the designated time, the permit may be revoked. (c) In the event a permit is revoked, it shall be unlawful to continue to work or block the roadway, except to restore the site to its proper condition. Restoration shall begin immediately. (d) A permittee shall have the right to appeal to the city manager the decision or ruling of the city engineer to revoke a permit. To perfect an appeal the aggrieved party shall file the reason for appeal in writing with the city manager within ten (10) days after the revocation. The city manager shall hold a public hearing on such appeal after furnishing notice of such hearing to the permittee. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached addressed to the permittee at the address shown on the written appeal. The decision of the city manager shall be final. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-70. Applicant responsible for materials, etc. The applicant shall be responsible for all work, activity, barricades, maintenance, restoration, and other actions required by the permit, the manual, the nature of the work, and all other applicable laws and standards. The city is not required to provide labor, materials, barricades, working conditions, or other actions necessary for performance of work or other actions. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-71. Street cuts to be marked. The permittee shall mark each street cut with an identifying colored marker, located to avoid areas of heavy traffic flow. The colors for the required marks are as follows: (1) Safety red. Electrical power, distribution and transmission Municipal electrical systems (2) High visibility safety yellow.Gas distribution and transmission Oil distribution and transmission Dangerous materials, product lines, steam lines (3) Safety Alert Orange:Telephone and telegraph systems Police and fire communications Cable television and traffic control systems (4) Safety precaution blue:Water systems and slurry pipe lines (5) Safety Green:Storm and sewer systems (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-72. Bond required. An applicant for a street cut permit shall have in force with the city a surety bond in the principal amount of ten-twen thousand dollars ($44,4W20.000.00); provided that no bond shall be required of any utility company franchised by the City of Beaumont. The bond shall be executed by the permittee as principal and by a corporate surety satisfactory to the city engineer and in a form satisfactory to the city attorney. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this article. Recovery on such bond shall be cumulative. The bond shall provide that it may not be cancelled without thirty (30) days' prior written notice to the city. The bond shall be good for a period of one (1) year from date of issuance of the permit. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-73. Concrete cuts. Removal and replacement of existing concrete shall be made by the use of breakout grooves sawed by a concrete saw in accordance with details shown on the plans accompanying the application for a street cut permit and as directed by the city engineer. Where street cuts are made within three (3) feet of existing dummy joints, construction joints, or expansion joints, concrete shall be removed to the existing joint. Breakout grooves shall be cut perpendicular to the surface as directed by the city engineer and shall be sawed to a depth not less than one and one-half (1 1/2) inches. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-74. City repair of noncomplying street cuts. (a) A street cut permit shall be issued for a period of time adequate to complete the proposed street cut. (b) If a street cut does not comply with the terms of this article, the city engineer shall notify the permittee in writing of the deficiency. If the street cut is not properly repaired within fifteen (15) days of the written notice, the city may make necessary repairs and charge the permittee therefor at a rate sufficient to cover all direct costs incurred plus twenty-five (25) per cent of that cost to compensate for unquantifiable administrative expenses and other overhead. In situations in which the permittee can not be reached and notified by telephone, in person, or in writing or does not respond after such notification and the deficiency is an emergency, the city may make necessary repairs and charge the permittee for all direct costs incurred plus twenty-five (25) per cent. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-75. Material to match. Permanent patches and repairs shall be made of a material that corresponds with the material in the existing street. An asphalt patch shall not be permitted in a concrete street, nor shall a concrete patch be permitted in an asphalt street. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-76. Bore holes, etc. Bore holes shall be made in a manner that will not interfere with the operation of the street or other facilities and shall not weaken or damage any embankment or structure. The use of water or other fluids in connection with a boring operation shall be permitted only as necessary to lubricate cuttings. Jetting shall not be permitted. The street above a completed bore hole shall have no indentations, pockets or recesses that may trap and hold water, nor shall there be bumps or high places resulting from the drilling of a bore hole. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-77. Curbs and gutters. Curbs and gutters to be replaced shall be removed to the next expansion joint on both sides of the street cut or, with the approval of the city engineer, the curb and gutter may be sawed with a concrete saw to produce a smooth joint. Curbs and gutters shall be replaced within forty-eight (48) hours of removal unless an extension is first granted by the city engineer. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-78. Backfilling. (a) Backfilling material not under a street roadway or sidewalk shall be free from lumps, large rocks, or other foreign material and debris and shall be compacted to the density of the original undisturbed material. (b) Excavation, alteration, backfill, and repairs under a street, roadway, or sidewalk shall be made in conformity with the standard drawing and material requirements on file in the city engineer's office; provided that, in exceptional circumstances, when in the judgement of the city engineer, modifications will be necessary to insure and protect the best interest of the city. (c) The city may require density tests of backfill material by a testing laboratory. If the material tested fails to meet compaction requirements, the expense of the testing shall be borne by the permittee and it shall take immediate action to correct all deficiencies; or, if the questionable area, after testing, is shown to meet compaction requirements, the cost of the test shall be borne by the city. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-79. Excavation restriction. When, in the judgment of the city engineer, excavating within a street should not be allowed, the street cut shall be bored, tunneled or drilled under the paved section, and where the city engineer deems it necessary, such crossings shall be encased in a manner approved by the city engineer. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-80. Cleated equipment restrictions. Cleated equipment shall not be used in street cuts without use of "street pads" to prevent damage to the street, roadway or alley. (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-81. Certificate of insurance required. An applicant, other than the city or a utility company having a franchise agreement with the city, shall, prior to the issuance of a street cut permit furnish the city with a seFti#isate-efcopy of a policy of insurance issued by an insurer acceptable to the city showing that the permittee has in force, and will maintain in force during the performance of the street cut and for the period of the street cut permit, public liability insurance of not less than #wee-five hundred thousand dollars ($3A9500,000.00) for any one accident and property damage insurance of not less than## -one hundred thousand dollars ($58100,000.00). (Ord. No. 81-37, § 1, 5-19-81) Sec. 23-82. City not liable. This article shall not be construed as imposing upon the city, or any official or employee thereof, any liability or responsibility for damages to any person; nor shall the city or any official or employee thereof be deemed to have assumed any liability or responsibility by reason of inspections, the issuance of permits, or approval of any excavation work. (Ord. No. 81-37, § 1, 5-19-81) ARTICLE IV. RESERVED* *Editor's note: Ord. No. 02-073, § 1, adopted Sept. 17, 2002, repealed article IV, sections 23-83, 23-84, in its entirety. Former article IV pertained to the street use service fee and derived from Ord. No. 89-58, § 1, adopted Aug. 15, 1989;-Ord. No. 90-2, § 1, adopted Jan. 9, 1990; Ord. No. 91-54, § 1, adopted June 25, 1991; and Ord. No. 91-62, § 1, adopted Aug. 13, 1991. Secs. 23-83, 23-84. Reserved. ARTICLE V. SKATING AND SKATEBOARDING UPON CERTAIN MUNICIPALLY OWNED PROPERTY Sec. 23-85. Skating and skateboarding restrictions. It shall be unlawful for any person upon roller skates, roller blades, in-line skates, skateboards or similar devices to skate along or upon the public grounds of the Julie Rogers Theater, Tyrrell Historical Library, Beaumont Public Library, City Hall, Civic Center, Police Building, Energy Museum and Municipal Court Building, or the Art Museum of Southeast Texas. "Public grounds" means property belonging to the city adjoining the facilities listed. (Ord. No. 99-55, § 1, 8-10-99) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I, SECTIONS 23-5, 23-12, 23-14, 23-16, 23-19, 23-20 AND 23-28, ARTICLE II, SECTIONS 23-40, 23-43, 23-44, 23-45, 23-46, 23-47, SUBSECTIONS 23-50(b)(2) AND (c)(4), SECTIONS 23-51, 23-52, 23-53, 23-55 AND 23-56, AND ARTICLE III, SECTIONS 23-57, 23- 59, 23-60, SUBSECTIONS 23-62(a) AND (d), 23-66(a), SECTIONS 23-67 AND 23-68, SUBSECTIONS 23-69(a) AND (b) AND ADDING SUBSECTION 23-69(d), SUBSECTIONS 23-71(3) AND (5) AND SECTIONS 23-72 AND 23-81 AND REPEALING ARTICLE I, SECTIONS 23-7, 23-9.1 AND 23-31 AND ARTICLE III, SECTION 23-64 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 23, Article I, Section 23-5, be and the same is hereby amended to read as follows: Sec. 23-5. Official street and highway plan. The official street and highway plan for the adequate development of arterial and collector streets in the city is hereby incorporated into and made a part of this section by reference, and shall be on file in the office of the city clerk; provided, however, that nothing herein shall be construed to affect the adoption of the official map of the city, which ordinance of adoption is codified in section i 23-1, or to affect the incorporation of the zoning map of the city, which adoption of said zoning map is codified in section 30-4. Section 2. That Chapter 23, Article I, Section 23-7, be and the same is hereby repealed. Section 3. That Chapter 23, Article I, Section 23-9.1, be and the same is hereby repealed. Section 4. That Chapter 23, Article I, Section 23-12, be and the same is hereby amended to read as follows: Sec. 23-12. Interference with pavement. It shall be unlawful for any person to interfere with, or alter in any manner, any public sidewalk or street pavement, unless he shall have first obtained a permit from the city engineer. Section 5. That Chapter 23, Article I, Section 23-14, be and the same is hereby amended to read as follows: Sec. 23-14. Malicious injury to sidewalk or driveway. It shall be unlawful for any person to willfully or maliciously tear up, injure, deface or destroy any sidewalk or driveway or any portion thereof in the public right-of-way. Section 6. That Chapter 23, Article I, Section 23-16, be and the same is hereby amended to read as follows: Sec. 23-16. Same--Restoration after excavation. Parties taking up any pavement or making any excavation, as provided in section 23-15 shall do so in a careful manner, and on paved streets, shall preserve every part thereof, and in case of any excavation made, shall refill the same and thoroughly tamp and leave the same in first-class condition for relaying the pavement, and on unpaved streets the excavation shall be refilled in the same manner to a height level with the street, and should any depression afterwards occur in any line of trench, it shall be refilled until it is permanently settled and flush with the street, and in all cases the street shall be left in as good condition as found. Section 7. That Chapter 23, Article I, Section 23-19, be and the same is hereby amended to read as follows: Sec. 23-19. Barricades--Placing during street construction. When any street or sidewalk in the city is being paved, constructed or repaired, the same shall be properly barricaded and lighted in accordance with the guidelines established in the Texas Manual On Uniform Traffic Control Devices by the person engaged in the performance of such work. Such barricades and lights shall remain until such time as the city engineer shall declare the street or sidewalk ready for travel. It shall be unlawful for any person to remove or disturb any such barricade or light without permission of the city engineer. Section 8. That Chapter 23, Article I, Section 23-20, be and the same is hereby amended to read as follows: Sec. 23-20. Same--Erecting detour and barricade signs during building operations. Contractors or other persons authorized to erect detour signs on streets before doing or after construction work shall, before erecting such detour or barricade signs, obtain the written permission of the city engineer to do so, who shall notify the fire department, the police department, and the public works department immediately upon granting such permission. Section 9. That Chapter 23, Article I, Section 23-28, be and the same is hereby amended to read as follows: Sec. 23-28. Same--Posters, placards, handbills, signs prohibited; exceptions. It shall be unlawful for any person to place or cause to be placed upon any public street or sidewalk within the city's right-of-way or on or against any pole, post, tree, fireplug, trash receptacle or other property located in a public street or sidewalk, any poster, placard, handbill or sign; provided, however, this section shall not apply to signs placed by officers or employees of the city, state or the United States, in the performance of their official duties and functions. Section 10. That Chapter 23, Article I, Section 23-31, be and the same is hereby repealed. Section 11. That Chapter 23, Article II, Section 23-40, be and the same is hereby amended to add the following definitions: Sec. 23-40. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Alley: A public or private right-of-way which is used only for secondary access to individual properties which would otherwise have their primary access form an adjacent public street. Right-of-Way: A strip of land taken or dedicated for use as a public way or such use as set forth in the instrument establishing the right-of-way. Section 12. That Chapter 23, Article II, Section 23-43, be and the same is hereby amended to read as follows: Sec. 23-43. Same--Application; requests to establish pipe sizes and grades. Application for such permit shall be made to the building inspections division on forms prescribed by the city. Each such application shall be submitted with a scaled drawing showing the address and lot and block number, if platted, of the property where the driveway or sidewalk is to be located, the width of the driveway requested, the location of the driveway or sidewalk requested with respect to private property lines, the location of existing driveways on either side of the proposed driveway serving same property or adjacent property, if any, and such other information as may be requested by the city. Before the permit is issued, it shall be approved as to location and design by the city engineer and the driveway construction approved by the department of public works. After the issuance of a permit, the applicant shall request the public works department to establish pipe sizes and grades, if needed, prior to the beginning of construction. Such request shall be made twenty-four (24) hours in advance to allow proper scheduling. Applications for driveway or sidewalk permits shall be made by the owner or lessee of the abutting property, or by a contractor representing the owner or lessee. No driveway or sidewalk shall be relocated or structurally altered, nor any dimensions altered without a duly executed permit as set forth herein. Section 13. That Chapter 23, Article Il, Section 23-44, be and the same is hereby amended to read as follows: Sec. 23-44. Same--Fees. The following fees shall be applicable for the issuance of a permit for a driveway or sidewalk as an additional fee to that for building permits is set out in section 23-42: Residential driveways....................................................... $35.00 Commercial driveways ..................................................... $50.00 Driveways not within the city limits................................... $75.00 Section 14. That Chapter 23, Article II, Section 23-45, be and the same is hereby amended to read as follows: Sec. 23-45. Contractor's bond; construction. Any person engaging in the business of contracting for, making, constructing and laying concrete or other permanent type sidewalks and curbs and driveways or pipes in the city shall be required to execute a good and sufficient bond in the sum of ten thousand dollars ($10,000.00); said bond having a corporate surety, which corporation must be an insurance company licensed to do business in the state, payable to the city and providing that any person having any cause of action secured by such bond is hereby authorized to sue on such bond without impleading the city, and such bond shall not be exhausted by the first recovery, but shall be subject to successive recoveries for damages accruing to any person by reason of any defective or faulty workmanship thereon; provided further, that any person contracting for the construction and laying of any sidewalk, driveway or pipes in the city shall first obtain the permit and then construct and lay the sidewalk, driveway or pipes according to plans, specifications and grades to be furnished by the city engineer, or such plans and specifications as may be hereafter prescribed and adopted by the city council. The person contracting to construct and lay such sidewalks, driveways or pipes in the city, shall keep and maintain the sidewalk, driveway or pipes when so constructed or laid, for a period of two (2) years, free of any cost or charge to the owner thereof caused by reason of any defective or faulty material used therein, or by reason of any defective or faulty workmanship thereon, or in the event that the sidewalk, driveway or pipes as made, constructed and laid shall fail to comply with the specifications as herein provided. Such bond, herein provided for, shall be approved by the city engineer and deposited with the city clerk before any such person shall engage in the business of making, constructing and laying such sidewalks and driveways or pipes in the city. Section 15. That Chapter 23, Article Il, Section 23-46, be and the same is hereby amended to read as follows: Sec. 23-46. Indemnification. The grantee of any driveway, sidewalk or pipes permit shall hold harmless the city and its agents and employees against any action for personal injury or property damage sustained by reason of the exercise of his permit. Section 16. That Chapter 23, Article ll, Section 23-47, be and the same is hereby amended to read as follows: Sec. 23-47. Right to inspect driveways, sidewalks or pipes and require conformance with standards and specifications reserved; costs of repair or maintenance. The city reserves the right to inspect driveways, sidewalks or pipes at any time during construction and to require such changes as may be necessary to make the construction conform to city street standards and specifications. At any time after the construction of any driveway, sidewalk or pipes, the city reserves the right to inspect such facility and require such repairs or maintenance as may be necessary to protect the public. The cost of any such repair or maintenance shall be borne by the owner or lessee of abutting property. Section 17. That Chapter 23, Article II, Subsections 23-50(b)(2) and (c)(4), be and the same are hereby amended to read as follows: Sec. 23-50. Driveway approaches. (b) Location and angle of intersection. (2) At street intersections, no curb cut for a driveway approach shall be permitted within thirty (30) feet of the extended curb line or the edge of pavement. (c) Driveway approach width. (4) When the area immediately behind and adjacent to the street right- of-way is to be used as a vehicle parking area, curbs and other barriers shall be installed as required by the city engineer to prohibit such parked vehicles from extending into the right-of-way. Section 18. That Chapter 23, Article II, Section 23-51, be and the same is hereby amended to read as follows: Sec. 23-51. Driveway abandonment. When a driveway has been abandoned within the meaning of this article, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveways are to be closed for the reasons set forth above, the city engineer may order the replacement of curbing and/or sidewalks so as to effectively close such driveways. When any such driveway is to be closed for the reasons set forth above, the city engineer shall notify the property owner in writing of the work to be done. Upon notification thereof, the property owner shall proceed to perform such work at his own cost. If within thirty (30) days from such notification work has not been started on the installation of the curb and/or sidewalk as set forth in the notification, such work may be done by the city and all costs, plus 25%, thereof assessed as a lien against the property, and shall be a personal liability of the owner or lessee of the abutting property. Section 19. That Chapter 23, Article II, Section 23-52, be and the same is hereby amended to read as follows: Sec. 23-52. Exceptions to requirements. It is the intent of this article that exceptions to the above provisions be granted only for extreme circumstances and only in those cases where the public interest would be served by such exceptions. The city engineer is authorized to permit those exceptions which meet the above requirements. Section 20. That Chapter 23, Article Il, Section 23-53, be and the same is hereby amended to read as follows: Sec. 23-53. Maintenance of driveway, sidewalk or alley--By owner or lessee. The maintenance of any driveway, sidewalk or alley shall be the responsibility of the owner or lessee of the property served by the driveway, sidewalk or alley. Section 21. That Chapter 23, Article II, Section 23-55, be and the same is hereby amended to read as follows: Sec. 23-55. Appeals. If the applicant is dissatisfied with the decision of the city engineer, he may appeal such decision to the city council. All such appeals shall be made in writing to the city manager. The city council shall consider all evidence submitted by the applicant and the city engineer and shall make a final decision as to whether or not an exception shall be granted. Section 22. That Chapter 23, Article II, Section 23-56, be and the same is hereby amended to read as follows: Sec. 23-56. Effect of noncompliance. If the applicant shall refuse to obey the final decision of the city engineer or the city council, the building official shall refuse to issue said applicant a building permit. Section 23. That Chapter 23, Article III, Section 23-57, be and the same is hereby amended by amending the following definitions to read as follows: Sec. 23-57. Definitions. For purposes of this article, the following terms shall have the respective meanings ascribed to them: Barricade shall be used to designate barricades, signs, traffic cones, signals, flags, flares, and all other traffic control and warning devices and procedures as outlined in the Texas Manual on Uniform Traffic Control Devices. Director or director of public works shall mean the director of public works of the City of Beaumont or his appointed representative. Manual shall mean the "Texas Manual on Uniform Traffic Control Devices." Section 24. That Chapter 23, Article III, Section 23-59, be and the same is hereby amended to read as follows: Sec. 23-59. Blockage; barricades required. Any person who undertakes to perform work or other activity upon, in, under, or above any public right-of-way which requires that the right-of-way be partially or completely closed shall use barricades, signals, signs, flags, flares, and other traffic control warning devices and procedures during the duration of the activity in the manner outlined by the "Texas Manual on Uniform Traffic Control Devices" adopted herein below. Any such person shall also be required to obtain a permit from the director of public works unless specifically exempted by section 23-61. The permit must be acquired before activity is begun. Section 25. That Chapter 23, Article III, Section 23-60, be and the same is hereby amended to read as follows: Sec. 23-60. "Texas Manual on Traffic Control Devices" adopted by reference. The current "Texas Manual on Uniform Traffic Control Devices" is hereby incorporated into and made part of this section by reference and shall be on file in the office of the city clerk. Section 26. That Chapter 23, Article III, Subsections 23-62(a) and (d), be and the same are hereby amended to read as follows: Sec. 23-62. Street cut/barricading permit application; fee. (a) Application for a street cut and/or barricading permit shall be made in writing on a combined form provided by the city. The form shall be obtained from the city engineer. The application form shall be completed and accompanied by plans showing the location of the proposed street cut or proposed barricades. In each instance in which a street cut permit is obtained for a utility company, the utility company shall be the applicant and shall be responsible for compliance with the terms of this article. (d) The city engineer may require revisions to barricading plans submitted with an application if, in his opinion, such revisions are necessary to serve the best interest of the city. Barricading shall be in strict compliance with the approved plans and the city engineer or his designee shall have the right of inspection at all times. Section 27. That Chapter 23, Article III, Section 23-64, be and the same is hereby repealed. Section 28. That Chapter 23, Article III, Subsection 23-66(a), be and the same is hereby amended to read as follows: Sec. 23-66. Emergency situations. (a) In the event of an emergency occurring between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except city holidays, immediate notice shall be given the director of public works and application for a street cut/barricading permit shall be made on the next business day following the emergency street cut. Section 29. That Chapter 23, Article III, Section 23-67, be and the same is hereby amended to read as follows: Sec. 23-67. Times streets not to be blocked. (a) Except in an emergency, or unless approved in advance by the director of public works, no street blockage shall occur on an arterial or collector street between the hours of 7:00 a.m. and 9:00 a.m. and the hours of 4:00 p.m. and 6:00 p.m., Monday through Friday. (b) All traffic lanes of arterial and collector streets and all sidewalks along such streets shall be opened and all street cuts shall be paved, covered by steel plates, or backfilled at the conclusion of each days work to the satisfaction of the city engineer. Street cuts which would be impractical to close at the conclusion of each day's work shall be left open only if prior approval has been obtained from the city engineer and director of public works. Section 30. That Chapter 23, Article III, Section 23-68, be and the same is hereby amended to read as follows: Sec. 23-68. Additional permit requirements. At any time after the issuance of a permit, the city engineer may impose additional permit requirements when deemed necessary in the interest of public safety, to avoid traffic congestion, or otherwise protect the best interests of the city. Section 31. That Chapter 23, Article III, Subsections 23-69(a) and (b), be and the same are hereby amended and Subsection 23-69(d) added to read as follows: Sec. 23-69. Revocation of permit. (a) The city engineer, or his authorized representative may stop work related to a permit issued hereunder in an emergency situation or if any requirement of the permit is not met. (b) The permit holder, or the person named as responsible for or in charge of work or action, shall be notified of violation of any requirement of the permit and be given a reasonable time to correct the deficiency. The length of time shall be determined by the city engineer for deficiencies related to street cuts and barricading. The maximum time to correct deficiencies shall be twenty-four (24) hours. After the designated time, the permit may be revoked. (d) A permittee shall have the right to appeal to the city manager the decision or ruling of the city engineer to revoke a permit. To perfect an appeal, the aggrieved party shall file the reason for appeal in writing with the city manager within ten (10) days after the revocation. The city manager shall hold a public hearing on such appeal after furnishing notice of such hearing to the permittee. Notice shall be sufficient if deposited in the United States mail in a sealed envelope with sufficient postage attached, addressed to the permittee at the address shown on the written appeal. The decision of the city manager shall be final. Section 32. That Chapter 23, Article 111, Subsections 23-71(3) and (5) be and the same are hereby amended to read as follows: Sec. 23-71. Street cuts to be marked. The permittee shall mark each street cut with an identifying colored marker, located to avoid areas of heavy traffic flow. The colors for the required marks are as follows: (3) Safety Alert Orange: Telephone and telegraph systems Police and fire communications Cable television and traffic control systems (5) Safety Green: Storm and sewer systems Section 33. That Chapter 23, Article III, Section 23-72, be and the same is hereby amended to read as follows: Sec. 23-72. Bond required. An applicant for a street cut permit shall have in force with the city a surety bond in the principal amount of twenty thousand dollars ($20,000.00); provided that no bond shall be required of any utility company franchised by the City of Beaumont. The bond shall be executed by the permittee as principal and by a corporate surety satisfactory to the city engineer and in a form satisfactory to the city attorney. The bond shall be payable to the City of Beaumont for the use and benefit of any person entitled thereto and conditioned that the principal and surety will pay all damages to any person caused by, or arising from, or growing out of any violation of the terms of this article. Recovery on such bond shall be cumulative. The bond shall provide that it may not be cancelled without thirty (30) days' prior written notice to the city. The bond shall be good for a period of one (1) year from date of issuance of the permit. Section 34. That Chapter 23, Article 111, Section 23-81, be and the same is hereby amended to read as follows: Sec. 23-81. Certificate of insurance required. An applicant, other than the city or a utility company having a franchise agreement with the city, shall, prior to the issuance of a street cut permit furnish the city with a copy of a policy of insurance issued by an insurer acceptable to the city showing that the permittee has in force, and will maintain in force during the performance of the street cut and for the period of the street cut permit, public liability insurance of not less than five hundred thousand dollars ($500,000.00) for any one accident and property damage insurance of not less than one hundred thousand dollars ($100,000.00). Section 35. 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 36. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 37. 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 5th day of June, 2007. - Mayor Becky Ames - 2 June 5, 2007 Consider amending Chapter 25 of the Code of Ordinances related to taxation and finance 7i2ij City Council Agenda Item � c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Jim Thompson, Parks and Recreation Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 29, 2007 REQUESTED ACTION: Council consider amendments to Chapter 25 of the Code of Ordinances. RECOMMENDATION Administration recommends approval of the amendments proposed for Chapter 25 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 25, related to taxation and finance, were provided to the City Council for review. The most recent draft submitted to the City Council also amends section 25-4, so that it functions in accord with rulings of our state courts, as well as the opinions of the Texas Attorney General's Office. Following the plan, Chapter 25 is being brought forward for consideration and approval. Additional chapters will be brought forward in subsequent weeks until the full review is complete. BUDGETARYIMPACT The recodification will cost an estimated $20,000. Funds are available in the FY 2007 Operating Budget. Chapter 25 TAXATION AND FINANCE* *Charter references: As to the budget, see Art. VI; finance administration, Art. VII; tax administration, Art. VIII; issuance and sale of bonds, Art. IX. Cross references: As to various occupational taxes, see the particular subject, street rental paid by utility companies additional to any taxes, § 28-134; payment of ad valorem taxes by taxicab companies prior to the issuance of permits, § 29-48. Art. I. In General,§§25-1--25-19 Art. II. Ad Valorem Tax, §§25-20--25-49 Art. III. Hotel Occupancy Tax,§§25-50--25-56 Art. IV. Exemption for Historically Significant Sites,§§25-57--25-65 Art.V. Bingo Gross Receipts Tax,§§25-66--25-70 Art.VI. Taxation of Leased Motor Vehicles,§25-71 ARTICLE I. IN GENERAL deliver to his -R---r-,r-,e669F the tax rolls OR his pesressiel;, and shall r9rQW9 49FA hiFn a selleeter-. See.. 2-6-2. A.-ame—RepGA6 of r.911ections. . Sec. 25-3. Tax levy required; rendering property; requirements. The taxes of the city shall be levied and paid pursuant to Article VIII of the charter. The city shall adopt a tax rate for the current tax year and notify the city's assessor of the rate adopted in accordance with section 26.05 of the Tax Code. brie Late Sec. 25-4. Payment of taxes prerequisite to receipt of money due from city. No money shall be paid by the city upon any account whatever to any person who is+►indebted a*Feafs--to the city for taxes dueowed. (Code 1958, § 34-15) Secs. 25-5--25-19. Reserved. ARTICLE 11. AD VALOREM TAX* *Cross references: Exemption for historically significant sites, § 25-57 et seq. Sec. 25-20. Homestead exemption for persons over sixty-five. (a) From and after January 1, 1981, seventeen thousand five hundred dollars ($17,500.00) of the assessed taxable value of all residence homesteads of married or unmarried adults, male or female, including those living alone, who are age sixty-five (65) or over, shall be exempt from all taxation for all city purposes; provided, however, that where the ad valorem tax has heretofore been pledged for a payment of any debt the taxing officers of the city shall have the authority to continue to levy and collect the tax against the homestead property at the same rate as the tax so pledged until the debt is discharged, if the cessation of the levy would impair the obligation of the contract by which the debt was created. (b) In order to secure the benefit of the exemption, the owner shall file an exemption application form with the chief appraiser of Jefferson County Appraisal District. doGumeRts= (4) Own r0hild-'r-, birth _94ifiGate, e1*, (4 4) MaFFiage F9GGFd, , (14) GhUFGh baptismal FeGGFd; (16) Physinian's Fenn (c) From and after January 1, 1981, seventeen thousand five hundred dollars ($17,500.00) of the market value of the residence homestead of any person who is disabled shall be exempt from all taxation for city purposes. (d) Disabled as used herein means under a disability for purposes of payment of disability insurance benefits under federal old-age, survivors, and disability insurance. (e) In order to secure the exemption, the disabled owner shall file an exemption application form with the chief appraiser of Jefferson County Appraisal District; (f) An eligible disabled person who is also sixty-five (65) years of age older may not receive both the disability and the elderly exemption but may choose either. (Code 1958, § 34-1.1; Ord. No. 75-55, § 1, 9-2-75; Ord. No. 76-4, § 1, 1-6-76; Ord. No. 78-97, § 1, 9-26-78; Ord. No. 79-80, § 1, 10-2-79; Ord. No. 79-95, § 1, 11-20-79; Ord. No. 81-61, § 1, 8-4-81) .......... ............. I- offillo-WINOWN WOMMM-0,11 .......... ....................... Mr. or_%zr_rT_T. kWIN-------I'll------------------------------------------- WIN. ,r ............... or.".ir-T-17MIMPM WN"M —-----... .... ......... 1-..,9 MY a m rrz 11=rm ... ............. ....... 'T.NWTP 'Er w MM'SM".11III. MIMIMMM—M.—F-MAM. I ON_00M. N. ........... .................... P. I" "lMTZr.Wl" FTIMM T- ;r ZWI I FWA-1.70-11 ......... W-0 -"I ................ =M MTI "MIllm I MIT".2=291=I. ............... ............. ..............ft- ."M lh 10- ........... ... .... ...... M111MATm ............ .......... ............ Mm rwr %all ........... .......... E"2% .7MM-7 9-00-0-ON~0 JIM 10 MECTIMMIMI.T. MUM. --—-------- —----- 24 ct = I 4t t � � 11 1 1 ...............................­I - - ............... ................. IN I" -—--­----­- -—-------- �------------------------------ -0 W-011"Orl-Wirl.MII MINC, . . . ..................................................... I —--------- MEN ir.1 srwufm:r_ ........... ir. ----———---—-------------—--— I M��INWOF.Tvr i TMW.11' amr-T—M". r1wOr.". ............................ —-----—------- ......... rC7. -MW W. MRM. cwr.mzr.T=r.TTm". : .......... ............. P -—--------— CTM.M m nym a m ............. :War. .pqr. .................. EMM. ............. .10". mul". Mrrimm M rz z 3".rTim .. ........ MZTN".Tzl" 'Em MMIM ML - ------------ Vyr., ........... ...... • 11 ON . F Fnay be- Made- that Fnay b9 %Ge6saFy. The tax96 assessed UP9R 6UGh SUPP19FReRtal F911 s)dy (69) days theFeafteF, shall beaF *Rt8Fe.rt- -;;t- t-118 1- , See.. 26-26. ReGeipt books, Fecempts.. W. Sec. 25-27. Delinquency penalties and interest--Amounts of penalties. A person who fails to pay an ad valorem tax assessed by the City on or before its due date is subject to the delinquency provided in Chapter 33 (Delinquency) of the Texas Tax Code. , F;et paid . . (4) it paid duF'Rg May, a PBRalty of four (4) PeF . . 11 11 11 11 11 11 11 11 11 11 •1 11 11 11 11 11 1 11 1 1 11 11 • 11 11 11 •1 11 11 /1 1 • 11 1 1 •1 11 � 1 1 11 •1 1 •1 11 • 11 11 1 ; • 1 1/ : 11 11 1 11 •1 11 /i 1/ 11 /1 11 11 •1 11 1 11 11 11 11 11 11 11 11 11 11 1 11 1 11 1 I 11 /1 11 1 • 1 1 1 1 11 11 • � 11 • 11 11 •1 11 11 11 /1 1 1 11 11 11 /1 11 II 11 1 11 \ 11 • 11 • 1 11 11 11 • 11 11 • 1 11 1 11 • 11 1 • 1 • 11 1 11 11 11 11 11 1 11 11 • 11 11 •1 ; 11 11 1 11 11 11 11 • 1 11 11 1 •I 1 11 • • 11 11 1 11 11 11 • '1 • 11 • 11 11 1 • 11 1 1 11 1 11 11 11 11 11 •1 11 • 1 11 11 /1 •1 II 11 •1 1 /1 11 1 1 11 1 /1 1 I 11 • • • 11 11 1 1 1 11 11 • 1 1 II 1 1 1 1 11 1 11 11 • 11 •1 /1 i1 II ;; 11 11 11 11 11 11 1 1/ 11 1 11 II 1 1 11 11 1 11 11 • 11 1 1 1 I • 11 11 1 1 11 11 •1 11 1 1 1 • 11 1 11 11 11 II 1 11 • 11 11 � •1 1 11 1 • 11 1 1 1 1 11 •il I� 11 •1 I • /1 11 /1 \ •1 11 /1 /1 • 11 11 11 11 11 11 11 11 1 11 11 1 /1 1 11 1 1 • • 11 11 Ii •1 1 11 11 1 11 11 11 1 • 11 /1 11 1 1 11 11 /1 1 • 1 1 • 11 • /1 11 •1 11 •1 1 11 1 1 11 •1 /1 1 11 1 1 \ 1 11 11 11 • •1 • / 11 1 /1 • 11 1 1 11 1 • 11 • 11 1 1 \ •1 •1 • 11 • • 11 1 1 11 11 •1 1� •1 1 • /1 // 11 1 II 11 11 /1 /1 11 11 1 11 11 /1 11 I 1 1 •1 • 11 •1 �1 1 1 /1 1 11 /1 • 1 • 11 /1 � •1 • 1 11 /1 I� /1 11 • • 1 • 1 1 Ii 11 1 /1 1 11 11 11 1 II 1 1 1 // 11 1 11 11 •1 11 1 • 1 1 •1 /1 11 1 1 •1 1 II •1 1 • 1 1 /1 11 11 1 Ii /1 11 1 /1 11 11 11 11 1 •1 11 • 11 •1 11 11 11 11 • • 11 11 ; • 1 1 Ii 1' 1 11 1 1 • 11 • 1 • •1 ; •1 11 11 11 •1 Ii // 11 1 1 1 11 11 /1 1� 11 1 11 11 11 1 11 11 1 /1 1 11 1 • 1 11 • 1 11 • 1 /1 1 11 •1 11 II 11 11 /1 • 1 1 1 11 11 11 11 •I 1 II 11 • 11 1 11 1, \ 11 1 // 1 11 11 11 11 •1 II 11 11 1 11 11 1 1 1; 1 11 11 1 1 • 11 1 1 11 • 11 • 1 1 1 •1 1 • 11 1 1 1 11 11 11 11 11 •1 11 1 11 11 1 1 • II 1 11 11 11 • •1 11 1/ 11 11 /1 „ 11 11 11 1 • 1 1 1 • 1 1 • 11 11 • •1 1 11 11 • 11 11 11 •1 11 II 11 11 1 • • I, 1 11 1 11 11 • 1/ 11 Ii 11 • •1 11 • \ \ 11 1 11 /1 1 // 11 11 11 11 11 •1 1 11 � 1 1 1 • 1 1 11 1 • 11 11 11 11 11 /1 11 1/ 11 /1 1 Ii 11 11 11 11 11 11 11 11 11 /1 •1 11 11 • tl 11 11 •1 ,1 11 11 1 11 1 • 1 11 11 11 1 11 1 •1 1 /1 11 11 /1 1 •1 1 11 1 1 11 11 II � 1 11 11 1 11 1 1 11 11 1 \ \ 1 • 11 11 � 11 11 11 11 Ii 11 11 1 • 1 •1 11 11 11 1 1 \ 11 11 1 1 11 1 11 11 11 1 • • •1 1 •1 •1 11 11 1 1 \ /; 11 11 •1 1 • \ 11 /1 11 11 •1 11 /1 11 1 1 // 1 11 11 1 1 •I 1 1 •1 1 11 • 1 •1 1 11 1 /1 11 /1 � /1 1 • 1 • /1 • 1 11 /1 /1 /1 11 1 '� • 11 • 1 11 11 11 11 11 • 11 � 11 11 /1 /1 /1 11 11 1I �1 /1 •1 11 1 �1 11 1� 11 11 /1 1 • 11 1/ /1 11 11 11 1 1 1 /1 11 11 1 11 1 I 11 11 1 11 • 1 . 11 11 1 11 1 1 � 1 • 1/ •1 11 1 \ 11 1 1 // 1 •1 11 •1 • : 11 • 11 11 1 1 11 11 /1 1/ 11 � 11 • 11 1 11 1/ /1 1 11 \ 1 '1 1 /1 11 11 1 1 11 ,I 1 `1 �1 • 11 • 11 • 1 11 11 • • 11 1 1 11 1. 1 1 1 1. 1 1. 1 1 11 \ 11 11 \ 1/ 11 • 11 1 11 •1 • 1 11 • 1 1 •1 •1 11 • 1 11 11 1 •1 11 • /1 11 • 11 1 11 11 1 1 1 /1 • 11 1 11 11 •1 1/ t1 •1 1 1 •il 11 • /1 11 •il 11 11 •il i \ 11 11 •1 11 •1 1/ 11 11 1/ 1 11 1 1 1 •� 11 •1 11 11 • 11 • 1 11 1 11 11 1 11 •1 11 11 11 •1 •1 ( 11 11 11 11 1 11 \ 11 11 , • /1 • I 11 �� 11 11 11 11 11 •1 1 1 11 • 1 1 11 11 11 11 1 • 11 • 11 /1 11 11 11 1 11 11 11 /1 1 1/ 11 1 11 •1 11 I/ 1 '1 11 •I 11 11 1 I 11 1 ,1 11 ................"I'll, .......... Piq M"r.90M P.M.- ......... ............... - ---—--—-----------—----- - --- WIN. ----—----- MEN . RM ...............—-----........... ..................—------- —------ Z .......... ...... .... ...... I ITU, Ir Ir E - --------—--------—---------------- ZI .............. ...... I.T I EMS" ........... ............ ............... nn .................. r.7n=mm. . 10 .................... a6 PFOU F;hAll U101 . (2) Hold hearings, adFn4R*StGF eathrg aF;d take and- ren-e-rd- testiFAGRy. 6Q"Qt U6UlE�t+QRF (Gede 1958, 34 20� Sec. 26-37. Same--Hewings, . // •1 • 11 • 1 11 •1 •1 • • 11 I •/ 11 1 • • 11 11 11 • •1 11 •1 • • •1 11 11 • 1 •1 • 11 1 1 /1 •1 • 1 • 11 1 •1 •1 1 11 •1 11 • 11 •1 11 11 •1 1 1 •1 1 • 11 •1 • 1/ 11 • • •1 • 1 •1 1 11 1 11 •1 •1 1 1 • 11 11 • 1' 11 11 11 11 11 •1 1 11 11 11 11 11 • • 11 •1 11 •1 • 1 11 11 11 11 1 11 • 1 1 1 /1 1 11 11 1 • • • • 11 • •1 11 11 • 1 • 11 � 1 1 11 11 11 1 11 \ •1 ;; •1 1 11 11 11 •/ 11 11 1/ 1 11 11 •1 1 11 • 11 11 •I •1 • •1 •1 11 • 11 1 11 •1 II 1 • 11 11 • 11 •I 1 /1 /1 II •1 I •1 11 •1 • • 11 1 11 • 11 •1 •1 11 •1 11 • 11 •1 •/ • • •1 •1 11 • •1 •1 •1 1 11 •1 11 11 11 1 11 11 11 •I • 11 11 •I II 11 •1 •1 •1 11 •1 11 1 11 11 11 1 • 1 11 11 •1 •1 11 •1 • 11 • 1 11 • 11 • • •1 1 11 1 11 1 •1 •1 • 11 11 1 •1 /1 1 11 • 1 11 1 11 1 • •1 1 11 II •I 1 11 11 11 • 11 • 11 • •1 11 •1 11 11 11 11 • ;1 •1 11 •1 1 11 •1 11 11 11 • 11 11 • 11 1 1 • 1 • 11 11 11 1 11 •1 11 1 11 •1 •1 • 11 11 • • • 1 11 1 • 11 • II 11 11 • •1 •I 11 •1 11 11 • • 11 •1 •1 • • \ • 1 11 • • • •1 •1 1 •1 1 /1 I •1 11 11 1 •1 11 •1 11 11 11 11 11 11 •I 11 •1 11 11 •1 1 11 1 11 •1 11 11 I 1 •1 •1 • 11 • 11 •1 1 11 •1 •I •1 11 11 •1 •1 11 11 11 1 II • ,1 1 11 1 1 • 1 • 11 11 1 11 1 11 •1 11 11 / 11 • 1 11 11 /1 11 11 • 11 1 1 • 11 11 •1 11 • 1 1 1 • 1 •/ 11 • • : � 11 •1 1 1 •1 1 /1 •1 11 •1 11 1 ' 11 1 •1 11 /1 11 • 11 •1 •I 1 /1 •1 11 /1 11 /1 •1 �1 • •I • • 1 • 11 11 /1 11 � • 11 11 1 11 11 11 11 11 1 11 1 // 11 11 11 11 ,1 11 •i •1 1 11 11 1 11 ; II •1 11 • 11 11 1 • 11 11 11 11 •1 11 1 1 11 • 11 11 11 1 1 • /1 •1 1 • � 11 11 •1 1 1 1 • •1 1 • 11 1 • •1 1 1 11 • •1 •1 1 1 11 •1 • '� 1 1 1 11 1 1 11 1 1 / •1 1 • 11 11 •1 11 11 1 11 11 I� 1 1 11 1 • • 1 11 1 /1 1 • •1 1 •1 11 11 11 11 1 •1 11 • 11 11 •1 • Ii •1 1 11 •1 1 •1 • 1 •1 11 1 • 11 • 1 •1 1, • 1 1 1 1 • 11 1 11 1 •1 1 •1 1 1 •1 11 •1 1 • 11 11 • 11 1 1 •1 1 /1 11 /1 • •1 1 •1 •1 •1 11 1 11 ,1 1 � •1 11 ;1 • 11 11 1/ 1 11 11 11 •1 11 • 1 11 1 • 11 /1 11 /1 11 1 1 1 11 • 1 •1 11 1 11 1 11 /1 11 •1 /1 • /1 /i 11 11 1 •1 1 •1 •1 •1 11 - 1 •1 1 1 11 •1 � 1 1 1 1 • 1 11 11 • 11 I •1 •1 • / II 1 11 11 • •1 1 11 11 •I 11 11 11 •/ 11 1 II 1 1 1 11 1i 11 •1 1 1 •1 11 II /1 • • � 1 • 1 • /1 • 1 1 � 11 11 11 11 11 11 11 11 11 11 1 1 •1 •1 1 • 1 11 11 1 1 II 1 1 1 • 1 �1 •1 1 11 •1 II •, 11 1 • • 11 1 11 1 •1 1 11 11 • 1 1 11 11 1 •1 / •1 •I � •1 • 1 11 • •I 11 11 •1 1 • 11 •1 1 11 1 11 II 11 11 1 11 /1 •I 11 •1 • 11 11 11 11 • 11 1 �, •1 •1 •/ 11 11 it 11 •I •1 1 11 ■1 II •1 1 •1 11 1 11 11 • II •1 I 1 11 /1 11 /1 1 • 11 1 • •1 • • 1 11 • 1 1 •1 11 1 •1 •1 • 11 •1 11 11 11 • 11 •I 11 •1 11 / 1 • 11 1 /1 • 1 11 � 11 •1 I 11 1 •1 •1 11 Ii 1 1 • 1 1 11 •1 /1 1 11 II 11 11 • • 1 11 I •1 1 1 11 •1 11 11 1 1 • 11 •1 •1 1 11 .1 1 1 1 '1 ' 11 •1 /1 • •I • 11 • •1 1 /1 � 11 1 11 1 1 11 11 •1 •1 1 I 11 • 11 11 �. •1 11 11 • •1 1 • • •il 1 11 11 1 • • 11 11 11 • 11 • 11 1 11 1 11 •1 • • 11 I 11 � 1 •1 •1 11 •�1 11 •1 •�1 1 11 11 1 •1 11 •1 •1 • 11 1 11 •1 11 11 • 11 • 1� 1/ 1 •1 1 1 •1 •1 1 • II 1 �1 •1 11 11 • 1 • • 11 1 • 1/ •1 1 ; •I • 1/ 11 1 /1 11 �I 11 11 1 •/ 11 11 • 1 1 •1 • • 11 • • 11 � •1 1 • 1 11 1 ,1 11 /1 11 •1 11 11 • 11 1 •1 11 •1 •1 II •1 i •1 11 11 11 1 •1 11 11 1 • •1 •1 11 • 11 1 1 1/ /1 • 11 •1 1 •1 � 11 1 / 11 •/ 1 • 11 1 1 1 11 •1 1 11 11 1 � 11 1 1 11 •1 1 11 • 11 11 I I 11 1 11 •1 11 11 ' '1 11 11 11 11 • • ,1 /) 11 1 11 I M.Mcr-r. Oft-W- 1 ................------------------................... ............. ................. ...... 2"1.2 0 1".W ................... ANA .01, IN .1 i 1,PAN"Al ft. WWI. e. I.r.w3l A KIWI= I ORANNA-m- -rm"m I AA .............. ................ WA I~AA rATXI.V-Omm ---------------------- A MAITTEM."l-A WN*A- 01- .M. 11110, ----------- ...... .......... . ....................... A AA AMA T7lrqr "No"T A. .......... ...... ........................ Al-T, --—-------—--- - --------.... ... ....... ............ Mimi All. W 1 1. -------------- ------ - ................. ...... ---- -------.................... . . ----------------------------------- ......................... .e!d M:rwl". r.T7-rAT.qmATvwf".Tfrr.7=".T-.W.rier.7;.".a A". .......... A A W~. -A 72".Iz"TTT7r.Wl.q ■ • .1m I holder-emit. Sem. 25-44. Additional pen8lty fGF delinquent taxes. tAwqr, for the (b) The ame-upt of penalty rhall be fi#98R (15) P9F G-9-At Of thA- -Amilln-unit of taxes, paym8W of said penalty.- Secs. 25-45--25-49. Reserved. ARTICLE III. HOTEL OCCUPANCY TAX Sec. 25-50. Definitions. As used in this article, the following terms shall have the respective meanings ascribed to them: Consideration: The cost of the room in a hotel and shall not include the cost of any food served or personal services rendered to the occupant of such room not related to the cleaning and readying of such room for occupancy. Hotel. Any building or buildings in which the public may for consideration, obtain sleeping accommodations. The term shall include but not be limited to hotels, motels, bed and breakfast facilities, tourist homes, houses or courts, lodging houses, inns, rooming houses or other buildings where rooms are furnished for consideration, but "hotel" shall not be defined so as to include hospitals, sanitariums or nursing homes. Occupancy:The use or possession, or the right to the use or possession, of any room in a hotel for any purpose. Occupant:Any person who, for a consideration, uses, possesses or has a right to use or possess any room or rooms in a hotel under any lease, concession, permit, right of access, license, contract or agreement. Permanent resident:Any occupant who has or shall have the right to occupancy of any room in a hotel for at least thirty (30) consecutive days during the current calendar year or preceding year. Person: Any individual, company, corporation or association owning, operating, managing or controlling any hotel. Quarterly period.The regular calendar quarters of the year, the first quarter being composed of the months of January, February and March, the second quarter being the months of April, May and June, the third quarter being the months of July, August and September, and the fourth quarter being the months of October, November and December. (Code 1958, § 34-40; Ord. No. 93-70, § 1, 11-23-93) Sec. 25-51. Levy; rate; exceptions. (a) There is hereby levied a tax upon the cost of occupancy of any room or space furnished by any hotel where such cost of occupancy is at the rate of two dollars ($2.00) or more per day, such tax to be equal to seven (7) per cent of the consideration paid by the occupant of such room to such hotel. (b) No tax shall be imposed hereunder upon a permanent resident. (c) Reserved. (Code 1958, § 34-41; Ord. No. 77-88, § 1, 8-16-77; Ord. No. 83-94, § 1, 8-30-83; Ord. No. 88-33, § 1, 4-5-88) Sec. 25-52. Collection. Every person owning, operating, managing or controlling any hotel shall collect the tax imposed in this article for the city. (Code 1958, § 34-42) Sec. 25-53. Reports. Hotels that owe less than five hundred dollars ($500.00) in hotel occupancy taxes to the city for any calendar month may report and remit the tax on the 20th of the month following each calendar quarter. Hotels which owe more than five hundred dollars ($500.00) each month must file their hotel tax report and remittance on the 20th of the month following each calendar month in which more than five hundred dollars ($500.00) is owed. Such hotel shall report and remit the tax to the city's cash management division. The required report must show the consideration paid for all room occupancies in the preceding month or quarter, the amount of the tax collected on such occupancies and any other information the city's cash management division may reasonably require. (Code 1958, § 34-43; Ord. No. 01-079, § 1, 10-16-01) Sec. 25-54. Rules and regulations. The ity manager or his designee shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. (Code 1958, § 34-44) Sec. 25-55. Penalties. If any person shall fail to file a report as required herein or shall fail to pay to the tax the tax as imposed herein when said report or payment is due, he shall forfeit five (5) per cent of the tax amount due as a penalty, and after the first thirty (30) days he shall forfeit an additional five (5) per cent of such tax; provided, however, the penalty shall never be less than one dollar ($1.00). Delinquent taxes shall draw interest at the rate of six (6) per cent per annum beginning sixty (60) days from the date due. (Code 1958, § 34-45) Sec. 25-56. Reimbursement for collection costs. Those persons who are required to collect the tax imposed herein who report and pay the tax to the city in a timely manner, as required by section 25-53 herein, may deduct and withhold from the payment to the city, as reimbursement for the cost of collecting the tax, an amount equal to one (1) per cent of the amount of the tax collected and required to be reported to the city. The reimbursement provided for herein shall be forfeited for failure to pay the tax or to file reports in a timely manner as required by section 25-53. (Ord. No. 82-11, § 1, 1-26-82) ARTICLE IV. EXEMPTION FOR HISTORICALLY SIGNIFICANT SITES* *Editor's note: Ord. No. 83-24, § 1, adopted Mar. 22, 1983, amended the Code by adding provisions designated as Art. IV, §§25-57--25-62, to read as herein set forth. Cross references: Ad valorem tax, § 25-20 et seq. State law references: Exemptions for historic sites, V.T.C.A., Tax Code § 11.24. Sec. 25-57. Definitions. As used in this article, the following terms shall have the meanings ascribed to them: (a) Historically significant site in need of tax relief to encourage preservation means a structure, together with the land necessary for access and use of the structure, which is determined pursuant to the terms of this article to be in substantial need of rehabilitation or restoration and located either in the National Register of Historic Places as contributing to or compatible with a historic district or be located in a H-C, historical cultural landmark preservation overlay district designated by the City of Beaumont and certified by the historical landmark commission as being of historic significance to the city. (b) Rehabilitation is defined as the act or process of returning a structure to a state of utility through repair or alteration which makes possible an official contemporary use while preserving those portions or features of the structure that are significant to its historical, architectural and cultural values. (c) Restoration is defined as the act or process of aggregately recovering the form and details of a structure and its setting as it appeared at its significant historical, architectural or cultural period of time by means of the removal of later work or by the replacement of missing earlier work. (d) Structure is defined herein as a building located within the City of Beaumont. (e) Residential building means a building whose use after rehabilitation or restoration will be for a single-family dwelling, or two-, three-or four-family dwelling. (f) Commission means the City of Beaumont Historical Landmark Commission. (g) Certification means the attestation by the historical landmark commission that the structure in question is an "historically significant site in need of tax relief to encourage preservation" and that the plans submitted will substantially rehabilitate or restore the structure. (h) Verification means the approval by the City of Beaumont Historical Landmark Commission that the rehabilitation or restoration of an "historically significant site in need of tax relief to encourage preservation" was substantially completed. (i) Certified applicant means an applicant pursuant to this article whose plans for the restoration or rehabilitation of a historic structure have been approved pursuant to section 25-60 herein. Q) Assessed value prior to preservation means the value assessed by the Jefferson County Appraisal District for the tax year of verification. (k) Commercial building means a building whose use after rehabilitation or restoration will be for other than a single-family dwelling, duplex, or three- or four-family dwelling. (Ord. No. 83-24, § 1, 3-22-83; Ord. No. 85-33, § 1, 3-26-85; Ord. No. 88-76, § 1, 8-16- 88) Sec. 25-58. Historic structure preservation tax exemption for residential and commercial buildings. In accordance with the provisions of this article, a residential or commercial building which meets the definition of an "historically significant site in need of tax relief to encourage preservation" and which is substantially rehabilitated and/or restored as certified by the commission shall have the assessed value for ad valorem taxation equal to the assessed value prior to preservation for a period of ten (10) years. This exemption shall begin on the first day of the first tax year after verification of completion of the preservation required for certification; provided that: (a) The building shall comply with the applicable zoning regulations for its use and location; and (b) The deed, grant, sale, bequest, devise, foreclosure or receivership, bankruptcy or other transfer of ownership in the property or any part thereof, other than a lease of less than fifteen (15) years' duration, except the donation of an historic easement on an exempt structure which donation shall qualify as a charitable contribution under section 170(f)(3) of the Internal Revenue Code and its regulations as now exist or as they may hereafter be amended, shall cause the exemption provided herein to terminate on the last day of the tax year on which such transfer occurs. (Ord. No. 83-24, § 1, 3-22-83) Sec. 25-59. Application process. Applications for an historic structure preservation tax exemption pursuant to this article are to be filed with the planning department for submission to the commission. Each application shall be signed and sworn to by the owner of the property and shall: (a) State the legal description of the property proposed for certification; (b) Provide proof of title in the applicant to the property proposed for certification; (c) Include an affidavit by the owner describing the historic significance of the structure in need of tax relief and its compliance with the requirements of section 25-58 herein; (d) Provide proof that taxes or other assessments are not delinquent on the property; (e) Include a final complete set of plans for the historic structure's restoration or rehabilitation; (f) Include a statement of costs for the restoration or rehabilitation work; (g) Include a projection of the estimated construction time and predicted completion date of the historic restoration or rehabilitation; (h) Authorize the members of the commission and city officials to visit and inspect the property proposed for certification and the records and books of the owners as necessary to certify that the property in question is in substantial need of restoration or rehabilitation; (i) Include a detailed statement of the proposed use for the property; and Q) Provide any additional information to the board which the owner deems relevant or useful such as the history of the structure or access to the structure by the public. Each application shall contain sufficient documentation conforming or supporting the information submitted therein. (Ord. No. 83-24, § 1, 3-22-83) Sec. 25-60. Certification process. Upon receipt of the sworn application, the commission shall make an investigation of the property and shall certify the facts to the plaRRiRg stGF lap nning manager of the City of Beaumont within thirty (30) days along with the commission's documentation and recommendation for approval or disapproval of the application for exemption. Upon receipt of the application for tax exemption as well as the recommendation of the board, the city's fflaRRiRgdireste planning manager shall immediately forward the application to the city council and, within thirty (30) days, the council shall approve or disapprove eligibility of the property for tax relief pursuant to this article. Approval or disapproval shall be provided in writing to the applicant. In determining eligibility, the city council shall first determine that all the requirements of this article have been met and that only the historic structure and the land reasonably necessary for access and use thereof is to be provided favorable tax relief as provided in section 25-58 herein. (Ord. No. 83-24, § 1, 3-22-83) Sec. 25-61. Verification process. Upon completion of the restoration and rehabilitation, the certified applicant shall submit a sworn statement of completion acknowledging that the "historically significant site in need of tax relief to encourage preservation" has been substantially rehabilitated or restored as certified by the commission. The commission upon receipt of the sworn statement of completion, but no later than thirty (30) days thereafter, shall make an investigation of the property and shall approve or disapprove the fact that the property has been substantially completed as required for certification. If verification of completion shall be deemed unfavorable, the certified applicant shall be required to complete the restoration or rehabilitation in order to secure the tax exemption provided herein. If the verification of completion is favorable, the commission shall notify the chief appraiser of the Jefferson County Appraisal District in writing of compliance. Thereafter, the chief appraiser of the Jefferson County Appraisal District shall provide the property with the historic tax exemption provided in section 25-58 herein. (Ord. No. 83-24, § 1, 3-22-83) Sec. 25-62. Reserved. Editor's note: Ord. No. 88-76, § 2, adopted Aug. 16, 1988, repealed § 25-62, pertaining to exceptions which derived from Ord. No. 83-24, § 1, adopted March 22, 1983. Secs. 25-63--25-65. Reserved. ARTICLE V. BINGO GROSS RECEIPTS TAX* *Editor's note: Ord. No. 83-152, § 1, adopted Nov. 22, 1983, added provisions designated as § 25-44 which have been redesignated by the editor as Art. V, § 25-66, for purposes of classification. Sec. 25-66. Levied. There is hereby levied a two (2) per cent tax on the gross receipts of bingo games conducted within the city. of bipge gamer, eaGh month. The tax is levied in accordance with Article 179(d) of Vernon's Annotated Civil Statutes. (Ord. No. 83-152, § 1, 11-22-83) Secs. 25-67--25-70. Reserved. ARTICLE VI. TAXATION OF LEASED MOTOR VEHICLES* *Editor's note: Ord. No. 01-101, § 1, adopted Dec. 18, 2001, added a new section 24- 45, pertaining to taxation of leased motor vehicles. The editor has determined that the provisions of said ordinance pertain to taxation and has included said ordinance herein as article VI, section 25-71. Sec. 25-71. Taxation of leased motor vehicles. Leased motor vehicles, as defined in Tax Code section 11.&'*252, leased within the city are subject to taxation. The exemption from taxation provided by Tax Code section 11.252 shall not apply to such vehicles and shall not apply to the city as provided in Tax Code section 11. 5252. (Ord. No. 01-101, § 1, 12-18-01) ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 25, ARTICLE I, SECTIONS 25-3 AND 25-4, ARTICLE II, SUBSECTIONS 25- 20(b) AND (e) AND SECTION 25-27, ARTICLE III, SECTIONS 25- 54 AND 25-55, ARTICLE IV, SECTION 25-60, ARTICLE V, SECTION 25-66 AND ARTICLE VI, SECTION 25-71 AND REPEALING ARTICLE I, SECTIONS 25-1 AND 25-2, ARTICLE II, SECTIONS 25-21 THROUGH 25-26 AND SECTIONS 25-28 THROUGH 25-44, 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 25, Article I, Sections 25-1 and 25-2, be and the same are hereby repealed. Section 2. That Chapter 25, Article I, Section 25-3, be and the same is hereby amended to read as follows: Sec. 25-3. Tax levy required; rendering property; requirements. The taxes of the city shall be levied and paid pursuant to Article VIII of the charter. The city shall adopt a tax rate for the current tax year and notify the city's assessor of the rate adopted in accordance with section 26.05 of the Tax Code. Section 3. That Chapter 25, Article I, Section 25-4, be and the same is hereby amended to read as follows: Sec. 25-4. Payment of taxes prerequisite to receipt of money due from city. No money shall be paid by the city upon any account whatever to any person who is indebted to the city for taxes owed. Section 4. That Chapter 25, Article II, Subsections 25-20(b) and (e), be and the same are hereby amended to read as follows: Sec. 25-20. Homestead exemption for persons over sixty-five. (b) In order to secure the benefit of the exemption, the owner shall file an exemption application form with the chief appraiser of Jefferson County Appraisal District. (e) In order to secure the exemption, the disabled owner shall file an exemption application form with the chief appraiser of Jefferson County Appraisal District. Section 5. That Chapter 25, Article II, Sections 25-21 through 25-26 and 25-28 through 25-44, be and the same are hereby repealed. Section 6. That Chapter 25, Article II, Section 25-27, be and the same is hereby amended to read as follows: Sec. 25-27. Delinquency penalties and interest--Amounts of penalties. A person who fails to pay an ad valorem tax assessed by the City on or before its due date is subject to the delinquency provided in Chapter 33 (Delinquency) of the Texas Tax Code. Section 7. That Chapter 25, Article III, Section 25-54, be and the same is hereby amended to read as follows: Sec. 25-54. Rules and regulations. The city manager or his designee shall have the power to make such rules and regulations as are necessary to effectively collect the tax levied herein, and shall upon reasonable notice have access to books and records necessary to enable him to determine the correctness of any report filed as required by this article and the amount of taxes due under the provisions of this article. Section 8. That Chapter 25, Article III, Section 25-55, be and the same is hereby amended to read as follows: Sec. 25-55. Penalties. If any person shall fail to file a report as required herein or shall fail to pay the tax as imposed herein when said report or payment is due, he shall forfeit five (5) per cent of the tax amount due as a penalty, and after the first thirty (30) days he shall forfeit an additional five (5) per cent of such tax; provided, however, the penalty shall never be less than one dollar ($1.00). Delinquent taxes shall draw interest at the rate of six (6) per cent per annum beginning sixty (60) days from the date due. Section 9. That Chapter 25, Article IV, Section 25-60, be and the same is hereby amended to read as follows: Sec. 25-60. Certification process. Upon receipt of the sworn application, the commission shall make an investigation of the property and shall certify the facts to the planning manager of the City of Beaumont within thirty (30) days along with the commission's documentation and recommendation for approval or disapproval of the application for exemption. Upon receipt of the application for tax exemption as well as the recommendation of the board, the city's planning manager shall immediately forward the application to the city council and, within thirty (30) days, the council shall approve or disapprove eligibility of the property for tax relief pursuant to this article. Approval or disapproval shall be provided in writing to the applicant. In determining eligibility, the city council shall first determine that all the requirements of this article have been met and that only the historic structure and the land reasonably necessary for access and use thereof is to be provided favorable tax relief as provided in section 25-58 herein. Section 10. That Chapter 25, Article V, Section 25-66, be and the same is hereby amended to read as follows: Sec. 25-66. Levied. There is hereby levied a two (2) per cent tax on the gross receipts of bingo games conducted within the city. The tax is levied in accordance with Article 179(d) of Vernon's Annotated Civil Statutes. Section 11. That Chapter 25, Article VI, Section 25-71, be and the same is hereby amended to read as follows: Sec. 25-71. Taxation of leased motor vehicles. Leased motor vehicles, as defined in Tax Code section 11.252, leased within the city are subject to taxation. The exemption from taxation provided by Tax Code section 11.252 shall not apply to such vehicles and shall not apply to the city as provided in Tax Code section 11.252. Section 12. 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 13. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 14. 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 5th day of June, 2007. - Mayor Becky Ames - 3 June 5,2007 Consider approving a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line on Cunningham Street ..,... K City Council Agenda Item M " TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line of Cunningham Street. RECOMMENDATION The Administration recommends approval of a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line of Cunningham Street subject to the following conditions: 1. Retention of a 60'wide general utility and drainage easement. 2. No structures or appurtenances shall be placed with the easement. 3. Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. BACKGROUND Gerald McCaig, representing Lamar University, is requesting that Georgia Avenue be abandoned from Cunningham Street to University Avenue. Mr.McCaig states that with the addition of the new residential facility south of Iowa, student pedestrian traffic will dramatically increase on Georgia Avenue. Students currently must cross Georgia to reach the parking lots at Speech and Hearing and Brook/Shivers Hall. Vehicular traffic on Georgia has increased with the closing of Iowa. The closing of vehicular traffic to the interior of the campus is part of the University's campus master plan. The type of barriers that will be installed will be of the type that could be knocked over by emergency vehicles and then return to their upright position. In 1968, that portion of Georgia between Cunningham and Rolfe Christopher was abandoned. 1 Located within the subject right-of-way are 6"water and sanitary sewer lines and underground storm sewer lines. At a Regular Meeting held May 21,2007,the Planning Commission voted 7:0 to approve a request to abandon a portion of Georgia Avenue from the east right-of-way line of University Avenue to the west right-of-way line of Cunningham Street subject to the following conditions: 1. Retention of a 60'wide general utility and drainage easement. 2. No structures or appurtenances shall be placed with the easement. 3. Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. File 716-O B: Request to abandon a portion of Georgia. Avenue from the east right-of-way N line of Univeisity Avenue to the west right-of-way line of Cunningham Street. Applicant: Gerald McCaig for Lamar University 0 100 200 300 400 Feet Legend ® 7160B Z < m v A n C x z z c� x n m m IOWA ST -{ C z < M OREGON AVE N v i ORDINANCE NO. ENTITLED AN ORDINANCE VACATING AND ABANDONING A PORTION OF GEORGIA AVENUE FROM THE EAST RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE TO THE WEST RIGHT-OF-WAY LINE OF CUNNINGHAM STREET, BEAUMONT, JEFFERSON COUNTY, TEXAS. BE IT ORDAINED BY THE CITY OF BEAUMONT: THAT a 60' x 1,108' portion of Georgia Avenue, extending from the east right-of-way line of University Avenue to the west right-of-way line to Cunningham Street, City of Beaumont, Jefferson County, Texas, containing 1.52 acres, more or less as shown on Exhibit "A" attached hereto, be and the same is hereby, vacated and abandoned and that title to such property shall revert to and become the property of the persons entitled thereto, as provided by law, subject to the following conditions: • retention of a 60' wide general utility and drainage easement; • no structures or appurtenances shall be placed within the easement; and • Water Utilities will not be responsible for any surface restoration when water main or sanitary sewer main repairs are necessary. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007 - Mayor Becky Ames - 4 June 5, 2007 Consider approving a request for a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial)District at 145 E. Alma.and 3280 Shannon • i ...... City Council Agenda Item 0 M c TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request for a zone change from RS (Residential Single Family Dwelling) to NC (Neighborhood Commercial) District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial)District at 145 E. Alma and 3280 Shannon. RECOMMENDATION The Administration recommends approval of a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District and a specific use permit to allow a church- related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial)District at 145 E. Alma and 3280 Shannon with a modification to the landscaping/screening requirements along the north property line. BACKGROUND Rosetta Jones,pastor of Kingdom Connection Outreach Church, is requesting a zone change from RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial)District and a specific use permit to allow a church-related food bank,clothing distribution center, food service and related social services in an NC District. Kingdom Connection Outreach Church is focused on improving the quality of life in the South Park community by providing a food bank,neighborhood clothes closet,meal service and assistance with housing needs. Kingdom Connection Outreach Church has purchased a vacant 8,770 sq. ft. building that was formerly used as a machine shop. The church would like to use the building as part of its outreach to the neighborhood by providing a number of social programs. Pastor Jones states that she would like the zone change to allow her to provide the various church-related community services that she proposes. The current zoning boundary splits the vacant commercial building. At a Joint Public Hearing held May 21,2007,the Planning Commission voted 7:0 to approve a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood Commercial)District and a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial) District at 145 E. Alma and 3280 Shannon with a modification to the landscaping/screening requirements along the north property line. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED RS (RESIDENTIAL SINGLE FAMILY DWELLING) DISTRICT TO NC (NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 145 E. ALMA AND 3280 SHANNON, BEAUMONT, JEFFERSON COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as RS (Residential Single Family Dwelling) District to NC (Neighborhood Commercial) District for property located at 145 E. Alma and 3280 Shannon, being Lots 8 - 10, Block 4, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.45 acres, more or less and shown on Exhibit "A," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 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. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 this the 5th day of June, 2007. - Mayor Becky Ames - File 1883-ME: Request for a zone change from RS (Residential Single Family Dwelling)to NC (Neighborhood commercial)District and a specific use permit to allow a church-related rj food bank, clothing distribution center, food service and related social services in an RS (Residential Sing le Family Dwelling)) or NC (Neighborhood od Comme District. Location: 145 E. Alma and 3280 Shannon Applicant: Kingdom Connection Outreach Church 0 50 100 150 200 250 Feet l i i I I f I 1^ Legend ® 1883ZP L E CHAPIN ST CHAPIN ST D z z O z M UJ G) <> Mzz c� E ALMA ST .ALMA ST 7TI! I EXHIBIT "A" s $W N. 45'LOT 14 A BLOCK 14 vol A DEBORAH MAYO d RODERICK MAYO I p CF. NO. 2000001417 M OPRJC (CAL S 7 (CC 15aOO7 sEr s a' FND N89'4319 E 150.17" SEr u FND S00'07%7'W 5.00" `Ot L - L ROD I(XL001 RU I�2 L RODW1 GP FNO I' V iD N00'00'00"E 5.00 F DI SW5214 E.99.45' ScM6tO WI'FgP L PIPE V - - - - -- -- -- - - - (GILL 1007 - _- - 3teo' ' x- _________-- FND s6?56?41:,9.89' FND 1-I/4- I no r L PIPE c1g°•i CRZ 5000 L PIS Ss'L0r 143 I �) i N0° N 40'LOTS I I, 12 3 I3 ' WY AlA'AHpE/1 et.ux. I i 145 EAST AAMA STREET VOL 120.1 PG.t. I COt26td 3297,J285,3275 HIGHLAND AVENUE aeo 0.X I ORX BFAUMONT, TEXAS 77705 2e.70 Lots 9, 10, 11, 12, 13 and the South 5 feet of META R I "� Lot 14 in Block 4 of the SOUTH END ADDITION to N BBIOMG NNALD116 -----------I the City of BeoumonC according to the plat recorded in Volume 3 Page 149 of the Map 29.90• I- fit] Records of Jefferson County Tesas. W 50.90' 1100' r ����SHIDP,� Owner.Kingdom Outreach Church o VOL 194 M 467 8 A -j'� ,0' .: rn9 n Q o i N �1 "' X05 A I LOT'10 BLOCK 4 I °? : ><+ Cms-26.00 I MCLE00 M-Wow .INC. I `4, �; 3 ',� IFoaccordance rd Boundary Mo p i I _. _..__..-._.. .- _--H7L:-N74.-A0. 77 � g 7 P. sasa. 10'x' JO'X 45'OUT 3 DRJC Q Department of Housing and FART OF LOT ll I I ;31 � N La) Z Urban DevebpmenL V' y bra Aq P, H.B.MC EOD eL us. I ` Z Community No.:485457 _gyp AS vol t VOL 79J,PC.J72 p 1 1 Y .r `OS 4420' x-1 iRACT1TFIEE -...'.i.._._-��SL�_-- Vol 9 TJ SOS 9 Datelo FIRM.8-6-02 t Cn This property tries in Zone X-(while). E 0-T—0 I � BLOCK 4 Z Location on map determined by scale PART OF LOTS 11 k I f7 JAMES A SMITH on map.Actual field elevation not 'N S.MLSEOD.et.us. R ' . 104-13-1893 determined.Mark W. Whifeley and SIM ° ' VOL 4J2,PC.36 I 1 OPld1C Associates does not warrant nor BBIDNG ? DlLff O subscribe to the accuracy or scale I a 70.70' �..`� of said mops. Zone X'(white)are areas determined to be SET SCRIBED i - 7+0 L'0VM outside 500-year food plain. X'IN CONC. Ism' M i 4 HD I 'L�W w fPD 374' AUST' PFE TO THE OWNERS OF THE PREMISES SURVEYED `-------- 7.491V 49.99' AS OF THE DATE OF THE SURVEY- FND S8 (C4LL 50007 1. iFroAFAS s. ROW 00 HEREBY cER11Fr THAT THIS SURVEY WAS THIS OAr 8 MADE ON THE SURFACE OF THE GROUND OF THE PROPERTY LEGALLY DESCRIBED \ HEREON AND IS CORRECT. 1 FIND NO DISCREPANCIES, SHORTAGES IN ARFA 8TH ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF 8 THE GROUND, EXCEPT AS SHOWN HEREON. ALL RLxYY &FASF]EMR SHOW AND \ ALMA STREET N01ED PER BEAMONT RI � LL CQ1 "GF.No. 98954394 DATE SURVEYED: MARCH 7. 2007 .�E OF:2 m DATE REVISED:MARCH 13. 2007 ,tP:����Eq•.;f c °� ............................. FND I' `—°`— . °`—ac °"`- THOMAS S.ROWE L PIPE 9i:yaF5728 �Pr? Z�..,Esst° yam SUF`1 m THOMAS S. ROWS - REGISTERED PROFESSIONAL LAND SU . 5728 0 X41E 1. NOTHING IN THIS SURVEY IS INTENDED TO EXPRESS AN OPINION REGARDING MARK N. WHITELEY P. 0. BOX 6482 OWNERSHIP OR TIRE AND ASSOCIATES BEAUMOM. TEXAS 77728-5492 2. THE WORD COMFY IS WIDERSTOOD TO BE AN EXPRESSION OF PROFESSIONAL JUDGMENT BY THE SLRVEttM, *MM IS BASED ON HIS BEST KNOWLEDGE MATION REVISKHN� INCORPORATED 40a-692-azL AND BELIEF, FORMED R THE COURSE OF HIS PERPORMRIG THE SURVEY IN APLNMCE !005 Wr4 W.ww WITH THE STANOIRDS OF PRACTICE REWIRED AND PROMULGATED BY THE BOARD m REVISED PER TITLE COMPANY COMMENTS CONSULTING HNCINEERS. Acrd t A.>a ol.r.ns. SURVEYORS. AND PLANNERS 0250 EASTEX FItWY. eorwn*1.o 00+u1M�1 d srdo.:ww am ce a me pvov.ry OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF PROFS' L 0 9EAUYONT, 7'tlLAS 77709. Tort w iik t wwr;d,,,K.ane K lad to e.o...a.,aAt«e. SURVEYORS. AS SUCK R CONSTITUTES NEITHER A GUARANTEE NOR A W IM., (FAX) 408-892-1948 1 r*%M A�*+tom,,W. ^°d 1Ae"u10 d'^01 EXPRESSED OR WPUEU' I W.\2007\07-210\07-210.DWG\CD0 * Approval with a modification to the landscaping/screening requirements along the north property line. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH-RELATED FOOD BANK, CLOTHING DISTRIBUTION CENTER, FOOD SERVICE AND RELATED SOCIAL SERVICES IN AN NC(NEIGHBORHOOD COMMERCIAL) DISTRICT FOR PROPERTY LOCATED AT 145 E. ALMA AND 3280 SHANNON IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to Kingdom Connection Outreach Church to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial) District at 145 E. Alma and 3280 Shannon, being Lots 8-11 and the east 23' of Lot 12, Block 4, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.67 acres, more or less, as described on Exhibit"A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens subject to the hereinafter described condition: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church-related food bank, clothing distribution center, food service and related social services in an NC (Neighborhood Commercial) District at 145 E.Alma and 3280 Shannon, being Lots 8-11 and the east 23'of Lot 12, Block 4, South End Addition, City of Beaumont, Jefferson County, Texas, containing 0.67 acres, more or less, as described on Exhibit'A," attached hereto and made a part hereof for all purposes, is hereby granted to Kingdom Connection Outreach Church, its legal representatives, successors and assigns subject to the following condition: o Modification to the landscaping/screening requirements along the north property line. (No 8 foot fence and no 10 foot landscape strip) Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - i l File 1883- P: Request for a zone change from RS (Residential Single Family Dwelling)to NC(Neighborhood commercial) District and a specific use permit to allow a church-related N food bank clothing distribution center, food service and related social services in an RS (Residential Single Family Dwelling)or NC (Neighborhood Commercial) District Location: 145 E. Alma and 3280 Shannon Appli cant: Kingdom Connection Outreach Church 0 50 100 150 200 250 Feet i t I t i Legend ® 1883ZP E CHAPIN ST CHAPIN ST �z z 0 z Ui m Gzi M ALMA ST E ALMA ST EXHIBIT "A" s $N N. 45'LOT 14 4 BLOCK 14 Vol 1 8. DEBORAH.MAYO h RODERICK MAYO CF. NO. 2000001417 OPRJC CQL S ) - 11 sEr s e FND NB943:19 E 150.17' SET 5,a' FND S00'07%W ��. 1. 500 Lot 1FND N00'00'00"E 5.00' 14F 99.45' FND I' N(GLL 5.007 D9 _ FAD S89WS ?,IT 49.89' GI 1. PIPE �.�•, __________ � Lm S5'LOT 14k MOO $ N.40'LOTS 11, t2!t IJ I ( " i ( 50.00) W.M.Nixmw of.f ux. I i 145 EAST Am STREET VOL 129 PC )297,3285,3275 HIGHLAND AVENUE w �• DRX I I I 8 Oo�REO i BEAUMONT, TEXAS 77705 _ - DUAL = . zdJO o i %4 j Lola 9, 10, I1, 12, iJ and the South 5 feet of a I &NLO G I I -----------J E-+ M City olSIt mumont,the according t ND the plot ADDITION to x ___...I w recorded in Volume 3 Page 149 of the Mop x•90, I (z� Records of Jefferson County Texas. sa9o- IAIEfO t41CFliE Sligo,I\C I I.xa9' p I o VOL 196,PC 187 8 Owner:Kingdom Connection Oufrcoch Church MD00 k FRAY $ ORIC t0' y O I ON „ LOS LOTTO BLOCK 4 - Cmaus:26.00 PCs I A(ClEDO U40W KS,8FG 07 In accordance with the Z `-- lya 40.48' ... _...___...._..I_... ...-VOL-1474,--Pa '77 I `4' ^ V° Flood ZOro Boundary Ma,. 30'X 45'OUT OF d: I DRJC I 5�y - 0 O Department of Housing and O St I PART OF LOT I I {�1 t� C, Urban Development. H.S.11CLE00 et.ux. N 7 PTO 13 apt I N8. 79J,PC.372 Community No.:485457 LOt x 43.40' ._ �ILJ 9 r'y 8 Panel No 0025 D 4820' ---1 IBACT TFREE ') \.01 SOS Dale of RAM.8-6-02 I (fRST TRACT) I C' q This property lees in Zone r-(whae). i PART OF LOTS 1 OLD( 4 Location on mop determined by scale I I 12 AND 113 R I t�JAMES A. SMITH on mop.Actual Field elevation not SRICW H a MCLEOP et.ux. R W. 104-13-1893 determined.Mork W. Whiteley and , - a VOI.432,PC.36 I I OPRJC Associates does not warrant nor or - ? Op,4; QI1om�Q,, subscribe to the accuracy wk o r o of sold maps j Zone '(-(white)ore,oreas determined,to be SET SCRIBED I I ec 7N COKBEO FTD I -t N'IGP fH7 J/4" outside 500-year flood pbin. 7C IN CONC. I 4&20' 11ER I r AUSP P 4 TO THE OWNERS OF THE PREMISES SURVEYED ------- 7'4911'49.99' AS OF THE DATE OF THE SURVEY: FND 58 (CAL 58007 L TTfO'M,t S. ROWS O0 HEREBY CERTIFY THAT THIS SURVEY WAS THIS DAY HEREON AND SURFACE CT. i ME GROUND DF SERA sH OORLEGALLY ARID 8N \ ENCROACHMENTS OR OVERLAPPING OF IMPROVEMENTS ON THE SURFACE OF 3$ THE GROUND, EXCEPT AS SHOWN HEREON. ALL RECORDED FASELENIS 910MN AND $ NOTED PER BE4UWW RTE COMPANY G.F.No 98954384 ALMA STREET 047E SURVEYED: MARCH 7. 2007 $ m DATE REWSED:AWFCH 13.2007 ,tP '\Or F', a O'y FND 1- aS—OTC—OTC—OK OK—OC—OE—bC— ................S............ LPIPE THOMAS ...OWE. 5728 rP.iQ )UF rn THOMAS S. ROWS - REGISTERED PROFESSIONAL LANDS 5728 0 tl4lf, I. NOTHINC IN INS SURVEY IS INTENDED TO EXPRESS AN OPINION REG4RDIAC OWNERSHIP OR TnE +MARK . TIHITELEY P. 0. BOX 5492 2. THE WORD C&V FY IS UNDERSTOOD TO BE AN EXPRESSION OF PRDF-ESSIONAL D ASSOCIATES BEAUMONT. TEXAS 77728-5492 "CLIENT BY THE SURVEYOR, WFICH IS BASED ON HIS BEST KNOWLEDGE; MATON TENSION I,AO�. INCORPORATED 409-892-0421 AND BELIEF, FORMED IN THE COURSE OF FRS PERFOR W THE SURVEY IN m REWSED PER TITLE COMPANY COMMENTS TING ENGINEERS,OF THE STANDARDS OF PRACTICE REBORED AND PROMIA.GAIED PR TIE BMRD ORS, AND PLANNERS AUM T. TX AS rY. I W. wan inmw,wnl a.cwd 11 id 1 1.:er.a u.pxyMy OF PROFESSIONAL LAND SURVEYORS AND THE TEXAS SOCIETY OF BEAUMONT, TEXAS 77703 I uan w.wweH a,\,meat.,. ad me u.sl m er v:.e.repnmxr4 - SURVEYORS AS SUCH,IT CONSTITUTES NEITHER A GUARANTEE NOR A W TK (PAX) 409-892-1346 ape° °"16u&A itl °.. ^"""'"��^�^a'"°^r^"°^^ EXPRESSED OR IMPLIED. W:\2007\07-210\07-210.DWG\COD bn w.wnA.h.:Awtoln,pe. * Approval with a modification to the landscaping/screening requirements along the north property line. M x 00 5 June 5,2007 Consider approving a request for a zone change from A-R(Agricultural-Residential)District to RS (Residential Single Family Dwelling)District for property located west of Dowlen Road, north of Barrington Heights Addition City Council Agenda Item TO: City Council FROM: Kyle Hayes, Cit Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request for a zone change from A-R (Agricultural-Residential)District to RS (Residential Single Family Dwelling) District for property located west of Dowlen Road, north of Barrington Heights Addition. RECOMMENDATION The Administration recommends approval of a request for a zone change from A-R(Agricultural- Residential)District to RS (Residential Single Family Dwelling)District for property located west of Dowlen Road, north of Barrington Heights Addition. BACKGROUND LEAP Engineering LLC is requesting a zone change from A-R(Agricultural-Residential)District to RS (Residential Single Family Dwelling) District for two tracts of land totaling 13.677 acres. These tracts are part of the Metropolitan Park development on the west side of Dowlen, north of Barrington Heights. The subject property will be developed as a single family residential subdivision. Thirteen of the lots will average 0.25 acres in area and eleven lots will average 0.50 acres in area. The road serving the subdivision will be private. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve a request for a zone change from A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling)District for property located west of Dowlen Road, north of Barrington Heights Addition. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT,TEXAS,AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY CHANGING THE ZONING OF PROPERTY PRESENTLY ZONED A-R (AGRICULTURAL- RESIDENTIAL) DISTRICT TO RS (RESIDENTIAL SINGLE FAMILY DWELLING)DISTRICT FOR PROPERTY LOCATED WEST OF DOWLEN ROAD, NORTH OF BARRINGTON HEIGHTS ADDITION, BEAUMONT, JEFFERSON COUNTY, TEXAS;PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by changing the zoning of property presently zoned as A-R (Agricultural-Residential) District to RS (Residential Single Family Dwelling) District for property located west of Dowlen Road, north of Barrington Heights Addition, as described in Exhibit"A"and shown on Exhibits"B" and "C," and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations of the underlying zoning district as well as those regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 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. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Section 5. 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 this the 5th day of June, 2007. - Mayor Becky Ames - LEGAL DESCRIPTION FOR ORDINANCES PURPOSES TRACT ONE - For locative purposes,COMMENCE at an iron rod with cap stamped"access"for the northwest corner of Lot 33 of Barrington Heights,Phase VI,as recorded in the Map Records,Vol. 17,Page 333; said iron rod being in a south line of that certain tract conveyed to Jefferson County Drainage District No. 6 and recorded in the Real Property Records,File 2001014787,and being called 2.032 acres; THENCE south 86°50'56"west along a south line of the said 2.032-acre tract,416.88'to an iron rod found for an angle point; THENCE north 11°2447"east across the said 2.032-acre tract 20.66'to an iron rod found for an interior angle point in the north line of the said 2:032-acre tract at an angle point in the south line of the said 3oo.o-acre tract; THENCE north 01°40'50"west across the said 300.o-acre tract,a distance of 67.07'to an iron rod set for an angle point in the south line of the tract herein described and the PLACE OF BEGINNING; THENCE north 65°07'47"west along a south line of the tract herein described,a distance of 150.48'to an iron rod set for the most westerly southwest corner of the tract herein described; THENCE along the west line of the tract herein described,the following bearings and distances with iron rods set at angle points; North 34°08'30"west, 25.72'to an angle point; North 03°09'13"west,93.09'to an angle point; North 11°32'29"east,70.19'to an angle point; North 49°11'1o"east,39.59'to an iron rod set for the most northerly northwest corner of the tract herein described; THENCE north 86°4952"east along the north line of the tract herein described,a distance of 978.81'to an iron rod set for the most northerly northeast corner of the tract herein described; THENCE south 64°59'46"east along a northeast line of the tract herein described,a distance of 26.45'to an iron rod set for an angle point; THENCE south 36 04924"east along an easterly line of the tract herein described,passing at 255.3o'an iron rod set for the northwest corner of Tract 3 described in this document and continuing for a total distance of 283.41'to an iron rod set for an angle point; THENCE south 3°09'13"east along an east line of the tract herein described,a distance of 21.6o'to an iron rod set for angle point; THENCE south 41°50'19"west along an easterly line of the tract herein described a distance of 21.22'to an iron rod set for the most southerly southeast corner of the tract herein described and the southwest corner of the said Tract 3; THENCE south 86 049'52"west along the south line of the tract herein described,a distance of 1,019.o7'to an iron rod set for angle point; THENCE north 79°08'57"west along a southerly line of the tract herein described,a distance of 29.11'to the PLACE OF BEGINNING containing 7.239 acres of land more or less. EXHIBIT "A" LEGAL DESCRIPTION FOR ORDINANCES PURPOSES TRACT TWO - For locative purposes,commence at an iron rod set for the most southerly southeast corner of Tract 1 described in this document and the southwest corner of Tract 3 described in this document; THENCE north 86 04952"east along the south line of Tract 3 described in this document 241.95'to an iron rod set for the most southerly southwest corner of the tract herein described and the PLACE OF BEGINNING; THENCE north 48°22'44"west along a southwesterly line of the tract herein described,.a distance of 21.29'to an iron rod set for an angle point; THENCE north 3°35'20"west along a westerly line of the tract herein described,passing at 45•oo'an iron rod set for the northeast corner of Tract.3 described in this document and continuing for a total distance of 625.38'to an iron rod set for an angle point; THENCE north 22 010'21"east along a northwesterly line of the tract herein described,a distance of 27.02'to an iron rod set for an angle point; THENCE north 47°56'o1"east along a northwesterly line of the tract herein described,a distance of 432.76'to an iron rod set for an angle point; THENCE north 88°4348"east along a northerly line of the tract herein described,a distance of 22.71'to an iron rod set for angle point; THENCE south 50°28'26"east along a northeasterly line of the tract herein described,a distance of 81.o7 to an iron rod set for angle point; THENCE south 5°33'38"east along an easterly line of the tract herein described,a distance of 21.25 to an iron rod set for angle point; THENCE south 39021'10"west along a southeasterly line of the tract herein described,"a distance of 48.90'to an iron rod set for angle point; THENCE south 29°09'02"west along a southeasterly line of the tract herein described,a distance of 2953'to an iron rod set for angle point; THENCE south 18°56'53"west along a southeasterly line of the tract herein described,a distance of i5i.6o to an iron rod set for angle point; THENCE south 07°40'47'west along an easterly line of the tract herein described,a distance of 29.42 to an iron rod set for angle point; THENCE south 03 035'20"east along an easterly line of the tract herein described, a distance of 614.26 to an iron rod set for the most easterly southeast corner of the tract herein described; said iron rod being located south 13°36'12"east, 202.96'from an iron rod found for the northwest corner of Barrington Heights, Phase I,as recorded in the Map Records,Vol. 15,Page 348, THENCE south 41°37'16"west along a southeast line of the tract herein described,a distance of 21.13 to an iron rod set for the most southerly southeast corner of the tract herein described; THENCE south 86°49'52"west along a south line of the tract herein described,a distance of 290.01 to the PLACE OF BEGINNING containing 6.137 acres of land more or less. , r t P �� S ®�� r 1 ®� • 0 4/t . Exhlblt"A" Sketch ofeh« L2 Tract 1- m 7.239 Ace Tract 2-8.137 Acres Tract 3-0.301 Acres Zone Change ' s Request h (A-R to R-S) a out of the 8611E H.W Illams Survey,Abstract No.58 61 ¢( Located In q Beaumont,Jefferson County,Texas Vicinity Map v e NoA April zoo? - � aPxuc Prepared by: ry h cw s a—K T-7ms n Gl�r °i1(4mffs.mat r-(ar)srafear fec(IOP)Irt•isre Ner1R E MIN t77 j aB71C VY x 75.07 W • NbhopdMn Park of eeasnord.LTD. rn ad C d U3 Tract(T 9 22)e 2 OARJC. eF a a � a fti F"AAQ Olga - • < W $ X11 N 89.44.51'E 878.85 70 m S ai o�oria°o�e Me6WoMan Pak d8asumaK LTD. vsa w j Cried 7239 Ans Tract(Tract 1) Me6opaNsn Ps*d Besunad,LTD. O1tJ�` Clark's FIN No.2t1080179s2 Cded 0.301 Aas Tract(Tract 3) O.P.R.I.C. '� CWW8 FIe No.2008017942 O.P.RJ.C. ry� N 89.4969'E 227.03' M1� 1� L 13 S 89.44'18'W 1018.17 - �^ S 43.S9'W 24133r S 88'49 10'W 290.11' " CIOW UA�wl;YMds e Pe.rrnwaaio e.ew�Ner++� e.�epn�Nerwr. o.r.rs�rw aoemor ,r,l r��ira 0.P#14 xhibit/Phase3zoneChange.dgn 4/27/2007 10:48:27 AM 6 June 5, 2007 Consider approving a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial)District at 3655 Highland ,••.•• City Council Agenda Item Qw- TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial) District at 3655 Highland. RECOMMENDATION The Administration recommends approval of a request for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial)District at 3655 Highland subject to the following conditions: 1. Delete the two parking spaces in the northeast corner of the property 2. Modify the dumpster space to allow for on-site maneuvering of garbage trucks and a minimum 20'wide driveway and with a modification to the landscaping/screening requirements along the east property line (no fencing along the entire length, 8'wide landscape strip along the north 120' and no landscape strip along the south 84'). BACKGROUND In March, 2005,Pastor Rosetta Jones of the Kingdom Connection Outreach Church requested and received City Council approval of a specific use permit to allow a church at 3655 Highland. The church has renovated an existing 7,255 sq. ft. building for use as the sanctuary and classrooms. It is now the desire of the church to construct another 2,535 sq. ft. building and additional parking adjacent to the existing building. The building will be used for church related activities. Pastor Jones states that the new building will include a banquet hall and kitchen. She says that Kingdom Connection Outreach Church is focused on improving the quality of life in the South Park community by providing a food bank, a clothes closet, nutritious meals and assistance with housing needs. At a Joint Public Hearing held May 21,2007,the Planning Commission voted 7:0 to approve for an amended specific use permit to allow the expansion of a church in an NC (Neighborhood Commercial) District at 3655 Highland subject to the following conditions: 1. Delete the two parking spaces in the northeast corner of the property 2. Modify the dumpster space to allow for on-site maneuvering of garbage trucks and a minimum 20'wide driveway and with a modification to the landscaping/screening requirements along the east property line (no fencing along the entire length, 8' wide landscape strip along the north 120' and no landscape strip along the south 84'). Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE ISSUING AN AMENDED SPECIFIC USE PERMIT TO ALLOW THE EXPANSION OF A CHURCH IN AN NC (NEIGHBORHOOD COMMERCIAL) DISTRICT LOCATED AT 3655 HIGHLAND IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS, on March 8, 2005, City Council approved Ordinance 05-025 issuing a Specific Use Permit to Kingdom Connection Outreach Church to allow the operation of a church and outreach ministry in an NC(Neighborhood Commercial) District located at 3655 Highland, being Lots 1-4, Highland Heights Addition, City of Beaumont, Jefferson County, Texas, containing 0.67 acres, more or less, as shown on Exhibit "A" attached hereto and made a part hereof for all purposes; and, WHEREAS, the applicant, Kingdom Connection Outreach Church, wishes to construct a 2,535 sq. ft. building and additional parking adjacent to the existing building; and, WHEREAS, the Planning and Zoning Commission of the City of Beaumont considered the request to amend the Specific Use Permit to allow the expansion of the church; and, WHEREAS,H REAS, the City Council is of the opinion that the amendment of such specific use permit is in the best interest of the City of Beaumont and its citizens, subject to the hereinafter described conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. THAT Ordinance 05-025 authorizing a Specific Use Permit is amended to allow the construction of a 2,535 sq. ft. building and additional parking adjacent to the existing building, for that certain tract described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the hereinafter described conditions: 1. Delete the two parking spaces in the northeast corner of the property 2. Modify the dumpster space to allow for on-site maneuvering of garbage trucks and a minimum 20' wide driveway 3. Modify the landscaping/screening requirements along the east property line (no fencing along the entire length, 8' wide landscape strip along the north 120' and no landscape strip along the south 84'). Section 2. That all conditions necessary for issuance of an amended specific use permit for the above-described property in Beaumont, Jefferson County, Texas, in accordance with Section 30-26 and Section 30-40 of the Code of Ordinances of the City of Beaumont, as amended, have been met and such amendment is hereby granted to Kingdom Connection Church, its legal representatives, successors and assigns. Section 3. That the amended specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 4. Notwithstanding the site plan attached hereto as Exhibit"B,"the use of the property hereinabove described shall be in all other respects, subject to all of the applicable regulations contained in Ordinance 05-025 and the regulations contained in Chapter 30 of the Code of Ordinances of the City of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - Fite 7882-P: Request for an amended specific use permit to allow the expansion ofa church in an N NC (Neighborhood Commercial)District. Location: 3655 Highland Applicant:Kingdom Connection Outreach Church 0 100 200 Feet Legend ® 1882P E CHURCH ST CHURCH ST r Z Cn v � M = m CD R N PIPKiN ST E PIPKIN ST EXHIBIT "A" *Approval subject to the following conditions: 1. Delete the two parking spaces in the northeast corner of the property 2. Modify the dumpster space to allow for on-site maneuvering of garbage trucks and a minimum 20' wide driveway • ---------------------------- v n. wI ---------- P® I HI -- I ------------------------ GENERAL NOTES ------I •sea I ' I ,.wav,nwawECw,r,lax •�n 1 „u��p.wP.p,P�0004ws �a,ae p • I 1 1 MLENQW6lQ Il]Ne, YC II I i bl.MO,aE NA,,,vwmm„.l I 1 Nawaaw,vWNaxwmurxc nw • I I Pik i 1 1 .' ' NEW ADDIfpN 1 SIS-ft) Z�Z ------------ ------------- I I I I •I I 1 Pm,u'rn�iorpw �°°P�'P I 3 nt .u.�o.r..Pm �r• I �- -' �iolsrRlc•` PPRC 4. M. • �EXISPNG PORCH.;: i *�.P w � •:EzhYaiH.I. � R U Z Pte. Z Q I I �0=Q- pZU U NEW PARKING II65PACESi ZZQ,n YOw Q j �MO^�v nev�iew Eprou�cNC� � I I I U= NI I NIojea Numem. .d�Pl I6110D1 I �� a,oUEro�iwm,,L1 dlplp 449N im ��ancw i� i M d y •,pc e,AELEMOMp �� DRAWN BY: rAEpq la Db. Rwo ---'-----�-------•--'-- ---------�—'--- - — —''------- �, ••'� '� •�• CHEfJ.EO Or w _� e-FX67WG,CONCR?E: ,rr,aP mG i 9 w No: i rILANDSCAPEPLAN I� . HIGHLANDAVENUE AO-02 corrdclPe� 7 June 5, 2007 Consider approving a request for a specific use permit to allow a church in an RCR(Residential Conservation and Revitalization)District at 1619 Park City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner,Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request for a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park. RECOMMENDATION The Administration recommends approval of a request for a specific use permit to allow a church in an RCR(Residential Conservation and Revitalization) District at 1619 Park. BACKGROUND New Beginning Christian Church is requesting a specific use permit to allow a church in an existing commercial building at 1619 Park. Lavelle Lemonier, the Senior Pastor, is making the request on behalf of the church. Reverend Lemonier states that church services will be held every Sunday at 10:30 a.m. Bible study will be held on Wednesday nights at 7:00 p.m. Other church activities will be held during the week. The church sanctuary will seat approximately 50 persons. Required parking will be provided along the north side of the building. Additional parking is available on the east side of the building. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 7:0 to approve a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARY IMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE GRANTING A SPECIFIC USE PERMIT TO ALLOW A CHURCH IN AN RCR (RESIDENTIAL CONSERVATION AND REVITALIZATION) DISTRICT FOR PROPERTY LOCATED AT 1619 PARK IN THE CITY OF BEAUMONT, JEFFERSON COUNTY, TEXAS. WHEREAS,the City Council for the City of Beaumont desires to issue a specific use permit to New Beginning Christian Center to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park, being Lots 4-5 and the W 43'of Lot 3, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.449 acres, more or less, as described on Exhibit "A" attached hereto; and, WHEREAS, the City Council is of the opinion that the issuance of such specific use permit is in the best interest of the City of Beaumont and its citizens: NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That a specific use permit to allow a church in an RCR (Residential Conservation and Revitalization) District at 1619 Park, being Lots 4-5 and the W 43'of Lot 3, Block 8, Jersey Farm Addition, City of Beaumont, Jefferson County, Texas, containing 0.449 acres, more or less, as described on Exhibit "A" attached hereto and made a part hereof for all purposes, is hereby granted to New Beginning Christian Center, its legal representatives, successors and assigns. Section 2. That the specific use permit herein granted is expressly issued for and in accordance with each particular and detail of the site plan attached hereto as Exhibit "B" and made a part hereof for all purposes. Section 3. Notwithstanding the site plan attached hereto, the use of the property herein above described shall be in all other respects subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 5th day of June, 2007. - Mayor Becky Ames - File 1.881-P: Request for a specific use permit to allow a church in an RCR(Residential N Conservation and Revitalization) District Location: 1619 Park Applicant: New Beginning Christian Center 0 100 200 Feet Legend LANGHAM ST ® 1881 P BUFORD ST L 7. L ROYAL ST `v m Z � r G Z D` N CRAIG ST FXHIBIT "A" �...._.. E RR ROOM T ROOM NEW RAISED PLATFORM WITH 2x6 JOISTS SPACED w ® 16" O.C. SET ON THE {o EXISTING CONCRETE SLAB WITH Y4" PLYWOOD DECK a" SANCTUARY Lu 00 NEW WALL 8 FT. TALL WITH 4 FT. WIDE FRAMED OPENING. 2x4 STUDS 16" 0.C. WITH 1'z" SHEETROCK ON ONE SIDE K SOUND RM a STORAGE RM A/C Z ti= RR p z RM KITCHEN i OFFICE RR Gs r co�P�E„OF,.rFsy`` TN i*: ••. �j ...........................:... o "s OFFICE OFFICE FOYER ;$j $ KM s ...............................93483 ./CE S 0NN X LA �l NEW BEGINNING CHRISTIAN CENTER EXHIBIT «B„ 1 F14 PARK �T RPAI IWr)KIT TX 777na_ 8 June 5,2007 Consider approving a request for the removal of a lot out of the Oaks Historic District at 2335 Calder I ma. City Council Agenda Item TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tom Warner, Public Works Director MEETING DATE: June 5, 2007 AGENDA MEMO DATE: May 22, 2007 REQUESTED ACTION: Council consider a request for the removal of a lot out of the Oaks Historic District at 2335 Calder. RECOMMENDATION The Administration recommends approval of a request for the removal of a lot out of the Oaks Historic District at 2335 Calder. BACKGROUND Wayne Ingwersen is requesting the removal of his lot at 2335 Calder out of the Oaks Historic District. The lot was previously occupied by a two story apartment building that was demolished in 2006 with approval by the Historic Landmark Commission. In November, 2006, the Historic Landmark Commission approved a Certificate of Appropriateness for a restaurant addition and bar on the subject property. The Ingwersens own and operate Easy's Restaurant next door at 2325 Calder. When the Oaks Historic District was expanded south of Calder,2335 and 2345 Calder were included in the Oaks Historic District at the request of the previous property owner. These are the only two properties fronting on the south side of Calder that are within the historic district. On May 14, 2007, the Historic Landmark Commission recommended approval of this request. At a Joint Public Hearing held May 21, 2007, the Planning Commission voted 6:0:1 to approve a request for the removal of a lot out of the Oaks Historic District at 2335 Calder. Recommended by Planning Commission, City Manager, Public Works Director and the Planning Manager. BUDGETARYIMPACT None. ORDINANCE NO. ENTITLED AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF BEAUMONT, TEXAS, AND IN PARTICULAR THE BOUNDARIES OF THE ZONING DISTRICTS, AS INDICATED UPON THE ZONING MAP OF BEAUMONT, TEXAS, BY REMOVING THE ZONING DESIGNATION OF HC (HISTORIC CULTURAL LANDMARK PRESERVATION) OVERLAY DISTRICT FOR PROPERTY LOCATED AT 2335 CALDER, BEAUMONT,JEFFERSON COUNTY,TEXAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND PROVIDING A PENALTY. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. That Chapter 30 of the Code of Ordinances of Beaumont, Texas, and in particular the boundaries of the zoning districts, as indicated upon the Zoning Map of the City of Beaumont, referred to in Section 30-513 thereof, is hereby amended by removing the zoning designation of HC (Historic Cultural Landmark Preservation) Overlay District for property located at 2335 Calder, being Lot 6, Block 22, Averill Addition, City of Beaumont, Jefferson County,Texas, containing 0.172 acres, more or less, as described on Exhibit"A", and the official zoning map of the City of Beaumont is hereby amended to reflect such changes. Section 2. That, in all other respects, the use of the property herein above described shall be subject to all of the applicable regulations contained in Chapter 30 of the Code of Ordinances of Beaumont, Texas, as amended. 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. That all ordinances or parts of ordinances in conflict herewith are repealed to the extent of the conflict only. Y Section 5. 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 this the 5th day of June, 2007 - Mayor Becky Ames - MC f,ODulN S� f 117nr)rTil ?��• K' .. 71773-Z: Request for a zone change to remove an HC (Historic Cultural Landmark NORM ) Overlay District. ) 693 Broadway ppcant: J. D. Lindow SCALE V=200' , j CHURCH ! 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